Pierce County man first in state charged under new bestiality law

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A Spanaway, Pierce County, man has become the first person charged under the state's new felony bestiality law. Michael Patrick McPhail, 26, was charged Thursday with one count of first-degree animal cruelty after his wife allegedly caught him having sex with the family's pit bull, according to charging papers filed in Pierce County Superior Court. The woman snapped two photos with her cellphone camera, then dialed 911, authorities said.

McPhail was bailed out of jail on Friday, two days after the alleged incident.

According to Rita Morgan, national cruelty coordinator for Pasado's Safe Haven, McPhail is the first person in the state charged under the new law, which makes bestiality a Class C felony, punishable by a maximum of five years in prison and a $10,000 fine. The law was spurred by the case of a Seattle man who died last year after having sex with a horse at an Enumclaw farm.

Because the Enumclaw case involved filming the sex acts, the law also says that anyone videotaping could be convicted under animal-cruelty laws. People who allow bestiality on their property might also face prosecution.

Sen. Pam Roach, R-Auburn, who sponsored the bestiality law, said she hopes McPhail's case sends the message that anyone who "abuses animals in this way" deserves to be punished.

Neither McPhail, who was released on $20,000 bail Friday morning, nor his wife, could be reached for comment. A condition of McPhail's release is that he can't have contact with animals, said Deputy Prosecutor Karen Watson.

Morgan said she was trying to reach the family to offer safe housing for the 4-year-old dog. The tan-colored dog was left with McPhail's wife after his arrest, deputies said. "We see this as a case of animal cruelty; this man is subjecting this animal to intentional cruel behavior," Morgan said. "He's certainly in need of counseling."