Animal Abuse

Document Sample
Animal Abuse Powered By Docstoc
					                                                  Animal Abuse
                                                       (Updated June 2010)
*This compilation contains legislation, session laws, and codified statues. All statutes, laws, and bills listed
in this compilation have been signed by the pertinent governor and enacted into law. This report was
complied using State Net, and Lexis Search Services. This compilation is up-to-date as of the month it was
created. However, please note we recommend checking both case law and current legislation for any
possible modifications to the statutes listed below.

*Note: Text in green refers to recent legislative amendments and repeals that correspond to the subsequent
statutory offense enumerated, but that have not yet become part of the animal abuse statute.

                                                        TABLE OF CONTENTS

ALABAMA ...................................................................................................................................................11
  ALA. CODE § 13A-11-14 (2010). CRUELTY TO ANIMALS. ........................................................................11
  ALA. CODE § 13A-11-240 (2010). DEFINITIONS. [CRUELTY TO DOG OR CAT] .........................................12
  ALA. CODE § 3-1-10 (2010). WANTON OR MALICIOUS INJURY, ETC., TO ANIMALS OR OTHER PROPERTY. 12
  ALA. CODE § 3-1-11 (2010). WANTON OR MALICIOUS INJURY, ETC.; DEFENSES.......................................12
  ALA. CODE § 3-1-13 (2010). NEGLECTED OR ABUSED ANIMALS; CARE AND KEEPING. .............................12
  ALA. CODE § 3-1-29 (2010). DOG FIGHTING. ...........................................................................................13
ALASKA .......................................................................................................................................................14
  ALASKA STAT. § 11.61.140 (2010). CRUELTY TO ANIMALS .....................................................................14
  ALASKA STAT. § 11.61.145 (2010). PROMOTING AN EXHIBITION OF FIGHTING ANIMALS ..........................15
  ALASKA STAT. § 03.55.110 (2010). INVESTIGATION OF CRUELTY TO ANIMALS COMPLAINTS ..................16
  ALASKA STAT. § 03.55.100 (2010). MINIMUM STANDARDS OF CARE FOR ANIMALS .................................17
ARIZONA .....................................................................................................................................................17
  ARIZ. REV. STAT. § 13-2910 (2010). CRUELTY TO ANIMALS; INTERFERENCE WITH WORKING OR SERVICE
  ANIMAL; CLASSIFICATION; DEFINITIONS ....................................................................................................17
  ARIZ. REV. STAT. § 13-2910.01 (2010). ANIMAL FIGHTING; CLASSIFICATION ..........................................20
  ARIZ. REV. STAT. § 13-2910.02 (2010). PRESENCE AT ANIMAL FIGHT; CLASSIFICATION...........................20
  ARIZ. REV. STAT. § 13-2910.03 (2010). COCKFIGHTING; CLASSIFICATION ...............................................20
  ARIZ. REV. STAT. § 13-2910.05 (2010). EXEMPT ACTIVITIES ....................................................................21
  ARIZ. REV. STAT. § 13-2910.06 (2010). DEFENSE TO CRUELTY TO ANIMALS AND BIRD FIGHTING ............21
  ARIZ. REV. STAT. § 13-2910.09 (2010). EQUINE TRIPPING; CLASSIFICATION; DEFINITIONS ......................21
  ARIZ. REV. STAT. § 11-1029 (2010). HEARING ON DISPOSITION OF ABUSED AND VICIOUS ANIMALS;
  FORFEITURE; EXCEPTION ...........................................................................................................................22
  ARIZ. REV. STAT. § 13-1411 (2010). BESTIALITY; CLASSIFICATION; DEFINITION ......................................22
ARKANSAS .................................................................................................................................................23
  ARK. CODE ANN. § 5-62-102 (2010). DEFINITIONS. [OFFENSES AGAINST PUBLIC HEALTH, SAFETY OR
  WELFARE. ANIMALS]. ................................................................................................................................23
  ARK. CODE ANN. § 5-62-103 (2010). OFFENSE OF CRUELTY TO ANIMALS. ..............................................26
  ARIZ. REV. STAT. 5-62-104 (2010). OFFENSE OF AGGRAVATED CRUELTY TO A DOG, CAT, OR HORSE. .....28
  ARK. CODE ANN. § 5-62-105 (2010). EXEMPTIONS..................................................................................29
  ARK. CODE ANN. § 5-62-107 (2010). IMMUNITY FOR REPORTING CRUELTY TO ANIMALS OR AGGRAVATED
  CRUELTY TO A DOG, CAT, OR HORSE. .........................................................................................................31
  ARK. CODE ANN. § 5-62-109 (2010). IMMUNITY -- VETERINARIANS. ......................................................31
  ARK. CODE ANN. § 5-62-111 (2010). PREVENTION OF CRUELTY. .............................................................31
  ARK. CODE ANN. § 5-62-120 (2010). UNLAWFUL ANIMAL FIGHTING. .....................................................31
  ARK. CODE ANN. § 5-62-125 (2010). UNLAWFUL DOG ATTACK. .............................................................32
  ARK. CODE ANN. § 5-62-124 (2010). UNLAWFUL BEAR EXPLOITATION...................................................33
  ARK. CODE ANN. § 5-62-126 (2010). ACTS OF GOD -- EMERGENCY CONDITIONS. ...................................33
  ARK. CODE ANN. § 5-14-122 (2010). BESTIALITY. ..................................................................................34
                                  National Center for Prosecution of Child Abuse                                                                             1
                                        National District Attorney Association
CALIFORNIA ...............................................................................................................................................34
  CAL. PENAL CODE § 597 (2010). CRUELTY TO ANIMALS .........................................................................34
  CAL. PENAL CODE § 597.5 (2010). FIGHTING DOGS .................................................................................36
  CAL. PENAL CODE § 597A (2009). INHUMAN MANNER OF TRANSPORTING ANIMAL .................................37
  CAL. PENAL CODE § 597B (2009). FIGHTING, WORRYING OR INJURING OF ANIMALS; PUNISHMENT FOR
  SECOND CONVICTION; MEANING OF AIDING AND ABETTING ......................................................................37
  CAL. PENAL CODE § 597C (2009). KNOWING PRESENCE AS A SPECTATOR ...............................................38
  CAL. PENAL CODE § 597H (2009). ATTACHING LIVE ANIMAL TO MOVING MACHINE TO BE PURSUED BY
  DOGS .........................................................................................................................................................38
  CAL. PENAL CODE § 597I (2009). PROHIBITION REGARDING FIGHTING BIRD GAFFS OR SLASHERS ..........38
  CAL. PENAL CODE § 597J (2009). OWNERSHIP, POSSESSION OR TRAINING OF FIGHTING BIRD OR ANIMAL;
  APPLICABILITY; PUNISHMENT FOR SECOND CONVICTION ..........................................................................38
  CAL. PENAL CODE § 597S (2009). ABANDONMENT OF ANIMAL ...............................................................39
  CAL. PENAL CODE § 596 (2009). WILFUL POISONING OF ANIMALS ..........................................................39
  CAL. PENAL CODE § 286.5 (2009). SEXUAL ASSAULT ON ANIMAL ...........................................................39
COLORADO .................................................................................................................................................40
  COLO. REV. STAT. § 18-9-201 (2009). DEFINITIONS .................................................................................40
  COLO. REV. STAT. § 18-9-202 (2009). CRUELTY TO ANIMALS - AGGRAVATED CRUELTY TO ANIMALS -
  NEGLECT OF ANIMALS – OFFENSES ............................................................................................................40
  COLO. REV. STAT. § 18-9-204 (2009). ANIMAL FIGHTING - PENALTY .......................................................43
  COLO. REV. STAT. § 18-9-204.5 (2009). UNLAWFUL OWNERSHIP OF DANGEROUS DOG ............................44
  COLO. REV. STAT. § 18-9-209 (2009). IMMUNITY FOR REPORTING ANIMAL CRUELTY - FALSE REPORT -
  PENALTY....................................................................................................................................................49
CONNECTICUT ...........................................................................................................................................49
  CONN. GEN. STAT. § SEC. 53-247 (2010). CRUELTY TO ANIMALS. ANIMALS ENGAGED IN EXHIBITION OF
  FIGHTING. INTENTIONAL INJURY OR KILLING OF POLICE ANIMALS OR DOGS IN VOLUNTEER CANINE SEARCH
  AND RESCUE TEAMS. ..................................................................................................................................49
DELAWARE.................................................................................................................................................50
  DEL. CODE ANN. TIT. 11, § 1325 (2010). CRUELTY TO ANIMALS; CLASS A MISDEMEANOR; CLASS F
  FELONY......................................................................................................................................................50
  DEL. CODE ANN. TIT. 11, § 1326 (2010). ANIMALS; FIGHTING AND BAITING PROHIBITED; CLASS E FELONY
  ..................................................................................................................................................................53
  DEL. CODE ANN. TIT. 11, § 1327 (2010). MAINTAINING A DANGEROUS ANIMAL; CLASS E FELONY; CLASS F
  FELONY; CLASS A MISDEMEANOR ..............................................................................................................53
  DEL. CODE ANN. TIT. 11, § 777 (2010). BESTIALITY .................................................................................55
DISTRICT OF COLUMBIA .........................................................................................................................55
  D.C. CODE ANN. § 22-1001 (2010). DEFINITIONS AND PENALTIES [CRUELTY TO ANIMALS] [FORMERLY §
  22-801] .....................................................................................................................................................55
  D.C. CODE ANN. § 22-1002 (2010). OTHER CRUELTIES TO ANIMALS [FORMERLY § 22-802] ....................57
  D.C. CODE ANN. § 22-1002.01 (2010). REPORTING REQUIREMENTS .........................................................57
  D.C. CODE ANN. § 22-1011 (2010). NEGLECT OF SICK OR DISABLED ANIMALS [FORMERLY § 22-811] ....58
  D.C. CODE ANN. § 22-1015 (2010). PENALTY FOR ENGAGING IN ANIMAL FIGHTING [FORMERLY § 22-
  810.1] ........................................................................................................................................................58
FLORIDA......................................................................................................................................................59
  FLA. STAT. ANN. § 828.02 (2010). DEFINITIONS [ANIMALS: CRUELTY; SALES; ANIMAL ENTERPRISE
  PROTECTION].............................................................................................................................................59
  FLA. STAT. ANN. § 828.08 (2010). PENALTY FOR EXPOSING POISON .........................................................59
  FLA. STAT. ANN. § 828.12 (2010). CRUELTY TO ANIMALS ........................................................................59
  FLA. STAT. ANN. § 828.121 (2010). CONDUCT OF SIMULATED BULLFIGHTING EXHIBITIONS .....................60
  FLA. STAT. ANN. § 828.122 (2010). FIGHTING OR BAITING ANIMALS; OFFENSES; PENALTIES ....................60
  FLA. STAT. ANN. § 828.13 (2010). CONFINEMENT OF ANIMALS WITHOUT SUFFICIENT FOOD, WATER, OR
  EXERCISE; ABANDONMENT OF ANIMALS ....................................................................................................62
GEORGRIA ..................................................................................................................................................63
  GA. CODE ANN. § 16-12-4 (2010). CRUELTY TO ANIMALS ........................................................................63
  GA. CODE ANN. § 4-8-5 (2010). CRUELTY TO DOGS; AUTHORIZED KILLING OF DOGS ...............................65

                                   National Center for Prosecution of Child Abuse                                                                                  2
                                         National District Attorney Association
  GA. CODE ANN. § 4-11-15.1 (2010). ABANDONMENT OF DOMESTICATED ANIMAL ...................................65
  GA. CODE ANN. § 16-6-6 (2010). BESTIALITY...........................................................................................65
  HAWAII ...................................................................................................................................................65
  HAW. REV. STAT. ANN. § 711-1108.5 (2010). CRUELTY TO ANIMALS IN THE FIRST DEGREE.....................65
  HAW. REV. STAT. ANN. § 711-1109 (2010). CRUELTY TO ANIMALS IN THE SECOND DEGREE....................66
  HAW. REV. STAT. ANN. § 711-1109.3 (2010). CRUELTY TO ANIMALS; FIGHTING DOGS. ..........................67
  HAW. REV. STAT. ANN. § 711-1109.6 (2010). ANIMAL HOARDING. [REPEALED EFFECTIVE JULY 1, 2015.]
   ..................................................................................................................................................................68
IDAHO ..........................................................................................................................................................68
  IDAHO CODE ANN. § 25-3502 (2010). DEFINITIONS [CRUELTY TO ANIMALS]...........................................68
  IDAHO CODE ANN. § 25-3504 (2010). COMMITTING CRUELTY TO ANIMALS..............................................70
  IDAHO CODE ANN. § 25-3506 (2010). EXHIBITION OF COCKFIGHTS ..........................................................70
  IDAHO CODE ANN. § 25-3507 (2010). EXHIBITION OF DOGFIGHTS ............................................................70
  IDAHO CODE ANN. § 25-3518 (2010). BEATING AND HARASSING ANIMALS ..............................................71
  IDAHO CODE ANN. § 18-6605 (2010). CRIME AGAINST NATURE -- PUNISHMENT ......................................71
  IDAHO CODE ANN. § 18-6606 (2010). CRIME AGAINST NATURE -- PENETRATION .....................................71
ILLINOIS ......................................................................................................................................................71
  510 ILL. COMP. STAT. ANN. § 70/3.01 (2010). CRUEL TREATMENT .........................................................71
  510 ILL. COMP. STAT. ANN. § 70/3.02 (2010). AGGRAVATED CRUELTY ..................................................71
  510 ILL. COMP. STAT. ANN. § 70/3.03 (2010). ANIMAL TORTURE ...........................................................72
  510 ILL. COMP. STAT. ANN. § 70/3.03-1 (2010). DEPICTION OF ANIMAL CRUELTY .................................73
  510 ILL. COMP. STAT. ANN. § 70/16.1 (2010). DEFENSES .......................................................................73
  510 ILL. COMP. STAT. ANN. § 70/6 (2010). POISONING PROHIBITED .......................................................73
  510 ILL. COMP. STAT. ANN. § 70/17 (2010). PENALTIES .........................................................................74
  510 ILL. COMP. STAT. ANN. § ...................................................................................................................74
INDIANA ......................................................................................................................................................75
  IND. CODE ANN. § 35-46-3-0.5 (2010). DEFINITIONS [OFFENSES RELATING TO ANIMALS]. .....................75
  IND. CODE ANN. § 35-46-3-7 (2010). ABANDONMENT OR NEGLECT OF VERTEBRATE ANIMAL -- DEFENSE.
   ..................................................................................................................................................................78
  IND. CODE ANN. § 35-46-3-9 (2010). ANIMAL FIGHTING CONTESTS PROHIBITED. ....................................78
  IND. CODE ANN. § 35-46-3-10 (2010). ATTENDING ANIMAL FIGHTING CONTEST PROHIBITED. .................78
  IND. CODE ANN. § 35-46-3-12 (2010). CRUELTY TO AN ANIMAL -- INTENTIONALLY BEATING AN ANIMAL.
   ..................................................................................................................................................................78
  IND. CODE ANN. § 35-46-3-12.5 (2010). DOMESTIC VIOLENCE ANIMAL CRUELTY -- PENALTY. ...............80
  IND. CODE ANN. § 35-46-3-13 (2010). CRUELTY TO AN ANIMAL -- REMOVAL OF TRAINED ATTACK DOG'S
  VOCAL CHORDS. ........................................................................................................................................80
  IND. CODE ANN. § 35-46-3-14 (2010). BESTIALITY -- PENALTY. .............................................................80
  IND. CODE ANN. § 35-46-3-15 (2010). APPLICABILITY OF SECTION -- EXEMPTIONS -- DESTRUCTION OF
  ANIMAL -- PENALTY. .................................................................................................................................80
IOWA ............................................................................................................................................................81
  IOWA CODE § 717B.1 (2010). DEFINITIONS. [INJURY TO ANIMALS OTHER THAN LIVESTOCK] ...................81
  IOWA CODE § 717B.2 (2010). ANIMAL ABUSE. .........................................................................................82
  IOWA CODE § 717B.3 (2010). ANIMAL NEGLECT. .....................................................................................83
  IOWA CODE § 717B.3A (2010). ANIMAL TORTURE. ..................................................................................83
  IOWA CODE § 717B.8 (2010). ABANDONMENT OF CATS AND DOGS -- PENALTIES. ...................................85
  IOWA CODE § 717C.1 (2010). BESTIALITY. ...............................................................................................85
KANSAS .......................................................................................................................................................85
  KAN. STAT. ANN. § 21-4310 (2009). CRUELTY TO ANIMALS. ...................................................................85
  KAN. STAT. ANN. § 21-4315 (2009). UNLAWFUL CONDUCT OF DOG FIGHTING; UNLAWFUL ATTENDANCE
  OF DOG FIGHTING; UNLAWFUL POSSESSION OF DOG FIGHTING PARAPHERNALIA. .......................................87
  KAN. STAT. ANN. § 21-4317 (2009). ILLEGAL OWNERSHIP OR KEEPING OF AN ANIMAL. ..........................88
  KAN. STAT. ANN. § 21-4319 (2009). UNLAWFUL CONDUCT OF COCKFIGHTING; UNLAWFUL POSSESSION OF
  COCKFIGHTING PARAPHERNALIA; UNLAWFUL ATTENDANCE OF COCKFIGHTING. .......................................88
KENTUCKY .................................................................................................................................................89
  KY. REV. STAT. ANN. § 525.125 (2010). CRUELTY TO ANIMALS IN THE FIRST DEGREE. ...........................89

                                   National Center for Prosecution of Child Abuse                                                                                   3
                                         National District Attorney Association
  KY. REV. STAT. ANN. § 525.130 (2010). CRUELTY TO ANIMALS IN THE SECOND DEGREE -- EXEMPTIONS.
  ..................................................................................................................................................................90
  KY. REV. STAT. ANN. § 525.135 (2010). TORTURE OF DOG OR CAT. ........................................................91
LOUISIANA .................................................................................................................................................92
  LA. REV. STAT. ANN. § 14:102 (2010). DEFINITIONS; CRUELTY TO ANIMALS ...........................................92
  LA. REV. STAT. ANN. § 14:102.1 (2010). CRUELTY TO ANIMALS; SIMPLE AND AGGRAVATED ..................93
  LA. REV. STAT. ANN. § 14:102.5 (2010). DOGFIGHTING; TRAINING AND POSSESSION OF DOGS FOR
  FIGHTING ...................................................................................................................................................95
  LA. REV. STAT. ANN. § 14:102.10 (2010). BEAR WRESTLING; PENALTY ...................................................97
  LA. REV. STAT. ANN. § 14:102.13 (2010). HEARING TO DETERMINE IF DOG IS DANGEROUS OR VICIOUS ..97
  LA. REV. STAT. ANN. § 14:102.14 (2010). UNLAWFUL OWNERSHIP OF DANGEROUS DOG .........................99
  LA. REV. STAT. ANN. § 14:102.15 (2010). UNLAWFUL OWNERSHIP OF A VICIOUS DOG...........................100
  LA. REV. STAT. ANN. § 14:102.19 (2010). HOG AND CANINE FIGHTING PROHIBITED; PENALTIES ...........100
  LA. REV. STAT. ANN. § 14:102.23 (2010). COCKFIGHTING .....................................................................101
MAINE ........................................................................................................................................................102
  ME. REV. STAT. ANN. TIT. 17, § 1011 (2009). DEFINITIONS [ANIMAL WELFARE]...................................102
  ME. REV. STAT. ANN. TIT. 17, § 1031 (2009). CRUELTY TO ANIMALS ....................................................105
  ME. REV. STAT. ANN. TIT. 17, § 1032 (2009). CRUELTY TO BIRDS .........................................................111
  ME. REV. STAT. ANN. TIT. 17, § 1033 (2009). ANIMAL FIGHTING ..........................................................113
  ME. REV. STAT. ANN. TIT. 17, § 1035 (2009). NECESSARY SUSTENANCE ...............................................113
  ME. REV. STAT. ANN. TIT. 17, § 1036 (2009). NECESSARY MEDICAL ATTENTION ..................................114
  ME. REV. STAT. ANN. TIT. 17, § 1037 (2009). PROPER SHELTER; PROTECTION FROM THE WEATHER AND
  HUMANELY CLEAN CONDITIONS ..............................................................................................................114
  ME. REV. STAT. ANN. TIT. 17, § 1037-A (2009). AFFIRMATIVE DEFENSE...............................................116
  ME. REV. STAT. ANN. TIT. 17, § 1038 (2009). ANIMALS ABANDONED AT ANIMAL CARE FACILITIES ......117
MARYLAND ..............................................................................................................................................117
  MD. CODE ANN., CRIM. LAW § 10-601 (2010). DEFINITIONS [CRIMES RELATING TO ANIMALS] .............117
  MD. CODE ANN., CRIM. LAW § 10-602 (2010). LEGISLATIVE INTENT .....................................................118
  MD. CODE ANN., CRIM. LAW § 10-603 (2010). APPLICATION OF §§ 10-601 THROUGH 10-608 ...............119
  MD. CODE ANN., CRIM. LAW § 10-604 (2010). ABUSE OR NEGLECT OF ANIMAL ....................................119
  MD. CODE ANN., CRIM. LAW § 10-605 (2010). ATTENDING DOGFIGHTS OR COCKFIGHTS.......................120
  MD. CODE ANN., CRIM. LAW § 10-606 (2010). AGGRAVATED CRUELTY TO ANIMALS -- IN GENERAL ....120
  MD. CODE ANN., CRIM. LAW § 10-607 (2010). AGGRAVATED CRUELTY TO ANIMALS -- CERTAIN
  ACTIVITIES RELATED TO DOGFIGHTS PROHIBITED ....................................................................................120
  MD. CODE ANN., CRIM. LAW § 10-608 (2010). AGGRAVATED CRUELTY TO ANIMALS -- CERTAIN
  ACTIVITIES RELATED TO COCKFIGHTS PROHIBITED ..................................................................................121
  MD. CODE ANN., CRIM. LAW § 10-623 (2010). LEAVING DOGS OUTSIDE AND UNATTENDED BY USE OF
  RESTRAINTS .............................................................................................................................................122
MASSACHUSETTS ...................................................................................................................................123
  MASS. ANN. LAWS CH. 272, § 77 (2010). CRUELTY TO ANIMALS. .........................................................123
  MASS. ANN. LAWS CH. 272, § 801/2 (2010). DEVOCALIZATION OF DOGS AND CATS. [EFFECTIVE JULY 20,
  2010.] ......................................................................................................................................................123
  MASS. ANN. LAWS CH. 272, § 77B (2010). EXHIBITION OF WILD ANIMALS. .........................................125
  MASS. ANN. LAWS CH. 272, § 80A (2010). MUTILATION OF DOGS. .......................................................125
  MASS. ANN. LAWS CH. 272, § 80B (2010). EXHIBITION OF MUTILATED DOGS PROHIBITED. .................125
  MASS. ANN. LAWS CH. 272, § 94 (2010). PENALTY ON OWNER, ETC. ....................................................125
  MASS. ANN. LAWS CH. 272, § 95 (2010). PENALTY FOR BEING PRESENT AT EXHIBITION, ETC. .............126
MICHIGAN.................................................................................................................................................126
  MICH. COMP. LAWS SERV. § 750.49 (2010). ANIMAL; DEFINITION; FIGHTING, BAITING, OR SHOOTING;
  PROHIBITED CONDUCT; VIOLATION AS FELONY; COSTS; DOG TRAINED OR USED FOR FIGHTING OR
  OFFSPRING OF DOG TRAINED OR USED FOR FIGHTING; PROHIBITED CONDUCT; EXCEPTIONS; CONFISCATION
  OF DOG; AWARD OF DOG TO ANIMAL WELFARE AGENCY; EUTHANASIA; EXPENSES; FORFEITURE OF
  ANIMALS, EQUIPMENT, DEVICES, AND MONEY; DISPOSITION OF MONEY SEIZED; ADDITIONAL EXCEPTIONS.
  ................................................................................................................................................................126


                                   National Center for Prosecution of Child Abuse                                                                                  4
                                         National District Attorney Association
  MICH. COMP. LAWS SERV. § 750.50 (2010). DEFINITIONS; CHARGE OR CUSTODY OF ANIMAL;
  PROHIBITED CONDUCT; FORFEITURE OF ANIMAL; VIOLATION AS MISDEMEANOR OR FELONY; PENALTY;
  PSYCHIATRIC OR PSYCHOLOGICAL COUNSELING; OTHER VIOLATION OF LAW ARISING OUT OF SAME
  TRANSACTION; CONSECUTIVE TERMS; ORDER TO PAY COSTS; ORDER PROHIBITING OWNING OR POSSESSING
  ANIMAL FOR CERTAIN PERIOD OF TIME; VIOLATION OF SUBSECTION (9); REVOCATION OF PROBATION;
  CERTAIN CONDUCT NOT PROHIBITED BY SECTION. ...................................................................................129
  MICH. COMP. LAWS SERV. § 750.50B (2010). ANIMAL DEFINED; PROHIBITED ACTS; VIOLATION; PENALTY;
  EXCEPTIONS. ............................................................................................................................................133
  MICH. COMP. LAWS SERV. § 750.158 (2010). CRIME AGAINST NATURE OR SODOMY; PENALTY. ............135
  MICH. COMP. LAWS SERV. § 750.159 (2010). EMISSION NEED NOT BE PROVED. .....................................135
MINNESOTA .............................................................................................................................................135
  MINN. STAT. § 343.20 (2009). DEFINITIONS [CRUELTY TO ANIMALS].................................................135
  MINN. STAT. § 343.21 (2009). OVERWORKING OR MISTREATING ANIMALS; PENALTY .........136
  MINN. STAT. § 343.27 (2009). POISONING ANIMALS ........................................................................141
  MINN. STAT. § 343.31 (2009). ANIMAL FIGHTS AND POSSESSION OF FIGHTING ANIMALS ....141
  MINN. STAT. § 343.30 (2009). INJURY TO BIRDS ...............................................................................145
  MINN. STAT. § 343.36 (2009). GREASED PIG CONTESTS AND TURKEY SCRAMBLES ...............145
MISSISSIPPI ...............................................................................................................................................145
  MISS. CODE ANN. § 97-41-1 (2010). LIVING CREATURES NOT TO BE CRUELLY TREATED ........................145
  MISS. CODE ANN. § 97-41-5 (2010). CARRYING CREATURE IN A CRUEL MANNER ...................................145
  MISS. CODE ANN. § 97-41-7 (2010). CONFINING CREATURES WITHOUT FOOD OR WATER .......................146
  MISS. CODE ANN. § 97-41-9 (2010). FAILURE OF OWNER OR CUSTODIAN TO PROVIDE SUSTENANCE ......146
  MISS. CODE ANN. § 97-41-11 (2010). FIGHTING ANIMALS OR COCKS .....................................................146
  MISS. CODE ANN. § 97-41-13 (2010). PENALTY FOR VIOLATING CERTAIN SECTIONS ..............................146
  MISS. CODE ANN. § 97-41-16 (2010). MALICIOUS OR MISCHIEVOUS INJURY TO DOG OR CAT; PENALTY;
  RESTITUTION ...........................................................................................................................................146
  MISS. CODE ANN. § 97-41-17 (2010). POISONS; ADMINISTERING TO ANIMALS .......................................147
  MISS. CODE ANN. § 97-41-18 (2010). PROHIBITION AGAINST INTENTIONALLY CONDUCTING FIGHT
  BETWEEN CANINE AND HOG; EXCEPTIONS; PENALTIES. [REPEALED EFFECTIVE JULY 1, 2012].................147
  MISS. CODE ANN. § 97-41-19 (2010). DOG FIGHTS .................................................................................147
  MISS. CODE ANN. § 97-29-59 (2010). UNNATURAL INTERCOURSE .........................................................149
MISSOURI ..................................................................................................................................................149
  MO. REV. STAT. § 578.009 (2010). ANIMAL NEGLECT AND ABANDONMENT--PENALTIES .......................149
  MO. REV. STAT. § 578.014 (2010). RESPONSIBILITY OF PARENT OR GUARDIAN OF MINOR OWNING ........150
  MO. REV. STAT. § 578.021 (2010). NEGLECTED OR ABUSED ANIMAL NOT TO BE RETURNED TO OWNER OR
  CUSTODIAN, WHEN ..................................................................................................................................150
  MO. REV. STAT. § 578.025 (2010). DOGS, FIGHTING, TRAINING TO FIGHT OR INJURING FOR AMUSEMENT
  OR GAIN, PENALTY--SPECTATOR, PENALTY..............................................................................................150
  MO. REV. STAT. § 578.050 (2010). BULLBAITING AND COCKFIGHTING -- PENALTY ................................151
  MO. REV. STAT. § 578.173 (2010). BAITING OR FIGHTING ANIMALS--PENALTY ......................................151
  MO. REV. STAT. § 578.176 (2010). BEAR WRESTLING--PENALTY............................................................152
  MO. REV. STAT. § 578.182 (2010). EXEMPTIONS ....................................................................................152
MONTANA.................................................................................................................................................153
  MONT. CODE ANN. § 45-8-211 (2010). CRUELTY TO ANIMALS -- EXCEPTIONS. ......................................153
  MONT. CODE ANN. § 45-8-210 (2010). CAUSING ANIMALS TO FIGHT -- OWNERS, TRAINERS, AND
  SPECTATORS -- PENALTIES -- EXCEPTION -- DEFINITION. ..........................................................................154
  MONT. CODE ANN. § 45-8-217 (2010). AGGRAVATED ANIMAL CRUELTY. ..............................................155
  MONT. CODE ANN. § 45-5-505 (2010). DEVIATE SEXUAL CONDUCT.......................................................155
NEBRASKA ...............................................................................................................................................156
  NEB. REV. STAT. ANN. § 28-1004 (2010). TERMS, DEFINED [OFFENSES AGAINST ANIMALS] ..................156
  NEB. REV. STAT. ANN. § 28-1005 (2010). DOGFIGHTING, COCKFIGHTING, BEARBAITING, OR PITTING AN
  ANIMAL AGAINST ANOTHER; PROHIBITED ACTS; PENALTY .......................................................................156
  NEB. REV. STAT. ANN. § 28-1007 (2010). SECTIONS, HOW CONSTRUED .................................................157
  NEB. REV. STAT. ANN. § 28-1008 (2010). TERMS, DEFINED [1008-1017; 1019, 1020]............................157


                                 National Center for Prosecution of Child Abuse                                                                            5
                                       National District Attorney Association
  NEB. REV. STAT. ANN. § 28-1009 (2010). ABANDONMENT; CRUEL NEGLECT; HARASSMENT OF A POLICE
  ANIMAL; PENALTY. ..................................................................................................................................160
  NEB. REV. STAT. ANN. § 28-1010 (2010). INDECENCY WITH AN ANIMAL; PENALTY. ..............................160
  NEB. REV. STAT. ANN. § 28-1013 (2010). SECTIONS; EXEMPTIONS.........................................................160
  NEB. REV. STAT. ANN. § 28-1015 (2010). OWNERSHIP BY CHILD; APPLICABILITY OF PENALTIES. ..........162
  NEB. REV. STAT. ANN. § 28-1017 (2010). ANIMAL ABANDONMENT, CRUEL NEGLECT, OR CRUEL
  MISTREATMENT; REPORT REQUIRED BY CERTAIN EMPLOYEES; VIOLATION; PENALTY. ............................162
  NEB. REV. STAT. ANN. § 28-1019 (2010). CONVICTION; ORDER PROHIBITING OWNERSHIP, POSSESSION, OR
  RESIDING WITH ANIMAL; DURATION; VIOLATION; PENALTY; SEIZURE OF ANIMAL. ..................................164
  NEB. REV. STAT. ANN. § 28-1020 (2010). ANIMAL ABANDONMENT, CRUEL NEGLECT, OR CRUEL
  MISTREATMENT; REPORT REQUIRED BY ANIMAL HEALTH CARE PROFESSIONAL; IMMUNITY FROM
  LIABILITY. ...............................................................................................................................................165
NEVADA ....................................................................................................................................................165
  NEV. REV. STAT. ANN. § 206.150 (2009). KILLING, MAIMING, DISFIGURING OR POISONING ANIMAL OF
  ANOTHER PERSON; KILLING ESTRAY OR LIVESTOCK. ...............................................................................165
  NEV. REV. STAT. ANN. § 574.050 (2009). DEFINITIONS [CRUELTY TO ANIMALS. PREVENTION AND
  PENALTIES]. ............................................................................................................................................166
  NEV. REV. STAT. ANN. § 574.070 (2009). INSTIGATING OR WITNESSING FIGHTS BETWEEN BIRDS OR
  OTHER ANIMALS UNLAWFUL; PENALTIES; EXCEPTIONS. ..........................................................................167
  NEV. REV. STAT. ANN. § 574.100 (2009). OVERDRIVING, TORTURING, INJURING OR ABANDONING
  ANIMALS; FAILURE TO PROVIDE PROPER SUSTENANCE; PENALTIES; EXCEPTIONS. ...................................170
  NEV. REV. STAT. ANN. § 574.110 (2009). ABANDONMENT OF DISABLED ANIMAL UNLAWFUL; PENALTY.
   ................................................................................................................................................................174
  NEV. REV. STAT. ANN. § 574.120 (2009). FAILURE TO PROVIDE PROPER AIR, FOOD, SHELTER OR WATER
  TO IMPOUNDED ANIMAL UNLAWFUL; PENALTIES. ....................................................................................175
  NEV. REV. STAT. ANN. § 574.150 (2009). POISONING OR ATTEMPTING TO POISON ANIMALS UNLAWFUL;
  PENALTIES. ..............................................................................................................................................176
  NEV. REV. STAT. ANN. § 574.190 (2009). CARRYING ANIMAL IN CRUEL MANNER; PENALTY. ...............176
  NEV. REV. STAT. ANN. § 574.195 (2009). ALLOWING CAT OR DOG TO REMAIN UNATTENDED IN MOTOR
  VEHICLE DURING PERIOD OF EXTREME HEAT OR COLD UNLAWFUL; REMOVAL OF ANIMAL; EXCEPTIONS;
  IMMUNITY FROM LIABILITY; PENALTY. ....................................................................................................176
  NEV. REV. STAT. ANN. § 574.200 (2009). INTENDED APPLICABILITY OF PROVISIONS. ...........................178
NEW HAMPSHIRE ....................................................................................................................................178
  N.H. REV. STAT. ANN. § 644:8 (2010). CRUELTY TO ANIMALS. .............................................................178
  N.H. REV. STAT. ANN. § 644:8-A (2010). EXHIBITIONS OF FIGHTING ANIMALS. ....................................181
  N.H. REV. STAT. ANN. § 644:8-AA (2010). ANIMALS IN MOTOR VEHICLE. ............................................182
  N.H. REV. STAT. ANN. § 644:8-F (2010). TRANSPORTING DOGS IN PICKUP TRUCKS. .............................182
NEW JERSEY .............................................................................................................................................183
  N.J. STAT. ANN. § 4:22-17 (2010). CRUELTY; DISORDERLY PERSONS OFFENSE; CERTAIN ACTS, CRIMES;
  DEGREES ..................................................................................................................................................183
  N.J. STAT. ANN. § 4:22-18 (2010). CARRYING ANIMAL IN CRUEL, INHUMANE MANNER; DISORDERLY
  PERSONS OFFENSE....................................................................................................................................184
  N.J. STAT. ANN. § 4:22-20 (2010). ABANDONING DISABLED ANIMAL TO DIE IN PUBLIC PLACE;
  DISORDERLY PERSONS OFFENSE ...............................................................................................................184
  N.J. STAT. ANN. § 4:22-24 (2010). ANIMAL FIGHTING CRIMES ...............................................................184
  N.J. STAT. ANN. § 4:22-16 (2010). PERMITTED ACTIVITIES .....................................................................185
NEW MEXICO ...........................................................................................................................................186
  N.M. STAT. ANN. § 30-18-1 (2010). CRUELTY TO ANIMALS; EXTREME CRUELTY TO ANIMALS; PENALTIES;
  EXCEPTIONS .............................................................................................................................................186
  N.M. STAT. ANN. § 30-18-9 (2010). DOG FIGHTING AND COCKFIGHTING; PENALTY ..............................187
  N.M. STAT. ANN. § 30-18-10 (2010). EXCLUSION .................................................................................188
  N.M. STAT. ANN. § 20-12-57 (2010). SODOMY......................................................................................188
NEW YORK ................................................................................................................................................188
  N.Y. AGRIC. & MKTS. LAW § 331 (2010). ABANDONMENT OF CERTAIN ANIMALS .................................188
  N.Y. AGRIC. & MKTS. LAW § 350 (2010). DEFINITIONS [ANIMALS] ......................................................189

                                   National Center for Prosecution of Child Abuse                                                                                  6
                                         National District Attorney Association
  N.Y. AGRIC. & MKTS. LAW § 351 (2010). PROHIBITION OF ANIMAL FIGHTING ......................................189
  N.Y. AGRIC. & MKTS. LAW § 353 (2010). OVERDRIVING, TORTURING AND INJURING ANIMALS; FAILURE
  TO PROVIDE PROPER SUSTENANCE ...........................................................................................................190
  N.Y. AGRIC. & MKTS. LAW § 353-A (2010). AGGRAVATED CRUELTY TO ANIMALS ...............................191
  N.Y. AGRIC. & MKTS. LAW § 353-B (2010). APPROPRIATE SHELTER FOR DOGS LEFT OUTDOORS ..........191
  N.Y. AGRIC. & MKTS. LAW § 353-D (2010). CONFINEMENT OF COMPANION ANIMALS IN VEHICLES:
  EXTREME TEMPERATURES .......................................................................................................................193
  N.Y. AGRIC. & MKTS. LAW § 355 (2010). ABANDONMENT OF ANIMALS ...............................................194
  N.Y. AGRIC. & MKTS. LAW § 359 (2010). CARRYING ANIMAL IN A CRUEL MANNER .............................194
  N.Y. AGRIC. & MKTS. LAW § 360 (2010). POISONING OR ATTEMPTING TO POISON ANIMALS ................194
NORTH CAROLINA ..................................................................................................................................195
  N.C. GEN. STAT. § 14-360 (2010). CRUELTY TO ANIMALS; CONSTRUCTION OF SECTION ........................195
  N.C. GEN. STAT. § 14-360.1 (2010). IMMUNITY FOR VETERINARIAN REPORTING ANIMAL CRUELTY .......196
  N.C. GEN. STAT. § 14-361 (2010). INSTIGATING OR PROMOTING CRUELTY TO ANIMALS ........................196
  N.C. GEN. STAT. § 14-361.1 (2010). ABANDONMENT OF ANIMALS .........................................................196
  N.C. GEN. STAT. § 14-362 (2010). COCKFIGHTING .................................................................................196
  N.C. GEN. STAT. § 14-362.1 (2010). ANIMAL FIGHTS AND BAITING, OTHER THAN COCK FIGHTS, DOG
  FIGHTS AND DOG BAITING ........................................................................................................................196
  N.C. GEN. STAT. § 14-362.2 (2010). DOG FIGHTING AND BAITING..........................................................197
  N.C. GEN. STAT. § 14-362.3 (2010). RESTRAINING DOGS IN A CRUEL MANNER ......................................197
  N.C. GEN. STAT. § 14-363 (2010). CONVEYING ANIMALS IN A CRUEL MANNER ......................................198
  N.C. GEN. STAT. § 14-177 (2010). CRIME AGAINST NATURE ..................................................................198
NORTH DAKOTA......................................................................................................................................198
  N.D. CENT. CODE § 36-21.1-01 (2010). DEFINITIONS [HUMANE TREATMENT OF ANIMALS]. .................198
  N.D. CENT. CODE § 36-21.1-02 (2010). OVERWORKING, MISTREATING, OR ABANDONING ANIMALS. ....199
  N.D. CENT. CODE § 36-21.1-03 (2010). CRUELTY IN TRANSPORTATION. ...............................................200
  N.D. CENT. CODE § 36-21.1-03.1 (2010). UNATTENDED DOG OR CAT IN MOTOR VEHICLE. ...................200
  N.D. CENT. CODE § 36-21.1-04 (2010). POISONING ANIMALS................................................................200
  N.D. CENT. CODE § 36-21.1-07 (2010). COCKFIGHTS, DOGFIGHTS, AND OTHER EXHIBITIONS PROHIBITED
  -- PENALTIES. ..........................................................................................................................................200
  N.D. CENT. CODE § 36-21.1-15 (2010). APPLICABILITY OF CHAPTER. ...................................................200
OHIO ...........................................................................................................................................................201
  OHIO REV. CODE ANN. § 959.01 (2010). ABANDONING ANIMALS ...........................................................201
  OHIO REV. CODE ANN. § 959.02 (2010). INJURING ANIMALS ..................................................................201
  OHIO REV. CODE ANN. § 959.03 (2010). POISONING ANIMALS ...............................................................201
  OHIO REV. CODE ANN. § 959.13 (2010). CRUELTY TO ANIMALS.............................................................201
  OHIO REV. CODE ANN. § 959.131 (2010). PROHIBITIONS CONCERNING COMPANION ANIMALS ...............202
  OHIO REV. CODE ANN. § 959.15 (2010). ANIMAL FIGHTS .......................................................................203
  OHIO REV. CODE ANN. § 959.16 (2010). DOGFIGHTING OFFENSES; INVESTIGATIONS; SEIZURE AND
  IMPOUNDMENT OF DOGS, CONFISCATION OF EQUIPMENT .........................................................................204
  OHIO REV. CODE ANN. § 959.20 (2010). USE OF CERTAIN DEVICES ON ANIMALS PROHIBITED................204
  OHIO REV. CODE ANN. § 959.99 (2010). PENALTIES ...............................................................................205
OKLAHOMA ..............................................................................................................................................206
  OKLA. STAT. ANN. TIT. 21, § 1685 (2010). CRUELTY TO ANIMALS .........................................................206
  OKLA. STAT. ANN. TIT. 21, § 1681 (2010). POISONING ANIMALS ...........................................................206
  OKLA. STAT. ANN. TIT. 21, § 1682 (2010). INSTIGATING FIGHTS BETWEEN ANIMALS ............................207
  OKLA. STAT. ANN. TIT. 21, § 1683 (2010). KEEPING PLACES FOR FIGHTING ANIMALS ...........................207
  OKLA. STAT. ANN. TIT. 21, § 1688 (2010). ANIMALS IN TRANSIT ...........................................................207
  OKLA. STAT. ANN. TIT. 21, § 1689 (2010). POISONOUS DRUGS, UNJUSTIFIABLE ADMINISTRATION OF ...207
  OKLA. STAT. ANN. TIT. 21, § 1691 (2010). ABANDONING OF DOMESTIC ANIMALS ALONG STREETS OR
  HIGHWAYS OR IN ANY PUBLIC PLACE PROHIBITED ...................................................................................207
  OKLA. STAT. ANN. TIT. 21, § 1692 (2010). PENALTY .............................................................................207
  OKLA. STAT. ANN. TIT. 21, § 1692.1 (2010). DEFINITIONS [COCKFIGHTING] ..........................................208
  OKLA. STAT. ANN. TIT. 21, § 1692.2 (2010). INSTIGATING OR ENCOURAGING COCKFIGHT ....................208


                                  National Center for Prosecution of Child Abuse                                                                                7
                                        National District Attorney Association
  OKLA. STAT. ANN. TIT. 21, § 1692.3 (2010). KEEPING PLACE, EQUIPMENT OR FACILITIES FOR
  COCKFIGHTING ........................................................................................................................................208
  OKLA. STAT. ANN. TIT. 21, § 1692.4 (2010). SERVICING OR FACILITATING COCKFIGHT .........................208
  OKLA. STAT. ANN. TIT. 21, § 1692.5 (2010). OWNING, POSSESSING, KEEPING OR TRAINING BIRD FOR
  FIGHTING .................................................................................................................................................208
  OKLA. STAT. ANN. TIT. 21, § 1692.6 (2010). SPECTATORS .....................................................................208
  OKLA. STAT. ANN. TIT. 21, § 1692.8 (2010). PUNISHMENT ....................................................................209
  OKLA. STAT. ANN. TIT. 21, § 1699.1 (2010). PUNISHMENT ....................................................................209
  OKLA. STAT. ANN. TIT. 21, § 1693 (2010). DEFINITIONS [DOGFIGHTING] ..............................................209
  OKLA. STAT. ANN. TIT. 21, § 1694 (2010). INSTIGATING OR ENCOURAGING DOGFIGHT--FELONY--
  PENALTY .................................................................................................................................................210
  OKLA. STAT. ANN. TIT. 21, § 1695 (2010). KEEPING PLACE, EQUIPMENT OR FACILITIES FOR
  DOGFIGHTING--FELONY--PENALTY .........................................................................................................210
  OKLA. STAT. ANN. TIT. 21, § 1696 (2010). SERVICING OR FACILITATING DOGFIGHT--FELONY--PENALTY
  ................................................................................................................................................................210
  OKLA. STAT. ANN. TIT. 21, § 1697 (2010). OWNING, POSSESSING, KEEPING OR TRAINING DOG FOR
  FIGHTING--FELONY--PENALTY ................................................................................................................210
  OKLA. STAT. ANN. TIT. 21, § 1698 (2010). SPECTATORS ........................................................................210
  OKLA. STAT. ANN. TIT. 21, § 1699.1 (2010). PUNISHMENT ....................................................................210
  OKLA. STAT. ANN. TIT. 21, § 1699.2 (2010). EXEMPTIONS.....................................................................211
  OKLA. STAT. ANN. TIT. 21, § 1700 (2010). BEAR WRESTLING--HORSE TRIPPING ...................................211
  OKLA. STAT. ANN. TIT. 21, § 886 (2010). CRIME AGAINST NATURE .......................................................212
  OKLA. STAT. ANN. TIT. 21, § 887 (2010). CRIME AGAINST NATURE, WHAT PENETRATION NECESSARY ..212
  OKLA. STAT. ANN. TIT. 21, § 1680.3 (2010). VETERINARIAN REQUIRED TO REPORT SUSPECTED ANIMAL
  ABUSE--IMMUNITY FROM CIVIL LIABILITY ...............................................................................................212
OREGON ....................................................................................................................................................213
  OR. REV. STAT. § 167.310 (2010). DEFINITIONS FOR ORS 167.310 TO 167.351 [OFFENSES AGAINST
  ANIMALS]. ...............................................................................................................................................213
  OR. REV. STAT. § 167.315 (2010). ANIMAL ABUSE IN THE SECOND DEGREE. ..........................................214
  OR. REV. STAT. § 167.320 (2010). ANIMAL ABUSE IN THE FIRST DEGREE. .............................................214
  OR. REV. STAT. § 167.322 (2010). AGGRAVATED ANIMAL ABUSE IN THE FIRST DEGREE. .......................215
  OR. REV. STAT. § 167.325 (2010). ANIMAL NEGLECT IN THE SECOND DEGREE. ......................................215
  OR. REV. STAT. § 167.330 (2010). ANIMAL NEGLECT IN THE FIRST DEGREE. .........................................216
  OR. REV. STAT. § 167.332 (2010). PROHIBITION AGAINST POSSESSION OF DOMESTIC ANIMAL. ..............216
  OR. REV. STAT. § 167.340 (2010). ANIMAL ABANDONMENT. ..................................................................216
  OR. REV. STAT. § 167.349 (2010). ENCOURAGING ANIMAL ABUSE. ........................................................216
  OR. REV. STAT. § 167.355 (2010). INVOLVEMENT IN ANIMAL FIGHTING. ...............................................217
  OR. REV. STAT. § 167.360 (2010). DEFINITIONS FOR ORS 167.360 TO 167.372. ....................................217
  OR. REV. STAT. § 167.360 (2010). DEFINITIONS FOR ORS 167.360 TO 167.372. ....................................219
  OR. REV. STAT. § 167.370 (2010). PARTICIPATION IN DOGFIGHTING......................................................220
  OR. REV. STAT. § 167.426 (2010). DEFINITIONS FOR ORS 167.426 TO 167.439. [OFFENSES INVOLVING
  FIGHTING BIRDS] ......................................................................................................................................220
  OR. REV. STAT. § 167.428 (2010). COCKFIGHTING. ................................................................................221
  OR. REV. STAT. § 167.431 (2010). PARTICIPATION IN COCKFIGHTING. ...................................................222
  OR. REV. STAT. § 167.333 (2010). SEXUAL ASSAULT OF ANIMAL. ..........................................................222
  OR. REV. STAT. § 167.334 (2010). EVALUATION OF PERSON CONVICTED OF VIOLATING ORS 167.333. .222
PENNSYLVANIA ......................................................................................................................................223
  18 PA. CONS. STAT. ANN. § 5511 (2010). CRUELTY TO ANIMALS ..........................................................223
RHODE ISLAND ........................................................................................................................................233
  R.I. GEN. LAWS § 4-1-1 (2010). DEFINITIONS -- RESPONSIBILITY FOR AGENTS AND EMPLOYEES............233
  R.I. GEN. LAWS § 4-1-2 (2010). OVERWORK, MISTREATMENT, OR FAILURE TO FEED ANIMALS -- SHELTER
  DEFINED ..................................................................................................................................................234
  R.I. GEN. LAWS § 4-1-3 (2010). UNNECESSARY CRUELTY ......................................................................234
  R.I. GEN. LAWS § 4-1-4 (2010). ABANDONMENT OF INFIRM ANIMALS ....................................................235
  R.I. GEN. LAWS § 4-1-5 (2010). MALICIOUS INJURY TO OR KILLING OF ANIMALS ...................................235

                                   National Center for Prosecution of Child Abuse                                                                                 8
                                         National District Attorney Association
  R.I. GEN. LAWS § 4-1-9 (2010). ANIMAL FIGHTING.................................................................................235
  R.I. GEN. LAWS § 4-1-10 (2010). POSSESSION OR TRAINING OF FIGHTING ANIMALS ...............................235
  R.I. GEN. LAWS § 4-1-11 (2010). ATTENDANCE AT BIRD OR ANIMAL FIGHT ...........................................235
  R.I. GEN. LAWS § 4-1-12 (2010). ENTRY OF PREMISES WHERE BIRD OR ANIMAL FIGHTS ARE CONDUCTED --
  ARREST -- SEIZURE OF BIRDS OR ANIMALS ..............................................................................................236
  R.I. GEN. LAWS § 4-1-26 (2010). ABANDONMENT OF ANIMALS ..............................................................236
  R.I. GEN. LAWS § 4-1-28 (2010). GREASY PIG CONTESTS PROHIBITED ....................................................236
  R.I. GEN. LAWS § 4-1-36 (2010). PSYCHIATRIC COUNSELING .................................................................236
  R.I. GEN. LAWS § 11-10-1 (2010). ABOMINABLE AND DETESTABLE CRIME AGAINST NATURE ................236
SOUTH CAROLINA ..................................................................................................................................236
  S.C. CODE ANN. § 47-1-10 (2009). DEFINITIONS. [CRUELTY TO ANIMALS] ............................................237
  S.C. CODE ANN. § 47-1-40 (2009). ILL-TREATMENT OF ANIMALS GENERALLY. ......................................237
  S.C. CODE ANN. § 47-1-50 (2009). CRUEL WORK; CARRIAGE IN VEHICLES; PENALTIES. .........................237
  S.C. CODE ANN. § 47-1-70 (2009). ABANDONMENT OF ANIMALS; PENALTIES; HUNTING DOG EXCEPTION.
  ................................................................................................................................................................238
  S.C. CODE ANN. § 47-1-75 (2009). IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY. ...........................238
  S.C. CODE ANN. § 16-27-20 (2009). DEFINITIONS [ANIMAL FIGHTING AND BAITING ACT] ....................239
  S.C. CODE ANN. § 16-27-30 (2009). ACTS OR OMISSIONS CONSTITUTING FELONIES; PENALTIES. ...........239
  S.C. CODE ANN. § 16-27-40 (2009). ACTS CONSTITUTING MISDEMEANORS UPON CONVICTION OF FIRST OR
  SECOND OFFENSE AND CONSTITUTING FELONIES UPON CONVICTION OF THIRD OR SUBSEQUENT OFFENSE;
  PENALTIES. ..............................................................................................................................................239
  S.C. CODE ANN. § 16-27-50 (2009). APPLICABILITY OF CRUELTY PROVISIONS; PRESUMPTION OF CRUELTY.
  ................................................................................................................................................................240
SOUTH DAKOTA ......................................................................................................................................240
  S.D. CODIFIED LAWS § 40-1-1 (2009). ....................................................................................................240
  S.D. CODIFIED LAWS § 40-1-2.3 (2009). .................................................................................................241
  S.D. CODIFIED LAWS § 40-1-2.4 (2009). .................................................................................................241
  S.D. CODIFIED LAWS § 40-1-2.5 (2009). .................................................................................................241
  S.D. CODIFIED LAWS § 40-1-9 (2009). ANIMAL FIGHTING -- PENALTY ..................................................241
  S.D. CODIFIED LAWS § 40-1-10 (2009). HAVING OR TRAINING ANIMAL FOR FIGHTING PROHIBITED ......241
  S.D. CODIFIED LAWS § 40-1-10.1 (2009). DOG FIGHTING -- PENALTY ...................................................241
  S.D. CODIFIED LAWS § 40-1-16 (2009). ..................................................................................................242
  S.D. CODIFIED LAWS § 40-1-17 (2009). ..................................................................................................242
  S.D. CODIFIED LAWS § 40-1-20 (2009). POISONING ANIMAL OF ANOTHER -- PENALTY -- EXCEPTIONS .242
  S.D. CODIFIED LAWS § 40-1-21 (2009). KILLING OR INJURING ANIMAL OF ANOTHER -- PENALTY --
  EXCEPTIONS ............................................................................................................................................242
  S.D. CODIFIED LAWS § 40-1-26 (2009). ..................................................................................................243
  S.D. CODIFIED LAWS § 40-1-27 (2009). INHUMANE TREATMENT -- PENALTY .......................................243
TENNESSEE...............................................................................................................................................243
  TENN. CODE ANN. § 39-14-201 (2010). DEFINITIONS FOR ANIMAL OFFENSES. ......................................243
  TENN. CODE ANN. § 39-14-202 (2010). CRUELTY TO ANIMALS. ............................................................243
  TENN. CODE ANN. § 39-14-203 (2010). COCK AND ANIMAL FIGHTING. .................................................245
  TENN. CODE ANN. § 39-14-205 (2010). INTENTIONAL KILLING OF ANIMAL. ..........................................245
  TENN. CODE ANN. § 39-14-212 (2010). AGGRAVATED CRUELTY TO ANIMALS -- DEFINITIONS --
  CONSTRUCTION -- PENALTY. ...................................................................................................................246
  TENN. CODE ANN. § 39-14-214 (2010). CRIMINAL OFFENSES AGAINST ANIMALS. .................................248
TEXAS ........................................................................................................................................................249
  TEX. PENAL CODE ANN. § 42.09 (2010). CRUELTY TO LIVESTOCK ANIMALS ........................................249
  TEX. PENAL CODE ANN. § 42.091 (2010). ATTACK ON ASSISTANCE ANIMAL .......................................251
  TEX. PENAL CODE ANN. § 42.092 (2010). CRUELTY TO NONLIVESTOCK ANIMALS ...............................252
  TEX. PENAL CODE ANN. § 42.10 (2010). DOG FIGHTING .......................................................................254
UTAH ..........................................................................................................................................................255
  UTAH CODE ANN. § 76-9-301 (2010). CRUELTY TO ANIMALS .................................................................255
  UTAH CODE ANN. § 76-9-301.1 (2010). DOG FIGHTING--TRAINING DOGS FOR FIGHTING--DOG FIGHTING
  EXHIBITIONS ............................................................................................................................................259

                                   National Center for Prosecution of Child Abuse                                                                                 9
                                         National District Attorney Association
  UTAH CODE ANN. § 76-9-301.5 (2010). SPECTATOR AT ORGANIZED ANIMAL FIGHTING EXHIBITIONS ....261
  UTAH CODE ANN. § 76-9-301.7 (2010). CRUELTY TO ANIMALS--ENHANCED PENALTIES .......................262
  UTAH CODE ANN. § 76-9-301.8 (2010). BESTIALITY--DEFINITIONS--PENALTY ......................................262
  UTAH CODE ANN. § 76-9-304 (2010). ALLOWING VICIOUS ANIMAL TO GO AT LARGE.............................263
VERMONT .................................................................................................................................................263
  VT. STAT. ANN. TIT. 13, § 351 (2010). DEFINITIONS [CRUELTY TO ANIMALS] ........................................263
  VT. STAT. ANN. TIT. 13, § 352 (2010). CRUELTY TO ANIMALS ................................................................264
  VT. STAT. ANN. TIT. 13, § 352A (2010). AGGRAVATED CRUELTY TO ANIMALS .......................................265
  VT. STAT. ANN. TIT. 13, § 352B (2010). RULES; AFFIRMATIVE DEFENSE .................................................266
  VT. STAT. ANN. TIT. 13, § 353 (2010). DEGREE OF OFFENSE; SENTENCING UPON CONVICTION ...............266
  VT. STAT. ANN. TIT. 13, § 362 (2010). EXPOSING POISON ON THE LAND .................................................268
  VT. STAT. ANN. TIT. 13, § 363 (2010). SHOOTING BIRDS FOR AMUSEMENT .............................................268
  VT. STAT. ANN. TIT. 13, § 364 (2010). ANIMAL FIGHTS...........................................................................268
  VT. STAT. ANN. TIT. 13, § 386 (2010). CONFINEMENT OF ANIMALS IN VEHICLES ....................................268
  VT. STAT. ANN. TIT. 13, § 351B (2010). SCOPE OF SUBCHAPTER .............................................................269
VIRGINIA ...................................................................................................................................................269
  VA. CODE ANN. § 3.2-6570 (2010). CRUELTY TO ANIMALS; PENALTY ....................................................269
  VA. CODE ANN. § 3.2-6570.1 (2010). SALE OF ANIMALS AFTER CRUELTY OR NEGLECT CONVICTION;
  PENALTY..................................................................................................................................................271
  VA. CODE ANN. § 3.2-6571 (2010). ANIMAL FIGHTING; PENALTY ..........................................................271
  VA. CODE ANN. § 3.2-6573 (2010). SHOOTING BIRDS FOR AMUSEMENT, AND RENTING PREMISES FOR SUCH
  PURPOSES; PENALTY ................................................................................................................................272
  VA. CODE ANN. § 3.2-6503 (2010). CARE OF COMPANION ANIMALS BY OWNER; PENALTY .....................273
  VA. CODE ANN. § 18.2-361 (2010). CRIMES AGAINST NATURE; PENALTY ...............................................275
WASHINGTON ..........................................................................................................................................275
  WASH. REV. CODE ANN. § 16.52.011 (2010). DEFINITIONS--PRINCIPLES OF LIABILITY ..........................275
  WASH. REV. CODE ANN. § 16.52.205 (2010). ANIMAL CRUELTY IN THE FIRST DEGREE ..........................276
  WASH. REV. CODE ANN. § 16.52.207 (2010). ANIMAL CRUELTY IN THE SECOND DEGREE ......................278
  WASH. REV. CODE ANN. § 16.52.300 (2010). DOGS OR CATS USED AS BAIT--SEIZURE--LIMITATION .....279
  WASH. REV. CODE ANN. § 16.52.080 (2010). TRANSPORTING OR CONFINING IN UNSAFE MANNER--
  PENALTY .................................................................................................................................................279
  WASH. REV. CODE ANN. § 16.52.117 (2010). ANIMAL FIGHTING--PROHIBITED BEHAVIOR--CLASS C
  FELONY--EXCEPTIONS .............................................................................................................................279
  WASH. REV. CODE ANN. § 16.52.165 (2010). PUNISHMENT--CONVICTION OF MISDEMEANOR ...............280
  WASH. REV. CODE ANN. § 16.52.180 (2010). LIMITATIONS ON APPLICATION OF CHAPTER ....................280
  WASH. REV. CODE ANN. § 16.52.185 (2010). EXCLUSIONS FROM CHAPTER ...........................................281
  WASH. REV. CODE ANN. § 16.52.190 (2010). POISONING ANIMALS--PENALTY ......................................281
  WASH. REV. CODE ANN. § 16.52.193 (2010). POISONING ANIMALS--STRYCHNINE SALES--RECORDS--
  REPORT ON SUSPECTED PURCHASES ........................................................................................................281
  WASH. REV. CODE ANN. § 9.08.070 (2010). PET ANIMALS--TAKING, CONCEALING, INJURING, KILLING,
  ETC.--PENALTY........................................................................................................................................282
WEST VIRGINIA .......................................................................................................................................282
  W. VA. CODE ANN. § 61-8-19 (2010). CRUELTY TO ANIMALS; PENALTIES; EXCLUSIONS ........................282
  W. VA. CODE ANN. § 61-8-19A (2010). ANIMAL FIGHTING VENTURES PROHIBITED................................284
  W. VA. CODE ANN. § 61-8-19B (2010). ATTENDANCE AT ANIMAL FIGHTING VENTURES PROHIBITED;
  PENALTY..................................................................................................................................................285
  W. VA. CODE ANN. § 61-8-20 (2010). KEEPING OR USING LIVE BIRDS TO BE SHOT AT; PENALTY............285
  W. VA. CODE ANN. § 49-5-13F (2010). ANIMAL CRUELTY EARLY INTERVENTION PROGRAM................285
WISCONSIN ...............................................................................................................................................286
  WIS. STAT. ANN. § 951.01 (2010). DEFINITIONS [CRIMES AGAINST ANIMALS] .......................................286
  WIS. STAT. ANN. § 951.02 (2010). MISTREATING ANIMALS ....................................................................286
  WIS. STAT. ANN. § 951.03 (2010). DOGNAPPING AND CATNAPPING ........................................................287
  WIS. STAT. ANN. § 951.04 (2010). LEADING ANIMAL FROM MOTOR VEHICLE .........................................287
  WIS. STAT. ANN. § 951.05 (2010). TRANSPORTATION OF ANIMALS ........................................................287
  WIS. STAT. ANN. § 951.06 (2010). USE OF POISONOUS AND CONTROLLED SUBSTANCES .........................287

                                  National Center for Prosecution of Child Abuse                                                                          10
                                        National District Attorney Association
  WIS. STAT. ANN. § 951.07 (2010). USE OF CERTAIN DEVICES PROHIBITED ..............................................287
  WIS. STAT. ANN. § 951.08 (2010). INSTIGATING FIGHTS BETWEEN ANIMALS ..........................................287
  WIS. STAT. ANN. § 951.09 (2010). SHOOTING AT CAGED OR STAKED ANIMALS ......................................288
  WIS. STAT. ANN. § 951.13 (2010). PROVIDING PROPER FOOD AND DRINK TO CONFINED ANIMALS ..........288
  WIS. STAT. ANN. § 951.14 (2010). PROVIDING PROPER SHELTER ............................................................289
  WIS. STAT. ANN. § 951.15 (2010). ABANDONING ANIMALS ....................................................................290
  WIS. STAT. ANN. § 951.18 (2010). PENALTIES ........................................................................................290
WYOMING .................................................................................................................................................292
  WYO. STAT. ANN. § 6-3-203 (2010). CRUELTY TO ANIMALS; PENALTIES; LIMITATION ON MANNER OF
  DESTRUCTION ..........................................................................................................................................292
FEDERAL LEGISLATION ........................................................................................................................294
  7 U.S.C.A. § 2131 (1976). CONGRESSIONAL STATEMENT OF POLICY ......................................................294
  7 U.S.C.A. § 2156 (2008). ANIMAL FIGHTING VENTURE PROHIBITION ....................................................295
  18 U.S.C.A. § 2E3.1 (2008). GAMBLING OFFENSES; ANIMAL FIGHTING OFFENSES ................................297
  18 U.S.C. § 48 (1999). DEPICTION OF ANIMAL CRUELTY .........................................................................297
U.S. TERRITORIES....................................................................................................................................298
AMERICAN SAMOA.................................................................................................................................298
GUAM .........................................................................................................................................................298
  GUAM CODE ANN. TIT. 9, § 70.10 (2009). CRUELTY TO ANIMALS: DEFINED; EXCEPTIONS; PENALTY. ...298
  GUAM CODE ANN. TIT. 9, § 70.11 (2008). DOGFIGHTING: DEFINED: PENALTY. ......................................298
PUERTO RICO ...........................................................................................................................................300
  P.R. LAWS ANN. TIT. 5, § 1651 (2009). DEFINITIONS ..............................................................................300
  P.R. LAWS ANN. TIT. 5, § 1652 (2009). ACTS OF CRUELTY GENERALLY ..................................................301
  P.R. LAWS ANN. TIT. 5, § 1653 (2009). PERSONS CONVICTED, PENALTIES ..............................................303
U.S. VIRGIN ISLANDS..............................................................................................................................303
  V.I. CODE ANN. TIT. 14, § 180 (2010). DEFINITIONS [ANIMALS AND BIRDS] ...........................................303
  V.I. CODE ANN. TIT. 14, § 181 (2010). ANIMAL ABUSE IN THE FIRST DEGREE .........................................305
  V.I. CODE ANN. TIT. 14, § 182 (2010). NIMAL ABUSE IN THE SECOND DEGREE ........................................306
  V.I. CODE ANN. TIT. 14, § 183 (2010). ANIMAL NEGLECT IN THE FIRST DEGREE .....................................306
  V.I. CODE ANN. TIT. 14, § 184 (2010). ANIMAL NEGLECT IN THE SECOND DEGREE .................................307
  V.I. CODE ANN. TIT. 14, § 189 (2010). DOGS RUNNING AT LARGE ..........................................................307
  V.I. CODE ANN. TIT. 14, § 190 (2010). FEROCIOUS, VICIOUS OR MISCHIEVOUS ANIMALS ........................307
  V.I. CODE ANN. TIT. 14, § 191 (2010). WRONGFUL TAKING OF ANIMALS ................................................308
  V.I. CODE ANN. TIT. 14, § 193 (2010). WRONGFUL KILLING OF ANIMALS FOR PERSONAL USE OR
  FINANCIAL GAIN ......................................................................................................................................308
  V.I. CODE ANN. TIT. 14, § 2062 (2010). BESTIALITY ...............................................................................308
  V.I. CODE ANN. TIT. 14, § 2063 (2010). PENETRATION REQUIRED ..........................................................308




ALABAMA

ALA. CODE § 13A-11-14 (2010). Cruelty to animals.
 (a) A person commits the crime of cruelty to animals if, except as otherwise authorized
by law, he intentionally or recklessly:

   (1) Subjects any animal to cruel mistreatment; or

   (2) Subjects any animal in his custody to cruel neglect; or

   (3) Kills or injures without good cause any animal belonging to another.

                                  National Center for Prosecution of Child Abuse                                                                            11
                                        National District Attorney Association
(b) Cruelty to animals is a Class B misdemeanor.

ALA. CODE § 13A-11-240 (2010). Definitions. [Cruelty to Dog or Cat]
(a) The word "torture" as used in this act shall mean the act of doing physical injury to a
dog or cat by the infliction of inhumane treatment or gross physical abuse meant to cause
said animal intensive or prolonged pain or serious physical injury, or thereby causing
death due to said act.

(b) The word "cruel" as used in this act shall mean: Every act, omission, or neglect,
including abandonment, where unnecessary or unjustifiable pain or suffering, including
abandonment, is caused or where unnecessary pain or suffering is allowed to continue.

(c) The words "dog or cat" as used in this act shall mean any domesticated member of the
dog or cat family.

ALA. CODE § 3-1-10 (2010). Wanton or malicious injury, etc., to animals
or other property.
Any person, who unlawfully, wantonly or maliciously kills, disables, disfigures, destroys
or injures any animal or article or commodity of value which is the property of another
must, on conviction, be fined not less than twice the value of the injury or damage to the
owner of the property nor more than $1,000.00 and may also be imprisoned in the county
jail, or sentenced to hard labor for the county for not more than six months, and so much
of the fine as may be necessary to repair the injury or loss shall go to the party injured.

ALA. CODE § 3-1-11 (2010). Wanton or malicious injury, etc.; defenses.
Upon the trial, the defendant may prove in mitigation or justification, as the jury may
determine, that, at the time of the killing, disabling, disfiguring, destruction or injury, the
animal killed, disabled, disfigured, destroyed or injured was trespassing and had within
six months previously thereto trespassed upon a growing crop, inclosed by a lawful fence
or while such animal was running at large in violation of law. No conviction must be had,
if it is shown that, before the commencement of the prosecution, compensation for the
injury was made or tendered to the owner.

ALA. CODE § 3-1-13 (2010). Neglected or abused animals; care and
keeping.
Any duly authorized officer or employee of a recognized humane society shall have the
right to take charge of any animal which is sick or disabled due to neglect or is being
cruelly treated or abused and to provide care for such animal until it is deemed to be in
suitable condition to be returned to its owner or to the person from whose custody such
animal was taken.

The officer so taking such animal shall at the time of taking the animal give written
notice to the owner or person from whose custody it was taken.


                    National Center for Prosecution of Child Abuse                          12
                          National District Attorney Association
The necessary expenses incurred for the care and keeping of the animal after such notice
by the humane society shall be a lien thereon and, if the animal is not reclaimed within 10
days from the giving of such notice, the humane society may sell the animal to satisfy
such lien. If the humane society determines that the animal cannot be sold, it may cause
the animal to be otherwise disposed of.

ALA. CODE § 3-1-29 (2010). Dog fighting.
 (a) It shall be a Class C felony for any person:

  (1) To own, possess, keep or train any dog with the intent that such dog shall be
engaged in an exhibition of fighting with another dog;

  (2) For amusement or gain, to cause any dog to fight with another dog, or cause any
dogs to injure each other;

 (3) To permit any act in violation of subdivisions (1) and (2) of this subsection.

(b) It shall be a Class C felony for any person to be knowingly present, as a spectator, at
any place, building, or tenement where preparations are being made for an exhibition of
the fighting of dogs, with the intent to be present at such preparations, or to be knowingly
present at such exhibition or to knowingly aid or abet another in such exhibition.

  Any dog used to fight other dogs in violation of subsection (a) of this section, shall be
confiscated as contraband by the sheriff or other law enforcement officers and shall not
be returned to the owner, trainer or possessor of said dog. The court shall award the
animals to the humane society or other agency handling stray animals. At its discretion,
the humane society or other agency handling stray animals shall humanely dispatch or
dispose of any confiscated dog.

(c) Any dog confiscated pursuant to subsection (b) of this section by the sheriff or other
law enforcement officers shall be taken to the local humane society or other animal
welfare agency.

(d) An appointed veterinarian or officer of the humane society or other animal welfare
agency may upon delivery or at any time thereafter destroy the animal that is in his
opinion injured, diseased past recovery, or whose continued existence is inhumane and
destruction is necessary to relieve pain or suffering.

(e) After confiscation the humane society or other animal welfare agency may make
application to the circuit court for a hearing to determine whether any animal seized
pursuant to subsection (b) of this section shall be humanely destroyed due to disease,
injury or lack of any useful purpose because of training or viciousness. The court shall set
a hearing date not more than 30 days from the filing of the application and shall give
notice of the same to the owners of the animals. Upon a finding by the court that the
seized animals are diseased, injured or lack any useful purpose due to training or
viciousness, it shall be within the authority of the humane society or other animal welfare
                   National Center for Prosecution of Child Abuse                         13
                         National District Attorney Association
agency to humanely destroy such animal. Any animal found by the court not to be
diseased, injured or lacking any useful purpose due to training or viciousness shall be
delivered to a court-approved private veterinarian or a private housing facility under the
supervision of a veterinarian. Expenses incurred in connection with the housing, care or
upkeep of the dogs by any person, firm, partnership, corporation or other entity shall be
taxed against the owner.

(f) If any dog owner is convicted under subsection (a) of this section, the animal(s) shall
be awarded to the local humane society or other animal welfare agency.



ALASKA

ALASKA STAT. § 11.61.140 (2010). Cruelty to animals
(a) A person commits cruelty to animals if the person

 (1) knowingly inflicts severe and prolonged physical pain or suffering on an animal;

  (2) with criminal negligence, fails to care for an animal and, as a result, causes the
death of the animal or causes severe physical pain or prolonged suffering to the animal;

 (3) kills or injures an animal by the use of a decompression chamber;

 (4) intentionally kills or injures a pet or livestock by the use of poison; or

  (5) knowingly kills or injures an animal, other than as provided in (1) or (3) of this
subsection, with the intent to intimidate, threaten, or terrorize another person.

(b) Each animal that is subject to cruelty to animals under (a) of this section shall
constitute a separate offense.

(c) It is a defense to a prosecution under this section that the conduct of the defendant

 (1) was part of scientific research governed by accepted standards;

 (2) constituted the humane destruction of an animal;

 (3) conformed to accepted veterinary or animal husbandry practices;

 (4) was necessarily incidental to lawful fishing, hunting or trapping activities;

 (5) conformed to professionally accepted training and discipline standards.

(d) In (a)(2) of this section, failure to provide the minimum standards of care for an

                    National Center for Prosecution of Child Abuse                          14
                          National District Attorney Association
animal under AS 03.55.100 is prima facie evidence of failure to care for an animal.

(e) This section does not apply to generally accepted dog mushing or pulling contests or
practices or rodeos or stock contests.

(f) Except as provided in (g) of this section, cruelty to animals is a class A misdemeanor.
The court may also

  (1) require forfeiture of any animal affected to the state or to a custodian that supplies
shelter, care, or medical treatment for the animal;

  (2) require the defendant to reimburse the state or a custodian for all reasonable costs
incurred in providing necessary shelter, care, veterinary attention, or medical treatment
for any animal affected;

  (3) prohibit or limit the defendant's ownership, possession, or custody of animals for up
to 10 years.

(g) Cruelty to animals is a class C felony if the person has been previously convicted on
two or more separate occasions within 10 years of the date of the present offense of a
crime under this section, AS 11.61.145(a)(1) or (2), or a law or ordinance of another
jurisdiction having elements similar to those offenses. The court may also

  (1) require forfeiture of any animal affected to the state or to a custodian that supplies
shelter, care, or medical treatment for the animal;

  (2) require the defendant to reimburse the state or a custodian for all reasonable costs
incurred in providing necessary shelter, care, veterinary attention, or medical treatment
for any animal affected;

  (3) prohibit or limit the defendant's ownership, possession, or custody of animals for up
to 10 years

ALASKA STAT. § 11.61.145 (2010). Promoting an exhibition of fighting
animals
(a) A person commits the crime or offense, as applicable, of promoting an exhibition of
fighting animals if the person

  (1) owns, possesses, keeps, or trains an animal with intent that it be engaged in an
exhibition of fighting animals;

  (2) instigates, promotes, or has a pecuniary interest in an exhibition of fighting animals;
or

 (3) attends an exhibition of fighting animals.

                    National Center for Prosecution of Child Abuse                             15
                          National District Attorney Association
(b) The animals, equipment, vehicles, money, and other personal property used by a
person in a violation of (a)(1) or (2) of this section shall be forfeited to the state if the
person is convicted of an offense under this section.

(c) In this section, "animal" means a vertebrate living creature not a human being, but
does not include fish.

(d) Promoting an exhibition of fighting animals

  (1) under (a)(1) or (2) of this section is a class C felony;

  (2) under (a)(3) of this section is a violation for the first offense, a class B misdemeanor
for the second offense, and a class A misdemeanor for the third and each subsequent
offense.

ALASKA STAT. § 03.55.110 (2010). Investigation of cruelty to animals
complaints
(a) A person who believes that cruelty to animals has taken place or is taking place may
file a complaint with a public or private animal control agency or organization, the
department, or a peace officer. An agency or organization or the department may refer the
complaint to a peace officer.

(b) A peace officer who receives a complaint of animal cruelty may apply for a search
warrant under AS 12.35 to the judicial officer in the judicial district in which the alleged
violation has taken place or is taking place. If the court finds that probable cause exists,
the court shall issue a search warrant directing a peace officer to proceed immediately to
the location of the alleged violation, search the place designated in the warrant, and, if
warranted, take property, including animals, specified in the warrant. The warrant shall
be executed by the peace officer and returned to the court.

