I work at the Denton County Criminal District Attorney's Office as a legal intern in the Child Abuse Unit. We have a case currently being reviewed on intake filed as Sexual Performance by a Child (2nd degree felony). The case involves pictures taken of a 5 year old child, taken by his father (defendant), engaging in what looks to be simulated sexual bestiality. The dog is a female and the child's head is under the dog, near the genital area. The child is fully clothed (eliminating simulated sexual bestiality) and it is not clear that he is engaging in actual sexual bestiality. I have searched Texas caselaw and statutes for the definition of "sexual bestiality" and have found nothing. We are trying to decide whether to decline the case, seeing as it doesn't seem to meet the elements of Sexual Performance by a Child. The guy is a scumbag, and is good for something, but not sure what we can get him on. Anyone ever seen "sexual bestiality" defined under Texas law? Thanks.

Wow. I have two answers:

(a) without seeing the picture, there is no way to answer whether it fits sexual performance of a child, or obscenity, or child pornography, or any other crime -- it sounds like this is one of those "I know it when I see it" deals.

(b) and I don't want to see it!

charge him with being a scumbag! Under 99.01 of the code.

Shannon has good advice, but another alternative is to let CPS have a crack at on the civil side.

Cruelty to Animals?

Seems to me that since sexual bestiality isn't defined, you go on common meaning. And if your picture is as described, I would suspect that 12 citizens would think that it meets their definition of bestiality (i.e. Nasty!)
I'd probably file the case, knowing my real fight would be at the appellate level on the definition.

Second, the investigating agency ought to look a lot harder at this guy. I'd bet a month's pay that if he's taking that kind of picture, he's also taken a lot more that will squarely fall within the definitions in the penal code, not to mention done God knows what to that child. I'd say a search warrant for his computer, his house, his office, his car, his storage rooms, and everywhere else is in order. And get CPS to interview the kid yesterday.

Thanks for all the good replies. We referred the case to GJ today as Sexual Performance by a Child (2nd degree). The child victim is currently in CPS custody. Wish us luck!

Keep looking; I would bet that there are more photos. These guys, even when under investigation, will hoard those pics.

[This message was edited by BLeonard on 10-01-05 at .]