Is Sex With an Animal Carcass a Crime?

From the Smoking Gun:

Meet Bryan James Hathaway, alleged venison lover. The Wisconsin man, 20, is facing charges that he had sex last month with a dead deer. Hathaway, who previously has served time for killing a horse he intended to sexually assault, allegedly found the deer in a ditch alongside a roadway. Now Hathaway’s lawyer has filed a court motion (a copy of which you’ll find here) arguing that since the animal was already dead, Hathaway should not face a misdemeanor rap of sexual gratification with an animal.

The court motion includes a quote from The Princess Bride:

In addition, defining animal to include carcasses would lead to absurd results. At what point of decompose would the carcass cease being an animal? Would picked-over skeletal remains still meet the definition? At death, an animal ceases to be an animal. As Billy Crystal noted in The Princess Bride (1987), “There’s a big difference between mostly dead and all dead.”