(c) Before a peace officer may take an animal and place it into protective custody, the
peace officer shall request an immediate inspection and decision by a veterinarian
licensed under AS 08.98 that placement into protective custody is in the immediate best
interest of the animal. If a veterinarian is not available to perform an inspection, before a
peace officer may take an animal, the peace officer shall communicate with a veterinarian
who has, after hearing a description of the condition of the animal and its environment,
decided it is in the immediate best interest of the animal that it be placed into protective
custody. If the peace officer is not able to communicate with a veterinarian, before the
officer may take an animal, the officer shall decide it is in the immediate best interest of
the animal that it be placed into protective custody. For purposes of this section, "peace
officer" means

  (1) an officer of the state troopers;

  (2) a member of the police force of a municipality;

                     National Center for Prosecution of Child Abuse                             16
                           National District Attorney Association
 (3) a village public safety officer; or

 (4) a regional public safety officer.


ALASKA STAT. § 03.55.100 (2010). Minimum standards of care for
animals
(a) The minimum standards of care for animals include

 (1) food and water sufficient to maintain each animal in good health;

  (2) an environment compatible with protecting and maintaining the good health and
safety of the animal; and

 (3) reasonable medical care at times and to the extent available and necessary to
maintain the animal in good health.

(b) Any determination as to whether or not the standards of this chapter are met shall be
based on the professional opinion of a veterinarian licensed under AS 08.98.

(c) The department may adopt regulations to implement this section.




ARIZONA

ARIZ. REV. STAT. § 13-2910 (2010). Cruelty to animals; interference
with working or service animal; classification; definitions
A. A person commits cruelty to animals if the person does any of the following:

  1. Intentionally, knowingly or recklessly subjects any animal under the person's custody
or control to cruel neglect or abandonment.

  2. Intentionally, knowingly or recklessly fails to provide medical attention necessary to
prevent protracted suffering to any animal under the person's custody or control.

  3. Intentionally, knowingly or recklessly inflicts unnecessary physical injury to any
animal.

 4. Recklessly subjects any animal to cruel mistreatment.

  5. Intentionally, knowingly or recklessly kills any animal under the custody or control
of another person without either legal privilege or consent of the owner.

                   National Center for Prosecution of Child Abuse                         17
                         National District Attorney Association
  6. Recklessly interferes with, kills or harms a working or service animal without either
legal privilege or consent of the owner.

 7. Intentionally, knowingly or recklessly leaves an animal unattended and confined in a
motor vehicle and physical injury to or death of the animal is likely to result.

  8. Intentionally or knowingly subjects any animal under the person's custody or control
to cruel neglect or abandonment that results in serious physical injury to the animal.

  9. Intentionally or knowingly subjects any animal to cruel mistreatment.

  10. Intentionally or knowingly interferes with, kills or harms a working or service
animal without either legal privilege or consent of the owner.

  11. Intentionally or knowingly allows any dog that is under the person's custody or
control to interfere with, kill or cause physical injury to a service animal.

 12. Recklessly allows any dog that is under the person's custody or control to interfere
with, kill or cause physical injury to a service animal.

  13. Intentionally or knowingly obtains or exerts unauthorized control over a service
animal with the intent to deprive the service animal handler of the service animal.

B. It is a defense to subsection A of this section if:

  1. Any person exposes poison to be taken by a dog that has killed or wounded livestock
or poison to be taken by predatory animals on premises owned, leased or controlled by
the person for the purpose of protecting the person or the person's livestock or poultry,
and the treated property is kept posted by the person who authorized or performed the
treatment until the poison has been removed, and the poison is removed by the person
exposing the poison after the threat to the person, or the person's livestock or poultry has
ceased to exist. The posting required shall provide adequate warning to persons who enter
the property by the point or points of normal entry. The warning notice that is posted
shall be readable at a distance of fifty feet, shall contain a poison statement and symbol
and shall state the word "danger" or "warning".

  2. Any person uses poisons in and immediately around buildings owned, leased or
controlled by the person for the purpose of controlling wild and domestic rodents as
otherwise allowed by the laws of the state, excluding any fur-bearing animals as defined
in section 17-101.

C. This section does not prohibit or restrict:

  1. The taking of wildlife or other activities permitted by or pursuant to title 17.

  2. Activities permitted by or pursuant to title 3.
                    National Center for Prosecution of Child Abuse                       18
                          National District Attorney Association
  3. Activities regulated by the Arizona game and fish department or the Arizona
department of agriculture.

D. A peace officer, animal control enforcement agent or animal control enforcement
deputy may use reasonable force to open a vehicle to rescue an animal if the animal is left
in the vehicle as prescribed in subsection A, paragraph 7 of this section.

E. A person who is convicted of a violation of subsection A, paragraph 6 or 10 of this
section is liable as follows:

  1. If the working or service animal was killed or disabled, to the owner or agency that
owns the working or service animal and that employs the handler or to the owner or
handler for the replacement and training costs of the working or service animal and for
any veterinary bills.

  2. To the owner or agency that owns a working or service animal for the salary of the
handler for the period of time that the handler's services are lost to the owner or agency.

 3. To the owner for the owner's contractual losses with the agency.

F. An incorporated city or town or a county may adopt an ordinance with misdemeanor
provisions at least as stringent as the misdemeanor provisions of this section.

G. A person who violates subsection A, paragraph 1, 2, 3, 4, 5, 6, 7 or 12 of this section is
guilty of a class 1 misdemeanor. A person who violates subsection A, paragraph 8, 9, 10,
11 or 13 of this section is guilty of a class 6 felony.

H. For the purposes of this section:

 1. "Animal" means a mammal, bird, reptile or amphibian.

  2. "Cruel mistreatment" means to torture or otherwise inflict unnecessary serious
physical injury upon an animal or to kill an animal in a manner that causes protracted
suffering to the animal.

  3. "Cruel neglect" means to fail to provide an animal with necessary food, water or
shelter.

  4. "Handler" means a law enforcement officer or any other person who has successfully
completed a course of training prescribed by the person's agency or the service animal
owner and who used a specially trained animal under the direction of the person's agency
or the service animal owner.

  5. "Service animal" means an animal that has completed a formal training program, that
assists its owner in one or more daily living tasks that are associated with a productive
                   National Center for Prosecution of Child Abuse                           19
                         National District Attorney Association
lifestyle and that is trained to not pose a danger to the health and safety of the general
public.

  6. "Working animal" means a horse or dog that is used by a law enforcement agency,
that is specially trained for law enforcement work and that is under the control of a
handler.

ARIZ. REV. STAT. § 13-2910.01 (2010). Animal fighting; classification
A. A person commits animal fighting by knowingly:

  1. Owning, possessing, keeping or training any animal if the person knows or has
reason to know that the animal will engage in an exhibition of fighting with another
animal.

  2. For amusement or gain, causing any animal to fight with another animal, or causing
any animals to injure each other.

  3. Permitting any act in violation of paragraph 1 or 2 to be done on any premises under
the person's charge or control.

B. This section does not:

 1. Prohibit or restrict activities permitted by or pursuant to title 3.

  2. Apply to animals that are trained to protect livestock from predation and that engage
in actions to protect livestock.

C. Animal fighting is a class 5 felony.

ARIZ. REV. STAT. § 13-2910.02 (2010). Presence at animal fight;
classification
Any person who is knowingly present at any place or building where preparations are
being made for an exhibition of the fighting of animals, or who is present at such
exhibition, is guilty of a class 6 felony.

ARIZ. REV. STAT. § 13-2910.03 (2010). Cockfighting; classification
A. A person commits cockfighting by knowingly:

  1. Owning, possessing, keeping or training any cock with the intent that such cock
engage in an exhibition of fighting with another cock.

  2. For amusement or gain, causing any cock to fight with another cock or causing any
cocks to injure each other.

 3. Permitting any act in violation of paragraph 1 or 2 to be done on any premises under

                    National Center for Prosecution of Child Abuse                           20
                          National District Attorney Association
his charge or control.

B. Cockfighting is a class 5 felony.

C. For purposes of this section and section 13-2910.04, cock means any male chicken,
including game fowl except wildlife as defined in Arizona Revised Statutes section 17-101.

ARIZ. REV. STAT. § 13-2910.05 (2010). Exempt activities
Activity involving the possession, training, exhibition or use of an animal in the
otherwise lawful pursuits of hunting, ranching, farming, rodeos, shows and security
services shall be exempt from the provisions of sections 13-2910.01, 13-2910.02, 13-2910.03
and 13-2910.04.

ARIZ. REV. STAT. § 13-2910.06 (2010). Defense to cruelty to animals and
bird fighting
It is a defense to sections 13-2910, 13-2910.01, 13-2910.02, 13-2910.03 and 13-2910.04 that the
activity charged involves the possession, training, exhibition or use of a bird or animal in
the otherwise lawful sports of falconry, animal hunting, rodeos, ranching or the training
or use of hunting dogs.

ARIZ. REV. STAT. § 13-2910.09 (2010). Equine tripping; classification;
definitions
A. A person who knowingly or intentionally trips an equine for entertainment or sport is
guilty of a class 1 misdemeanor.

B. A person who is convicted of a first violation of this section:

  1. Shall be sentenced to serve not less than forty-eight consecutive hours in jail and is
not eligible for probation or suspension of execution of sentence unless the entire
sentence is served.

  2. Shall pay a fine of not less than one thousand dollars.

C. A person who is convicted of a second violation of this section:

  1. Shall be sentenced to serve not less than thirty consecutive days in jail and is not
eligible for probation or suspension of execution of sentence unless the entire sentence is
served.

  2. Shall pay a fine of not less than two thousand dollars.

D. A person who is convicted of a third or subsequent violation of this section:

  1. Shall be sentenced to serve not less than ninety consecutive days in jail and is not
eligible for probation or suspension of execution of sentence unless the entire sentence is

                    National Center for Prosecution of Child Abuse                            21
                          National District Attorney Association
served.

 2. Shall pay a fine of not less than two thousand dollars.

E. This section does not apply to any jumping or steeplechase events, racing, training,
branding, show events, calf or steer roping events, bulldogging or steer wrestling events
or any other traditional western rodeo events, including barrel racing, bareback or saddled
bronc riding or other similar activities or events.

F. For the purposes of this section:

 1. "Equine" means a horse, pony, mule, donkey or hinny.

 2. "Trips" means knowingly or intentionally causing an equine to lose its balance or fall
by use of a wire, pole, stick or rope or any other object or by any other means.

ARIZ. REV. STAT. § 11-1029 (2010). Hearing on disposition of abused and
vicious animals; forfeiture; exception
A. A peace officer, county enforcement agent or peace officer who has responsibility for
animal control in a municipality who has impounded an animal pursuant to section 11-1014
or 13-2910, on a showing of probable cause that the animal has been cruelly mistreated or
cruelly neglected or that the animal is vicious or may be a danger to the safety of any
person or other animal, may request a disposition hearing before a justice of the peace or
city magistrate to determine whether the animal has suffered cruel mistreatment or cruel
neglect as defined in section 13-2910 or is vicious. The hearing shall be set within fifteen
business days after the request has been filed.

B. The officer or agent who has requested a hearing under subsection A of this section
shall serve the order on the owner of the animal either by personal service on the owner
or by leaving a copy of the order with a person of suitable discretion at the owner's
residence or place of business. Proof of service shall be filed with the court. If the owner
fails to appear at the hearing or if the justice of the peace or city magistrate determines
that the animal is being cruelly mistreated or cruelly neglected or determines the animal
is vicious, the justice of the peace or city magistrate may order the animal forfeited to the
officer or agent to be made available for adoption or for transfer to a legally incorporated
humane society or approved rescue agency or humanely destroyed. The owner shall pay
impound fees and any other costs for boarding or necessary veterinary care.

C. This section does not apply to the seizure of an equine pursuant to section 3-1721 or to a
city, town or county that adopts or has adopted an ordinance or resolution providing for
the forfeiture of an animal that has suffered cruel mistreatment or cruel neglect.

ARIZ. REV. STAT. § 13-1411 (2010). Bestiality; classification; definition
A. A person commits bestiality by knowingly doing either of the following:


                    National Center for Prosecution of Child Abuse                         22
                          National District Attorney Association
 1. Engaging in oral sexual contact, sexual contact or sexual intercourse with an animal.

  2. Causing another person to engage in oral sexual contact, sexual contact or sexual
intercourse with an animal.

B. In addition to any other penalty imposed for a violation of subsection A of this section,
the court may order that the convicted person do any of the following:

  1. Undergo a psychological assessment and participate in appropriate counseling at the
convicted person's own expense.

  2. Reimburse an animal shelter as defined in section 11-1022 for any reasonable costs
incurred for the care and maintenance of any animal that was taken to the animal shelter
as a result of conduct proscribed by subsection A of this section.

C. This section does not apply to:

  1. Accepted veterinary medical practices performed by a licensed veterinarian or
veterinary technician.

 2. Insemination of animals by the same species, bred for commercial purposes.

  3. Accepted animal husbandry practices that provide necessary care for animals bred
for commercial purposes.

D. Bestiality is a class 6 felony, except that bestiality pursuant to subsection A, paragraph
2 of this section is a class 3 felony punishable pursuant to section 13-705 if the other person
is a minor under fifteen years of age.

E. For the purposes of this section, "animal" means a nonhuman mammal, bird, reptile or
amphibian, either dead or alive.



ARKANSAS
ARK. CODE ANN. § 5-62-102 (2010). Definitions. [Offenses against public
health, safety or welfare. animals].
As used in this subchapter:

 (1) "Abandon" means to desert, surrender, forsake, or to give up absolutely;

 (2) "Animal" means any living vertebrate creature, except human beings and fish;

 (3) "Animal control officer" means an officer employed by or under contract with an

                    National Center for Prosecution of Child Abuse                          23
                          National District Attorney Association
agency of the state, county, municipality, or other governmental or political subdivision
of the state that is responsible for animal control operations in its jurisdiction;

 (4) (A) "Animal husbandry practices" means the breeding, raising, production, and
management of animals.

   (B) "Animal husbandry practices" includes without limitation dehorning, docking,
and castration;

  (5) "Animal identification" means the use of a microchip, tattoo, an ear tag, an ear
notch, branding, or any similar technology to identify the owner of an animal and that is
generally accepted for the breed, species, and type of animal being identified;

 (6) "Appropriate place of custody" means:

   (A) A nonprofit animal shelter;

   (B) An animal pound;

    (C) A location owned or managed by a society incorporated for the prevention of
cruelty to animals;

   (D) A location owned or managed by an agency of the state, county, municipality, or
other governmental or political subdivision of the state that is responsible for animal
control operations in its jurisdiction;

    (E) A location owned or managed by a public or private custodian that provides
shelter, care, and necessary medical treatment to an animal; or

    (F) The residence or other place owned by the owner of the animal, if approved by
written order of a court of competent jurisdiction;

  (7) "Competitive activity" means a lawful activity that is generally recognized as
having an established schedule of events involving competition of animals or exhibitions
of animals;

  (8) "Cruel mistreatment" means any act that causes or permits the continuation of
unjustifiable pain or suffering;

 (9) "Equine" means a horse, pony, mule, donkey, or hinny;

 (10) "Equine activity" means:

    (A) Equine participation in equine shows, fairs, competitions, performances, or
parades that involve any breed of equine and any of the equine disciplines, including
without limitation dressage, hunter and jumper horse shows, grand prix jumping, three-
                   National Center for Prosecution of Child Abuse                        24
                         National District Attorney Association
day events, combined training, rodeos, pulling, cutting, polo, steeplechasing, endurance
trail riding and western games, and hunting;

   (B) Teaching and training activities of an equine show or rodeo;

   (C) Boarding an equine;

    (D) Riding, inspecting, or evaluating an equine owned by another person, whether or
not the owner has received some monetary consideration or other thing of value for the
use of the equine or is permitting a prospective purchaser of the equine to ride, inspect, or
evaluate the equine; or

   (E) Any activity that involves riding or hunting;

  (11) "Euthanizing" means humanely killing an animal accomplished by a method that
utilizes anesthesia produced by an agent that causes painless loss of consciousness and
subsequent death, and administered by a licensed veterinarian or a euthanasia technician
licensed by the federal Drug Enforcement Administration and certified by the
Department of Health;

  (12) "Humanely killing" means causing the death of an animal in a manner intended to
limit the pain or suffering of the animal as much as reasonably possible under the
circumstances;

 (13) "Law enforcement officer" means any public servant vested by law with a duty to
maintain public order or to make an arrest for an offense;

  (14) "Licensed veterinarian" means a veterinarian licensed to engage in the practice of
veterinary medicine in Arkansas in accordance with applicable Arkansas laws;

  (15) "Livestock" means a horse, mule, bovine animal, goat, sheep, swine, chicken,
duck, or similar animal or fowl commonly raised or used for farm purposes;

  (16) "Local law enforcement agency" means the police force of a municipality or the
office of the county sheriff;

 (17) "Owner" means a person that:

   (A) Has a right of property or title in an animal;

   (B) Keeps or harbors an animal;

   (C) Has an animal in his, her, or its care;

   (D) Acts as an animal's custodian; or

                   National Center for Prosecution of Child Abuse                         25
                         National District Attorney Association
   (E) Knowingly permits an animal to remain on or about any premises occupied by
him or her or it;

  (18) "Person" means an individual, company, partnership, limited liability company,
joint venture, joint agreement, mutual association or other, corporation, estate, trust,
business trust, receiver, trustee, syndicate, or any other private entity;

  (19) "Professional pest control activities" means those activities governed by the
Arkansas Pesticide Control Act, § 2-16-401 et seq., and the Arkansas Pest Control Law, §
17-37-101 et seq.;

 (20) "Rodeo" means an event involving a practice accepted by the Professional Rodeo
Cowboys Association on January 1, 2009; and

 (21) "Torture" means:

    (A) The knowing commission of physical injury to a dog, cat, or horse by the
infliction of inhumane treatment or gross physical abuse, causing the dog, cat, or horse
intensive or prolonged pain, serious physical injury, or thereby causing death; and

   (B) Mutilating, maiming, burning, poisoning, drowning, or starving a dog, cat, or
horse.

ARK. CODE ANN. § 5-62-103 (2010). Offense of cruelty to animals.
(a) A person commits the offense of cruelty to animals if he or she knowingly:

 (1) Subjects any animal to cruel mistreatment;

  (2) Kills or injures any animal owned by another person without legal privilege or
consent of the owner;

 (3) Abandons an animal at a location without providing for the animal's continued care;

 (4) Fails to supply an animal in his or her custody with a sufficient quantity of
wholesome food and water;

  (5) Fails to provide an animal in his or her custody with adequate shelter that is
consistent with the breed, species, and type of animal; or

  (6) Carries or causes to be carried in or upon any motorized vehicle or boat an animal in
a cruel or inhumane manner.

(b) For purposes of this section, each alleged act of the offense of cruelty to animals
committed against more than one (1) animal may constitute a separate offense.

(c) Any person who pleads guilty or nolo contendere to or is found guilty of cruelty to
                   National Center for Prosecution of Child Abuse                          26
                         National District Attorney Association
animals is guilty of an unclassified misdemeanor and shall be:

  (1) Fined no less than one hundred fifty dollars ($150) and no more than one thousand
dollars ($1,000);

 (2) Either:

   (A) Imprisoned for no less than one (1) day and no more than one (1) year in jail; or

   (B) Ordered to complete community service; and

 (3) (A) Both:

     (i) Ordered to complete a psychiatric or psychological evaluation; and

       (ii) If determined appropriate, psychiatric or psychological counseling or treatment
for a length of time prescribed by the court.

   (B) The cost of any psychiatric or psychological evaluation, counseling, or treatment
may be ordered paid by the person up to the jurisdictional limit of the court.

(d) Any person who pleads guilty or nolo contendere to or is found guilty of the offense
of cruelty to animals for a second offense occurring within five (5) years of a previous
offense of cruelty to animals or of any other equivalent penal offense of another state or
foreign jurisdiction is guilty of an unclassified misdemeanor and shall be:

  (1) Fined no less than four hundred dollars ($400) and no more than one thousand
dollars ($1,000);

 (2) Either:

   (A) Imprisoned for no fewer than seven (7) days and no more than one (1) year; or

   (B) Ordered to complete no fewer than thirty (30) days of community service; and

 (3) (A) Both:

     (i) Ordered to receive a psychiatric or psychological evaluation; and

     (ii) If determined appropriate, ordered to receive psychiatric or psychological
counseling or treatment for a length of time prescribed by the court.

   (B) The cost of any psychiatric or psychological evaluation, counseling, or treatment
may be ordered paid by the person up to the jurisdictional limit of the court.

(e) Any person who pleads guilty or nolo contendere to or is found guilty of the offense
                   National Center for Prosecution of Child Abuse                         27
                         National District Attorney Association
of cruelty to animals for a third offense occurring within five (5) years of a previous
offense of cruelty to animals or of any other equivalent penal offense of another state or
foreign jurisdiction is guilty of an unclassified misdemeanor and shall be:

  (1) Fined no less than nine hundred dollars ($900) and no more than one thousand
dollars ($1,000);

 (2) Either:

   (A) Imprisoned for no fewer than ninety (90) days and no more than one (1) year; or

   (B) Ordered to complete no fewer than ninety (90) days of community service; and

 (3) Both:

   (A) Ordered to receive a psychiatric or psychological evaluation; and

   (B) If determined appropriate, ordered to receive psychiatric or psychological
counseling or treatment for a length of time prescribed by the court.

(f) (1) Any person who pleads guilty or nolo contendere to or is found guilty of cruelty to
animals for a fourth or subsequent offense occurring within (5) five years of a previous
offense of cruelty to animals or of any other equivalent penal offense of another state or
foreign jurisdiction is guilty of a Class D felony and shall be:

   (A) Ordered to receive a psychiatric or psychological evaluation; and

   (B) If determined appropriate, ordered to receive psychiatric or psychological
counseling or treatment for a length of time prescribed by the court.

 (2) The cost of any psychiatric or psychological evaluation, counseling, or treatment
may be ordered paid by the person.

(g) (1) For the sole purpose of calculating the number of previous offenses under
subsections (d), (e), and (f) of this section, all offenses that are committed against one (1)
or more animals and as part of the same criminal episode are a single offense.

  (2) As used in this section, "criminal episode" means an act that constitutes the offense
of cruelty to animals that is committed by a person against one (1) or more animals
within a period of twenty-four (24) hours.

ARIZ. REV. STAT. 5-62-104 (2010). Offense of aggravated cruelty to a
dog, cat, or horse.
(a) A person commits the offense of aggravated cruelty to a dog, cat, or horse if he or she
knowingly tortures any dog, cat, or horse.

                    National Center for Prosecution of Child Abuse                          28
                          National District Attorney Association
(b) A person who pleads guilty or nolo contendere to or is found guilty of aggravated
cruelty to a dog, cat, or horse:

 (1) Shall be guilty of a Class D felony;

  (2) May be ordered to perform up to four hundred (400) hours of community service;
and

 (3) Both:

   (A) Ordered to receive a psychiatric or psychological evaluation; and

   (B) If determined appropriate, ordered to receive psychiatric or psychological
counseling or treatment for a length of time prescribed by the court.

(c) A person who pleads guilty or nolo contendere to or is found guilty of aggravated
cruelty to a dog, cat, or horse for a subsequent offense occurring within five (5) years
from a previous offense of aggravated cruelty to a dog, cat, or horse or of any other
equivalent penal offense of another state or foreign jurisdiction is guilty of a Class C
felony and shall be:

 (1) Ordered to receive a psychiatric or psychological evaluation; and

  (2) If determined appropriate, ordered to receive psychiatric or psychological
counseling or treatment for a length of time prescribed by the court.

(d) The cost of any psychiatric or psychological evaluation, counseling, or treatment
ordered under this section shall be paid by the person ordered to receive the psychiatric or
psychological evaluation, counseling, or treatment.

(e) For purposes of this section, each alleged act of the offense of aggravated cruelty to a
dog, cat, or horse committed against more than one (1) dog, cat, or horse may constitute a
separate offense.

(f) (1) For the sole purpose of calculating the number of previous offenses under
subsection (b) of this section, all offenses of aggravated cruelty to a dog, cat, or horse that
are committed against one (1) or more dogs, cats, or horses, as part of the same criminal
episode are a single offense.

  (2) As used in this section, "criminal episode" means an act that constitutes the offense
of aggravated cruelty to a dog, cat, or horse, committed by a person against one (1) or
more dogs, cats, or horses within a period of twenty-four (24) hours.

ARK. CODE ANN. § 5-62-105 (2010). Exemptions.
(a) This subchapter does not prohibit any of the following activities:

                    National Center for Prosecution of Child Abuse                          29
                          National District Attorney Association
 (1) Reasonably acting to protect a person or a person's property from damage;

  (2) Injuring or humanely killing an animal on the property of a person if the person is
acting as a reasonable person would act under similar circumstances and if the animal is
reasonably believed to constitute a threat of physical injury or damage to any animal
under the care or control of the person;

  (3) Engaging in practices lawful under the Arkansas Veterinary Medical Practice Act, §
17-101-101 et seq., or engaging in activities by or at the direction of any licensed
veterinarian while following accepted standards of practice of the profession, including
the euthanizing of an animal;

  (4) Rendering emergency care, treatment, or assistance, including humanely killing an
animal, that is abandoned, ill, injured, or in distress related to an accident or disaster, or
where there appears to be no reasonable probability that the life or usefulness of the
animal can be saved, if the person rendering the emergency care, treatment, or assistance
is:

     (A) Acting in good faith;

     (B) Not receiving compensation; and

     (C) Acting as a reasonable person would act under similar circumstances;

 (5) Performing generally accepted animal husbandry practices;

 (6) Performing professional pest control activities in a lawful manner;

  (7) Performing generally accepted training for or participating in a rodeo, equine
activity, or competitive activity;

 (8) Engaging in generally accepted practices of animal identification;

  (9) Engaging in the taking of game or fish through hunting, trapping, or fishing, or
engaging in any other activity authorized by Arkansas Constitution, Amendment 35, by §
15-41-101 et seq., or by any Arkansas State Game and Fish Commission regulation
promulgated under either Arkansas Constitution, Amendment 35, or statute;

  (10) Conducting activities undertaken by research and education facilities or
institutions that are:

   (A) Regulated under the Animal Welfare Act, 7 U.S.C. § 2131 et seq., as in effect on
January 1, 2009;

     (B) Regulated under the Health Research Extension Act of 1985, Pub. L. No. 99-158;
or
                    National Center for Prosecution of Child Abuse                          30
                          National District Attorney Association
    (C) Subject to any federal law or regulation governing animal research that is in effect
on January 1, 2009; and

   (11) Applying generally accepted methods used to train dogs engaged in hunting, field
trials, service work, obedience training, or any similar activities authorized by the
Arkansas State Game and Fish Commission.

(b) In addition to the exemptions in subsection (a) of this section, this subchapter does not
prohibit a person from engaging in or performing conduct that is otherwise permitted
under the laws of this state or of the United States, including without limitation
agricultural activities, butchering, food processing, marketing, medical activities,
zoological activities, or exhibitions.

ARK. CODE ANN. § 5-62-107 (2010). Immunity for reporting cruelty to
animals or aggravated cruelty to a dog, cat, or horse.
Except as provided in § 5-54-122, a person who in good faith reports a suspected incident
of cruelty to animals, § 5-62-103, or aggravated cruelty to a dog, cat, or horse, § 5-62-
104, to a local law enforcement agency or to the Department of Arkansas State Police is
immune from civil and criminal liability for reporting the incident.

ARK. CODE ANN. § 5-62-109 (2010). Immunity -- Veterinarians.
(a) A licensed veterinarian or a person acting at the direction of a licensed veterinarian in
Arkansas is:

  (1) Held harmless from either criminal or civil liability for any decision made or service
rendered in conjunction with this subchapter; and

 (2) Immune from suit for his or her part in an investigation of cruelty to animals.

(b) A veterinarian or person acting at the direction of a licensed veterinarian who
participates or reports in bad faith or with malice is not protected under this subchapter.

ARK. CODE ANN. § 5-62-111 (2010). Prevention of cruelty.
(a) A person may lawfully interfere to prevent the imminent or ongoing perpetration of
any offense of cruelty to animals, § 5-62-103, or aggravated cruelty to a dog, cat, or
horse, § 5-62-104, upon any animal in his or her presence.

(b) Upon a conviction, a person who knowingly interferes with or obstructs a person
acting under subsection (a) of this section is guilty of a Class A misdemeanor.

ARK. CODE ANN. § 5-62-120 (2010). Unlawful animal fighting.
(a) (1) A person commits the offense of unlawful animal fighting in the first degree if he
or she knowingly:


                    National Center for Prosecution of Child Abuse                            31
                          National District Attorney Association
   (A) Promotes, engages in, or is employed at animal fighting;

    (B) Receives money for the admission of another person to a place kept for animal
fighting; or

   (C) Sells, purchases, possesses, or trains an animal for animal fighting.

 (2) Unlawful animal fighting in the first degree is a Class D felony.

(b) (1) A person commits the offense of unlawful animal fighting in the second degree if
he or she knowingly:

   (A) Purchases a ticket of admission to or is present at an animal fight; or

   (B) Witnesses an animal fight if it is presented as a public spectacle.

 (2) Unlawful animal fighting in the second degree is a Class A misdemeanor.

(c) Upon the arrest of any person for violating a provision of this section, the arresting
law enforcement officer or animal control officer may seize and take custody of all
animals in the possession of the arrested person.

(d) (1) Upon the conviction of any person for violating a provision of this section, any
court of competent jurisdiction may order the forfeiture by the convicted person of all
animals the use of which was the basis of the conviction.

 (2) Any animal ordered forfeited under a provision of this subsection shall be placed
with an appropriate place of custody or an animal control agency.

(e) In addition to the fines, penalties, and forfeitures imposed under this section, the court
may require the defendant to make restitution to the state, any of its political
subdivisions, or an appropriate place of custody for housing, feeding, or providing
medical treatment to an animal used for unlawful animal fighting.

(f) As used in this section, "animal fighting" means fighting between roosters or other
birds or between dogs, bears, or other animals.

ARK. CODE ANN. § 5-62-125 (2010). Unlawful dog attack.
(a) A person commits the offense of unlawful dog attack if:

  (1) The person owns a dog that the person knows or has reason to know has a
propensity to attack, cause injury, or endanger the safety of other persons without
provocation;

 (2) The person negligently allows the dog to attack another person; and

                    National Center for Prosecution of Child Abuse                           32
                          National District Attorney Association
 (3) The attack causes the death of or serious physical injury to the person attacked.

(b) The offense of unlawful dog attack is a Class A misdemeanor.

(c) In addition to any penalty imposed under this section, the court or jury may require
the defendant to pay restitution under § 5-4-205 for any medical bills of the person
attacked for injuries caused by the attack.

ARK. CODE ANN. § 5-62-124 (2010). Unlawful bear exploitation.
(a) A person commits the offense of unlawful bear exploitation if he or she knowingly:

 (1) Promotes, engages in, or is employed at a bear wrestling match;

 (2) Receives money for the admission of another person to a place kept for bear
wrestling;

 (3) Sells, purchases, possesses, or trains a bear for bear wrestling; or

  (4) For purposes of exploitation, subjects a bear to surgical alteration in any form,
including, but not limited to, declawing, tooth removal, and severing tendons.

(b) Unlawful bear exploitation is a Class D felony.

(c) Upon the arrest of any person for violating a provision of this section, the arresting
law enforcement officer or animal control officer may seize and take custody of any bear
in the possession of the arrested person.

(d) (1) Upon the conviction of any person for violating a provision of this section, any
court of competent jurisdiction may order the forfeiture by the convicted person of any
bear the use of which was the basis of the conviction.

  (2) Any bear ordered forfeited under a provision of this section shall be placed in the
custody of a society which is incorporated for the prevention of cruelty to animals.

(e) In addition to the fines, penalties, and forfeitures imposed under a provision of this
section, the court may require the defendant to make restitution to the state, any of its
political subdivisions, or a society which is incorporated for the prevention of cruelty to
animals for housing, feeding, or providing medical treatment to a bear used for unlawful
wrestling.

ARK. CODE ANN. § 5-62-126 (2010). Acts of God -- Emergency
conditions.
An owner of an animal or person in control of an animal is not guilty of either the offense
of cruelty to animals, § 5-62-103, or the offense of aggravated cruelty to a dog, cat, or
horse, § 5-62-104, if the owner of the animal or the person in control of the animal was

                    National Center for Prosecution of Child Abuse                          33
                          National District Attorney Association
reasonably precluded as the result of an act of God or emergency conditions from
engaging in an act or omission that might prevent an allegation of the offense of cruelty
to animals, § 5-62-103, or the offense of aggravated cruelty to a dog, cat, or horse, § 5-
62-104.

ARK. CODE ANN. § 5-14-122 (2010). Bestiality.
(a) As used in this section, "animal" means any dead or alive nonhuman vertebrate.

(b) A person commits bestiality if he or she performs or submits to any act of sexual
gratification with an animal involving his or her or the animal's sex organs and the
mouth, anus, penis, or vagina of the other.

(c) Bestiality is a Class A misdemeanor.




CALIFORNIA

CAL. PENAL CODE § 597 (2010). Cruelty to animals
(a) Except as provided in subdivision (c) of this section or Section 599c, every person
who maliciously and intentionally maims, mutilates, tortures, or wounds a living animal,
or maliciously and intentionally kills an animal, is guilty of an offense punishable by
imprisonment in the state prison, or by a fine of not more than twenty thousand dollars
($20,000), or by both the fine and imprisonment, or, alternatively, by imprisonment in a
county jail for not more than one year, or by a fine of not more than twenty thousand
dollars ($20,000), or by both the fine and imprisonment.

(b) Except as otherwise provided in subdivision (a) or (c), every person who overdrives,
overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary
sustenance, drink, or shelter, cruelly beats, mutilates, or cruelly kills any animal, or
causes or procures any animal to be so overdriven, overloaded, driven when overloaded,
overworked, tortured, tormented, deprived of necessary sustenance, drink, shelter, or to
be cruelly beaten, mutilated, or cruelly killed; and whoever, having the charge or custody
of any animal, either as owner or otherwise, subjects any animal to needless suffering, or
inflicts unnecessary cruelty upon the animal, or in any manner abuses any animal, or fails
to provide the animal with proper food, drink, or shelter or protection from the weather,
or who drives, rides, or otherwise uses the animal when unfit for labor, is, for every such
offense, guilty of a crime punishable as a misdemeanor or as a felony or alternatively
punishable as a misdemeanor or a felony and by a fine of not more than twenty thousand
dollars ($20,000).

(c) Every person who maliciously and intentionally maims, mutilates, or tortures any
mammal, bird, reptile, amphibian, or fish as described in subdivision (d), is guilty of an
offense punishable by imprisonment in the state prison, or by a fine of not more than

                   National Center for Prosecution of Child Abuse                            34
                         National District Attorney Association
twenty thousand dollars ($20,000), or by both the fine and imprisonment, or,
alternatively, by imprisonment in the county jail for not more than one year, by a fine of
not more than twenty thousand dollars ($20,000), or by both the fine and imprisonment.

(d) Subdivision (c) applies to any mammal, bird, reptile, amphibian, or fish which is a
creature described as follows:

(1) Endangered species or threatened species as described in Chapter 1.5 (commencing
with Section 2050) of Division 3 of the Fish and Game Code.

(2) Fully protected birds described in Section 3511 of the Fish and Game Code.

(3) Fully protected mammals described in Chapter 8 (commencing with Section 4700) of
Part 3 of Division 4 of the Fish and Game Code.

(4) Fully protected reptiles and amphibians described in Chapter 2 (commencing with
Section 5050) of Division 5 of the Fish and Game Code.

(5) Fully protected fish as described in Section 5515 of the Fish and Game Code.

 This subdivision does not supersede or affect any provisions of law relating to taking of
the described species, including, but not limited to, Section 12008 of the Fish and Game Code.

(e) For the purposes of subdivision (c), each act of malicious and intentional maiming,
mutilating, or torturing a separate specimen of a creature described in subdivision (d) is a
separate offense. If any person is charged with a violation of subdivision (c), the
proceedings shall be subject to Section 12157 of the Fish and Game Code.

(f)

 (1) Upon the conviction of a person charged with a violation of this section by causing or
permitting an act of cruelty, as defined in Section 599b, all animals lawfully seized and
impounded with respect to the violation by a peace officer, officer of a humane society,
or officer of a pound or animal regulation department of a public agency shall be
adjudged by the court to be forfeited and shall thereupon be awarded to the impounding
officer for proper disposition. A person convicted of a violation of this section by causing
or permitting an act of cruelty, as defined in Section 599b, shall be liable to the
impounding officer for all costs of impoundment from the time of seizure to the time of
proper disposition.

 (2) Mandatory seizure or impoundment shall not apply to animals in properly conducted
scientific experiments or investigations performed under the authority of the faculty of a
regularly incorporated medical college or university of this state.

(g) Notwithstanding any other provision of law, if a defendant is granted probation for a
conviction under this section, the court shall order the defendant to pay for, and

                      National Center for Prosecution of Child Abuse                         35
                            National District Attorney Association
successfully complete, counseling, as determined by the court, designed to evaluate and
treat behavior or conduct disorders. If the court finds that the defendant is financially
unable to pay for that counseling, the court may develop a sliding fee schedule based
upon the defendant's ability to pay. An indigent defendant may negotiate a deferred
payment schedule, but shall pay a nominal fee if the defendant has the ability to pay the
nominal fee. County mental health departments or Medi-Cal shall be responsible for the
costs of counseling required by this section only for those persons who meet the medical
necessity criteria for mental health managed care pursuant to Section 1830.205 of Title 7
of the California Code of Regulations or the targeted population criteria specified in
Section 5600.3 of the Welfare and Institutions Code. The counseling specified in this subdivision
shall be in addition to any other terms and conditions of probation, including any term of
imprisonment and any fine. This provision specifies a mandatory additional term of
probation and is not to be utilized as an alternative in lieu of imprisonment in the state
prison or county jail when such a sentence is otherwise appropriate. If the court does not
order custody as a condition of probation for a conviction under this section, the court
shall specify on the court record the reason or reasons for not ordering custody. This
subdivision shall not apply to cases involving police dogs or horses as described in
Section 600.

CAL. PENAL CODE § 597.5 (2010). Fighting dogs
(a) Any person who does any of the following is guilty of a felony and is punishable by
imprisonment in a state prison for 16 months, or two or three years, or by a fine not to
exceed fifty thousand dollars ($50,000), or by both that fine and imprisonment:

 (1) Owns, possesses, keeps, or trains any dog, with the intent that the dog shall be
engaged in an exhibition of fighting with another dog.

 (2) For amusement or gain, causes any dog to fight with another dog, or causes any dogs
to injure each other.

 (3) Permits any act in violation of paragraph (1) or (2) to be done on any premises under
his or her charge or control, or aids or abets that act.

(b) Any person who is knowingly present, as a spectator, at any place, building, or
tenement where preparations are being made for an exhibition of the fighting of dogs,
with the intent to be present at those preparations, or is knowingly present at that
exhibition or at any other fighting or injuring as described in paragraph (2) of subdivision
(a), with the intent to be present at that exhibition, fighting, or injuring, is guilty of an
offense punishable by imprisonment in a county jail not to exceed one year, or by a fine
not to exceed five thousand dollars ($5,000), or by both that imprisonment and fine.

(c) Nothing in this section shall prohibit any of the following:

 (1) The use of dogs in the management of livestock, as defined by Section 14205 of the Food
and Agricultural Code, by the owner of the livestock or his or her employees or agents or
other persons in lawful custody thereof.
                     National Center for Prosecution of Child Abuse                            36
                           National District Attorney Association
 (2) The use of dogs in hunting as permitted by the Fish and Game Code, including, but
not limited to, Sections 3286, 3509, 3510, 4002, and 4756, and by the rules and
regulations of the Fish and Game Commission.

 (3) The training of dogs or the use of equipment in the training of dogs for any purpose
not prohibited by law.

CAL. PENAL CODE § 597A (2009). Inhuman manner of transporting
animal
Whoever carries or causes to be carried in or upon any vehicle or otherwise any domestic
animal in a cruel or inhuman manner, or knowingly and willfully authorizes or permits it
to be subjected to unnecessary torture, suffering, or cruelty of any kind, is guilty of a
misdemeanor; and whenever any such person is taken into custody therefor by any
officer, such officer must take charge of such vehicle and its contents, together with the
horse or team attached to such vehicle, and deposit the same in some place of custody;
and any necessary expense incurred for taking care of and keeping the same, is a lien
thereon, to be paid before the same can be lawfully recovered; and if such expense, or
any part thereof, remains unpaid, it may be recovered, by the person incurring the same,
of the owner of such domestic animal, in an action therefor.

CAL. PENAL CODE § 597B (2009). Fighting, worrying or injuring of
animals; Punishment for second conviction; Meaning of aiding and
abetting
(a) Except as provided in subdivisions (b) and (c), any person who, for amusement or
gain, causes any bull, bear, or other animal, not including any dog, to fight with like kind
of animal or creature, or causes any animal, including any dog, to fight with a different
kind of animal or creature, or with any human being, or who, for amusement or gain,
worries or injures any bull, bear, dog, or other animal, or causes any bull, bear, or other
animal, not including any dog, to worry or injure each other, and or any person who
permits the same to be done on any premises under his or her charge or control, or any
person who aids or abets the fighting or worrying of an animal or creature, is guilty of a
misdemeanor punishable by imprisonment in a county jail for a period not to exceed one
year, by a fine not to exceed five thousand dollars ($5,000), or by both that imprisonment
and fine.

(b) Any person who, for amusement or gain, causes any cock to fight with another cock
or with a different kind of animal or creature or with any human being; or who, for
amusement or gain, worries or injures any cock, or causes any cock to worry or injure
another animal; and any person who permits the same to be done on any premises under
his or her charge or control, and any person who aids or abets the fighting or worrying of
any cock is guilty of a misdemeanor punishable by imprisonment in a county jail for a
period not to exceed one year, or by a fine not to exceed five thousand dollars ($5,000),
or by both that imprisonment and fine.


                   National Center for Prosecution of Child Abuse                        37
                         National District Attorney Association
(c) A second or subsequent conviction of this section is a misdemeanor or a felony
punishable by imprisonment in a county jail for a period not to exceed one year or the
state prison for 16 months, two, or three years, by a fine not to exceed twenty-five
thousand dollars ($25,000), or by both that imprisonment and fine, except in unusual
circumstances in which the interests of justice would be better served by the imposition
of a lesser sentence.

(d) For the purposes of this section, aiding and abetting a violation of this section shall
consist of something more than merely being present or a spectator at a place where a
violation is occurring.

CAL. PENAL CODE § 597C (2009). Knowing presence as a spectator
Any person who is knowingly present as a spectator at any place, building, or tenement
for an exhibition of animal fighting, or who is knowingly present at that exhibition or is
knowingly present where preparations are being made for the acts described in
subdivision (a) or (b) of Section 597b, is guilty of a misdemeanor.

CAL. PENAL CODE § 597H (2009). Attaching live animal to moving
machine to be pursued by dogs
It shall be unlawful for any person to tie or attach or fasten any live animal to any
machine or device propelled by any power for the purpose of causing such animal to be
pursued by a dog or dogs.

Any person violating any of the provisions of this section shall be guilty of a
misdemeanor.

CAL. PENAL CODE § 597I (2009). Prohibition regarding fighting bird
gaffs or slashers
(a) It shall be unlawful for anyone to manufacture, buy, sell, barter, exchange, or have in
his or her possession any of the implements commonly known as gaffs or slashers, or any
other sharp implement designed to be attached in place of the natural spur of a gamecock
or other fighting bird.

(b) Any person who violates any of the provisions of this section is guilty of a
misdemeanor punishable by imprisonment in a county jail for a period not to exceed one
year, by a fine not to exceed five thousand dollars ($5,000), or by both that imprisonment
and fine and upon conviction thereof shall, in addition to any judgment or sentence
imposed by the court, forfeit possession or ownership of those implements.

CAL. PENAL CODE § 597J (2009). Ownership, possession or training of
fighting bird or animal; Applicability; Punishment for second
conviction
(a) Any person who owns, possesses, keeps, or trains any bird or other animal with the
intent that it be used or engaged by himself or herself, by his or her vendee, or by any
other person in an exhibition of fighting as described in Section 597b is guilty of a
                     National Center for Prosecution of Child Abuse                      38
                            National District Attorney Association
misdemeanor punishable by imprisonment in a county jail for a period not to exceed one
year, by a fine not to exceed five thousand dollars ($5,000), or by both that imprisonment
and fine.

(b) This section shall not apply to an exhibition of fighting of a dog with another dog.

(c) A second or subsequent conviction of this section is a misdemeanor punishable by
imprisonment in a county jail for a period not to exceed one year or by a fine not to
exceed twenty-five thousand dollars ($25,000), or by both that imprisonment and fine,
except in unusual circumstances in which the interests of justice would be better served
by the imposition of a lesser sentence.

CAL. PENAL CODE § 597S (2009). Abandonment of animal
(a) Every person who willfully abandons any animal is guilty of a misdemeanor.

(b) This section shall not apply to the release or rehabilitation and release of native
California wildlife pursuant to statute or regulations of the California Department of Fish
and Game.

CAL. PENAL CODE § 596 (2009). Wilful poisoning of animals
Every person who, without the consent of the owner, wilfully administers poison to any
animal, the property of another, or exposes any poisonous substance, with the intent that
the same shall be taken or swallowed by any such animal, is guilty of a misdemeanor.

However, the provisions of this section shall not apply in the case of a person who
exposes poisonous substances upon premises or property owned or controlled by him for
the purpose of controlling or destroying predatory animals or livestock-killing dogs and
if, prior to or during the placing out of such poisonous substances, he shall have posted
upon the property conspicuous signs located at intervals of distance not greater than one-
third of a mile apart, and in any case not less than three such signs having words with
letters at least one inch high reading "Warning-Poisoned bait placed out on these
premises," which signs shall be kept in place until the poisonous substances have been
removed. Whenever such signs have been conspiciously located upon the property or
premises owned or controlled by him as hereinabove provided, such person shall not be
charged with any civil liability to another party in the event that any domestic animal
belonging to such party becomes injured or killed by trespassing or partaking of the
poisonous substance or substances so placed.

CAL. PENAL CODE § 286.5 (2009). Sexual assault on animal
Any person who sexually assaults any animal protected by Section 597f for the purpose
of arousing or gratifying the sexual desire of the person is guilty of a misdemeanor.




                   National Center for Prosecution of Child Abuse                          39
                         National District Attorney Association
COLORADO

COLO. REV. STAT. § 18-9-201 (2009). Definitions
As used in sections 18-9-201.5, 18-9-202, 18-9-202.5, and 18-9-204.5, unless the context
otherwise requires:

(1) "Abandon" means the leaving of an animal without adequate provisions for the
animal's proper care by its owner, the person responsible for the animal's care or custody,
or any other person having possession of such animal.

(2) "Animal" means any living dumb creature.

(2.5) "Disposal" or "disposition" means adoption of an animal; return of an animal to the
owner; sale of an animal under section 18-9-202.5 (1) (c); release of an animal to a rescue
group licensed pursuant to article 80 of title 35, C.R.S.; release of an animal to another
pet animal facility licensed pursuant to article 80 of title 35, C.R.S., or to a rehabilitator
licensed by the division of wildlife or the United States fish and wildlife service; or
euthanasia.

(2.7) "Euthanasia" means to produce a humane death by techniques accepted by the
American veterinary medical association.

(2.9) "Livestock" means bovine, camelids, caprine, equine, ovine, porcine, and poultry.

(3) "Mistreatment" means every act or omission that causes or unreasonably permits the
continuation of unnecessary or unjustifiable pain or suffering.

(4) "Neglect" means failure to provide food, water, protection from the elements, or other
care generally considered to be normal, usual, and accepted for an animal's health and
well-being consistent with the species, breed, and type of animal.

(5) "Sexual act with an animal" means an act between a person and an animal involving
direct physical contact between the genitals of one and the mouth, anus, or genitals of the
other. A sexual act with an animal may be proven without allegation or proof of
penetration. Nothing in this subsection (5) shall be construed to prohibit accepted animal
husbandry practices.

COLO. REV. STAT. § 18-9-202 (2009). Cruelty to animals - aggravated
cruelty to animals - neglect of animals – offenses
(1) (a) A person commits cruelty to animals if he or she knowingly, recklessly, or with
criminal negligence overdrives, overloads, overworks, torments, deprives of necessary
sustenance, unnecessarily or cruelly beats, allows to be housed in a manner that results in
chronic or repeated serious physical harm, carries or confines in or upon any vehicles in a
cruel or reckless manner, engages in a sexual act with an animal, or otherwise mistreats
or neglects any animal, or causes or procures it to be done, or, having the charge or
                    National Center for Prosecution of Child Abuse                          40
                          National District Attorney Association
custody of any animal, fails to provide it with proper food, drink, or protection from the
weather consistent with the species, breed, and type of animal involved, or abandons an
animal.

(b) Any person who intentionally abandons a dog or cat commits the offense of cruelty to
animals.

(1.5) (a) A person commits cruelty to animals if he or she recklessly or with criminal
negligence tortures, needlessly mutilates, or needlessly kills an animal.

(b) A person commits aggravated cruelty to animals if he or she knowingly tortures,
needlessly mutilates, or needlessly kills an animal.

(1.6) As used in this section, unless the context otherwise requires:

(a) "Serious physical harm" means any of the following:

(I) Any physical harm that carries a substantial risk of death;

(II) Any physical harm that causes permanent maiming or that involves some temporary,
substantial maiming; or

(III) Any physical harm that causes acute pain of a duration that results in substantial
suffering.

(1.8) A peace officer having authority to act under this section may take possession of
and impound an animal that the peace officer has probable cause to believe is a victim of
a violation of subsection (1) or (1.5) of this section or is a victim of a violation of section
18-9-204 and as a result of the violation is endangered if it remains with the owner or
custodian. If, in the opinion of a licensed veterinarian, an animal impounded pursuant to
this subsection (1.8) is experiencing extreme pain or suffering, or is severely injured past
recovery, severely disabled past recovery, or severely diseased past recovery, the animal
may be euthanized without a court order.

(2) (a) Except as otherwise provided in paragraph (b) of this subsection (2), cruelty to
animals is a class 1 misdemeanor.

(a.5) (I) Repealed.

(II) In addition to any other sentence imposed for a violation of this section, the court
may order an offender to complete an anger management treatment program or any other
appropriate treatment program.

(III) The court shall order an evaluation to be conducted prior to sentencing to assist the
court in determining an appropriate sentence. The person ordered to undergo an
evaluation shall be required to pay the cost of the evaluation, unless the person qualifies
                      National Center for Prosecution of Child Abuse                         41
                            National District Attorney Association
for a public defender, then the cost will be paid by the judicial district. If the evaluation
results in a recommendation of treatment and if the court so finds, the person shall be
ordered to complete an anger management treatment program or any other treatment
program that the court may deem appropriate.

(IV) Upon successful completion of an anger management treatment program or any
other treatment program deemed appropriate by the court, the court may suspend any fine
imposed, except for a five hundred dollar mandatory minimum fine which shall be
imposed at the time of sentencing.

(V) In addition to any other sentence imposed upon a person for a violation of any
criminal law under this title, any person convicted of a second or subsequent conviction
for any crime, the underlying factual basis of which has been found by the court to
include an act of cruelty to animals, shall be required to pay a mandatory minimum fine
of one thousand dollars and shall be required to complete an anger management treatment
program or any other appropriate treatment program.

(VI) Nothing in this paragraph (a.5) shall preclude the court from ordering treatment in
any appropriate case.

(VII) This paragraph (a.5) does not apply to the treatment of pack or draft animals by
negligently overdriving, overloading, or overworking them, or the treatment of livestock
and other animals used in the farm or ranch production of food, fiber, or other
agricultural products when such treatment is in accordance with accepted agricultural
animal husbandry practices, the treatment of animals involved in activities regulated
pursuant to article 60 of title 12, C.R.S., the treatment of animals involved in research if
such research facility is operating under rules set forth by the state or federal government,
the treatment of animals involved in rodeos, the treatment of dogs used for legal hunting
activities, wildlife nuisances, or to statutes regulating activities concerning wildlife and
predator control in the state, including trapping.

(b) (I) A second or subsequent conviction under the provisions of paragraph (a) of
subsection (1) of this section is a class 6 felony. A plea of nolo contendere accepted by
the court shall be considered a conviction for the purposes of this section.

(II) In any case where the court sentences a person convicted of a class 6 felony under the
provisions of this paragraph (b) to probation, the court shall, in addition to any other
condition of probation imposed, order that:

(A) The offender, pursuant to section 18-1.3-202 (1), be committed to the county jail for
ninety days; or

(B) The offender, pursuant to section 18-1.3-105 (3), be subject to home detention for no
fewer than ninety days.

(III) In any case where an offender is committed to the county jail or placed in home
                    National Center for Prosecution of Child Abuse                              42
                          National District Attorney Association
detention pursuant to subparagraph (II) of this paragraph (b), the court shall enter
judgment against the offender for all costs assessed pursuant to section 18-1.3-701,
including, but not limited to, the cost of care.

(c) Aggravated cruelty to animals is a class 6 felony; except that a second or subsequent
conviction for the offense of aggravated cruelty to animals is a class 5 felony. A plea of
nolo contendere accepted by the court shall be considered a conviction for purposes of
this section.

(2.5) It shall be an affirmative defense to a charge brought under this section involving
injury or death to a dog that the dog was found running, worrying, or injuring sheep,
cattle, or other livestock.

(3) Nothing in this part 2 shall be construed to amend or in any manner change the
authority of the wildlife commission, as established in title 33, C.R.S., or to prohibit any
conduct therein authorized or permitted.

COLO. REV. STAT. § 18-9-204 (2009). Animal fighting - penalty
(1) (a) No person shall cause, sponsor, arrange, hold, or encourage a fight between
animals for the purpose of monetary gain or entertainment.

(b) For the purposes of this section, a person encourages a fight between animals for the
purpose of monetary gain or entertainment if he or she:

(I) Is knowingly present at or wagers on such a fight;

(II) Owns, trains, transports, possesses, breeds, sells, transfers, or equips an animal with
the intent that such animal will be engaged in such a fight;

(III) Knowingly allows any such fight to occur on any property owned or controlled by
him;

(IV) Knowingly allows any animal used for such a fight to be kept, boarded, housed, or
trained on, or transported in, any property owned or controlled by him;

(V) Knowingly uses any means of communication for the purpose of promoting such a
fight; or

(VI) Knowingly possesses any animal used for such a fight or any device intended to
enhance the animal's fighting ability.

(2) Any person who violates the provisions of this section commits a class 5 felony and,
in addition to the punishment provided in section 18-1.3-401, may be punished by a fine of
up to one thousand dollars. Any person committing a second or subsequent violation of
this section commits a class 4 felony and, in addition to the punishment provided in
section 18-1.3-401, may be punished by a fine of up to five thousand dollars.
                    National Center for Prosecution of Child Abuse                          43
                          National District Attorney Association
(3) Nothing in this section shall prohibit normal hunting practices as approved by the
division of wildlife.

(4) Nothing in this section shall be construed to prohibit the training of animals or the use
of equipment in the training of animals for any purpose not prohibited by law.




COLO. REV. STAT. § 18-9-204.5 (2009). Unlawful ownership of dangerous
dog
(1) The general assembly hereby finds, determines, and declares that:

(a) Dangerous dogs are a serious and widespread threat to the safety and welfare of
citizens throughout the state because of the number and serious nature of attacks by such
dogs; and

(b) The regulation and control of dangerous dogs is a matter of statewide concern.

(2) As used in this section, unless the context otherwise requires:

(a) "Bodily injury" means any physical injury that results in severe bruising, muscle tears,
or skin lacerations requiring professional medical treatment or any physical injury that
requires corrective or cosmetic surgery.

(a.5) "Bureau" means the bureau of animal protection in the department of agriculture,
division of animal industry, created pursuant to section 35-42-105, C.R.S.

(b) "Dangerous dog" means any dog that:

(I) Inflicts bodily or serious bodily injury upon or causes the death of a person or
domestic animal; or

(II) Demonstrates tendencies that would cause a reasonable person to believe that the dog
may inflict bodily or serious bodily injury upon or cause the death of any person or
domestic animal; or

(III) Engages in or is trained for animal fighting as described and prohibited in section 18-
9-204.

(c) "Dog" means any domesticated animal related to the fox, wolf, coyote, or jackal.

(d) "Domestic animal" means any dog, cat, any animal kept as a household pet, or
livestock.


                    National Center for Prosecution of Child Abuse                          44
                          National District Attorney Association
(e) "Owner" or "owns" means any person, firm, corporation, or organization owning,
possessing, harboring, keeping, having financial or property interest in, or having control
or custody of a domestic animal, as the term is defined in paragraph (d) of this subsection
(2), including a dangerous dog as the term is defined in paragraph (b) of this subsection
(2).

(f) "Serious bodily injury" has the same meaning as such term is defined in section 18-1-901
(3) (p).

(3) (a) A person commits ownership of a dangerous dog if such person owns, possesses,
harbors, keeps, has a financial or property interest in, or has custody or control over a
dangerous dog.

(b) Any owner who violates paragraph (a) of this subsection (3) whose dog inflicts bodily
injury upon any person commits a class 3 misdemeanor. Any owner involved in a second
or subsequent violation under this paragraph (b) commits a class 2 misdemeanor.

(c) Any owner who violates paragraph (a) of this subsection (3) whose dog inflicts
serious bodily injury to a person commits a class 1 misdemeanor. Any owner involved in
a second or subsequent violation under this paragraph (c) commits a class 6 felony.

(d) Any owner who violates paragraph (a) of this subsection (3) whose dog causes the
death of a person commits a class 5 felony.

(e) (I) Any owner who violates paragraph (a) of this subsection (3) whose dog injures or
causes the death of any domestic animal commits a class 3 misdemeanor.

(II) Any owner of a dog that is involved in a second or subsequent violation under this
paragraph (e) commits a class 2 misdemeanor. The minimum fine specified in section 18-
1.3-501 for a class 2 misdemeanor shall be mandatory.

(III) (A) The court shall order the convicted owner and any owner who enters into a
deferred judgment or deferred prosecution to make restitution to the injured or dead
domestic animal's owner pursuant to applicable provisions of title 16, C.R.S., governing
restitution.

(B) Restitution shall be equal to the greater of the fair market value or the replacement
cost of the domestic animal on the date, but before the time, the animal was injured or
destroyed plus any reasonable and necessary medical expenses incurred in treating the
animal and any actual costs incurred in replacing the injured or destroyed animal.

(B.5) An owner who violates paragraph (a) of this subsection (3) and whose dog damages
or destroys the property of another person commits a class 1 petty offense.

(C) Any owner whose dog damages or destroys property shall make restitution to the
owner of such property in an amount equal to the greater of the fair market value or the
                   National Center for Prosecution of Child Abuse                           45
                         National District Attorney Association
replacement cost of such property before its destruction plus any actual costs incurred in
replacing such property.

(e.5) The court shall order any owner of a dangerous dog who has been convicted of a
violation of this section to:

(I) Confine the dangerous dog in a building or enclosure designed to be escape-proof and,
whenever the dog is outside of the building or enclosure, keep the dog under the owner's
control by use of a leash. The owner shall post a conspicuous warning sign on the
building or enclosure notifying others that a dangerous dog is housed in the building or
enclosure. In addition, if the conviction is for a second or subsequent offense, the
dangerous dog shall also be muzzled whenever it is outside of the building or enclosure.

(II) Immediately report to the bureau in writing any material change in the dangerous
dog's situation, including but not limited to a change, transfer, or termination of
ownership, change of address, escape, or death;

(III) At the owner's expense, permanently identify the dangerous dog through the
implantation of a microchip by a licensed veterinarian or a licensed shelter. A
veterinarian or licensed shelter that implants a microchip in a dangerous dog shall report
the microchipping information to the bureau within ten days after implantation of the
microchip, pursuant to section 35-42-115 (2), C.R.S.

(IV) Prior to the implantation of the microchip, pay a nonrefundable dangerous dog
microchip license fee of fifty dollars to the bureau;

(V) Prior to the dangerous dog receiving any service or treatment, disclose in writing to
any provider of the service or treatment, including but not limited to a veterinary health
care worker, dog groomer, humane agency staff person, pet animal care facility staff
person, professional dog handler, or dog trainer, each acting in the performance of his or
her respective duties, that the dangerous dog has been the subject of a conviction of a
violation of this section;

(VI) Prior to a change, transfer, or termination of ownership of a dangerous dog, disclose
in writing to the prospective owner that the dangerous dog has been the subject of a
conviction of a violation of this section.

(f) In addition to any other penalty set forth in this subsection (3), upon an owner's entry
of a guilty plea or the return of a verdict of guilty by a judge or jury or a deferred
judgment or deferred prosecution for a violation that results in bodily injury, serious
bodily injury, or death to a person, the court, pursuant to applicable provisions of title 16,
C.R.S., governing restitution, shall order the defendant to make restitution in accordance
with said provisions.

(g) (I) In addition to the penalties set forth in paragraphs (b) to (e) of this subsection (3),
upon an owner's entry of a guilty plea or the return of a verdict of guilty by a judge or
                    National Center for Prosecution of Child Abuse                            46
                          National District Attorney Association
jury or a deferred judgment or deferred prosecution for a violation that results in serious
bodily injury to a person or death to a person or domestic animal or for a second or
subsequent violation of paragraph (b) or (e) of this subsection (3) resulting in a
conviction or a deferred judgment or a deferred prosecution involving the same dog of
the same owner, the court shall order that the dangerous dog be immediately confiscated
and placed in a public animal shelter and shall order that, upon exhaustion of any right an
owner has to appeal a conviction based on a violation of this subsection (3), the owner's
dangerous dog be destroyed by euthanasia administered by a licensed veterinarian.

(II) In addition to any penalty set forth in paragraphs (b) to (e) of this subsection (3), for a
second or subsequent violation of paragraph (b) or (e) of this subsection (3) resulting in a
conviction or a deferred judgment or a deferred prosecution involving the same dog of a
different owner, the court may order that the dangerous dog be immediately confiscated
and placed in a public animal shelter and that, upon exhaustion of any right an owner has
to appeal a conviction based on a violation of this subsection (3), the owner's dangerous
dog be destroyed by euthanasia administered by a licensed veterinarian.

(h) (I) An affirmative defense to the violation of this subsection (3) shall be:

(A) That, at the time of the attack by the dangerous dog which causes injury to or the
death of a domestic animal, the domestic animal was at large, was an estray, and entered
upon the property of the owner and the attack began, but did not necessarily end, upon
such property;

(B) That, at the time of the attack by the dangerous dog which causes injury to or the
death of a domestic animal, said animal was biting or otherwise attacking the dangerous
dog or its owner;

(C) That, at the time of the attack by the dangerous dog which causes injury to or the
death of a person, the victim of the attack was committing or attempting to commit a
criminal offense, other than a petty offense, against the dog's owner, and the attack did
not occur on the owner's property;

(D) That, at the time of the attack by the dangerous dog which causes injury to or the
death of a person, the victim of the attack was committing or attempting to commit a
criminal offense, other than a petty offense, against a person on the owner's property or
the property itself and the attack began, but did not necessarily end, upon such property;
or

(E) That the person who was the victim of the attack by the dangerous dog tormented,
provoked, abused, or inflicted injury upon the dog in such an extreme manner which
resulted in the attack.

(II) The affirmative defenses set forth in subparagraph (I) of this paragraph (h) shall not
apply to any dog that has engaged in or been trained for animal fighting as said term is
described in section 18-9-204.
                    National Center for Prosecution of Child Abuse                           47
                          National District Attorney Association
(4) Upon taking an owner into custody for an alleged violation of this section or the
issuing of a summons and complaint to the owner, pursuant to the Colorado rules of
criminal procedure and part 1 of article 4 of title 16, C.R.S., the owner's dangerous dog
may be taken into custody and placed in a public animal shelter, at the owner's expense,
pending final disposition of the charge against the owner. In addition, in the event the
court, pursuant to the Colorado rules of criminal procedure and part 1 of article 4 of title
16, C.R.S., sets bail for an owner's release from custody pending final disposition, the
court may require, as a condition of bond, that the owner's dangerous dog be placed by an
impound agency, as defined in section 18-9-202.5 (2), at the owner's expense in a location
selected by the impound agency including a public animal shelter, licensed boarding
facility, or veterinarian's clinic, pending final disposition of the alleged violation of this
section. The owner shall be liable for the total cost of board and care for a dog placed
pursuant to this subsection (4).

(5) (a) Nothing in this section shall be construed to prohibit a municipality from adopting
any rule or law for the control of dangerous dogs; except that any such rule or law shall
not regulate dangerous dogs in a manner that is specific to breed.

(b) Nothing in this section shall be construed to abrogate a county's authority under part 1
of article 15 of title 30, C.R.S., to adopt dog control and licensing resolutions and to
impose the penalties set forth in section 30-15-102, C.R.S.; except that any such resolution
shall not regulate dangerous dogs in a manner that is specific to breed.

(c) No municipality or county may destroy or dispose of a dog that is awaiting
destruction or disposition as of April 21, 2004, in connection with a violation or charged
violation of a municipal or county ban on one or more specific dog breeds.

(6) The provisions of this section shall not apply to the following:

(a) To any dog that is used by a peace officer while the officer is engaged in the
performance of peace officer duties;

(b) To any dog that inflicts bodily or serious bodily injury to any veterinary health care
worker, dog groomer, humane agency personnel, professional dog handler, or trainer
each acting in the performance of his or her respective duties, unless the owner is subject
to a court order issued pursuant to paragraph (e.5) of subsection (3) of this section and the
owner has failed to comply with the provisions of subparagraph (V) of paragraph (e.5) of
subsection (3) of this section; or

(c) To any dog that inflicts injury upon or causes the death of a domestic animal while the
dog was working as a hunting dog, herding dog, or predator control dog on the property
of or under the control of the dog's owner and the injury or death was to a domestic
animal naturally associated with the work of such dog.



                    National Center for Prosecution of Child Abuse                         48
                          National District Attorney Association
COLO. REV. STAT. § 18-9-209 (2009). Immunity for reporting animal
cruelty - false report - penalty
(1) Except as otherwise provided in subsection (2) of this section, a person who, in good
faith, reports a suspected incident of animal cruelty, as described in section 18-9-202, to a
local law enforcement agency or to the state bureau of animal protection shall be immune
from civil liability for reporting the incident.

(2) The provisions of subsection (1) of this section shall not apply to a person who
knowingly makes a false report of animal cruelty.

(3) A person who knowingly makes a false report of animal cruelty to a local law
enforcement agency or to the state bureau of animal protection commits a class 3
misdemeanor and shall be punished as provided in section 18-1.3-501.




CONNECTICUT

CONN. GEN. STAT. § Sec. 53-247 (2010). Cruelty to animals. Animals
engaged in exhibition of fighting. Intentional injury or killing of police
animals or dogs in volunteer canine search and rescue teams.
(a) Any person who overdrives, drives when overloaded, overworks, tortures, deprives of
necessary sustenance, mutilates or cruelly beats or kills or unjustifiably injures any
animal, or who, having impounded or confined any animal, fails to give such animal
proper care or neglects to cage or restrain any such animal from doing injury to itself or
to another animal or fails to supply any such animal with wholesome air, food and water,
or unjustifiably administers any poisonous or noxious drug or substance to any domestic
animal or unjustifiably exposes any such drug or substance, with intent that the same
shall be taken by an animal, or causes it to be done, or, having charge or custody of any
animal, inflicts cruelty upon it or fails to provide it with proper food, drink or protection
from the weather or abandons it or carries it or causes it to be carried in a cruel manner,
or fights with or baits, harasses or worries any animal for the purpose of making it
perform for amusement, diversion or exhibition, shall be fined not more than one
thousand dollars or imprisoned not more than one year or both.

(b) Any person who maliciously and intentionally maims, mutilates, tortures, wounds or
kills an animal shall be fined not more than five thousand dollars or imprisoned not more
than five years or both. The provisions of this subsection shall not apply to any licensed
veterinarian while following accepted standards of practice of the profession or to any
person while following approved methods of slaughter under section 22-272a, while
performing medical research as an employee of, student in or person associated with any
hospital, educational institution or laboratory, while following generally accepted
agricultural practices or while lawfully engaged in the taking of wildlife.

                    National Center for Prosecution of Child Abuse                         49
                          National District Attorney Association
(c) Any person who knowingly (1) owns, possesses, keeps or trains an animal engaged in
an exhibition of fighting for amusement or gain, (2) possesses, keeps or trains an animal
with the intent that it be engaged in an exhibition of fighting for amusement or gain, (3)
permits an act described in subdivision (1) or (2) of this subsection to take place on
premises under his control, (4) acts as judge or spectator at an exhibition of animal
fighting for amusement or gain, or (5) bets or wagers on the outcome of an exhibition of
animal fighting for amusement or gain, shall be fined not more than five thousand dollars
or imprisoned not more than five years or both.

(d) Any person who intentionally injures any animal while such animal is in the
performance of its duties under the supervision of a peace officer, as defined in section
53a-3, or intentionally injures a dog that is a member of a volunteer canine search and
rescue team, as defined in section 5-249, while such dog is in the performance of its duties
under the supervision of the active individual member of such team, shall be fined not
more than five thousand dollars or imprisoned not more than five years or both.

(e) Any person who intentionally kills any animal while such animal is in the
performance of its duties under the supervision of a peace officer, as defined in section
53a-3, or intentionally kills a dog that is a member of a volunteer canine search and
rescue team, as defined in section 5-249, while such dog is in the performance of its duties
under the supervision of the active individual member of such team, shall be fined not
more than ten thousand dollars or imprisoned not more than ten years or both.



DELAWARE

DEL. CODE ANN. tit. 11, § 1325 (2010). Cruelty to animals; class A
misdemeanor; class F felony
(a) For the purpose of this section, the following words and phrases shall include, but not
be limited to, the meanings respectively ascribed to them as follows:

  (1) "Abandonment" includes completely forsaking or deserting an animal originally
under one's custody without making reasonable arrangements for custody of that animal
to be assumed by another person.

 (2) "Animal" shall not include fish, crustacea or molluska.

 (3) "Cruel" includes every act or omission to act whereby unnecessary or unjustifiable
physical pain or suffering is caused or permitted.

 (4) "Cruel mistreatment" includes any treatment whereby unnecessary or unjustifiable
physical pain or suffering is caused or permitted.

 (5) "Cruel neglect" includes neglect of an animal, which is under the care and control of
                    National Center for Prosecution of Child Abuse                         50
                          National District Attorney Association
the neglector, whereby pain or suffering is caused to the animal or abandonment of any
domesticated animal by its owner or custodian. By way of example, cruel neglect shall
also include allowing an animal to live in unsanitary conditions, such as keeping an
animal where the animal's own excrement is not removed from the animal's living area
and/or other living conditions which are injurious to the animal's health.

  (6) "Cruelty to animals" includes mistreatment of any animal or neglect of any animal
under the care and control of the neglector, whereby unnecessary or unjustifiable physical
pain or suffering is caused. By way of example this includes: Unjustifiable beating of an
animal; overworking an animal; tormenting an animal; abandonment of an animal; failure
to feed properly or give proper shelter or veterinary care to an animal.

  (7) "Custody" includes the responsibility for the welfare of an animal subject to one's
care and control whether one owns it or not.

  (8) "Person" includes any individual, partnership, corporation or association living
and/or doing business in the State.

  (9) "Proper feed" includes providing each animal with daily food and water of
sufficient quality and quantity to prevent unnecessary or unjustifiable physical pain or
suffering by the animal.

  (10) "Proper shelter" includes providing each animal with adequate shelter from the
weather elements as required to prevent unnecessary or unjustifiable physical pain or
suffering by the animal.

  (11) "Proper veterinary care" includes providing each animal with veterinary care
sufficient to prevent unnecessary or unjustifiable physical pain or suffering by the animal.

  (12) "Serious injury" shall include any injury to any animal which creates a substantial
risk of death, or which causes prolonged impairment of health or prolonged loss or
impairment of the function of any bodily organ.

(b) A person is guilty of cruelty to animals when the person intentionally or recklessly:

 (1) Subjects any animal to cruel mistreatment; or

 (2) Subjects any animal in the person's custody to cruel neglect; or

  (3) Kills or injures any animal belonging to another person without legal privilege or
consent of the owner; or

  (4) Cruelly or unnecessarily kills or injures any animal whether belonging to the actor
or another. This section does not apply to the killing of any animal normally or
commonly raised as food for human consumption, provided that such killing is not cruel.
A person acts unnecessarily if the act is not required to terminate an animal's suffering, to
                   National Center for Prosecution of Child Abuse                           51
                         National District Attorney Association
protect the life or property of the actor or another person or if other means of disposing of
an animal exist which would not impair the health or well-being of that animal; or

  (5) Captures, detains, transports, removes or delivers any animal known to be a
domestic farm animal, pet or companion animal, or any other animal of scientific,
environmental, economic or cultural value, under false pretenses to any public or private
animal shelter, veterinary clinic or other facility, or otherwise causes the same through
acts of deception or misrepresentation of the circumstances and disposition of any such
animal.
  Paragraphs (1), (2) and (4) of this subsection are inapplicable to accepted veterinary
practices and activities carried on for scientific research.
  Cruelty to animals is a class A misdemeanor, unless the person intentionally kills or
causes serious injury to any animal in violation of paragraph (4) of this subsection or
unless the animal is killed or seriously injured as a result of any action prohibited by
paragraph (5) of this section, in which case it is a class F felony.

(c) Any person convicted of a misdemeanor violation of this section shall be prohibited
from owning or possessing any animal for 5 years after said conviction, except for
animals grown, raised or produced within the State for resale, or for sale of a product
thereof, where the person has all necessary licenses for such sale or resale, and receives at
least 25 percent of the person's annual gross income from such sale or resale. Any person
convicted of a second or subsequent misdemeanor violation of this section shall be
prohibited from owning or possessing any animal for 5 years after said conviction
without exception.
  A violation of this subsection is subject to a fine in the amount of $ 1,000 in any court
of competent jurisdiction and to forfeiture of any animal illegally owned in accordance
with the provisions of 3 Del. C. § 7904.

(d) Any person convicted of a felony violation of this section shall be prohibited from
owning or possessing any animal for 15 years after said conviction, except for animals
grown, raised or produced within the State for resale, or for sale of a product thereof,
where the person has all necessary licenses for such sale or resale, and receives at least 25
percent of the person's annual gross income from such sale or resale. Any person
convicted of a second or subsequent felony violation of this section shall be prohibited
from owning or possessing any animal for 15 years after said conviction without
exception.
  A violation of this subsection is subject to a fine in the amount of $ 5,000 in any court
of competent jurisdiction and to forfeiture of any animal illegally owned in accordance
with the provisions of 3 Del. C. § 7904.

(e) Any agent of the Delaware Society for the Prevention of Cruelty to Animals, or, in
Kent County of this State, of the Kent County Society for the Prevention of Cruelty to
Animals, may impound an animal owned or possessed in apparent violation of this
section, consistent with 3 Del. C. § 7904.



                   National Center for Prosecution of Child Abuse                         52
                         National District Attorney Association
(f) This section shall not apply to the lawful hunting or trapping of animals as provided
by law.

DEL. CODE ANN. tit. 11, § 1326 (2010). Animals; fighting and baiting
prohibited; class E felony
(a) A person who owns, possesses, keeps, trains, or uses a bull, bear, dog, cock, or other
animal or fowl for the purpose of fighting or baiting; or a person who is a party to or who
causes the fighting or baiting of a bull, bear, dog, cock, or other animal or fowl; or a
person who rents or otherwise obtains the use of a building, shed, room, yard, ground, or
premises for the purpose of fighting or baiting an animal or fowl; or a person who
knowingly suffers or permits the use of a building, shed, room, yard, ground, or premises
belonging to the person, or that is under the person's control, for any of the purposes
described in this section, is guilty of a class E felony.

(b) A person who is present at a building, shed, room, yard, ground, or premises where
preparations are being made for an exhibition prohibited by subsection (a) of this section,
and who knows that the exhibition is taking place or is about to take place, is guilty of a
class F felony.

(c) A person who gambles on the outcome of an exhibition prohibited by subsection (a)
of this section is guilty of a class F felony.

