Since July 13, 2013, § 3 subparagraph 13 of the Animal Protection Law says, it is a misdemeanour
“to use an animal for own sexual acts or to train it to be used by other persons for sexual acts and to force it by this into a behaviour, which is against the nature of its species.”
The fine can be up to 25.000 Euros.
In the public debate, this law is referred to as “Zoophilieverbot”, the ban on zoophilia.
The aim of the Zoophilieverbot is to enforce the protection of animals against sexual assaults. However, sexual violence was liable to prosecution before by the animal welfare law §17 and §18. This has not been changed.
On December 8, 2015, the Federal Constitutional Court rejected a complaint against the § 3 subparagraph 13 of the Animal Welfare Law. The explanatory statement specifies, this rule is fulfilled only if the animal is forced into a behaviour which is against the nature of its species.
The court says, that this force has to be equal to physical violence to fulfill this rule. Thus, the sexual intercourse with non-human animals is not prohibited generally.