The law, penalties and defences for making bestiality pornography in NSW

• Published date: 21 August 2023
• Law Firm: Sydney Criminal Lawyers
• Author: Mr Jarryd Bartle

A Queensland couple has been charged with engaging in a series of sexual acts involving dogs and capturing it on video.

37-year old Crystal May Hoare and 28-year old Jay Wade Veenstra, 28 are each charged with five counts of engaging in bestiality with 2 dogs over a 12 month period from October 2021 in the Sarina, a coastal locality of the Mackay region in Queensland, and filming the conduct.

The were arrested, charged and taken to a Queensland watch house last month, before being released on conditional bail.

They briefly appeared in court on Monday, at which time the proceedings were adjourned for further mention later this year.

Here in New South Wales, the acts of engaging in or attempting to engage in sexual activity with an animal – known as 'bestiality' – and possessing, producing or disseminating (sharing) bestiality or animal crush material are criminal offences under the law.

Here's an outline of those laws, as well as the maximum penalties and defences that apply.

The Offence of Bestiality in NSW

Under section 79 of the Crimes Act 1900 (NSW), a person who commits an act of bestiality faces a maximum penalty of 14 years' imprisonment.

'Bestiality' is not defined in the Act, but under common law is defined as 'sexual intercourse with an animal'; see R v Brown (1889) 24 QBD 357.

The common law has has found that bestiality is not limited to sexual penetration to an animal – it can include acts of oral sex and manual stimulation; see R v Bourne ...