(d) All animals, equipment, devices, and money involved in a violation of this section
must be forfeited to the State. Animals so forfeited must be disposed of in a humane
manner.

(e) Prosecution for any offense under this section may not be commenced after 5 years
from the commission of the offense.

(f) A person convicted of a violation of this section is prohibited from owning or
possessing any animal or fowl for 15 years after conviction.

(g) A fine issued as a result of a violation of this section may not be suspended.

(h) In addition to the penalties provided under this section, the court may require a person
convicted of violating this section to attend and participate in an appropriate treatment
program or to obtain appropriate psychiatric or psychological counseling, or both. The
court may impose the costs of any treatment program or counseling upon the person
convicted.

DEL. CODE ANN. tit. 11, § 1327 (2010). Maintaining a dangerous animal;
class E felony; class F felony; class A misdemeanor
(a) A person is guilty of maintaining a dangerous animal when such person knowingly or
recklessly owns, controls or has custody over any dangerous animal which causes death,
serious physical injury or physical injury to another person or which causes death or

                   National Center for Prosecution of Child Abuse                           53
                         National District Attorney Association
serious injury to another animal.

(b) For the purposes of this section, "dangerous animal" means any dog or other animal
which:

  (1) Had been declared dangerous or potentially dangerous by the Dog Control Panel
pursuant to subchapter III of Chapter 17 of Title 7;

  (2) Had been trained for animal fighting, or that has been used primarily or occasionally
for animal fighting;

  (3) Had been intentionally trained so as to increase its viciousness, dangerousness or
potential for unprovoked attacks upon human beings or other animals; or

  (4) Has an individualized and known propensity, tendency or disposition, specific to the
individual dog, for viciousness, dangerousness or unprovoked attacks upon human beings
or other animals.

(c) Maintaining a dangerous animal shall be punished as follows:

  (1) When a dangerous animal causes the death of a person, maintaining a dangerous
animal is a class E felony;

  (2) When a dangerous animal causes serious physical injury to a person, maintaining a
dangerous animal is a class F felony;

  (3) When a dangerous animal causes physical injury to a person or when a dangerous
animal causes death or physical injury to another animal, maintaining a dangerous animal
is a class A misdemeanor.

(d) This section shall not apply to any dog or other animal trained or owned or used by
any law enforcement agency or any person, company, agency or entity licensed pursuant
to Chapter 13 of Title 24.

(e) In any prosecution under this section it shall be an affirmative defense that at the time
of the attack during which physical injury, serious physical injury or death was inflicted
upon a person:

  (1) The victim of the attack was in the course of committing criminal trespass or any
violent felony as set forth in this title or was attempting to commit criminal trespass or
said violent felony;

  (2) The victim had provoked the attack by committing cruelty to animals as defined in §
1325 of this title upon said dangerous animal or by inflicting physical injury upon said
dangerous animal; or

                    National Center for Prosecution of Child Abuse                           54
                          National District Attorney Association
  (3) The owner or custodian of the dangerous animal was in full compliance with the
applicable provisions of subchapter III of Chapter 17 of Title 7, including the
requirements pertaining to confinement, restraint and muzzling.

(f) In any prosecution under this section it shall be an affirmative defense that at the time
of the attack during which physical injury or death was inflicted upon an animal:

 (1) The animal which was injured or killed had entered onto the real property of the
owner or custodian of the dangerous animal without permission;

  (2) The animal which was injured or killed had provoked the attack by menacing, biting
or attacking the dangerous animal or its owner or custodian; or

  (3) The owner or custodian of the dangerous animal was in full compliance with the
applicable provisions of subchapter III of Chapter 17 of Title 7, including the
requirements pertaining to confinement, restraint and muzzling.

DEL. CODE ANN. tit. 11, § 777 (2010). Bestiality
A person is guilty of bestiality when the person intentionally engages in any sexual act
involving sexual contact, penetration or intercourse with the genitalia of an animal or
intentionally causes another person to engage in any such sexual act with an animal for
purposes of sexual gratification.

Bestiality is a class D felony.



DISTRICT OF COLUMBIA
D.C. CODE ANN. § 22-1001 (2010). Definitions and penalties [Cruelty to
Animals] [Formerly § 22-801]
(a) (1) Whoever knowingly overdrives, overloads, drives when overloaded, overworks,
tortures, torments, deprives of necessary sustenance, cruelly chains, cruelly beats or
mutilates, any animal, or knowingly causes or procures any animal to be so overdriven,
overloaded, driven when overloaded, overworked, tortured, tormented, deprived of
necessary sustenance, cruelly chained, cruelly beaten, or mutilated, and whoever, having
the charge or custody of any animal, either as owner or otherwise, knowingly inflicts
unnecessary cruelty upon the same, or unnecessarily fails to provide the same with proper
food, drink, air, light, space, veterinary care, shelter, or protection from the weather, shall
for every such offense be punished by imprisonment in jail not exceeding 180 days, or by
fine not exceeding $ 250, or by both.

 (2) The court may order a person convicted of cruelty to animals:

   (A) To obtain psychological counseling, psychiatric or psychological evaluation, or to

                    National Center for Prosecution of Child Abuse                          55
                          National District Attorney Association
participate in an animal cruelty prevention or education program, and may impose the
costs of the program or counseling on the person convicted;

   (B) To forfeit any rights in the animal or animals subjected to cruelty;

    (C) To repay the reasonable costs incurred prior to judgment by any agency caring for
the animal or animals subjected to cruelty; and

   (D) Not to own or possess an animal for a specified period of time.

  (3) The court may order a child adjudicated delinquent for cruelty to animals to
undergo psychiatric or psychological evaluation, or to participate in appropriate treatment
programs or counseling, and may impose the costs of the program or counseling on the
person adjudicated delinquent.

(b) For the purposes of this section, "cruelly chains" means attaching an animal to a
stationary object or a pulley by means of a chain, rope, tether, leash, cable, or similar
restraint under circumstances that may endanger its health, safety, or well-being. Cruelly
chains includes, but is not limited to, the use of a chain, rope, tether, leash, cable or
similar restraint that:

 (1) Exceeds 1/8 the body weight of the animal;

 (2) Causes the animal to choke;

  (3) Is too short for the animal to move around or for the animal to urinate or defecate in
a separate area from the area where it must eat, drink, or lie down;

 (4) Is situated where it can become entangled;

 (5) Does not permit the animal access to food, water, shade, dry ground, or shelter; or

 (6) Does not permit the animal to escape harm.

(c) For the purposes of this section, "serious bodily injury" means bodily injury that
involves a substantial risk of death, unconsciousness, extreme physical pain, protracted
and obvious disfigurement, mutilation, or protracted loss or impairment of the function of
a bodily member or organ. Serious bodily injury includes, but is not limited to, broken
bones, burns, internal injuries, severe malnutrition, severe lacerations or abrasions, and
injuries resulting from untreated medical conditions.

(d) Except where the animal is an undomesticated and dangerous animal such as rats,
bats, and snakes, and there is a reasonable apprehension of an imminent attack by such
animal on that person or another, whoever commits any of the acts or omissions set forth
in subsection (a) of this section with the intent to commit serious bodily injury or death to
an animal, or whoever, under circumstances manifesting extreme indifference to animal
                   National Center for Prosecution of Child Abuse                          56
                         National District Attorney Association
life, commits any of the acts or omissions set forth in subsection (a) of this section which
results in serious bodily injury or death to the animal, shall be guilty of a felony and,
upon conviction thereof, shall be punished by imprisonment not exceeding 5 years, or by
a fine not exceeding $ 25,000, or both.

D.C. CODE ANN. § 22-1002 (2010). Other cruelties to animals [Formerly
§ 22-802]
Every owner, possessor, or person having the charge or custody of any animal, who
cruelly drives or works the same when unfit for labor, or cruelly abandons the same, or
who carries the same, or causes the same to be carried, in or upon any vehicle, or
otherwise, in an unnecessarily cruel or inhuman manner, or knowingly and wilfully
authorizes or permits the same to be subjected to unnecessary torture, suffering, or
cruelty of any kind, shall be punished for every such offense in the manner provided in §
22-1001.

D.C. CODE ANN. § 22-1002.01 (2010). Reporting requirements
(a) (1) Any law enforcement or child or protective services employee who knows of or
has reasonable cause to suspect an animal has been the victim of cruelty, abandonment,
or neglect, or observes an animal at the home of a person reasonably suspected of child,
adult, or animal abuse, shall provide a report within 2 business days to the Mayor. If the
health and welfare of the animal is in immediate danger, the report shall be made within 6
hours.

 (2) The report shall include:

   (A) The name, title, and contact information of the individual making the report;

   (B) The name and contact information, if known, of the owner or custodian of the
animal;

   (C) The location, along with a description, of where the animal was observed; and

    (D) The basis for any suspicion of animal cruelty, abandonment, or neglect, including
the date, time, and a description of the observation or incident which led the individual to
make the report.

(b) When 2 or more law enforcement or child or protective services employees jointly
suspect an animal has been the victim of cruelty, abandonment, or neglect, or jointly
observe an animal at the home of a person reasonably suspected of child, adult, or animal
abuse, a report may be made by one person by mutual agreement.

(c) No individual who in good faith reports a reasonable suspicion of abuse shall be liable
in any civil or criminal action.

(d) Upon receipt of a report, any agency charged with the enforcement of animal cruelty
laws shall make reasonable attempts to verify the welfare of the animal.
                   National Center for Prosecution of Child Abuse                     57
                          National District Attorney Association
(e) For the purposes of this section, the terms "reasonable cause to suspect", "suspect",
"reasonably suspected", and "reasonable suspicion" mean a basis for reporting facts
leading a person of ordinary care and prudence to believe and entertain a reasonable
suspicion that criminal activity is occurring or has occurred.

D.C. CODE ANN. § 22-1011 (2010). Neglect of sick or disabled animals
[Formerly § 22-811]
If any maimed, sick, infirm, or disabled animal shall fail to receive proper food or shelter
from said owner or person in charge of the same for more than 5 consecutive hours, such
person shall, for every such offense, be punished in the same manner provided in § 22-
1001.

D.C. CODE ANN. § 22-1015 (2010). Penalty for engaging in animal
fighting [Formerly § 22-810.1]
(a) Any person who: (1) organizes, sponsors, conducts, stages, promotes, is employed at,
collects an admission fee for, or bets or wagers any money or other valuable
consideration on the outcome of an exhibition between two or more animals of fighting,
baiting, or causing injury to each other; (2) any person who owns, trains, buys, sells,
offers to buy or sell, steals, transports, or possesses any animal with the intent that it
engage in any such exhibition; (3) any person who knowingly allows any animal used for
such fighting or baiting to be kept, boarded, housed, or trained on, or transported in, any
property owned or controlled by him; (4) any person who owns, manages, or operates any
facility and knowingly allows that facility to be kept or used for the purpose of fighting or
baiting any animal; (5) any person who knowingly or recklessly permits any act
described in this subsection, to be done on any premises under his or her ownership or
control, or who aids or abets that act; or (6) any person who is knowingly present as a
spectator at any such exhibition, is guilty of a felony, punishable by a fine of not more
than $ 25,000, imprisonment not to exceed 5 years, or both. The court may also impose
any penalties listed in § 22-1001(a).

(b) Repealed.

(c) For the purposes of this section, the term:

  (1) "Animal" means a vertebrate other than a human, including, but not limited to, dogs
and cocks.

  (2) "Baiting" means to attack with violence, to provoke, or to harass an animal with one
or more animals for the purpose of training an animal for, or to cause an animal to engage
in, fights with or among other animals.

  (3) "Fighting" means an organized event wherein there is a display of combat between
2 or more animals in which the fighting, killing, maiming, or injuring of an animal is a
significant feature, or main purpose, of the event.

                    National Center for Prosecution of Child Abuse                          58
                          National District Attorney Association
FLORIDA
FLA. STAT. ANN. § 828.02 (2010). Definitions [Animals: Cruelty; Sales;
Animal Enterprise Protection]
In this chapter, and in every law of the state relating to or in any way affecting animals,
the word "animal" shall be held to include every living dumb creature; the words
"torture," "torment," and "cruelty" shall be held to include every act, omission, or neglect
whereby unnecessary or unjustifiable pain or suffering is caused, except when done in the
interest of medical science, permitted, or allowed to continue when there is reasonable
remedy or relief; and the words "owner" and "person" shall be held to include
corporations, and the knowledge and acts of agents and employees of corporations in
regard to animals transported, owned, employed by or in the custody of a corporation,
shall be held to be the knowledge and act of such corporation.

FLA. STAT. ANN. § 828.08 (2010). Penalty for exposing poison
Whoever leaves or deposits any poison or any substance containing poison, in any
common street, alley, lane, or thoroughfare of any kind, or in any yard or enclosure other
than the yard or enclosure occupied or owned by such person, shall be guilty of a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

FLA. STAT. ANN. § 828.12 (2010). Cruelty to animals
(1) A person who unnecessarily overloads, overdrives, torments, deprives of necessary
sustenance or shelter, or unnecessarily mutilates, or kills any animal, or causes the same
to be done, or carries in or upon any vehicle, or otherwise, any animal in a cruel or
inhumane manner, is guilty of a misdemeanor of the first degree, punishable as provided
in s. 775.082 or by a fine of not more than $ 5,000, or both.

(2) A person who intentionally commits an act to any animal which results in the cruel
death, or excessive or repeated infliction of unnecessary pain or suffering, or causes the
same to be done, is guilty of a felony of the third degree, punishable as provided in s.
775.082 or by a fine of not more than $ 10,000, or both.

  (a) A person convicted of a violation of this subsection, where the finder of fact
determines that the violation includes the knowing and intentional torture or torment of
an animal that injures, mutilates, or kills the animal, shall be ordered to pay a minimum
mandatory fine of $ 2,500 and undergo psychological counseling or complete an anger
management treatment program.

  (b) Any person convicted of a second or subsequent violation of this subsection shall be
required to pay a minimum mandatory fine of $ 5,000 and serve a minimum mandatory
period of incarceration of 6 months. In addition, the person shall be released only upon
                   National Center for Prosecution of Child Abuse                            59
                         National District Attorney Association
expiration of sentence, shall not be eligible for parole, control release, or any form of
early release, and must serve 100 percent of the court-imposed sentence. Any plea of nolo
contendere shall be considered a conviction for purposes of this subsection.

(3) A veterinarian licensed to practice in the state shall be held harmless from either
criminal or civil liability for any decisions made or services rendered under the
provisions of this section. Such a veterinarian is, therefore, under this subsection, immune
from a lawsuit for his or her part in an investigation of cruelty to animals.

(4) A person who intentionally trips, fells, ropes, or lassos the legs of a horse by any
means for the purpose of entertainment or sport shall be guilty of a third degree felony,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this
subsection, "trip" means any act that consists of the use of any wire, pole, stick, rope, or
other apparatus to cause a horse to fall or lose its balance, and "horse" means any animal
of any registered breed of the genus Equus , or any recognized hybrid thereof. The
provisions of this subsection shall not apply when tripping is used:

  (a) To control a horse that is posing an immediate threat to other livestock or human
beings;

  (b) For the purpose of identifying ownership of the horse when its ownership is
unknown; or

 (c) For the purpose of administering veterinary care to the horse.

FLA. STAT. ANN. § 828.121 (2010). Conduct of simulated bullfighting
exhibitions
It shall be unlawful, and punishable as a misdemeanor, for any person to conduct or
engage in a simulated or bloodless bullfighting exhibition.

FLA. STAT. ANN. § 828.122 (2010). Fighting or baiting animals; offenses;
penalties
(1) This act may be cited as "The Animal Fighting Act."

(2) As used in this section, the term:

  (a) "Animal fighting" means fighting between roosters or other birds or between dogs,
bears, or other animals.

  (b) "Baiting" means to attack with violence, to provoke, or to harass an animal with one
or more animals for the purpose of training an animal for, or to cause an animal to engage
in, fights with or among other animals. In addition, "baiting" means the use of live
animals in the training of racing greyhounds.

 (c) "Person" means every natural person, firm, copartnership, association, or

                    National Center for Prosecution of Child Abuse                        60
                          National District Attorney Association
corporation.

(3) Any person who knowingly commits any of the following acts commits a felony of
the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084:

 (a) Baiting, breeding, training, transporting, selling, owning, possessing, or using any
wild or domestic animal for the purpose of animal fighting or baiting;

  (b) Owning, possessing, or selling equipment for use in any activity described in
paragraph (a);

  (c) Owning, leasing, managing, operating, or having control of any property kept or
used for any activity described in paragraph (a) or paragraph (b);

  (d) Promoting, staging, advertising, or charging any admission fee to a fight or baiting
between two or more animals;

  (e) Performing any service or act to facilitate animal fighting or baiting, including, but
not limited to, providing security, refereeing, or handling or transporting animals or being
a stakeholder of any money wagered on animal fighting or baiting;

  (f) Removing or facilitating the removal of any animal impounded under this section
from an agency where the animal is impounded or from a location designated by the
court under subsection (4), subsection (5), or subsection (7), without the prior
authorization of the court;

  (g) Betting or wagering any money or other valuable consideration on the fighting or
baiting of animals; or

 (h) Attending the fighting or baiting of animals.

Notwithstanding any provision of this subsection to the contrary, possession of the
animal alone does not constitute a violation of this section.

(4) If a court finds probable cause to believe that a violation of this section or s. 828.12
has occurred, the court shall order the seizure of any animals and equipment used in
committing the violation and shall provide for appropriate and humane care or disposition
of the animals. This subsection is not a limitation on the power to seize animals as
evidence at the time of arrest.

(5) If an animal shelter or other location is unavailable, a court may order the animal to
be impounded on the property of its owner or possessor and shall order such person to
provide all necessary care for the animal and to allow regular inspections of the animal
by a person designated by the court.

(6) If a veterinarian finds that an animal kept or used in violation of this section is
                    National Center for Prosecution of Child Abuse                           61
                          National District Attorney Association
suffering from an injury or a disease severe enough that it is not possible to humanely
house and care for the animal pending completion of a hearing held under s. 828.073(2),
final disposition of the criminal charges, or court-ordered forfeiture, the veterinarian may
euthanize the animal as specified in s. 828.058. A veterinarian licensed to practice in this
state shall be held harmless from criminal or civil liability for any decisions made or
services rendered under this subsection.

(7) If an animal can be housed in a humane manner, the provisions of s. 828.073 shall
apply. For the purpose of a hearing provided pursuant to s. 828.073(2), any animal baited,
bred, trained, transported, sold, owned, possessed, or used for the purpose of animal
fighting or baiting shall be considered mistreated.

(8) In addition to other penalties prescribed by law, the court may issue an order
prohibiting a person who is convicted of a violation of this section from owning,
possessing, keeping, harboring, or having custody or control over any animals within the
species that are the subject of the conviction, or any animals kept for the purpose of
fighting or baiting, for a period of time determined by the court.

(9) This section shall not apply to:

  (a) Any person simulating a fight for the purpose of using the simulated fight as part of
a motion picture which will be used on television or in a motion picture, provided s.
828.12 is not violated.

  (b) Any person using animals to pursue or take wildlife or to participate in any hunting
regulated or subject to being regulated by the rules and regulations of the Fish and
Wildlife Conservation Commission.

 (c) Any person using animals to work livestock for agricultural purposes.

 (d) Any person violating s. 828.121.

  (e) Any person using dogs to hunt wild hogs or to retrieve domestic hogs pursuant to
customary hunting or agricultural practices.

(10) This section shall not prohibit, impede, or otherwise interfere with recognized
animal husbandry and training techniques or practices not otherwise specifically
prohibited by law.

FLA. STAT. ANN. § 828.13 (2010). Confinement of animals without
sufficient food, water, or exercise; abandonment of animals
(1) As used in this section:

  (a) "Abandon" means to forsake an animal entirely or to neglect or refuse to provide or
perform the legal obligations for care and support of an animal by its owner.

                    National Center for Prosecution of Child Abuse                        62
                          National District Attorney Association
 (b) "Owner" includes any owner, custodian, or other person in charge of an animal.

(2) Whoever:

  (a) Impounds or confines any animal in any place and fails to supply the animal during
such confinement with a sufficient quantity of good and wholesome food and water,

  (b) Keeps any animals in any enclosure without wholesome exercise and change of air,
or

 (c) Abandons to die any animal that is maimed, sick, infirm, or diseased,

is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or by
a fine of not more than $ 5,000, or by both imprisonment and a fine.

(3) Any person who is the owner or possessor, or has charge or custody, of any animal
who abandons such animal to suffer injury or malnutrition or abandons any animal in a
street, road, or public place without providing for the care, sustenance, protection, and
shelter of such animal is guilty of a misdemeanor of the first degree, punishable as
provided in s. 775.082 or by a fine of not more than $ 5,000, or by both imprisonment
and a fine.



GEORGRIA

GA. CODE ANN. § 16-12-4 (2010). Cruelty to animals
(a) As used in this Code section, the term:

  (1) "Animal" shall not include any fish nor shall such term include any pest that might
be exterminated or removed from a business, residence, or other structure.

  (2) "Conviction" shall include pleas of guilty or nolo contendere or probation as a first
offender pursuant to Article 3 of Chapter 8 of Title 42 and any conviction, plea of guilty
or nolo contendere, or probation as a first offender for an offense under the laws of the
United States or any of the several states that would constitute a violation of this Code
section if committed in this state.

  (3) "Willful neglect" means the intentional withholding of food and water required by
an animal to prevent starvation or dehydration.

(b) A person commits the offense of cruelty to animals when he or she causes death or
unjustifiable physical pain or suffering to any animal by an act, an omission, or willful
neglect. Any person convicted of a violation of this subsection shall be guilty of a
misdemeanor; provided, however, that:

                   National Center for Prosecution of Child Abuse                           63
                         National District Attorney Association
  (1) Any person who is convicted of a second or subsequent violation of this subsection
shall be punished by imprisonment not to exceed 12 months, a fine not to exceed
$5,000.00, or both; and

  (2) Any person who is convicted of a second or subsequent violation of this subsection
which results in the death of an animal shall be guilty of a misdemeanor of a high and
aggravated nature and shall be punished by imprisonment for not less than three months
nor more than 12 months, a fine not to exceed $10,000.00, or both, which punishment
shall not be suspended, probated, or withheld.

(c) A person commits the offense of aggravated cruelty to animals when he or she
knowingly and maliciously causes death or physical harm to an animal by rendering a
part of such animal's body useless or by seriously disfiguring such animal. A person
convicted of the offense of aggravated cruelty to animals shall be punished by
imprisonment for not less than one nor more than five years, a fine not to exceed
$15,000.00, or both, provided that any person who is convicted of a second or subsequent
violation of this subsection shall be punished by imprisonment for not less than one nor
more than five years, a fine not to exceed the amount provided by Code Section 17-10-8, or
both.

(d) Before sentencing a defendant for any conviction under this Code section, the
sentencing judge may require psychological evaluation of the offender and shall consider
the entire criminal record of the offender.

(e) The provisions of this Code section shall not be construed as prohibiting conduct
which is otherwise permitted under the laws of this state or of the United States,
including, but not limited to, agricultural, animal husbandry, butchering, food processing,
marketing, scientific, research, medical, zoological, exhibition, competitive, hunting,
trapping, fishing, wildlife management, or pest control practices or the authorized
practice of veterinary medicine nor to limit in any way the authority or duty of the
Department of Agriculture, Department of Natural Resources, any county board of
health, any law enforcement officer, dog, animal, or rabies control officer, humane
society, veterinarian, or private landowner protecting his or her property.
  (f)(1) Nothing in this Code section shall be construed as prohibiting a person from:

   (A) Defending his or her person or property, or the person or property of another,
from injury or damage being caused by an animal; or

    (B) Injuring or killing an animal reasonably believed to constitute a threat for injury
or damage to any property, livestock, or poultry.

  (2) The method used to injure or kill such animal shall be designed to be as humane as
is possible under the circumstances. A person who humanely injures or kills an animal
under the circumstances indicated in this subsection shall incur no civil or criminal
liability for such injury or death.
                   National Center for Prosecution of Child Abuse                         64
                         National District Attorney Association
GA. CODE ANN. § 4-8-5 (2010). Cruelty to dogs; authorized killing of
dogs
(a) No person shall perform a cruel act on any dog; nor shall any person harm, maim, or
kill any dog, or attempt to do so, except that a person may:

  (1) Defend his person or property, or the person or property of another, from injury or
damage being caused by a dog; or

 (2) Kill any dog causing injury or damage to any livestock or poultry.

(b) The method used for killing the dog shall be designed to be as humane as is possible
under the circumstances. A person who humanely kills a dog under the circumstances
indicated in subsection (a) of this Code section shall incur no liability for such death.

(c) This Code section shall not be construed to limit in any way the authority or duty of
any law enforcement officer, dog or rabies control officer, humane society, or
veterinarian.

GA. CODE ANN. § 4-11-15.1 (2010). Abandonment of domesticated
animal
Notwithstanding the provisions of Code Section 4-11-13, it shall be unlawful for any person
knowingly and intentionally to abandon any domesticated animal upon any public or
private property or public right of way. This Code section shall not be construed as
amending or otherwise affecting the provisions of Chapter 3 of this title, relating to
livestock running at large or straying.

GA. CODE ANN. § 16-6-6 (2010). Bestiality
(a) A person commits the offense of bestiality when he performs or submits to any sexual
act with an animal involving the sex organs of the one and the mouth, anus, penis, or
vagina of the other.

(b) A person convicted of the offense of bestiality shall be punished by imprisonment for
not less than one nor more than five years.



HAWAII

HAW. REV. STAT. ANN. § 711-1108.5 (2010). Cruelty to animals in the
first degree.
(1) A  person commits the offense of cruelty to animals in the first degree if the person
intentionally or knowingly tortures, mutilates, or poisons or causes the torture, mutilation,
or poisoning of any pet animal or equine animal resulting in serious bodily injury or
death of the pet animal or equine animal.
                    National Center for Prosecution of Child Abuse                         65
                          National District Attorney Association
(2) Subsection (1) shall not apply to:

 (a) Accepted veterinary practices;

  (b) Activities carried on for scientific research governed by standards of accepted
educational or medicinal practices; or

 (c) Cropping or docking as customarily practiced.

(3) Whenever any pet animal or equine animal is so severely injured that there is no
reasonable probability that its life can be saved, the animal may be immediately
destroyed without creating any offense under this section.

(4) Cruelty to animals in the first degree is a class C felony.

HAW. REV. STAT. ANN. § 711-1109 (2010). Cruelty to animals in the
second degree.
(1) A person commits the offense of cruelty to animals in the second degree if the person
intentionally, knowingly, or recklessly:

  (a) Overdrives, overloads, tortures, torments, beats, causes substantial bodily injury, or
starves any animal, or causes the overdriving, overloading, torture, torment, beating, or
starving of any animal;

 (b) Deprives a pet animal of necessary sustenance or causes such deprivation;

  (c) Mutilates, poisons, or kills without need any animal other than insects, vermin, or
other pests;

  (d) Keeps, uses, or in any way is connected with or interested in the management of, or
receives money for the admission of any person to, any place kept or used for the purpose
of fighting or baiting any bull, bear, cock, or other animal, and includes every person who
encourages, aids, or assists therein, or who permits or suffers any place to be so kept or
used;

  (e) Carries or causes to be carried, in or upon any vehicle or other conveyance, any
animal in a cruel or inhumane manner;

  (f) Confines or causes to be confined, in a kennel or cage, any pet animal in a cruel or
inhumane manner;

  (g) Tethers, fastens, ties, or restrains a dog to a dog house, tree, fence, or any other
stationary object by means of a choke collar, pinch collar, or prong collar; provided that a
person is not prohibited from using such restraints when walking a dog with a hand-held
leash or while a dog is engaged in a supervised activity; or
                    National Center for Prosecution of Child Abuse                         66
                            National District Attorney Association
  (h) Assists another in the commission of any act specified in subsections (1)(a) through
(1)(g).

(2) Subsection (1)(a), (b), (c), (e), (f), (g), and (h) shall not apply to:

  (a) Accepted veterinary practices;

  (b) Activities carried on for scientific research governed by standards of accepted
educational or medicinal practices; or

  (c) Pest control operations conducted pursuant to chapter 149A by a pest control
operator licensed pursuant to chapter 460J, if the pest control is performed under a
written contract.

(3) Whenever any animal is so severely injured that there is no reasonable probability that
its life or usefulness can be saved, the animal may be immediately destroyed without
creating any offense under this section.

(4) Cruelty to animals in the second degree is a misdemeanor.

HAW. REV. STAT. ANN. § 711-1109.3 (2010). Cruelty to animals; fighting
dogs.
(1) A person commits the offense of cruelty to animals if the person:

  (a) Owns or trains any dog with the intent that such dog shall be engaged in an
exhibition of fighting with another dog;

  (b) For amusement or gain, intentionally causes any dog to fight with another dog, or
causes any dog to injure another dog; or

  (c) Knowingly or recklessly permits any act in violation of paragraph (a) or (b) to be
done on the premises under the person's charge or control, or aids or abets any such act.

(2) Nothing in this section shall prohibit any of the following:

 (a) The use of dogs in the management of livestock by the owner of the livestock or the
owner's employees or agents or other persons in lawful custody thereof;

  (b) The use of dogs in hunting wildlife including game; or

  (c) The training of dogs or the use of equipment in the training of dogs for any purpose
not prohibited by law.

(3) Violation of this section shall be a class C felony.

                     National Center for Prosecution of Child Abuse                       67
                           National District Attorney Association
(4) If there is any conflict between this section and section 711-1109, or any other
provision of law, this section shall apply.

HAW. REV. STAT. ANN. § 711-1109.6 (2010). Animal
hoarding. [Repealed effective July 1, 2015.]
(1) A person commits the offense of animal hoarding if the person intentionally,
knowingly, or recklessly:

 (a) Possesses more than fifteen dogs, cats, or a combination of dogs and cats;

 (b) Fails to provide necessary sustenance for each dog or cat; and

  (c) Fails to correct the conditions under which the dogs or cats are living, where
conditions injurious to the dogs', cats', or owner's health and well-being result from the
person's failure to provide necessary sustenance.

(2) Animal hoarding is a misdemeanor.



IDAHO

IDAHO CODE ANN. § 25-3502 (2010). Definitions [Cruelty to Animals].
The following words and terms, when used in this chapter, shall have the following
meanings, unless the context clearly indicates otherwise:

  (1) "Abandon" means to completely forsake and desert an animal previously under the
custody or possession of a person without making reasonable arrangements for its proper
care, sustenance and shelter.

 (2) "Animal" means any vertebrate member of the animal kingdom, except man.

  (3) "Animal care and control agency" means any agency incorporated under the laws of
this state to which a county or municipality has conferred authority to exercise the powers
and duties set forth in this chapter based upon the agency's ability to fulfill the purposes
of this chapter.

  (4) "Companion animal" means those animals including, but not limited to, domestic
dogs, domestic cats, rabbits, companion birds, and other animals commonly kept as pets.

 (5) "Cruel" or "cruelty" shall mean any or all of the following:

   (a) The intentional and malicious infliction of pain, physical suffering, injury or death
upon an animal;

                   National Center for Prosecution of Child Abuse                            68
                         National District Attorney Association
   (b) To maliciously kill, maim, wound, overdrive, overload, drive when overloaded,
overwork, torture, torment, deprive of necessary sustenance, drink or shelter, cruelly beat,
mutilate or cruelly kill an animal;

    (c) To subject an animal to needless suffering, inflict unnecessary cruelty, drive, ride
or otherwise use an animal when same is unfit;

   (d) To abandon an animal;

    (e) To negligently confine an animal in unsanitary conditions or to negligently house
an animal in inadequate facilities; to negligently fail to provide sustenance, water or
shelter to an animal.

 (6) "Department" means the Idaho state department of agriculture.

  (7) "Department investigator" means a person employed by, or approved by, the Idaho
state department of agriculture, division of animal industries, to determine whether there
has been a violation of this chapter.

  (8) "Division" means the division of animal industries of the Idaho state department of
agriculture.

  (9) "Custodian" means any person who keeps or harbors an animal, has an animal in his
care or acts as caretaker of an animal.

 (10) "Malicious" or "maliciously" means the intentional doing of a wrongful act
without just cause or excuse, with an intent to inflict an injury or death.

 (11) "Owner" means any person who has a right of property in an animal.

  (12) "Person" means any individual, firm, corporation, partnership, other business unit,
society, association or other legal entity, any public or private institution, the state of
Idaho, or any municipal corporation or political subdivision of the state.

  (13) "Pound" means a place enclosed by public authority for the detention of stray
animals.

 (14) "Production animal" means, for purposes of this chapter:

   (a) The following animals if kept by the owner for the express purpose of producing
food or fiber: cattle, sheep, goats, swine, poultry, ratites;

   (b) Furbearing animals kept for the purpose of commercial fur production; and

    (c) Equines, domestic cervidae, and members of the camelidae family which includes
llamas and alpacas.
                    National Center for Prosecution of Child Abuse                        69
                          National District Attorney Association
IDAHO CODE ANN. § 25-3503 (2010). Poisoning animals
Every person who wilfully administers any poisonous substance to an animal, the
property of another, or maliciously places any poisonous substance where it would be
found by an animal or where it would attract an animal, with the intent that the same shall
be taken, ingested or absorbed by any such animal, is punishable by imprisonment in the
state prison not exceeding three (3) years, or in the county jail not exceeding one (1) year,
and a fine not less than one hundred dollars ($ 100) or more than five thousand dollars ($
5000).

IDAHO CODE ANN. § 25-3504 (2010). Committing cruelty to animals
Every person who is cruel to any animal, or who causes or procures any animal to be
cruelly treated, or who, having the charge or custody of any animal either as owner or
otherwise, subjects any animal to cruelty, is, for every such offense, guilty of a
misdemeanor and shall, upon conviction, be punished in accordance with section 25-3520A,
Idaho Code. Any law enforcement officer or animal care and control officer, subject to the
restrictions of section 25-3501A, Idaho Code, may take possession of the animal cruelly
treated, and provide care for the same, until final disposition of such animal is determined
in accordance with section 25-3520A or 25-3520B, Idaho Code.

IDAHO CODE ANN. § 25-3506 (2010). Exhibition of cockfights
Every person who participates in a public or private display of combat between two (2) or
more gamecocks in which the fighting, killing, maiming or injuring of gamecocks is a
significant feature is guilty of a misdemeanor and shall, upon conviction, be punished in
accordance with section 25-3520A, Idaho Code. Nothing in this section prohibits any
customary practice of breeding or rearing game fowl, regardless of the subsequent uses of
said game fowl.

IDAHO CODE ANN. § 25-3507 (2010). Exhibition of dogfights
(1) Every person who knowingly owns, possesses, keeps, trains, buys or sells dogs for the
purpose of a public or private display of combat between two (2) or more dogs in which
the fighting, killing, maiming or injuring of dogs is a significant feature is guilty of a
felony.

(2) Every person who knowingly advertises, promotes, organizes, participates or
knowingly has a monetary interest in a public or private display of combat between two
(2) or more dogs in which the fighting, killing, maiming or injuring of dogs is a
significant feature is guilty of a felony.

(3) Every person who is knowingly present as a spectator at any place where preparations
are being made for an exhibition of the fighting of dogs with the intent to be present at
such preparations or to be knowingly present at such exhibition shall be guilty of a
misdemeanor and shall, upon conviction, be punished in accordance with section 25-3520A,
Idaho Code.



                   National Center for Prosecution of Child Abuse                         70
                         National District Attorney Association
(4) Nothing in this section prohibits: demonstrations of the hunting, herding, working or
tracking skills of dogs or the lawful use of dogs for hunting, herding, working, tracking or
self and property protection; the use of dogs in the management of livestock or the
training, raising, breeding or keeping of dogs for any purpose not prohibited by law. An
exhibition of dogfighting shall not be construed to mean the type of confrontation that
happens unintentionally because of a chance encounter between two (2) or more
uncontrolled dogs.

IDAHO CODE ANN. § 25-3518 (2010). Beating and harassing animals
Every person who cruelly whips, beats or otherwise maliciously treats any animal, or
maliciously harasses with a dog any cattle, horses, sheep, hogs or other livestock shall be
guilty of a misdemeanor and shall, upon conviction, be punished in accordance with
section 25-3520A, Idaho Code.

IDAHO CODE ANN. § 18-6605 (2010). Crime against nature -- Punishment
Every person who is guilty of the infamous crime against nature, committed with
mankind or with any animal, is punishable by imprisonment in the state prison not less
than five years

IDAHO CODE ANN. § 18-6606 (2010). Crime against nature -- Penetration
Any sexual penetration, however slight, is sufficient to complete the crime against nature.



ILLINOIS
510 ILL. COMP. STAT. ANN. § 70/3.01 (2010). Cruel treatment
Sec. 3.01. Cruel treatment No person or owner may beat, cruelly treat, torment, starve,
overwork or otherwise abuse any animal.

No owner may abandon any animal where it may become a public charge or may suffer
injury, hunger or exposure.

A person convicted of violating this Section is guilty of a Class A misdemeanor. A
second or subsequent conviction for a violation of this Section is a Class 4 felony. In
addition to any other penalty provided by law, upon conviction for violating this Section,
the court may order the convicted person to undergo a psychological or psychiatric
evaluation and to undergo any treatment at the convicted person's expense that the court
determines to be appropriate after due consideration of the evidence. If the convicted
person is a juvenile or a companion animal hoarder, the court must order the convicted
person to undergo a psychological or psychiatric evaluation and to undergo treatment that
the court determines to be appropriate after due consideration of the evaluation.

510 ILL. COMP. STAT. ANN. § 70/3.02 (2010). Aggravated cruelty
Sec. 3.02. Aggravated cruelty. (a) No person may intentionally commit an act that causes
                   National Center for Prosecution of Child Abuse                         71
                         National District Attorney Association
a companion animal to suffer serious injury or death. Aggravated cruelty does not include
euthanasia of a companion animal through recognized methods approved by the
Department of Agriculture unless prohibited under subsection (b).

(b) No individual, except a licensed veterinarian as exempted under Section 3.09, may
knowingly or intentionally euthanize or authorize the euthanasia of a companion animal
by use of carbon monoxide.

(c) A person convicted of violating Section 3.02 is guilty of a Class 4 felony. A second or
subsequent violation is a Class 3 felony. In addition to any other penalty provided by law,
upon conviction for violating this Section, the court may order the convicted person to
undergo a psychological or psychiatric evaluation and to undergo any treatment at the
convicted person's expense that the court determines to be appropriate after due
consideration of the evaluation. If the convicted person is a juvenile or a companion
animal hoarder, the court must order the convicted person to undergo a psychological or
psychiatric evaluation and to undergo treatment that the court determines to be
appropriate after due consideration of the evaluation.

510 ILL. COMP. STAT. ANN. § 70/3.03 (2010). Animal torture
Sec. 3.03. Animal torture. (a) A person commits animal torture when that person without
legal justification knowingly or intentionally tortures an animal. For purposes of this
Section, and subject to subsection (b), "torture" means infliction of or subjection to
extreme physical pain, motivated by an intent to increase or prolong the pain, suffering,
or agony of the animal.

(b) For the purposes of this Section, "animal torture" does not include any death, harm, or
injury caused to any animal by any of the following activities:

(1) any hunting, fishing, trapping, or other activity allowed under the Wildlife Code [520
ILCS 5/1.1 et seq.], the Wildlife Habitat Management Areas Act [520 ILCS 20/0.01 et seq.],
or the Fish and Aquatic Life Code [515 ILCS 5/1-1 et seq.];

(2) any alteration or destruction of any animal done by any person or unit of government
pursuant to statute, ordinance, court order, or the direction of a licensed veterinarian;

(3) any alteration or destruction of any animal by any person for any legitimate purpose,
including, but not limited to: castration, culling, declawing, defanging, ear cropping,
euthanasia, gelding, grooming, neutering, polling, shearing, shoeing, slaughtering,
spaying, tail docking, and vivisection; and

(4) any other activity that may be lawfully done to an animal.

(c) A person convicted of violating this Section is guilty of a Class 3 felony. As a
condition of the sentence imposed under this Section, the court shall order the offender to
undergo a psychological or psychiatric evaluation and to undergo treatment that the court
determines to be appropriate after due consideration of the evaluation.
                   National Center for Prosecution of Child Abuse                        72
                         National District Attorney Association
510 ILL. COMP. STAT. ANN. § 70/3.03-1 (2010). Depiction of animal
cruelty
Sec. 3.03-1. Depiction of animal cruelty. (a) "Depiction of animal cruelty" means any
visual or auditory depiction, including any photograph, motion-picture film, video
recording, electronic image, or sound recording, that would constitute a violation of
Section 3.01, 3.02, 3.03, or 4.01 of the Humane Care for Animals Act [510 ILCS 70/3.01,
510 ILCS 70/3.02, 510 ILCS 70/3.03, or 510 ILCS 70/4.01] or Section 26-5 of the Criminal Code
of 1961 [720 ILCS 5/26-5].

(b) No person may knowingly create, sell, market, offer to market or sell, or possess a
depiction of animal cruelty. No person may place that depiction in commerce for
commercial gain or entertainment. This Section does not apply when the depiction has
religious, political, scientific, educational, law enforcement or humane investigator
training, journalistic, artistic, or historical value; or involves rodeos, sanctioned livestock
events, or normal husbandry practices.

The creation, sale, marketing, offering to sell or market, or possession of the depiction of
animal cruelty is illegal regardless of whether the maiming, mutilation, torture,
wounding, abuse, killing, or any other conduct took place in this State.

(c) Any person convicted of violating this Section is guilty of a Class A misdemeanor. A
second or subsequent violation is a Class 4 felony. In addition to any other penalty
provided by law, upon conviction for violating this Section, the court may order the
convicted person to undergo a psychological or psychiatric evaluation and to undergo any
treatment at the convicted person's expense that the court determines to be appropriate
after due consideration of the evaluation. If the convicted person is a juvenile, the court
shall order the convicted person to undergo a psychological or psychiatric evaluation and
to undergo treatment that the court determines to be appropriate after due consideration
of the evaluation.

510 ILL. COMP. STAT. ANN. § 70/16.1 (2010). Defenses
Sec. 16.1. Defenses. It is not a defense to violations of this Act for the person committing
the violation to assert that he or she had rights of ownership in the animal that was the
victim of the violation.

510 ILL. COMP. STAT. ANN. § 70/6 (2010). Poisoning prohibited
Sec. 6. Poisoning prohibited. No person may knowingly poison or cause to be poisoned
any dog or other domestic animal. The only exception will be by written permit from the
Department for the purpose of controlling diseases transmissible to humans or other
animals and only when all other methods and means have been exhausted. Such a written
permit shall name the person or persons conducting the poisoning, specify the products to
be used, give the boundaries of the area involved, and specify the precautionary measures
to be employed to insure the safety of humans and other animals.


                    National Center for Prosecution of Child Abuse                           73
                          National District Attorney Association
This Section does not prohibit the use of a euthanasia drug by a euthanasia agency for the
purpose of animal euthanasia, provided that the euthanasia drug is used by or under the
direction of a licensed veterinarian or certified euthanasia technician, all as defined in and
subject to the Humane Euthanasia in Animal Shelters Act [510 ILCS 72/1 et seq.].

A person convicted of violating this Section or any rule, regulation, or order of the
Department pursuant thereto is guilty of a Class A misdemeanor. A second or subsequent
violation is a Class 4 felony.

510 ILL. COMP. STAT. ANN. § 70/17 (2010). Penalties
Sec. 17. Penalties. (a) Any person convicted of any act of abuse or neglect or of violating
any other provision of this Act, for which a penalty is not otherwise provided, or any rule,
regulation, or order of the Department pursuant thereto, is guilty of a Class B
misdemeanor. A second or subsequent violation is a Class 4 felony with every day that a
violation continues constituting a separate offense.

(b) The Department may enjoin a person from a continuing violation of this Act.

510 ILL. COMP. STAT. ANN. § 70/18 (2010). Cross-reporting
Sec. 18. Cross-reporting. (a) An animal control officer, Department investigator, or
approved humane investigator who has reasonable cause to suspect or believe that a child
is being abused or neglected or is in danger of being abused or neglected must
immediately make a written or oral report to the Department of Children and Family
Services.

(b) Investigation Specialists, Intact Family Specialists, and Placement Specialists
employed by the Department of Children and Family Services who reasonably believe
that an animal observed by them when in their professional or official capacity is being
abused or neglected in violation of this Act must immediately make a written or oral
report to the Department of Agriculture's Bureau of Animal Health and Welfare.
However, the Department of Children and Family Services may not discipline an
Investigation Specialist, an Intact Family Specialist, or a Placement Specialist for failing
to make such a report if the Specialist determines that making the report would interfere
with the performance of his or her child welfare protection duties.

(c) Except for willful and wanton misconduct, any person, institution, or agency
described in subsection (a) or (b), participating in good faith in the making of a report or
referral, or in the investigation of such a report or referral, or in making a disclosure of
information concerning reports of abuse or neglect under this Act, shall have immunity
from any liability, civil, criminal, or otherwise, that might result by reason of such
actions.

(d) The identity of any person who reports animal abuse or neglect under subsection (a)
or (b) shall be confidential and shall not be disclosed except as specifically authorized by
this Act or other applicable law.

                    National Center for Prosecution of Child Abuse                         74
                          National District Attorney Association
(e) A home rule unit may not regulate the reporting of child abuse or neglect in a manner
inconsistent with the provisions of this Section. This Section is a limitation under
subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by
home rule units of powers and functions exercised by the State.



INDIANA

IND. CODE ANN. § 35-46-3-0.5 (2010). Definitions [Offenses relating to
animals].
The following definitions apply throughout this chapter:

  (1) "Abandon" means to desert an animal or to leave the animal permanently in a place
without making provision for adequate long term care of the animal. The term does not
include leaving an animal in a place that is temporarily vacated for the protection of
human life during a disaster.

  (2) "Beat" means to unnecessarily or cruelly strike an animal, or to throw the animal
against an object causing the animal to suffer severe pain or injury. The term does not
include reasonable training or disciplinary techniques.

  (3) "Mutilate" means to wound, injure, maim, or disfigure an animal by irreparably
damaging the animal's body parts or to render any part of the animal's body useless. The
term includes bodily injury involving:

    (A) serious permanent disfigurement;

    (B) serious temporary disfigurement;

   (C) permanent or protracted loss or impairment of the function of a bodily part or
organ; or

    (D) a fracture.

  (4) "Neglect" means:

   (A) endangering an animal's health by failing to provide or arrange to provide the
animal with food or drink, if the animal is dependent upon the person for the provision of
food or drink;

   (B) restraining an animal for more than a brief period in a manner that endangers the
animal's life or health by the use of a rope, chain, or tether that:

      (i) is less than three (3) times the length of the animal;

                      National Center for Prosecution of Child Abuse                              75
                            National District Attorney Association
         (ii) is too heavy to permit the animal to move freely; or

         (iii) causes the animal to choke;

   (C) restraining an animal in a manner that seriously endangers the animal's life or
health;

    (D) failing to:

         (i) provide reasonable care for; or

         (ii) seek veterinary care for;

     an injury or illness to a dog or cat that seriously endangers the life or health of the
dog or cat; or

    (E) leaving a dog or cat outside and exposed to:

      (i) excessive heat without providing the animal with a means of shade from the
heat; or

     (ii) excessive cold if the animal is not provided with straw or another means of
protection from the cold;

         regardless of whether the animal is restrained or kept in a kennel.

  (5) "Torture" means:

    (A) to inflict extreme physical pain or injury on an animal with the intent of
increasing or prolonging the animal's pain; or

    (B) to administer poison to a domestic animal (as defined in section 12(d) [IC 35-46-3-
12(d)]of this chapter) or expose a domestic animal to a poisonous substance with the
intent that the domestic animal ingest the substance and suffer harm, pain, or physical
injury.

Applicability of chapter -- Exempt activities -- Authorization for destruction of animal by
electrocution.

 (a) Except as provided in subsections (b) through (c), this chapter does not apply to the
following:

  (1) Fishing, hunting, trapping, or other conduct authorized under IC 14-22.

  (2) Conduct authorized under IC 15-20-2.
                       National Center for Prosecution of Child Abuse                          76
                             National District Attorney Association
 (3) Veterinary practices authorized by standards adopted under IC 25-38.1-2-14.

 (4) Conduct authorized by a local ordinance.

 (5) Acceptable farm management practices.

  (6) Conduct authorized by IC 15-17, and rules adopted under IC 15-17 for state or
federally inspected livestock slaughtering facilities and state or federal animal disease
control programs.

  (7) A research facility registered with the United States Department of Agriculture
under the federal Animal Welfare Act (7 U.S.C. 2131 et seq.).

 (8) Destruction of a vertebrate defined as a pest under IC 15-16-5-24.

 (9) Destruction of or injury to a fish.

 (10) Destruction of a vertebrate animal that is:

   (A) endangering, harassing, or threatening livestock or a domestic animal; or

   (B) destroying or damaging a person's property.

  (11) Destruction of an animal by an animal control program, including an animal
control facility, an animal shelter, or a humane society.

  (12) Destruction of an injured or ill animal by an individual to prevent the animal from
prolonged suffering.

  (13) Conduct not resulting in serious injury or illness to the animal that is incidental to
exhibiting an animal for show, competition, or display, or that is incidental to
transporting the animal for show, competition, or display.

 (14) Parking an animal.

 (15) Humane destruction of an animal that the person owns.

(b) Section 1 [IC 35-46-3-1] of this chapter applies to conduct described in subsection (a).

(c) Destruction of an animal by electrocution is authorized under this section only if it is
conducted by a person who is engaged in an acceptable farm management practice, by a
research facility registered with the United States Department of Agriculture under the
Animal Welfare Act, or for the animal disease diagnostic laboratory established under IC
21-46-3-1, a research facility licensed by the United States Department of Agriculture, a
college, or a university.
                    National Center for Prosecution of Child Abuse                          77
                          National District Attorney Association
IND. CODE ANN. § 35-46-3-7 (2010). Abandonment or neglect of
vertebrate animal -- Defense.
(a) A person who:

 (1) has a vertebrate animal in the person's custody; and

 (2) recklessly, knowingly, or intentionally abandons or neglects the animal;

  commits cruelty to an animal, a Class A misdemeanor. However, except for a
conviction under section 1 [IC 35-46-3-1] of this chapter, the offense is a Class D felony if
the person has a prior unrelated conviction under this chapter.

(b) It is a defense to a prosecution for abandoning a vertebrate animal under this section
that the person who had the animal in the person's custody reasonably believed that the
vertebrate animal was capable of surviving on its own.

(c) For purposes of this section, an animal that is feral is not in a person's custody.

IND. CODE ANN. § 35-46-3-9 (2010). Animal fighting contests prohibited.
A person who knowingly or intentionally:

 (1) Promotes or stages an animal fighting contest;

 (2) Uses an animal in a fighting contest; or

 (3) Attends an animal fighting contest having an animal in the person's possession;

 commits a Class D felony.

IND. CODE ANN. § 35-46-3-10 (2010). Attending animal fighting contest
prohibited.
A person who knowingly or intentionally attends a fighting contest involving animals
commits cruelty to an animal, a Class A misdemeanor. However, except for a conviction
under section 1 [IC 35-46-3-1] of this chapter, the offense is a Class D felony if the person
has a prior unrelated conviction under this chapter.

IND. CODE ANN. § 35-46-3-12 (2010). Cruelty to an animal --
Intentionally beating an animal.
(a) This section does not apply to a person who euthanizes an injured, a sick, a homeless,
or an unwanted domestic animal if:

  (1) the person is employed by a humane society, an animal control agency, or a
governmental entity operating an animal shelter or other animal impounding facility; and

                    National Center for Prosecution of Child Abuse                         78
                          National District Attorney Association
  (2) the person euthanizes the domestic animal in accordance with guidelines adopted by
the humane society, animal control agency, or governmental entity operating the animal
shelter or other animal impounding facility.

(b) A person who knowingly or intentionally beats a vertebrate animal commits cruelty to
an animal, a Class A misdemeanor. However, the offense is a Class D felony if:

 (1) the person has a previous, unrelated conviction under this section; or

  (2) the person committed the offense with the intent to threaten, intimidate, coerce,
harass, or terrorize a family or household member.

(c) A person who knowingly or intentionally tortures or mutilates a vertebrate animal
commits torturing or mutilating a vertebrate animal, a Class D felony.

(d) As used in this subsection, "domestic animal" means an animal that is not wild. The
term is limited to:

  (1) cattle, calves, horses, mules, swine, sheep, goats, dogs, cats, poultry, ostriches, rhea,
and emus; and

  (2) an animal of the bovine, equine, ovine, caprine, porcine, canine, feline, camelid,
cervidae, or bison species.

  A person who knowingly or intentionally kills a domestic animal without the consent of
the owner of the domestic animal commits killing a domestic animal, a Class D felony.

(e) It is a defense to a prosecution under this section that the accused person:

 (1) reasonably believes the conduct was necessary to:

     (A) prevent injury to the accused person or another person;

     (B) protect the property of the accused person from destruction or substantial damage;
or

     (C) prevent a seriously injured vertebrate animal from prolonged suffering; or

  (2) engaged in a reasonable and recognized act of training, handling, or disciplining the
vertebrate animal.

(f) When a court imposes a sentence or enters a dispositional decree under this section,
the court:

 (1) shall consider requiring:

                    National Center for Prosecution of Child Abuse                          79
                          National District Attorney Association
   (A) a person convicted of an offense under this section; or

   (B) a child adjudicated a delinquent child for committing an act that would be a crime
under this section if committed by an adult;

    to receive psychological, behavioral, or other counseling as a part of the sentence or
dispositional decree; and

  (2) may order an individual described in subdivision (1) to receive psychological,
behavioral, or other counseling as a part of the sentence or dispositional decree.

IND. CODE ANN. § 35-46-3-12.5 (2010). Domestic violence animal cruelty
-- Penalty.
A person who knowingly or intentionally kills a vertebrate animal with the intent to
threaten, intimidate, coerce, harass, or terrorize a family or household member commits
domestic violence animal cruelty, a Class D felony.

IND. CODE ANN. § 35-46-3-13 (2010). Cruelty to an animal -- Removal of
trained attack dog's vocal chords.
(a) A person who knowingly or intentionally removes the vocal cords of a trained attack
dog commits cruelty to an animal, a Class A misdemeanor.

(b) It is a defense to a prosecution under this section that the accused person reasonably
believes that the conduct was necessary to prevent a seriously injured dog from
prolonged injury.

IND. CODE ANN. § 35-46-3-14 (2010). Bestiality -- Penalty.
A person who knowingly or intentionally performs an act involving:

 (1) a sex organ of a person and the mouth or anus of an animal;

 (2) a sex organ of an animal and the mouth or anus of a person;

 (3) any penetration of the human female sex organ by an animal's sex organ; or

 (4) any penetration of an animal's sex organ by the human male sex organ;

 commits bestiality, a Class D felony.

IND. CODE ANN. § 35-46-3-15 (2010). Applicability of section --
Exemptions -- Destruction of animal -- Penalty.
(a) This section does not apply to the following:

 (1) A state or federally inspected livestock slaughtering facility (for conduct authorized
by IC 15-17-5 and rules adopted under that chapter).
                   National Center for Prosecution of Child Abuse                        80
                         National District Attorney Association
 (2) An animal disease diagnostic laboratory established under IC 21-46-3-1.

 (3) A postsecondary educational institution.

 (4) A research facility licensed by the United States Department of Agriculture.

(b) As used in this section, "animal" has the meaning set forth in IC 35-46-3-3.

(c) A person who knowingly or intentionally destroys or authorizes the destruction of an
animal by:

 (1) placing the animal in a decompression chamber and lowering the pressure of or the
oxygen content in the air surrounding the animal; or

 (2) electrocution;

 commits a Class B misdemeanor.



IOWA

IOWA CODE § 717B.1 (2010). Definitions. [Injury to animals other than
livestock]
Legislative Alert:
H. File 2280, 83rd Gen. Assem., 2nd Sess. (Ia. 2009) -- See section 25

 [*25] Sec. 25. Section 717B.1, Code 2009, is amended by adding the following new
subsection:

NEW SUBSECTION. 3A. "Department" means the department of agriculture and land
stewardship.
As used in this chapter:

1. "Animal" means a nonhuman vertebrate. However, "animal" does not include any of
the following:

a. Livestock, as defined in section 717.1.

b. Any game, fur-bearing animal, fish, reptile, or amphibian, as defined in section
481A.1, unless a person owns, confines, or controls the game, fur-bearing animal, fish,
reptile, or amphibian.

c. Any nongame species declared to be a nuisance pursuant to section 481A.42.

                      National Center for Prosecution of Child Abuse                      81
                            National District Attorney Association
2. "Animal care provider" means a person designated by a local authority to provide care
to an animal which is rescued by the local authority pursuant to section 717B.5.

3. Unless the context otherwise requires, "book", "list", "record", or "schedule" kept by a
county auditor, assessor, treasurer, recorder, sheriff, or other county officer means the
county system as defined in section 445.1.

4. "Dispositional expenses" means expenses incurred by a local authority in rescuing an
animal as provided in section 717B.5, maintaining the animal until the conclusion of a
dispositional proceeding as provided in section 717B.4, or disposing of the animal as
provided in section 717B.4.

5. "Law enforcement officer" means a regularly employed member of a police force of a
city or county, including a sheriff, who is responsible for the prevention and dedication of
crime and the enforcement of the criminal laws of this state.

6. "Local authority" means a city as defined in section 362.2 or a county as provided in
chapter 331.

7. "Maintenance" means to provide on-site or off-site care to neglected animals.

8. "Responsible party" means a person who owns or maintains an animal.

9. "Threatened animal" means an animal that is abused as provided in section 717B.2,
neglected as provided in section 717B.3, or tortured as provided in section 717B.3A.

IOWA CODE § 717B.2 (2010). Animal abuse.
A person is guilty of animal abuse if the person intentionally injures, maims, disfigures,
or destroys an animal owned by another person, in any manner, including intentionally
poisoning the animal. A person guilty of animal abuse is guilty of an aggravated
misdemeanor. This section shall not apply to any of the following:

1. A person acting with the consent of the person owning the animal, unless the action
constitutes animal neglect as provided in section 717B.3.

2. A person acting to carry out an order issued by a court.

3. A licensed veterinarian practicing veterinary medicine as provided in chapter 169.

4. A person acting in order to carry out another provision of law which allows the
conduct.

5. A person taking, hunting, trapping, or fishing for a wild animal as provided in chapter
481A.

                   National Center for Prosecution of Child Abuse                        82
                         National District Attorney Association
6. A person acting to protect the person's property from a wild animal as defined in
section 481A.1.

7. A person acting to protect a person from injury or death caused by a wild animal as
defined in section 481A.1.

8. A person reasonably acting to protect the person's property from damage caused by an
unconfined animal.

9. A person reasonably acting to protect a person from injury or death caused by an
unconfined animal.

10. A local authority reasonably acting to destroy an animal, if at the time of the
destruction, the owner of the animal is absent or unable to care for the animal, and the
animal is permanently distressed by disease or injury to a degree that would result in
severe and prolonged suffering.

11. A research facility, as defined in section 162.2, provided that the research facility
performs functions within the scope of accepted practices and disciplines associated with
the research facility.

IOWA CODE § 717B.3 (2010). Animal neglect.
1. A person who impounds or confines, in any place, an animal is guilty of animal
neglect, if the person does any of the following: fails to supply the animal during
confinement with a sufficient quantity of food or water; fails to provide a confined dog or
cat with adequate shelter; or tortures, deprives of necessary sustenance, mutilates, beats,
or kills an animal by any means which causes unjustified pain, distress, or suffering.

2. This section does not apply to a research facility, as defined in section 162.2, provided
that the research facility performs functions within the scope of accepted practices and
disciplines associated with the research facility.

3. A person who negligently or intentionally commits the offense of animal neglect is
guilty of a simple misdemeanor. A person who intentionally commits the offense of
animal neglect which results in serious injury to or the death of an animal is guilty of a
serious misdemeanor.

IOWA CODE § 717B.3A (2010). Animal torture.
1. A person is guilty of animal torture, regardless of whether the person is the owner of
the animal, if the person inflicts upon the animal severe physical pain with a depraved or
sadistic intent to cause prolonged suffering or death.

2. This section shall not apply to any of the following:

a. A person acting to carry out an order issued by a court.

                   National Center for Prosecution of Child Abuse                            83
                         National District Attorney Association
b. A licensed veterinarian practicing veterinary medicine as provided in chapter 169.

c. A person carrying out a practice that is consistent with animal husbandry practices.

d. A person acting in order to carry out another provision of law which allows the
conduct.

e. A person taking, hunting, trapping, or fishing for a wild animal as provided in chapter
481A.

f. A person acting to protect the person's property from a wild animal as defined in
section 481A.1.

g. A person acting to protect a person from injury or death caused by a wild animal as
defined in section 481A.1.

h. A person reasonably acting to protect the person's property from damage caused by an
unconfined animal.

i. A person reasonably acting to protect a person from injury or death caused by an
unconfined animal.

j. A local authority reasonably acting to destroy an animal, if at the time of the
destruction, the owner of the animal is absent or unable to care for the animal, and the
animal is permanently distressed by disease or injury to a degree that would result in
severe and prolonged suffering.

k. A research facility, as defined in section 162.2, provided that the research facility
performs functions within the scope of accepted practices and disciplines associated with
the research facility.

3. a. The following shall apply to a person who commits animal torture:

(1) For the first conviction, the person is guilty of an aggravated misdemeanor. The
sentencing order shall provide that the person submit to psychological evaluation and
treatment according to terms required by the court. The costs of the evaluation and
treatment shall be paid by the person. In addition, the sentencing order shall provide that
the person complete a community work requirement, which may include a work
requirement performed at an animal shelter or pound, as defined in section 162.2,
according to terms required by the court.

(2) For a second or subsequent conviction, the person is guilty of a class "D" felony. The
sentencing order shall provide that the person submit to psychological evaluation and
treatment according to terms required by the court. The costs of the psychological
evaluation and treatment shall be paid by the person.

                   National Center for Prosecution of Child Abuse                          84
                         National District Attorney Association
b. The juvenile court shall have exclusive original jurisdiction in a proceeding
concerning a child who is alleged to have committed animal torture, in the manner
provided in section 232.8. The juvenile court shall not waive jurisdiction in a proceeding
concerning an offense alleged to have been committed by a child under the age of
seventeen.

IOWA CODE § 717B.8 (2010). Abandonment of cats and dogs --
penalties.
A person who has ownership or custody of a cat or dog shall not abandon the cat or dog,
except the person may deliver the cat or dog to another person who will accept ownership
and custody or the person may deliver the cat or dog to an animal shelter or pound as
defined in section 162.2. A person who violates this section is guilty of a simple
misdemeanor.

IOWA CODE § 717C.1 (2010). Bestiality.
1. For purposes of this section:

a. "Animal" means any nonhuman vertebrate, either dead or alive.

b. "Sex act" means any sexual contact between a person and an animal by penetration of
the penis into the vagina or anus, contact between the mouth and genitalia, or by contact
between the genitalia of one and the genitalia or anus of the other.

2. A person who performs a sex act with an animal is guilty of an aggravated
misdemeanor.

3. Upon a conviction for a violation of this section, and in addition to any sentence
authorized by law, the court shall require the person to submit to a psychological
evaluation and treatment at the person's expense.



KANSAS
KAN. STAT. ANN. § 21-4310 (2009). Cruelty to animals.
Legislative Alert:
Repealed--effective as of July 1, 2011
H.B. 2668, 83rd Leg., Reg. Sess. (Kan.. 2009) -- See section 307.

(a) Cruelty to animals is:

(1) Intentionally and maliciously killing, injuring, maiming, torturing, burning or
mutilating any animal;

(2) intentionally abandoning or leaving any animal in any place without making
                    National Center for Prosecution of Child Abuse                      85
                          National District Attorney Association
provisions for its proper care;

(3) having physical custody of any animal and intentionally failing to provide such food,
potable water, protection from the elements, opportunity for exercise and other care as is
needed for the health or well-being of such kind of animal;

(4) intentionally using a wire, pole, stick, rope or any other object to cause an equine to
lose its balance or fall, for the purpose of sport or entertainment; or

(5) intentionally causing any physical injury other than the acts described in subsection
(a)(1).

(b) The provisions of this section shall not apply to:

(1) Normal or accepted veterinary practices;

(2) bona fide experiments carried on by commonly recognized research facilities;

(3) killing, attempting to kill, trapping, catching or taking of any animal in accordance
with the provisions of chapter 32 or chapter 47 of the Kansas Statutes Annotated;

(4) rodeo practices accepted by the rodeo cowboys' association;

(5) the humane killing of an animal which is diseased or disabled beyond recovery for
any useful purpose, or the humane killing of animals for population control, by the owner
thereof or the agent of such owner residing outside of a city or the owner thereof within a
city if no animal shelter, pound or licensed veterinarian is within the city, or by a licensed
veterinarian at the request of the owner thereof, or by any officer or agent of an
incorporated humane society, the operator of an animal shelter or pound, a local or state
health officer or a licensed veterinarian three business days following the receipt of any
such animal at such society, shelter or pound;

(6) with respect to farm animals, normal or accepted practices of animal husbandry,
including the normal and accepted practices for the slaughter of such animals for food or
by-products and the careful or thrifty management of one's herd or animals, including
animal care practices common in the industry or region;

(7) the killing of any animal by any person at any time which may be found outside of
the owned or rented property of the owner or custodian of such animal and which is
found injuring or posing a threat to any person, farm animal or property;

(8) an animal control officer trained by a licensed veterinarian in the use of a tranquilizer
gun, using such gun with the appropriate dosage for the size of the animal, when such
animal is vicious or could not be captured after reasonable attempts using other methods;

(9) laying an equine down for medical or identification purposes;
                    National Center for Prosecution of Child Abuse                          86
                          National District Attorney Association
(10) normal or accepted practices of pest control, as defined in subsection (x) of K.S.A. 2-
2438a, and amendments thereto; or

(11) accepted practices of animal husbandry pursuant to regulations promulgated by the
United States department of agriculture for domestic pet animals under the animal
welfare act, public law 89-544, as amended and in effect on July 1, 2006.

(c) As used in this section:

(1) "Equine" means a horse, pony, mule, jenny, donkey or hinny.

(2) "Maliciously" means a state of mind characterized by actual evil-mindedness or
specific intent to do a harmful act without a reasonable justification or excuse.

(d) (1) Cruelty to animals as described in subsection (a)(1) is a nonperson felony. Upon
conviction of this subsection, a person shall be sentenced to not less than 30 days or more
than one year's imprisonment and be fined not less than $ 500 nor more than $ 5,000.
During the mandatory 30 days imprisonment, such offender shall have a psychological
evaluation prepared for the court to assist the court in determining conditions of
probation. Such conditions shall include, but not be limited to, the completion of an anger
management program.

(2) The first conviction of cruelty to animals as described in subsection (a)(2), (a)(3),
(a)(4) and (a)(5) is a class A nonperson misdemeanor. The second or subsequent
conviction of cruelty to animals as described in subsection (a)(2), (a)(3), (a)(4) and (a)(5)
is a non-person felony. Upon such conviction, a person shall be sentenced to not less than
five days or more than one year's imprisonment and be fined not less than $ 500 nor more
than $ 2,500.

(e) For purposes of this section, "animal" shall have the meaning ascribed to it in K.S.A.
21-4313, and amendments thereto.



KAN. STAT. ANN. § 21-4315 (2009). Unlawful conduct of dog fighting;
unlawful attendance of dog fighting; unlawful possession of dog fighting
paraphernalia.
Legislative Alert:
Repealed--effective as of July 1, 2011
H.B. 2668, 83rd Leg., Reg. Sess. (Kan.. 2009) -- See section 307.

(a) Unlawful conduct of dog fighting is: (1) Causing, for amusement or gain, any dog to
fight with or injure another dog, (2) knowingly permitting such fighting or injuring on
premises under one's ownership, charge or control, or (3) training, owning, keeping,
transporting or selling any dog for the purpose or with the intent of having it fight with or

                    National Center for Prosecution of Child Abuse                        87
                          National District Attorney Association
injure another dog.

(b) Unlawful possession of dog fighting paraphernalia is possession of any breaking
stick, treadmill, wheel, hot walker, cat mill, cat walker, jenni, or other paraphernalia
together with evidence that the paraphernalia is being used or is intended for use in the
unlawful conduct of dog fighting.

(c) Unlawful attendance of dog fighting is entering or remaining on the premises where
the unlawful conduct of dog fighting is occurring.

(d) Unlawful conduct of dog fighting is a severity level 10, nonperson felony.

(e) Unlawful possession of dog fighting paraphernalia is a class A nonperson
misdemeanor.

(f) Unlawful attendance of dog fighting is a class B nonperson misdemeanor.

(g) This section and K.S.A. 21-4316 and 21-4317, and amendments thereto, shall be part of
and supplemental to the Kansas criminal code.

KAN. STAT. ANN. § 21-4317 (2009). Illegal ownership or keeping of an
animal.
Legislative Alert:
Repealed--effective as of July 1, 2011
H.B. 2668, 83rd Leg., Reg. Sess. (Kan.. 2009) -- See section 307.

(a) Illegal ownership or keeping of an animal is owning or keeping on one's premises an
animal by a person convicted of unlawful conduct of dog fighting under K.S.A. 21-4315,
and amendments thereto, or cruelty to animals as defined in subsection (a)(1) of K.S.A. 21-
4310, and amendments thereto, within five years of the date of such conviction.

(b) Illegal ownership or keeping of an animal is a class B nonperson misdemeanor.


KAN. STAT. ANN. § 21-4319 (2009). Unlawful conduct of cockfighting;
unlawful possession of cockfighting paraphernalia; unlawful attendance
of cockfighting.
Legislative Alert:
Repealed--effective as of July 1, 2011
H.B. 2668, 83rd Leg., Reg. Sess. (Kan.. 2009) -- See section 307.

(a) Unlawful conduct of cockfighting is: (1) Causing, for amusement or gain, any
gamecock to fight with or injure or kill another gamecock; (2) knowingly permitting such
fighting or injuring on premises under one's ownership, charge or control; or (3) training,
grooming, preparing or medicating any gamecock for the purpose or with the intent of
                      National Center for Prosecution of Child Abuse                        88
                            National District Attorney Association
having it fight with or injure or kill another gamecock.

(b) Unlawful possession of cockfighting paraphernalia is possession of spurs, gaffs,
swords, leather training spur covers or anything worn by a gamecock during a fight to
further the killing power of such gamecock.

(c) Unlawful attendance of cockfighting is entering or remaining on the premises where
the unlawful conduct of cockfighting is occurring.

(d) Unlawful conduct of cockfighting is a level 10 nonperson felony.

(e) Unlawful possession of cockfighting paraphernalia is a class A nonperson
misdemeanor.

(f) Unlawful attendance of cockfighting is a class B nonperson misdemeanor.

(g) As used in this section, "gamecock" means a domesticated fowl that is reared or
trained for the purpose of fighting with other fowl.

(h) The provisions of this section shall be part of and supplemental to the Kansas
criminal code.



KENTUCKY
KY. REV. STAT. ANN. § 525.125 (2010). Cruelty to animals in the first
degree.
(1) The following persons are guilty of cruelty to animals in the first degree whenever a
four-legged animal is caused to fight for pleasure or profit:

 (a) The owner of the animal;

  (b) The owner of the property on which the fight is conducted if the owner knows of the
fight;

 (c) Anyone who participates in the organization of the fight.

(2) Activities of animals engaged in hunting, field trials, dog training, and other activities
authorized either by a hunting license or by the Department of Fish and Wildlife shall not
constitute a violation of this section.

(3) Cruelty to animals in the first degree is a Class D felony.



                    National Center for Prosecution of Child Abuse                         89
                          National District Attorney Association
KY. REV. STAT. ANN. § 525.130 (2010). Cruelty to animals in the second
degree -- Exemptions.
(1) A person is guilty of cruelty to animals in the second degree when except as
authorized by law he intentionally or wantonly:

  (a) Subjects any animal to or causes cruel or injurious mistreatment through
abandonment, participates other than as provided in KRS 525.125 in causing it to fight for
pleasure or profit (including, but not limited to being a spectator or vendor at an event
where a four (4) legged animal is caused to fight for pleasure or profit), mutilation,
beating, torturing any animal other than a dog or cat, tormenting, failing to provide
adequate food, drink, space, or health care, or by any other means;

 (b) Subjects any animal in his custody to cruel neglect; or

  (c) Kills any animal other than a domestic animal killed by poisoning. This paragraph
shall not apply to intentional poisoning of a dog or cat. Intentional poisoning of a dog or
cat shall constitute a violation of this section.

(2) Nothing in this section shall apply to the killing of animals:

 (a) Pursuant to a license to hunt, fish, or trap;

 (b) Incident to the processing as food or for other commercial purposes;

 (c) For humane purposes;

 (d) For veterinary, agricultural, spaying or neutering, or cosmetic purposes;

  (e) For purposes relating to sporting activities, including but not limited to horse racing
at organized races and training for organized races, organized horse shows, or other
animal shows;

  (f) For bona fide animal research activities of institutions of higher education; or a
business entity registered with the United States Department of Agriculture under the
Animal Welfare Act or subject to other federal laws governing animal research;

 (g) In defense of self or another person against an aggressive or diseased animal;

 (h) In defense of a domestic animal against an aggressive or diseased animal;

 (i) For animal or pest control; or

 (j) For any other purpose authorized by law.

(3) Activities of animals engaged in hunting, field trials, dog training other than training a
dog to fight for pleasure or profit, and other activities authorized either by a hunting
                    National Center for Prosecution of Child Abuse                          90
                           National District Attorney Association
license or by the Department of Fish and Wildlife shall not constitute a violation of this
section.

(4) Cruelty to animals in the second degree is a Class A misdemeanor.

KY. REV. STAT. ANN. § 525.135 (2010). Torture of dog or cat.
(1) As used in this section, unless the context otherwise requires, "torture" means the
intentional infliction of or subjection to extreme physical pain or injury, motivated by an
intent to increase or prolong the pain of the animal.

(2) A person is guilty of torture of a dog or cat when he or she without legal justification
intentionally tortures a domestic dog or cat.

(3) Torture of a dog or cat is a Class A misdemeanor for the first offense and a Class D
felony for each subsequent offense if the dog or cat suffers physical injury as a result of
the torture, and a Class D felony if the dog or cat suffers serious physical injury or death
as a result of the torture.

(4) Nothing in this section shall apply to the killing or injuring of a dog or cat:

 (a) In accordance with a license to hunt, fish, or trap;

 (b) For humane purposes;

 (c) For veterinary, agricultural, spaying or neutering, or cosmetic purposes;

  (d) For purposes relating to sporting activities including but not limited to training for
organized dog or cat shows, or other animal shows in which a dog or a cat, or both,
participate;

  (e) For bona fide animal research activities, using dogs or cats, of institutions of higher
education; or a business entity registered with the United States Department of
Agriculture under the Animal Welfare Act or subject to other federal laws governing
animal research;

 (f) In defense of self or another person against an aggressive or diseased dog or cat;

 (g) In defense of a domestic animal against an aggressive or diseased dog or cat;

 (h) For animal or pest control; or

 (i) For any other purpose authorized by law.

(5) Activities of animals engaged in hunting, field trials, dog training other than training a
dog to fight for pleasure or profit, and other activities authorized either by a hunting
license or by the Department of Fish and Wildlife Resources shall not constitute a
                    National Center for Prosecution of Child Abuse                           91
                          National District Attorney Association
violation of this section.

(6) The acts specified in this section shall not constitute cruelty to animals under KRS
525.125 or 525.130.




LOUISIANA

LA. REV. STAT. ANN. § 14:102 (2010). Definitions; cruelty to animals
The following words, phrases, and terms as used in R.S. 14:102.1 through R.S. 14:102.4 shall
be defined and construed as follows:

  (1) "Cruel" means every act or failure to act whereby unjustifiable physical pain or
suffering is caused or permitted.

  (2) "Abandons" means to completely forsake and desert an animal previously under the
custody or possession of a person without making reasonable arrangements for its proper
care, sustenance, and shelter.

