That's not a bad idea for distinguishing between the two but that is already treating bestiality as a crime. There is no good justification for bestiality as a crime that would not make most accepted treatment of animals illegal as well. Prosecuting bestiality where it can be shown to be abusive would be consistent but is unsatisfactory because then most cases of bestiality would be legal. The problem with anti-bestiality laws is that lack of justification.
"If all mankind minus one, were of one opinion, and only one person were of the contrary opinion, mankind would be no more justified in silencing that one person, than he, if he had the power, would be justified in silencing mankind."
~John Stuart Mill~
That's not a bad idea for distinguishing between the two but that is already treating bestiality as a crime. There is no good justification for bestiality as a crime that would not make most accepted treatment of animals illegal as well. Prosecuting bestiality where it can be shown to be abusive would be consistent but is unsatisfactory because then most cases of bestiality would be legal. The problem with anti-bestiality laws is that lack of justification.
"If all mankind minus one, were of one opinion, and only one person were of the contrary opinion, mankind would be no more justified in silencing that one person, than he, if he had the power, would be justified in silencing mankind."
~John Stuart Mill~