Prosecution of a Douglas County  case involving alleged sexual contact with a dead deer may hinge on the legal definition of the word “animal," the Duluth News Tribune reports.

Bryan James Hathaway, 20, of Superior faces a misdemeanor charge of sexual gratification with an animal. He is accused of having sex with a dead deer he saw beside Stinson Avenue on Oct. 11.

A motion filed last week by his attorney, public defender Fredric Anderson, argued that because 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 on Tuesday.

You can read the motion at The Smoking Gun. Details here from the Duluth News Tribune.