  (3) "Proper food" means providing each animal with daily food of sufficient quality and
quantity to prevent unnecessary or unjustifiable suffering by the animal.

  (4) "Proper water" means providing each animal with daily water of sufficient quality
and quantity to prevent unnecessary or unjustifiable suffering by the animal.

  (5) "Proper shelter" means providing each animal with adequate shelter from the
elements as required to prevent unnecessary or unjustifiable suffering by the animal.

  (6) "Proper veterinary care" means providing each animal with veterinary care
sufficient to prevent unnecessary or unjustifiable physical pain or suffering by the animal.

  (7) "Livestock" means cattle, sheep, swine, goats, horses, mules, burros, asses, other
livestock of all ages, farm-raised cervidae species, and farm-raised ratite species.

  (8) "Public livestock exhibition" means any place, establishment, or facility commonly
known as a "livestock market", "livestock auction market", "sales ring", "stockyard", or
the like, operated for compensation or profit as a public market for livestock, consisting
of pens, or other enclosures, and their appurtenances, in which livestock are received,
held, sold, or kept for sale or shipment. "Public livestock exhibition" also means any
public exhibition or sale of livestock or a livestock show.

  (9) "Tampers" means any of the following:

    (a) The injection, use, or administration of any drug or other internal or external

                    National Center for Prosecution of Child Abuse                         92
                          National District Attorney Association
administration of any product or material, whether gas, solid, or liquid, to livestock for
the purpose of concealing, enhancing, transforming, or changing the true conformation,
configuration, condition, natural color, or age of the livestock or making the livestock
appear more sound than they actually are.

    (b) The use or administration, for cosmetic purposes, of steroids, growth stimulants,
or internal artificial filling, including paraffin, silicone injection, or any other substance.

    (c) The use or administration of any drug or feed additive affecting the central
nervous system of the livestock, unless administered or prescribed by a licensed
veterinarian for the treatment of an illness or an injury.

    (d) The use or administration of diuretics for cosmetic purposes.

   (e) The surgical manipulation or removal of tissue so as to change, transform, or
enhance the true conformation, configuration, or natural color of the livestock unless the
procedure is considered an accepted livestock management practice.

LA. REV. STAT. ANN. § 14:102.1 (2010). Cruelty to animals; simple and
aggravated
A. (1) Any person who intentionally or with criminal negligence commits any of the
following shall be guilty of simple cruelty to animals:

    (a) Overdrives, overloads, drives when overloaded, or overworks a living animal.

    (b) Torments, cruelly beats, or unjustifiably injures any living animal, whether
belonging to himself or another.

    (c) Having charge, custody, or possession of any animal, either as owner or
otherwise, unjustifiably fails to provide it with proper food, proper drink, proper shelter,
or proper veterinary care.

    (d) Abandons any animal. A person shall not be considered to have abandoned an
animal if he delivers to an animal control center an animal which he found running at
large.

    (e) Impounds or confines or causes to be impounded or confined in a pound or other
place, a living animal and fails to supply it during such confinement with proper food,
proper drink, and proper shelter.

    (f) Carries, or causes to be carried, a living animal in or upon a vehicle or otherwise,
in a cruel or inhumane manner.

   (g) Unjustifiably administers any poisonous or noxious drug or substance to any
domestic animal or unjustifiably exposes any such drug or substance, with intent that the
same shall be taken or swallowed by any domestic animal.
                   National Center for Prosecution of Child Abuse                       93
                         National District Attorney Association
   (h) Injures any animal belonging to another person.

   (i) Mistreats any living animal by any act or omission whereby unnecessary or
unjustifiable physical pain, suffering, or death is caused to or permitted upon the animal.

   (j) Causes or procures to be done by any person any act enumerated in this
Subsection.

  (2) (a) Whoever commits the crime of simple cruelty to animals shall be fined not more
than one thousand dollars, or imprisoned for not more than six months, or both.

    (b) Whoever commits a second or subsequent offense of simple cruelty to animals
shall be fined not less than five thousand dollars nor more than twenty-five thousand
dollars or imprisoned, with or without hard labor, for not less than one year nor more than
ten years, or both. In addition, the court shall issue an order prohibiting the defendant
from owning or keeping animals for a period of time deemed appropriate by the court.

    (c) In addition to any other penalty imposed, a person who commits the crime of
cruelty to animals shall be ordered to perform five eight-hour days of court-approved
community service. The community service requirement shall not be suspended.

    (d) In addition to any other penalty imposed, the court may order a psychological
evaluation or anger management treatment for a first conviction of the crime of simple
cruelty to animals. For a second or subsequent offense of the crime of simple cruelty to
an animal, the court shall order a psychological evaluation or anger management
treatment. Any costs associated with any evaluation or treatment ordered by the court
shall be borne by the defendant.

  (3) For purposes of this Subsection, if more than one animal is subject to an act of cruel
treatment by an offender, each act shall constitute a separate offense.

B. (1) Any person who intentionally or with criminal negligence tortures, maims, or
mutilates any living animal, whether belonging to himself or another, shall be guilty of
aggravated cruelty to animals.

  (2) Any person who tampers with livestock at a public livestock exhibition or at a
private sale shall also be guilty of aggravated cruelty to animals.

  (3) Any person who causes or procures to be done by any person any act designated in
this Subsection shall also be guilty of aggravated cruelty to animals.

  (4) Any person who intentionally or with criminal negligence mistreats any living
animal whether belonging to himself or another by any act or omission which causes or
permits unnecessary or unjustifiable physical pain, suffering, or death to the animal shall
also be guilty of aggravated cruelty to animals.
                   National Center for Prosecution of Child Abuse                          94
                         National District Attorney Association
  (5) In addition to any other penalty imposed for a violation of this Subsection, the
offender shall be ordered to undergo a psychological evaluation and subsequently
recommended psychological treatment and shall be banned by court order from owning
or keeping animals for a period of time deemed appropriate by the court. Any costs
associated with any evaluation or treatment ordered by the court shall be borne by the
defendant.

  (6) Whoever commits the crime of aggravated cruelty to animals shall be fined not less
than five thousand dollars nor more than twenty-five thousand dollars or imprisoned,
with or without hard labor, for not less than one year nor more than ten years, or both.

 (7) For purposes of this Subsection, where more than one animal is tortured, maimed,
mutilated, or maliciously killed1 or where more than one head of livestock is tampered
with, each act comprises a separate offense.

  1As appears in enrolled bill.

C. This Section shall not apply to any of the following:

 (1) The lawful hunting or trapping of wildlife as provided by law.

 (2) Herding of domestic animals.

 (3) Accepted veterinary practices.

  (4) Activities carried on for scientific or medical research governed by accepted
standards.

 (5) Traditional rural Mardi Gras parades, processions, or runs involving chickens.

  (6) Nothing in this Section shall prohibit the standard transportation and agricultural
processing of agriculture products as defined in R.S. 3:3602(5) and (6).

D. Repealed by Acts 2007, No. 425, § 2, effective August 15, 2008.

LA. REV. STAT. ANN. § 14:102.5 (2010). Dogfighting; training and
possession of dogs for fighting
A. No person shall intentionally do any of the following:

  (1) For amusement or gain, cause any dog to fight with another dog, or cause any dogs
to injure each other.

  (2) Permit any act in violation of Paragraph (1) to be done on any premises under his
charge or control, or aid or abet any such act.

                   National Center for Prosecution of Child Abuse                           95
                         National District Attorney Association
 (3) Promote, stage, advertise, or be employed at a dogfighting exhibition.

  (4) Sell a ticket of admission or receive money for the admission of any person to any
place used, or about to be used, for any activity described in Paragraph (2).

 (5) Own, manage, or operate any facility kept or used for the purpose of dogfighting.

 (6) Knowingly attend as a spectator at any organized dogfighting event.

 (7) (a) Own, possess, keep, or train a dog for purpose of dogfighting.

   (b) The following activities shall be admissible as evidence of a violation of this
Paragraph:

      (i) Possession of any treadmill wheel, hot walker, cat mill, cat walker, jenni, or
other paraphernalia, together with evidence that the paraphernalia is being used or
intended for use in the unlawful training of a dog to fight with another dog, along with
the possession of any such dog.

     (ii) Tying, attaching, or fastening any live animal to a machine or power propelled
device, for the purpose of causing the animal to be pursued by a dog, together with the
possession of a dog.

     (iii) Possession or ownership of a dog exhibiting injuries or alterations consistent
with dogfighting, including but not limited to torn or missing ears, scars, lacerations, bite
wounds, puncture wounds, bruising or other injuries, together with evidence that the dog
has been used or is intended for use in dogfighting.

B. "Dogfighting" means an organized event wherein there is a display of combat between
two or more dogs in which the fighting, killing, maiming, or injuring of a dog is the
significant feature, or main purpose, of the event.

C. Whoever violates any provision of Subsection A of this Section shall be fined not less
than one thousand dollars nor more than twenty-five thousand dollars, or be imprisoned
with or without hard labor for not less than one year nor more than ten years, or both.

D. Nothing in this Section shall prohibit any of the following activities:

 (1) The use of dogs for hunting.

  (2) The use of dogs for management of livestock by the owner, his employees or
agents, or any other person having lawful custody of livestock.

  (3) The training of dogs or the possession or use of equipment in the training of dogs
for any purpose not prohibited by law.

                    National Center for Prosecution of Child Abuse                         96
                          National District Attorney Association
  (4) The possessing or owning of dogs with ears cropped or otherwise surgically altered
for cosmetic purposes.

E. Repealed by Acts 2008, No. 14, § 2, effective August 15, 2008.

LA. REV. STAT. ANN. § 14:102.10 (2010). Bear wrestling; penalty
A. Any person who intentionally commits any of the following shall be guilty of bear
wrestling:

 (1) Promotes, engages in, or is employed by anyone who conducts a bear wrestling
match.

 (2) Receives money for the admission of another person to a place kept for bear
wrestling matches.

 (3) Sells, purchases, possesses, or trains a bear for a bear wrestling match.

B. For the purposes of this Section, a "bear wrestling match" means a match or contest
between one or more persons and a bear for the purpose of fighting or engaging in a
physical altercation.

C. Whoever commits the crime of bear wrestling shall be fined not more than five
hundred dollars or imprisoned for not more than six months, or both.

LA. REV. STAT. ANN. § 14:102.13 (2010). Hearing to determine if dog is
dangerous or vicious
A. The district attorney, the sheriff, an animal control officer, or other designated
representative, in the name of and on behalf of the parish and without the payment of any
costs, shall be authorized to file a petition in the district court having jurisdiction
requesting a hearing for the purpose of determining whether or not a dog should be
declared dangerous as defined in R.S. 14:102.14(A) or vicious as defined in R.S. 14:102.15(A).

B. Upon the filing of the petition, the district judge shall immediately issue a rule on the
owner of the dog to show cause why the dog should not be declared a dangerous or
vicious dog. This rule shall, at the time of its issuance, be fixed for hearing not later than
five days, including Sundays, half-holidays and holidays, from the date of its issuance,
and shall be heard by preference over all other matters and cases fixed for the same day
and shall be heard continuously day after day until submitted for adjudication.

C. Upon the showing made by the parties on the trial of the rule to show cause, the court
shall determine whether the dog is a dangerous dog or a vicious dog and may make other
orders authorized by this Section.

D. In every case where the dog is established to be a dangerous dog, the court shall enter
an order declaring the dog to be a dangerous dog and shall direct the owner of the dog to
comply with conditions established for the restraint and confinement of the dog as
                    National Center for Prosecution of Child Abuse                       97
                          National District Attorney Association
provided by law.

E. In every case where the dog is established to be a vicious dog, the court shall enter an
order declaring the dog to be a vicious dog and shall direct that the vicious dog be
humanely euthanized.

F. Any person who fails to restrain and confine a dangerous dog as ordered by the court
shall be guilty of contempt and shall be fined not less than one hundred dollars nor more
than five hundred dollars.

G. The pleading and practice in all cases under this Section shall be in accordance with
the Code of Civil Procedure and the laws and rules of court governing practice before the
district courts of this state.

H. The owner of the dog may appeal to the court of competent jurisdiction an order of the
district court determining the dog to be dangerous or vicious. Such appeal shall be
perfected within five calendar days from the rendition of the order and shall be made
returnable to the appropriate appellate court in not more than fifteen calendar days from
the rendition of the order. The applicant for the determination may appeal to the court of
competent jurisdiction for an order reversing the order of the district court.

I. No dog shall be declared dangerous or vicious if at the hearing authorized by this
Section evidence presented is sufficient to establish any of the following:

 (1) Any injury or damage is sustained by a person who, at the time the injury or damage
was sustained, was committing a crime upon the property of the owner of the dog.

 (2) Any injury or damage is sustained by a person who, at the time the injury or damage
was sustained, was teasing, tormenting, abusing, or assaulting the dog.

  (3) Any injury or damage is sustained by a domestic animal which, at the time the
injury or damage was sustained, was teasing, tormenting, abusing, or assaulting the dog.

  (4) If the dog was protecting or defending a person within the immediate vicinity of the
dog from an unjustified attack or assault.

  (5) If the injury or damage to a domestic animal was sustained while the dog was
working as a hunting dog, herding dog, or predator control dog on the property of, or
under the control of, its owner, and the damage or injury was to a species or type of
domestic animal appropriate to the work of the dog.

J. The owner of a dog determined to be a vicious dog may be prohibited by the court
from owning, possessing, controlling, or having custody of any dog for a period of up to
three years, when it is found, after proceedings conducted pursuant to this Section, that
ownership or possession of a dog by that person would create a significant threat to the
health, safety, or welfare of the public.
                   National Center for Prosecution of Child Abuse                         98
                         National District Attorney Association
LA. REV. STAT. ANN. § 14:102.14 (2010). Unlawful ownership of
dangerous dog
A. For the purposes of this Section "dangerous dog" means:

  (1) Any dog which when unprovoked, on two separate occasions within the prior thirty-
six-month period, engages in any behavior that requires a defensive action by any person
to prevent bodily injury when the person and the dog are off the property of the owner of
the dog; or

 (2) Any dog which, when unprovoked, bites a person causing an injury; or

  (3) Any dog which, when unprovoked, on two separate occasions within the prior
thirty-six-month period, has killed, seriously bitten, inflicted injury, or otherwise caused
injury to a domestic animal off the property of the owner of the dog.

B. It is unlawful for any person to own a dangerous dog without properly restraining or
confining the dog.

C. A dangerous dog, while on the owner's property, shall, at all times, be kept indoors, or
in a secure enclosure. A dangerous dog may be off the owner's property only if it is
restrained by a leash which prevents its escape or access to other persons.

D. The owner of a dog determined by the court to be dangerous shall post signs around
the secure enclosure no more than thirty feet apart and at each normal point of ingress
and egress. The signs shall bear the words "Beware of Dog", or "Dangerous Dog" in
letters at least three and one-half inches high and shall be so placed as to be readily
visible to any person approaching the secure enclosure.

E. If the dog in question dies, or is sold, transferred, or permanently removed from the
municipality or parish where the owner resides, the owner of a dangerous dog shall notify
the animal control agency of the changed condition and new location of the dog in
writing within two days.

F. Whoever violates the provisions of this Section shall be fined not more than three
hundred dollars.

G. The provisions of this Section shall not apply to:

  (1) Any dog which is owned, or the service of which is employed, by any state or local
law enforcement agency for the principal purpose of aiding in the detection of criminal
activity, enforcement of laws, or apprehension of offenders.

  (2) Any dog trained in accordance with the standards of a national or regional search
and rescue association to respond to instructions from its handler in the search and rescue
of lost or missing individuals and which dog, together with its handler, is prepared to
render search and rescue services at the request of law enforcement.
                    National Center for Prosecution of Child Abuse                       99
                          National District Attorney Association
LA. REV. STAT. ANN. § 14:102.15 (2010). Unlawful ownership of a vicious
dog
A. For the purposes of this Section "vicious dog" means any dog which, when
unprovoked, in an aggressive manner, inflicts serious bodily injury on or kills a human
being and was previously determined to be a dangerous dog.

B. It is unlawful for any person to own a vicious dog.

C. Whoever violates the provisions of this Section shall be fined not more than five
hundred dollars or imprisoned for not more than six months, or both.

D. The provisions of this Section shall not apply to:

  (1) Any dog which is owned, or the service of which is employed, by any state or local
law enforcement agency for the principal purpose of aiding in the detection of criminal
activity, enforcement of laws, or apprehension of offenders.

  (2) Any dog trained in accordance with the standards of a national or regional search
and rescue association to respond to instructions from its handler in the search and rescue
of lost or missing individuals and which dog, together with its handler, is prepared to
render search and rescue services at the request of law enforcement.

LA. REV. STAT. ANN. § 14:102.19 (2010). Hog and canine fighting
prohibited; penalties
A. It shall be unlawful for any person to organize or conduct any commercial or private
event, wherein there is a display of combat or fighting among one or more domestic or
feral canines and feral or domestic hogs and in which it is intended or reasonably
foreseeable that the canines or hogs would be injured, maimed, mutilated, or killed.

B. It shall be unlawful for any person to intentionally do any of the following for the
purpose of organizing, conducting, or financially or materially supporting any event as
provided in Subsection A of this Section:

 (1) Finance, commercially advertise, sell admission tickets, or employ persons.

 (2) Own, manage, or operate any facility or property.

 (3) Supply, breed, train, or keep canines or hogs.

 (4) Knowingly purchase tickets of admission.

C. The provisions of this Section shall not apply to any competitive event in which
canines, which are trained for hunting or herding activities, are released in an open area
or an enclosed area to locate and corner hogs, and in which competitive points are

                   National Center for Prosecution of Child Abuse                       100
                         National District Attorney Association
deducted if a hog is caught and held, unless by such actions it is reasonably foreseeable
that the canines or hogs would be injured, maimed, mutilated, or killed.

D. The provisions of this Section shall not apply to the lawful hunting of hogs with
canines or the use of canines for the management, farming, or herding of hogs which are
livestock or the private training of canines for the purposes enumerated in this Subsection
provided that such training is conducted in the field and is not in violation of the
provisions of Subsection A of this Section.

E. The provisions of this Section shall not apply to "Uncle Earl's Hog Dog Trials," as
defined in R.S. 49:170.10.

F. Whoever violates the provisions of this Section shall be fined not more than one
thousand dollars, or imprisoned for not more than six months, or both.

G. For the purposes of this Section:

 (1) "Hog" shall include a pig, swine, or boar.

  (2) "Person" means an individual, corporation, partnership, trust, firm, association or
other legal entity.

LA. REV. STAT. ANN. § 14:102.23 (2010). Cockfighting
A. It shall be unlawful for any person to:

  (1) Organize or conduct any commercial or private cockfight wherein there is a display
of combat or fighting among one or more domestic or feral chickens and in which it is
intended or reasonably foreseeable that the chickens would be injured, maimed,
mutilated, or killed; or

  (2) Possess, train, purchase, or sell any chicken with the intent that the chicken shall be
engaged in an unlawful commercial or private cockfight as prohibited in Paragraph (1) of
this Subsection.

B. As used in this Section, the following words and phrases have the following meanings
ascribed to them:

  (1) "Chicken" means any bird which is of the species Gallus gallus, whether domestic
or feral.

  (2) "Cockfight" means a contest wherein chickens are set against one another with the
intention that they engage in combat.

C. (1) Whoever violates the provisions of this Section, on conviction of a first offense,
shall be fined not more than one thousand dollars, or imprisoned for not more than six
months, or both.
                    National Center for Prosecution of Child Abuse                       101
                          National District Attorney Association
  (2) On a conviction of a second offense, the offender shall be fined not less than seven
hundred fifty dollars, nor more than two thousand dollars, or imprisoned, with or without
hard labor, for not less than six months nor more than one year, or both. In addition to
any other penalty imposed, on a conviction of a second offense, the offender shall be
ordered to perform fifteen eight-hour days of court-approved community service. The
community service requirement shall not be suspended.

  (3) On a conviction of a third offense, the offender shall be fined not less than one
thousand dollars, nor more than two thousand dollars, and shall be imprisoned, with or
without hard labor, for not less than one year nor more than three years. At least six
months of the sentence imposed shall be served without benefit of parole, probation, or
suspension of sentence.




MAINE

ME. REV. STAT. ANN. tit. 17, § 1011 (2009). Definitions [Animal welfare]
As used in this chapter, and in every law relating to or affecting animals, unless the
context indicates otherwise, the following terms have the following meanings.

 1. ACT. "Act" means the Animal Welfare Act.

 2. ANIMAL. "Animal" means every living, sentient creature not a human being.

  3. ANIMAL CONTROL. "Animal control" means control of dogs, cats, domesticated
or undomesticated animals which may be a problem in the community and which are not
controlled by any other law.

  4. ANIMAL CONTROL OFFICER. "Animal control officer" means the person
appointed periodically by municipal officers pursuant to Title 7, chapter 725.

 5. REPEALED. Laws 1993, c. 657, § 43.

  5-A. ANIMAL SHELTER. "Animal shelter" means a facility that houses animals and
operates for the purpose of providing stray, abandoned, abused or owner-surrendered
animals with sanctuary or finding the animals temporary or permanent adoptive homes.

  6. AT LARGE. "At large" means off the premises of the owner and not under the
control of any person whose personal presence and attention would reasonably control
the conduct of the dog.

 7. REPEALED. Laws 1999, c. 254, § 18.

                   National Center for Prosecution of Child Abuse                        102
                         National District Attorney Association
  8. BOARDING KENNEL. "Boarding kennel" means any place, building, tract of land,
abode or vehicle in or on which privately owned dogs or other pets, or both, are kept for
their owners in return for a fee.

  8-A. BREEDING KENNEL. "Breeding kennel" means a location where 5 or more
adult dogs, wolf hybrids or cats capable of breeding are kept and some or all of the
offspring are offered for sale, sold or exchanged for value or a location where more than
16 dogs or cats raised on the premises are sold to the public in a 12-month period.
"Breeding kennel" does not include a kennel licensed by a municipality under Title 7,
section 3923-C when the dogs are kept primarily for hunting, show, training, sledding,
competition, field trials or exhibition purposes and not more than 16 dogs are offered for
sale, sold or exchanged for value within a 12-month period.

 9. BUSINESS DAY. "Business day" means any day of the calendar year other than a
Saturday, Sunday or legal holiday.

  10. CLERK; MUNICIPAL CLERK. "Clerk" or "municipal clerk" means the clerk of a
municipality, the deputy clerk or assistant clerk, where directed by the clerk, carrying out
the duties of this chapter.

  11. COMMISSIONER. "Commissioner" means the Commissioner of Agriculture, Food
and Rural Resources or his duly authorized agent.

 12. CONSTABLE. "Constable" means a law enforcement officer appointed by
municipal officers pursuant to law.

  12-A. EQUINE FACILITY. "Equine facility" means a boarding stable or commercial
riding facility.

  12-B. DOG. "Dog" means a member of the genus and species known as canis familiaris
or any canine, regardless of generation, resulting from the interbreeding of a member of
canis familiaris with a wolf hybrid as defined in subsection 30.

  13. SERVICE DOG KEPT FOR BREEDING PURPOSES. "Service dog kept for
breeding purposes" means a male or female dog owned by a nonprofit organization for
the purpose of producing puppies to be trained as service dogs and living with a resident
of the State.

  14. SERVICE DOG KEPT PRIOR TO TRAINING. "Service dog kept prior to
training" means a dog under 18 months of age, owned by a nonprofit organization for the
purpose of training as a service dog and living temporarily with a resident of the State
prior to training.

 15. HUMANE AGENT. "Humane agent" means an employee of the Department of
Agriculture, Food and Rural Resources who assists in enforcing this chapter.
                   National Center for Prosecution of Child Abuse                       103
                         National District Attorney Association
  15-A. HUMANE SOCIETY. "Humane society" means a nonprofit group or
organization incorporated for the purpose of providing physical service directly to abused
and abandoned animals, improving the conditions of animals, providing education
concerning animals or fund-raising to promote animal welfare.

  15-B. HUMANELY CLEAN CONDITIONS. "Humanely clean conditions" means that
both indoor areas and outdoor enclosures are cleaned on a periodic basis to remove
excretions and other waste materials, dirt and trash with sufficient frequency to minimize
health hazards and to provide adequately clean living conditions for the species of
animal.

  16. KEEPER. "Keeper" means a person in possession or control of a dog or other
animal. A person becomes the keeper of a stray domesticated animal, other than a dog or
livestock, if the person feeds that animal for at least 10 consecutive days.

  17. KENNEL. "Kennel" means 5 or more dogs or wolf hybrids kept in a single location
under one ownership for breeding, hunting, show, training, field trials, sledding,
competition or exhibition purposes. The sale or exchange of one litter of puppies within a
12-month period alone does not constitute the operation of a kennel.

  18. LAW ENFORCEMENT OFFICER. "Law enforcement officer" means any person
who, by virtue of his public employment, is vested by law with a duty to maintain public
order, enforce any law of this State establishing a civil violation, prosecute offenders or
make arrests for crimes, whether that duty extends to all crimes or is limited to specific
crimes.

  18-A. LIVESTOCK. "Livestock" means cattle; equines; sheep; goats; swine;
domesticated cervids, fowl and rabbits; members of the family Camelidae, genus lama
and genus vicugna; bison; and ratites.

 19. MUNICIPALITY. "Municipality" means a city, town or plantation.

  20. MUTILATE. "Mutilate" means to injure or disfigure by irreparably damaging body
parts. "Mutilate" does not include conduct performed by a licensed veterinarian or
conduct that conforms to accepted veterinary practices.

 21. OWNER. "Owner" means any person, firm, partnership, association or corporation
owning, keeping or harboring a dog or other animal.

  22. PERSON. "Person" means an individual, corporation, partnership, association or
any other legal entity.

 22-A. REPEALED. Laws 1997, c. 690, § 58.

 23. PET SHOP. "Pet shop" means a place or vehicle in or on which any dogs, cats,
                   National Center for Prosecution of Child Abuse                       104
                         National District Attorney Association
rodents, reptiles, fish, pet birds, exotic birds or exotic animals not born and raised on
those premises are kept for the purpose of sale to the public.

  24. RESPECTIVE MUNICIPALITY. "Respective municipality" means, in the case of
towns and cities, the municipality where the dog is found or in the case of unorganized
townships, the municipality near or adjacent to the unorganized township where the dog
is found or the designee of that municipality.

  24-A. SERVICE DOG. "Service dog" means a dog that meets the definition of "service
animal" set forth in Title 5, section 4553, subsection 9-D.

  25. SHELTER. "Shelter" means any building or physical structure or part of any
building or structure, other than a private dwelling, housing dogs or other animals and not
used for agricultural purposes or as a laboratory, research facility, medical facility or
educational institution.

  26. TORMENT, TORTURE AND CRUELTY. "Torment, torture and cruelty" means
every act, omission or neglect, whether by the owner or any other person, where
unjustifiable physical pain, suffering or death is caused or permitted.

  27. VERTEBRATE. "Vertebrate" means a subphylum of chordate animals comprising
those having a brain enclosed in a skull or cranium and a segmented spinal column,
including mammals, birds, reptiles, amphibians and fish.

  28. WARRANT. "Warrant" means an order of municipal officers directing a police
officer, constable, sheriff or animal control officer to enter a complaint and summons
against the owners or keepers of unlicensed dogs following notice of and noncompliance
with a violation of law.

  29. WELL CARED FOR. "Well cared for" means that the animal is receiving necessary
sustenance, necessary medical attention, proper shelter, protection from the weather and
humanely clean conditions and that the animal has not been nor is being injured,
overworked, tormented, tortured, abandoned, poisoned, beaten, mutilated or exposed to a
poison with the intent that it be taken by the animal.

  30. WOLF HYBRID. "Wolf hybrid" means a mammal that is the offspring of the
reproduction between any species of wild canid or wild canid hybrid and a domestic dog
or wild canid hybrid. "Wolf hybrid" includes a mammal that is represented by its owner
to be a wolf hybrid, coyote hybrid, coydog or any other kind of wild canid hybrid.

ME. REV. STAT. ANN. tit. 17, § 1031 (2009). Cruelty to animals
Legislative Alert:
Legis. Doc. 1598, 124th Leg., 2nd Reg. Sess. (Me. 2009)-- See section 2.

Sec. 2. 17 MRSA Section 1031, sub-Section 3-B, Paragraph A, as amended by PL 2007,
c. 439, Section 37, is further amended to read:
                    National Center for Prosecution of Child Abuse                          105
                          National District Attorney Association
A. In addition to any other penalty authorized by law, the court shall impose a fine of not
less than $ 500 for each violation of this section. The court may order the defendant to
pay the costs of the care, housing and veterinary medical treatment for the animal [A>
INCLUDING THE COSTS OF RELOCATING THE ANIMAL <A] .




1. CRUELTY TO ANIMALS. Except as provided in subsections 1-D and 1-E, a person,
including an owner or the owner's agent, is guilty of cruelty to animals if that person
intentionally, knowingly or recklessly:

   A. Kills or attempts to kill any animal belonging to another person
   without the consent of the owner or without legal privilege.
   Violation of this paragraph is a Class D crime;

   A-1. Violates paragraph A and, at the time of the offense, has 2 or
   more prior convictions for violations of this section, section 1032
   or essentially similar crimes in other jurisdictions. Violation of
   this paragraph is a Class C crime;

   B. Except for a licensed veterinarian or a person certified under
   section 1042, kills or attempts to kill an animal by a method that
   does not cause instantaneous death. Violation of this paragraph is a
   Class D crime;

   B-1. Violates paragraph B and, at the time of the offense, has 2 or
   more prior convictions for violations of this section, section 1032
   or essentially similar crimes in other jurisdictions. Violation of
   this paragraph is a Class C crime;

   C. If that person is a licensed veterinarian or a person certified
   under section 1042, kills or attempts to kill an animal by a method
   that does not conform to standards adopted by a national association
   of licensed veterinarians. Violation of this paragraph is a Class D
   crime;

   C-1. Violates paragraph C and, at the time of the offense, has 2 or
   more prior convictions for violations of this section, section 1032
   or essentially similar crimes in other jurisdictions. Violation of
   this paragraph is a Class C crime;

   D. Injures, overworks, tortures, torments, abandons or cruelly beats
   or intentionally mutilates an animal; gives drugs to an animal with
   an intent to harm the animal; gives poison or alcohol to an animal;
                   National Center for Prosecution of Child Abuse                       106
                         National District Attorney Association
or exposes a poison with intent that it be taken by an animal. The
owner or occupant of property is privileged to use reasonable force
to eject a trespassing animal. Violation of this paragraph is a
Class D crime;

D-1. Violates paragraph D and, at the time of the offense, has 2 or
more prior convictions for violations of this section, section 1032
or essentially similar crimes in other jurisdictions. Violation of
this paragraph is a Class C crime;

D-2. Abandons an animal in violation of paragraph D and that animal
dies as a result. Violation of this paragraph is a Class C crime;

E. Deprives an animal that the person owns or possesses of necessary
sustenance, necessary medical attention, proper shelter, protection
from the weather or humanely clean conditions. Violation of this
paragraph is a Class D crime;

E-1. Violates paragraph E and, at the time of the offense, has 2 or
more prior convictions for violations of this section, section 1032
or essentially similar crimes in other jurisdictions. Violation of
this paragraph is a Class C crime;

F. Keeps or leaves a domestic animal on an uninhabited or barren
island lying off the coast of the State during the month of December,
January, February or March without providing necessary sustenance and
proper shelter. Violation of this paragraph is a Class D crime;

F-1. Violates paragraph F and, at the time of the offense, has 2 or
more prior convictions for violations of this section, section 1032
or essentially similar crimes in other jurisdictions. Violation of
this paragraph is a Class C crime;

G. Hunts, traps or sells for the purpose of hunting any animal,
except as permitted pursuant to Title 7, chapter 202-A and Title
12, Part 13 . Violation of this paragraph is a Class D crime;

G-1. Violates paragraph G and, at the time of the offense, has 2 or
more prior convictions for violations of this section, section 1032
or essentially similar crimes in other jurisdictions. Violation of
this paragraph is a Class C crime;

H. Injects, inserts or causes ingestion of any substance used solely
to enhance the performance of an animal by altering the animal's
metabolism to that animal's detriment, including but not limited to
excessive levels of sodium bicarbonate in equines used for
                National Center for Prosecution of Child Abuse          107
                      National District Attorney Association
competition. Violation of this paragraph is a Class D crime;

H-1. Violates paragraph H and, at the time of the offense, has 2 or
more prior convictions for violations of this section, section 1032
or essentially similar crimes in other jurisdictions. Violation of
this paragraph is a Class C crime;

I. Commits bestiality on an animal. For purposes of this paragraph,
"commits bestiality" means that a person:

  1) Engages in a sexual act with an animal for the purpose of that
  person's sexual gratification;

  2) Coerces anyone to engage in a sexual act with an animal;

  3) Engages in a sexual act with an animal in the presence of a
  minor;

  4) Uses any part of the person's body or an object to sexually
  stimulate an animal;

  5) Videotapes a person engaging in a sexual act with an animal;
  or

  6) For the purpose of that person's sexual gratification, kills
  or physically abuses an animal.

For purposes of this paragraph, "sexual act" means any act between a
person and an animal involving direct physical contact between the
genitals of one and the mouth or anus of the other, or direct
physical contact between the genitals of one and the genitals of the
other. A sexual act may be proved without allegation or proof of
penetration.

This paragraph may not be construed to prohibit normal and accepted
practices of animal husbandry.

Violation of this paragraph is a Class D crime;

I-1. Violates paragraph I and, at the time of the offense, has 2 or
more prior convictions for violations of this section, section 1032
or essentially similar crimes in other jurisdictions. Violation of
this paragraph is a Class C crime;

J. Kills or tortures an animal to frighten or intimidate a person or
forces a person to injure or kill an animal. Violation of this
                National Center for Prosecution of Child Abuse         108
                      National District Attorney Association
   paragraph is a Class D crime;

   J-1. Violates paragraph J and, at the time of the offense, has 2 or
   more prior convictions for violations of this section, section 1032
   or essentially similar crimes in other jurisdictions. Violation of
   this paragraph is a Class C crime; or

   K. Confines an animal in a building, enclosure, car, boat, vehicle or
   vessel of any kind when extreme heat or extreme cold will be harmful
   to its health. Violation of this paragraph is a Class D crime.

 1-A. REPEALED. Laws 2003, c. 452, § I-14, eff. July 1, 2004.

  1-B. AGGRAVATED CRUELTY TO ANIMALS. A person is guilty of aggravated
cruelty to animals if that person, in a manner manifesting a depraved indifference to
animal life or suffering, intentionally, knowingly or recklessly:

   A. Causes extreme physical pain to an animal;

   B. Causes the death of an animal; or

   C. Physically tortures an animal.

Violation of this subsection is a Class C crime. Notwithstanding Title 17-A, section 1301, the
court shall impose a fine of not less than $ 1,000 and not more than $ 10,000 for a first or
subsequent violation of this subsection. The sentencing provisions in subsection 3-B also
apply to a person convicted of aggravated cruelty to animals.

  1-C. CAT OR DOG; EXCEPTIONS. Except as provided in subsections 1-D and 1-E, a
person is guilty of cruelty to animals if that person intentionally, knowingly or recklessly:

   A. Kills or attempts to kill a cat or dog. Violation of this
   paragraph is a Class D crime; or

   B. Violates paragraph A and, at the time of the offense, has 2 or
   more convictions for violations of this section, section 1032 or
   essentially similar crimes in other jurisdictions. Violation of this
   paragraph is a Class C crime.

  1-D. LICENSED VETERINARIAN. A licensed veterinarian or a person certified under
section 1042 may kill a cat or dog according to the methods of euthanasia under
subchapter 4.

  1-E. OWNER OR OWNER'S AGENT. A person who owns a cat or dog, or the owner's
agent, may kill that owner's cat or dog by shooting it with a firearm if the following
conditions are met:
                    National Center for Prosecution of Child Abuse                        109
                          National District Attorney Association
   A. The shooting is performed by a person 18 years of age or older
   using a weapon and ammunition of suitable caliber and other
   characteristics to produce instantaneous death by a single shot;

   B. Death is instantaneous;

   C. Maximum precaution is taken to protect the general public,
   employees and other animals; and

   D. Any restraint of the cat or dog during the shooting does not cause
   undue suffering.

  2. AFFIRMATIVE DEFENSE. It is an affirmative defense to prosecution under this
section that:

   A. The defendant's conduct conformed to accepted veterinary practice
   or was a part of scientific research governed by accepted standards;

   B. The defendant's conduct or that of the defendant's agent was
   designed to control or eliminate rodents, ants or other common pests
   on the defendant's own property;

   C. The defendant's conduct involved the use of live animals as bait
   or in the training of other animals in accordance with the laws of
   the Department of Inland Fisheries and Wildlife, Title 12, Part 13;
   or

   D. The animal is kept as part of an agricultural operation and in
   compliance with best management practices for animal husbandry as
   determined by the Department of Agriculture, Food and Rural
   Resources.

Evidence of proper care of any animal is not admissible in the defense of alleged cruelty
to other animals.

 3. REPEALED. Laws 2003, c. 452, § I-18, eff. July 1, 2004.

 3-A. REPEALED. Laws 2003, c. 452, § I-19, eff. July 1, 2004.

 3-B. PENALTIES. The following apply to violations of this section.

   A. In addition to any other penalty authorized by law, the court
   shall impose a fine of not less than $ 500 for each violation of this
   section. The court may order the defendant to pay the costs of the
   care, housing and veterinary medical treatment for the animal.
                   National Center for Prosecution of Child Abuse                     110
                         National District Attorney Association
   B. The court, as part of the sentence for a violation of this
   section, may prohibit the defendant from owning, possessing or having
   on the defendant's premises an animal or animals as determined by the
   court for a period of time, up to and including permanent
   relinquishment, as determined by the court. A person placed on
   probation for a violation of this section with a condition that
   prohibits owning, possessing or having an animal or animals on the
   probationer's premises is subject to revocation of probation and
   removal of the animal or animals at the probationer's expense if this
   condition is violated. The court as part of the sentence may order,
   as a condition of probation, that the defendant be evaluated to
   determine the need for psychiatric or psychological counseling and,
   if it is determined appropriate by the court, to receive psychiatric
   or psychological counseling at the defendant's expense.

   C. Title 17-A, section 9-A governs the use of prior convictions when
   determining a sentence.

   4. CRIMINAL OR CIVIL PROSECUTION. A person may be arrested or detained for
the crime of cruelty to animals in accordance with the rules of criminal procedure. A
person may not be arrested or detained for the civil violation of cruelty to animals. The
attorney for the State shall elect to charge a defendant with the crime of cruelty to
animals under this section or the civil violation of cruelty to animals under Title 7, section
4011. In making this election, the attorney for the State shall consider the severity of the
cruelty displayed, the number of animals involved, any prior convictions or adjudications
of animal cruelty entered against the defendant and such other factors as may be relevant
to a determination of whether criminal or civil sanctions will best accomplish the goals of
the animal welfare laws in the particular case before the attorney for the State. The
election and determination required by this subsection are not subject to judicial review.
The factors involved in such election and determination are not elements of the criminal
offense or civil violation of animal cruelty and are not subject to proof or disproof as
prerequisites or conditions for conviction under this subsection or adjudication under Title
7, section 4011.

  5. EXCEPTION. This section may not be construed to prohibit the shooting of wild
game in its wild state. This section may not be construed to prohibit the disposal of farm
animals using an acceptable animal husbandry practice.

ME. REV. STAT. ANN. tit. 17, § 1032 (2009). Cruelty to birds
1. CRUELTY TO BIRDS. A person is guilty of cruelty to birds if that person
intentionally, knowingly or recklessly:

   A. Keeps or uses any live pigeon, fowl or other bird for a target or
   to be shot at, either for amusement or as a test of skill in
   marksmanship. Violation of this paragraph is a Class D crime;
                    National Center for Prosecution of Child Abuse                        111
                          National District Attorney Association
   A-1. Violates paragraph A and, at the time of the offense, has 2 or
   more prior convictions for violations of this section, section 1031
   or essentially similar crimes in other jurisdictions. Violation of
   this paragraph is a Class C crime;

   B. Shoots at any bird or is present as a party, umpire or judge at
   such shooting. Violation of this paragraph is a Class D crime;

   B-1. Violates paragraph B and, at the time of the offense, has 2 or
   more prior convictions for violations of this section, section 1031
   or essentially similar crimes in other jurisdictions. Violation of
   this paragraph is a Class C crime;

   C. Rents any building, shed, room, yard, field or premises or
   knowingly suffers the use of the building, shed, room, yard, field or
   premises for any of the purposes described in paragraphs A and B.
   Violation of this paragraph is a Class D crime; or

   C-1. Violates paragraph C and, at the time of the offense, has 2 or
   more prior convictions for violations of this section, section 1031
   or essentially similar crimes in other jurisdictions. Violation of
   this paragraph is a Class C crime.

 2. PENALTY. The following apply to violations of this section.

   A. In addition to any other penalty authorized by law, the court
   shall impose a fine of not less than $ 100 for each violation of this
   section.

   B. Title 17-A, section 9-A governs the use of prior convictions when
   determining a sentence.

  3. EXCEPTION. Nothing in this section may be construed to prohibit the shooting of
wild game in its wild state or the shooting of birds at field trials under the supervision of
the Department of Inland Fisheries and Wildlife in accordance with Title 12, chapter 915,
subchapter 13.

  4. CRIMINAL OR CIVIL PROSECUTION. A person may not be arrested or detained
for cruelty to birds. The attorney for the State shall elect to charge a defendant with the
crime of cruelty to birds under this section or the civil violation of cruelty to birds under
Title 7, section 4012. In making this election, the attorney for the State shall consider the
severity of the cruelty displayed, the number of birds involved, any prior convictions or
adjudications of bird cruelty entered against the defendant and such other factors as may
be relevant to a determination of whether criminal or civil sanctions will best accomplish
the goals of the animal welfare laws in the particular case before the attorney for the
                    National Center for Prosecution of Child Abuse                        112
                          National District Attorney Association
State. The election and determination required by this subsection is not subject to judicial
review. The factors involved in such election and determination are not elements of the
criminal offense or civil violation of bird cruelty and are not subject to proof or disproof
as prerequisites or conditions for conviction under this subsection or adjudication under
Title 7, section 4012.

ME. REV. STAT. ANN. tit. 17, § 1033 (2009). Animal fighting
1. ANIMAL FIGHTING. A person is guilty of animal fighting if that person knowingly:

   A. Owns, possesses, keeps or trains any animal with the intent that
   the animal engage in an exhibition of fighting with another animal;

   B. For amusement or gain, causes any animal to fight with another
   animal or causes any animals to injure each other; or

   C. Permits any act in violation of paragraph A or B to be done on any
   premises under that person's charge or control.

  1-A. PENALTY. A person who violates subsection 1 commits a Class C crime. In
addition to any other penalty authorized by law, the court shall impose a fine of not less
than $ 500 for each violation of subsection 1.

  2. VIEWING ANIMAL FIGHTING. A person is guilty of viewing animal fighting if
that person knowingly is present at any place or building where preparations are being
made for an exhibition of the fighting of animals or is present at such an exhibition.

 2-A. PENALTY. A person who violates subsection 2 commits a Class D crime.

  3. AFFIRMATIVE DEFENSE. It is an affirmative defense to prosecution under
subsections 1 and 2 that the activity charged involves the possession, training, exhibition
or use of an animal in the otherwise lawful sport of animal hunting and the training or use
of hunting dogs. It is also an affirmative defense that the defendant's conduct involved the
use of live animals as bait or in the training of other animals in accordance with the laws
of the Department of Inland Fisheries and Wildlife, Title 12, Part 13.

  4. EXCEPTION. Activity involving the possession, training, exhibition or use of an
animal in the otherwise lawful pursuits of hunting, farming and security services is
exempt from subsections 1 and 2.

ME. REV. STAT. ANN. tit. 17, § 1035 (2009). Necessary sustenance
No person owning or responsible for confining or impounding any animal may fail to
supply the animal with a sufficient supply of food and water as prescribed in this section.

  1. FOOD. The food shall be of sufficient quantity and quality to maintain all animals in
good health.

                   National Center for Prosecution of Child Abuse                       113
                         National District Attorney Association
  2. WATER. If potable water is not accessible to the animal at all times, it must be
provided daily and in sufficient quantity for the health of the animal. Snow or ice is not
an adequate water source.

  3. PENALTY. Failure to provide a sufficient supply of food or water is a Class D
crime.

ME. REV. STAT. ANN. tit. 17, § 1036 (2009). Necessary medical attention
A person owning or responsible for confining or impounding any animal may not fail to
supply the animal with necessary medical attention when the animal is or has been
suffering from illness, injury, disease, excessive parasitism or malformed or overgrown
hoof. Failure to provide necessary medical attention is a Class D crime.

ME. REV. STAT. ANN. tit. 17, § 1037 (2009). Proper shelter; protection
from the weather and humanely clean conditions
No person owning or responsible for confining or impounding any animal may fail to
provide the animal with proper shelter, protection from the weather or humanely clean
conditions as prescribed in this section.

 1. INDOOR STANDARDS. Minimum indoor standards of shelter shall be as follows.

   A. The ambient temperature shall be compatible with the health of the
   animal.

   B. Indoor housing facilities shall be adequately ventilated by
   natural or mechanical means to provide for the health of the animal
   at all times.

  2. OUTDOOR STANDARDS. Minimum outdoor standards of shelter shall be as
follows.

   A. When sunlight is likely to cause heat exhaustion of an animal tied
   or caged outside, sufficient shade by natural or artificial means
   shall be provided to protect the animal from direct sunlight. As
   used in this paragraph, "caged" does not include farm fencing used to
   confine farm animals.

   B. Except as provided in subsections 5 and 7, shelter from inclement
   weather must be provided according to this paragraph.

     1) An artificial shelter, with a minimum of 3 sides and a
     waterproof roof, appropriate to the local climatic conditions for
     the species and breed of the animal must be provided as necessary
     for the health of the animal.

     2) If a dog is tied or confined unattended outdoors under weather
                    National Center for Prosecution of Child Abuse                       114
                           National District Attorney Association
     conditions that adversely affect the health of the dog, a shelter
     must be provided in accordance with subsection 7, paragraph A to
     accommodate the dog and protect it from the weather and, in
     particular, from severe cold. Inadequate shelter may be
     indicated by the shivering of the dog due to cold weather for a
     continuous period of 10 minutes or by symptoms of frostbite or
     hypothermia. A metal barrel is not adequate shelter for a dog.

   C. Repealed. Laws 2007, c. 702, § 50.

  3. SPACE STANDARDS. Minimum space requirements for both indoor and outdoor
enclosures shall include the following.

   A. The housing facilities shall be structurally sound and maintained
   in good repair to protect the animal from injury and to contain the
   animal.

   B. Enclosures shall be constructed and maintained to provide
   sufficient space to allow each animal adequate freedom of movement.
   Inadequate space may be indicated by evidence of overcrowding,
   debility, stress or abnormal behavior patterns.

  4. HUMANELY CLEAN CONDITIONS. Minimum standards of sanitation necessary
to provide humanely clean conditions for both indoor and outdoor enclosures shall
include periodic cleanings to remove excretions and other waste materials, dirt and trash
to minimize health hazards.

  5. LIVESTOCK. Livestock must be provided with shelter suitable for the health of the
animal. Livestock must have access to a constructed or natural shelter that is large
enough to accommodate all livestock comfortably at one time. The shelter should be well
drained and protect the livestock from direct sun, rain, wind and other inclement weather.
Notwithstanding this subsection, shelter for equines must be provided in accordance with
subsection 2, paragraph B, subparagraph (1). For purposes of this subsection, "livestock"
includes large game as defined in Title 7, section 1341, subsection 5 kept at a licensed
commercial large game shooting area as defined in Title 7, section 1341, subsection 1.

  6. PENALTY. Failure to provide shelter in accordance with this section is a Class D
crime.

  7. DOGS CONFINED BY TETHERING FOR LONG TIME PERIODS. In addition to
the requirements of subsection 2, paragraph B, subparagraph (2), when tethering is the
primary means of confinement for a dog, the standards for shelter and tethering are as
follows:

   A. A shelter must be provided that is fully enclosed except for a
   portal. The portal must be of a sufficient size to allow the dog
                   National Center for Prosecution of Child Abuse                       115
                         National District Attorney Association
   unimpeded passage into and out of the structure. For dogs other than
   arctic breeds, the portal must be constructed with a baffle or other
   means of keeping wind and precipitation out of the interior. The
   shelter must be constructed of materials with a thermal resistance
   factor of 0.9 or greater and must contain clean bedding material
   sufficient to retain the dog's normal body heat; and

   B. The chain or tether must be attached to both the dog and the
   anchor using swivels or similar devices that prevent the chain or
   tether from becoming entangled or twisted. The chain or tether must
   be attached to a well-fitted collar or harness on the dog. For dogs
   other than dogs kept as sled dogs or dogs used in competition, the
   chain or tether must be at least 5 times the length of the dog
   measured from the tip of its nose to the base of its tail. For dogs
   kept as sled dogs or dogs used in competition, the chain or tether
   must be:

     1) At least 2.5 times the length of the dog measured from the tip
     of its nose to the base of its tail if the anchor is stationary;
     or

     2) At least 1.5 times the length of the dog measured from the tip
     of its nose to the base of its tail if the anchor is a pivot
     point allowing a 360 degrees area of movement.

For the purposes of this subsection, "primary means of confinement" means the method
used to confine a dog for periods of time that exceed 12 hours in a 24-hour period. For
the purposes of this subsection, "arctic breeds" means Siberian Huskies, Alaskan
Huskies, Alaskan Malamutes and other dogs with a double-layered coat and bred to live
in an arctic climate and "dogs kept as sled dogs or dogs used in competition" means dogs
regularly and consistently used in training or participation in competitive or recreational
sled dog activities or other competition canine events.

For the purposes of this subsection, "primary means of confinement" means the method
used to confine a dog for periods of time that exceed 12 hours in a 24-hour period. For
the purposes of this subsection, "arctic breeds" means Siberian Huskies, Alaskan
Huskies, Alaskan Malamutes and other dogs with a double-layered coat and bred to live
in an arctic climate.

ME. REV. STAT. ANN. tit. 17, § 1037-A (2009). Affirmative defense
It is an affirmative defense to alleged violations of sections 1035, 1036 and 1037 that the
animal is kept as part of an agricultural operation and in compliance with best
management practices for animal husbandry as determined by the Department of
Agriculture, Food and Rural Resources.


                   National Center for Prosecution of Child Abuse                       116
                         National District Attorney Association
ME. REV. STAT. ANN. tit. 17, § 1038 (2009). Animals abandoned at
animal care facilities
Abandoning an animal at a veterinarian's office, boarding kennel, animal grooming
facility or animal day-care facility is a Class D crime.

  1. DETERMINATION OF ABANDONMENT. There is a rebuttable presumption of
abandonment if an owner:

   A. Places an animal in the custody of a licensed veterinarian for
   treatment, boarding or other care, or in a boarding kennel, animal
   grooming facility or animal day-care facility for services offered by
   that facility; and

   B. Fails to claim the animal within 10 days after written notice is
   sent in accordance with subsection 2.

  2. NOTICE REQUIREMENT. Before any animal may be considered abandoned under
this section, a veterinarian's office, boarding kennel, animal grooming facility or animal
day-care facility shall send written notice, by registered or certified mail, return receipt
requested, to the owner or keeper at the owner's or keeper's last known address. Proof of
attempted delivery constitutes sufficient notice.

  3. OWNERSHIP OF ABANDONED ANIMAL. When an owner or keeper fails to
claim an animal within 10 days of a notice being sent under subsection 2, the
veterinarian, kennel, facility or individual who has custody and control of the animal is
considered the owner of the animal and shall arrange for its care, including, but not
limited to, its adoption, sale or placement with a licensed animal shelter.

  4. FINANCIAL OBLIGATION. The disposal of an abandoned animal under this
section does not relieve the owner or keeper of the animal of any financial obligation,
including, but not limited to, costs incurred for veterinary treatment, boarding, grooming
or other care.

  5. PENALTY. In addition to the penalties provided in Title 17-A for a Class D crime,
the penalties in section 1031, subsection 3-B also apply.



MARYLAND

MD. CODE ANN., CRIM. LAW § 10-601 (2010). Definitions [Crimes
relating to animals]
(a) In general. -- In this subtitle the following words have the meanings indicated.

** REVISOR'S NOTE
                   National Center for Prosecution of Child Abuse                        117
                         National District Attorney Association
  This subsection is new language added as the standard introductory language to a
definition section.

(b) Animal. -- "Animal" means a living creature except a human being.

** REVISOR'S NOTE

  This subsection is new language derived without substantive change from former Art.
27, § 62, as it defined "animal".

(c) Cruelty. --

  (1) "Cruelty" means the unnecessary or unjustifiable physical pain or suffering caused
or allowed by an act, omission, or neglect.

  (2) "Cruelty" includes torture and torment.

** REVISOR'S NOTE

  This subsection is new language derived without substantive change from former Art.
27, § 62, as it defined "cruelty".

(d) Humane society. -- "Humane society" means a society or association incorporated in
Maryland for the prevention of cruelty to animals.

** REVISOR'S NOTE

  This subsection is new language derived without substantive change from former Art.
27, §§ 60B and 63, as they related to humane societies.

MD. CODE ANN., CRIM. LAW § 10-602 (2010). Legislative intent
It is the intent of the General Assembly that each animal in the State be protected from
intentional cruelty, including animals that are:

  (1) privately owned;

  (2) strays;

  (3) domesticated;

  (4) feral;

  (5) farm animals;

  (6) corporately or institutionally owned; or
                      National Center for Prosecution of Child Abuse                   118
                            National District Attorney Association
  (7) used in privately, locally, State, or federally funded scientific or medical activities.

MD. CODE ANN., CRIM. LAW § 10-603 (2010). Application of §§ 10-601
through 10-608
Sections 10-601 through 10-608 of this subtitle do not apply to:

  (1) customary and normal veterinary and agricultural husbandry practices including
dehorning, castration, tail docking, and limit feeding;

  (2) research conducted in accordance with protocols approved by an animal care and
use committee, as required under the federal Animal Welfare Act or the federal Health
Research Extension Act;

  (3) an activity that may cause unavoidable physical pain to an animal, including food
processing, pest elimination, animal training, and hunting, if the person performing the
activity uses the most humane method reasonably available; or

  (4) normal human activities in which the infliction of pain to an animal is purely
incidental and unavoidable.

MD. CODE ANN., CRIM. LAW § 10-604 (2010). Abuse or neglect of animal
(a) Prohibited. -- A person may not:

  (1) overdrive or overload an animal;

  (2) deprive an animal of necessary sustenance;

  (3) inflict unnecessary suffering or pain on an animal;

  (4) cause, procure, or authorize an act prohibited under item (1), (2), or (3) of this
subsection; or

  (5) if the person has charge or custody of an animal, as owner or otherwise,
unnecessarily fail to provide the animal with nutritious food in sufficient quantity,
necessary veterinary care, proper drink, air, space, shelter, or protection from the weather.

(b) Penalty. --

  (1) A person who violates this section is guilty of a misdemeanor and on conviction is
subject to imprisonment not exceeding 90 days or a fine not exceeding $ 1,000 or both.

  (2) As a condition of sentencing, the court may order a defendant convicted of violating
this section to participate in and pay for psychological counseling.


                    National Center for Prosecution of Child Abuse                          119
                          National District Attorney Association
MD. CODE ANN., CRIM. LAW § 10-605 (2010). Attending dogfights or
cockfights
(a) Dogfighting. -- A person may not knowingly attend a deliberately conducted dogfight
as a spectator.

(b) Cockfighting. -- A person may not knowingly attend as a spectator a deliberately
conducted event that uses a fowl, cock, or other bird to fight with another fowl, cock, or
other bird.

(c) Penalty. --

  (1) A person who violates this section is guilty of a misdemeanor and on conviction is
subject to imprisonment not exceeding 1 year or a fine not exceeding $ 2,500 or both.

  (2) As a condition of sentencing, the court may order a defendant convicted of violating
this section to participate in and pay for psychological counseling.

MD. CODE ANN., CRIM. LAW § 10-606 (2010). Aggravated cruelty to
animals -- In general
(a) Prohibited. -- A person may not:

  (1) intentionally mutilate, torture, cruelly beat, or cruelly kill an animal;

  (2) cause, procure, or authorize an act prohibited under item (1) of this subsection; or

  (3) except in the case of self-defense, intentionally inflict bodily harm, permanent
disability, or death on an animal owned or used by a law enforcement unit.

(b) Penalty. --

  (1) A person who violates this section is guilty of the felony of aggravated cruelty to
animals and on conviction is subject to imprisonment not exceeding 3 years or a fine not
exceeding $ 5,000 or both.

  (2) As a condition of sentencing, the court may order a defendant convicted of violating
this section to participate in and pay for psychological counseling.

MD. CODE ANN., CRIM. LAW § 10-607 (2010). Aggravated cruelty to
animals -- Certain activities related to dogfights prohibited
(a) Prohibited activities. -- A person may not:

  (1) use or allow a dog to be used in a dogfight;

  (2) arrange or conduct a dogfight;

                    National Center for Prosecution of Child Abuse                       120
                          National District Attorney Association
  (3) possess, own, sell, transport, or train a dog with the intent to use the dog in a
dogfight; or

  (4) knowingly allow premises under the person's ownership, charge, or control to be
used to conduct a dogfight.

(b) Penalty. --

  (1) A person who violates this section is guilty of the felony of aggravated cruelty to
animals and on conviction is subject to imprisonment not exceeding 3 years or a fine not
exceeding $ 5,000 or both.

  (2) As a condition of sentencing, the court may order a defendant convicted of violating
this section to participate in and pay for psychological counseling.

MD. CODE ANN., CRIM. LAW § 10-608 (2010). Aggravated cruelty to
animals -- Certain activities related to cockfights prohibited
(a) Definitions. --

  (1) In this section, "implement of cockfighting" means any implement or device
intended or designed:

    (i) to enhance the fighting ability of a fowl, cock, or other bird; or

    (ii) for use in a deliberately conducted event that uses a fowl, cock, or other bird to
fight with another fowl, cock, or other bird.

  (2) "Implement of cockfighting" includes:

    (i) a gaff;

    (ii) a slasher;

    (iii) a postiza;

    (iv) a sparring muff; and

   (v) any other sharp implement designed to be attached in place of the natural spur of a
gamecock or other fighting bird.

(b) Prohibited acts. -- A person may not:

  (1) use or allow the use of a fowl, cock, or other bird to fight with another animal;

  (2) possess, with the intent to unlawfully use, an implement of cockfighting;

                       National Center for Prosecution of Child Abuse                     121
                             National District Attorney Association
  (3) arrange or conduct a fight in which a fowl, cock, or other bird fights with another
fowl, cock, or other bird;

  (4) possess, own, sell, transport, or train a fowl, cock, or other bird with the intent to
use the fowl, cock, or other bird in a cockfight; or

  (5) knowingly allow premises under the person's ownership, charge, or control to be
used to conduct a fight in which a fowl, cock, or other bird fights with another fowl,
cock, or other bird.

(c) Penalty. --

  (1) A person who violates this section is guilty of the felony of aggravated cruelty to
animals and on conviction is subject to imprisonment not exceeding 3 years or a fine not
exceeding $ 5,000 or both.

  (2) As a condition of sentencing, the court may order a defendant convicted of violating
this section to participate in and pay for psychological counseling.

MD. CODE ANN., CRIM. LAW § 10-623 (2010). Leaving dogs outside and
unattended by use of restraints
(a) Definitions. --

  (1) In this section the following words have the meanings indicated.

  (2) "Collar" means a device constructed of nylon, leather, or similar material
specifically designed to be used around the neck of a dog.

  (3) "Restraint" means a chain, rope, tether, leash, cable, or other device that attaches a
dog to a stationary object or trolley system.

(b) Prohibited. -- A person may not leave a dog outside and unattended by use of a
restraint:

  (1) that unreasonably limits the movement of the dog;

  (2) that uses a collar that:

    (i) is made primarily of metal; or

    (ii) is not at least as large as the circumference of the dog's neck plus 1 inch;

  (3) that restricts the access of the dog to suitable and sufficient clean water or
appropriate shelter;

  (4) in unsafe or unsanitary conditions; or
                    National Center for Prosecution of Child Abuse                             122
                           National District Attorney Association
 (5) that causes injury to the dog.

(c) Penalties. -- A person who violates this section is guilty of a misdemeanor and on
conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $
1,000 or both.



MASSACHUSETTS

MASS. ANN. LAWS ch. 272, § 77 (2010). Cruelty to Animals.
Whoever overdrives, overloads, drives when overloaded, overworks, tortures, torments,
deprives of necessary sustenance, cruelly beats, mutilates or kills an animal, or causes or
procures an animal to be overdriven, overloaded, driven when overloaded, overworked,
tortured, tormented, deprived of necessary sustenance, cruelly beaten, mutilated or killed;
and whoever uses in a cruel or inhuman manner in a race, game, or contest, or in training
therefor, as lure or bait a live animal, except an animal if used as lure or bait in fishing;
and whoever, having the charge or custody of an animal, either as owner or otherwise,
inflicts unnecessary cruelty upon it, or unnecessarily fails to provide it with proper food,
drink, shelter, sanitary environment, or protection from the weather, and whoever, as
owner, possessor, or person having the charge or custody of an animal, cruelly drives or
works it when unfit for labor, or willfully abandons it, or carries it or causes it to be
carried in or upon a vehicle, or otherwise, in an unnecessarily cruel or inhuman manner
or in a way and manner which might endanger the animal carried thereon, or knowingly
and willfully authorizes or permits it to be subjected to unnecessary torture, suffering or
cruelty of any kind shall be punished by imprisonment in the state prison for not more
than 5 years or imprisonment in the house of correction for not more than 21/2 years or
by a fine of not more than $2,500, or by both such fine and imprisonment.

In addition to any other penalty provided by law, upon conviction for any violation of this
section or of sections seventy-seven A, seventy-eight, seventy-eight A, seventy-nine A,
seventy-nine B, eighty A, eighty B, eighty C, eighty D, eighty F, eighty-six, eighty-six A,
eighty-six B or ninety-four the defendant shall forfeit to the custody of any society,
incorporated under the laws of the commonwealth for the prevention of cruelty to
animals or for the care and protection of homeless or suffering animals, the animal whose
treatment was the basis of such conviction.

MASS. ANN. LAWS ch. 272, § 801/2 (2010). Devocalization of Dogs and
Cats. [Effective July 20, 2010.]
(a) For the purposes of this section, the following words shall have the following
meanings:--

 "Board", the board of registration in veterinary medicine.


                   National Center for Prosecution of Child Abuse                        123
                         National District Attorney Association
  "Devocalization", a procedure on the larynx or vocal cords of an animal which causes
the reduction or elimination of vocal sounds produced by that animal.

(b) Whoever performs, or causes to be performed, the surgical devocalization of a dog or
cat shall be punished by imprisonment in the state prison for not more than 5 years or
imprisonment in a house of correction for not more than 21/2 years, or by a fine of not
more than $2,500 or by both such fine and imprisonment. In addition to this penalty, the
court may order that any person who violates this section shall successfully complete a
course of instruction relative to the humane treatment of animals or be barred from
owning or keeping a dog or cat or sharing a residence with another who owns or keeps a
dog or cat for a period of time as determined by said court.

(c) Subsection (b) shall not apply if:

  (1) the person performing such devocalization is licensed under section 55 of chapter 112;
and

   (2) surgical devocalization of a dog or cat is medically necessary to treat or relieve an
illness, disease or injury or to correct a congenital abnormality that is causing or may
cause the animal physical pain or harm; or

  (3) the person who causes a devocalization procedure to be performed is relying upon
the opinion of a person licensed under section 55 of chapter 112 that surgical devocalization
of the dog or cat is medically necessary to treat or relieve an illness, disease or injury or
to correct a congenital abnormality that is causing or may cause the animal physical pain
or harm.

(d) A veterinarian who performs a surgical devocalization procedure on a dog or cat shall
keep a record of the procedure for a period of 4 years after the last contact with the
animal. This record shall include: the name and address of the animal's owner; the name
and address of the person from whom payment is received for the procedure; a
description of the animal, including its name, species, breed, date of birth, sex, color,
markings and current weight; the license number and municipality that issued the license
for the animal; the date and time the procedure; the reason the procedure was performed;
and any diagnostic opinion, analysis or test results to support the diagnosis. These records
shall be subject to audit by the board.

Any person who performs a devocalization procedure on a dog or cat shall report the
number of all such procedures to the board annually on or before March 30. The board
shall maintain all notices received under this subsection for 4 years from the date of
receipt.

Records maintained under this subsection shall not be considered a public record, as
defined in clause twenty-sixth of section 7 of chapter 4 or section 10 of chapter 66, and these
records shall not be publicly disseminated.

                     National Center for Prosecution of Child Abuse                               124
                           National District Attorney Association
(e) The board shall, annually on or before March 1, report to the joint committee on the
environment, natural resources and agriculture the number of animals that were the
subject of devocalization notices received under subsection (d).

(f) Whoever being licensed under section 55 of chapter 112 violates any provision of this
section shall be subject to the suspension or revocation of such license under section 59 of
said chapter 112 and 256 CMR 7.00.

MASS. ANN. LAWS ch. 272, § 77B (2010). Exhibition of Wild Animals.
No person shall exhibit or sponsor an exhibition of any wild animal for the purpose of
attracting trade at or for any place of amusement, recreation or entertainment. This
section shall not be deemed to prevent the exhibition of any wild animal in a zoological
garden or in connection with any theatrical exhibition or circus or by any educational
institution or wild animal farm, whether on or off the premises of such educational
institution or wild animal farm. Whoever violates the provisions of this section shall be
punished by a fine of not more than two hundred dollars or by imprisonment for not more
than thirty days.

MASS. ANN. LAWS ch. 272, § 80A (2010). Mutilation of Dogs.
Whoever, not being a veterinarian duly registered under chapter one hundred and twelve,
crops or cuts off the whole or any part of the ear of a dog shall be punished by a fine of
not more than two hundred and fifty dollars. If a dog with an ear cropped or cut off in
whole or in part and with the wound resulting therefrom unhealed is found confined upon
the premises or in the charge or custody of any person other than such veterinarian, or a
dog officer of a city or town duly appointed under section one hundred and fifty-one of
chapter one hundred and forty, such fact shall be prima facie evidence of a violation of
this section by the person in control of such premises or the person having such charge or
custody.

MASS. ANN. LAWS ch. 272, § 80B (2010). Exhibition of Mutilated Dogs
Prohibited.
Whoever shows or exhibits or procures to be shown or exhibited at any dog show or
exhibition in the commonwealth a dog with an ear or ears cropped or cut off, except
when and as certified to be reasonably necessary by a veterinarian duly registered under
the laws of the state of his residence, shall be punished by a fine of not more than two
hundred and fifty dollars.

MASS. ANN. LAWS ch. 272, § 94 (2010). Penalty on Owner, etc.
Whoever: (i) owns, possesses, keeps or trains any bird, dog or other animal, with the
intent that it shall be engaged in an exhibition of fighting; (ii) establishes or promotes an
exhibition of the fighting of any birds, dogs or other animals; (iii) loans, sells, exports or
otherwise transfers any bird, dog or other animal for the purpose of animal fighting; or
(iv) owns, possesses or keeps any bird, dog or other animal for the purpose of breeding
such animal with the intent that its offspring be used for animal fighting shall be punished
by imprisonment in the state prison for not more than 5 years or in the house of
                    National Center for Prosecution of Child Abuse                        125
                          National District Attorney Association
correction for not more than 1 year, or by a fine of not more than $1,000 or by both such
fine and imprisonment.

MASS. ANN. LAWS ch. 272, § 95 (2010). Penalty for Being Present at
Exhibition, etc.
Whoever is present at any place, building or tenement where preparations are being made
for an exhibition of the fighting of birds, dogs or other animals, with intent to be present
at such exhibition, or is present at, aids in or contributes to such exhibition, shall be
punished by a fine of not more than $1,000 or by imprisonment in the state prison for not
more than 5 years or imprisonment in the house of correction for not more than 21/2
years or by both such fine and imprisonment.




MICHIGAN

MICH. COMP. LAWS SERV. § 750.49 (2010). Animal; definition; fighting,
baiting, or shooting; prohibited conduct; violation as felony; costs; dog
trained or used for fighting or offspring of dog trained or used for
fighting; prohibited conduct; exceptions; confiscation of dog; award of
dog to animal welfare agency; euthanasia; expenses; forfeiture of
animals, equipment, devices, and money; disposition of money seized;
additional exceptions.
Sec. 49. (1) As used in this section, "animal" means a vertebrate other than a human.
  (2) A person shall not knowingly do any of the following:
  (a) Own, possess, use, buy, sell, offer to buy or sell, import, or export an animal for
fighting or baiting, or as a target to be shot at as a test of skill in marksmanship.
  (b) Be a party to or cause the fighting, baiting, or shooting of an animal as described in
subdivision (a).
  (c) Rent or otherwise obtain the use of a building, shed, room, yard, ground, or
premises for fighting, baiting, or shooting an animal as described in subdivision (a).
  (d) Permit the use of a building, shed, room, yard, ground, or premises belonging to
him or her or under his or her control for any of the purposes described in this section.
  (e) Organize, promote, or collect money for the fighting, baiting, or shooting of an
animal as described in subdivisions (a) to (d).
  (f) Be present at a building, shed, room, yard, ground, or premises where preparations
are being made for an exhibition described in subdivisions (a) to (d), or be present at the
exhibition, knowing that an exhibition is taking place or about to take place.
  (g) Breed, buy, sell, offer to buy or sell, exchange, import, or export an animal the
person knows has been trained or used for fighting as described in subdivisions (a) to (d),
or breed, buy, sell, offer to buy or sell, exchange, import, or export the offspring of an
animal the person knows has been trained or used for fighting as described in
subdivisions (a) to (d). This subdivision does not prohibit owning, breeding, buying,
                   National Center for Prosecution of Child Abuse                       126
                         National District Attorney Association
selling, offering to buy or sell, exchanging, importing, or exporting an animal for
agricultural or agricultural exposition purposes.
  (h) Own, possess, use, buy, sell, offer to buy or sell, transport, or deliver any device or
equipment intended for use in the fighting, baiting, or shooting of an animal as described
in subdivisions (a) to (d).
  (3) A person who violates subsection (2)(a) to (e) is guilty of a felony punishable by 1
or more of the following:
  (a) Imprisonment for not more than 4 years.
  (b) A fine of not less than $5,000.00 or more than $50,000.00.
  (c) Not less than 500 or more than 1,000 hours of community service.
  (4) A person who violates subsection (2)(f) to (h) is guilty of a felony punishable by 1
or more of the following:
  (a) Imprisonment for not more than 4 years.
  (b) A fine of not less than $1,000.00 or more than $5,000.00.
  (c) Not less than 250 or more than 500 hours of community service.
  (5) The court may order a person convicted of violating this section to pay the costs of
prosecution.
  (6) The court may order a person convicted of violating this section to pay the costs for
housing and caring for the animal, including, but not limited to, providing veterinary
medical treatment.
  (7) As part of the sentence for a violation of subsection (2), the court shall order the
person convicted not to own or possess an animal of the same species involved in the
violation of this section for 5 years after the date of sentencing. Failure to comply with
the order of the court pursuant to this subsection is punishable as contempt of court.
  (8) If a person incites an animal trained or used for fighting or an animal that is the first
or second generation offspring of an animal trained or used for fighting to attack a person
and thereby causes the death of that person, the owner is guilty of a felony punishable
by imprisonment for life or for a term of years greater than 15 years.
  (9) If a person incites an animal trained or used for fighting or an animal that is the first
or second generation offspring of an animal trained or used for fighting to attack a
person, but the attack does not result in the death of the person, the owner is guilty of a
felony punishable by imprisonment for not more than 4 years or a fine of not more than
$2,000.00, or both.
  (10) If an animal trained or used for fighting or an animal that is the first or second
generation offspring of an animal trained or used for fighting attacks a person without
provocation and causes the death of that person, the owner of the animal is guilty of a
felony punishable by imprisonment for not more than 15 years.
  (11) If an animal trained or used for fighting or an animal that is the first or second
generation offspring of an animal trained or used for fighting attacks a person without
provocation, but the attack does not cause the death of the person, the owner is guilty of a
misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more
than $1,000.00, or both.
  (12) Subsections (8) to (11) do not apply if the person attacked was committing or
attempting to commit an unlawful act on the property of the owner of the animal.
  (13) If an animal trained or used for fighting or an animal that is the first or second
generation offspring of a dog trained or used for fighting goes beyond the property limits
                    National Center for Prosecution of Child Abuse                         127
                          National District Attorney Association
of its owner without being securely restrained, the owner is guilty of a misdemeanor
punishable by imprisonment for not more than 90 days or a fine of not less than $50.00
nor more than $500.00, or both.
  (14) If an animal trained or used for fighting or an animal that is the first or second
generation offspring of a dog trained or used for fighting is not securely enclosed or
restrained on the owner's property, the owner is guilty of a misdemeanor punishable by
imprisonment for not more than 90 days or a fine of not more than $500.00, or both.
  (15) Subsections (8) to (14) do not apply to any of the following:
  (a) A dog trained or used for fighting, or the first or second generation offspring of a
dog trained or used for fighting, that is used by a law enforcement agency of the state or a
county, city, village, or township.
  (b) A certified leader dog recognized and trained by a national guide dog association
for the blind or for persons with disabilities.
  (c) A corporation licensed under the private security business and security alarm act ,
1968 PA 330, MCL 338.1051 to 338.1083 , when a dog trained or used for fighting, or the
first or second generation offspring of a dog trained or used for fighting, is used in
accordance with the private security business and security alarm act , 1968 PA 330, MCL
338.1051 to 338.1083 .
  (16) An animal that has been used to fight in violation of this section or that is involved
in a violation of subsections (8) to (14) shall be confiscated as contraband by a law
enforcement officer and shall not be returned to the owner, trainer, or possessor of the
animal. The animal shall be taken to a local humane society or other animal welfare
agency. If an animal owner, trainer, or possessor is convicted of violating subsection (2)
or subsections (8) to (14), the court shall award the animal involved in the violation to the
local humane society or other animal welfare agency.
  (17) Upon receiving an animal confiscated under this section, or at any time thereafter,
an appointed veterinarian, the humane society, or other animal welfare agency may
humanely euthanize the animal if, in the opinion of that veterinarian, humane society, or
other animal welfare agency, the animal is injured or diseased past recovery or the
animal's continued existence is inhumane so that euthanasia is necessary to relieve pain
and suffering.
  (18) A humane society or other animal welfare agency that receives an animal under
this section shall apply to the district court or municipal court for a hearing to determine
whether the animal shall be humanely euthanized because of its lack of any useful
purpose and the public safety threat it poses. The court shall hold a hearing not more than
30 days after the filing of the application and shall give notice of the hearing to the owner
of the animal. Upon a finding by the court that the animal lacks any useful purpose and
poses a threat to public safety, the humane society or other animal welfare agency shall
humanely euthanize the animal. Expenses incurred in connection with the housing, care,
upkeep, or euthanasia of the animal by a humane society or other animal welfare agency,
or by a person, firm, partnership, corporation, or other entity, shall be assessed against the
owner of the animal.
  (19) Subject to subsections (16) to (18), all animals being used or to be used in fighting,
equipment, devices and money involved in a violation of subsection (2) shall be forfeited
to the state. All other instrumentalities, proceeds, and substituted proceeds of a violation
of subsection (2) are subject to forfeiture under chapter 47 of the revised judicature act of
                    National Center for Prosecution of Child Abuse                        128
                          National District Attorney Association
1961, 1961 PA 236, MCL 600.4701 to 600.4709.
  (20) The seizing agency may deposit money seized under subsection (19) into an
interest-bearing account in a financial institution. As used in this subsection, "financial
institution" means a state or nationally chartered bank or a state or federally chartered
savings and loan association, savings bank, or credit union whose deposits are insured by
an agency of the United States government and that maintains a principal office or branch
office located in this state under the laws of this state or the United States.
  (21) An attorney for a person who is charged with a violation of subsection (2)
involving or related to money seized under subsection (19) shall be afforded a period of
60 days within which to examine that money. This 60-day period shall begin to run after
notice of forfeiture is given but before the money is deposited into a financial institution
under subsection (20). If the attorney general, prosecuting attorney, or city or township
attorney fails to sustain his or her burden of proof in forfeiture proceedings under
subsection (19), the court shall order the return of the money, including any interest
earned on money deposited into a financial institution under subsection (20).
  (22) This section does not apply to conduct that is permitted by and is in compliance
with any of the following:
  (a) Part 401 of the natural resources and environmental protection act, 1994 PA 451,
MCL 324.40101 to 324.40119.
  (b) Part 435 of the natural resources and environmental protection act, 1994 PA 451,
MCL 324.43501 to 324.43561 .
  (c) Part 427 of the natural resources and environmental protection act, 1994 PA 451,
MCL 324.42701 to 324.42714.
  (d) Part 417 of the natural resources and environmental protection act, 1994 PA 451,
MCL 324.41701 to 324.41712.
  (23) This section does not prohibit a person from being charged with, convicted of, or
punished for any other violation of law that is committed by that person while violating
this section.

