DULUTH, Minn. – Prosecution of a case involving alleged sexual contact with a dead deer may hinge on the legal definition of the word “animal.”
Bryan James Hathaway, 20, of Superior, Wis., faces a misdemeanor charge of sexual gratification with an animal. He is accused of having sex with a dead deer he saw beside a road on Oct. 11.
A motion filed last week by his attorney, public defender Fredric Anderson, argued that since the deer was dead, it was not considered an animal and the charge should be dismissed.
“The statute does not prohibit one from having sex with a carcass,” Anderson wrote.
Judge Michael Lucci heard the motion Tuesday.
“I’m a little surprised this issue hasn’t been tackled before in another case,” Lucci said.
Well now, that’s different.