Idaho Code
Idaho Code § 18-6602 (2026)
sexual abuse of an animal.
✓ current as of May 2026
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sexual abuse of an animal.
(1) A person is guilty of a felony if that person:
(a) Engages in sexual contact with an animal;
(b) Advertises, solicits, offers, or accepts the offer of an animal or possesses, purchases, or otherwise obtains an animal with the intent that the animal be subject to sexual contact; or
(c) Causes, aids, or abets another person to engage in sexual contact with an animal.
(2) As used in this section:
(a) "Animal" means any living creature of the animal kingdom, other than a human being, whether dead or alive at the time of the violation of this section; and
(b) "Sexual contact" means any act committed between a person and an animal for the purpose of sexual arousal, sexual gratification, abuse, or financial gain without a bona fide veterinary or animal husbandry purpose and involving:
(i) Contact between the sex organs or anus of an animal and the mouth of the person or contact between the sex organs or anus of the person and the mouth of the animal;
(ii) The insertion of any part of the animal’s body into the vaginal or anal opening of the person; or
(iii) The insertion of any part of the body of a person or any object into the vaginal or anal opening of an animal.
(3) Any person who violates this section may be punished by imprisonment in the state prison for a term not to exceed five (5) years. Additionally, the court may order a person who violates this section to:
(a) Relinquish custody of some or all animals under the person’s control at the time of the offense. If the person convicted of violating this section is not the owner of the animal that was the subject of the violation, then the animal shall be returned to the owner of the animal. An animal returned to an owner under this section shall not be spayed or neutered prior to being returned; and
(b) Reimburse the agency or shelter caring for the animal for reasonable costs incurred for the care and treatment of the animal from the date of impoundment until the disposition of the criminal proceeding.
(4) Nothing in this section shall be construed to criminalize:
(a) Generally accepted veterinary practices in compliance with chapter 21, title 54, Idaho Code;
(b) Generally accepted agricultural, farming, ranching, and animal husbandry practices, including grooming, raising, breeding or artificially inseminating an animal for reproductive purposes, assisting with the birthing process of animals, or any other procedure that provides care for an animal;
(c) Generally accepted commercial, traditional, cultural, historical, or tribal practices, including judging of breed conformation, rodeos, horse racing, fairs, and stock sales and auctions; or
(d) Generally accepted hunting, fishing, and trapping practices in compliance with title 36, Idaho Code.
Notes of Decisions
Cited in 13
cases (1 in the last 5 years), 1976–2026 · leading case: Ray v. State, 982 P.2d 931 (Idaho 1999).
Ray v. State, 982 P.2d 931 (Idaho 1999). “§ 18-6605, and incest, I.C. § 18-6602) as well as to those found guilty of sex crimes involving forcible acts or minor children.”
Rhoades v. Henry, 638 F.3d 1027 (9th Cir. 2011). “We note that Rhoades had asked for a similar allegation in his petition in the Michelbacher case to be deleted.”
Walter D. Balla v. Idaho State Bd. of Corr., Walter D. Balla v. Idaho State Bd. of Corr., 869 F.2d 461 (9th Cir. 1989). “…This argument lacks merit. The specific crimes listed in section 20-223(b) are: rape, Idaho Code § 18-6104 ; incest, Idaho Code § 18-6602 ; committing a lewd act upon a child, Idaho Code §§ 18-1506 & 18-1508; crime against nature, Idaho Code § 18-6605 ; and assault with…”
State v. Herr, 554 P.2d 961 (Idaho 1976). “…or adultery with each other, are punishable by imprisonment in the state prison not exceeding ten years.” Now I.C. § 18-6602.”
Commonwealth v. Rahim, 805 N.E.2d 13 (Mass. 2004). “§ 707-741 (1993); Idaho Code § 18-6602 (Lexis 1997); Idaho Code § 32-205 (Michie 1996); Ind.”
State v. Franklin Osterhoudt, 318 P.3d 636 (Idaho Ct. App. 2013). “________________________________________________ PERRY, Judge Pro Tem Franklin Ward Osterhoudt appeals from the judgment of conviction entered upon the jury verdict finding him guilty of rape, Idaho Code §§ 18-6101 , 18-6104; incest, I.C. §§ 18-6602, 18- 112; and two counts of…”
Rhoades v. Henry, 596 F.3d 1170 (9th Cir. 2010). “No factual allegations with respect to either incestuous relationship in which Rhoades participated, one with his sister (as recently as a few days before his Nevada arrest) and another with an aunt after his uncle committed suicide, are made in the Third Amended Petition.”
State v. Drennon, 883 P.2d 704 (Idaho Ct. App. 1994). “Drennon’s assertion that the word “incest” was erroneous because it is defined to mean intercourse in I.C. § 18-6602 rather than mere sexual contact is without merit.”
LaBarge v. State, 782 P.2d 59 (Idaho Ct. App. 1989). “§ 18-6607, instead of incest pursuant to I.C. § 18-6602. Where the facts legitimately invoke more than one statute, a prosecutor is vested with a wide range of discretion in deciding what crime to prosecute.”
State v. Madrid, 702 P.2d 308 (Idaho Ct. App. 1985). “I.C. § 18-6602 defines incest and its punishment.”
State of Idaho v. Timothy Jon Gutierrez (Idaho 2026). “counts of Sexual Exploitation of a Child by Possession of Sexually Exploitative Material, a felony under Idaho Code section 18- 1507(2)(a), one count of Sexual Exploitation of a Child, a felony under Idaho Code section 18- 1507(2)(b), one count of Lewd Conduct with a Minor Under…”
State v. Chad R. Streeter (Idaho Ct. App. 2011). “I.C. § 18-6602. In exchange for this guilty plea, an additional count of rape was dismissed.”
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