MICH. COMP. LAWS SERV. § 750.50 (2010). Definitions; charge or
custody of animal; prohibited conduct; forfeiture of animal; violation as
misdemeanor or felony; penalty; psychiatric or psychological
counseling; other violation of law arising out of same transaction;
consecutive terms; order to pay costs; order prohibiting owning or
possessing animal for certain period of time; violation of subsection (9);
revocation of probation; certain conduct not prohibited by section.
Sec. 50. (1) As used in this section and section 50b:
  (a) "Adequate care" means the provision of sufficient food, water, shelter, sanitary
conditions, exercise, and veterinary medical attention in order to maintain an animal in a
state of good health.
  (b) "Animal" means any vertebrate other than a human being.
  (c) "Animal protection shelter" means a facility operated by a person, humane society,
society for the prevention of cruelty to animals, or any other nonprofit organization , for
the care of homeless animals.
  (d) "Animal control shelter" means a facility operated by a county, city, village, or
                   National Center for Prosecution of Child Abuse                       129
                         National District Attorney Association
township to impound and care for animals found in streets or otherwise at large contrary
to any ordinance of the county, city, village, or township or state law.
  (e) "Licensed veterinarian" means a person licensed to practice veterinary medicine
under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.
  (f) "Livestock" means that term as defined in the animal industry act of 1987, 1988 PA
466, MCL 287.701 to 287.747.
  (g) "Person" means an individual, partnership, limited liability company, corporation,
association, governmental entity, or other legal entity.
  (h) "Neglect" means to fail to sufficiently and properly care for an animal to the extent
that the animal's health is jeopardized.
  (i) "Sanitary conditions" means space free from health hazards including excessive
animal waste, overcrowding of animals, or other conditions that endanger the animal's
health. This definition does not include any condition resulting from a customary and
reasonable practice pursuant to farming or animal husbandry.
  (j) "Shelter" means adequate protection from the elements and weather conditions
suitable for the age, species, and physical condition of the animal so as to maintain the
animal in a state of good health. Shelter, for livestock, includes structures or natural
features such as trees or topography. Shelter , for a dog , includes 1 or more of the
following:
    (i) The residence of the dog's owner or other individual.
    (ii) A doghouse that is an enclosed structure with a roof and of appropriate
dimensions for the breed and size of the dog. The doghouse shall have dry bedding when
the outdoor temperature is or is predicted to drop below freezing.
    (iii) A structure, including a garage, barn, or shed , that is sufficiently insulated and
ventilated to protect the dog from exposure to extreme temperatures or, if not sufficiently
insulated and ventilated, contains a doghouse as provided under subparagraph (ii) that is
accessible to the dog.
  (k) "State of good health" means freedom from disease and illness, and in a condition
of proper body weight and temperature for the age and species of the animal, unless the
animal is undergoing appropriate treatment.
  (l) "Tethering" means the restraint and confinement of a dog by use of a chain, rope, or
similar device.
  (m) "Water" means potable water that is suitable for the age and species of animal that
is made regularly available unless otherwise directed by a licensed veterinarian .
  (2) An owner, possessor, or person having the charge or custody of an animal shall not
do any of the following:
  (a) Fail to provide an animal with adequate care.
  (b) Cruelly drive, work, or beat an animal, or cause an animal to be cruelly driven,
worked, or beaten.
  (c) Carry or cause to be carried in or upon a vehicle or otherwise any live animal having
the feet or legs tied together, other than an animal being transported for medical care, or a
horse whose feet are hobbled to protect the horse during transport or in any other cruel
and inhumane manner.
  (d) Carry or cause to be carried a live animal in or upon a vehicle or otherwise without
providing a secure space, rack, car, crate, or cage, in which livestock may stand, and in
which all other animals may stand, turn around, and lie down during transportation, or
                   National Center for Prosecution of Child Abuse                        130
                         National District Attorney Association
while awaiting slaughter. As used in this subdivision, for purposes of transportation of
sled dogs, "stand" means sufficient vertical distance to allow the animal to stand without
its shoulders touching the top of the crate or transportation vehicle.
   (e) Abandon an animal or cause an animal to be abandoned, in any place, without
making provisions for the animal's adequate care, unless premises are vacated for the
protection of human life or the prevention of injury to a human . An animal that is lost by
an owner or custodian while traveling, walking, hiking , or hunting is not abandoned
under this section when the owner or custodian has made a reasonable effort to locate the
animal.
   (f) Negligently allow any animal, including one who is aged, diseased, maimed,
hopelessly sick, disabled, or nonambulatory to suffer unnecessary neglect, torture, or
pain.
   (g) Tether a dog unless the tether is at least 3 times the length of the dog as measured
from the tip of its nose to the base of its tail and is attached to a harness or nonchoke
collar designed for tethering.
   (3) If an animal is impounded and is being held by an animal control shelter or its
designee or an animal protection shelter or its designee or a licensed veterinarian pending
the outcome of a criminal action charging a violation of this section or section 50b,
before final disposition of the criminal charge, the prosecuting attorney may file a civil
action in the court that has jurisdiction of the criminal action, requesting that the court
issue an order forfeiting the animal to the animal control shelter or animal protection
shelter or to a licensed veterinarian before final disposition of the criminal charge. The
prosecuting attorney shall serve a true copy of the summons and complaint upon the
defendant and upon a person with a known ownership interest or known security interest
in the animal or a person who has filed a lien with the secretary of state in an animal
involved in the pending action. The forfeiture of an animal under this section encumbered
by a security interest is subject to the interest of the holder of the security interest who
did not have prior knowledge of, or consent to the commission of the crime. Upon the
filing of the civil action, the court shall set a hearing on the complaint. The hearing shall
be conducted within 14 days of the filing of the civil action, or as soon as practicable.
The hearing shall be before a judge without a jury. At the hearing, the prosecuting
attorney has the burden of establishing by a preponderance of the evidence that a
violation of this section or section 50b occurred. If the court finds that the prosecuting
attorney has met this burden, the court shall order immediate forfeiture of the animal to
the animal control shelter or animal protection shelter or the licensed veterinarian unless
the defendant, within 72 hours of the hearing, submits to the court clerk cash or other
form of security in an amount determined by the court to be sufficient to repay all
reasonable costs incurred, and anticipated to be incurred, by the animal control shelter or
animal protection shelter or the licensed veterinarian in caring for the animal from the
date of initial impoundment to the date of trial. If cash or other security has been
submitted, and the trial in the action is continued at a later date, any order of continuance
shall require the defendant to submit additional cash or security in an amount determined
by the court to be sufficient to repay all additional reasonable costs anticipated to be
incurred by the animal control shelter or animal protection shelter or the licensed
veterinarian in caring for the animal until the new date of trial. If the defendant submits
cash or other security to the court under this subsection the court may enter an order
                   National Center for Prosecution of Child Abuse                        131
                         National District Attorney Association
authorizing the use of that money or other security before final disposition of the criminal
charges to pay the reasonable costs incurred by the animal control shelter or animal
protection shelter or the licensed veterinarian in caring for the animal from the date of
impoundment to the date of final disposition of the criminal charges. The testimony of a
person at a hearing held under this subsection is not admissible against him or her in any
criminal proceeding except in a criminal prosecution for perjury. The testimony of a
person at a hearing held under this subsection does not waive the person's constitutional
right against self-incrimination. An animal seized under this section or section 50b is not
subject to any other civil action pending the final judgment of the forfeiture action under
this subsection.

  (4) A person who violates subsection (2) is guilty of a crime as follows:
  (a) Except as otherwise provided in subdivisions (c) and (d), if the violation involved 1
animal, the person is guilty of a misdemeanor punishable by 1 or more of the following
and may be ordered to pay the costs of prosecution:
    (i) Imprisonment for not more than 93 days.
    (ii) A fine of not more than $1,000.00.
    (iii) Community service for not more than 200 hours.
  (b) Except as otherwise provided in subdivisions (c) and (d), if the violation involved 2
or 3 animals or the death of any animal, the person is guilty of a misdemeanor punishable
by 1 or more of the following and may be ordered to pay the costs of prosecution:
    (i) Imprisonment for not more than 1 year.
    (ii) A fine of not more than $2,000.00.
    (iii) Community service for not more than 300 hours.
  (c) If the violation involved 4 or more animals but fewer than 10 animals or the person
had 1 prior conviction under subsection (2), the person is guilty of a felony punishable by
1 or more of the following and may be ordered to pay the costs of prosecution:
    (i) Imprisonment for not more than 2 years.
    (ii) A fine of not more than $2,000.00.
    (iii) Community service for not more than 300 hours.
  (d) If the violation involved 10 or more animals or the person had 2 or more prior
convictions for violating subsection (2), the person is guilty of a felony punishable by 1
or more of the following and may be ordered to pay the costs of prosecution:
    (i) Imprisonment for not more than 4 years.
    (ii) A fine of not more than $5,000.00.
    (iii) Community service for not more than 500 hours.
  (5) The court may order a person convicted of violating subsection (2) to be evaluated
to determine the need for psychiatric or psychological counseling and, if determined
appropriate by the court, to receive psychiatric or psychological counseling. The
evaluation and counseling shall be at the defendant's own expense.
  (6) This section does not prohibit a person from being charged with, convicted of, or
punished for any other violation of law arising out of the same transaction as the violation
of this section.
  (7) The court may order a term of imprisonment imposed for a violation of this section
to be served consecutively to a term of imprisonment imposed for any other crime
including any other violation of law arising out of the same transaction as the violation of
                   National Center for Prosecution of Child Abuse                       132
                         National District Attorney Association
this section.
  (8) As a part of the sentence for a violation of subsection (2), the court may order the
defendant to pay the costs of the care, housing, and veterinary medical care for the
animal, as applicable. If the court does not order a defendant to pay all of the applicable
costs listed in this subsection, or orders only partial payment of these costs, the court
shall state on the record the reason for that action.
  (9) As a part of the sentence for a violation of subsection (2), the court may, as a
condition of probation, order the defendant not to own or possess an animal for a period
of time not to exceed the period of probation. If a person is convicted of a second or
subsequent violation of subsection (2), the court may order the defendant not to own or
possess an animal for any period of time , including permanent relinquishment of animal
ownership.
  (10) A person who owns or possesses an animal in violation of an order issued under
subsection (9) is subject to revocation of probation if the order is issued as a condition
of probation. A person who owns or possesses an animal in violation of an order issued
under subsection (9) is also subject to the civil and criminal contempt power of the
court, and if found guilty of criminal contempt, may be punished by imprisonment for not
more than 90 days, or by a fine of not more than $500.00, or both.
  (11) This section does not prohibit the lawful killing or other use of an animal,
including the following:
  (a) Fishing.
  (b) Hunting, trapping, or wildlife control regulated under the natural resources and
environmental protection act, 1994 PA 451, MCL 324.101 to 324.90106.
  (c) Horse racing.
  (d) The operation of a zoological park or aquarium.
  (e) Pest or rodent control regulated under part 83 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.8301 to 324.8336 .
  (f) Farming or a generally accepted animal husbandry or farming practice involving
livestock.
  (g) Activities authorized under rules promulgated under section 9 of the executive
organization act of 1965, 1965 PA 380, MCL 16.109.
  (h) Scientific research under 1969 PA 224, MCL 287.381 to 287.395.
  (i) Scientific research under sections 2226, 2671, 2676, and 7333 of the public health
code, 1978 PA 368, MCL 333.2226, 333.2671, 333.2676, and 333.7333.
  (12) This section does not apply to a veterinarian or a veterinary technician lawfully
engaging in the practice of veterinary medicine under part 188 of the public health code,
1978 PA 368, MCL 333.18801 to 333.18838.

MICH. COMP. LAWS SERV. § 750.50b (2010). Animal defined; prohibited
acts; violation; penalty; exceptions.
Sec. 50b. (1) As used in this section, "animal" means any vertebrate other than a human
being.
  (2) Except as otherwise provided in this section, a person shall not do any of the
following without just cause:
  (a) Knowingly kill, torture, mutilate, maim, or disfigure an animal .
  (b) Commit a reckless act knowing or having reason to know that the act will cause an
                   National Center for Prosecution of Child Abuse                     133
                          National District Attorney Association
animal to be killed, tortured, mutilated, maimed, or disfigured.
  (c) Knowingly administer poison to an animal, or knowingly expose an animal to any
poisonous substance, with the intent that the substance be taken or swallowed by the
animal .
  (3) A person who violates subsection (2) is guilty of a felony punishable by 1 or more
of the following:
  (a) Imprisonment for not more than 4 years .
  (b) A fine of not more than $5,000.00 for a single animal and $2,500.00 for each
additional animal involved in the violation, but not to exceed a total of $20,000.00.
  (c) Community service for not more than 500 hours .
  (4) As a part of the sentence for a violation of subsection (2), the court may order the
defendant to pay the costs of the prosecution and the costs of the care, housing, and
veterinary medical care for the impacted animal victim, as applicable. If the court does
not order a defendant to pay all of the applicable costs listed in this subsection, or orders
only partial payment of these costs, the court shall state on the record the reasons for that
action.
  (5) If a term of probation is ordered for a violation of subsection (2), the court may
 include as a condition of that probation that the defendant be evaluated to determine
the need for psychiatric or psychological counseling and, if determined appropriate by the
court, to receive psychiatric or psychological counseling at his or her own expense.
  (6) As a part of the sentence for a violation of subsection (2), the court may order the
defendant not to own or possess an animal for any period of time determined by the
court, which may include permanent relinquishment.
  (7) A person who owns or possesses an animal in violation of an order issued under
subsection (6) is subject to revocation of probation if the order is issued as a condition
of probation. A person who owns or possesses an animal in violation of an order issued
under subsection (6) is also subject to the civil and criminal contempt power of the court
and , if found guilty of criminal contempt, may be punished by imprisonment for not
more than 90 days or a fine of not more than $500.00, or both.
  (8) This section does not prohibit the lawful killing of livestock or a customary animal
husbandry or farming practice involving livestock. As used in this subsection, "livestock"
 means that term as defined in section 5 of the animal industry act , 1988 PA 466,
MCL 287.705 .
  (9) This section does not prohibit the lawful killing of an animal pursuant to any of the
following:
  (a) Fishing.
  (b) Hunting, trapping, or wildlife control regulated under the natural resources and
environmental protection act, 1994 PA 451, MCL 324.101 to 324.90106 , and orders issued
under that act.
  (c) Pest or rodent control regulated under part 83 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.8301 to 324.8336 .
  (d) Activities authorized under rules promulgated under section 9 of the executive
organization act of 1965, 1965 PA 380, MCL 16.109 .
  (e) Section 19 of the dog law of 1919, 1919 PA 339, MCL 287.279.
  (10) This section does not prohibit the lawful killing or use of an animal for scientific
research under any of the following or a rule promulgated under any of the following:
                   National Center for Prosecution of Child Abuse                        134
                         National District Attorney Association
  (a) 1969 PA 224, MCL 287.381 to 287.395 .
  (b) Sections 2226, 2671, 2676, 7109, and 7333 of the public health code, 1978 PA 368,
MCL 333.2226, 333.2671, 333.2676, 333.7109, and 333.7333 .
  (11) This section does not apply to a veterinarian or a veterinary technician lawfully
engaging in the practice of veterinary medicine under part 188 of the public health code,
1978 PA 368, MCL 333.18801 to 333.18838.

MICH. COMP. LAWS SERV. § 750.158 (2010). Crime against nature or
sodomy; penalty.
Sec. 158. Any person who shall commit the abominable and detestable crime against
nature either with mankind or with any animal shall be guilty of a felony, punishable by
imprisonment in the state prison not more than 15 years, or if such person was at the time
of the said offense a sexually delinquent person, may be punishable by imprisonment in
the state prison for an indeterminate term, the minimum of which shall be 1 day and the
maximum of which shall be life.

MICH. COMP. LAWS SERV. § 750.159 (2010). Emission need not be
proved.
Sec. 159. In any prosecution for sodomy, it shall not be necessary to prove emission, and
any sexual penetration, however slight, shall be deemed sufficient to complete the crime
specified in the next preceding section.




MINNESOTA
MINN. STAT. § 343.20 (2009). DEFINITIONS [Cruelty to animals]
Subdivision 1. Application.

Except as otherwise indicated by the context, for purposes of sections 343.20 to 343.36,
the terms defined in this section have the meanings given them.


Subd. 2. Animal.

"Animal" means every living creature except members of the human race.

Subd. 3. Torture; cruelty.

"Torture" or "cruelty" means every act, omission, or neglect which causes or permits
unnecessary or unjustifiable pain, suffering, or death.

Subd. 4. Impure milk.

                   National Center for Prosecution of Child Abuse                      135
                         National District Attorney Association
"Impure and unwholesome milk" means all milk obtained from diseased or unhealthy
animals, or from animals fed on any substance which is putrefied or fermented.

Subd. 5. Animal control officer.

"Animal control officer" means an officer employed by or under contract with an agency
of the state, county, municipality, or other governmental subdivision of the state which is
responsible for animal control operations in its jurisdiction.

Subd. 6. Pet or companion animal.

"Pet or companion animal" includes any animal owned, possessed by, cared for, or
controlled by a person for the present or future enjoyment of that person or another as a
pet or companion, or any stray pet or stray companion animal.

Subd. 7. Service animal.

"Service animal" means an animal trained to assist a person with a disability.

Subd. 8. Substantial bodily harm.

"Substantial bodily harm" means bodily injury which involves a temporary but
substantial disfigurement, or which causes a temporary but substantial loss or impairment
of the function of any bodily member or organ, or which causes a fracture of any bodily
member to a service animal or a pet or companion animal.

Subd. 9. Great bodily harm.

"Great bodily harm" means bodily injury which creates a high probability of death, or
which causes serious permanent disfigurement, or which causes a permanent or
protracted loss or impairment of the function of any bodily member or organ, or other
serious bodily harm to a service animal or a pet or companion animal.


MINN. STAT. § 343.21 (2009). OVERWORKING OR MISTREATING
ANIMALS; PENALTY
Legislative Alert:
Sen. File No. 2990, 86th Leg. Sess. (Minn. 2009) – See sections 1 through 3.

[*1] Section 1. Minnesota Statutes 2008, section 343.21, subdivision 8a, is amended to
read:

Subd. 8a. Harming a service animal.

No person shall intentionally and without justification [D>cause bodily harm<D] [A>do

                   National Center for Prosecution of Child Abuse                       136
                         National District Attorney Association
either of the following <A]to a service animal while it is providing service or while it is
in the custody of the person it serves[A>: (1) cause bodily harm to the animal; or (2)
otherwise render the animal unable to perform its duties<A].

[A>EFFECTIVE DATE.<A]

[A>This section is effective August 1, 2010, and applies to crimes committed on or after
that date.<A]

 [*2] Section 2. Minnesota Statutes 2008, section 343.21, subdivision 9, is amended to
read:

Subd. 9. Penalty.

(a) Except as otherwise provided in this subdivision, a person who fails to comply with
any provision of this section is guilty of a misdemeanor. A person convicted of a second
or subsequent violation of subdivision 1 or 7 within five years of a previous violation of
subdivision 1 or 7 is guilty of a gross misdemeanor.

(b) A person who intentionally violates subdivision 1 or 7 where the violation results in
substantial bodily harm to a pet or companion animal may be sentenced to imprisonment
for not more than one year or to payment of a fine of not more than $ 3,000, or both.

(c) A person convicted of violating paragraph (b) within five years of a previous gross
misdemeanor or felony conviction for violating this section may be sentenced to
imprisonment for not more than two years or to payment of a fine of not more than $
5,000, or both.

(d) A person who intentionally violates subdivision 1 or 7 where the violation results in
death or great bodily harm to a pet or companion animal may be sentenced to
imprisonment for not more than two years or to payment of a fine of not more than $
5,000, or both.

(e) [A>A person who violates subdivision 8a where the violation renders the service
animal unable to perform its duties is guilty of a gross misdemeanor.<A]

[A>(f) <A]A person who violates subdivision 8a where the violation results in substantial
bodily harm to a service animal may be sentenced to imprisonment for not more than two
years or to payment of a fine of not more than $ 5,000, or both.

[D>(f)<D] [A>(g) <A]A person who intentionally violates subdivision 1 or 7 where the
violation results in substantial bodily harm to a pet or companion animal, and the act is
done to threaten, intimidate, or terrorize another person, may be sentenced to
imprisonment for not more than two years or to payment of a fine of not more than $
5,000, or both.

                    National Center for Prosecution of Child Abuse                        137
                          National District Attorney Association
[D>(g)<D] [A>(h) <A]A person who violates subdivision 8a where the violation results
in death or great bodily harm to a service animal may be sentenced to imprisonment for
not more than four years or to payment of a fine of not more than $ 10,000, or both.

[D>(h)<D] [A>(i) <A]A person who intentionally violates subdivision 1 or 7 where the
violation results in death or great bodily harm to a pet or companion animal, and the act is
done to threaten, intimidate, or terrorize another person, may be sentenced to
imprisonment for not more than four years or to payment of a fine of not more than $
10,000, or both.

[A>EFFECTIVE DATE.<A]

[A>This section is effective August 1, 2010, and applies to crimes committed on or after
that date.<A]

 [*3] Section 3. Minnesota Statutes 2008, section 343.21, is amended by adding a
subdivision to read:

[A>Subd. 9a.<A] [A>Harm to service animals; mandatory restitution and civil
remedies.<A]

[A>(a) The court shall order a person convicted of violating subdivision 8a to pay
restitution for the costs and expenses resulting from the crime. Costs and expenses
include, but are not limited to, the service animal user's loss of income, veterinary
expenses, transportation costs, and other expenses of temporary replacement assistance
services, and service animal replacement or retraining costs incurred by a school, agency,
or individual. If the court finds that the convicted person is indigent, the court may reduce
the amount of restitution to a reasonable level or order it paid in installments.<A]

[A>(b) This section does not preclude a person from seeking any available civil remedies
for an act that violates subdivision 8a.<A]

[A>EFFECTIVE DATE.<A]

[A>This section is effective August 1, 2010, and applies to crimes committed on or after
that date.<A]

Subdivision 1. Torture.
No person shall overdrive, overload, torture, cruelly beat, neglect, or unjustifiably injure,
maim, mutilate, or kill any animal, or cruelly work any animal when it is unfit for labor,
whether it belongs to that person or to another person.

Subd. 2. Nourishment; shelter.

No person shall deprive any animal over which the person has charge or control of
necessary food, water, or shelter.
                    National Center for Prosecution of Child Abuse                        138
                          National District Attorney Association
Subd. 3. Enclosure.

No person shall keep any cow or other animal in any enclosure without providing
wholesome exercise and change of air.

Subd. 4. Low feed.

No person shall feed any cow on food which produces impure or unwholesome milk.

Subd. 5. Abandonment.

No person shall abandon any animal.

Subd. 6. Temporary abandonment.

No person shall allow any maimed, sick, infirm, or disabled animal to lie in any street,
road, or other public place for more than three hours after receiving notice of the animal's
condition.

Subd. 7. Cruelty.

No person shall willfully instigate or in any way further any act of cruelty to any animal
or animals, or any act tending to produce cruelty to animals.

Subd. 8. Caging.

No person shall cage any animal for public display purposes unless the display cage is
constructed of solid material on three sides to protect the caged animal from the elements
and unless the horizontal dimension of each side of the cage is at least four times the
length of the caged animal. The provisions of this subdivision do not apply to the
Minnesota State Agricultural Society, the Minnesota State Fair, or to the county
agricultural societies, county fairs, to any agricultural display of caged animals by any
political subdivision of the state of Minnesota, or to district, regional or national
educational livestock or poultry exhibitions. The provisions of this subdivision do not
apply to captive wildlife, the exhibition of which is regulated by section 97A.041.


Subd. 8a. Harming a service animal.

No person shall intentionally and without justification cause bodily harm to a service
animal while it is providing service or while it is in the custody of the person it serves.

Subd. 9. Penalty.

(a) Except as otherwise provided in this subdivision, a person who fails to comply with
                     National Center for Prosecution of Child Abuse                       139
                           National District Attorney Association
any provision of this section is guilty of a misdemeanor. A person convicted of a second
or subsequent violation of subdivision 1 or 7 within five years of a previous violation of
subdivision 1 or 7 is guilty of a gross misdemeanor.

(b) A person who intentionally violates subdivision 1 or 7 where the violation results in
substantial bodily harm to a pet or companion animal may be sentenced to imprisonment
for not more than one year or to payment of a fine of not more than $3,000, or both.

(c) A person convicted of violating paragraph (b) within five years of a previous gross
misdemeanor or felony conviction for violating this section may be sentenced to
imprisonment for not more than two years or to payment of a fine of not more than
$5,000, or both.

(d) A person who intentionally violates subdivision 1 or 7 where the violation results in
death or great bodily harm to a pet or companion animal may be sentenced to
imprisonment for not more than two years or to payment of a fine of not more than
$5,000, or both.

(e) A person who violates subdivision 8a where the violation results in substantial bodily
harm to a service animal may be sentenced to imprisonment for not more than two years
or to payment of a fine of not more than $5,000, or both.

(f) A person who intentionally violates subdivision 1 or 7 where the violation results in
substantial bodily harm to a pet or companion animal, and the act is done to threaten,
intimidate, or terrorize another person, may be sentenced to imprisonment for not more
than two years or to payment of a fine of not more than $5,000, or both.

(g) A person who violates subdivision 8a where the violation results in death or great
bodily harm to a service animal may be sentenced to imprisonment for not more than four
years or to payment of a fine of not more than $10,000, or both.

(h) A person who intentionally violates subdivision 1 or 7 where the violation results in
death or great bodily harm to a pet or companion animal, and the act is done to threaten,
intimidate, or terrorize another person, may be sentenced to imprisonment for not more
than four years or to payment of a fine of not more than $10,000, or both.

Subd. 10. Restrictions.

If a person is convicted of violating this section, the court shall require that pet or
companion animals that have not been seized by a peace officer or agent and are in the
custody or control of the person must be turned over to a peace officer or other
appropriate officer or agent unless the court determines that the person is able and fit to
provide adequately for an animal. If the evidence indicates lack of proper and reasonable
care of an animal, the burden is on the person to affirmatively demonstrate by clear and
convincing evidence that the person is able and fit to have custody of and provide
adequately for an animal. The court may limit the person's further possession or custody
                   National Center for Prosecution of Child Abuse                         140
                         National District Attorney Association
of pet or companion animals, and may impose other conditions the court considers
appropriate, including, but not limited to:

(1) imposing a probation period during which the person may not have ownership,
custody, or control of a pet or companion animal;

(2) requiring periodic visits of the person by an animal control officer or agent appointed
pursuant to section 343.01, subdivision 1;


(3) requiring performance by the person of community service; and

(4) requiring the person to receive psychological, behavioral, or other counseling.

MINN. STAT. § 343.27 (2009). POISONING ANIMALS
Any person who unjustifiably administers any poisonous, or noxious drug or substance to
any animal, or procures or permits it to be done, or unjustifiably exposes that drug or
substance with intent that the drug be taken by any animal, whether the animal is the
property of the person or another, is guilty of a gross misdemeanor.

MINN. STAT. § 343.31 (2009). ANIMAL FIGHTS AND POSSESSION
OF FIGHTING ANIMALS
Legislative Alert:
Sen. File No. 2990, 86th Leg. Sess. (Minn. 2009) – See section 4.

[*4] Section 4. Minnesota Statutes 2008, section 343.31, subdivision 1, is amended to
read:

Subdivision 1. Penalty for animal fighting; attending animal fight.

(a) Whoever does any of the following is guilty of a felony:

(1) promotes, engages in, or is employed in the activity of cockfighting, dogfighting, or
violent pitting of one pet or companion animal as defined in section 346.36, subdivision
6, against another of the same or a different kind;

(2) receives money for the admission of a person to a place used, or about to be used, for
that activity;

(3) willfully permits a person to enter or use for that activity premises of which the
permitter is the owner, agent, or occupant; or

(4) uses, trains, or possesses a dog or other animal for the purpose of participating in,
engaging in, or promoting that activity.

(b) Whoever purchases a ticket of admission or otherwise gains admission to the activity
                 National Center for Prosecution of Child Abuse                      141
                        National District Attorney Association
of cockfighting, dogfighting, or violent pitting of one pet or companion animal as defined
in section 346.36, subdivision 6, against another of the same or a different kind is guilty
of a gross misdemeanor.

(c) [A>Whoever possesses any device or substance with intent to use or permit the use of
the device or substance to enhance an animal's ability to fight is guilty of a gross
misdemeanor.<A]

[A>(d) <A]This subdivision shall not apply to the taking of a wild animal by hunting.

[A>EFFECTIVE DATE.<A]

[A>This section is effective August 1, 2010, and applies to crimes committed on or after
that date.<A]

Subdivision 1. Penalty for animal fighting; attending animal fight.

(a) Whoever does any of the following is guilty of a felony:

(1) promotes, engages in, or is employed in the activity of cockfighting, dogfighting, or
violent pitting of one pet or companion animal as defined in section 346.36, subdivision
6, against another of the same or a different kind;

(2) receives money for the admission of a person to a place used, or about to be used, for
that activity;

(3) willfully permits a person to enter or use for that activity premises of which the
permitter is the owner, agent, or occupant; or

(4) uses, trains, or possesses a dog or other animal for the purpose of participating in,
engaging in, or promoting that activity.

(b) Whoever purchases a ticket of admission or otherwise gains admission to the activity
of cockfighting, dogfighting, or violent pitting of one pet or companion animal as defined
in section 346.36, subdivision 6, against another of the same or a different kind is guilty
of a gross misdemeanor.

(c) This subdivision shall not apply to the taking of a wild animal by hunting.

Subd. 2. Presumption of training a fighting dog.

There is a rebuttable presumption that a dog has been trained or is being trained to fight
if:

(1) the dog exhibits fresh wounds, scarring, or other indications that the dog has been or
will be used for fighting; and
                    National Center for Prosecution of Child Abuse                          142
                          National District Attorney Association
(2) the person possesses training apparatus, paraphernalia, or drugs known to be used to
prepare dogs to be fought.

This presumption may be rebutted by a preponderance of the evidence.

Subd. 3. Presumption of training fighting birds.

There is a rebuttable presumption that a bird has been trained or is being trained to fight
if:

(1) the bird exhibits fresh wounds, scarring, or other indications that the bird has been or
will be used for fighting; or

(2) the person possesses training apparatus, paraphernalia, or drugs known to be used to
prepare birds to be fought.

This presumption may be rebutted by a preponderance of the evidence.

Subd. 4. Peace officer duties.

Animals described in subdivisions 2 and 3 are dangerous weapons and constitute an
immediate danger to the safety of humans. A peace officer or animal control authority
may remove, shelter, and care for an animal found in the circumstances described in
subdivision 2 or 3. If necessary, a peace officer or animal control authority may deliver
the animal to another person to be sheltered and cared for. In all cases, the peace officer
or animal control authority must immediately notify the owner, if known, as provided in
subdivision 5. The peace officer, animal control authority, or other person assuming care
of the animal shall have a lien on it for the actual cost of care and keeping of the animal.
If the owner or custodian is unknown and cannot by reasonable effort be ascertained, or
does not, within ten days after notice, redeem the animal by paying the expenses
authorized by this subdivision, the animal may be disposed of as provided in subdivision
5.

Subd. 5. Disposition.

(a) An animal taken into custody under subdivision 4 may be humanely disposed of at the
discretion of the jurisdiction having custody of the animal ten days after the animal is
taken into custody, if the procedures in paragraph (c) are followed.

(b) The owner of an animal taken into custody under subdivision 4 may prevent
disposition of the animal by posting security in an amount sufficient to provide for the
actual costs of care and keeping of the animal. The security must be posted within ten
days of the seizure inclusive of the date of the seizure. If, however, a hearing is scheduled
within ten days of the seizure, the security amount must be posted prior to the hearing.

                    National Center for Prosecution of Child Abuse                       143
                          National District Attorney Association
(c)(1) The authority taking custody of an animal under subdivision 4 must give notice of
this section by delivering or mailing it to the owner of the animal, posting a copy of it at
the place where the animal is taken into custody, or delivering it to a person residing on
the property and telephoning, if possible. The notice must include:

(i) a description of the animal seized; the authority and purpose for the seizure; the time,
place, and circumstances under which the animal was seized; and the location, address,
and telephone number of a contact person who knows where the animal is kept;

(ii) a statement that the owner of the animal may post security to prevent disposition of
the animal and may request a hearing concerning the seizure and impoundment and that
failure to do so within ten days of the date of the notice will result in disposition of the
animal; and

(iii) a statement that all actual costs of the care, keeping, and disposal of the animal are
the responsibility of the owner of the animal, except to the extent that a court or hearing
officer finds that the seizure or impoundment was not substantially justified by law. The
notice must also include a form that can be used by a person claiming an interest in the
animal for requesting a hearing.

(2) The owner may request a hearing within ten days of the date of the seizure. If
requested, a hearing must be held within five business days of the request to determine
the validity of the impoundment. The municipality taking custody of the animal or the
municipality from which the animal was seized may either (i) authorize a licensed
veterinarian with no financial interest in the matter or professional association with either
party, or (ii) use the services of a hearing officer to conduct the hearing. An owner may
appeal the hearing officer's decision to the district court within five days of the notice of
the decision.

(3) The judge or hearing officer may authorize the return of the animal if the judge or
hearing officer finds that (i) the animal is physically fit, (ii) the person claiming an
interest in the animal can and will provide the care required by law for the animal, and
(iii) the animal has not been used for violent pitting or fighting.

(4) The person claiming an interest in the animal is liable for all actual costs of care,
keeping, and disposal of the animal, except to the extent that a court or hearing officer
finds that the seizure or impoundment was not substantially justified by law. The costs
must be paid in full or a mutually satisfactory arrangement for payment must be made
between the municipality and the person claiming an interest in the animal before the
return of the animal to the person.

Subd. 6. Photographs.

(a) Photographs of animals seized during an investigation are competent evidence if the
photographs are admissible into evidence under all the rules of law governing the
admissibility of photographs into evidence. A satisfactorily identified photographic
                    National Center for Prosecution of Child Abuse                        144
                          National District Attorney Association
record is as admissible in evidence as the animal itself.

(b) A photograph must be accompanied by a written description of the animals seized, the
name of the owner of the animals seized, the date of the photograph, and the name,
address, organization, and signature of the photographer.

Subd. 7. Veterinary investigative report.

(a) A report completed by a Minnesota licensed veterinarian following an examination of
an animal seized during an investigation is competent evidence. A satisfactorily identified
veterinary investigative report is as admissible in evidence as the animal itself.

(b) The veterinary investigative report may contain a written description of the animal
seized, the medical evaluation of the physical findings, the prognosis for recovery, and
the date of the examination and must contain the name, address, veterinary clinic, and
signature of the veterinarian performing the examination.

MINN. STAT. § 343.30 (2009). INJURY TO BIRDS
A person who in any manner maliciously maims, kills, or destroys any bird designated as
unprotected by section 97A.015, subdivision 52, or who maliciously destroys the nests or
eggs of any such bird shall be guilty of a petty misdemeanor.

MINN. STAT. § 343.36 (2009). GREASED PIG CONTESTS AND
TURKEY SCRAMBLES
No person shall operate, run or participate in a contest, game, or other like activity, in
which a pig, greased, oiled or otherwise, is released and wherein the object is the capture
of the pig, or in which a chicken or turkey is released or thrown into the air and wherein
the object is the capture of the chicken or turkey. Any violation of this section is a
misdemeanor.



MISSISSIPPI

MISS. CODE ANN. § 97-41-1 (2010). Living creatures not to be cruelly
treated
If any person shall override, overdrive, overload, torture, torment, unjustifiably injure,
deprive of necessary sustenance, food, or drink; or cruelly beat or needlessly mutilate; or
cause or procure to be overridden, overdriven, overloaded, tortured, unjustifiably injured,
tormented, or deprived of necessary sustenance, food or drink; or to be cruelly beaten or
needlessly mutilated or killed, any living creature, every such offender shall, for every
offense, be guilty of a misdemeanor.

MISS. CODE ANN. § 97-41-5 (2010). Carrying creature in a cruel manner
If any person shall carry, or cause to be carried by hand or in or upon any vehicle or other
                    National Center for Prosecution of Child Abuse                       145
                           National District Attorney Association
conveyance, any creature in a cruel or inhuman manner, he shall be guilty of a
misdemeanor.

MISS. CODE ANN. § 97-41-7 (2010). Confining creatures without food or
water
If any person shall confine, or cause to be confined, in any stable, lot, or other place, any
living creature, without supplying the same during such confinement with a sufficient
quantity of good and wholesome food and water, he shall be guilty of a misdemeanor.

MISS. CODE ANN. § 97-41-9 (2010). Failure of owner or custodian to
provide sustenance
If any person be the owner or have the custody of any living creature and unjustifiably
neglect or refuse to furnish it necessary sustenance, food, or drink, he shall be guilty of a
misdemeanor.

MISS. CODE ANN. § 97-41-11 (2010). Fighting animals or cocks
Any person who shall keep or use, or in any way be connected with or interested in the
management of, or shall receive money for the admission of any person to, any place kept
or used for the purpose of fighting any bear, cock or other creature, except a dog, or of
tormenting or torturing the same, and every person who shall encourage, aid, or assist
therein, or who shall permit or suffer any place to be so kept or used, shall be guilty of a
misdemeanor. It shall be the duty of any policeman or other officer of the law, county or
municipal, to enter into any such place kept for such purpose, and to arrest each and
every person concerned or participating therein.

MISS. CODE ANN. § 97-41-13 (2010). Penalty for violating certain
sections
Any person who shall violate any of Sections 97-41-3 to 97-41-11, or Section 97-27-7 on
the subject of cruelty to animals shall, on conviction, be fined not less than ten dollars nor
more than one hundred dollars, or shall be imprisoned in the county jail not less than ten
days nor more than one hundred days or both.

MISS. CODE ANN. § 97-41-16 (2010). Malicious or mischievous injury to
dog or cat; penalty; restitution
(1) Any person who shall maliciously, either out of a spirit of revenge or wanton cruelty,
or who shall mischievously kill, maim or wound, or injure any dog or cat, or cause any
person to do the same, shall be fined not more than One Thousand Dollars ($ 1,000.00) or
be imprisoned not exceeding six (6) months.

(2) In addition to such fine or imprisonment which may be imposed, the court shall order
that restitution be made to the owner of such dog or cat. The measure for restitution in
money shall be the current replacement value of such loss and the actual veterinarian
fees, special supplies, loss of income and other cost incurred as a result of actions in
violation of subsection (1) of this section.

                    National Center for Prosecution of Child Abuse                        146
                          National District Attorney Association
MISS. CODE ANN. § 97-41-17 (2010). Poisons; administering to animals
Every person who shall wilfully and unlawfully administer any poison to any horse,
mare, colt, mule, jack, jennet, cattle, deer, dog, hog, sheep, chicken, duck, goose, turkey,
pea-fowl, guinea-fowl, or partridge, or shall maliciously expose any poison substance
with intent that the same should be taken or swallowed by any horse, mare, colt, mule,
jack, jennet, cattle, dog, hog, sheep, chicken, duck, goose, turkey, pea-fowl, guinea-fowl,
or partridge, shall, upon conviction, be punished by imprisonment in the penitentiary not
exceeding three years, or in the county jail not exceeding one year, and by a fine not
exceeding five hundred dollars.

MISS. CODE ANN. § 97-41-18 (2010). Prohibition against intentionally
conducting fight between canine and hog; exceptions; penalties.
[Repealed effective July 1, 2012]
(1) For the purposes of this section, "hog" means a pig, swine or boar.

(2) It is unlawful for any person to organize or conduct any commercial event commonly
referred to as a "catch" wherein there is a display of combat or fighting among one or
more domestic or feral canines and feral or domestic hogs and in which it is intended or
reasonably foreseeable that the canines or hogs would be injured, maimed, mutilated or
killed.

(3) It is unlawful for any person to organize, conduct or financially or materially support
any event prohibited by this section.

(4) The provisions of this section shall not apply to any competitive event in which
canines trained for hunting or herding activities are released in an open or enclosed area
to locate and corner hogs, commonly referred to as a "bay event," and in which
competitive points are deducted if a hog is caught and held.

(5) The provisions of this section shall not apply to the lawful hunting of hogs with
canines or the use of canines for the management, farming or herding of hogs which are
livestock or the private training of canines for the purposes enumerated in this subsection
provided that such training is conducted for the field using accepted dog handling and
training practices and is not in violation of the provisions of subsection (1) of this section.

(6) Any person convicted under the provisions of this section shall be fined not more than
One Thousand Dollars ($ 1,000.00), imprisoned for not more than six (6) months, or
both.

(7) This section shall stand repealed on July 1, 2012.

MISS. CODE ANN. § 97-41-19 (2010). Dog fights
(1) If any person (a) shall sponsor, promote, stage or conduct a fight or fighting match
between dogs, or (b) shall wager or bet, promote or encourage the wagering or betting of
any money or other valuable thing upon any such fight or upon the result thereof, or (c)

                    National Center for Prosecution of Child Abuse                         147
                          National District Attorney Association
shall own a dog with the intent to wilfully enter it or to participate in any such fight, or
(d) shall train or transport a dog for the purposes of participation in any such fight, he
shall be guilty of a felony and, upon conviction, shall be punished by a fine of not less
than One Thousand Dollars ($ 1,000.00) nor more than Five Thousand Dollars ($
5,000.00), or by imprisonment in the State Penitentiary for a term of not less than one (1)
nor more than three (3) years, or by both such fine and imprisonment, in the discretion of
the court.

(2) If any person shall be present, as a spectator, at any location where preparations are
being made for an exhibition of a fight between dogs with the intent to be present at such
preparations, or if any person shall be present at an exhibition of a fight between dogs
with the intent to be present at such exhibition, he shall be guilty of a felony and, upon
conviction, shall be punished by a fine of not less than Five Hundred Dollars ($ 500.00)
nor more than Five Thousand Dollars ($ 5,000.00), or by imprisonment in the State
Penitentiary for a term of not more than one (1) year, or by both such fine and
imprisonment, in the discretion of the court.

(3) Any law enforcement officer making an arrest under subsection (1) of this section
may lawfully take possession of all dogs and all paraphernalia, implements, equipment or
other property used in violation of subsection (1) of this section. Such officer shall file
with the circuit court of the county within which the alleged violation occurred an
affidavit stating therein (a) the name of the person charged, (b) a description of the
property taken, (c) the time and place of the taking, (d) the name of the person who
claims to own such property, if known, and (e) that the affiant has reason to believe,
stating the ground of such belief, that the property taken was used in such violation. He
shall thereupon deliver the property to such court which shall, by order in writing, place
such dogs, paraphernalia, implements, equipment, or other property in the custody of a
licensed veterinarian, the local humane society or other animal welfare agency, or other
suitable custodian, to be kept by such custodian until the conviction or final discharge of
the accused, and shall send a copy of such order without delay to the district attorney of
the county. The custodian named and designated in such order shall immediately assume
the custody of such property and shall retain same, subject to order of the court.

Upon the certification of a licensed veterinarian or officer of the humane society or
animal welfare agency that, in his professional judgment, a dog which has been seized is
not likely to survive the final disposition of the charges or that, by reason of the physical
condition of the dog, it should be humanely euthanized before such time, the court may
order the dog humanely euthanized. The court shall make its finding of whether to issue
such an order within seven (7) days from the certification by the veterinarian or officer of
the humane society or animal welfare agency. The owner of a dog which is euthanized
without an order of the court with such certification of a licensed veterinarian or officer
of the humane society or other animal welfare agency shall have a right of action for
damages against the department or agency by which the arresting or seizing officer is
employed. Upon conviction of the person charged with a violation of subsection (1) of
this section, all dogs seized shall be adjudged by the court to be forfeited and the court
shall order a humane disposition of the same. In no event shall the court order the dog to
                    National Center for Prosecution of Child Abuse                       148
                          National District Attorney Association
be euthanized without the certification of a licensed veterinarian or officer of the humane
society or other animal welfare agency that, in his judgment, the dog is not likely to
survive or that, by reason of its physical condition, the dog should be humanely
euthanized. In the event of the acquittal or final discharge without conviction of the
accused, the court shall direct the delivery of the property so held in custody to the owner
thereof. All reasonable expenses incurred by the custodian of seized dogs and property
shall be charged as costs of court, to be taxed against the owner or county in the
discretion of the court.

(4) Nothing in subsection (1) of this section shall prohibit any of the following:

  (a) The use of dogs in the management of livestock, by the owner of such livestock or
other persons in lawful custody thereof;

 (b) The use of dogs in lawful hunting; and

 (c) The training of dogs for any purpose not prohibited by law.

MISS. CODE ANN. § 97-29-59 (2010). Unnatural intercourse
Every person who shall be convicted of the detestable and abominable crime against
nature committed with mankind or with a beast, shall be punished by imprisonment in the
penitentiary for a term of not more than ten years.




MISSOURI

MO. REV. STAT. § 578.009 (2010). Animal neglect and abandonment--
penalties
1. A person is guilty of animal neglect when he has custody or ownership or both of an
animal and fails to provide adequate care or adequate control, which results in substantial
harm to the animal.

2. A person is guilty of abandonment when he has knowingly abandoned an animal in
any place without making provisions for its adequate care.

3. Animal neglect and abandonment is a class C misdemeanor upon first conviction and
for each offense, punishable by imprisonment or a fine not to exceed five hundred
dollars, or both, and a class B misdemeanor punishable by imprisonment or a fine not to
exceed one thousand dollars, or both upon the second and all subsequent convictions. All
fines and penalties for a first conviction of animal neglect or abandonment may be
waived by the court provided that the person found guilty of animal neglect or
abandonment shows that adequate, permanent remedies for the neglect or abandonment
have been made. Reasonable costs incurred for the care and maintenance of neglected or
abandoned animals may not be waived. This section shall not apply to the provisions of
                    National Center for Prosecution of Child Abuse                   149
                           National District Attorney Association
section 578.007.

4. In addition to any other penalty imposed by this section, the court may order a person
found guilty of animal neglect or abandonment to pay all reasonable costs and expenses
necessary for:

  (1) The care and maintenance of neglected or abandoned animals within the person's
custody or ownership;

 (2) The disposal of any dead or diseased animals within the person's custody or
ownership;

  (3) The reduction of resulting organic debris affecting the immediate area of the neglect
or abandonment; and

  (4) The avoidance or minimization of any public health risks created by the neglect or
abandonment of the animals.

MO. REV. STAT. § 578.014 (2010). Responsibility of parent or guardian
of minor owning
The parent or guardian of a minor child is responsible for the adequate care of any animal
owned by, in the control of, or harbored by that minor child.

MO. REV. STAT. § 578.021 (2010). Neglected or abused animal not to be
returned to owner or custodian, when
If a person is adjudicated guilty of the crime of animal neglect or animal abuse and the
court having jurisdiction is satisfied that an animal owned or controlled by such person
would in the future be subject to such neglect or abuse, such animal shall not be returned
to or allowed to remain with such person, but its disposition shall be determined by the
court

MO. REV. STAT. § 578.025 (2010). Dogs, fighting, training to fight or
injuring for amusement or gain, penalty--spectator, penalty
1. Any person who:

  (1) Owns, possesses, keeps, or trains any dog, with the intent that such dog shall be
engaged in an exhibition of fighting with another dog;

  (2) For amusement or gain, causes any dog to fight with another dog, or causes any
dogs to injure each other; or

  (3) Permits any act as described in subdivision (1) or (2) of this subsection to be done
on any premises under his charge or control, or aids or abets any such act

is guilty of a class D felony.
                    National Center for Prosecution of Child Abuse                        150
                          National District Attorney Association
2. Any person who is knowingly present, as a spectator, at any place, building, or
structure where preparations are being made for an exhibition of the fighting of dogs,
with the intent to be present at such preparations, or is knowingly present at such
exhibition or at any other fighting or injuring as described in subdivision (2) of
subsection 1 of this section, with the intent to be present at such exhibition, fighting, or
injuring is guilty of a class A misdemeanor.

3. Nothing in this section shall be construed to prohibit:

  (1) The use of dogs in the management of livestock by the owner of such livestock or
his employees or agents or other persons in lawful custody of such livestock;

 (2) The use of dogs in hunting; or

  (3) The training of dogs or the use of equipment in the training of dogs for any purpose
not prohibited by law.

MO. REV. STAT. § 578.050 (2010). Bullbaiting and cockfighting -- penalty
Any person who shall keep or use, or in any way be connected with or interested in the
management of, or shall receive money for the admission of any person to, any place kept
or used for the purpose of fighting or baiting any bull, bear, cock or other creature, except
dogs, and any person who shall encourage, aid or assist or be present thereat, or who shall
permit or suffer any place belonging to him or under his control to be so kept or used,
shall, on conviction thereof, be guilty of a class A misdemeanor.

MO. REV. STAT. § 578.173 (2010). Baiting or fighting animals--penalty
Baiting or fighting animals -- penalty. -- 1. Any person who commits any of the
following acts is guilty of a class D felony:

 (1) Baiting or fighting animals;

  (2) Permitting baiting or animal fighting to be done on any premises under his charge or
control;

 (3) Promoting, conducting, or staging a baiting or fight between two or more animals;

 (4) Advertising a baiting or fight between two or more animals;

 (5) Collecting any admission fee for a baiting or fight between two or more animals.

   2. Any person who commits any of the following acts is guilty of a class A
misdemeanor:

 (1) Knowingly attending the baiting or fighting of animals;

                    National Center for Prosecution of Child Abuse                         151
                          National District Attorney Association
  (2) Knowingly selling, offering for sale, shipping, or transporting any animal which has
been bred or trained to bait or fight another animal;

  (3) Owning or possessing any of the cockfighting implements, commonly known as
gaffs and slashers, or any other sharp implement designed to be attached to the leg of a
gamecock;

  (4) Manufacturing, selling, bartering or exchanging any of the cockfighting
implements, commonly known as gaffs and slashers, or any other sharp implement
designed to be attached to the leg of a gamecock.

MO. REV. STAT. § 578.176 (2010). Bear wrestling--penalty
 Bear wrestling -- penalty. -- Any person who commits any of the following acts is guilty
of a class A misdemeanor:

 (1) Bear wrestling;

 (2) Permitting bear wrestling to be done on any premises under his charge or control;

 (3) Promoting, conducting, or staging bear wrestling;

 (4) Advertising bear wrestling;

 (5) Collecting any admission fee for bear wrestling;

 (6) Purchasing, selling, or possessing a bear which he knows will be used for bear
wrestling;

 (7) Training a bear for bear wrestling;

 (8) Subjecting a bear to surgical alteration for bear wrestling.

MO. REV. STAT. § 578.182 (2010). Exemptions
1. The provisions of sections 578.173 and 578.176 shall not apply to:

  (1) Any person simulating a fight for the purpose of using the simulated fight as part of
a motion picture production or a motion picture production for television, provided
sections 578.009 and 578.012 are not violated;

  (2) Any person selling, offering for sale, shipping, transporting or using any animal, for
the sole purpose of tracking, pursuing or taking wildlife, or to participate in any hunting,
fishing or any other activity regulated by the Missouri wildlife code;

  (3) Any person using animals to herd, work or identify livestock for agricultural
purposes according to recognized animal husbandry.

                    National Center for Prosecution of Child Abuse                      152
                          National District Attorney Association
2. Nothing in the provisions of sections 578.170, 578.173, and 578.176 shall be construed to:

  (1) Prohibit breeding, rearing or slaughtering poultry pursuant to the provisions of
chapters 196, 262, 265, 276 and 277, RSMo;

  (2) Prohibit breeding or rearing game fowl when the game fowl are not intended for use
in violation of the provisions of sections 578.170, 578.173 or 578.176;

  (3) Prohibit professional or amateur rodeo practices, and skill events when the practices
and skill events are not intended for use in violation of the provisions of sections 578.170,
578.173 and 578.176.


MONTANA

MONT. CODE ANN. § 45-8-211 (2010). Cruelty to animals -- exceptions.
(1) A person commits the offense of cruelty to animals if, without justification, the
person knowingly or negligently subjects an animal to mistreatment or neglect by:

(a) overworking, beating, tormenting, torturing, injuring, or killing the animal;

(b) carrying or confining the animal in a cruel manner;

(c) failing to provide an animal in the person's custody with:

(i) food and water of sufficient quantity and quality to sustain the animal's normal health;

(ii) minimum protection for the animal from adverse weather conditions, with
consideration given to the species;

(iii) in cases of immediate, obvious, serious illness or injury, licensed veterinary or other
appropriate medical care;

(d) abandoning any helpless animal or abandoning any animal on any highway, railroad,
or in any other place where it may suffer injury, hunger, or exposure or become a public
charge; or

(e) promoting, sponsoring, conducting, or participating in an animal race of more than 2
miles, except a sanctioned endurance race.

(2) (a) A person convicted of the offense of cruelty to animals shall be fined an amount
not to exceed $ 1,000 or be imprisoned in the county jail for a term not to exceed 1 year,
or both. A person convicted of a second or subsequent offense of cruelty to animals or of
a first or subsequent offense of aggravated animal cruelty shall be fined an amount not to
exceed $ 2,500 or be sentenced to the department of corrections for a term not to exceed
2 years, or both.

                    National Center for Prosecution of Child Abuse                         153
                          National District Attorney Association
(b) If the convicted person is the owner, the person may be required to forfeit any animal
affected to the county in which the person is convicted. This provision does not affect the
interest of any secured party or other person who has not participated in the offense.

(c) For the purposes of this subsection (2), when more than one animal is subject to
cruelty to animals, each act may comprise a separate offense.

(3) In addition to the sentence provided in subsection (2), the court:

(a) shall require the defendant to pay all reasonable costs incurred in providing necessary
veterinary attention and treatment for any animal affected, including reasonable costs of
care incurred by a public or private animal control agency or humane animal treatment
shelter;

(b) may require the defendant to pay all reasonable costs of necessary care of the
affected animal that are incurred by a public or private animal control agency or humane
animal treatment shelter; and

(c) shall prohibit or limit the defendant's ownership, possession, or custody of animals,
as the court believes appropriate during the term of the sentence.

(4) This section does not prohibit:

(a) a person humanely destroying an animal for just cause;

(b) the use of commonly accepted agricultural and livestock practices on livestock;

(c) rodeo activities that meet humane standards of the professional rodeo cowboys
association;

(d) lawful fishing, hunting, and trapping activities;

(e) lawful wildlife management practices;

(f) lawful scientific or agricultural research or teaching that involves the use of animals;

(g) services performed by a licensed veterinarian;

(h) lawful control of rodents and predators and other lawful animal damage control
activities; or

(i) accepted training and discipline methods.

MONT. CODE ANN. § 45-8-210 (2010). Causing animals to fight -- owners,
trainers, and spectators -- penalties -- exception -- definition.
                    National Center for Prosecution of Child Abuse                       154
                          National District Attorney Association
(1) A person commits the offense of causing animals to fight if the person:

(a) owns, possesses, keeps, or trains any animal with the intent that the animal fight or be
engaged in an exhibition of fighting with another animal;

(b) allows or causes any animal to fight with another animal or causes any animal to
menace or injure another animal for the purpose of sport, amusement, or gain;

(c) knowingly permits any act in violation of subsection (1)(a) or (1)(b) to take place on
any premises under the person's charge or control or aids or abets any act described in
subsection (1)(a) or (1)(b);

(d) participates in any exhibition in which animals are fighting for the purpose of sport,
amusement, or gain.

(2) A person convicted of violating this section is guilty of a felony and shall be fined an
amount not to exceed $ 5,000 or be imprisoned in the state prison for a term of not less
than 1 year or more than 5 years, or both.

(3) Nothing in this section prohibits the following:

(a) accepted husbandry practices used in the raising of livestock or poultry;

(b) the use of animals in the normal and usual course of rodeo events; or

(c) the use of animals in hunting and training as permitted by law.

(4) For purposes of this section, "animal" means any cock, bird, dog, or mammal except
a human.

MONT. CODE ANN. § 45-8-217 (2010). Aggravated animal cruelty.
A person commits the offense of aggravated animal cruelty if the person purposely or
knowingly:

(1) kills or inflicts cruelty to an animal with the purpose of terrifying, torturing, or
mutilating the animal; or

(2) inflicts cruelty to animals on a collection, kennel, or herd of 10 or more animals.

MONT. CODE ANN. § 45-5-505 (2010). Deviate sexual conduct.
(1) A person who knowingly engages in deviate sexual relations or who causes another
to engage in deviate sexual relations commits the offense of deviate sexual conduct.

(2) A person convicted of the offense of deviate sexual conduct shall be imprisoned in
the state prison for any term not to exceed 10 years or be fined an amount not to exceed $
50,000, or both.
                     National Center for Prosecution of Child Abuse                    155
                           National District Attorney Association
(3) The fact that a person seeks testing or receives treatment for the HIV-related virus or
another sexually transmitted disease may not be used as a basis for a prosecution under
this section and is not admissible in evidence in a prosecution under this section.

NOTES:
Definition of deviate sexual relations, 45-2-101 (21) "Deviate sexual relations" means
sexual contact or sexual intercourse between two persons of the same sex or any form of
sexual intercourse with an animal.



NEBRASKA

NEB. REV. STAT. ANN. § 28-1004 (2010). Terms, defined [Offenses
against animals]
As used in this section and section 28-1005, unless the context otherwise requires:

 (1) Bearbaiting shall mean the pitting of any animal against a bear;

 (2) Cockfighting shall mean the pitting of a fowl against another fowl;

 (3) Dogfighting shall mean the pitting of a dog against another dog; and

 (4) Pitting shall mean bringing animals together in combat.

NEB. REV. STAT. ANN. § 28-1005 (2010). Dogfighting, cockfighting,
bearbaiting, or pitting an animal against another; prohibited acts;
penalty
(1) No person shall knowingly:

  (a) Promote, engage in, or be employed at dogfighting, cockfighting, bearbaiting, or
pitting an animal against another;

  (b) Receive money for the admission of another person to a place kept for such
purpose;

 (c) Own, use, train, sell, or possess an animal for such purpose; or

  (d) Permit any act as described in this subsection to occur on any premises owned or
controlled by him or her.

(2) Any person violating subsection (1) of this section shall be guilty of a Class IV
felony.

                    National Center for Prosecution of Child Abuse                       156
                          National District Attorney Association
(3) No person shall knowingly and willingly be present at and witness as a spectator
dogfighting, cockfighting, bearbaiting, or the pitting of an animal against another as
prohibited in subsection (1) of this section. Any person who violates any provision of this
subsection shall be guilty of a Class IV felony.

NEB. REV. STAT. ANN. § 28-1007 (2010). Sections, how construed
Legislative Alert:
Legis. B. 252, 101st Leg., 1st Reg. Sess. (Neb. 2009)-- See sections 4 and 6.


[*4] Sec. 4. Section 28-1007, Reissue Revised Statutes of Nebraska, is amended to read:

28-1007 Sections 28-1004 to 28-1006 [A> AND SECTION 2 OF THIS ACT <A] shall
not be construed to amend or in any manner change the authority of the Game and Parks
Commission under the Game Law, to prohibit any conduct authorized or permitted in the
Game Law, or to prohibit the training of [D> dogs <D] [A> ANIMALS <A] for any
purpose not prohibited by law.

 [*6] Sec. 6. Original sections 28-1006, 28-1007, and 28-1019, Reissue Revised Statutes
of Nebraska, and section 28-101, Revised Statutes Supplement, 2009, are repealed.

Sections 28-1004to 28-1006 shall not be construed to amend or in any manner change the
authority of the Game and Parks Commission under the Game Law, to prohibit any
conduct authorized or permitted in the Game Law, or to prohibit the training of dogs for
any purpose not prohibited by law.

NEB. REV. STAT. ANN. § 28-1008 (2010). Terms, defined [1008-1017;
1019, 1020].
Legislative Alert:
Legis. B. 865, 101st Leg., 2nd Reg. Sess. (Neb. 2010)-- See sections 13 and 16.

[*13] Sec. 13. Section 28-1008, Revised Statutes Supplement, 2009, is amended to read:

28-1008 For purposes of sections 28-1008 to 28-1017, 28-1019, and 28-1020:

(1) Abandon means to leave any animal in one's care, whether as owner or custodian, for
any length of time without making effective provision for its food, water, or other care as
is reasonably necessary for the animal's health;

(2) Animal means any vertebrate member of the animal kingdom. [D> The term <D] [A>
ANIMAL <A] does not include an uncaptured wild creature [A> OR A LIVESTOCK
ANIMAL AS DEFINED IN SECTION 2 OF THIS ACT <A] ;

[D> (3) Bovine means a cow, an ox, or a bison; <D]

[D> (4) <D] [A> (3) <A] Cruelly mistreat means to knowingly and intentionally kill,
                  National Center for Prosecution of Child Abuse                    157
                        National District Attorney Association
maim, disfigure, torture, beat, mutilate, burn, scald, or otherwise inflict harm upon any
animal;

[D> (5) <D] [A> (4) <A] Cruelly neglect means to fail to provide any animal in one's
care, whether as owner or custodian, with food, water, or other care as is reasonably
necessary for the animal's health;

[D> (6) Equine means a horse, pony, donkey, mule, hinny, or llama; <D]

[D> (7) <D] [A> (5) <A] Humane killing means the destruction of an animal by a method
which causes the animal a minimum of pain and suffering;

[D> (8) <D] [A> (6) <A] Law enforcement officer means any member of the Nebraska
State Patrol, any county or deputy sheriff, any member of the police force of any city or
village, or any other public official authorized by a city or village to enforce state or local
animal control laws, rules, regulations, or ordinances. Law enforcement officer also
includes any inspector under the Commercial Dog and Cat Operator Inspection Act to the
extent that such inspector may exercise the authority of a law enforcement officer under
section 28-1012 while in the course of performing inspection activities under the
Commercial Dog and Cat Operator Inspection Act;

[D> (9) <D] [A> (7) <A] Mutilation means intentionally causing permanent injury,
disfigurement, degradation of function, incapacitation, or imperfection to an animal.
Mutilation does not include conduct performed by a veterinarian licensed to practice
veterinary medicine and surgery in this state or conduct that conforms to accepted
veterinary practices;

[D> (10) <D] [A> (8) <A] Police animal means a horse or dog owned or controlled by
the State of Nebraska for the purpose of assisting a Nebraska state trooper in the
performance of his or her official enforcement duties;

[D> (11) <D] [A> (9) <A] Repeated beating means intentional successive strikes to an
animal by a person resulting in serious bodily injury or death to the animal;

[D> (12) <D] [A> (10) <A] Serious injury or illness includes any injury or illness to any
animal which creates a substantial risk of death or which causes broken bones, prolonged
impairment of health, or prolonged loss or impairment of the function of any bodily
organ; and

[D> (13) <D] [A> (11) <A] Torture means intentionally subjecting an animal to extreme
pain, suffering, or agony. Torture does not include conduct performed by a veterinarian
licensed to practice veterinary medicine and surgery in this state or conduct that conforms
to accepted veterinary practices.

[*16] Sec. 16. Original sections 28-1008 and 28-1013, Revised Statutes Supplement,
2009, are repealed.
                    National Center for Prosecution of Child Abuse                         158
                          National District Attorney Association
For purposes of sections 28-1008 to 28-1017, 28-1019, and 28-1020:

  (1) Abandon means to leave any animal in one's care, whether as owner or custodian,
for any length of time without making effective provision for its food, water, or other
care as is reasonably necessary for the animal's health;

  (2) Animal means any vertebrate member of the animal kingdom. The term does not
include an uncaptured wild creature;

 (3) Bovine means a cow, an ox, or a bison;

  (4) Cruelly mistreat means to knowingly and intentionally kill, maim, disfigure, torture,
beat, mutilate, burn, scald, or otherwise inflict harm upon any animal;

  (5) Cruelly neglect means to fail to provide any animal in one's care, whether as owner
or custodian, with food, water, or other care as is reasonably necessary for the animal's
health;

 (6) Equine means a horse, pony, donkey, mule, hinny, or llama;

  (7) Humane killing means the destruction of an animal by a method which causes the
animal a minimum of pain and suffering;

  (8) Law enforcement officer means any member of the Nebraska State Patrol, any
county or deputy sheriff, any member of the police force of any city or village, or any
other public official authorized by a city or village to enforce state or local animal control
laws, rules, regulations, or ordinances. Law enforcement officer also includes any
inspector under the Commercial Dog and Cat Operator Inspection Act to the extent that
such inspector may exercise the authority of a law enforcement officer under section 28-
1012 while in the course of performing inspection activities under the Commercial Dog
and Cat Operator Inspection Act;

  (9) Mutilation means intentionally causing permanent injury, disfigurement,
degradation of function, incapacitation, or imperfection to an animal. Mutilation does not
include conduct performed by a veterinarian licensed to practice veterinary medicine and
surgery in this state or conduct that conforms to accepted veterinary practices;

  (10) Police animal means a horse or dog owned or controlled by the State of Nebraska
for the purpose of assisting a Nebraska state trooper in the performance of his or her
official enforcement duties;

  (11) Repeated beating means intentional successive strikes to an animal by a person
resulting in serious bodily injury or death to the animal;

 (12) Serious injury or illness includes any injury or illness to any animal which creates
                    National Center for Prosecution of Child Abuse                        159
                          National District Attorney Association
a substantial risk of death or which causes broken bones, prolonged impairment of health,
or prolonged loss or impairment of the function of any bodily organ; and

  (13) Torture means intentionally subjecting an animal to extreme pain, suffering, or
agony. Torture does not include conduct performed by a veterinarian licensed to practice
veterinary medicine and surgery in this state or conduct that conforms to accepted
veterinary practices.

NEB. REV. STAT. ANN. § 28-1009 (2010). Abandonment; cruel neglect;
harassment of a police animal; penalty.
(1) A person who intentionally, knowingly, or recklessly abandons or cruelly neglects an
animal is guilty of a Class I misdemeanor unless the abandonment or cruel neglect results
in serious injury or illness or death of the animal, in which case it is a Class IV felony.

(2) (a) Except as provided in subdivision (b) of this subsection, a person who cruelly
mistreats an animal is guilty of a Class I misdemeanor for the first offense and a Class IV
felony for any subsequent offense.

  (b) A person who cruelly mistreats an animal is guilty of a Class IV felony if such cruel
mistreatment involves the knowing and intentional torture, repeated beating, or mutilation
of the animal.

(3) A person commits harassment of a police animal if he or she knowingly and
intentionally teases or harasses a police animal in order to distract, agitate, or harm the
police animal for the purpose of preventing such animal from performing its legitimate
official duties. Harassment of a police animal is a Class IV misdemeanor unless the
harassment is the proximate cause of the death of the police animal, in which case it is a
Class IV felony.

NEB. REV. STAT. ANN. § 28-1010 (2010). Indecency with an animal;
penalty.
A person commits indecency with an animal when such person subjects an animal to
sexual penetration as defined in section 28-318. Indecency with an animal is a Class III
misdemeanor.

NEB. REV. STAT. ANN. § 28-1013 (2010). Sections; exemptions.
Legislative Alert:
Legis. B. 865, 101st Leg., 2nd Reg. Sess. (Neb. 2010)-- See sections 14 and 16.

[*14] Sec. 14. Section 28-1013, Revised Statutes Supplement, 2009, is amended to read:

28-1013 Sections 28-1008 to 28-1017 and 28-1019 shall not apply to:

(1) Care or treatment of an animal or other conduct by a veterinarian or veterinary
technician licensed under the Veterinary Medicine and Surgery Practice Act that occurs

                   National Center for Prosecution of Child Abuse                          160
                         National District Attorney Association
within the scope of his or her employment, that occurs while acting in his or her
professional capacity, or that conforms to commonly accepted veterinary practices;

(2) Commonly accepted care or treatment of a police animal by a law enforcement officer
in the normal course of his or her duties;

(3) Research activity carried on by any research facility currently meeting the standards
of the federal Animal Welfare Act, 7 U.S.C. 2131 et seq., as such act existed on January 1,
[D> 2003; <D] [A> 2010; <A]

(4) Commonly accepted practices of hunting, fishing, or trapping;

[D> (5) Commonly accepted practices occurring in conjunction with sanctioned rodeos,
animal racing, or pulling contests; <D]

[D> (6) <D] [A> (5) <A] Humane killing of an animal by the owner or by his or her
agent or a veterinarian upon the owner's request;

[D> (7) Commonly accepted practices of animal husbandry with respect to farm animals
and commercial livestock operations, including their transport from one location to
another and nonnegligent actions taken by personnel or agents of the Nebraska
Department of Agriculture or the United States Department of Agriculture in the
performance of duties prescribed by law; <D]

[D> (8) <D] [A> (6) <A] Use of reasonable force against an animal, other than a police
animal, which is working, including killing, capture, or restraint, if the animal is outside
the owned or rented property of its owner or custodian and is injuring or posing an
immediate threat to any person or other animal;

[D> (9) <D] [A> (7) <A] Killing of house or garden pests; [A> AND <A]

[D> (10) Commonly followed practices occurring in conjunction with the slaughter of
animals for food or byproducts; and <D]

[D> (11) <D] [A> (8) <A] Commonly accepted animal training practices.

[*16] Sec. 16. Original sections 28-1008 and 28-1013, Revised Statutes Supplement,
2009, are repealed.

Sections 28-1008   to 28-1017 and 28-1019 shall not apply to:

  (1) Care or treatment of an animal or other conduct by a veterinarian or veterinary
technician licensed under the Veterinary Medicine and Surgery Practice Act that occurs
within the scope of his or her employment, that occurs while acting in his or her
professional capacity, or that conforms to commonly accepted veterinary practices;

                       National Center for Prosecution of Child Abuse                     161
                             National District Attorney Association
  (2) Commonly accepted care or treatment of a police animal by a law enforcement
officer in the normal course of his or her duties;

  (3) Research activity carried on by any research facility currently meeting the standards
of the federal Animal Welfare Act, 7 U.S.C. 2131 et seq., as such act existed on January 1,
2003;

 (4) Commonly accepted practices of hunting, fishing, or trapping;

  (5) Commonly accepted practices occurring in conjunction with sanctioned rodeos,
animal racing, or pulling contests;

  (6) Humane killing of an animal by the owner or by his or her agent or a veterinarian
upon the owner's request;

  (7) Commonly accepted practices of animal husbandry with respect to farm animals
and commercial livestock operations, including their transport from one location to
another and nonnegligent actions taken by personnel or agents of the Nebraska
Department of Agriculture or the United States Department of Agriculture in the
performance of duties prescribed by law;

  (8) Use of reasonable force against an animal, other than a police animal, which is
working, including killing, capture, or restraint, if the animal is outside the owned or
rented property of its owner or custodian and is injuring or posing an immediate threat to
any person or other animal;

 (9) Killing of house or garden pests;

  (10) Commonly followed practices occurring in conjunction with the slaughter of
animals for food or byproducts; and

 (11) Commonly accepted animal training practices.

NEB. REV. STAT. ANN. § 28-1015 (2010). Ownership by child;
applicability of penalties.
When an animal is owned by a minor child, the parent of such minor child with whom the
child resides or legal guardian with whom the child resides shall be subject to the
penalties provided under sections 28-1008 to 28-1017, 28-1019, and 28-1020 if the animal is
abandoned or cruelly neglected.

NEB. REV. STAT. ANN. § 28-1017 (2010). Animal abandonment, cruel
neglect, or cruel mistreatment; report required by certain employees;
violation; penalty.
(1) For purposes of this section:


                   National Center for Prosecution of Child Abuse                      162
                         National District Attorney Association
  (a) Reasonably suspects means a basis for reporting knowledge or a set of facts that
would lead a person of ordinary care and prudence to believe and conscientiously
entertain a strong suspicion that criminal activity is at hand or that a crime has been
committed; and

  (b) Employee means any employee of a governmental agency dealing with child or
adult protective services, animal control, or animal abuse.

(2) Any employee, while acting in his or her professional capacity or within the scope of
his or her employment, who observes or is involved in an incident which leads the
employee to reasonably suspect that an animal has been abandoned, cruelly neglected, or
cruelly mistreated shall report such to the entity or entities that investigate such reports in
that jurisdiction.

(3) The report of an employee shall be made within two working days of acquiring the
information concerning the animal by facsimile transmission of a written report presented
in the form described in subsection (6) of this section or by telephone. When an
immediate response is necessary to protect the health and safety of the animal or others,
the report of an employee shall be made by telephone as soon as possible.

(4) Nothing in this section shall be construed to impose a duty to investigate observed or
reasonably suspected animal abandonment, cruel neglect, or cruel mistreatment. Any
person making a report under this section is immune from liability except for false
statements of fact made with malicious intent.

(5) A report made by an employee pursuant to this section shall include:

 (a) The reporter's name and title, business address, and telephone number;

  (b) The name, if known, of the animal owner or custodian, whether a business or
individual;

  (c) A description of the animal or animals involved, person or persons involved, and
location of the animal or animals and the premises; and

  (d) The date, time, and a description of the observation or incident which led the
reporter to reasonably suspect animal abandonment, cruel neglect, or cruel mistreatment
and any other information the reporter believes may be relevant.

(6) A report made by an employee pursuant to this section may be made on preprinted
forms prepared by the entity or entities that investigate reports of animal abandonment,
cruel neglect, or cruel mistreatment in that jurisdiction. The form shall include space for
the information required under subsection (5) of this section.

(7) When two or more employees jointly have observed or reasonably suspected animal
abandonment, cruel neglect, or cruel mistreatment and there is agreement between or
                    National Center for Prosecution of Child Abuse                         163
                          National District Attorney Association
among them, a report may be made by one person by mutual agreement. Any such
reporter who has knowledge that the person designated to report has failed to do so shall
thereafter make the report.

(8) Any employee failing to report under this section shall be guilty of an infraction




NEB. REV. STAT. ANN. § 28-1019 (2010). Conviction; order prohibiting
ownership, possession, or residing with animal; duration; violation;
penalty; seizure of animal.
Legislative Alert:
Legis. B. 712, 101st Leg., 2nd Reg. Sess. (Neb. 2010)-- See sections 13 and 48.

[*13] Sec. 13. Section 28-1019, Reissue Revised Statutes of Nebraska, is amended to
read:

28-1019 (1)(a) If a person is convicted of a Class IV felony under section 28-1005 or 28-
1009, the sentencing court shall order such person not to own, possess, or reside with any
animal for at least five years after the date of conviction, but such time restriction shall
not exceed fifteen years. Any person violating such court order shall be guilty of a Class I
misdemeanor.

(b) If a person is convicted of a Class I misdemeanor under subdivision (2)(a) of section
28-1009 or a Class III misdemeanor under section 28-1010, the sentencing court may
order such person not to own, possess, or reside with any animal after the date of
conviction, but such time restriction, if any, shall not exceed five years. Any person
violating such court order shall be guilty of a Class IV misdemeanor.

(c) Any animal involved in a violation of a court order under subdivision (a) or (b) of this
subsection shall be subject to seizure by law enforcement. [A> DISTRIBUTION OR
DISPOSITION SHALL BE MADE UNDER SECTION 29-818. <A]

(2) This section shall not apply to any person convicted under section 28-1005 or 28-
1009 if a licensed physician confirms in writing that ownership or possession of or
residence with an animal is essential to the health of such person.

