A man says having sex with a dead deer isn't a crime, since laws only apply to living animals.

Bryan James Hathaway, 20, is on trial for "mating" with a deceased deer he saw beside Stinson Avenue on Oct. 11.

Now, facing a misdemeanor charge of sexual gratification with an animal, public defender Fredric Anderson, says his client is innocent, since "the statute does not prohibit one from having sex with a carcass."

Judge Michael Lucci says, "I'm a little surprised this issue hasn't been tackled before in another case."

What sparked the debate was Webster's dictionary, which defines an "animal" as "any of a kingdom of living beings."

According to the Superior Daily Telegram, the misdemeanor charge carries a maximum penalty of nine months in jail and a fine of up to $10,000. If convicted, Hathaway could serve a prison term of up to two years because of a previous conviction.