A Spanaway man accused of having sex with a dog is apparently the first person in the Washington charged under a new bestiality law.

TACOMA, Wash. — A Spanaway man believed to be the first person in the state charged under Washington’s new bestiality law bailed out of the Pierce County Jail this morning.

Pierce County prosecutors say 26-year-old Michael Patrick McPhail was caught by his wife on Wednesday night having intercourse on the back porch with their four-year-old female pit bull terrier.

The wife took photos with a cell phone and called police.

Pierce County sheriff’s spokesman Ed Troyer says “There’s pretty clear proof what happened to this dog.”

McPhail was arrested that night.

Charged with animal cruelty, he could be sentenced to a year in jail if convicted.

The bestiality law took effect in June. It was prompted by an incident in Enumclaw where a man died after having sex with a horse.