[*48] Sec. 48. Original sections 25-410, 25-1625, 25-2720.01, 25-2803, 25-2804, 28-
201, 28-502, 28-503, 28-504, 28-1006, 28-1012, 28-1019, 29-818, 29-1207, 29-1208, 29-
2412, 30-2322, 30-2323, 30-2325, 30-2664, 30-2715, 43-1701, 43-1702, 43-1703, 43-
1717, 43-1718.02, 43-1720, 43-1722, 43-1723, 43-1724, 43-1726, 43-1727, 43-3330, 47-
502, 49-1501, 69-2304, and 69-2308, Reissue Revised Statutes of Nebraska, and section
25-1628, Revised Statutes Supplement, 2009, are repealed.

(1) (a) If a person is convicted of a Class IV felony under section 28-1005 or 28-1009, the
                    National Center for Prosecution of Child Abuse                            164
                          National District Attorney Association
sentencing court shall order such person not to own, possess, or reside with any animal
for at least five years after the date of conviction, but such time restriction shall not
exceed fifteen years. Any person violating such court order shall be guilty of a Class I
misdemeanor.

  (b) If a person is convicted of a Class I misdemeanor under subdivision (2)(a) of section
28-1009 or a Class III misdemeanor under section 28-1010, the sentencing court may order
such person not to own, possess, or reside with any animal after the date of conviction,
but such time restriction, if any, shall not exceed five years. Any person violating such
court order shall be guilty of a Class IV misdemeanor.

  (c) Any animal involved in a violation of a court order under subdivision (a) or (b) of
this subsection shall be subject to seizure by law enforcement.

(2) This section shall not apply to any person convicted under section 28-1005 or 28-1009 if a
licensed physician confirms in writing that ownership or possession of or residence with
an animal is essential to the health of such person.

NEB. REV. STAT. ANN. § 28-1020 (2010). Animal abandonment, cruel
neglect, or cruel mistreatment; report required by animal health care
professional; immunity from liability.
(1) Any animal health care professional, while acting in his or her professional capacity
or within the scope of his or her employment, who observes or is involved in an incident
which leads the animal health care professional to reasonably suspect that an animal has
been abandoned, cruelly neglected, or cruelly mistreated, shall report such treatment to an
entity that investigates such reports in the appropriate jurisdiction.

(2) Nothing in this section shall be construed to impose a duty to investigate observed or
reasonably suspected abandonment, cruel neglect, or cruel mistreatment of an animal.
Any person making a report under this section is immune from liability except for false
statements of fact made with malicious intent.

(3) For purposes of this section, an animal health care professional means a licensed
veterinarian as defined in section 38-3310 or a licensed veterinary technician as defined in
section 38-3311.




NEVADA
NEV. REV. STAT. ANN. § 206.150 (2009). Killing, maiming, disfiguring or
poisoning animal of another person; killing estray or livestock.
1. Except as otherwise provided in subsections 2 and 3, any person who willfully and
maliciously kills, maims or disfigures any animal belonging to another, or exposes any
poison or noxious substance with intent that it should be taken by the animal is guilty of a
                    National Center for Prosecution of Child Abuse                      165
                          National District Attorney Association
category D felony and shall be punished as provided in NRS 193.130, and may be further
punished by a fine of not more than $10,000.

2. Except as otherwise provided in NRS 205.220, a person who willfully and maliciously
kills an estray or one or more head of livestock, without the authority to do so, is guilty of
a category C felony and shall be punished as provided in NRS 193.130.

3. The provisions of subsection 1 do not apply to any person who kills a dog pursuant to
NRS 575.020.

4. As used in this section:

  (a) "Estray" means any livestock running at large upon public or private lands in this
state, whose owner is unknown in the section where the animal is found.

 (b) "Livestock" has the meaning ascribed to it in NRS 205.219

NEV. REV. STAT. ANN. § 574.050 (2009). Definitions [Cruelty to Animals.
Prevention and Penalties].
As used in NRS 574.050 to 574.200, inclusive:

 1. "Animal" does not include the human race, but includes every other living creature.

  2. "First responder" means a person who has successfully completed the national
standard course for first responders.

  3. "Police animal" means an animal which is owned or used by a state or local
governmental agency and which is used by a peace officer in performing his duties as a
peace officer.

 4. "Torture" or "cruelty" includes every act, omission or neglect, whereby unjustifiable
physical pain, suffering or death is caused or permitted.

NEV. REV. STAT. ANN. § 574.060 (2009). Commission of certain acts
concerning place kept or used for baiting or fighting birds or other
animals unlawful; penalties.
1. A person shall not keep or use, or in any manner be connected with, or be interested in
the management of, or receive money for the admission of any person to, a house,
apartment, pit or place kept or used for baiting or fighting any bird or animal, or be an
owner or occupant of a house, apartment, pit or place who willfully procures or permits
the same to be used or occupied for such baiting or fighting.

2. A person who violates any provision of subsection 1 is guilty of:

 (a) For a first offense, a gross misdemeanor.

                    National Center for Prosecution of Child Abuse                        166
                          National District Attorney Association
  (b) For a second offense, a category E felony and shall be punished as provided in NRS
193.130.

  (c) For a third or subsequent offense, a category D felony and shall be punished as
provided in NRS 193.130.

3. Upon complaint under oath or affirmation to any magistrate authorized to issue
warrants in criminal cases that the complainant has just and reasonable cause to suspect
that any provision of law relating to or in any way affecting animals is being or is about
to be violated in any particular building or place, the magistrate shall immediately issue
and deliver a warrant to any person authorized by law to make arrests for such offenses,
authorizing him to enter and search the building or place, to arrest any person there
present found violating any such law and to bring the person before the nearest magistrate
of competent jurisdiction to be dealt with according to law.

NEV. REV. STAT. ANN. § 574.070 (2009). Instigating or witnessing fights
between birds or other animals unlawful; penalties; exceptions.
Legislative Alert:
Assem. B. 199, 75th Reg. Sess. (Neb. 2009)-- See section 1.

[*1] Section 1. NRS 574.070 is hereby amended to read as follows:

574.070 1. Except as otherwise provided in this section, a person shall not [D> set on
foot, <D] [A> BEGIN, CAUSE, <A] instigate, promote, carry on or do any act as an
assistant, umpire or principal, or in any way aid in or engage in the furtherance of any
fight between [D> cocks or other birds, or bulls, bears or other <D] animals in an
exhibition or for amusement or gain [D> , <D] [A> WHICH IS <A] premeditated by a
person owning or having custody of [D> such birds or <D] [A> THE <A] animals.

2. [A> A PERSON SHALL NOT: <A]

[A> (A) OWN, POSSESS, KEEP, TRAIN, PROMOTE OR PURCHASE AN ANIMAL
WITH THE INTENT TO USE IT TO FIGHT ANOTHER ANIMAL; OR <A]

[A> (B) SELL AN ANIMAL KNOWING THAT IT IS INTENDED TO BE USED TO
FIGHT ANOTHER ANIMAL. <A]

[A> 3. <A] A person shall not [A> KNOWINGLY <A] witness any fight between [D>
cocks or other birds, or bulls, bears or other <D] animals in an exhibition or for
amusement or gain [A> . <A] [D> , which is premeditated by a person having custody of
such birds or animals. <D]

[D> 3. <D] [A> 4. <A] Except as otherwise provided in subsection [D> 5, <D] [A> 7,
<A] a person who violates any provision of subsection 1 is guilty of:

                   National Center for Prosecution of Child Abuse                       167
                         National District Attorney Association
(a) For a first offense, a gross misdemeanor.

(b) For a second offense, a category E felony and shall be punished as provided in NRS
193.130.

(c) For a third or subsequent offense, a category D felony and shall be punished as
provided in NRS 193.130.

[D> 4. <D] [A> 5. A PERSON WHO VIOLATES ANY PROVISION OF
SUBSECTION 2 IS GUILTY OF: <A]

[A> (A) FOR A FIRST OFFENSE, A GROSS MISDEMEANOR. <A]

[A> (B) FOR A SECOND OFFENSE, A CATEGORY E FELONY AND SHALL BE
PUNISHED AS PROVIDED IN NRS 193.130. <A]

[A> (C) FOR A THIRD OR SUBSEQUENT OFFENSE, A CATEGORY D FELONY
AND SHALL BE PUNISHED AS PROVIDED IN NRS 193.130. <A]

[A> 6. <A] A person who violates any provision of subsection [D> 2 <D] [A> 3 <A] is
guilty of:

(a) For a first offense, a misdemeanor.

(b) For a second offense, a gross misdemeanor.

(c) For a third or subsequent offense, a category E felony and shall be punished as
provided in NRS 193.130.

[D> 5. <D] [A> 7. <A] If a violation of subsection 1 involves a dog, a person who
commits such a violation is guilty of:

(a) For a first offense, a category D felony and shall be punished as provided in NRS
193.130.

(b) For a second offense, a category C felony and shall be punished as provided in NRS
193.130.

(c) For a third or subsequent offense, a category B felony and shall be punished by
imprisonment in the state prison for a minimum term of not less than 1 year and a
maximum term of not more than 6 years.

[D> 6. <D] [A> 8. <A] If a person who violates this section is not a natural person, he
shall be punished by a fine of not more than $ 10,000.

[D> 7. <D] [A> 9. <A] This section does not prohibit the use of dogs or birds for:
                   National Center for Prosecution of Child Abuse                         168
                         National District Attorney Association
(a) The management of livestock by the owner thereof, his employees or agents or any
other person in the lawful custody of the livestock; or

(b) Hunting as permitted by law.

1. Except as otherwise provided in this section, a person shall not set on foot, instigate,
promote, carry on or do any act as an assistant, umpire or principal, or in any way aid in
or engage in the furtherance of any fight between cocks or other birds, or bulls, bears or
other animals in an exhibition or for amusement or gain, premeditated by a person
owning or having custody of such birds or animals.

2. A person shall not witness any fight between cocks or other birds, or bulls, bears or
other animals in an exhibition or for amusement or gain, which is premeditated by a
person having custody of such birds or animals.

3. Except as otherwise provided in subsection 5, a person who violates any provision of
subsection 1 is guilty of:

  (a) For a first offense, a gross misdemeanor.

  (b) For a second offense, a category E felony and shall be punished as provided in NRS
193.130.

  (c) For a third or subsequent offense, a category D felony and shall be punished as
provided in NRS 193.130.

4. A person who violates any provision of subsection 2 is guilty of:

  (a) For a first offense, a misdemeanor.

  (b) For a second offense, a gross misdemeanor.

  (c) For a third or subsequent offense, a category E felony and shall be punished as
provided in NRS 193.130.

5. If a violation of subsection 1 involves a dog, a person who commits such a violation is
guilty of:

  (a) For a first offense, a category D felony and shall be punished as provided in NRS
193.130.

  (b) For a second offense, a category C felony and shall be punished as provided in NRS
193.130.

  (c) For a third or subsequent offense, a category B felony and shall be punished by
                   National Center for Prosecution of Child Abuse                          169
                         National District Attorney Association
imprisonment in the state prison for a minimum term of not less than 1 year and a
maximum term of not more than 6 years.

6. If a person who violates this section is not a natural person, he shall be punished by a
fine of not more than $10,000.

7. This section does not prohibit the use of dogs or birds for:

  (a) The management of livestock by the owner thereof, his employees or agents or any
other person in the lawful custody of the livestock; or

 (b) Hunting as permitted by law.

NEV. REV. STAT. ANN. § 574.100 (2009). Overdriving, torturing,
injuring or abandoning animals; failure to provide proper sustenance;
penalties; exceptions.
Legislative Alert:
Sen. B. 132, 75th Reg. Sess. (Neb. 2009)-- See section 1.

[*1] Section 1. NRS 574.100 is hereby amended to read as follows:

574.100 1. A person shall not:

(a) Overdrive, overload, torture, cruelly beat or unjustifiably injure, maim, mutilate or kill
an animal, whether belonging to himself or to another;

(b) Deprive an animal of necessary sustenance, food or drink, or neglect or refuse to
furnish it such sustenance or drink;

(c) Cause, procure or allow an animal to be overdriven, overloaded, tortured, cruelly
beaten, or unjustifiably injured, maimed, mutilated or killed [D> , <D] or to be deprived
of necessary food or drink;

(d) Instigate, engage in, or in any way further an act of cruelty to any animal, or any act
tending to produce such cruelty; or

(e) Abandon an animal in circumstances other than those prohibited in NRS 574.110.

2. [A> EXCEPT AS OTHERWISE PROVIDED IN SUBSECTIONS 3 AND 4 AND
NRS 574.210 TO 574.510, INCLUSIVE, A PERSON SHALL NOT RESTRAIN A
DOG: <A]

[A> (A) USING A TETHER, CHAIN, TIE, TROLLEY OR PULLEY SYSTEM OR
OTHER DEVICE THAT: <A]

[A> (1) IS LESS THAN 12 FEET IN LENGTH; <A]
                 National Center for Prosecution of Child Abuse                           170
                       National District Attorney Association
[A> (2) FAILS TO ALLOW THE DOG TO MOVE AT LEAST 12 FEET OR, IF THE
DEVICE IS A PULLEY SYSTEM, FAILS TO ALLOW THE DOG TO MOVE A
TOTAL OF 12 FEET; OR <A]

[A> (3) ALLOWS THE DOG TO REACH A FENCE OR OTHER OBJECT THAT
MAY CAUSE THE DOG TO BECOME INJURED OR DIE BY STRANGULATION
AFTER JUMPING THE FENCE OR OBJECT OR OTHERWISE BECOMING
ENTANGLED IN THE FENCE OR OBJECT; <A]

[A> (B) USING A PRONG, PINCH OR CHOKE COLLAR OR SIMILAR
RESTRAINT; OR <A]

[A> (C) FOR MORE THAN 14 HOURS DURING A 24-HOUR PERIOD. <A]

[A> 3. ANY PEN OR OTHER OUTDOOR ENCLOSURE THAT IS USED TO
MAINTAIN A DOG MUST BE APPROPRIATE FOR THE SIZE AND BREED OF
THE DOG. IF ANY PROPERTY THAT IS USED BY A PERSON TO MAINTAIN A
DOG IS OF INSUFFICIENT SIZE TO ENSURE COMPLIANCE BY THE PERSON
WITH THE PROVISIONS OF PARAGRAPH (A) OF SUBSECTION 2, THE PERSON
MAY MAINTAIN THE DOG UNRESTRAINED IN A PEN OR OTHER OUTDOOR
ENCLOSURE THAT COMPLIES WITH THE PROVISIONS OF THIS SUBSECTION.
<A]

[A> 4. THE PROVISIONS OF SUBSECTIONS 2 AND 3 DO NOT APPLY TO A DOG
THAT IS: <A]

[A> (A) TETHERED, CHAINED, TIED, RESTRAINED OR PLACED IN A PEN OR
ENCLOSURE BY A VETERINARIAN, AS DEFINED IN NRS 574.330, DURING
THE COURSE OF HIS PRACTICE; <A]

[A> (B) BEING USED LAWFULLY TO HUNT A SPECIES OF WILDLIFE IN THIS
STATE DURING THE HUNTING SEASON FOR THAT SPECIES; <A]

[A> (C) RECEIVING TRAINING TO HUNT A SPECIES OF WILDLIFE IN THIS
STATE; <A]

[A> (D) IN ATTENDANCE AT AND PARTICIPATING IN AN EXHIBITION,
SHOW, CONTEST OR OTHER EVENT IN WHICH THE SKILL, BREEDING OR
STAMINA OF THE DOG IS JUDGED OR EXAMINED; <A]

[A> (E) BEING KEPT IN A SHELTER OR BOARDING FACILITY OR
TEMPORARILY IN A CAMPING AREA; <A]

[A> (F) TEMPORARILY BEING CARED FOR AS PART OF A RESCUE
OPERATION OR IN ANY OTHER MANNER IN CONJUNCTION WITH A BONA
              National Center for Prosecution of Child Abuse       171
                    National District Attorney Association
FIDE NONPROFIT ORGANIZATION FORMED FOR ANIMAL WELFARE
PURPOSES; <A]

[A> (G) LIVING ON LAND THAT IS DIRECTLY RELATED TO AN ACTIVE
AGRICULTURAL OPERATION, IF THE RESTRAINT IS REASONABLY
NECESSARY TO ENSURE THE SAFETY OF THE DOG. AS USED IN THIS
PARAGRAPH, "AGRICULTURAL OPERATION" MEANS ANY ACTIVITY THAT
IS NECESSARY FOR THE COMMERCIAL GROWING AND HARVESTING OF
CROPS OR THE RAISING OF LIVESTOCK OR POULTRY; OR <A]

[A> (H) WITH A PERSON HAVING CUSTODY OR CONTROL OF THE DOG, IF
THE PERSON IS ENGAGED IN A TEMPORARY TASK OR ACTIVITY WITH THE
DOG FOR NOT MORE THAN 1 HOUR. <A]

[A> 5. <A] A person who violates subsection 1 [D> : <D] [A> , 2 OR 3: <A]

(a) For the first offense within the immediately preceding 7 years, is guilty of a
misdemeanor and shall be sentenced to:

(1) Imprisonment in the city or county jail or detention facility for not less than 2 days,
but not more than 6 months; and

(2) Perform not less than 48 hours, but not more than 120 hours, of community service.
The person shall be further punished by a fine of not less than $ 200, but not more than $
1,000. A term of imprisonment imposed pursuant to this paragraph may be served
intermittently at the discretion of the judge or justice of the peace, except that each period
of confinement must be not less than 4 consecutive hours and must occur either at a time
when the person is not required to be at his place of employment or on a weekend.

(b) For the second offense within the immediately preceding 7 years, is guilty of a
misdemeanor and shall be sentenced to:

(1) Imprisonment in the city or county jail or detention facility for not less than 10 days,
but not more than 6 months; and

(2) Perform not less than 100 hours, but not more than 200 hours, of community service.
The person shall be further punished by a fine of not less than $ 500, but not more than $
1,000.

(c) For the third and any subsequent offense within the immediately preceding 7 years, is
guilty of a category C felony and shall be punished as provided in NRS 193.130.

[D> 3. <D] [A> 6. <A] In addition to any other fine or penalty provided in subsection
[D> 2, <D] [A> 5, <A] a court shall order a person convicted of violating subsection 1
[A> , 2 OR 3 <A] to pay restitution for all costs associated with the care and impoundment
of any mistreated animal under subsection 1, [A> 2 OR 3, <A] including, without
                    National Center for Prosecution of Child Abuse                        172
                          National District Attorney Association
limitation, money expended for veterinary treatment, feed and housing.

[D> 4. <D] [A> 7. <A] The court may order the person convicted of violating subsection
1 [A> , 2 OR 3 <A] to surrender ownership or possession of the mistreated animal.

[D> 5. <D] [A> 8. <A] The provisions of this section do not apply with respect to an
injury to or the death of an animal that occurs accidentally in the normal course of:

(a) Carrying out the activities of a rodeo or livestock show; or

(b) Operating a ranch.

1. A person shall not:

  (a) Overdrive, overload, torture, cruelly beat or unjustifiably injure, maim, mutilate or
kill an animal, whether belonging to himself or to another;

  (b) Deprive an animal of necessary sustenance, food or drink, or neglect or refuse to
furnish it such sustenance or drink;

  (c) Cause, procure or allow an animal to be overdriven, overloaded, tortured, cruelly
beaten, or unjustifiably injured, maimed, mutilated or killed, or to be deprived of
necessary food or drink;

  (d) Instigate, engage in, or in any way further an act of cruelty to any animal, or any act
tending to produce such cruelty; or

 (e) Abandon an animal in circumstances other than those prohibited in NRS 574.110.

2. A person who violates subsection 1:

 (a) For the first offense within the immediately preceding 7 years, is guilty of a
misdemeanor and shall be sentenced to:

   (1) Imprisonment in the city or county jail or detention facility for not less than 2
days, but not more than 6 months; and

    (2) Perform not less than 48 hours, but not more than 120 hours, of community
service.

    The person shall be further punished by a fine of not less than $200, but not more
than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served
intermittently at the discretion of the judge or justice of the peace, except that each period
of confinement must be not less than 4 consecutive hours and must occur either at a time
when the person is not required to be at his place of employment or on a weekend.

                    National Center for Prosecution of Child Abuse                         173
                          National District Attorney Association
 (b) For the second offense within the immediately preceding 7 years, is guilty of a
misdemeanor and shall be sentenced to:

   (1) Imprisonment in the city or county jail or detention facility for not less than 10
days, but not more than 6 months; and

    (2) Perform not less than 100 hours, but not more than 200 hours, of community
service.

    The person shall be further punished by a fine of not less than $500, but not more
than $1,000.

  (c) For the third and any subsequent offense within the immediately preceding 7 years,
is guilty of a category C felony and shall be punished as provided in NRS 193.130.

3. In addition to any other fine or penalty provided in subsection 2, a court shall order a
person convicted of violating subsection 1 to pay restitution for all costs associated with
the care and impoundment of any mistreated animal under subsection 1, including,
without limitation, money expended for veterinary treatment, feed and housing.

4. The court may order the person convicted of violating subsection 1 to surrender
ownership or possession of the mistreated animal.

5. The provisions of this section do not apply with respect to an injury to or the death of
an animal that occurs accidentally in the normal course of:

  (a) Carrying out the activities of a rodeo or livestock show; or

  (b) Operating a ranch.

NEV. REV. STAT. ANN. § 574.110 (2009). Abandonment of disabled
animal unlawful; penalty.
1. A person being the owner or possessor, or having charge or custody, of a maimed,
diseased, disabled or infirm animal, who abandons such animal or leaves it to die in a
public street, road or public place, or who allows it to lie in a public street, road or public
place more than 3 hours after he receives notice that it is left disabled, is guilty of a
misdemeanor.

2. Any agent or officer of any society for the prevention of cruelty to animals, or of any
society duly incorporated for that purpose, or any police officer, may lawfully destroy or
cause to be destroyed any animal found abandoned and not properly cared for, appearing,
in the judgment of two reputable citizens called by him to view the same in his presence,
to be glandered, injured or diseased past recovery for any useful purpose, or after such
agent or officer has obtained in writing from the owner of such animal his consent to such
destruction.

                    National Center for Prosecution of Child Abuse                          174
                          National District Attorney Association
3. When any person arrested is, at the time of such arrest, in charge of any animal or of
any vehicle drawn by or containing any animal, any agent or officer of such society or
societies or any police officer may take charge of such animal and of such vehicle and its
contents and deposit the same in a safe place of custody, or deliver the same into the
possession of the police or sheriff of the county or place wherein such arrest was made,
who shall thereupon assume the custody thereof. All necessary expenses incurred in
taking charge of such property shall be a charge thereon.

NEV. REV. STAT. ANN. § 574.120 (2009). Failure to provide proper air,
food, shelter or water to impounded animal unlawful; penalties.
1. A person who has impounded or confined any animal shall not refuse or neglect to
supply to the animal during its confinement a sufficient supply of good and wholesome
air, food, shelter and water.

2. A person who violates subsection 1:

 (a) For the first offense within the immediately preceding 7 years, is guilty of a
misdemeanor and shall be sentenced to:

   (1) Imprisonment in the city or county jail or detention facility for not less than 2
days, but not more than 6 months; and

    (2) Perform not less than 48 hours, but not more than 120 hours, of community
service.

    The person shall be further punished by a fine of not less than $200, but not more
than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served
intermittently at the discretion of the judge or justice of the peace, except that each period
of confinement must be not less than 4 consecutive hours and must occur at a time when
the person is not required to be at his place of employment or on a weekend.

 (b) For the second offense within the immediately preceding 7 years, is guilty of a
misdemeanor and shall be sentenced to:

   (1) Imprisonment in the city or county jail or detention facility for not less than 10
days, but not more than 6 months; and

    (2) Perform not less than 100 hours, but not more than 200 hours, of community
service.

    The person shall be further punished by a fine of not less than $500, but not more
than $1,000.

  (c) For the third and any subsequent offense within the immediately preceding 7 years,
is guilty of a category C felony and shall be punished as provided in NRS 193.130.

                    National Center for Prosecution of Child Abuse                          175
                          National District Attorney Association
3. In addition to any other fine or penalty provided in subsection 2, a court shall order a
person convicted of violating subsection 1 to pay restitution for all costs associated with
the care and impoundment of any mistreated animal under subsection 1, including,
without limitation, money expended for veterinary treatment, feed and housing.

4. If any animal is at any time impounded as provided in subsection 1, and continues to
be without necessary food and water for more than 12 successive hours, any person may,
as often as it is necessary, enter into and upon any pound in which the animal is so
confined and supply it with necessary food and water, so long as it remains so confined.
Such a person is not liable to any action for such entry, and the reasonable cost of such
food and water may be collected by him from the owner of the animal, and the animal is
not exempt from levy and sale upon execution issued upon a judgment therefor.

NEV. REV. STAT. ANN. § 574.150 (2009). Poisoning or attempting to
poison animals unlawful; penalties.
1. A person who unjustifiably administers any poisonous or noxious drug or substance to
a horse, mule or domestic cattle, or unjustifiably exposes any such drug or substance with
the intent that it be taken by a horse, mule or domestic cattle, whether the horse, mule or
domestic cattle are the property of himself or another, is guilty of a category C felony and
shall be punished as provided in NRS 193.130. In addition to any other penalty, the court
shall order the person to pay restitution.

2. A person who unjustifiably administers any poisonous or noxious drug or substance to
any animal other than a horse, mule or domestic cattle, or unjustifiably exposes any such
drug or substance with the intent that it be taken by an animal other than a horse, mule or
domestic cattle, whether the animal is the property of himself or another, is guilty of a
gross misdemeanor. In addition to any other penalty, the court shall order the person to
pay restitution.

3. This section does not prohibit the destruction of noxious animals.

NEV. REV. STAT. ANN. § 574.190 (2009). Carrying animal in cruel
manner; penalty.
A person who carries or causes to be carried in or upon any vessel or vehicle or otherwise
any animal in a cruel or inhuman manner, or so as to produce torture, is guilty of a
misdemeanor.

NEV. REV. STAT. ANN. § 574.195 (2009). Allowing cat or dog to remain
unattended in motor vehicle during period of extreme heat or cold
unlawful; removal of animal; exceptions; immunity from liability;
penalty.
1. Except as otherwise provided in subsection 3, a person shall not allow a cat or dog to
remain unattended in a parked or standing motor vehicle during a period of extreme heat
or cold or in any other manner that endangers the health or safety of the cat or dog.

                   National Center for Prosecution of Child Abuse                        176
                         National District Attorney Association
2. Any:

 (a) Peace officer;

 (b) Officer of a society for the prevention of cruelty to animals who is authorized to
make arrests pursuant to NRS 574.040;

 (c) Animal control officer;

 (d) Governmental officer or employee whose primary duty is to ensure public safety;

 (e) Employee or volunteer of any organized fire department; or

  (f) Member of a search and rescue organization in this State that is under the direct
supervision of a sheriff,

may use any force that is reasonable and necessary under the circumstances to remove
from a motor vehicle a cat or dog that is allowed to remain in the motor vehicle in
violation of subsection 1.

3. The provisions of subsection 1 do not apply to:

 (a) A police animal or an animal that is used by:

    (1) A federal law enforcement agency to assist the agency in carrying out the duties
of the agency; or

    (2) A search and rescue organization specified in paragraph (f) of subsection 2 to
assist the organization in carrying out the activities of the organization;

 (b) A dog that is under the possession or control of:

   (1) An animal control officer; or

   (2) A first responder during an emergency;

 (c) A dog that is under the possession or control of a person who:

    (1) Is actively engaged in hunting a species of game mammal or game bird during the
season for hunting that species of game mammal or game bird;

   (2) Is using the dog for the purpose set forth in subparagraph (1); and

    (3) Holds a license or tag to hunt that species of game mammal or game bird during
that season; or

                      National Center for Prosecution of Child Abuse                      177
                            National District Attorney Association
 (d) A dog that is participating in:

   (1) Training exercises relating to hunting; or

   (2) Field trials relating to hunting.

4. A cat or dog that is removed from a motor vehicle pursuant to subsection 2 shall be
deemed to be an animal being treated cruelly for the purposes of NRS 574.055. The person
who removed the cat or dog may take any action relating to the cat or dog specified in
that section and is entitled to any lien or immunity from liability that is applicable
pursuant to that section.

5. A person who violates a provision of subsection 1 is guilty of a misdemeanor.

NEV. REV. STAT. ANN. § 574.200 (2009). Intended applicability of
provisions.
The provisions of NRS 574.050 to 574.510, inclusive, do not:

  1. Interfere with any of the fish and game laws contained in Title 45 of NRS or any
laws for the destruction of certain birds.

  2. Interfere with the right to destroy any venomous reptiles or animals, or any animal
known as dangerous to life, limb or property.

 3. Interfere with the right to kill all animals and fowl used for food.

  4. Prohibit or interfere with any properly conducted scientific experiments or
investigations which are performed under the authority of the faculty of some regularly
incorporated medical college or university of this state.

  5. Interfere with any scientific or physiological experiments conducted or prosecuted
for the advancement of science or medicine.

  6. Prohibit or interfere with established methods of animal husbandry, including the
raising, handling, feeding, housing and transporting of livestock or farm animals.




NEW HAMPSHIRE
N.H. REV. STAT. ANN. § 644:8 (2010). Cruelty to Animals.
I. In this section, "cruelty" shall include, but not be limited to, acts or omissions injurious
or detrimental to the health, safety or welfare of any animal, including the abandoning of
any animal without proper provision for its care, sustenance, protection or shelter.

                    National Center for Prosecution of Child Abuse                         178
                          National District Attorney Association
II. In this section, "animal" means a domestic animal, a household pet or a wild animal in
captivity.

II-a. In this section, "shelter" or "necessary shelter" for dogs shall mean any natural or
artificial area which provides protection from the direct sunlight and adequate air
circulation when that sunlight is likely to cause heat exhaustion of a dog tied or caged
outside. Shelter from the weather shall allow the dog to remain clean and dry. Shelter
shall be structurally sound and have an area within to afford the dog the ability to stand
up, turn around and lie down, and be of proportionate size as to allow the natural body
heat of the dog to be retained.

III. A person is guilty of a misdemeanor for a first offense, and of a class B felony for a
second or subsequent offense, who:

  (a) Without lawful authority negligently deprives or causes to be deprived any animal
in his possession or custody necessary care, sustenance or shelter;

 (b) Negligently beats, cruelly whips, tortures, mutilates or in any other manner
mistreats or causes to be mistreated any animal;

 (c) Negligently overdrives, overworks, drives when overloaded, or otherwise abuses or
misuses any animal intended for or used for labor;

  (d) Negligently transports any animal in his possession or custody in a manner injurious
to the health, safety or physical well-being of such animal;

  (e) Negligently abandons any animal previously in his possession or custody by causing
such animal to be left without supervision or adequate provision for its care, sustenance
or shelter; or

  (f) Otherwise negligently permits or causes any animal in his possession or custody to
be subjected to cruelty, inhumane treatment or unnecessary suffering of any kind.

III-a. A person is guilty of a class B felony who purposely beats, cruelly whips, tortures,
or mutilates any animal or causes any animal to be beaten, cruelly whipped, tortured, or
mutilated.

IV. (a) In addition to being guilty of crimes as provided in paragraphs III and III-a, any
person charged with cruelty to animals may have his or her animal confiscated by the
arresting officer and, upon said person's conviction of cruelty to animals, the court may
dispose of said animal in any manner it decides. Courts shall give cases in which animals
have been confiscated by an arresting officer priority on the court calendar. The costs, if
any, incurred in boarding and treating the animal, pending disposition of the case, and in
disposing of the animal, upon a conviction of said person for cruelty to animals, shall be
borne by the person so convicted. In addition, the court may prohibit any person
convicted of animal cruelty from having future ownership or custody of other animals for
                    National Center for Prosecution of Child Abuse                       179
                          National District Attorney Association
any period of time the court deems reasonable or impose any other reasonable restrictions
on the person's future ownership or custody of animals as necessary for the protection of
the animals.

  (b) If a person convicted of cruelty to animals appeals the conviction and any
confiscated animal remains in the custody of the arresting officer or the officer's designee
pending disposition of the appeal, in order for the appellant to maintain a future interest
in the animal, the trial court may require the appellant to post a bond or other security in
an amount not exceeding $2,000 for each animal in custody for costs expected to be
incurred for the board and care of the animal during the appeal. If the conviction is
affirmed on appeal, the costs incurred for the board and care of the animal shall be paid to
the custodian from the posted security and the balance, if any, returned to the person who
posted it.

IV-a. (a) Except as provided in subparagraphs (b) and (c) any appropriate law
enforcement officer, animal control officer, or officer of a duly licensed humane society
may take into temporary protective custody any animal when there is probable cause to
believe that it has been or is being abused or neglected in violation of paragraphs III or
III-a when there is a clear and imminent danger to the animal's health or life and there is
not sufficient time to obtain a court order. Such officer shall leave a written notice
indicating the type and number of animals taken into protective custody, the name of the
officer, the time and date taken, the reason it was taken, the procedure to have the animal
returned and any other relevant information. Such notice shall be left at the location
where the animal was taken into custody. The officer shall provide for proper care and
housing of any animal taken into protective custody under this paragraph. If, after 7 days,
the animal has not been returned or claimed, the officer shall petition the municipal or
district court seeking either permanent custody or a one-week extension of custody or
shall file charges under this section. If a week's extension is granted by the court and after
a period of 14 days the animal remains unclaimed, the title and custody of the animal
shall rest with the officer on behalf of the officer's department or society. The department
or society may dispose of the animal in any lawful and humane manner as if it were the
rightful owner. If after 14 days the officer or the officer's department determines that
charges should be filed under this section, the officer shall petition the court.

  (b) For purposes of subparagraph (a) the investigating officer for livestock, as defined
in RSA 427:38, III, shall be accompanied by a veterinarian licensed under RSA 332-B or the
state veterinarian who shall set the probable cause criteria for taking the animal or
animals.

  (c) (1) For purposes of subparagraph (a), for facilities licensed to conduct live running
or harness horseracing or live dog racing pursuant to RSA 284, the appropriate law
enforcement officer, animal control officer, or officer of a duly licensed humane society
shall:

     (A) Notify the director of the racing and charitable gaming commission of the
circumstances arising under subparagraph (a);
                    National Center for Prosecution of Child Abuse                        180
                          National District Attorney Association
     (B) Enter the grounds of the facility with the director of the racing and charitable
gaming commission or such person designated by the director of the racing and charitable
gaming commission;

      (C) Take such horses or dogs into temporary protective custody as determined by
the director of the racing and charitable gaming commission or such person designated by
the director of the racing and charitable gaming commission; and

      (D) Comply with subparagraph (a) after taking a horse or dog from a facility
licensed pursuant to RSA 284 into temporary protective custody.

   (2) This paragraph shall not preempt existing or enforcement authority of the racing
and charitable gaming commission, pursuant to RSA 284 or rules and regulations adopted
pursuant to such authority.

V. A veterinarian licensed to practice in the state shall be held harmless from either
criminal or civil liability for any decisions made for services rendered under the
provisions of this section or RSA 435:11-16. Such a veterinarian is, therefore, under this
paragraph, protected from a lawsuit for his part in an investigation of cruelty to animals.

N.H. REV. STAT. ANN. § 644:8-a (2010). Exhibitions of Fighting Animals.
I. No person shall keep, breed, or train any bird, dog, or other animal, with the intent that
it or its offspring shall be engaged or used in an exhibition of fighting, or shall establish
or promote an exhibition of the fighting thereof. Whoever violates the provisions of this
paragraph shall be guilty of a class B felony.

II. Any person present at any place or building when preparations are being made for an
exhibition of such fighting with intent to be present at such exhibition, or present at,
aiding in or contributing to, such an exhibition, shall be guilty of a class B felony.

III. All animals so kept, bred, or trained by a person charged with violating the provisions
of paragraph I may be seized by the arresting officer, pursuant to RSA 595-A:6 and RSA
644:8. Upon said person's conviction, said animals may, at the discretion of the court, be
destroyed in a humane manner by a licensed veterinarian. The costs, if any, incurred in
boarding the animals, pending disposition of the case, and in disposing of the animals,
upon a conviction of said person for violating paragraph I, shall be borne by the person so
convicted.

IV. Upon conviction of a violation of this section, all animals used or to be used in
training, fighting, or baiting, and all equipment, paraphernalia, and money involved in a
violation of this section may be forfeited to the state at the discretion of the court,
pursuant to RSA 595-A:6. Proceeds of any such forfeiture shall be used to reimburse local
government and state agencies for the costs of prosecution of animal fighting cases.
Proceeds which are not needed for such reimbursement shall be deposited in the
companion animal neutering fund, established in RSA 437-A:4-a.
                    National Center for Prosecution of Child Abuse                        181
                          National District Attorney Association
V. In addition to other penalties prescribed by law, the court may issue an order
prohibiting a person who is convicted of a violation of this section from owning or
possessing any animals within the species that is the subject of the conviction, or any
animals kept for the purpose of training, fighting, or baiting, for a period of time
determined by the court.

N.H. REV. STAT. ANN. § 644:8-aa (2010). Animals in Motor Vehicle.
I. It shall be cruelty to confine an animal in a motor vehicle or other enclosed space in
which the temperature is either so high or so low as to cause serious harm to the animal.
"Animal" means a domestic animal, household pet, or wild animal held in captivity.

II. Any person in violation of this section shall be guilty of a misdemeanor as set forth in
RSA 644:8.

III. Any law enforcement officer or agent of a licensed humane organization may take
action necessary to rescue a confined animal endangered by extreme temperatures, and to
remove the threat of further serious harm.

IV. No officer or agent taking action under paragraph III shall be liable for damage
reasonably necessary to rescue the confined animal.

N.H. REV. STAT. ANN. § 644:8-f (2010). Transporting Dogs in Pickup
Trucks.
I. No person driving a pickup truck shall transport any dog in the back of the vehicle on a
public way, unless the space is enclosed or has side and tail racks to a height of at least 46
inches extending vertically from the floor, the dog is cross tethered to the vehicle, the dog
is protected by a secured container or cage, or the dog is otherwise protected, in a manner
which will prevent the dog from being thrown or from falling or jumping from the
vehicle.

II. Notwithstanding paragraph I, this section shall not apply to the following:

  (a) A dog being used by a farmer or farm employee while actually engaged in farming
activities requiring the services of a dog; or

  (b) A hunting dog being used at a hunting site or between hunting sites by a licensed
hunter who is in possession of all applicable licenses and permits for the species being
pursued during the legal season for such activity.

III. Any person who violates this section shall be guilty of a violation.




                    National Center for Prosecution of Child Abuse                        182
                          National District Attorney Association
NEW JERSEY

N.J. STAT. ANN. § 4:22-17 (2010). Cruelty; disorderly persons offense;
certain acts, crimes; degrees
a. A person who shall:

(1) Overdrive, overload, drive when overloaded, overwork, deprive of necessary
sustenance, abuse, or needlessly kill a living animal or creature;

(2) Cause or procure, by any direct or indirect means, including but not limited to through
the use of another living animal or creature, any such acts to be done; or

(3) Inflict unnecessary cruelty upon a living animal or creature, by any direct or indirect
means, including but not limited to through the use of another living animal or creature;
or unnecessarily fail to provide a living animal or creature of which the person has charge
either as an owner or otherwise with proper food, drink, shelter or protection from the
weather; or leave it unattended in a vehicle under inhumane conditions adverse to the
health or welfare of the living animal or creature--

Shall be guilty of a disorderly persons offense, and notwithstanding the provisions of
N.J.S. 2C:43-3 to the contrary, for every such offense shall be fined not less than $ 250 nor
more than $ 1,000, or be imprisoned for a term of not more than six months, or both, in
the discretion of the court. A violator of this subsection shall also be subject to the
provisions of subsection c. and, if appropriate, subsection d. of this section.

b. A person who shall purposely, knowingly, or recklessly:

(1) Torment, torture, maim, hang, poison, unnecessarily or cruelly beat, or needlessly
mutilate a living animal or creature; or

(2) Cause or procure, by any direct or indirect means, including but not limited to through
the use of another living animal or creature, any such acts to be done --

Shall be guilty of a crime of the fourth degree.

If the animal or creature is cruelly killed or dies as a result of a violation of this
subsection, or the person has a prior conviction for a violation of this subsection, the
person shall be guilty of a crime of the third degree.

A violator of this subsection shall also be subject to the provisions of subsection c. and, if
appropriate, subsection d. of this section.

c. For a violation of subsection a. or b. of this section, in addition to imposing any other
                    National Center for Prosecution of Child Abuse                         183
                          National District Attorney Association
appropriate penalties established for a crime of the third degree, crime of the fourth
degree, or disorderly persons offense, as the case may be, pursuant to Title 2C of the New
Jersey Statutes, the court shall impose a term of community service of up to 30 days, and
may direct that the term of community service be served in providing assistance to the
New Jersey Society for the Prevention of Cruelty to Animals, a district (county) society
for the prevention of cruelty to animals, or any other recognized organization concerned
with the prevention of cruelty to animals or the humane treatment and care of animals, or
to a municipality's animal control or animal population control program. The court also
may require the violator to pay restitution or otherwise reimburse any costs for food,
drink, shelter, or veterinary care or treatment, or other costs, incurred by any agency,
entity, or organization investigating the violation, including but not limited to the New
Jersey Society for the Prevention of Cruelty to Animals, a district (county) society for the
prevention of cruelty to animals, any other recognized organization concerned with the
prevention of cruelty to animals or the humane treatment and care of animals, or a local
or State governmental entity.

d. If a juvenile is adjudicated delinquent for an act which, if committed by an adult,
would constitute a disorderly persons offense pursuant to subsection a. of this section or a
crime of the third degree or crime of the fourth degree pursuant to subsection b. of this
section, the court also shall order the juvenile to receive mental health counseling by a
licensed psychologist or therapist named by the court for a period of time to be prescribed
by the licensed psychologist or therapist.

N.J. STAT. ANN. § 4:22-18 (2010). Carrying animal in cruel, inhumane
manner; disorderly persons offense
A person who shall carry, or cause to be carried, a living animal or creature in or upon a
vehicle or otherwise, in a cruel or inhumane manner, shall be guilty of a disorderly
persons offense and punished as provided in subsection a. of R.S. 4:22-17.

N.J. STAT. ANN. § 4:22-20 (2010). Abandoning disabled animal to die in
public place; disorderly persons offense
a. A person who shall abandon a maimed, sick, infirm or disabled animal or creature to
die in a public place, shall be guilty of a disorderly persons offense.

b. A person who shall abandon a domesticated animal shall be guilty of a disorderly
persons offense. The violator shall be subject to the maximum $ 1,000 penalty.

N.J. STAT. ANN. § 4:22-24 (2010). Animal fighting crimes
A person who shall:

a. Keep, use, be connected with or interested in the management of, or receive money for
the admission of a person to, a place kept or used for the purpose of fighting or baiting a
living animal or creature;

b. Be present and witness, pay admission to, encourage or assist therein;

                   National Center for Prosecution of Child Abuse                       184
                         National District Attorney Association
c. Permit or suffer a place owned or controlled by him to be so used;

d. For amusement or gain, cause, allow, or permit the fighting or baiting of a living
animal or creature;

e. Own, possess, keep, train, promote, purchase, or knowingly sell a living animal or
creature for the purpose of fighting or baiting that animal or creature; or

f. Gamble on the outcome of a fight involving a living animal or creature --

Shall be guilty of a crime of the third degree.

N.J. STAT. ANN. § 4:22-16 (2010). Permitted activities
Nothing contained in this article shall be construed to prohibit or interfere with:

a. Properly conducted scientific experiments performed under the authority of the
Department of Health and Senior Services or the United States Department of
Agriculture. Those departments may authorize the conduct of such experiments or
investigations by agricultural stations and schools maintained by the State or federal
government, or by medical societies, universities, colleges and institutions incorporated
or authorized to do business in this State and having among their corporate purposes
investigation into the causes, nature, prevention and cure of diseases in men and animals;
and may for cause revoke such authority;

b. The killing or disposing of an animal or creature by virtue of the order of a constituted
authority of the State;

c. The shooting or taking of game or game fish in such manner and at such times as is
allowed or provided by the laws of this State;

d. The training or engaging of a dog to accomplish a task or participate in an activity or
exhibition designed to develop the physical or mental characteristics of that dog. These
activities shall be carried out in accordance with the practices, guidelines or rules
established by an organization founded for the purpose of promoting and enhancing
working dog activities or exhibitions; in a manner which does not adversely affect the
health or safety of the dog; and may include avalanche warning, guide work, obedience
work, carting, dispatching, freight racing, packing, sled dog racing, sledding, tracking,
and weight pull demonstrations;

e. The raising, keeping, care, treatment, marketing, and sale of domestic livestock in
accordance with the standards developed and adopted therefor pursuant to subsection a.
of section 1 of P.L.1995, c.311 (C.4:22-16.1); and

f. The killing or disposing, by a reasonable or commercially acceptable method or means,
of a Norway or brown rat (Rattus norvegicus), black rat (Rattus rattus), or house mouse
                    National Center for Prosecution of Child Abuse                       185
                          National District Attorney Association
(Mus musculus) by any person, or with the permission or at the direction of that person,
while the animal is on property either owned or leased by, or otherwise under the control
of, that person, provided that the animal is not a pet.




NEW MEXICO

N.M. STAT. ANN. § 30-18-1 (2010). Cruelty to animals; extreme cruelty
to animals; penalties; exceptions
A. As used in this section, "animal" does not include insects or reptiles.

B. Cruelty to animals consists of a person:

  (1) negligently mistreating, injuring, killing without lawful justification or tormenting
an animal; or

  (2) abandoning or failing to provide necessary sustenance to an animal under that
person's custody or control.

C. As used in Subsection B of this section, "lawful justification" means:

 (1) humanely destroying a sick or injured animal; or

  (2) protecting a person or animal from death or injury due to an attack by another
animal.

D. Whoever commits cruelty to animals is guilty of a misdemeanor and shall be
sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. Upon a fourth or
subsequent conviction for committing cruelty to animals, the offender is guilty of a fourth
degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA
1978.

E. Extreme cruelty to animals consists of a person:

  (1) intentionally or maliciously torturing, mutilating, injuring or poisoning an animal;
or

 (2) maliciously killing an animal.

F. Whoever commits extreme cruelty to animals is guilty of a fourth degree felony and
shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

G. The court may order a person convicted for committing cruelty to animals to
                   National Center for Prosecution of Child Abuse                        186
                         National District Attorney Association
participate in an animal cruelty prevention program or an animal cruelty education
program. The court may also order a person convicted for committing cruelty to animals
or extreme cruelty to animals to obtain psychological counseling for treatment of a
mental health disorder if, in the court's judgment, the mental health disorder contributed
to the commission of the criminal offense. The offender shall bear the expense of
participating in an animal cruelty prevention program, animal cruelty education program
or psychological counseling ordered by the court.

H. If a child is adjudicated of cruelty to animals, the court shall order an assessment and
any necessary psychological counseling or treatment of the child.

I. The provisions of this section do not apply to:

  (1) fishing, hunting, falconry, taking and trapping, as provided in Chapter 17 NMSA
1978;

  (2) the practice of veterinary medicine, as provided in Chapter 61, Article 14 NMSA
1978;

  (3) rodent or pest control, as provided in Chapter 77, Article 15 NMSA 1978;

  (4) the treatment of livestock and other animals used on farms and ranches for the
production of food, fiber or other agricultural products, when the treatment is in
accordance with commonly accepted agricultural animal husbandry practices;

  (5) the use of commonly accepted Mexican and American rodeo practices, unless
otherwise prohibited by law;

  (6) research facilities licensed pursuant to the provisions of 7 U.S.C. Section 2136, except
when knowingly operating outside provisions, governing the treatment of animals, of a
research or maintenance protocol approved by the institutional animal care and use
committee of the facility; or

  (7) other similar activities not otherwise prohibited by law.

J. If there is a dispute as to what constitutes commonly accepted agricultural animal
husbandry practices or commonly accepted rodeo practices, the New Mexico livestock
board shall hold a hearing to determine if the practice in question is a commonly accepted
agricultural animal husbandry practice or commonly accepted rodeo practice.

N.M. STAT. ANN. § 30-18-9 (2010). Dog fighting and cockfighting;
penalty
A. It is unlawful for any person to cause, sponsor, arrange, hold or participate in a fight
between dogs or cocks for the purpose of monetary gain or entertainment. Participation in
a fight between dogs or cocks for the purpose of monetary gain or entertainment consists
of an adult knowingly:
                    National Center for Prosecution of Child Abuse                        187
                           National District Attorney Association
  (1) being present at a dog fight without attempting to interfere with or stop the contest;
or

  (2) owning or equipping one of the participating dogs or cocks with knowledge of the
contest.

B. It is unlawful to train, equip or sponsor a dog or cock for the purpose of having it
participate in a fight with another dog or cock, respectively, for monetary gain or
entertainment.

C. Any person violating the provisions of Subsection A or B of this section, as it pertains
to dogs, is guilty of a fourth degree felony.

D. Any person violating the provisions of Subsection A or B of this section as it pertains
to cocks:

 (1) upon a first conviction, is guilty of a petty misdemeanor;

 (2) upon a second conviction, is guilty of a misdemeanor; and

 (3) upon a third or subsequent conviction, is guilty of a fourth degree felony.

N.M. STAT. ANN. § 30-18-10 (2010). Exclusion
Nothing in this act [30-18-9, 30-18-10 NMSA 1978] shall be construed to prohibit or make
unlawful the taking of game animals, game birds or game fish by the use of dogs,
provided the person so doing is licensed as provided by law and is using such dogs in a
lawful manner.

N.M. STAT. ANN. § 20-12-57 (2010). Sodomy
A. Any person subject to Chapter 20 NMSA 1978 who engages in unnatural carnal
copulation with another person of the same or opposite sex or with an animal is guilty of
sodomy. Penetration, however slight, is sufficient to complete the offense.

B. Any person found guilty of sodomy shall be punished as a court-martial may direct.




NEW YORK

N.Y. AGRIC. & MKTS. LAW § 331 (2010). Abandonment of certain
animals
An animal is deemed to be abandoned when it is placed in the custody of a veterinarian,
veterinary hospital, boarding kennel owner or operator, stable owner or operator, or any
other person for treatment, board, or care and:
                    National Center for Prosecution of Child Abuse                     188
                          National District Attorney Association
1. Having been placed in such custody for a specified period of time the animal is not
removed at the end of such specified period and a notice to remove the animal within ten
days thereafter has been given to the person who placed the animal in such custody, by
means of registered letter mailed to the last known address of such person, or:

2. Having been placed in such custody for an unspecified period of time the animal is not
removed within twenty days after notice to remove the animal has been given to the
person who placed the animal in such custody, by means of a registered letter mailed to
the last known address of such person.

3. The giving of notice as prescribed in this section shall be deemed a waiver of any lien
on the animal for the treatment, board or care of the animal but shall not relieve the
owner of the animal removed of his contractual liability for such treatment, board or care
furnished.

N.Y. AGRIC. & MKTS. LAW § 350 (2010). Definitions [animals]
1. "Animal," as used in this article, includes every living creature except a human being;

2. "Torture" or "cruelty" includes every act, omission, or neglect, whereby unjustifiable
physical pain, suffering or death is caused or permitted.

3. "Adoption" means the delivery to any natural person eighteen years of age or older, for
the limited purpose of harboring a pet, of any dog or cat, seized or surrendered.

4. "Farm animal", as used in this article, means any ungulate, poultry, species of cattle,
sheep, swine, goats, llamas, horses or fur-bearing animals, as defined in section 11-1907 of
the environmental conservation law, which are raised for commercial or subsistence purposes.
Fur-bearing animal shall not include dogs or cats.

5. "Companion animal" or "pet" means [fig 1] any dog [fig 2] or cat, [fig 3] and shall also
mean any other domesticated animal normally maintained in or near the household of the
owner or person who cares for such [fig 4] other domesticated animal. "Pet" or
"companion animal" shall not include a "farm animal" as defined in this section.

N.Y. AGRIC. & MKTS. LAW § 351 (2010). Prohibition of animal fighting
1. For purposes of this section, the term "animal fighting" shall mean any fight between
cocks or other birds, or between dogs, bulls, bears or any other animals, or between any
such animal and a person or persons, except in exhibitions of a kind commonly featured
at rodeos.

2. Any person who engages in any of the following conduct is guilty of a felony [fig 1]
punishable by imprisonment for a period not to exceed four years, or by a fine not to
exceed twenty-five thousand dollars, or by both such fine and imprisonment:

(a) For amusement or gain, causes any animal to engage in animal fighting; or
                  National Center for Prosecution of Child Abuse                         189
                        National District Attorney Association
(b) Trains any animal under circumstances evincing an intent that such animal engage in
animal fighting for amusement or gain; or

(c) Breeds, sells or offers for sale any animal under circumstances evincing an intent that
such animal engage in animal fighting; or

(d) Permits any act described in paragraph (a) [fig 1] , (b) or (c) of this subdivision to
occur on premises under his control; or

(e) Owns, possesses or keeps any animal trained to engage in animal fighting on premises
where an exhibition of animal fighting is being conducted under circumstances evincing
an intent that such animal engage in animal fighting.

3. (a) Any person who engages in conduct specified in paragraph (b) of this subdivision is
guilty of a misdemeanor and is punishable by imprisonment for a period not to exceed
one year, or by a fine not to exceed fifteen thousand dollars, or by both such fine and
imprisonment.

(b) The owning, possessing or keeping of any animal under circumstances evincing an
intent that such animal engage in animal fighting.

4. (a) Any person who engages in conduct specified in paragraph (b) hereof is guilty of a
misdemeanor and is punishable by imprisonment for a period not to exceed one year, or
by a fine not to exceed one thousand dollars, or by both such fine and imprisonment.

(b) The knowing presence as a spectator having paid an admission fee or having made a
wager at any place where an exhibition of animal fighting is being conducted.

5. (a) Any person who engages in the conduct specified in paragraph (b) of this
subdivision is guilty of a violation punishable by a fine not to exceed five hundred
dollars. Any person who engages in the conduct specified in paragraph (b) of this
subdivision after having been convicted within the previous five years of a violation of
this subdivision or subdivision four of this section is guilty of a misdemeanor and is
punishable by imprisonment for a period not to exceed one year, or by a fine not to
exceeded [exceed] 1 one thousand dollars, or by both by such fine and imprisonment.

(b) The knowing presence as a spectator at any place where an exhibition of animal
fighting is being conducted.

N.Y. AGRIC. & MKTS. LAW § 353 (2010). Overdriving, torturing and
injuring animals; failure to provide proper sustenance
A person who overdrives, overloads, tortures or cruelly beats or unjustifiably injures,
maims, mutilates or kills any animal, whether wild or tame, and whether belonging to
himself or to another, or deprives any animal of necessary sustenance, food or drink, or
neglects or refuses to furnish it such sustenance or drink, or causes, procures or permits
                    National Center for Prosecution of Child Abuse                       190
                           National District Attorney Association
any animal to be overdriven, overloaded, tortured, cruelly beaten, or unjustifiably injured,
maimed, mutilated or killed, or to be deprived of necessary food or drink, or who wilfully
sets on foot, instigates, engages in, or in any way furthers any act of cruelty to any
animal, or any act tending to produce such cruelty, is guilty of a class A misdemeanor
[fig 1] and for purposes of paragraph (b) of subdivision one of section 160.10 of the criminal
procedure law, shall be treated as a misdemeanor defined in the penal law.

Nothing herein contained shall be construed to prohibit or interfere with any properly
conducted scientific tests, experiments or investigations, involving the use of living
animals, performed or conducted in laboratories or institutions, which are approved for
these purposes by the state commissioner of health. The state commissioner of health
shall prescribe the rules under which such approvals shall be granted, including therein
standards regarding the care and treatment of any such animals. Such rules shall be
published and copies thereof conspicuously posted in each such laboratory or institution.
The state commissioner of health or his duly authorized representative shall have the
power to inspect such laboratories or institutions to insure compliance with such rules
and standards. Each such approval may be revoked at any time for failure to comply with
such rules and in any case the approval shall be limited to a period not exceeding one
year.

N.Y. AGRIC. & MKTS. LAW § 353-a (2010). Aggravated cruelty to
animals
1. A person is guilty of aggravated cruelty to animals when, with no justifiable purpose,
he or she intentionally kills or intentionally causes serious physical injury to a companion
animal with aggravated cruelty. For purposes of this section, "aggravated cruelty" shall
mean conduct which: (i) is intended to cause extreme physical pain; or (ii) is done or
carried out in an especially depraved or sadistic manner.

2. Nothing contained in this section shall be construed to prohibit or interfere in any way
with anyone lawfully engaged in hunting, trapping, or fishing, as provided in article
eleven of the environmental conservation law, the dispatch of rabid or diseased animals,
as provided in article twenty-one of the public health law, or the dispatch of animals
posing a threat to human safety or other animals, where such action is otherwise legally
authorized, or any properly conducted scientific tests, experiments, or investigations
involving the use of living animals, performed or conducted in laboratories or institutions
approved for such purposes by the commissioner of health pursuant to section three
hundred fifty-three of this article.

3. Aggravated cruelty to animals is a felony. A defendant convicted of this offense shall
be sentenced pursuant to paragraph (b) of subdivision one of section 55.10 of the penal law
provided, however, that any term of imprisonment imposed for violation of this section
shall be a definite sentence, which may not exceed two years.

N.Y. AGRIC. & MKTS. LAW § 353-b (2010). Appropriate shelter for dogs
left outdoors
                    National Center for Prosecution of Child Abuse                        191
                          National District Attorney Association
1. For purposes of this section:

(a) "Physical condition" shall include any special medical needs of a dog due to disease,
illness, injury, age or breed about which the owner or person with custody or control of
the dog should reasonably be aware.

(b) "Inclement weather" shall mean weather conditions that are likely to adversely affect
the health or safety of the dog, including but not limited to rain, sleet, ice, snow, wind, or
extreme heat and cold.

(c) "Dogs that are left outdoors" shall mean dogs that are outdoors in inclement weather
without ready access to, or the ability to enter, a house, apartment building, office
building, or any other permanent structure that complies with the standards enumerated in
paragraph (b) of subdivision three of this section.

2. (a) Any person who owns or has custody or control of a dog that is left outdoors shall
provide it with shelter appropriate to its breed, physical condition and the climate. Any
person who knowingly violates the provisions of this section shall be guilty of a
violation, punishable by a fine of not less than fifty dollars nor more than one hundred
dollars for a first offense, and a fine of not less than one hundred dollars nor more than
two hundred fifty dollars for a second and subsequent offenses. Beginning seventy-two
hours after a charge of violating this section, each day that a defendant fails to correct the
deficiencies in the dog shelter for a dog that he or she owns or that is in his or her custody
or control and that is left outdoors, so as to bring it into compliance with the provisions of
this section shall constitute a separate offense.

(b) The court may, in its discretion, reduce the amount of any fine imposed for a violation
of this section by the amount which the defendant proves he or she has spent providing a
dog shelter or repairing an existing dog shelter so that it complies with the requirements
of this section. Nothing in this paragraph shall prevent the seizure of a dog for a violation
of this section pursuant to the authority granted in this article.

3. Minimum standards for determining whether shelter is appropriate to a dog's breed,
physical condition and the climate shall include:

(a) For dogs that are restrained in any manner outdoors, shade by natural or artificial
means to protect the dog from direct sunlight at all times when exposure to sunlight is
likely to threaten the health of the dog.

(b) For all dogs that are left outdoors in inclement weather, a housing facility, which
must: (1) have a waterproof roof; (2) be structurally sound with insulation appropriate to
local climatic conditions and sufficient to protect the dog from inclement weather; (3) be
constructed to allow each dog adequate freedom of movement to make normal postural
adjustments, including the ability to stand up, turn around and lie down with its limbs
outstretched; and (4) allow for effective removal of excretions, other waste material; dirt
and trash. The housing facility and the area immediately surrounding it shall be regularly
                    National Center for Prosecution of Child Abuse                         192
                          National District Attorney Association
cleaned to maintain a healthy and sanitary environment and to minimize health hazards.

4. Inadequate shelter may be indicated by the appearance of the housing facility itself,
including but not limited to, size, structural soundness, evidence of crowding within the
housing facility, healthful environment in the area immediately surrounding such facility,
or by the appearance or physical condition of the dog.

5. Upon a finding of any violation of this section, any dog or dogs seized pursuant to the
provisions of this article that have not been voluntarily surrendered by the owner or
custodian or forfeited pursuant to court order shall be returned to the owner or custodian
only upon proof that appropriate shelter as required by this section is being provided.

6. Nothing in this section shall be construed to affect any protections afforded to dogs or
other animals under any other provisions of this article.

N.Y. AGRIC. & MKTS. LAW § 353-d (2010). Confinement of companion
animals in vehicles: extreme temperatures
1. A person shall not confine a companion animal in a motor vehicle in extreme heat or
cold without proper ventilation or other protection from such extreme temperatures where
such confinement places the companion animal in imminent danger of death or serious
physical injury due to exposure to such extreme heat or cold.

2. Where the operator of such a vehicle cannot be promptly located, a police officer,
peace officer, or peace officer acting as an agent of a duly incorporated humane society
may take necessary steps to remove the animal or animals from the vehicle.

3. Police officers, peace officers or peace officers acting as agents of a duly incorporated
humane society removing an animal or animals from a vehicle pursuant to this section
shall place a written notice on or in the vehicle, bearing the name of the officer or agent,
and the department or agency and address where the animal or animals will be taken.

4. An animal or animals removed from a vehicle pursuant to this section shall, after
receipt of any necessary emergency veterinary treatment, be delivered to the duly
incorporated humane society or society for the prevention of cruelty to animals, or
designated agent thereof, in the jurisdiction where the animal or animals were seized.

5. Any person who knowingly violates the provisions of subdivision one of this section
shall be guilty of a violation, punishable by a fine of not less than fifty dollars nor more
than one hundred dollars for a first offense, and a fine of not less than one hundred
dollars nor more than two hundred and fifty dollars for a second and subsequent offenses.

6. Officers shall not be held criminally or civilly liable for actions taken reasonably and
in good faith in carrying out the provisions of this section.

7. Nothing contained in this section shall be construed to affect any other protections
afforded to companion animals under any other provisions of this article.
                   National Center for Prosecution of Child Abuse                       193
                          National District Attorney Association
N.Y. AGRIC. & MKTS. LAW § 355 (2010). Abandonment of animals
A person being the owner or possessor, or having charge or custody of an animal, who
abandons such animal, or leaves it to die in a street, road or public place, or who allows
such animal, if it become disabled, to lie in a public street, road or public place more than
three hours after he receives notice that it is left disabled, is guilty of a misdemeanor,
punishable by imprisonment for not more than one year, or by a fine of not more than one
thousand dollars, or by both.

N.Y. AGRIC. & MKTS. LAW § 359 (2010). Carrying animal in a cruel
manner
1. A person who carries or causes to be carried in or upon any vessel or vehicle or
otherwise, any animal in a cruel or inhuman manner, or so as to produce torture, is guilty
of a misdemeanor, punishable by imprisonment for not more than one year, or by a fine
of not more than one thousand dollars, or by both.

2. A railway corporation, or an owner, agent, consignee, or person in charge of any
horses, sheep, cattle, or swine, in the course of, or for transportation, who confines, or
causes or suffers the same to be confined, in cars for a longer period than twenty-eight
consecutive hours, or thirty-six consecutive hours where consent is given in the manner
hereinafter provided, with out unloading for rest, water and feeding, during five
consecutive hours, unless prevented by storm or inevitable accident, is guilty of a
misdemeanor. The consent which will extend the period from twenty-eight to thirty-six
hours shall be given by the owner, or by person in custody of a particular shipment, by a
writing separate and apart from any printed bill of lading or other railroad form. In
estimating such confinement, the time during which the animals have been confined
without rest, on connecting roads from which they are received, must be computed. [fig
1]

N.Y. AGRIC. & MKTS. LAW § 360 (2010). Poisoning or attempting to
poison animals
A person who unjustifiably administers any poisonous or noxious drug or substance to a
horse, mule or domestic cattle or unjustifiably exposes any such drug or substance with
intent that the same shall be taken by horse, mule or by domestic cattle, whether such
horse, mule or domestic cattle be the property of himself or another, is guilty of a felony.
A person who unjustifiably administers any poisonous or noxious drug or substance to an
animal, other than a horse, mule or domestic cattle, or unjustifiably exposes any such
drug or substance with intent that the same shall be taken by an animal other than a horse,
mule or domestic cattle, whether such animal be the property of himself or another, is
guilty of a misdemeanor, punishable by imprisonment for not more than one year, or by a
fine of not more than one thousand dollars, or by both.




                   National Center for Prosecution of Child Abuse                        194
                         National District Attorney Association
NORTH CAROLINA

N.C. GEN. STAT. § 14-360 (2010). Cruelty to animals; construction of
section
(a) If any person shall intentionally overdrive, overload, wound, injure, torment, kill, or
deprive of necessary sustenance, or cause or procure to be overdriven, overloaded,
wounded, injured, tormented, killed, or deprived of necessary sustenance, any animal,
every such offender shall for every such offense be guilty of a Class 1 misdemeanor.

(a1) If any person shall maliciously kill, or cause or procure to be killed, any animal by
intentional deprivation of necessary sustenance, that person shall be guilty of a Class A1
misdemeanor.

(b) If any person shall maliciously torture, mutilate, maim, cruelly beat, disfigure, poison,
or kill, or cause or procure to be tortured, mutilated, maimed, cruelly beaten, disfigured,
poisoned, or killed, any animal, every such offender shall for every such offense be guilty
of a Class I felony. However, nothing in this section shall be construed to increase the
penalty for cockfighting provided for in G.S. 14-362.

(c) As used in this section, the words "torture", "torment", and "cruelly" include or refer
to any act, omission, or neglect causing or permitting unjustifiable pain, suffering, or
death. As used in this section, the word "intentionally" refers to an act committed
knowingly and without justifiable excuse, while the word "maliciously" means an act
committed intentionally and with malice or bad motive. As used in this section, the term
"animal" includes every living vertebrate in the classes Amphibia, Reptilia, Aves, and
Mammalia except human beings. However, this section shall not apply to the following
activities:

  (1) The lawful taking of animals under the jurisdiction and regulation of the Wildlife
Resources Commission, except that this section shall apply to those birds exempted by
the Wildlife Resources Commission from its definition of "wild birds" pursuant to G.S.
113-129(15a).

  (2) Lawful activities conducted for purposes of biomedical research or training or for
purposes of production of livestock, poultry, or aquatic species.

  (2a) Lawful activities conducted for the primary purpose of providing food for human
or animal consumption.

 (3) Activities conducted for lawful veterinary purposes.

  (4) The lawful destruction of any animal for the purposes of protecting the public, other
animals, property, or the public health.



                    National Center for Prosecution of Child Abuse                       195
                          National District Attorney Association
  (5) The physical alteration of livestock or poultry for the purpose of conforming with
breed or show standards.

N.C. GEN. STAT. § 14-360.1 (2010). Immunity for veterinarian reporting
animal cruelty
Any veterinarian licensed in this State who has reasonable cause to believe that an animal
has been the subject of animal cruelty in violation of G.S. 14-360 and who makes a report
of animal cruelty, or who participates in any investigation or testifies in any judicial
proceeding that arises from a report of animal cruelty, shall be immune from civil
liability, criminal liability, and liability from professional disciplinary action and shall not
be in breach of any veterinarian-patient confidentiality, unless the veterinarian acted in
bad faith or with a malicious purpose. It shall be a rebuttable presumption that the
veterinarian acted in good faith. A failure by a veterinarian to make a report of animal
cruelty shall not constitute grounds for disciplinary action under G.S. 90-187.8.

N.C. GEN. STAT. § 14-361 (2010). Instigating or promoting cruelty to
animals
If any person shall willfully set on foot, or instigate, or move to, carry on, or promote, or
engage in, or do any act towards the furtherance of any act of cruelty to any animal, he
shall be guilty of a Class 1 misdemeanor.

N.C. GEN. STAT. § 14-361.1 (2010). Abandonment of animals
Any person being the owner or possessor, or having charge or custody of an animal, who
willfully and without justifiable excuse abandons the animal is guilty of a Class 2
misdemeanor.

N.C. GEN. STAT. § 14-362 (2010). Cockfighting
A person who instigates, promotes, conducts, is employed at, allows property under his
ownership or control to be used for, participates as a spectator at, or profits from an
exhibition featuring the fighting of a cock is guilty of a Class I felony. A lease of property
that is used or is intended to be used for an exhibition featuring the fighting of a cock is
void, and a lessor who knows this use is made or is intended to be made of his property is
under a duty to evict the lessee immediately.

N.C. GEN. STAT. § 14-362.1 (2010). Animal fights and baiting, other than
cock fights, dog fights and dog baiting
(a) A person who instigates, promotes, conducts, is employed at, provides an animal for,
allows property under his ownership or control to be used for, or profits from an
exhibition featuring the fighting or baiting of an animal, other than a cock or a dog, is
guilty of a Class 2 misdemeanor. A lease of property that is used or is intended to be used
for an exhibition featuring the fighting or baiting of an animal, other than a cock or a dog,
is void, and a lessor who knows this use is made or is intended to be made of his property
is under a duty to evict the lessee immediately.

(b) A person who owns, possesses, or trains an animal, other than a cock or a dog, with
                  National Center for Prosecution of Child Abuse                      196
                        National District Attorney Association
the intent that the animal be used in an exhibition featuring the fighting or baiting of that
animal or any other animal is guilty of a Class 2 misdemeanor.

(c) A person who participates as a spectator at an exhibition featuring the fighting or
baiting of an animal, other than a cock or a dog, is guilty of a Class 2 misdemeanor.

(d) A person who commits an offense under subsection (a) within three years after being
convicted of an offense under this section is guilty of a Class I felony.

(e) This section does not prohibit the lawful taking or training of animals under the
jurisdiction and regulation of the Wildlife Resources Commission.

N.C. GEN. STAT. § 14-362.2 (2010). Dog fighting and baiting
(a) A person who instigates, promotes, conducts, is employed at, provides a dog for,
allows property under the person's ownership or control to be used for, gambles on, or
profits from an exhibition featuring the baiting of a dog or the fighting of a dog with
another dog or with another animal is guilty of a Class H felony. A lease of property that
is used or is intended to be used for an exhibition featuring the baiting of a dog or the
fighting of a dog with another dog or with another animal is void, and a lessor who
knows this use is made or is intended to be made of the lessor's property is under a duty
to evict the lessee immediately.

(b) A person who owns, possesses, or trains a dog with the intent that the dog be used in
an exhibition featuring the baiting of that dog or the fighting of that dog with another dog
or with another animal is guilty of a Class H felony.

(c) A person who participates as a spectator at an exhibition featuring the baiting of a dog
or the fighting of a dog with another dog or with another animal is guilty of a Class H
felony.

(d) This section does not prohibit the use of dogs in the lawful taking of animals under
the jurisdiction and regulation of the Wildlife Resources Commission.

(e) This section does not prohibit the use of dogs in earthdog trials that are sanctioned or
sponsored by entities approved by the Commissioner of Agriculture that meet standards
that protect the health and safety of the dogs. Quarry at an earthdog trial shall at all times
be kept separate from the dogs by a sturdy barrier, such as a cage, and have access to
food and water.

(f) This section does not apply to the use of herding dogs engaged in the working of
domesticated livestock for agricultural, entertainment, or sporting purposes.

N.C. GEN. STAT. § 14-362.3 (2010). Restraining dogs in a cruel manner
A person who maliciously restrains a dog using a chain or wire grossly in excess of the
size necessary to restrain the dog safely is guilty of a Class 1 misdemeanor. For purposes

                    National Center for Prosecution of Child Abuse                         197
                          National District Attorney Association
of this section, "maliciously" means the person imposed the restraint intentionally and
with malice or bad motive.

N.C. GEN. STAT. § 14-363 (2010). Conveying animals in a cruel manner
If any person shall carry or cause to be carried in or upon any vehicle or other
conveyance, any animal in a cruel or inhuman manner, he shall be guilty of a Class 1
misdemeanor. Whenever an offender shall be taken into custody therefor by any officer,
the officer may take charge of such vehicle or other conveyance and its contents, and
deposit the same in some safe place of custody. The necessary expenses which may be
incurred for taking charge of and keeping and sustaining the vehicle or other conveyance
shall be a lien thereon, to be paid before the same can be lawfully reclaimed; or the said
expenses, or any part thereof remaining unpaid, may be recovered by the person incurring
the same of the owner of such animal in an action therefor.

N.C. GEN. STAT. § 14-177 (2010). Crime against nature
If any person shall commit the crime against nature, with mankind or beast, he shall be
punished as a Class I felon.




NORTH DAKOTA

N.D. CENT. CODE § 36-21.1-01 (2010). Definitions [Humane treatment
of animals].
In this chapter, unless the context otherwise requires:

  1. "Abandoned animal" means an animal that is or reasonably appears to have been
deserted by its owner or keeper. The term may include an animal that is running loose on
property other than that of its owner or the owner's agent if the animal bears no
identification indicating the owner or the owner's agent and the owner or owner's agent is
not known to the sheriff, police officer, licensed veterinarian, or investigator taking
custody of the animal under this chapter.

  2. "Adequate care" means normal and prudent attention to the needs of an animal,
including wholesome food, clean water, shelter, and health care, as necessary to maintain
good health in a specific species of animal.

 3. "Animal" includes every living animal except the human race.

 4. "Commissioner" means the agriculture commissioner.

  5. "Cruelty" or "torture" means any act, omission, or neglect whereby unnecessary or
unjustifiable pain, suffering, or death is caused or permitted. The term does not include:

                   National Center for Prosecution of Child Abuse                         198
                         National District Attorney Association
   a. Any activity that requires a license or permit under chapter 20.1-03;

   b. Any activity that is usual and customary practice in production agriculture;

   c. Any scientific research conducted at a public or private facility or laboratory by or
under the direction of a qualified researcher;

   d. Any show, fair, competition, performance, or parade;

   e. A rodeo;

   f. A wagon or buggy ride;

   g. Trail or pleasure riding; or

   h. Any activity that involves the training or teaching of animals.

  6. "Investigator" means any person approved by the board to determine whether there
has been a violation of this chapter.

N.D. CENT. CODE § 36-21.1-02 (2010). Overworking, mistreating, or
abandoning animals.
1. No person may overdrive, overload, torture, cruelly beat, neglect, or unjustifiably
injure, maim, mutilate, or kill any animal, or cruelly work any animal when unfit for
labor.

2. No person may deprive any animal over which the person has charge or control of
necessary food, water, or shelter.

3. No person may keep any animal in any building, room, cage, or pen without adequate
care.

4. No person may abandon any animal.

5. A person shall reclaim an animal within forty-eight hours of the agreed-upon time for
termination of a boarding contract and pay all charges for boarding the animal.

6. No person may allow any maimed, sick, infirm, or disabled animal of which the person
is the owner, or of which the person has custody, to lie in any street, road, or other public
place for more than three hours after notice.

7. No person may willfully instigate, or in any way further, any act of cruelty to any
animal or animals, or any act tending to produce such cruelty.

8. No person may cage any animal for public display purposes unless the display cage is
constructed of solid material on three sides to protect the caged animal from the elements,
                    National Center for Prosecution of Child Abuse                     199
                          National District Attorney Association
and unless the horizontal dimension of each side of the cage is at least four times the
length of the caged animal. This subsection does not apply to the North Dakota state fair
association, to agricultural fair associations, to any agricultural display of caged animals
by any political subdivision, or to district, regional, or national educational livestock or
poultry exhibitions. Zoos which have been approved by the health district or the
governing body of the political subdivision which has jurisdiction over the zoos are
exempt from this subsection.

N.D. CENT. CODE § 36-21.1-03 (2010). Cruelty in transportation.
No person may carry, or cause to be carried, any live animals upon any vehicle or
otherwise, without providing suitable racks, cars, crates, or cages, or other proper
carrying container, nor may a person carry an animal, or cause an animal to be carried, in
any other cruel manner.

N.D. CENT. CODE § 36-21.1-03.1 (2010). Unattended dog or cat in motor
vehicle.
No person may leave a dog or cat unattended in a stationary or parked motor vehicle in a
manner that endangers the animal's health or safety. Any person who violates this section
is guilty of an infraction.

N.D. CENT. CODE § 36-21.1-04 (2010). Poisoning animals.
No person may unjustifiably administer or expose any known poisonous substance or
noxious drug, whether mixed with meat or other food or not, which may be eaten by any
domestic animal.

N.D. CENT. CODE § 36-21.1-07 (2010). Cockfights, dogfights, and other
exhibitions prohibited -- Penalties.
1. No person may engage in or be employed at cockfighting, dogfighting, bearbaiting,
pitting one animal against another, or any other similar cruelty, such as bear fighting,
kangaroo boxing, or similar activity, to animals; nor may a person receive money for the
admission of any person to any place used, or about to be used, for any such purpose, nor
may a person willfully permit anyone to enter or use, for any such purpose, premises of
which that person is the owner, agent, or occupant; nor may a person use, train, or
possess a dog or other animal for the purpose of maltreating any domestic animal. Any
person who violates this subsection is guilty of a class C felony.

2. No person may knowingly purchase a ticket of admission to, be present at, or witness
the activities prohibited by subsection 1. Any person who violates this subsection is
guilty of a class A misdemeanor.

N.D. CENT. CODE § 36-21.1-15 (2010). Applicability of chapter.
This chapter does not apply to estrays covered under chapter 36-22.




                    National Center for Prosecution of Child Abuse                       200
                          National District Attorney Association
OHIO

OHIO REV. CODE ANN. § 959.01 (2010). Abandoning animals
No owner or keeper of a dog, cat, or other domestic animal, shall abandon such animal.

OHIO REV. CODE ANN. § 959.02 (2010). Injuring animals
No person shall maliciously, or willfully, and without the consent of the owner, kill or
injure a horse, mare, foal, filly, jack, mule, sheep, goat, cow, steer, bull, heifer, ass, ox,
swine, dog, cat, or other domestic animal that is the property of another. This section
does not apply to a licensed veterinarian acting in an official capacity.

OHIO REV. CODE ANN. § 959.03 (2010). Poisoning animals
No person shall maliciously, or willfully and without the consent of the owner,
administer poison, except a licensed veterinarian acting in such capacity, to a horse,
mare, foal, filly, jack, mule, sheep, goat, cow, steer, bull, heifer, ass, ox, swine, dog, cat,
poultry, or any other domestic animal that is the property of another; and no person shall,
willfully and without the consent of the owner, place any poisoned food where it may be
easily found and eaten by any of such animals, either upon his own lands or the lands of
another.

OHIO REV. CODE ANN. § 959.13 (2010). Cruelty to animals
(A) No person shall:

  (1) Torture an animal, deprive one of necessary sustenance, unnecessarily or cruelly
beat, needlessly mutilate or kill, or impound or confine an animal without supplying it
during such confinement with a sufficient quantity of good wholesome food and water;

  (2) Impound or confine an animal without affording it, during such confinement, access
to shelter from wind, rain, snow, or excessive direct sunlight if it can reasonably be
expected that the animals would otherwise become sick or in some other way suffer.
Division (A)(2) of this section does not apply to animals impounded or confined prior to
slaughter. For the purpose of this section, shelter means a man-made enclosure,
windbreak, sunshade, or natural windbreak or sunshade that is developed from the earth's
contour, tree development, or vegetation.[;]

  (3) Carry or convey an animal in a cruel or inhuman[e] manner;

  (4) Keep animals other than cattle, poultry or fowl, swine, sheep, or goats in an
enclosure without wholesome exercise and change of air, * nor or feed cows on food that
produces impure or unwholesome milk;

  (5) Detain livestock in railroad cars or compartments longer than twenty-eight hours
after they are so placed without supplying them with necessary food, water, and attention,
                     National Center for Prosecution of Child Abuse                    201
                           National District Attorney Association
nor permit such stock to be so crowded as to overlie, crush, wound, or kill each other.

(B) Upon the written request of the owner or person in custody of any particular shipment
of livestock, which written request shall be separate and apart from any printed bill of
lading or other railroad form, the length of time in which such livestock may be detained
in any cars or compartment without food, water, and attention, may be extended to thirty-
six hours without penalty therefor. This section does not prevent the dehorning of cattle.

(C) All fines collected for violations of this section shall be paid to the society or
association for the prevention of cruelty to animals, if there be such in the county,
township, or municipal corporation where such violation occurred.

OHIO REV. CODE ANN. § 959.131 (2010). Prohibitions concerning
companion animals
(A) As used in this section:

  (1) "Companion animal" means any animal that is kept inside a residential dwelling and
any dog or cat regardless of where it is kept. "Companion animal" does not include
livestock or any wild animal.

  (2) "Cruelty," "torment," and "torture" have the same meanings as in section 1717.01 of the
Revised Code.

  (3) "Residential dwelling" means a structure or shelter or the portion of a structure or
shelter that is used by one or more humans for the purpose of a habitation.

  (4) "Practice of veterinary medicine" has the same meaning as in section 4741.01 of the
Revised Code.

 (5) "Wild animal" has the same meaning as in section 1531.01 of the Revised Code.

 (6) "Federal animal welfare act" means the "Laboratory Animal Act of 1966," Pub. L.
No. 89-544, 80 Stat. 350 (1966), 7 U.S.C.A. 2131 et seq., as amended by the "Animal Welfare
Act of 1970," Pub. L. No. 91-579, 84 Stat. 1560 (1970), the "Animal Welfare Act
Amendments of 1976," Pub. L. No. 94-279, 90 Stat. 417 (1976), and the "Food Security
Act of 1985," Pub. L. No. 99-198, 99 Stat. 1354 (1985), and as it may be subsequently
amended.

(B) No person shall knowingly torture, torment, needlessly mutilate or maim, cruelly
beat, poison, needlessly kill, or commit an act of cruelty against a companion animal.

(C) No person who confines or who is the custodian or caretaker of a companion animal
shall negligently do any of the following:

  (1) Torture, torment, needlessly mutilate or maim, cruelly beat, poison, needlessly kill,
or commit an act of cruelty against the companion animal;
                   National Center for Prosecution of Child Abuse                       202
                          National District Attorney Association
  (2) Deprive the companion animal of necessary sustenance, confine the companion
animal without supplying it during the confinement with sufficient quantities of good,
wholesome food and water, or impound or confine the companion animal without
affording it, during the impoundment or confinement, with access to shelter from heat,
cold, wind, rain, snow, or excessive direct sunlight, if it can reasonably be expected that
the companion animal would become sick or suffer in any other way as a result of or due
to the deprivation, confinement, or impoundment or confinement in any of those
specified manners.

(D) Divisions (B) and (C) of this section do not apply to any of the following:

  (1) A companion animal used in scientific research conducted by an institution in
accordance with the federal animal welfare act and related regulations;

  (2) The lawful practice of veterinary medicine by a person who has been issued a
license, temporary permit, or registration certificate to do so under Chapter 4741. of the
Revised Code;

  (3) Dogs being used or intended for use for hunting or field trial purposes, provided that
the dogs are being treated in accordance with usual and commonly accepted practices for
the care of hunting dogs;

  (4) The use of common training devices, if the companion animal is being treated in
accordance with usual and commonly accepted practices for the training of animals;

  (5) The administering of medicine to a companion animal that was properly prescribed
by a person who has been issued a license, temporary permit, or registration certificate
under Chapter 4741. of the Revised Code.

(E) Notwithstanding any section of the Revised Code that otherwise provides for the
distribution of fine moneys, the clerk of court shall forward all fines the clerk collects that
are so imposed for any violation of this section to the treasurer of the political subdivision
or the state, whose county humane society or law enforcement agency is to be paid the
fine money as determined under this division. The treasurer to whom the fines are
forwarded shall pay the fine moneys to the county humane society or the county,
township, municipal corporation, or state law enforcement agency in this state that
primarily was responsible for or involved in the investigation and prosecution of the
violation. If a county humane society receives any fine moneys under this division, the
county humane society shall use the fine moneys to provide the training that is required
for humane agents under section 1717.06 of the Revised Code.

OHIO REV. CODE ANN. § 959.15 (2010). Animal fights
No person shall knowingly engage in or be employed at cockfighting, bearbaiting, or
pitting an animal against another; no person shall receive money for the admission of
another to a place kept for such purpose; no person shall use, train, or possess any animal
                    National Center for Prosecution of Child Abuse                         203
                          National District Attorney Association
for seizing, detaining, or maltreating a domestic animal. Any person who knowingly
purchases a ticket of admission to such place, or is present thereat, or witnesses such
spectacle, is an aider and abettor.

OHIO REV. CODE ANN. § 959.16 (2010). Dogfighting offenses;
investigations; seizure and impoundment of dogs, confiscation of
equipment
(A) No person shall knowingly do any of the following:

 (1) Promote, engage in, or be employed at dogfighting;

  (2) Receive money or anything else of value for the admission of another person to a
dogfighting event or a place kept for dogfighting;

 (3) Sell, purchase, possess, or train a dog for dogfighting;

 (4) Use, train, or possess a dog for seizing, detaining, or maltreating a domestic animal;

  (5) Pay money or give anything else of value in exchange for admission to or be present
at a dogfight;

 (6) Witness a dogfight if it is presented as a public spectacle.

(B) The department of agriculture may investigate complaints and follow up rumors of
dogfighting activities and may report any information so gathered to an appropriate
prosecutor or law enforcement agency.

(C) Any peace officer, as defined in section 2935.01 of the Revised Code, may seize and cause
to be impounded in accordance with section 959.161 [959.16.1] of the Revised Code any dogs
that have been, are, or are intended to be used in dogfighting. In addition, any peace
officer shall confiscate any equipment or devices used in training such dogs or as part of
dogfights.

OHIO REV. CODE ANN. § 959.20 (2010). Use of certain devices on animals
prohibited
As used in this section:

  (A) "Work animal" includes a horse, pony, mule, donkey, mare, ox, bull, gelding, or
other animal used or intended to be used for a work purpose.

  (B) "Work purpose" means the performance by a work animal of some work or labor,
including showing, performing, or being used in any exhibition, show, circus, rodeo, or
similar use.

 (C) "Owner" includes any person, firm, association, or corporation owning or having a
                    National Center for Prosecution of Child Abuse                        204
                          National District Attorney Association
proprietary interest in or possession, custody, or charge of a work animal.

  No person shall directly or indirectly or by aiding, abetting, or permitting the doing
thereof put, place, fasten, use, or fix upon or to any work animal used or readied for use
for a work purpose, twisted wire snaffles, unpadded bucking straps, unpadded flank
straps, electric or other prods, or similar devices.

 The commission or performance of any act prohibited by this section is the act of the
owner of the work animal upon or to which such act was done.

OHIO REV. CODE ANN. § 959.99 (2010). Penalties
(A) Whoever violates section 959.18 or 959.19 of the Revised Code is guilty of a minor
misdemeanor.

(B) Except as otherwise provided in this division, whoever violates section 959.02 of the
Revised Code is guilty of a misdemeanor of the second degree. If the value of the animal
killed or the injury done amounts to three hundred dollars or more, whoever violates
section 959.02 of the Revised Code is guilty of a misdemeanor of the first degree.

(C) Whoever violates section 959.03, 959.06, 959.12, 959.15, or 959.17 of the Revised Code is
guilty of a misdemeanor of the fourth degree.

(D) Whoever violates division (A) of section 959.13 of the Revised Code is guilty of a
misdemeanor of the second degree. In addition, the court may order the offender to forfeit
the animal or livestock and may provide for its disposition, including, but not limited to,
the sale of the animal or livestock. If an animal or livestock is forfeited and sold pursuant
to this division, the proceeds from the sale first shall be applied to pay the expenses
incurred with regard to the care of the animal from the time it was taken from the custody
of the former owner. The balance of the proceeds from the sale, if any, shall be paid to
the former owner of the animal.

(E) (1) Whoever violates division (B) of section 959.131 [959.13.1] of the Revised Code is guilty
of a misdemeanor of the first degree on a first offense and a felony of the fifth degree on
each subsequent offense.

  (2) Whoever violates section 959.01 of the Revised Code or division (C) of section 959.131
[959.13.1] of the Revised Code is guilty of a misdemeanor of the second degree on a first
offense and a misdemeanor of the first degree on each subsequent offense.

  (3) (a) A court may order a person who is convicted of or pleads guilty to a violation of
section 959.131 [959.13.1] of the Revised Code to forfeit to an impounding agency, as defined in
section 959.132 [959.13.2] of the Revised Code, any or all of the companion animals in that
person's ownership or care. The court also may prohibit or place limitations on the
person's ability to own or care for any companion animals for a specified or indefinite
period of time.

                     National Center for Prosecution of Child Abuse                             205
                           National District Attorney Association
     (b) A court may order a person who is convicted of or pleads guilty to a violation of
section 959.131 [959.13.1] of the Revised Code to reimburse an impounding agency for the
reasonably necessary costs incurred by the agency for the care of a companion animal
that the agency impounded as a result of the investigation or prosecution of the violation,
provided that the costs were not otherwise paid under section 959.132 [959.13.2] of the Revised
Code.

  (4) If a court has reason to believe that a person who is convicted of or pleads guilty to
a violation of section 959.131 [959.13.1] of the Revised Code suffers from a mental or emotional
disorder that contributed to the violation, the court may impose as a community control
sanction or as a condition of probation a requirement that the offender undergo
psychological evaluation or counseling. The court shall order the offender to pay the
costs of the evaluation or counseling.

(F) Whoever violates section 959.14 of the Revised Code is guilty of a misdemeanor of the
second degree on a first offense and a misdemeanor of the first degree on each
subsequent offense.

(G) Whoever violates section 959.05 or 959.20 of the Revised Code is guilty of a misdemeanor
of the first degree.

(H) Whoever violates section 959.16 of the Revised Code is guilty of a felony of the fourth
degree for a first offense and a felony of the third degree on each subsequent offense.



OKLAHOMA

OKLA. STAT. ANN. tit. 21, § 1685 (2010). Cruelty to animals
Any person who shall willfully or maliciously torture, destroy or kill, or cruelly beat or
injure, maim or mutilate any animal in subjugation or captivity, whether wild or tame,
and whether belonging to the person or to another, or deprive any such animal of
necessary food, drink, shelter, or veterinary care to prevent suffering; or who shall cause,
procure or permit any such animal to be so tortured, destroyed or killed, or cruelly beaten
or injured, maimed or mutilated, or deprived of necessary food, drink, shelter, or
veterinary care to prevent suffering; or who shall willfully set on foot, instigate, engage
in, or in any way further any act of cruelty to any animal, or any act tending to produce
such cruelty, shall be guilty of a felony and shall be punished by imprisonment in the
State Penitentiary not exceeding five (5) years, or by imprisonment in the county jail not
exceeding one (1) year, or by a fine not exceeding Five Thousand Dollars ($ 5,000.00).
Any animal so maltreated or abused shall be considered an abused or neglected animal.

OKLA. STAT. ANN. tit. 21, § 1681 (2010). Poisoning animals
Any person who willfully administers poison to any animal, the property of another, and
every person who maliciously exposes any poisonous substance with intent that the same
                    National Center for Prosecution of Child Abuse                            206
                          National District Attorney Association
shall be taken by any such animal, shall be guilty of a felony and shall be punishable by
imprisonment in the State Penitentiary not exceeding three (3) years, or in a county jail
not exceeding one (1) year, or by a fine not exceeding Two Hundred Fifty Dollars ($
250.00), or by both such fine and imprisonment.

OKLA. STAT. ANN. tit. 21, § 1682 (2010). Instigating fights between
animals
Every person who maliciously, or for any bet, stake or reward, instigates or encourages
any fight between animals with the exception of dogs, or instigates or encourages any
animal with the exception of dogs to attack, bite, wound or worry another, upon
conviction, is guilty of a misdemeanor.

OKLA. STAT. ANN. tit. 21, § 1683 (2010). Keeping places for fighting
animals
Every person who keeps any house, pit or other place, to be used in permitting any fight
between animals with the exception of dogs or in any other violation of Section 1682 of
this title, upon conviction, is guilty of a misdemeanor

OKLA. STAT. ANN. tit. 21, § 1688 (2010). Animals in transit
Any person who carries or causes to be carried in or upon any vessel or vehicle, or
otherwise, any animal in a cruel or inhuman manner, or so as to produce torture is guilty
of a misdemeanor.

OKLA. STAT. ANN. tit. 21, § 1689 (2010). Poisonous drugs, unjustifiable
administration of
Any person who unjustifiably administers any poisonous or noxious drug or substance to
any animal, or unjustifiably exposes any such drug or substance with intent that the same
shall be taken by an animal, whether such animal be the property of himself or another, is
guilty of a misdemeanor.

OKLA. STAT. ANN. tit. 21, § 1691 (2010). Abandoning of domestic
animals along streets or highways or in any public place prohibited
Any person who deposits any live dog, cat, or other domestic animal along any private or
public roadway, or in any other private or public place with the intention of abandoning
the domestic animal upon conviction, shall be guilty of a misdemeanor.

OKLA. STAT. ANN. tit. 21, § 1692 (2010). Penalty
Any person found guilty of violating any of the provisions of Sections 1686, 1688, 1689
and 1691 of this title shall be punished by a fine in an amount not less than One Hundred
Dollars ($ 100.00) nor more than Five Hundred Dollars ($ 500.00), or by imprisonment
in the county jail for not more than one (1) year, or by both said fine and imprisonment.




                   National Center for Prosecution of Child Abuse                      207
                         National District Attorney Association
OKLA. STAT. ANN. tit. 21, § 1692.1 (2010). Definitions [cockfighting]
As used in this act:

  A. "Cockfight" or "cockfighting" is a fight between birds, whether or not fitted with
spurs, knives, or gaffs, and whether or not bets or wagers are made on the outcome of the
fight, and includes any training fight in which birds are intended or encouraged to attack
or fight with one another.

  B. "Equipment used for training or handling a fighting bird" includes knives or gaffs,
cages, pens, feeding apparatuses, training pens and other related devices and equipment,
and is hereby declared contraband and subject to seizure.

OKLA. STAT. ANN. tit. 21, § 1692.2 (2010). Instigating or encouraging
cockfight
Every person who willfully instigates or encourages any cockfight, upon conviction, shall
be guilty of a felony. The penalty for a violation of this section shall be as provided in
Section 8 of this act.

OKLA. STAT. ANN. tit. 21, § 1692.3 (2010). Keeping place, equipment or
facilities for cockfighting
Every person who keeps any pit or other place, or knowingly provides any equipment or
facilities to be used in permitting any cockfight, upon conviction, shall be guilty of a
felony. The penalty for a violation of this section shall be as provided in Section 8 of this
act.

OKLA. STAT. ANN. tit. 21, § 1692.4 (2010). Servicing or facilitating
cockfight
Every person who does any act or performs any service in the furtherance of or to
facilitate any cockfight, upon conviction, shall be guilty of a felony. Such activities and
services specifically prohibited by this section include, but are not limited to: promoting
or refereeing of birds at a cockfight, advertising a cockfight, or serving as a stakes holder
of any money wagered on any cockfight. The penalty for a violation of this section shall
be as provided in Section 8 of this act.

OKLA. STAT. ANN. tit. 21, § 1692.5 (2010). Owning, possessing, keeping
or training bird for fighting
Every person who owns, possesses, keeps, or trains any bird with the intent that such bird
shall be engaged in a cockfight, upon conviction, shall be guilty of a felony. The penalty
for a violation of this section shall be as provided in Section 8 of this act.

OKLA. STAT. ANN. tit. 21, § 1692.6 (2010). Spectators
Every person who is knowingly present as a spectator at any place, building, or other site
where preparations are being made for a cockfight with the intent to be present at such


                       National Center for Prosecution of Child Abuse                     208
                             National District Attorney Association
preparation or cockfight, or is knowingly present at such cockfight, upon conviction shall
be guilty of a misdemeanor.

OKLA. STAT. ANN. tit. 21, § 1692.8 (2010). Punishment
A. Every person who is guilty of a felony under any of the provisions of Sections 2, 3, 4,
or 5 of this act shall be punished by imprisonment in the state penitentiary for not less
than one (1) year nor more than ten (10) years, or shall be fined not less than Two
Thousand Dollars ($ 2,000.00) nor more than Twenty-five Thousand Dollars ($
25,000.00), or by both such fine and imprisonment.

  B. Every person who upon conviction is guilty of any of the provisions of Section 6 of
this act shall be punished by imprisonment in the county jail for not more than one (1)
year, or shall be fined not more than Five Hundred Dollars ($ 500.00), or by both such
fine and imprisonment.

OKLA. STAT. ANN. tit. 21, § 1699.1 (2010). Punishment
A. Every person who is guilty of a felony under any of the provisions of Sections 1694,
1695, 1696 and 1697 of this title shall be punished by imprisonment in the State
Penitentiary for not less than one (1) year nor more than ten (10) years, or a fine not less
than Two Thousand Dollars ($ 2,000.00) nor more than Twenty-five Thousand Dollars ($
25,000.00), or by both such fine and imprisonment.

  B. Every person who upon conviction is guilty of any of the provisions of Section 1698
of this title shall be punished by imprisonment in the county jail for not more than one (1)
year, or shall be fined not more than Five Hundred Dollars ($ 500.00).

OKLA. STAT. ANN. tit. 21, § 1693 (2010). Definitions [Dogfighting]
As used in this act:

  1. "Equipment used for training or handling a fighting dog" includes harnesses,
treadmills, cages, decoys, pens, houses, feeding apparatuses, training pens and other
related devices and equipment.

  2. "Equipment used for transporting a fighting dog" includes any automobile, or other
vehicle, and its appurtenances which are intended to be used as a vehicle for transporting
a fighting dog to a fight;

  3. "Concession equipment" includes any stands, equipment or devices intended to be
used to sell or otherwise to dispense food, drinks, liquor, souvenirs or spectator comforts;

  4. "Equipment used to promote or advertise a dogfight" includes any printing presses or
similar equipment, any paper, ink, photography equipment, and related items and
equipment intended to be used to transport same;

  5. "Equipment used to stage a dogfight" includes, but is not limited to, dogfighting
arenas, bleachers, or spectators' stands or other seating, tents, canopies, buildings, fences,
                    National Center for Prosecution of Child Abuse                         209
                          National District Attorney Association
cages, speakers, public address systems, portable toilet facilities and related equipment;
and

  6. "Fighting dog" includes any dog trained, being trained, intended to be used for
training, or intended to be used to attack, bite, wound or worry another dog.

OKLA. STAT. ANN. tit. 21, § 1694 (2010). Instigating or encouraging
dogfight--Felony--Penalty
Every person who willfully or for any bet, stake or reward, instigates or encourages any
fight between dogs, or instigates or encourages any dog to attack, bite, wound or worry
another dog, except in the course of protection of life and property, upon conviction, shall
be guilty of a felony, punishable as provided in Section 1699.1 of this title.

OKLA. STAT. ANN. tit. 21, § 1695 (2010). Keeping place, equipment or
facilities for dogfighting--Felony--Penalty
Every person who keeps any house, pit or other place, or provides any equipment or
facilities to be used in permitting any fight between dogs or in furtherance of any activity
described in Section 1693 of this title, upon conviction, shall be guilty of a felony,
punishable as provided in Section 1699.1 of this title.

OKLA. STAT. ANN. tit. 21, § 1696 (2010). Servicing or facilitating
dogfight--Felony--Penalty
Every person who does any act or performs any service in the furtherance of or to
facilitate any dogfight, upon conviction, shall be guilty of a felony. Such activities and
services specifically prohibited by this section include, but are not limited to: Promotion,
refereeing, handling of dogs at a fight, transportation of spectators to or from a dogfight,
providing concessions at a dogfight, advertising a dogfight, or serving as a stakes holder
of any money wagered on any dogfight, punishable as provided in Section 1699.1 of this
title.

OKLA. STAT. ANN. tit. 21, § 1697 (2010). Owning, possessing, keeping or
training dog for fighting--Felony--Penalty
Every person who owns, possesses, keeps or trains any dog with the intent that such dog
shall be engaged in an exhibition of fighting with another dog, upon conviction, shall be
guilty of a felony, punishable as provided in Section 1699.1 of this title.

OKLA. STAT. ANN. tit. 21, § 1698 (2010). Spectators
Every person who is knowingly present as a spectator at any place, building or other site
where preparations are being made for an exhibition of dogfighting with the intent to be
present at such preparation or fight, or is knowingly present at such exhibition, upon
conviction, shall be guilty of a misdemeanor.

OKLA. STAT. ANN. tit. 21, § 1699.1 (2010). Punishment
A. Every person who is guilty of a felony under any of the provisions of Sections 1694,

                   National Center for Prosecution of Child Abuse                        210
                         National District Attorney Association
1695, 1696 and 1697 of this title shall be punished by imprisonment in the State
Penitentiary for not less than one (1) year nor more than ten (10) years, or a fine not less
than Two Thousand Dollars ($ 2,000.00) nor more than Twenty-five Thousand Dollars ($
25,000.00), or by both such fine and imprisonment.

  B. Every person who upon conviction is guilty of any of the provisions of Section 1698
of this title shall be punished by imprisonment in the county jail for not more than one (1)
year, or shall be fined not more than Five Hundred Dollars ($ 500.00).

OKLA. STAT. ANN. tit. 21, § 1699.2 (2010). Exemptions
Nothing in this act shall prohibit any of the following:

  1. The use of dogs in hunting as permitted by the Game and Fish Code and by the rules
and regulations adopted by the Oklahoma Wildlife Conservation Commission;

 2. The use of dogs in the management of livestock by the owner of such livestock or his
employees or agents or other persons in lawful custody thereof;

  3. The training of dogs or the use of equipment in the training of dogs for any purpose
not prohibited by law; or

  4. The raising, breeding, keeping or training of dogs or the use of equipment for the
raising, breeding, keeping or training of dogs for sale or show purposes.

OKLA. STAT. ANN. tit. 21, § 1700 (2010). Bear wrestling--Horse tripping
A. It is unlawful for any person to:

  1. Promote, engage in, or be employed at a bear wrestling exhibition or horse tripping
event;

 2. Receive money for the admission of another person to any place where bear
wrestling or horse tripping will occur;

 3. Sell, purchase, possess, or offer a horse for any horse tripping event;

 4. Sell, purchase, possess, or train a bear for any bear wrestling exhibition;

  5. Subject a bear to alteration in any form for purposes of bear wrestling including, but
not limited to, removal of claws or teeth, or severing tendons; or

  6. Give any substance to a bear, inject any substance into a bear, or cause a bear to
ingest or inhale any substance for the purposes of bear wrestling.

  B. Any person violating the provisions of this section shall, upon conviction, be guilty
of a misdemeanor punishable by imprisonment in the county jail not exceeding one (1)
year, or by a fine of not more than Two Thousand Dollars ($ 2,000.00), or by both such
                    National Center for Prosecution of Child Abuse                      211
                           National District Attorney Association
fine and imprisonment. In addition, the court may require the violator to make restitution
and reimbursements to the state, any of its political subdivisions, or to any society which
is incorporated for the prevention of cruelty to animals for housing, feeding, or providing
medical treatment to any animals used or intended for use in violation of this section.

  C. Upon the arrest of any person pursuant to any provision of this section, the arresting
law enforcement agency or animal control office shall have authority to seize and take
custody of all animals in the possession of the arrested person which are the basis of an
arrest pursuant to the provisions of this section. Upon conviction, the court shall have
authority to order the forfeiture of all animals seized which are the basis of the conviction
pursuant to the provisions of this section. Any animals ordered forfeited may be placed in
the custody of a society which is incorporated for the prevention of cruelty to animals.

  D. As used in this section, "horse tripping" means to cause an animal of the equine
species to fall or lose its balance with the use of a wire, pole, stick, rope or other object.
The term does not include the lawful laying down of a horse for medical purposes or for
the purposes of identification.

OKLA. STAT. ANN. tit. 21, § 886 (2010). Crime against nature
Every person who is guilty of the detestable and abominable crime against nature,
committed with mankind or with a beast, is punishable by imprisonment in the custody of
the Department of Corrections not exceeding ten (10) years. Except for persons sentenced
to life or life without parole, any person sentenced to imprisonment for two (2) years or
more for a violation of this section shall be required to serve a term of post-imprisonment
supervision pursuant to subparagraph f of paragraph 1 of subsection A of Section 991a of
Title 22 of the Oklahoma Statutes under conditions determined by the Department of
Corrections. The jury shall be advised that the mandatory post-imprisonment supervision
shall be in addition to the actual imprisonment.

OKLA. STAT. ANN. tit. 21, § 887 (2010). Crime against nature, what
penetration necessary
Any sexual penetration, however slight, is sufficient to complete the crime against nature.

OKLA. STAT. ANN. tit. 21, § 1680.3 (2010). Veterinarian required to
report suspected animal abuse--Immunity from civil liability
A. A veterinarian shall report suspected cases of animal abuse to a local law enforcement
agency in the county where the veterinarian is practicing within twenty-four (24) hours of
any examination or treatment administered to any animal which the veterinarian
reasonably suspects and believes has been abused. The report shall contain the breed and
description of the animal together with the name and address of the owner.

  B. A veterinarian who files a report as provided in this section shall be immune from
civil liability with respect to any report made in good faith.



                    National Center for Prosecution of Child Abuse                          212
                          National District Attorney Association
OREGON
OR. REV. STAT. § 167.310 (2010). Definitions for ORS 167.310 to 167.351
[Offenses against animals].
As used in ORS 167.310 to 167.351:

(1) Animal" means any nonhuman mammal, bird, reptile, amphibian or fish.

(2) Domestic animal" means an animal, other than livestock or equines, that is owned or
possessed by a person.

(3) Equine" means a horse, pony, donkey, mule, hinny, zebra or a hybrid of any of these
animals.

(4) Good animal husbandry" includes, but is not limited to, the dehorning of cattle, the
docking of horses, sheep or swine, and the castration or neutering of livestock, according
to accepted practices of veterinary medicine or animal husbandry.

(5) Law enforcement animal" means a dog or horse used in law enforcement work under
the control of a corrections officer, parole and probation officer, police officer or youth
correction officer, as those terms are defined in ORS 181.610, who has successfully
completed at least 360 hours of training in the care and use of a law enforcement animal,
or who has passed the demonstration of minimum standards established by the Oregon
Police Canine Association or other accredited and recognized animal handling
organization.

(6) Livestock" has the meaning provided in ORS 609.125.

(7) Minimum care" means care sufficient to preserve the health and well-being of an
animal and, except for emergencies or circumstances beyond the reasonable control of
the owner, includes, but is not limited to, the following requirements:

(a) Food of sufficient quantity and quality to allow for normal growth or maintenance of
body weight.

(b) Open or adequate access to potable water in sufficient quantity to satisfy the animal's
needs. Access to snow or ice is not adequate access to potable water.

(c) For a domestic animal other than a dog engaged in herding or protecting livestock,
access to a barn, dog house or other enclosed structure sufficient to protect the animal
from wind, rain, snow or sun and that has adequate bedding to protect against cold and
dampness.

(d) Veterinary care deemed necessary by a reasonably prudent person to relieve distress
from injury, neglect or disease.

                   National Center for Prosecution of Child Abuse                       213
                         National District Attorney Association
(e) For a domestic animal, continuous access to an area:

(A) With adequate space for exercise necessary for the health of the animal;

(B) With air temperature suitable for the animal; and

(C) Kept reasonably clean and free from excess waste or other contaminants that could
affect the animal's health.

(f) For a livestock animal that cannot walk or stand without assistance:

(A) Humane euthanasia; or

(B) The provision of immediate and ongoing care to restore the animal to an ambulatory
state.

(8) Physical injury" means physical trauma, impairment of physical condition or
substantial pain.

(9) Physical trauma" means fractures, cuts, punctures, bruises, burns or other wounds.

(10) Possess" has the meaning provided in ORS 161.015.

(11) Serious physical injury" means physical injury that creates a substantial risk of death
or that causes protracted disfigurement, protracted impairment of health or protracted loss
or impairment of the function of a limb or bodily organ.

OR. REV. STAT. § 167.315 (2010). Animal abuse in the second degree.
(1) A person commits the crime of animal abuse in the second degree if, except as
otherwise authorized by law, the person intentionally, knowingly or recklessly causes
physical injury to an animal.

(2) Any practice of good animal husbandry is not a violation of this section.

(3) Animal abuse in the second degree is a Class B misdemeanor.

OR. REV. STAT. § 167.320 (2010). Animal abuse in the first degree.
(1) A person commits the crime of animal abuse in the first degree if, except as otherwise
authorized by law, the person intentionally, knowingly or recklessly:

(a) Causes serious physical injury to an animal; or

(b) Cruelly causes the death of an animal.

(2) Any practice of good animal husbandry is not a violation of this section.
                   National Center for Prosecution of Child Abuse                        214
                         National District Attorney Association
(3) Animal abuse in the first degree is a Class A misdemeanor.

(4) Notwithstanding subsection (3) of this section, animal abuse in the first degree is a
Class C felony if:

(a) The person committing the animal abuse has previously been convicted of two or
more of the following offenses:

(A) Any offense under ORS 163.160, 163.165, 163.175, 163.185 or 163.187 or the equivalent
laws of another jurisdiction, if the offense involved domestic violence as defined in ORS
135.230 or the offense was committed against a minor child; or

(B) Any offense under this section or ORS 167.322, or the equivalent laws of another
jurisdiction; or

(b) The person knowingly commits the animal abuse in the immediate presence of a
minor child. For purposes of this paragraph, a minor child is in the immediate presence of
animal abuse if the abuse is seen or directly perceived in any other manner by the minor
child.

OR. REV. STAT. § 167.322 (2010). Aggravated animal abuse in the first
degree.
(1) A person commits the crime of aggravated animal abuse in the first degree if the
person:

(a) Maliciously kills an animal; or

(b) Intentionally or knowingly tortures an animal.

(2) Aggravated animal abuse in the first degree is a Class C felony.

(3) As used in this section:

(a) Maliciously" means intentionally acting with a depravity of mind and reckless and
wanton disregard of life.

(b) Torture" means an action taken for the primary purpose of inflicting pain.

OR. REV. STAT. § 167.325 (2010). Animal neglect in the second degree.
(1) A person commits the crime of animal neglect in the second degree if, except as
otherwise authorized by law, the person intentionally, knowingly, recklessly or with
criminal negligence fails to provide minimum care for an animal in such person's custody
or control.

(2) Animal neglect in the second degree is a Class B misdemeanor.
                   National Center for Prosecution of Child Abuse                           215
                          National District Attorney Association
OR. REV. STAT. § 167.330 (2010). Animal neglect in the first degree.
(1) A person commits the crime of animal neglect in the first degree if, except as
otherwise authorized by law, the person intentionally, knowingly, recklessly or with
criminal negligence fails to provide minimum care for an animal in the person's custody
or control and the failure to provide care results in serious physical injury or death to the
animal.

(2) Animal neglect in the first degree is a Class A misdemeanor.

OR. REV. STAT. § 167.332 (2010). Prohibition against possession of
domestic animal.
(1) In addition to any other penalty imposed by law, a person convicted of violating ORS
167.315, 167.325, 167.330, 167.333, 167.340 or 167.355 or of a misdemeanor under ORS 167.320,
may not possess a domestic animal for a period of five years following entry of the
conviction.

(2) In addition to any other penalty imposed by law, a person convicted of violating ORS
167.322, 167.365 or 167.428 or of a felony under ORS 167.320, may not possess a domestic
animal for a period of 15 years following entry of the conviction.

(3) A person who possesses a domestic animal in violation of this section commits a
Class C misdemeanor. When a person is convicted of possessing a domestic animal in
violation of this section, the court may order the removal of domestic animals from the
person's residence.

OR. REV. STAT. § 167.340 (2010). Animal abandonment.
(1) A person commits the crime of animal abandonment if the person intentionally,
knowingly, recklessly or with criminal negligence leaves a domestic animal or an equine
at a location without providing minimum care.

(2) It is no defense to the crime defined in subsection (1) of this section that the defendant
abandoned the animal at or near an animal shelter, veterinary clinic or other place of
shelter if the defendant did not make reasonable arrangements for the care of the animal.

(3) Animal abandonment is a Class B misdemeanor.


OR. REV. STAT. § 167.349 (2010). Encouraging animal abuse.
(1) A person commits the crime of encouraging animal abuse if the person:

(a) Obtains a previously abused, neglected or abandoned animal from an animal care
agency under ORS 167.348 or the court under ORS 167.350; and

(b) Knowingly allows the person from whom the animal was forfeited to possess the
                    National Center for Prosecution of Child Abuse                        216
                          National District Attorney Association
animal.

(2) Encouraging animal abuse is a Class C misdemeanor.

Note: Section 4, chapter 273, Oregon Laws 2009, provides: Sec. 4. Section 3 of this 2009
Act

Note: 167.349 was enacted into law by the Legislative Assembly but was not added to or
made a part of ORS chapter 167 or any series therein by legislative action. See Preface to
Oregon Revised Statutes for further explanation.

OR. REV. STAT. § 167.355 (2010). Involvement in animal fighting.
167.352 was enacted into law by the Legislative Assembly but was not added to or made
a part of ORS chapter 167 or any series therein by legislative action. See Preface to
Oregon Revised Statutes for further explanation.

(1) A person commits the crime of involvement in animal fighting if the person:

(a) Owns or trains an animal with the intention that the animal engage in an exhibition of
fighting;

(b) Promotes, conducts, participates in or is present as a spectator at an exhibition of
fighting or preparations thereto;

(c) Keeps or uses, or in any way is connected with or interested in the management of, or
receives money for the admission of any person to any place kept or used for the purpose
of an exhibition of fighting; or

(d) Knowingly suffers or permits any place over which the person has possession or
control to be occupied, kept or used for the purpose of an exhibition of fighting.

(2) For purposes of this section:

(a) Animal" means any bird, reptile, amphibian, fish or nonhuman mammal, other than a
dog or a fighting bird as defined in ORS 167.426.

(b) Exhibition of fighting" means a public or private display of combat between two or
more animals in which the fighting, killing, maiming or injuring of animals is a
significant feature. "Exhibition of fighting" does not include demonstrations of the
hunting or tracking skills of an animal or the lawful use of animals for hunting, tracking
or self-protection.

(3) Involvement in animal fighting is a Class C felony.

OR. REV. STAT. § 167.360 (2010). Definitions for ORS 167.360 to
167.372.
                    National Center for Prosecution of Child Abuse                         217
                          National District Attorney Association
As used in ORS 167.360 to 167.372:

(1) "Breaking stick" means a device designed for insertion behind the molars of a dog for
the purpose of breaking the dog's grip on another animal or object.

(2) "Cat mill" means a device that rotates around a central support with one arm designed
to secure a dog and one arm designed to secure a cat, rabbit or other small animal beyond
the grasp of the dog.

(3) "Dogfight" means a fight, arranged by any person, between two or more dogs the
purpose or probable result of which fight is the infliction of injury by one dog upon
another.

(4) "Dogfighting paraphernalia" means:

(a) A breaking stick;

(b) A springpole;

(c) A cat mill;

(d) A treadmill;

(e) A fighting pit;

(f) A leather or mesh collar with a strap more than two inches in width;

(g) A weighted or unweighted chain collar weighing 10 pounds or more; or

(h) An unprescribed veterinary medicine that is a prescription drug as defined in ORS
689.005.

(5) "Fighting dog" means a dog that is intentionally bred or trained to be used in, or that
is actually used in, a dogfight. A dog does not constitute a fighting dog solely on account
of its breed.

(6) "Fighting pit" means a walled area designed to contain a dogfight.

(7) "Springpole" means a biting surface attached to a stretchable device, suspended at a
height sufficient to prevent a dog from reaching the biting surface while touching the
ground.

(8) "Treadmill" means:

(a) A carpet mill made of narrow sections of carpet;

                      National Center for Prosecution of Child Abuse                    218
                            National District Attorney Association
(b) A modified electric treadmill for the purpose of conditioning dogs; or

(c) A slat mill with a running surface constructed of slats made of wood, fiberglass,
plastic or other similar material.

Note: 167.360 to 167.372 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 167 or any series therein by legislative
action. See Preface to Oregon Revised Statutes for further explanation.

OR. REV. STAT. § 167.360 (2010). Definitions for ORS 167.360 to
167.372.
As used in ORS 167.360 to 167.372:

(1) "Breaking stick" means a device designed for insertion behind the molars of a dog for
the purpose of breaking the dog's grip on another animal or object.

(2) "Cat mill" means a device that rotates around a central support with one arm designed
to secure a dog and one arm designed to secure a cat, rabbit or other small animal beyond
the grasp of the dog.

(3) "Dogfight" means a fight, arranged by any person, between two or more dogs the
purpose or probable result of which fight is the infliction of injury by one dog upon
another.

(4) "Dogfighting paraphernalia" means:

(a) A breaking stick;

(b) A springpole;

(c) A cat mill;

(d) A treadmill;

(e) A fighting pit;

(f) A leather or mesh collar with a strap more than two inches in width;

(g) A weighted or unweighted chain collar weighing 10 pounds or more; or

(h) An unprescribed veterinary medicine that is a prescription drug as defined in ORS
689.005.

(5) "Fighting dog" means a dog that is intentionally bred or trained to be used in, or that
is actually used in, a dogfight. A dog does not constitute a fighting dog solely on account
of its breed.
                     National Center for Prosecution of Child Abuse                      219
                           National District Attorney Association
(6) "Fighting pit" means a walled area designed to contain a dogfight.

(7) "Springpole" means a biting surface attached to a stretchable device, suspended at a
height sufficient to prevent a dog from reaching the biting surface while touching the
ground.

(8) "Treadmill" means:

(a) A carpet mill made of narrow sections of carpet;

(b) A modified electric treadmill for the purpose of conditioning dogs; or

(c) A slat mill with a running surface constructed of slats made of wood, fiberglass,
plastic or other similar material.

Note: 167.360 to 167.372 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 167 or any series therein by legislative
action. See Preface to Oregon Revised Statutes for further explanation.

OR. REV. STAT. § 167.370 (2010). Participation in dogfighting.
See note under 167.360.

(1) A person commits the crime of participation in dogfighting if the person knowingly:

(a) Attends or has paid admission at any place for the purpose of viewing or betting upon
a dogfight.

(b) Advertises or otherwise offers to sell equipment that the person knows or reasonably
should know will be used for the purpose of training and handling a fighting dog.

(2) Participation in dogfighting is a Class C felony.

167.372 Possessing dogfighting paraphernalia.
See note under 167.360.
(1) A person commits the crime of possessing dogfighting paraphernalia if the person
owns or possesses dogfighting paraphernalia with the intent that the paraphernalia be
used to train a dog as a fighting dog or be used in the furtherance of a dogfight.

(2) Possessing dogfighting paraphernalia is a Class C felony.

OR. REV. STAT. § 167.426 (2010). Definitions for ORS 167.426 to
167.439. [Offenses involving fighting birds]
As used in ORS 167.426 to 167.439:


                   National Center for Prosecution of Child Abuse                       220
                         National District Attorney Association
(1) "Cockfight" means a fight between two or more birds that is arranged by a person and
that has the purpose or probable result of one bird inflicting injury to another bird.

(2) "Constructive possession" means an exercise of dominion and control over the
location and treatment of property without taking physical possession of the property.

(3) "Fighting bird" means a bird that is intentionally reared or trained for use in, or that
actually is used in, a cockfight.

(4) "Gaff" means an artificial steel spur designed for attachment to the leg of a fighting
bird in replacement of the bird's natural spurs.

(5) "Slasher" means a steel weapon resembling a curved knife blade designed for
attachment to the foot of a fighting bird.

Note: 167.426 to 167.439 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 167 or any series therein by legislative
action. See Preface to Oregon Revised Statutes for further explanation.

OR. REV. STAT. § 167.428 (2010). Cockfighting.
167.426 to 167.439 were enacted into law by the Legislative Assembly but were not
added to or made a part of ORS chapter 167 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.

(1) A person commits the crime of cockfighting if the person knowingly:

(a) Owns, possesses, keeps, rears, trains, buys, sells or advertises or otherwise offers to
sell a fighting bird.

(b) Promotes or participates in, or performs services in furtherance of, the conducting of a
cockfight. As used in this paragraph, "services in furtherance" includes, but is not limited
to, transporting spectators to a cockfight, handling fighting birds, organizing, advertising
or refereeing a cockfight and providing, or acting as stakeholder for, money wagered on a
cockfight.

(c) Keeps, uses or manages, or accepts payment of admission to, a place for the
conducting of a cockfight.

(d) Suffers or permits a place in the possession or control of the person to be occupied,
kept or used for the conducting of a cockfight.

(e) Manufactures, buys, sells, barters, exchanges, possesses, advertises or otherwise
offers to sell a gaff, slasher or other sharp implement designed for attachment to a
fighting bird with the intent that the gaff, slasher or other sharp implement be used in
cockfighting.

                    National Center for Prosecution of Child Abuse                         221
                          National District Attorney Association
(2) Subsection (1)(a) of this section does not apply to the owning, possessing, keeping,
rearing, buying, selling, advertising or otherwise offering for sale of a bird for purposes
other than training the bird as a fighting bird, using or intending to use the bird in
cockfighting or supplying the bird knowing that the bird is intended to be used in
cockfighting.

(3) Cockfighting is a Class C felony.

OR. REV. STAT. § 167.431 (2010). Participation in cockfighting.
(1) A person commits the crime of participation in cockfighting if the person knowingly:

(a) Attends a cockfight or pays admission at any location to view or bet on a cockfight; or

(b) Manufactures, buys, sells, barters, exchanges, possesses, advertises or otherwise
offers to sell equipment with the intent that the equipment be used in training or handling
a fighting bird or for enhancing the fighting ability of a fighting bird. This paragraph does
not apply to a gaff, slasher or other sharp implement designed for attachment to a fighting
bird.

(2) Participation in cockfighting is a Class C felony.

OR. REV. STAT. § 167.333 (2010). Sexual assault of animal.
(1) A person commits the crime of sexual assault of an animal if the person:

(a) Touches or contacts, or causes an object or another person to touch or contact, the
mouth, anus or sex organs of an animal or animal carcass for the purpose of arousing or
gratifying the sexual desire of a person; or

(b) Causes an animal or animal carcass to touch or contact the mouth, anus or sex organs
of a person for the purpose of arousing or gratifying the sexual desire of a person.

(2) Subsection (1) of this section does not apply to the use of products derived from
animals.

(3) Sexual assault of an animal is a Class A misdemeanor.

OR. REV. STAT. § 167.334 (2010). Evaluation of person convicted of
violating ORS 167.333.
Upon the conviction of a defendant for violation of ORS 167.333, the court may order a
psychiatric or psychological evaluation of the defendant for inclusion in the presentence
report as described in ORS 137.077.

OR. REV. STAT. § 167.335 (2010). Exemption from ORS 167.315 to
167.333.
167.334 was enacted into law by the Legislative Assembly but was not added to or made
                    National Center for Prosecution of Child Abuse                       222
                          National District Attorney Association
a part of ORS chapter 167 or any series therein by legislative action. See Preface to
Oregon Revised Statutes for further explanation.

Unless gross negligence can be shown, the provisions of ORS 167.315 to 167.333 do not
apply to:

(1) The treatment of livestock being transported by owner or common carrier;

(2) Animals involved in rodeos or similar exhibitions;

(3) Commercially grown poultry;

(4) Animals subject to good animal husbandry practices;

(5) The killing of livestock according to the provisions of ORS 603.065;

(6) Animals subject to good veterinary practices as described in ORS 686.030;

(7) Lawful fishing, hunting and trapping activities;

(8) Wildlife management practices under color of law;

(9) Lawful scientific or agricultural research or teaching that involves the use of animals;

(10) Reasonable activities undertaken in connection with the control of vermin or pests;
and

(11) Reasonable handling and training techniques.




PENNSYLVANIA

18 PA. CONS. STAT. ANN. § 5511 (2010). Cruelty to animals
(a) KILLING, MAIMING OR POISONING DOMESTIC ANIMALS OR ZOO
ANIMALS, ETC.--

 (1) A person commits a misdemeanor of the second degree if he willfully
 and maliciously:

   (i) Kills, maims or disfigures any domestic animal of another person
   or any domestic fowl of another person.

   (ii) Administers poison to or exposes any poisonous substance with

                   National Center for Prosecution of Child Abuse                        223
                         National District Attorney Association
 the intent to administer such poison to any domestic animal of
 another person or domestic fowl of another person.

 (iii) Harasses, annoys, injures, attempts to injure, molests or
 interferes with a dog guide for an individual who is blind, a hearing
 dog for an individual who is deaf or audibly impaired or a service
 dog for an individual who is physically limited.

Any person convicted of violating the provisions of this paragraph
shall be sentenced to pay a fine of not less than $ 500.

(2) A person commits a felony of the third degree if he willfully and
maliciously:

 (i) Kills, maims or disfigures any zoo animal in captivity.

 (ii) Administers poison to or exposes any poisonous substance with
 the intent to administer such poison to any zoo animal in captivity.

 (2.1) (i) A person commits a misdemeanor of the first degree if he
 willfully and maliciously:

  (A) Kills, maims, mutilates, tortures or disfigures any dog or cat,
  whether belonging to himself or otherwise. If a person kills,
  maims, mutilates, tortures or disfigures a dog guide for an
  individual who is blind, a hearing dog for an individual who is
  deaf or audibly impaired or a service dog for an individual who is
  physically limited, whether belonging to the individual or
  otherwise, that person, in addition to any other applicable
  penalty, shall be required to make reparations for veterinary costs
  in treating the dog and, if necessary, the cost of obtaining and
  training a replacement dog.

  (B) Administers poison to or exposes any poisonous substance with
  the intent to administer such poison to any dog or cat, whether
  belonging to himself or otherwise.

 (ii) Any person convicted of violating the provisions of this
 paragraph shall be sentenced to pay a fine of not less than $ 1,000
 or to imprisonment for not more than two years, or both. The court
 may also order a presentence mental evaluation. A subsequent
 conviction under this paragraph shall be a felony of the third
 degree. This paragraph shall apply to dogs and cats only.

 (iii) The killing of a dog or cat by the owner of that animal is not
 malicious if it is accomplished in accordance with the act of
                 National Center for Prosecution of Child Abuse          224
                       National District Attorney Association
   December 22, 1983 (P.L. 303, No. 83), referred to as the Animal
   Destruction Method Authorization Law.

 (3) This subsection shall not apply to:

   (i) the killing of any animal taken or found in the act of actually
   destroying any domestic animal or domestic fowl;

   (ii) the killing of any animal or fowl pursuant to the act of June 3,
   1937 (P.L. 1225, No. 316), known as The Game Law, or 34 Pa.C.S. §
   2384 (relating to declaring dogs public nuisances) and 2385 (relating
   to destruction of dogs declared public nuisances), or the regulations
   promulgated thereunder; or

   (iii) such reasonable activity as may be undertaken in connection
   with vermin control or pest control.

  (b) REGULATING CERTAIN ACTIONS CONCERNING FOWL OR RABBITS.-- A
person commits a summary offense if he sells, offers for sale, barters, or gives away baby
chickens, ducklings, or other fowl, under one month of age, or rabbits under two months
of age, as pets, toys, premiums or novelties or if he colors, dyes, stains or otherwise
changes the natural color of baby chickens, ducklings or other fowl, or rabbits or if he
brings or transports the same into this Commonwealth. This section shall not be
construed to prohibit the sale or display of such baby chickens, ducklings, or other fowl,
or such rabbits, in proper facilities by persons engaged in the business of selling them for
purposes of commercial breeding and raising.

 (c) CRUELTY TO ANIMALS.--

 (1) A person commits an offense if he wantonly or cruelly illtreats,
 overloads, beats, otherwise abuses any animal, or neglects any animal
 as to which he has a duty of care, whether belonging to himself or
 otherwise, or abandons any animal, or deprives any animal of necessary
 sustenance, drink, shelter or veterinary care, or access to clean and
 sanitary shelter which will protect the animal against inclement
 weather and preserve the animal's body heat and keep it dry.

   (2) (i) Except as provided in subparagraph (ii), a person convicted
   of violating paragraph (1) commits a summary offense.

   (ii) A person convicted for a second or subsequent time of violating
   paragraph (1) commits a misdemeanor of the third degree if all of the
   following occurred:

    (A) The action or omission for which the person was convicted for a
    subsequent time was performed on a dog or cat.
                   National Center for Prosecution of Child Abuse                       225
                         National District Attorney Association
    (B) The dog or cat was seriously injured, suffered severe physical
    distress or was placed at imminent risk of serious physical harm as
    the result of the person's action or omission.

 (3) This subsection shall not apply to activity undertaken in normal
 agricultural operation.

  (d) SELLING OR USING DISABLED HORSE.-- A person commits a summary
offense if he offers for sale or sells any horse, which by reason of debility, disease or
lameness, or for other cause, could not be worked or used without violating the laws
against cruelty to animals, or leads, rides, drives or transports any such horse for any
purpose, except that of conveying the horse to the nearest available appropriate facility
for its humane keeping or destruction or for medical or surgical treatment.

  (e) TRANSPORTING ANIMALS IN CRUEL MANNER.-- A person commits a
summary offense if he carries, or causes, or allows to be carried in or upon any cart, or
other vehicle whatsoever, any animal in a cruel or inhumane manner. The person taking
him into custody may take charge of the animal and of any such vehicle and its contents,
and deposit the same in some safe place of custody, and any necessary expenses which
may be incurred for taking charge of and keeping the same, and sustaining any such
animal, shall be a lien thereon, to be paid before the same can lawfully be recovered, or
the said expenses or any part thereof remaining unpaid may be recovered by the person
incurring the same from the owner of said creature in any action therefor.

  For the purposes of this section, it shall not be deemed cruel or inhumane to transport
live poultry in crates so long as not more than 15 pounds of live poultry are allocated to
each cubic foot of space in the crate.

  (E.1) TRANSPORTING EQUINE ANIMALS IN CRUEL MANNER.--
Notwithstanding any other provision of law, a person commits a summary offense for
each equine animal if the person carries, or causes or allows to be carried, any equine
animal in or upon any conveyance or other vehicle whatsoever with two or more levels
stacked on top of one another. A person who violates this subsection on a second or
subsequent occasion commits a misdemeanor of the third degree for each equine animal
transported.

  (f) HOURS OF LABOR OF ANIMALS.-- A person commits a summary offense if he
leads, drives, rides or works or causes or permits any other person to lead, drive, ride or
work any horse, mare, mule, ox, or any other animal, whether belonging to himself or in
his possession or control, for more than 15 hours in any 24 hour period, or more than 90
hours in any one week.

  Nothing in this subsection contained shall be construed to warrant any persons leading,
driving, riding or walking any animal a less period than 15 hours, when so doing shall in
any way violate the laws against cruelty to animals.
                   National Center for Prosecution of Child Abuse                       226
                         National District Attorney Association
  (g) CRUELTY TO COW TO ENHANCE APPEARANCE OF UDDER.-- A person
commits a summary offense if he kneads or beats or pads the udder of any cow, or
willfully allows it to go unmilked for a period of 24 hours or more, for the purpose of
enhancing the appearance or size of the udder of said cow, or by a muzzle or any other
device prevents its calf, if less than six weeks old, from obtaining nourishment, and
thereby relieving the udder of said cow, for a period of 24 hours.

 (h) SPECIFIC VIOLATIONS; PRIMA FACIE EVIDENCE OF VIOLATION. --

   (1)(i) A person commits a summary offense if the person crops, trims
   or cuts off, or causes or procures to be cropped, trimmed or cut off,
   the whole or part of the ear or ears of a dog.

   (ii) The provisions of this paragraph shall not prevent a
   veterinarian from cropping, trimming or cutting off the whole or part
   of the ear or ears of a dog when the dog is anesthetized and shall
   not prevent any person from causing or procuring the cropping,
   trimming or cutting off of a dog's ear or ears by a veterinarian.

   (iii) The possession by any person of a dog with an ear or ears
   cropped, trimmed or cut off and with the wound or incision site
   resulting therefrom unhealed, or any such dog being found in the
   charge or custody of any person or confined upon the premises owned
   by or under the control of any person, shall be prima facie evidence
   of a violation of this subsection by the person except as provided
   for in this subsection.

   (iv) A person who procures the cropping, trimming or cutting off of
   the whole or part of an ear or ears of a dog shall record the
   procedure. The record shall include the name of the attending
   veterinarian and the date and location at which the procedure was
   performed. The record shall be kept as long as the wound or incision
   site is unhealed and shall be transferred with the dog during that
   period of time.

   (2)(i) A person commits a summary offense if the person debarks a dog
   by cutting, causing or procuring the cutting of its vocal cords or by
   altering, causing or procuring the alteration of any part of its
   resonance chamber.

   (ii) The provisions of this paragraph shall not prevent a
   veterinarian from cutting the vocal cords or otherwise altering the
   resonance chamber of a dog when the dog is anesthetized and shall not
   prevent a person from causing or procuring a debarking procedure by a
   veterinarian.
                   National Center for Prosecution of Child Abuse                     227
                         National District Attorney Association
(iii) The possession by any person of a dog with the vocal cords cut
or the resonance chamber otherwise altered and with the wound or
incision site resulting therefrom unhealed, or any such dog being
found in the charge or custody of any person or confined upon the
premises owned by or under the control of any person, shall be prima
facie evidence of a violation of this paragraph by the person, except
as provided in this paragraph.

(iv) A person who procures the cutting of vocal cords or the
alteration of the resonance chamber of a dog shall record the
procedure. The record shall include the name of the attending
veterinarian and the date and location at which the procedure was
performed. The record shall be kept as long as the wound or incision
site is unhealed and shall be transferred with the dog during that
period of time.

(3)(i) A person commits a summary offense if the person docks, cuts
off, causes or procures the docking or cutting off of the tail of a
dog over five days old.

(ii) The provisions of this paragraph shall not prevent a
veterinarian from docking, cutting off or cropping the whole or part
of the tail of a dog when the dog is at least 12 weeks of age and the
procedure is performed using general anesthesia and shall not prevent
a person from causing or procuring the cutting off or docking of a
tail of a dog by a veterinarian as provided in this paragraph.

(iii) The provisions of this section shall not prevent a veterinarian
from surgically removing, docking, cutting off or cropping the tail
of a dog between five days and 12 weeks of age if, in the
veterinarian's professional judgment, the procedure is medically
necessary for the health and welfare of the dog. If the procedure is
performed, it shall be done in accordance with generally accepted
standards of veterinary practice.

(iv) The possession by any person of a dog with a tail cut off or
docked and with the wound or incision site resulting therefrom
unhealed, or any such dog being found in the charge or custody of any
person or confined upon the premises owned by or under the control of
any person, shall be prima facie evidence of a violation of this
paragraph by the person, except as provided in this paragraph.

(v) A person who procures the cutting off or docking of a tail of a
dog shall record the procedure. The record shall include the name of
the attending veterinarian and the date and location at which the
                National Center for Prosecution of Child Abuse          228
                      National District Attorney Association
procedure was performed. The record shall be kept as long as the
wound or incision site is unhealed and shall be transferred with the
dog during that period of time.

(4)(i) A person commits a summary offense if the person surgically
births or causes or procures a surgical birth.

(ii) The provisions of this section shall not prevent a veterinarian
from surgically birthing a dog when the dog is anesthetized and shall
not prevent any person from causing or procuring a surgical birthing
by a veterinarian.

(iii) The possession by any person of a dog with a wound or incision
site resulting from a surgical birth unhealed, or any such dog being
found in the charge or custody of any person or confined upon the
premises owned by or under the control of any person, shall be prima
facie evidence of a violation of this paragraph by the person, except
as provided in this paragraph.

(iv) A person who procures the surgical birth of a dog shall record
the procedure. The record shall include the name of the attending
veterinarian and the date and location at which the procedure was
performed. The record shall be kept as long as the wound or incision
site is unhealed and shall be transferred with the dog during that
period of time.

(v) This paragraph shall not apply to personnel required to comply
with standards to minimize pain to an animal set forth in section
2143(a)(3) of the Animal Welfare Act (Public Law 89-544, § 2131 et
seq.), trained in accordance with section 2143(d) of the Animal
Welfare Act, who work in a federally registered research facility
required to comply with the Animal Welfare Act under the guidance or
oversight of a veterinarian.

(5)(i) A person commits a summary offense if the person cuts off or
causes or procures the cutting off of the dewclaw of a dog over five
days old.

(ii) The provisions of this paragraph shall not prevent a
veterinarian from cutting the dewclaw and shall not prevent a person
from causing or procuring the procedure by a veterinarian.

(iii) The possession by any person of a dog with the dewclaw cut off
and with the wound or incision site resulting therefrom unhealed, or
any such dog being found in the charge or custody of any person or
confined upon the premises owned by or under the control of any
                National Center for Prosecution of Child Abuse          229
                      National District Attorney Association
   person, shall be prima facie evidence of a violation of this
   paragraph by the person, except as provided in this paragraph.

   (iv) A person who procures the cutting off of the dewclaw of a dog
   shall record the procedure. The record shall include the name of the
   attending veterinarian and the date and location at which the
   procedure was performed. The record shall be kept as long as the
   wound or incision site is unhealed and shall be transferred with the
   dog during that period of time.

 (H.1) ANIMAL FIGHTING. --A person commits a felony of the third degree if he:

 (1) for amusement or gain, causes, allows or permits any animal to
 engage in animal fighting;

 (2) receives compensation for the admission of another person to any
 place kept or used for animal fighting;

 (3) owns, possesses, keeps, trains, promotes, purchases, steals or
 acquires in any manner or knowingly sells any animal for animal
 fighting;

 (4) in any way knowingly encourages, aids or assists therein;

 (5) wagers on the outcome of an animal fight;

 (6) pays for admission to an animal fight or attends an animal fight as
 a spectator; or

 (7) knowingly permits any place under his control or possession to be
 kept or used for animal fighting.

This subsection shall not apply to activity undertaken in a normal agricultural operation.

  (i) POWER TO INITIATE CRIMINAL PROCEEDINGS.-- An agent of any society or
association for the prevention of cruelty to animals, incorporated under the laws of the
Commonwealth, shall have the same powers to initiate criminal proceedings provided for
police officers by the Pennsylvania Rules of Criminal Procedure. An agent of any society
or association for the prevention of cruelty to animals, incorporated under the laws of this
Commonwealth, shall have standing to request any court of competent jurisdiction to
enjoin any violation of this section.

  (j) SEIZURE OF ANIMALS KEPT OR USED FOR ANIMAL FIGHTING.-- Any
police officer or agent of a society or association for the prevention of cruelty to animals
incorporated under the laws of this Commonwealth, shall have power to seize any animal
kept, used, or intended to be used for animal fighting. When the seizure is made, the
                   National Center for Prosecution of Child Abuse                       230
                         National District Attorney Association
animal or animals so seized shall not be deemed absolutely forfeited, but shall be held by
the officer or agent seizing the same until a conviction of some person is first obtained for
a violation of subsection (h.1). The officer or agent making such seizure shall make due
return to the issuing authority, of the number and kind of animals or creatures so seized
by him. Where an animal is thus seized, the police officer or agent is authorized to
provide such care as is reasonably necessary, and where any animal thus seized is found
to be disabled, injured or diseased beyond reasonable hope of recovery, the police officer
or agent is authorized to provide for the humane destruction of the animal. In addition to
any other penalty provided by law, the authority imposing sentence upon a conviction for
any violation of subsection (h.1) shall order the forfeiture or surrender of any abused,
neglected or deprived animal of the defendant to any society or association for the
prevention of cruelty to animals duly incorporated under the laws of this Commonwealth
and shall require that the owner pay the cost of the keeping, care and destruction of the
animal.

  (k) KILLING HOMING PIGEONS.-- A person commits a summary offense if he
shoots, maims or kills any antwerp or homing pigeon, either while on flight or at rest, or
detains or entraps any such pigeon which carries the name of its owner.

  (l) SEARCH WARRANTS.-- Where a violation of this section is alleged, any issuing
authority may, in compliance with the applicable provisions of the Pennsylvania Rules of
Criminal Procedure, issue to any police officer or any agent of any society or association
for the prevention of cruelty to animals duly incorporated under the laws of this
Commonwealth a search warrant authorizing the search of any building or any enclosure
in which any violation of this section is occurring or has occurred, and authorizing the
seizure of evidence of the violation including, but not limited to, the animals which were
the subject of the violation. Where an animal thus seized is found to be neglected or
starving, the police officer or agent is authorized to provide such care as is reasonably
necessary, and where any animal thus seized is found to be disabled, injured or diseased
beyond reasonable hope of recovery, the police officer or agent is authorized to provide
for the humane destruction of the animal. The cost of the keeping, care and destruction of
the animal shall be paid by the owner thereof and claims for the costs shall constitute a
lien upon the animal. In addition to any other penalty provided by law, the authority
imposing sentence upon a conviction for any violation of this section may require that the
owner pay the cost of the keeping, care and destruction of the animal. No search warrant
shall be issued based upon an alleged violation of this section which authorizes any
police officer or agent or other person to enter upon or search premises where scientific
research work is being conducted by, or under the supervision of, graduates of duly
accredited scientific schools or where biological products are being produced for the care
or prevention of disease.

  (m) FORFEITURE.-- In addition to any other penalty provided by law, the authority
imposing sentence upon a conviction for any violation of this section may order the
forfeiture or surrender of any abused, neglected or deprived animal of the defendant to
any society or association for the prevention of cruelty to animals duly incorporated
under the laws of this Commonwealth.
                   National Center for Prosecution of Child Abuse                        231
                         National District Attorney Association
  (M.1) FINE FOR SUMMARY OFFENSE.-- In addition to any other penalty provided
by law, a person convicted of a summary offense under this section shall pay a fine of not
less than $ 50 nor more than $ 750 or to imprisonment for not more than 90 days, or both.

  (M.2) PROHIBITION OF OWNERSHIP.-- Notwithstanding any provision of law and
in addition to any other penalty provided by law, the authority imposing sentence upon a
conviction for any violation of this section may order the prohibition or limitation of the
defendant's ownership, possession, control or custody of animals or employment with the
care of animals for a period of time not to exceed the statutory maximum term of
imprisonment applicable to the offense for which sentence is being imposed.

  (n) SKINNING OF AND SELLING OR BUYING PELTS OF DOGS AND CATS.-- A
person commits a summary offense if he skins a dog or cat or offers for sale or exchange
or offers to buy or exchange the pelt or pelts of any dog or cat.

  (o) REPRESENTATION OF HUMANE SOCIETY BY ATTORNEY.-- Upon prior
authorization and approval by the district attorney of the county in which the proceeding
is held, an association or agent may be represented in any proceeding under this section
by any attorney admitted to practice before the Supreme Court of Pennsylvania and in
good standing. Attorney's fees shall be borne by the humane society or association which
is represented.

  (O.1) CONSTRUCTION OF SECTION.-- The provisions of this section shall not
supersede the act of December 7, 1982 (P.L. 784, No. 225), known as the Dog Law.

  (p) APPLICABILITY OF SECTION.-- This section shall not apply to, interfere with or
hinder any activity which is authorized or permitted pursuant to the act of June 3, 1937
(P.L.1225, No. 316), known as The Game Law or Title 34 (relating to game).

  (q) DEFINITIONS.-- As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:

 "ANIMAL FIGHTING." Fighting or baiting any bull, bear, dog, cock or other creature.

  "AUDIBLY IMPAIRED." The inability to hear air conduction thresholds at an average
of 40 decibels or greater in the better ear.

  "BLIND." Having a visual acuity of 20/200 or less in the better eye with correction or
having a limitation of the field of vision such that the widest diameter of the visual field
subtends an angular distance not greater than 20 degrees.

  "CONVEYANCE." A truck, tractor, trailer or semitrailer, or any combination of these,
propelled or drawn by mechanical power.

 "DEAF." Totally impaired hearing or hearing with or without amplification which is so
                    National Center for Prosecution of Child Abuse                        232
                          National District Attorney Association
seriously impaired that the primary means of receiving spoken language is through other
sensory input, including, but not limited to, lip reading, sign language, finger spelling or
reading.

  "DOMESTIC ANIMAL." Any dog, cat, equine animal, bovine animal, sheep, goat or
porcine animal.

  "DOMESTIC FOWL." Any avis raised for food, hobby or sport.

  "EQUINE ANIMAL." Any member of the Equidae family, which includes horses,
asses, mules, ponies and zebras.

  "NORMAL AGRICULTURAL OPERATION." Normal activities, practices and
procedures that farmers adopt, use or engage in year after year in the production and
preparation for market of poultry, livestock and their products in the production and
harvesting of agricultural, agronomic, horticultural, silvicultural and aquicultural crops
and commodities.

  "PHYSICALLY LIMITED." Having limited ambulation, including, but not limited to,
a temporary or permanent impairment or condition that causes an individual to use a
wheelchair or walk with difficulty or insecurity, affects sight or hearing to the extent that
an individual is insecure or exposed to danger, causes faulty coordination or reduces
mobility, flexibility, coordination or perceptiveness.

  "ZOO ANIMAL." Any member of the class of mammalia, aves, amphibia or reptilia
which is kept in a confined area by a public body or private individual for purposes of
observation by the general public.



RHODE ISLAND

R.I. GEN. LAWS § 4-1-1 (2010). Definitions -- Responsibility for agents
and employees
(a) In this chapter and in §§ 4-4-9, 4-4-10, and 23-19-8:

  (1) "Animal" and "animals" means every living creature except a human being;

  (2) "Licensed graduate veterinarian" or "veterinarian" means a person licensed to
engage in the practice of veterinary medicine, surgery, and dentistry in this state who is a
graduate of an accredited veterinary medical, surgical, and dental school or college of a
standard recognized by the Rhode Island veterinary medical association; and

  (3) "Owner", "person", and "whoever" means corporations as well as individuals.


                     National Center for Prosecution of Child Abuse                       233
                           National District Attorney Association
  (4) "Guardian" shall mean a person(s) having the same rights and responsibilities of an
owner, and both terms shall be used interchangeably. A guardian shall also mean a person
who possesses, has title to or an interest in, harbors or has control, custody or possession
of an animal and who is responsible for an animal's safety and well-being.

(b) The knowledge and acts of agents of and persons employed by corporations in regard
to animals transported, owned or employed by or in the custody of that corporation are
held to be the acts and knowledge of that corporation.

R.I. GEN. LAWS § 4-1-2 (2010). Overwork, mistreatment, or failure to
feed animals -- Shelter defined
(a) Whoever overdrives, overloads, drives when overloaded, overworks, tortures,
torments, deprives of necessary sustenance, cruelly beats, mutilates or cruelly kills, or
causes or procures to be so overdriven, overloaded, driven when overloaded, overworked,
tortured, tormented, deprived of necessary sustenance, cruelly beaten, mutilated or
cruelly killed, any animal, and whoever, having the charge or custody of any animal,
either as owner or otherwise, inflicts cruelty upon that animal, or willfully fails to provide
that animal with proper food, drink, shelter or protection from the weather, shall, for each
offense, be imprisoned not exceeding eleven (11) months, or be fined not less than fifty
dollars ($ 50.00) nor exceeding five hundred dollars ($ 500), or both.

(b) Every owner, possessor, or person having charge of any animal may upon conviction
of a violation of this section be ordered to forfeit all rights to ownership of the animal to
the animal control officer of the city or town in which the offense occurred or to a
humane society which owns and operates the shelter which provided the subject animal
shelter subsequent to any confiscation of said animal pursuant to this section.

(c) Shelters means a structure used to house any animal which will provide sufficient
protection from inclement elements for the health and well being of the animal.

R.I. GEN. LAWS § 4-1-3 (2010). Unnecessary cruelty
(a) Every owner, possessor, or person having the charge or custody of any animal, who
cruelly drives or works that animal when unfit for labor, or cruelly abandons that animal,
or who carries that animal, or causes that animal to be carried, in or upon any vehicle or
otherwise in a cruel or inhuman manner, or willfully authorizes or permits that animal to
be subjected to unnecessary torture, suffering or cruelty of any kind, or who places or
causes to have placed on any animal any substance that may produce irritation or pain, or
that is declared a hazardous substance by the U.S. food and drug administration or by the
state department of health, shall be punished for each offense in the manner provided in §
4-1-2.

(b) The substances proscribed by subsection (a) do not include any drug having curative
and therapeutic effect for disease in animals and which is prepared and intended for
veterinary use.


                    National Center for Prosecution of Child Abuse                        234
                          National District Attorney Association
R.I. GEN. LAWS § 4-1-4 (2010). Abandonment of infirm animals
If any maimed, sick, infirm, or disabled animal is abandoned to die, by any owner or
person having charge of that animal, that person shall, for each offense, be punished in
the manner provided in § 4-1-2.

R.I. GEN. LAWS § 4-1-5 (2010). Malicious injury to or killing of animals
(a) Every person who cuts out the tongue or otherwise dismembers any animal,
maliciously, or maliciously kills or wounds any animal, or maliciously administers
poison to or exposes any poisonous substance with intent that the poison shall be taken or
swallowed by any animal, or who maliciously exposes poisoned meat with intent that the
poison meat is taken or swallowed by any wild animal, shall be imprisoned not exceeding
two (2) years or be fined not exceeding one thousand dollars ($ 1,000), and shall, in the
case of any animal of another, be liable to the owner of this animal for triple damages, to
be recovered by civil action. In addition, any person convicted under this section is
required to serve ten (10) hours of community restitution. The community restitution
penalty shall not be suspended or deferred and is mandatory.

(b) This section shall not apply to licensed hunters during hunting season or a licensed
business killing animals for human consumption.

R.I. GEN. LAWS § 4-1-9 (2010). Animal fighting
Any person who causes or encourages the fighting of any bird, dog, or animal with any
other bird, dog, or animal, or keeps or maintains any place for the fighting of birds, dogs,
or animals, or who knowingly permits, or suffers, any fight to be had on his or her
premises or on premises under his or her control, or makes any bet or lays any wager of
any kind upon the result of that fight, shall be fined not exceeding one thousand dollars ($
1,000) or be imprisoned not exceeding two (2) years, or both, for the first offense, and for
any subsequent offense shall be fined not less than one thousand dollars ($ 1,000) nor
more than five thousand dollars ($ 5,000) or be imprisoned not exceeding two (2) years,
or both.

R.I. GEN. LAWS § 4-1-10 (2010). Possession or training of fighting
animals
Whoever owns, possesses, keeps or trains any bird, dog, or other animal, with the intent
that that bird, dog, or animal engages in an exhibition of fighting, shall be fined not
exceeding one thousand dollars ($ 1,000) and/or be imprisoned not exceeding two (2)
years for the first offense, and for any subsequent offense shall be fined not less than one
thousand dollars ($ 1,000) nor more than five thousand dollars ($ 5,000) or be imprisoned
not exceeding two (2) years, or both.

R.I. GEN. LAWS § 4-1-11 (2010). Attendance at bird or animal fight
Whoever is present at any place, building, or tenement where preparations are being
made for an exhibition of the fighting of birds or animals, with the intent being present at
that exhibition, or is present at that exhibition, shall be fined not exceeding one thousand
five hundred dollars ($ 1,500) or imprisoned for not more than two (2) years, or both.
                   National Center for Prosecution of Child Abuse                        235
                         National District Attorney Association
R.I. GEN. LAWS § 4-1-12 (2010). Entry of premises where bird or animal
fights are conducted -- Arrest -- Seizure of birds or animals
Any sheriff, deputy sheriff, town sergeant, constable, police officer or any officer
authorized to serve criminal process may enter any place, building, or tenement anywhere
within the state, where there is an exhibition of the fighting of birds or animals, or where
preparations are being made for that exhibition, and without a warrant, arrest all persons
present, and take possession of the birds or animals engaged in fighting, and all birds or
animals found there and intended to be used or engaged in fighting. Those persons shall
be kept in custody in jail or other convenient place not more than twenty-four (24) hours,
Sundays and legal holidays excepted, at or before the expiration of which time those
persons shall be brought before a district court or the superior court and proceeded
against according to law.

R.I. GEN. LAWS § 4-1-26 (2010). Abandonment of animals
If any person having possession and/or control of an animal abandons that animal on a
street, road, highway or in a public place or on private property or from a motor vehicle,
or in a dwelling or any other building or structure without providing for the care of that
animal, he or she shall be punished in the manner provided in § 4-1-2 for each such
offense. If this abandonment results in the death of the animal, the person shall be
punished in the manner provided in § 4-1-5. Abandonment means the relinquishment of all
right, title, claim, or possession of the animal with the intention of not reclaiming it or
resuming its ownership or possession.

R.I. GEN. LAWS § 4-1-28 (2010). Greasy pig contests prohibited
It is unlawful for any person, as defined in § 4-1-1, to conduct any greasy pig contest
within the state. Any person violating this section is subject to the provisions of § 4-1-2.

R.I. GEN. LAWS § 4-1-36 (2010). Psychiatric counseling
Any person found guilty of violating any of the provisions of this chapter may, in
addition to any penalties imposed, be evaluated to determine the need for psychiatric or
psychological counseling, and, if determined appropriate by the court, to receive
psychiatric or psychological counseling at his or her own expense.

R.I. GEN. LAWS § 11-10-1 (2010). Abominable and detestable crime
against nature
Every person who shall be convicted of the abominable and detestable crime against
nature, with any beast, shall be imprisoned not exceeding twenty (20) years nor less than
seven (7) years.



SOUTH CAROLINA

                    National Center for Prosecution of Child Abuse                         236
                          National District Attorney Association
S.C. CODE ANN. § 47-1-10 (2009). Definitions. [Cruelty to Animals]
As used in this chapter:

(1) "Animal" means a living vertebrate creature except a homo sapien.

(2) "Sustenance" means adequate food provided at suitable intervals of quantities of
wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable
level of nutrition to allow for proper growth and weight and adequate water provided
with constant access to a supply of clean, fresh, and potable water provided in a suitable
manner for the species.

(3) "Shelter" means shelter that reasonably may be expected to protect the animal from
physical suffering or impairment of health due to exposure to the elements or adverse
weather.

S.C. CODE ANN. § 47-1-40 (2009). Ill-treatment of animals generally.
(A) Whoever knowingly or intentionally overloads, overdrives, overworks, ill-treats any
animal, deprives any animal of necessary sustenance or shelter, inflicts unnecessary pain
or suffering upon any animal, or by omission or commission knowingly or intentionally
causes these things to be done, for every offense is guilty of a misdemeanor and, upon
conviction, must be punished by imprisonment not exceeding sixty days or by a fine of
not less than one hundred dollars nor more than five hundred dollars, or both, for a first
offense; by imprisonment not exceeding ninety days or by a fine not exceeding eight
hundred dollars, or both, for a second offense; or by imprisonment not exceeding two
years or by a fine not exceeding two thousand dollars, or both, for a third or subsequent
offense. Notwithstanding any other provision of law, a first offense under this subsection
shall be tried in magistrate's or municipal court.

(B) Whoever tortures, torments, needlessly mutilates, cruelly kills, or inflicts excessive or
repeated unnecessary pain or suffering upon any animal or by omission or commission
causes the acts to be done for any of the offenses is guilty of a felony and, upon
conviction, must be punished by imprisonment of not less than one hundred eighty days
and not to exceed five years and by a fine of five thousand dollars.

(C) This section does not apply to fowl, accepted animal husbandry practices of farm
operations and the training of animals, the practice of veterinary medicine, agricultural
practices, forestry and silvacultural practices, wildlife management practices, or activity
authorized by Title 50, including an activity authorized by the South Carolina
Department of Natural Resources or an exercise designed for training dogs for hunting, if
repeated contact with a dog or dogs and another animal does not occur during this
training exercise.

S.C. CODE ANN. § 47-1-50 (2009). Cruel work; carriage in vehicles;
penalties.
(A) An owner, a possessor, or a person having the charge or custody of an animal may

                   National Center for Prosecution of Child Abuse                        237
                         National District Attorney Association
not:

(1) cruelly drive or work it when unfit for labor;

(2) carry it, or cause it to be carried, in or upon a vehicle or otherwise in an unnecessarily
cruel or inhumane manner.

(B) A person who violates this section is guilty of a misdemeanor and, upon conviction,
must be punished for each offense in the manner prescribed in Section 47-1-40(A).

S.C. CODE ANN. § 47-1-70 (2009). Abandonment of animals; penalties;
hunting dog exception.
(A) A person may not abandon an animal. As used in this section "abandonment" is
defined as deserting, forsaking, or intending to give up absolutely an animal without
securing another owner or without providing the necessities of life. "Necessities of life"
includes:

(1) adequate water which means a constant access to a supply of clean, fresh, and potable
water provided in a suitable manner for the species;

(2) adequate food which means provision at suitable intervals of quantities of wholesome
foodstuff suitable for the species and age, sufficient to maintain a reasonable level of
nutrition to allow for proper growth and weight;

(3) adequate shelter which means shelter that reasonably may be expected to protect the
animal from physical suffering or impairment of health due to exposure to the elements
or adverse weather.

(B) A person who violates this section is guilty of a misdemeanor and, upon conviction,
must be fined not less than two hundred nor more than five hundred dollars or imprisoned
not more than thirty days, or both. Offenses under this section must be tried in the
magistrate's or municipal court.

(C) A hunting dog that is positively identifiable in accordance with Section 47-3-510 or
Section 47-3-530 is exempt from this section.

S.C. CODE ANN. § 47-1-75 (2009). Immunity from civil and criminal
liability.
Any person, including a person licensed to practice veterinary medicine, or an animal
control officer or agent of the South Carolina Society for the Prevention of Cruelty to
Animals or any society incorporated for that purpose, who in good faith and without
compensation for services provided, acting without malice, recklessness, or gross
negligence, renders emergency care or treatment to a domestic animal which is
abandoned, ill, injured, or in distress related to an accident or disaster shall not be liable
or subject to any civil or criminal liability for any injuries or harm to such animal

                    National Center for Prosecution of Child Abuse                          238
                          National District Attorney Association
resulting from the rendering of such care or treatment, or any act or failure to act to
provide or arrange for further medical treatment or care for such animal.

S.C. CODE ANN. § 16-27-20 (2009). Definitions [Animal Fighting and
Baiting Act]
As used in this chapter:

(a) "Animal" means any live vertebrate creature, domestic or wild.

(b) "Fighting" means an attack with violence by an animal against another animal or a
human.

(c) "Baiting" means to provoke or to harass an animal with one or more animals with the
purpose of training an animal for, or to cause an animal to engage in, fights with or
among other animals or between animals and humans.

(d) "Person" means every natural person or individual and any firm, partnership,
association, or corporation.

S.C. CODE ANN. § 16-27-30 (2009). Acts or omissions constituting
felonies; penalties.
Any person who:

(a) owns an animal for the purpose of fighting or baiting;

(b) is a party to or causes any fighting or baiting of any animal;

(c) purchases, rents, leases, or otherwise acquires or obtains the use of any structure,
facility, or location for the purpose of fighting or baiting any animal; or

(d) knowingly allows or permits or makes available any structure, facility, or location to
be used for the purpose of fighting or baiting any animal is guilty of a felony and upon
conviction must be punished by a fine of five thousand dollars or imprisoned for five
years, or both.

S.C. CODE ANN. § 16-27-40 (2009). Acts constituting misdemeanors upon
conviction of first or second offense and constituting felonies upon
conviction of third or subsequent offense; penalties.
Any person who:

(a) is present at any structure, facility, or location where preparations are being made for
the purpose of fighting or baiting any animal with knowledge that those preparations are
being made, or

(b) is present at any structure, facility, or location with knowledge that fighting or baiting
                    National Center for Prosecution of Child Abuse                         239
                          National District Attorney Association
of any animal is taking place or is about to take place there is guilty of a misdemeanor
and upon conviction for a first offense must be punished by a fine of five hundred dollars
or imprisonment for six months, or both, and for a second offense by a fine of one
thousand dollars or imprisonment for one year, or both. Any person convicted of a third
or subsequent offense is guilty of a felony and must be punished by a fine of five
thousand dollars or imprisonment for five years, or both.

S.C. CODE ANN. § 16-27-50 (2009). Applicability of cruelty provisions;
presumption of cruelty.
(A) The provisions of Section 47-1-150 apply to this chapter.

(B) For purposes of a hearing to determine whether the owner is able to provide
adequately for the animal and is fit to have custody of the animal, any animal found to be
owned, trained, possessed, purchased, sold, transported, or bred in violation of this
chapter must be considered cruelly treated and the owner must be deemed unfit.




SOUTH DAKOTA

S.D. CODIFIED LAWS § 40-1-1 (2009).
Terms used in chapters 40-1 and 40-2, mean:

  (1) "Abandonment," giving up with the intent of never again regaining one's interests
in, or rights to, an animal other than placing ownership with a responsible party;

 (2) "Animal," any mammal, bird, reptile, amphibian or fish, except humans;

 (3) "Board," the South Dakota Animal Industry Board;

 (4) "Captive wild animal," any wild animal held in man-made confinement or
physically altered to limit movement and facilitate capture;

  (5) "Domestic animal," any animal that through long association with man, has been
bred to a degree which has resulted in genetic changes affecting the temperament, color,
conformation or other attributes of the species to an extent that makes it unique and
different from wild individuals of its kind;

  (6) "Exotic animal," any animal not occurring naturally in the United States either
currently or historically;

 (7) "Impoundment," taking physical control and custody of an animal;

 (8) "Non-domestic animal," any animal that is not domestic;

                    National Center for Prosecution of Child Abuse                      240
                          National District Attorney Association
  (9) "Other livestock," any agricultural or commercial animal owned, bred or raised for
profit, but not including dogs, cats, rabbits or other household pets;

 (10) "Wild animal," any animal not in captivity, other than a domestic animal; and

 (11) "Zoological animal," any animal in any zoo or intended to be used in a zoo.

S.D. CODIFIED LAWS § 40-1-2.3 (2009).
  For the purposes of this chapter and chapter 40-2, the neglect of an animal is the failure
to provide food, water, protection from the elements, adequate sanitation, adequate
facilities or care generally considered to be standard and accepted for an animal's health
and well-being consistent with the species, breed, physical condition and type of animal.

S.D. CODIFIED LAWS § 40-1-2.4 (2009).
For the purposes of this chapter and chapter 40-2, the inhumane treatment of an animal is
any act of mistreatment, torture, cruelty, neglect, abandonment, mutilation or inhumane
slaughter of an animal that is not consistent with generally accepted training, use and
husbandry procedures for the species, breed, physical condition and type of animal.

S.D. CODIFIED LAWS § 40-1-2.5 (2009).
For the purposes of this chapter and chapter 40-2, a dangerous animal is any animal that,
by itself or by environmental circumstances, at the determination of the board, any agent
or officer of a humane society or any peace officer after investigation, is a threat to the
physical well-being of other owned animals or humans.

S.D. CODIFIED LAWS § 40-1-9 (2009). Animal fighting -- Penalty
No person, for amusement purposes or for wager, may cause any animal to fight or injure
another.

  No person may knowingly permit any animal fighting or injuring on any premises
under his charge or control.

 It is a Class 1 misdemeanor to be present at any animal fighting as a spectator.

S.D. CODIFIED LAWS § 40-1-10 (2009). Having or training animal for
fighting prohibited
No person may have or train any animal with the intent that it be used in an exhibition of
fighting.

S.D. CODIFIED LAWS § 40-1-10.1 (2009). Dog fighting -- Penalty
Notwithstanding §§ 40-1-9 and 40-1-10, no person may:

  (1) Own, possess, keep or train any dog with the intent to engage the dog in an
exhibition of fighting with another dog;

                   National Center for Prosecution of Child Abuse                       241
                         National District Attorney Association
  (2) For amusement or gain cause any dog to fight with another dog or cause any dog to
injure another dog; or

  (3) Permit the activity prohibited by this section or § 40-1-11.1 to be done on any
premises under his charge or control, or aid or abet any activity prohibited by this section
or § 40-1-11.1.

 A violation of this section or § 40-1-11.1 is a Class 6 felony.

S.D. CODIFIED LAWS § 40-1-16 (2009).
Nothing in this chapter may be construed to interfere with any properly conducted
scientific experiments or investigations, which experiments or investigations are
performed by personnel following guidelines established by the National Institute of
Health and the United States Department of Agriculture. Any experiments or scientific
investigation and facilities used under this section shall be open to inspection by the
board.

S.D. CODIFIED LAWS § 40-1-17 (2009).
The acts and conduct of persons who are lawfully engaged in any of the activities
authorized by Title 41 or laws for the destruction or control of certain animals known to
be dangerous or injurious to life, limb, or property, and persons who properly kill any
animal used for food and sport hunting, trapping and fishing as authorized by the South
Dakota Department of Game, Fish and Parks, are exempt from the provisions of this
chapter.

S.D. CODIFIED LAWS § 40-1-20 (2009). Poisoning animal of another --
Penalty -- Exceptions
Except as specifically provided for in this chapter, no person may intentionally
administer poison to any animal which belongs to another, nor intentionally expose any
poisonous substance so that it may be taken by an animal which belongs to another. A
violation of this section is a Class 1 misdemeanor. This section may not be construed to
prevent euthanasia by a licensed veterinarian with proper authority from the animal's
owner nor may it prevent acts of euthanasia authorized by this chapter. This section may
not be construed to prevent animal control activities conducted by municipalities or
counties, separately or through contract with a humane society, in accordance with
chapters 36-12 and 34-20B.

S.D. CODIFIED LAWS § 40-1-21 (2009). Killing or injuring animal of
another -- Penalty -- Exceptions
No person may intentionally kill any animal of any age or value, the property of another,
nor intentionally injure any such animal. A violation of this section is a Class 1
misdemeanor. This section may not be construed to prevent euthanasia by a licensed
veterinarian with proper authority from the animal's owner nor may it prevent acts of
euthanasia authorized by this chapter. This section may not be construed to prohibit
euthanasia conducted by the municipality or under a municipality's animal control
                   National Center for Prosecution of Child Abuse                       242
                         National District Attorney Association
activities. This section may not be construed to prohibit activities conducted under
chapter 40-34.

S.D. CODIFIED LAWS § 40-1-26 (2009).
No person may impound or permit any animal to be in any building, enclosure, lane,
street, square or lot without proper care and attention for more than twelve consecutive
hours. This section does not apply to cattle, horses, sheep, swine or other livestock.

S.D. CODIFIED LAWS § 40-1-27 (2009). Inhumane treatment -- Penalty
No person owning or responsible for the care of an animal may inhumanely treat such
animal. A violation of this section is a Class 1 misdemeanor.




TENNESSEE

TENN. CODE ANN. § 39-14-201 (2010). Definitions for animal offenses.
As used in this part, unless the context otherwise requires:

  (1) "Animal" means a domesticated living creature or a wild creature previously
captured;

  (2) "Livestock" means all equine as well as animals which are being raised primarily
for use as food or fiber for human utilization or consumption including, but not limited
to, cattle, sheep, swine, goats, and poultry;

  (3) "Non-livestock animal" means a pet normally maintained in or near the household
or households of its owner or owners, other domesticated animal, previously captured
wildlife, an exotic animal, or any other pet, including but not limited to, pet rabbits, a pet
chick, duck, or pot bellied pig that is not classified as "livestock" pursuant to this part;
and

  (4) "Torture" means every act, omission, or neglect whereby unreasonable physical
pain, suffering, or death is caused or permitted, but nothing in this part shall be construed
as prohibiting the shooting of birds or game for the purpose of human food or the use of
animate targets by incorporated gun clubs.

TENN. CODE ANN. § 39-14-202 (2010). Cruelty to animals.
(a) A person commits an offense who intentionally or knowingly:

 (1) Tortures, maims or grossly overworks an animal;

  (2) Fails unreasonably to provide necessary food, water, care or shelter for an animal in
the person's custody;
                   National Center for Prosecution of Child Abuse                      243
                          National District Attorney Association
 (3) Abandons unreasonably an animal in the person's custody;

 (4) Transports or confines an animal in a cruel manner; or

  (5) Inflicts burns, cuts, lacerations, or other injuries or pain, by any method, including
blistering compounds, to the legs or hooves of horses in order to make them sore for any
purpose including, but not limited to, competition in horse shows and similar events.

(b) A person commits an offense who knowingly ties, tethers, or restrains a dog in a
manner that results in the dog suffering bodily injury as defined in § 39-11-106.

(c) It is a defense to prosecution under this section that the person was engaged in
accepted veterinary practices, medical treatment by the owner or with the owner's
consent, or bona fide experimentation for scientific research.

(d) Whenever any person is taken into custody by any officer for violation of subdivision
(a)(4), the officer may take charge of the vehicle or conveyance, and its contents, used by
the person to transport the animal. The officer shall deposit these items in a safe place for
custody. Any necessary expense incurred for taking charge of and sustaining the same
shall be a lien thereon, to be paid before the same can lawfully be recovered; or the
expenses, or any part thereof, remaining unpaid may be recovered by the person incurring
the same of the owners of the animal in an action therefor.

(e) In addition to the penalty imposed in subsection (g), the court making the sentencing
determination for a person convicted under this section shall order the person convicted
to surrender custody and forfeit the animal or animals whose treatment was the basis of
the conviction. Custody shall be given to a humane society incorporated under the laws
of this state. The court may prohibit the person convicted from having custody of other
animals for any period of time the court determines to be reasonable, or impose any other
reasonable restrictions on the person's custody of animals as necessary for the protection
of the animals.

(f) (1) Nothing in this section shall be construed as prohibiting the owner of a farm
animal or someone acting with the consent of the owner of that animal from engaging in
usual and customary practices which are accepted by colleges of agriculture or veterinary
medicine with respect to that animal.

  (2) It is an offense for a person other than a law enforcement officer acting with
probable cause to knowingly interfere with the performance of any agricultural practices
permitted by subdivision (f)(1).

 (3) An offense under subdivision (f)(2) is a Class B misdemeanor.

(g) (1) Cruelty to animals is a Class A misdemeanor.

                   National Center for Prosecution of Child Abuse                        244
                         National District Attorney Association
  (2) A second or subsequent conviction for cruelty to animals is a Class E felony.


TENN. CODE ANN. § 39-14-203 (2010). Cock and animal fighting.
(a) It is unlawful for any person to:

  (1) Own, possess, keep, use or train any bull, bear, dog, cock, swine or other animal, for
the purpose of fighting, baiting or injuring another such animal, for amusement, sport or
gain;

  (2) Cause, for amusement, sport or gain, any animal referenced in subdivision (a)(1) to
fight, bait or injure another animal, or each other;

  (3) Permit any acts stated in subdivisions (a)(1) and (2) to be done on any premises
under the person's charge or control, or aid or abet those acts; or

  (4) Be knowingly present, as a spectator, at any place or building where preparations
are being made for an exhibition for the fighting, baiting or injuring of any animal, with
the intent to be present at the exhibition, fighting, baiting or injuring.

(b) It is the legislative intent that the provisions of this section shall not apply to the
training or use of hunting dogs for sport or to the training or use of dogs for law
enforcement purposes.

(c) (1) Except for any offense involving a cock, an offense under subdivisions (a)(1)-(3)
is a Class E felony.

 (2) An offense involving a cock under subdivisions (a)(1)-(3) is a Class A
misdemeanor.

(d) (1) An offense under subdivision (a)(4) is a Class B misdemeanor if the person is a
spectator at a dog fight.

  (2) Any other violation of subdivision (a)(4) is a Class C misdemeanor.

(e) It is not an offense to own, possess or keep cocks, or aid or abet the ownership,
possession or keeping of cocks, for the sole purpose of selling or transporting cocks to a
location in which possession or keeping of cocks is legal.

TENN. CODE ANN. § 39-14-205 (2010). Intentional killing of animal.
(a) (1) (A) It is an offense to knowingly and unlawfully kill the animal of another
without the owner's effective consent.

    (B) A violation of subdivision (a)(1)(A) is theft of property, graded according to the
value of the animal, and punished in accordance with § 39-14-105.
                   National Center for Prosecution of Child Abuse                        245
                          National District Attorney Association
  (2) In determining the value of a police dog, fire dog, search and rescue dog, service
animal or police horse under § 39-14-105, the court shall consider the value of the police
dog, fire dog, search and rescue dog, service animal or police horse as both the cost of the
animal and any specialized training the animal received.

(b) A person is justified in killing the animal of another if the person acted under a
reasonable belief that the animal was creating an imminent danger of death or serious
bodily injury to that person or another or an imminent danger of death to an animal
owned by that person. A person is not justified in killing the animal of another if at the
time of the killing the person is trespassing upon the property of the owner of the animal.
The justification for killing the animal of another authorized by this subsection (b) shall
not apply to a person who, while engaging in or attempting to escape from criminal
conduct, kills a police dog that is acting in its official capacity. In that case the provisions
of subsection (a) shall apply to the person.

TENN. CODE ANN. § 39-14-212 (2010). Aggravated cruelty to animals --
Definitions -- Construction -- Penalty.
(a) A person commits aggravated cruelty to animals when, with aggravated cruelty and
with no justifiable purpose, the person intentionally kills or intentionally causes serious
physical injury to a companion animal.

(b) For purposes of this section:

  (1) "Aggravated cruelty" means conduct which is done or carried out in a depraved and
sadistic manner and which tortures or maims an animal, including the failure to provide
food and water to a companion animal resulting in a substantial risk of death or death;

  (2) "Companion animal" means any non-livestock animal as defined in § 39-14-201(3);

  (3) "Elderly" means any person sixty-five (65) years of age or older; and

  (4) "Minor" means any person under eighteen (18) years of age.

(c) The provisions of subsection (a) are not to be construed to prohibit or interfere with
the following endeavors:

  (1) The provisions of this section are not to be construed to change, modify, or amend
any provision of title 70, involving fish and wildlife;

  (2) The provisions of this section do not apply to activities or conduct that are
prohibited by § 39-14-203;

  (3) The provisions of this section do not apply to equine animals or to animals defined
as livestock by the provisions of § 39-14-201;

                    National Center for Prosecution of Child Abuse                          246
                          National District Attorney Association
 (4) Dispatching an animal in any manner absent of aggravated cruelty;

  (5) Engaging in lawful hunting, trapping, or fishing activities, including activities
commonly associated with the hunting of small game as defined in § 70-1-101(a)(34);

 (6) Dispatching rabid or diseased animals;

 (7) Dispatching animals posing a clear and immediate threat to human safety;

 (8) Performing or conducting bona fide scientific tests, experiments or investigations
within or for a bona fide research laboratory, facility or institution;

 (9) Performing accepted veterinary medical practices or treatments;

 (10) Dispatching animals in accordance with § 44-17-403(e);

  (11) Engaging, with the consent of the owner of a farm animal, in usual and customary
practices which are accepted by colleges of agriculture or veterinary medicine with
respect to that animal;

 (12) Dispatching wild or abandoned animals on a farm or residential real property; or

 (13) Applying methods and equipment used to train animals.

(d) Aggravated cruelty to animals is a Class E felony.

(e) In addition to the penalty imposed by subsection (d), the sentencing court may order
the defendant to surrender custody and forfeit all companion animals as defined in
subdivision (b)(2), and may award custody of the animals to the agency presenting the
case. The court may prohibit the defendant from having custody of other animals for any
period of time the court determines to be reasonable, or impose any other reasonable
restrictions on the person's custody of animals as is necessary for the protection of the
animals.

(f) In addition to the penalty imposed by subsection (d), the court may require the
defendant to undergo psychological evaluation and counseling, the cost to be borne by
the defendant. If the defendant is indigent, the court may, where practicable, direct the
defendant to locate and enroll in a counseling or treatment program with an appropriate
agency.

(g) If a defendant convicted of a violation of this section resides in a household with
minor children or elderly individuals, the court may, within fifteen (15) days, send
notification of the conviction to the appropriate protective agencies.

(h) In addition to the penalty imposed by subsection (d), the defendant may be held liable
to the impounding officer or agency for all costs of impoundment from the time of
                    National Center for Prosecution of Child Abuse                        247
                          National District Attorney Association
seizure to the time of proper disposition of the case.

(i) (1) In addition to the penalty imposed by subsection (d), the defendant may be held
liable to the owner of the animal for damages.

  (2) If an unlawful act resulted in the death or permanent disability of a person's guide
dog, then the value of the guide dog shall include, but shall not necessarily be limited to,
both the cost of the guide dog as well as the cost of any specialized training the guide dog
received.

(j) If a juvenile is found to be within the court's jurisdiction, for conduct that, if
committed by an adult, would be a criminal violation involving cruelty to animals or
would be a criminal violation involving arson, then the court may order that the juvenile
be evaluated to determine the need for psychiatric or psychological treatment. If the court
determines that psychiatric or psychological treatment is appropriate for that juvenile,
then the court may order that treatment.

(k) This section does not preclude the court from entering any other order of disposition
allowed under this chapter.

TENN. CODE ANN. § 39-14-214 (2010). Criminal offenses against
animals.
(a) A person commits an offense who knowingly:

 (1) Engages in any sexual activity with an animal;

  (2) Causes, aids, or abets another person to engage in any sexual activity with an
animal;

  (3) Permits any sexual activity with an animal to be conducted on any premises under
the person's charge or control;

  (4) Engages in, organizes, promotes, conducts, advertises, aids, abets, participates in as
an observer, or performs any service in the furtherance of an act involving any sexual
activity with an animal for a commercial or recreational purpose; or

  (5) Photographs or films, for purposes of sexual gratification, a person engaged in a
sexual activity with an animal.

(b) A violation of this section is a Class E felony.

(c) In addition to the penalty imposed in subsection (b), the court may order that the
convicted person do any of the following:

 (1) Not harbor or own animals or reside in any household where animals are present;

                    National Center for Prosecution of Child Abuse                        248
                          National District Attorney Association
 (2) Participate in appropriate counseling at the defendant's expense; or

  (3) Reimburse the animal shelter or humane society for any reasonable costs incurred
for the care and maintenance of any animals taken to the animal shelter or humane
society as a result of conduct proscribed in subsection (a).

(d) Nothing in this section may be considered to prohibit accepted animal husbandry
practices or accepted veterinary medical practices.

(e) If the court has reasonable grounds to believe that a violation of this section has
occurred, the court may order the seizure of all animals involved in the alleged violation
as a condition of bond of a person charged with a violation.

(f) For purposes of this section:

 (1) "Animal" has the same meaning as the term is defined in § 63-12-103;

  (2) "Photographs" or "films" means the making of a photograph, motion picture film,
videotape, digital image, or any other recording, sale, or transmission of the image; and

 (3) "Sexual activity" means physical sexual contact between the person and the animal.




TEXAS
TEX. PENAL CODE ANN. § 42.09 (2010). Cruelty to Livestock Animals
(a) A person commits an offense if the person intentionally or knowingly:

 (1) tortures a livestock animal;

  (2) fails unreasonably to provide necessary food, water, or care for a livestock animal in
the person's custody;

 (3) abandons unreasonably a livestock animal in the person's custody;

 (4) transports or confines a livestock animal in a cruel and unusual manner;

  (5) administers poison to a livestock animal, other than cattle, horses, sheep, swine, or
goats, belonging to another without legal authority or the owner's effective consent;

  (6) causes one livestock animal to fight with another livestock animal or with an animal
as defined by Section 42.092;

 (7) uses a live livestock animal as a lure in dog race training or in dog coursing on a
                    National Center for Prosecution of Child Abuse                       249
                          National District Attorney Association
racetrack;

  (8) trips a horse; or

  (9) seriously overworks a livestock animal.

(b) In this section:

 (1) "Abandon" includes abandoning a livestock animal in the person's custody without
making reasonable arrangements for assumption of custody by another person.

  (2) "Cruel manner" includes a manner that causes or permits unjustified or unwarranted
pain or suffering.

  (3) "Custody" includes responsibility for the health, safety, and welfare of a livestock
animal subject to the person's care and control, regardless of ownership of the livestock
animal.

  (4) "Depredation" has the meaning assigned by Section 71.001, Parks and Wildlife Code.

  (5) "Livestock animal" means:

   (A) cattle, sheep, swine, goats, ratites, or poultry commonly raised for human
consumption;

    (B) a horse, pony, mule, donkey, or hinny;

    (C) native or nonnative hoofstock raised under agriculture practices; or

    (D) native or nonnative fowl commonly raised under agricultural practices.

  (6) "Necessary food, water, or care" includes food, water, or care provided to the extent
required to maintain the livestock animal in a state of good health.

  (7) "Torture" includes any act that causes unjustifiable pain or suffering.

  (8) "Trip" means to use an object to cause a horse to fall or lose its balance.

(c) An offense under Subsection (a)(2), (3), (4), or (9) is a Class A misdemeanor, except
that the offense is a state jail felony if the person has previously been convicted two times
under this section, two times under Section 42.092, or one time under this section and one
time under Section 42.092. An offense under Subsection (a)(1), (5), (6), (7), or (8) is a
state jail felony, except that the offense is a felony of the third degree if the person has
previously been convicted two times under this section, two times under Section 42.092,
or one time under this section and one time under Section 42.092.

                       National Center for Prosecution of Child Abuse                      250
                             National District Attorney Association
(d) It is a defense to prosecution under Subsection (a)(8) that the actor tripped the horse
for the purpose of identifying the ownership of the horse or giving veterinary care to the
horse.

(e) It is a defense to prosecution for an offense under this section that the actor was
engaged in bona fide experimentation for scientific research.

(f) It is an exception to the application of this section that the conduct engaged in by the
actor is a generally accepted and otherwise lawful:

 (1) form of conduct occurring solely for the purpose of or in support of:

   (A) fishing, hunting, or trapping; or

    (B) wildlife management, wildlife or depredation control, or shooting preserve
practices as regulated by state and federal law; or

 (2) animal husbandry or agriculture practice involving livestock animals.

(g) This section does not create a civil cause of action for damages or enforcement of this
section.

TEX. PENAL CODE ANN. § 42.091 (2010). Attack on Assistance Animal
(a) A person commits an offense if the person intentionally, knowingly, or recklessly
attacks, injures, or kills an assistance animal.

(b) A person commits an offense if the person intentionally, knowingly, or recklessly
incites or permits an animal owned by or otherwise in the custody of the actor to attack,
injure, or kill an assistance animal and, as a result of the person's conduct, the assistance
animal is attacked, injured, or killed.

(c) An offense under this section is a:

  (1) Class A misdemeanor if the actor or an animal owned by or otherwise in the
custody of the actor attacks an assistance animal;

  (2) state jail felony if the actor or an animal owned by or otherwise in the custody of the
actor injures an assistance animal; or

  (3) felony of the third degree if the actor or an animal owned by or otherwise in the
custody of the actor kills an assistance animal.

(d) A court shall order a defendant convicted of an offense under Subsection (a) to make
restitution to the owner of the assistance animal for:

 (1) related veterinary or medical bills;
                    National Center for Prosecution of Child Abuse                         251
                          National District Attorney Association
  (2) the cost of:

    (A) replacing the assistance animal; or

    (B) retraining an injured assistance animal by an organization generally recognized
by agencies involved in the rehabilitation of persons with disabilities as reputable and
competent to provide special equipment for or special training to an animal to help a
person with a disability; and

  (3) any other expense reasonably incurred as a result of the offense.

(e) In this section:

  (1) "Assistance animal" has the meaning assigned by Section 121.002, Human Resources
Code.

  (2) "Custody" has the meaning assigned by Section 42.09.

TEX. PENAL CODE ANN. § 42.092 (2010). Cruelty to Nonlivestock
Animals
(a) In this section:

  (1) "Abandon" includes abandoning an animal in the person's custody without making
reasonable arrangements for assumption of custody by another person.

  (2) "Animal" means a domesticated living creature, including any stray or feral cat or
dog, and a wild living creature previously captured. The term does not include an
uncaptured wild living creature or a livestock animal.

  (3) "Cruel manner" includes a manner that causes or permits unjustified or unwarranted
pain or suffering.

  (4) "Custody" includes responsibility for the health, safety, and welfare of an animal
subject to the person's care and control, regardless of ownership of the animal.

  (5) "Depredation" has the meaning assigned by Section 71.001, Parks and Wildlife Code.

  (6) "Livestock animal" has the meaning assigned by Section 42.09.

  (7) "Necessary food, water, care, or shelter" includes food, water, care, or shelter
provided to the extent required to maintain the animal in a state of good health.

  (8) "Torture" includes any act that causes unjustifiable pain or suffering.

(b) A person commits an offense if the person intentionally, knowingly, or recklessly:
                 National Center for Prosecution of Child Abuse                        252
                        National District Attorney Association
  (1) tortures an animal or in a cruel manner kills or causes serious bodily injury to an
animal;

  (2) without the owner's effective consent, kills, administers poison to, or causes serious
bodily injury to an animal;

  (3) fails unreasonably to provide necessary food, water, care, or shelter for an animal in
the person's custody;

  (4) abandons unreasonably an animal in the person's custody;

  (5) transports or confines an animal in a cruel manner;

  (6) without the owner's effective consent, causes bodily injury to an animal;

  (7) causes one animal to fight with another animal, if either animal is not a dog;

  (8) uses a live animal as a lure in dog race training or in dog coursing on a racetrack; or

  (9) seriously overworks an animal.

(c) An offense under Subsection (b)(3), (4), (5), (6), or (9) is a Class A misdemeanor,
except that the offense is a state jail felony if the person has previously been convicted
two times under this section, two times under Section 42.09, or one time under this
section and one time under Section 42.09. An offense under Subsection (b)(1), (2), (7), or
(8) is a state jail felony, except that the offense is a felony of the third degree if the person
has previously been convicted two times under this section, two times under Section
42.09, or one time under this section and one time under Section 42.09.

(d) It is a defense to prosecution under this section that:

  (1) the actor had a reasonable fear of bodily injury to the actor or to another person by a
dangerous wild animal as defined by Section 822.101, Health and Safety Code; or

  (2) the actor was engaged in bona fide experimentation for scientific research.

(e) It is a defense to prosecution under Subsection (b)(2) or (6) that:

  (1) the animal was discovered on the person's property in the act of or after injuring or
killing the person's livestock animals or damaging the person's crops and that the person
killed or injured the animal at the time of this discovery; or

  (2) the person killed or injured the animal within the scope of the person's employment
as a public servant or in furtherance of activities or operations associated with electricity
transmission or distribution, electricity generation or operations associated with the
                    National Center for Prosecution of Child Abuse                           253
                          National District Attorney Association
generation of electricity, or natural gas delivery.

(f) It is an exception to the application of this section that the conduct engaged in by the
actor is a generally accepted and otherwise lawful:

  (1) form of conduct occurring solely for the purpose of or in support of:

    (A) fishing, hunting, or trapping; or

    (B) wildlife management, wildlife or depredation control, or shooting preserve
practices as regulated by state and federal law; or

  (2) animal husbandry or agriculture practice involving livestock animals.

(g) This section does not create a civil cause of action for damages or enforcement of the
section.

TEX. PENAL CODE ANN. § 42.10 (2010). Dog Fighting
(a) A person commits an offense if the person intentionally or knowingly:

  (1) causes a dog to fight with another dog;

  (2) participates in the earnings of or operates a facility used for dog fighting;

  (3) uses or permits another to use any real estate, building, room, tent, arena, or other
property for dog fighting;

  (4) owns or possesses dog-fighting equipment with the intent that the equipment be
used to train a dog for dog fighting or in furtherance of dog fighting;

  (5) owns or trains a dog with the intent that the dog be used in an exhibition of dog
fighting; or

  (6) attends as a spectator an exhibition of dog fighting.

(b) In this section:

  (1) "Dog fighting" means any situation in which one dog attacks or fights with another
dog.

  (2) "Dog-fighting equipment" has the meaning assigned by Article 18.18(g), Code of
Criminal Procedure.

(c) A conviction under Subsection (a)(2) or (3) may be had upon the uncorroborated
testimony of a party to the offense.

                       National Center for Prosecution of Child Abuse                     254
                             National District Attorney Association
(d) It is a defense to prosecution under Subsection (a)(1) that the actor caused a dog to
fight with another dog to protect livestock, other property, or a person from the other dog,
and for no other purpose.

(e) An offense under Subsection (a)(4), (5), or (6) is a Class A misdemeanor. An offense
under Subsection (a)(1), (2), or (3) is a state jail felony.



UTAH
UTAH CODE ANN. § 76-9-301 (2010). Cruelty to animals
(1) As used in this section:

(a)(i) ―Abandon‖ means to intentionally deposit, leave, or drop off any live animal:

(A) without providing for the care of that animal, in accordance with accepted animal
husbandry practices or customary farming practices; or

(B) in a situation where conditions present an immediate, direct, and serious threat to the
life, safety, or health of the animal.

(ii) ―Abandon‖ does not include returning wildlife to its natural habitat.

(b)(i) ―Animal‖ means, except as provided in Subsection (1)(b)(ii), a live, nonhuman
vertebrate creature.

(ii) ―Animal‖ does not include:

(A) a live, nonhuman vertebrate creature, if:

(I) the conduct toward the creature, and the care provided to the creature, is in accordance
with accepted animal husbandry practices; and

(II) the creature is:

(Aa) owned or kept by a zoological park that is accredited by, or a member of, the
American Zoo and Aquarium Association;

(Bb) kept, owned, or used for the purpose of training hunting dogs or raptors; or

(Cc) temporarily in the state as part of a circus or traveling exhibitor licensed by the
United States Department of Agriculture under 7 U.S.C. 2133;



                        National Center for Prosecution of Child Abuse                     255
                              National District Attorney Association
(B) a live, nonhuman vertebrate creature that is owned, kept, or used for rodeo purposes,
if the conduct toward the creature, and the care provided to the creature, is in accordance
with accepted rodeo practices;

(C) livestock, if the conduct toward the creature, and the care provided to the creature, is
in accordance with accepted animal husbandry practices or customary farming practices;
or

(D) wildlife, as defined in Section 23-13-2, including protected and unprotected wildlife,
if the conduct toward the wildlife is in accordance with lawful hunting, fishing, or
trapping practices or other lawful practices.

(c) ―Companion animal‖ means an animal that is a domestic dog or a domestic cat.

(d) ―Custody‖ means ownership, possession, or control over an animal.

(e) ―Legal privilege‖ means an act that:

(i) is authorized by state law, including Division of Wildlife Resources rules; and

(ii) is not in violation of a local ordinance.

(f) ―Livestock‖ means:

(i) domesticated:

(A) cattle;

(B) sheep;

(C) goats;

(D) turkeys;

(E) swine;

(F) equines;

(G) camelidae;

(H) ratites; or

(I) bison;

(ii) domesticated elk, as defined in Section 4-39-102; or

                    National Center for Prosecution of Child Abuse                       256
                          National District Attorney Association
(iii) any domesticated nonhuman vertebrate creature, domestic furbearer, or domestic
poultry, raised, kept, or used for agricultural purposes.

(g) ―Necessary food, water, care, or shelter‖ means the following, taking into account the
species, age, and physical condition of the animal:

(i) appropriate and essential food and water;

(ii) adequate protection, including appropriate shelter, against extreme weather
conditions; and

(iii) other essential care.

(h) ―Torture‖ means intentionally or knowingly causing or inflicting extreme physical
pain to an animal in an especially heinous, atrocious, cruel, or exceptionally depraved
manner.

(2) Except as provided in Subsection (4) or (6), a person is guilty of cruelty to an animal
if the person, without legal privilege to do so, intentionally, knowingly, recklessly, or
with criminal negligence:

(a) fails to provide necessary food, water, care, or shelter for an animal in the person's
custody;

(b) abandons an animal in the person's custody;

(c) injures an animal;

(d) causes any animal, not including a dog, to fight with another animal of like kind for
amusement or gain; or

(e) causes any animal, including a dog, to fight with a different kind of animal or creature
for amusement or gain.

(3) Except as provided in Section 76-9-301.7, a violation of Subsection (2) is:

(a) a class B misdemeanor if committed intentionally or knowingly; and

(b) a class C misdemeanor if committed recklessly or with criminal negligence.

(4) A person is guilty of aggravated cruelty to an animal if the person:

(a) tortures an animal;

(b) administers, or causes to be administered, poison or a poisonous substance to an
animal; or
                     National Center for Prosecution of Child Abuse                          257
                           National District Attorney Association
(c) kills an animal or causes an animal to be killed without having a legal privilege to do
so.

(5) Except as provided in Subsection (6) or Section 76-9-301.7, a violation of Subsection
(4) is:

(a) a class A misdemeanor if committed intentionally or knowingly;

(b) a class B misdemeanor if committed recklessly; and

(c) a class C misdemeanor if committed with criminal negligence.

(6) A person is guilty of a third degree felony if the person intentionally or knowingly
tortures a companion animal.

(7) It is a defense to prosecution under this section that the conduct of the actor towards
the animal was:

(a) by a licensed veterinarian using accepted veterinary practice;

(b) directly related to bona fide experimentation for scientific research, provided that if
the animal is to be destroyed, the manner employed will not be unnecessarily cruel unless
directly necessary to the veterinary purpose or scientific research involved;

(c) permitted under Section 18-1-3;

(d) by a person who humanely destroys any animal found suffering past recovery for any
useful purpose; or

(e) by a person who humanely destroys any apparently abandoned animal found on the
person's property.

(8) For purposes of Subsection (7)(d), before destroying the suffering animal, the person
who is not the owner of the animal shall obtain:

(a) the judgment of a veterinarian of the animal's nonrecoverable condition;

(b) the judgment of two other persons called by the person to view the unrecoverable
condition of the animal in the person's presence;

(c) the consent from the owner of the animal to the destruction of the animal; or

(d) a reasonable conclusion that the animal's suffering is beyond recovery, through the
person's own observation, if the person is in a location or circumstance where the person
is unable to contact another person.
                   National Center for Prosecution of Child Abuse                          258
                         National District Attorney Association
(9) This section does not affect or prohibit:

(a) the training, instruction, and grooming of animals, if the methods used are in
accordance with accepted animal husbandry practices or customary farming practices;

(b) the use of an electronic locating or training collar by the owner of an animal for the
purpose of lawful animal training, lawful hunting practices, or protecting against loss of
that animal; or

(c) the lawful hunting of, fishing for, or trapping of, wildlife.

(10) County and municipal governments may not prohibit the use of an electronic
locating or training collar.

(11) Upon conviction under this section, the court may in its discretion, in addition to
other penalties:

(a) order the defendant to be evaluated to determine the need for psychiatric or
psychological counseling, to receive counseling as the court determines to be appropriate,
and to pay the costs of the evaluation and counseling;

(b) require the defendant to forfeit any rights the defendant has to the animal subjected to
a violation of this section and to repay the reasonable costs incurred by any person or
agency in caring for each animal subjected to violation of this section;

(c) order the defendant to no longer possess or retain custody of any animal, as specified
by the court, during the period of the defendant's probation or parole or other period as
designated by the court; and

(d) order the animal to be placed for the purpose of adoption or care in the custody of a
county and municipal animal control agency, an animal welfare agency registered with
the state, sold at public auction, or humanely destroyed.

(12) This section does not prohibit the use of animals in lawful training.

(13) A veterinarian who, acting in good faith, reports a violation of this section to law
enforcement may not be held civilly liable for making the report.

UTAH CODE ANN. § 76-9-301.1 (2010). Dog fighting--Training dogs for
fighting--Dog fighting exhibitions
Legislative Alert:
H. B. 263, 58th Leg., Gen. Sess. (Utah 2010)-- See section 127.

[*127] Section 127. Section 76-9-301.1 is amended to read:

                    National Center for Prosecution of Child Abuse                          259
                          National District Attorney Association
76-9-301.1. Dog fighting -- Training dogs for fighting -- Dog fighting
exhibitions.

(1) It is unlawful for any person to:

(a) own, possess, keep, or train a dog with the intent to engage it in an exhibition of
fighting with another dog;

(b) cause a dog to fight with another dog or cause a dog to injure another dog for
amusement or gain;

(c) tie, attach, or fasten any live animal to a machine or device propelled by any power,
for the purpose of causing the animal to be pursued by a dog; or

(d) permit or allow any act which violates Subsection [A> (1) <A] (a), (b), or (c) on any
premises under his charge; or to control, aid, or abet any such act.

(2) Possession of any breaking stick, treadmill, wheel, hot walker, cat mill, cat walker,
jenni, or other paraphernalia together with evidence that the paraphernalia is being used
or is intended for use in the unlawful training of a dog to fight with another dog, together
with the possession of any such dog, is prima facie evidence of violation of Subsections
(1)(b) and [D> (1) <D] (c).

(3) A person who violates Subsection (1) is guilty of a third degree felony, and any fine
imposed may not exceed $ 25,000.

(4) It is unlawful for a person to knowingly and intentionally be present as a spectator at
any place, building, or tenement where preparations are being made for an exhibition of
dog fighting, or to knowingly and intentionally be present at a dog fighting exhibition or
any other occurrence of fighting or injury described in this section. A person who violates
this subsection is guilty of a class B misdemeanor.

(5) Nothing in this section prohibits any of the following:

(a) the use of dogs for management of livestock by the owner, his employees or agents, or
any other person in the lawful custody of livestock;

(b) the use of dogs for hunting; or

(c) the training of dogs or the possession or use of equipment in the training of dogs for
any purpose not prohibited by law.

(1) It is unlawful for any person to:

(a) own, possess, keep, or train a dog with the intent to engage it in an exhibition of
fighting with another dog;
                    National Center for Prosecution of Child Abuse                        260
                          National District Attorney Association
(b) cause a dog to fight with another dog or cause a dog to injure another dog for
amusement or gain;

(c) tie, attach, or fasten any live animal to a machine or device propelled by any power,
for the purpose of causing the animal to be pursued by a dog; or

(d) permit or allow any act which violates Subsection (a), (b), or (c) on any premises
under his charge; or to control, aid, or abet any such act.

(2) Possession of any breaking stick, treadmill, wheel, hot walker, cat mill, cat walker,
jenni, or other paraphernalia together with evidence that the paraphernalia is being used
or is intended for use in the unlawful training of a dog to fight with another dog, together
with the possession of any such dog, is prima facie evidence of violation of Subsections
(1)(b) and (1)(c).

(3) A person who violates Subsection (1) is guilty of a third degree felony, and any fine
imposed may not exceed $25,000.

(4) It is unlawful for a person to knowingly and intentionally be present as a spectator at
any place, building, or tenement where preparations are being made for an exhibition of
dog fighting, or to knowingly and intentionally be present at a dog fighting exhibition or
any other occurrence of fighting or injury described in this section. A person who violates
this subsection is guilty of a class B misdemeanor.

(5) Nothing in this section prohibits any of the following:

(a) the use of dogs for management of livestock by the owner, his employees or agents, or
any other person in the lawful custody of livestock;

(b) the use of dogs for hunting; or

(c) the training of dogs or the possession or use of equipment in the training of dogs for
any purpose not prohibited by law.

UTAH CODE ANN. § 76-9-301.5 (2010). Spectator at organized animal
fighting exhibitions
It is unlawful for a person to knowingly be present as a spectator at any place, building,
or tenement where preparations are being made for an exhibition of the fighting of
animals, as prohibited by Subsections 76-9-301(2)(d) and (e), or to be present at such
exhibition, regardless of whether any entrance fee has been charged. A person who
violates this section is guilty of a class B misdemeanor.




                   National Center for Prosecution of Child Abuse                        261
                         National District Attorney Association
UTAH CODE ANN. § 76-9-301.7 (2010). Cruelty to animals--Enhanced
penalties
(1) As used in this section, ―conviction‖ means a conviction by plea or by verdict,
including a plea of guilty or no contest that is held in abeyance under Title 77, Chapter
2a, Pleas in Abeyance, regardless of whether the charge was, or is, subsequently reduced
or dismissed in accordance with the plea in abeyance agreement.

(2) Except as provided in Subsection (4), a person who commits any violation of Section
76-9-301, Section 76-9-301.5, or Subsection 76-9-301.1(4) within the state and on at least
one previous occasion has been convicted of violating Section 76-9-301, Section 76-9-
301.5, or Subsection 76-9-301.1(4) shall be subject to an enhanced penalty as provided in
Subsection (3).

(3) The enhanced degree of offense for offenses committed under this section are:

(a) if the offense is a class C misdemeanor, it is a class B misdemeanor; and

(b) if the offense is a class B misdemeanor, it is a class A misdemeanor.

(4) The penalty enhancements described in this section do not apply to a conviction for
the offense described in Subsection 76-9-301(6).

UTAH CODE ANN. § 76-9-301.8 (2010). Bestiality--Definitions--Penalty
(1) A person commits the crime of bestiality if the actor engages in any sexual activity
with an animal with the intent of sexual gratification of the actor.

(2) For purposes of this section only:

(a) ―Animal‖ means any live, nonhuman vertebrate creature, including fowl.

(b) ―Sexual activity‖ means physical sexual contact:

(i) between the actor and the animal involving the genitals of the actor and the genitals of
the animal;

(ii) the genitals of the actor or the animal and the mouth or anus of the actor or the
animal; or

(iii) through the actor's use of an object in contact with the genitals or anus of the animal.

(3) A crime of bestiality is a class B misdemeanor.




                    National Center for Prosecution of Child Abuse                        262
                          National District Attorney Association
UTAH CODE ANN. § 76-9-304 (2010). Allowing vicious animal to go at
large
Any owner of a vicious animal, knowing its propensities, who willfully allows it to go at
large or who keeps it without ordinary care, and any animal, while at large, or while not
kept with ordinary care, causes injury to another animal or to any human being who has
taken reasonable precaution which the circumstances permitted, is guilty of a class B
misdemeanor unless the animal causes the death of a human being, whereupon the owner
is guilty of a felony of the third degree.




VERMONT
VT. STAT. ANN. tit. 13, § 351 (2010). Definitions [Cruelty to animals]
As used in this chapter:

(1) ―Animal‖ means all living sentient creatures, not human beings.

(2) ―Secretary‖ means the secretary of agriculture, food and markets.

(3) ―Horse‖ means the entire family of equidae.

(4) ―Humane officer‖ or ―officer‖ means any law enforcement officer as defined in 23
V.S.A. § 4(11), auxiliary state police officers, deputy game wardens, humane society
officer, employee or agent, local board of health officer or agent, or any officer
authorized to serve criminal process.

(5) ―Humane society‖ or ―society for prevention of cruelty to animals‖ means the
Vermont Humane Federation, Inc., or its successor, or any incorporated humane society
which, through its agents has the lawful authority to interfere with acts of cruelty to
animals.

(6) ―Local board of health‖ means the town or city health officer and the boards of
selectmen or aldermen.

(7) ―Necessary medical attention‖ shall include but not be limited to medical treatment
for illness, injury, disease, excessive parasitism, or malformed or overgrown hoof.

(8) ―Person‖ means any individual, firm, partnership or corporation, or authorized agent
or representative of a person, partnership or corporation.

(9) ―Sanitation‖ means the maintenance of clean conditions for indoor and outdoor
enclosures to minimize health hazards, including periodic cleanings to remove excretions
or other waste materials, dirt and trash.
                   National Center for Prosecution of Child Abuse                      263
                         National District Attorney Association
(10) ―Torture‖ or ―torment‖ means omission, neglect, or an act by an animal owner or
other person, whereby physical pain, suffering or death is caused or permitted to be
caused to an animal.

(11) ―Livestock‖ means cattle, bison, horses, sheep, goats, swine, cervidae, ratites and
camelids.

(12) ―Poultry‖ means meat and egg producing chickens, exhibition (fancy) chickens,
turkeys, domestic ducks, geese, pheasants, chicken partridge and cotarnix quail.

(13) ―Livestock and poultry husbandry practices‖ means the raising, management and
using of animals to provide humans with food, fiber or transportation in a manner
consistent with:

(A) husbandry practices recommended for the species by agricultural colleges and the
U.S. Department of Agriculture Extension Service;

(B) husbandry practices modified for the species to conform to the Vermont environment
and terrain; and

(C) husbandry practices that minimize pain and suffering.

(14) ―Agricultural or sporting association‖ means an organization or association
determined by the secretary.

(15) ―Living space‖ means any cage, crate, or other structure used to confine an animal
that serves as its principal, primary housing. Living space does not include a structure,
such as a doghouse, in which an animal is not confined, or a cage, crate, or other structure
in which the animal is temporarily confined.

(16) ―Adequate food‖ means food that is not spoiled or contaminated and is of sufficient
quantity and quality to meet the normal daily requirements for the condition and size of
the animal and the environment in which it is kept. An animal shall be fed or have food
available at least once each day, unless a licensed veterinarian instructs otherwise, or
withholding food is in accordance with accepted agricultural or veterinarian practices.

(17) ―Adequate water‖ means fresh, potable water provided at suitable intervals for the
species, and which, in no event, shall exceed 24 hours at any interval. The animal must
have access to the water.

(18) ―Adequate shelter‖ means shelter which protects the animal from injury and
environmental hazards.

VT. STAT. ANN. tit. 13, § 352 (2010). Cruelty to animals
A person commits the crime of cruelty to animals if the person:
                   National Center for Prosecution of Child Abuse                          264
                         National District Attorney Association
(1) intentionally kills or attempts to kill any animal belonging to another person without
first obtaining legal authority or consent of the owner;

(2) overworks, overloads, tortures, torments, abandons, administers poison to, cruelly
beats or mutilates an animal, or exposes a poison with intent that it be taken by an animal;

(3) ties, tethers, or restrains an animal, either a pet or livestock, in a manner that is
inhumane or is detrimental to its welfare. Livestock and poultry husbandry practices are
exempted;

(4) deprives an animal which a person owns, possesses or acts as an agent for, of
adequate food, water, shelter, rest, sanitation, or necessary medical attention, or
transports an animal in overcrowded vehicles;

(5) owns, possesses, keeps or trains an animal engaged in an exhibition of fighting, or
possesses, keeps or trains any animal with intent that it be engaged in an exhibition of
fighting, or permits any such act to be done on premises under his or her charge or
control;

(6) acts as judge or spectator at events of animal fighting or bets or wagers on the
outcome of such fight;

(7) as poundkeeper, officer, agent of a humane society or as an owner or employee of an
establishment for treatment, board or care of an animal, knowingly receives, sells,
transfers or otherwise conveys an animal in his or her care for the purpose of research or
vivisection;

(8) intentionally torments or harasses an animal owned or engaged by a police
department or public agency of the state or its political subdivisions, or interferes with the
lawful performance of a police animal;

(9) knowingly sells, offers for sale, barters or displays living baby chicks, ducklings or
other fowl which have been dyed, colored or otherwise treated so as to impart to them an
artificial color, or fails to provide poultry with proper brooder facilities;

(10) uses a live animal as bait or lure in a race, game or contest or in training animals in a
manner inconsistent with Part 4 of Title 10 or the rules adopted thereunder.

VT. STAT. ANN. tit. 13, § 352a (2010). Aggravated cruelty to animals
A person commits the crime of aggravated cruelty to animals if the person:

(1) kills an animal by intentionally causing the animal undue pain or suffering; or

(2) intentionally, maliciously, and without just cause tortures, mutilates, or cruelly beats
an animal.
                    National Center for Prosecution of Child Abuse                         265
                          National District Attorney Association
VT. STAT. ANN. tit. 13, § 352b (2010). Rules; affirmative defense
(a) An enforcement officer implementing the provisions of section 352 or 352a of this
title shall be guided by rules established by the secretary.

(b) Except as provided in subsection (c) of this section, an affirmative defense to
prosecution under section 352 or 352a of this title may be raised when:

(1) except for vivisection or research under section 352(7) of this title, the defendant was
a veterinarian whose conduct conformed to accepted veterinary practice for the area, or
was a scientist whose conduct was a part of scientific research governed by accepted
procedural standards subject to review by an institutional care and use committee;

(2) the defendant's conduct was designed to control or eliminate rodents, ants or other
common pests on the defendant's own property;

(3) the defendant was a person appropriately licensed to utilize pesticides under chapter
87 of Title 6;

(4) the defendant humanely euthanized any animal as a representative of a duly organized
humane society, animal shelter or town pound according to rules of this subchapter, or as
a veterinarian destroying animals under chapter 193 or sections 3511 and 3513 of Title
20; or

(5) a state agency was implementing a rabies control program.

(c) An affirmative defense to a charge of abandonment under section 352 of this title
shall not be recognized where a person abandons an animal at or near an animal shelter or
veterinary clinic, farm or other place of shelter, without making reasonable arrangements
for the care of the animal.

(d) The authority to enforce this chapter shall not be construed in a manner inconsistent
with the animal control or disease control eradication programs in Title 6, or chapters
191, 193, 194 and 195 of Title 20 or the provisions of part 4 of Title 10, or the rules
adopted thereunder.

VT. STAT. ANN. tit. 13, § 353 (2010). Degree of offense; sentencing upon
conviction
(a) Penalties.

(1) Except as provided in subdivision (3) or (4) of this subsection, cruelty to animals
under section 352 of this title shall be punishable by a sentence of imprisonment of not
more than one year, or a fine of not more than $2,000.00, or both. Second and subsequent
convictions shall be punishable by a sentence of imprisonment of not more than two
years or a fine of not more than $5,000.00, or both.


                   National Center for Prosecution of Child Abuse                         266
                         National District Attorney Association
(2) Aggravated cruelty under section 352a of this title shall be punishable by a sentence
of imprisonment of not more than three years or a fine of not more than $5,000.00, or
both. Second and subsequent offenses shall be punishable by a sentence of imprisonment
of not more than five years or a fine of not more than $7,500.00, or both.

(3) An offense committed under subdivisions 352(5) and (6) of this title shall be
punishable by a sentence of imprisonment of not more than 5 years, or a fine of not more
than $5,000.00, or both.

(4)(A) Except as provided in subdivision (B) of this subdivision (4), a person found in
violation of subdivision 352(3), (4), or (9) of this title pursuant to this subdivision shall
be imprisoned not more than one year or fined not more than $2,000.00, or both. Second
and subsequent convictions shall be punishable by a sentence of imprisonment of not
more than two years or a fine of not more than $5,000.00, or both.

(B) A law enforcement officer shall issue a civil citation to a person who violates
subdivision 352(3), (4), or (9) of this title if the person has not been previously
adjudicated in violation of this chapter. A person adjudicated in violation of subdivision
352(3), (4), or (9) of this title pursuant to this subdivision shall be assessed a civil penalty
of not more than $500.00. At any time prior to the person admitting the violation and
paying the assessed penalty, the state's attorney may withdraw the complaint filed with
the judicial bureau and file an information charging a violation of subdivision 352(3), (4),
or (9) of this title in district court.

(b) In addition to any other sentence the court may impose, the court may require a
defendant convicted of a violation under section 352 or 352a of this title to:

(1) Forfeit any rights to the animal subjected to cruelty, and to any other animal, except
livestock or poultry owned, possessed, or in the custody of the defendant.

(2) Repay the reasonable costs incurred by any person, municipality or agency for
providing care for the animal prior to judgment. If the court does not order a defendant to
pay all the applicable costs incurred or orders only partial payment, it shall state on the
record the reasons for that action.

(3) Forfeit any future right to own, possess, or care for any animal for a period which the
court deems appropriate.

(4) Participate in available animal cruelty prevention programs or educational programs,
or both, or obtain psychiatric or psychological counseling, within a reasonable distance
from the defendant's residence. If a juvenile is adjudicated delinquent under section 352
or 352a of this title, the court may order the juvenile to undergo a psychiatric or
psychological evaluation and to participate in treatment that the court determines to be
appropriate after due consideration of the evaluation. The court may impose the costs of
such programs or counseling upon the defendant when appropriate.

                    National Center for Prosecution of Child Abuse                          267
                          National District Attorney Association
(5) Permit periodic unannounced visits for a period up to one year by a humane officer to
inspect the care and condition of any animal permitted by the court to remain in the care,
custody, or possession of the defendant. Such period may be extended by the court upon
motion made by the state.

(c) Upon an order of forfeiture of an animal under this section or section 354 of this title,
the court shall order custody of the animal remanded to a humane society or other
individual deemed appropriate by the court, for further disposition in accordance with
accepted practices for humane treatment of animals. A transfer of rights under this
section constitutes a transfer of ownership, and shall not constitute or authorize any
limitation upon the right of the humane society, individual, or other entity, to whom
rights are granted to dispose of the animal.

VT. STAT. ANN. tit. 13, § 362 (2010). Exposing poison on the land
A person who deposits any poison or substance poisonous to animals on his or her
premises or on the premise or buildings of another, with the intent that it be taken by an
animal, shall be in violation of subdivision 352(2) of this title. This section shall not
apply to control of wild pests, protection of crops from insects, mice, and plant diseases,
or the department of fish and wildlife and employees and agents of the state forest service
in control of destructive wild animals.

VT. STAT. ANN. tit. 13, § 363 (2010). Shooting birds for amusement
Except for the taking of game pursuant to Title 10, any person who keeps or uses any live
bird for release to be shot for amusement or as a test of marksmanship or provides
buildings, sheds, yards, rooms, fields, or other areas to be used for such shooting
purposes, shall be in violation of subdivision 352(1) of this title.

VT. STAT. ANN. tit. 13, § 364 (2010). Animal fights
(a) A person who participates in a fighting exhibition of animals shall be in violation of
subdivisions 352(5) and (6) of this title.

(b) In addition to seizure of fighting birds or animals involved in a fighting exhibition, a
law enforcement officer or humane officer may seize any equipment associated with that
activity.

(c) In addition to the imposition of a penalty under this chapter, conviction under this
section shall result in forfeiture of all seized fighting animals and equipment. The animals
may be destroyed humanely or otherwise disposed of as directed by the court.

VT. STAT. ANN. tit. 13, § 386 (2010). Confinement of animals in vehicles
(a) A person shall not leave an animal unattended in a standing or parked motor vehicle
in a manner that would endanger the health or safety of the animal.

(b) Any humane officer or member of a fire and rescue service may use reasonable force
to remove any such animal from a motor vehicle. The officer so removing an animal shall
                    National Center for Prosecution of Child Abuse                        268
                          National District Attorney Association
deliver the animal to a humane society, veterinarian or town or municipal pound. If the
owner of the animal cannot be found, the officer shall place a written notice in the
vehicle, bearing the name of the officer and the department and address where the animal
may be claimed. The owner shall be liable for reasonable expenses, and a lien may be
placed on the animal for these expenses. The officer may not be held liable for criminal
or civil liability for any damage resulting from actions taken under subsection (a) of this
section.

(c) Failure to comply with subsection (a) of this section is a violation of subdivision
352(3) of this title.

VT. STAT. ANN. tit. 13, § 351b (2010). Scope of subchapter
This subchapter shall not apply to:

(1) activities regulated by the department of fish and wildlife pursuant to part 4 of Title
10;

(2) scientific research governed by accepted procedural standards subject to review by an
institutional animal care and use committee;

(3) livestock and poultry husbandry practices for raising, management and use of
animals;

(4) veterinary medical or surgical procedures; and

(5) the killing of an animal as provided by sections 3809 and 3545 of Title 20.


VIRGINIA
VA. CODE ANN. § 3.2-6570 (2010). Cruelty to animals; penalty
A. Any person who: (i) overrides, overdrives, overloads, tortures, ill-treats, abandons,
willfully inflicts inhumane injury or pain not connected with bona fide scientific or
medical experimentation, or cruelly or unnecessarily beats, maims, mutilates, or kills any
animal, whether belonging to himself or another; (ii) deprives any animal of necessary
food, drink, shelter or emergency veterinary treatment; (iii) sores any equine for any
purpose or administers drugs or medications to alter or mask such soring for the purpose
of sale, show, or exhibition of any kind, unless such administration of drugs or
medications is within the context of a veterinary client-patient relationship and solely for
therapeutic purposes; (iv) willfully sets on foot, instigates, engages in, or in any way
furthers any act of cruelty to any animal; (v) carries or causes to be carried by any
vehicle, vessel or otherwise any animal in a cruel, brutal, or inhumane manner, so as to
produce torture or unnecessary suffering; or (vi) causes any of the above things, or being
the owner of such animal permits such acts to be done by another is guilty of a Class 1
misdemeanor.

                    National Center for Prosecution of Child Abuse                        269
                          National District Attorney Association
In addition to the penalties provided in this subsection, the court may, in its discretion,
require any person convicted of a violation of this subsection to attend an anger
management or other appropriate treatment program or obtain psychiatric or
psychological counseling. The court may impose the costs of such a program or
counseling upon the person convicted.

B. Any person who: (i) tortures, willfully inflicts inhumane injury or pain not connected
with bona fide scientific or medical experimentation, or cruelly and unnecessarily beats,
maims, mutilates or kills any animal whether belonging to himself or another; (ii) sores
any equine for any purpose or administers drugs or medications to alter or mask such
soring for the purpose of sale, show, or exhibit of any kind, unless such administration of
drugs or medications is under the supervision of a licensed veterinarian and solely for
therapeutic purposes; (iii) maliciously deprives any companion animal of necessary food,
drink, shelter or emergency veterinary treatment; (iv) instigates, engages in, or in any
way furthers any act of cruelty to any animal set forth in clauses (i) through (iv); or (v)
causes any of the actions described in clauses (i) through (iv), or being the owner of such
animal permits such acts to be done by another; and has been within five years convicted
of a violation of this subsection or subsection A, is guilty of a Class 6 felony if the
current violation or any previous violation of this subsection or subsection A resulted in
the death of an animal or the euthanasia of an animal based on the recommendation of a
licensed veterinarian upon determination that such euthanasia was necessary due to the
condition of the animal, and such condition was a direct result of a violation of this
subsection or subsection A.

C. Nothing in this section shall be construed to prohibit the dehorning of cattle conducted
in a reasonable and customary manner.

D. This section shall not prohibit authorized wildlife management activities or hunting,
fishing or trapping as regulated under other titles of the Code of Virginia, including Title
29.1, or to farming activities as provided under this title or regulations adopted hereunder.

E. It is unlawful for any person to kill a domestic dog or cat for the purpose of obtaining
the hide, fur or pelt of the dog or cat. A violation of this subsection is a Class 1
misdemeanor. A second or subsequent violation of this subsection is a Class 6 felony.

F. Any person who: (i) tortures, willfully inflicts inhumane injury or pain not connected
with bona fide scientific or medical experimentation or cruelly and unnecessarily beats,
maims or mutilates any dog or cat that is a companion animal whether belonging to him
or another; and (ii) as a direct result causes the death of such dog or cat that is a
companion animal, or the euthanasia of such animal on the recommendation of a licensed
veterinarian upon determination that such euthanasia was necessary due to the condition
of the animal, is guilty of a Class 6 felony. If a dog or cat is attacked on its owner's
property by a dog so as to cause injury or death, the owner of the injured dog or cat may
use all reasonable and necessary force against the dog at the time of the attack to protect
his dog or cat. Such owner may be presumed to have taken necessary and appropriate
                    National Center for Prosecution of Child Abuse                        270
                          National District Attorney Association
action to defend his dog or cat and shall therefore be presumed not to have violated this
subsection. The provisions of this subsection shall not overrule § 3.2-6540 or 3.2-6552.

G. Any person convicted of violating this section may be prohibited by the court from
possession or ownership of companion animals.

VA. CODE ANN. § 3.2-6570.1 (2010). Sale of animals after cruelty or
neglect conviction; penalty
Any person who has been convicted of a violation of any law concerning abuse, neglect,
or cruelty to animals that sells, offers for sale, or trades any companion animal is guilty of
a Class 1 misdemeanor. However, a person may dispose of animals under the provisions
of a court order.

VA. CODE ANN. § 3.2-6571 (2010). Animal fighting; penalty
A. No person shall knowingly:

1. Promote, prepare for, engage in, or be employed in, the fighting of animals for
amusement, sport or gain;

2. Attend an exhibition of the fighting of animals;

3. Authorize or allow any person to undertake any act described in this section on any
premises under his charge or control; or

4. Aid or abet any such acts.

Except as provided in subsection B, any person who violates any provision of this
subsection is guilty of a Class 1 misdemeanor.

B. Any person who violates any provision of subsection A in combination with one or
more of the following is guilty of a Class 6 felony:

1. When a dog is one of the animals;

2. When any device or substance intended to enhance an animal's ability to fight or to
inflict injury upon another animal is used, or possessed with intent to use it for such
purpose;

3. When money or anything of value is wagered on the result of such fighting;

4. When money or anything of value is paid or received for the admission of a person to a
place for animal fighting;

5. When any animal is possessed, owned, trained, transported, or sold with the intent that
the animal engage in an exhibition of fighting with another animal; or

                    National Center for Prosecution of Child Abuse                        271
                          National District Attorney Association
6. When he permits or causes a minor to (i) attend an exhibition of the fighting of any
animals or (ii) undertake or be involved in any act described in this subsection.

C. 1. Any animal control officer, as defined in § 3.2-6500, shall confiscate any animal
that he determines has been, is, or is intended to be used in animal fighting and any
equipment used in training such animal or used in animal fighting.

2. Upon confiscation of an animal, the animal control officer shall petition the
appropriate court for a hearing for a determination of whether the animal has been, is, or
is intended to be used in animal fighting. The hearing shall be not more than 10 business
days from the date of the confiscation of the animal. If the court finds that the animal has
not been used, is not used and is not intended to be used in animal fighting, it shall order
the animal released to its owner. However, if the court finds probable cause to believe
that the animal has been, is, or is intended to be used in animal fighting, the court shall
order the animal forfeited to the locality unless the owner posts bond in surety with the
locality in an amount sufficient to compensate the locality for its cost of caring for the
animal for a period of nine months. He shall post additional bond for each successive
nine-month period until a final determination by the trial court on any criminal charges
brought pursuant to subsections A or B.

3. Upon a final determination of guilt by the trial court on criminal charges brought
pursuant to subsections A or B, the court shall order that the animal be forfeited to the
locality. Upon a final determination of not guilty by the trial court on the underlying
criminal charges, a confiscated animal shall be returned to its owner and any bond shall
be refunded to him.

D. Any person convicted of violating any provision of subsection A or B shall be
prohibited by the court from possession or ownership of companion animals or cocks.

E. In addition to fines and costs, the court shall order any person who is convicted of a
violation of this section to pay all reasonable costs incurred in housing, caring for, or
euthanizing any confiscated animal. If the court finds that the actual costs are reasonable,
it may order payment of actual costs.

F. The provisions of this section shall not apply to any law-enforcement officer in the
performance of his duties. This section shall not prohibit (i) authorized wildlife
management activities or hunting, fishing, or trapping authorized under any title of the
Code of Virginia or regulations promulgated thereto or (ii) farming activities authorized
under Title 3.2 of the Code of Virginia or regulations promulgated thereto.

VA. CODE ANN. § 3.2-6573 (2010). Shooting birds for amusement, and
renting premises for such purposes; penalty
Live pigeons or other birds or fowl shall not be kept or used for the purpose of a target, or
to be shot at either for amusement or as a test of skill in marksmanship. It is a Class 4
misdemeanor to shoot at a bird kept or used as aforesaid, or to be a party to such
                     National Center for Prosecution of Child Abuse                       272
                           National District Attorney Association
shooting. Any person who lets any building, room, field or premises, or knowingly
permits the use thereof for the purpose of such shooting is guilty of a Class 4
misdemeanor.

Nothing contained herein shall apply to the shooting of wild game.

VA. CODE ANN. § 3.2-6503 (2010). Care of companion animals by owner;
penalty
Legislative Alert:
H. B. 281, 110th Sess. (Va.. 2010)-- See section 1.

 [*1] 1. That Sections 3.2-6503 and 3.2-6574 of the Code of Virginia are amended and
reenacted as follows:

Section 3.2-6503. Care of companion animals by owner; penalty.

A. Each owner shall provide for each of his companion animals:

1. Adequate feed;

2. Adequate water;

3. Adequate shelter that is properly cleaned;

4. Adequate space in the primary enclosure for the particular type of animal depending
upon its age, size, species, and weight;

5. Adequate exercise;

6. Adequate care, treatment, and transportation; and

7. Veterinary care when needed [D> or <D] to prevent suffering or disease transmission.

The provisions of this section shall also apply to every pound, animal shelter, or other
releasing agency, and every foster care provider, dealer, pet shop, exhibitor, kennel,
groomer, and boarding establishment. This section shall not require that animals used as
food for other animals be euthanized.

B. Violation of this section is a Class 4 misdemeanor. [A> A SECOND OR
SUBSEQUENT VIOLATION OF SUBDIVISION A 1, A 2, A 3, OR A 7 IS A CLASS 2
MISDEMEANOR AND A SECOND OR SUBSEQUENT VIOLATION OF
SUBDIVISION A 4, A 5, OR A 6 IS A CLASS 3 MISDEMEANOR. <A]

Section 3.2-6574. Sterilization of adopted dogs and cats; enforcement; civil penalty.

A. Every new owner of a dog or cat adopted from a releasing agency shall cause to be
                National Center for Prosecution of Child Abuse                       273
                        National District Attorney Association
sterilized the dog or cat pursuant to the agreement required by subdivision 2 of subsection
B of this article.

B. A dog or cat shall not be released for adoption from a releasing agency unless:

1. The animal has already been sterilized; or

2. The individual adopting the animal signs an agreement to have the animal sterilized by
a licensed veterinarian: (i) within 30 days of the adoption, if the animal is sexually
mature; or (ii) within 30 days after the animal reaches six months of age, if the animal is
not sexually mature at the time of adoption.

C. A releasing agency may extend for 30 days the date by which a dog or cat must be
sterilized on presentation of a written report from a veterinarian stating that the life or
health of the adopted animal may be jeopardized by sterilization. In cases involving
extenuating circumstances, the veterinarian and the releasing agency may negotiate the
terms of an extension of the date by which the animal must be sterilized.

D. Nothing in this section shall preclude the sterilization of a sexually immature dog or
cat upon the written agreement of the veterinarian, the releasing agency, and the new
owner.

E. Upon the petition of an animal control officer, humane investigator, the State
Veterinarian or a State Veterinarian's representative to the district court of the county or
city where a violation of this article occurs, the court may order the new owner to take
any steps necessary to comply with the requirements of this article. This remedy shall be
exclusive of and in addition to any civil penalty that may be imposed under this article.

F. Any person who violates subsection A or B of this section shall be subject to a civil
penalty not to exceed [D> $ 50 <D] [A> $ 250 <A] .

A. Each owner shall provide for each of his companion animals:

1. Adequate feed;

2. Adequate water;

3. Adequate shelter that is properly cleaned;

4. Adequate space in the primary enclosure for the particular type of animal depending
upon its age, size, species, and weight;

5. Adequate exercise;

6. Adequate care, treatment, and transportation; and

                     National Center for Prosecution of Child Abuse                        274
                           National District Attorney Association
7. Veterinary care when needed or to prevent suffering or disease transmission.

The provisions of this section shall also apply to every pound, animal shelter, or other
releasing agency, and every foster care provider, dealer, pet shop, exhibitor, kennel,
groomer, and boarding establishment. This section shall not require that animals used as
food for other animals be euthanized.

B. Violation of this section is a Class 4 misdemeanor.

VA. CODE ANN. § 18.2-361 (2010). Crimes against nature; penalty
A. If any person carnally knows in any manner any brute animal, or carnally knows any
male or female person by the anus or by or with the mouth, or voluntarily submits to such
carnal knowledge, he or she shall be guilty of a Class 6 felony, except as provided in
subsection B.

B. Any person who performs or causes to be performed cunnilingus, fellatio, anilingus or
anal intercourse upon or by his daughter or granddaughter, son or grandson, brother or
sister, or father or mother is guilty of a Class 5 felony. However, if a parent or
grandparent commits any such act with his child or grandchild and such child or
grandchild is at least 13 but less than 18 years of age at the time of the offense, such
parent or grandparent is guilty of a Class 3 felony.

C. For the purposes of this section, parent includes step-parent, grandparent includes
step-grandparent, child includes step-child and grandchild includes step-grandchild.




WASHINGTON
WASH. REV. CODE ANN. § 16.52.011 (2010). Definitions--Principles of
liability
(1) Principles of liability as defined in chapter 9A.08 RCW apply to this chapter.

(2) The definitions in this section apply throughout this chapter unless the context clearly
requires otherwise.

(a) ―Abandons‖ means the knowing or reckless desertion of an animal by its owner or the
causing of the animal to be deserted by its owner, in any place, without making
provisions for the animal's adequate care.

(b) ―Animal‖ means any nonhuman mammal, bird, reptile, or amphibian.

(c) ―Animal care and control agency‖ means any city or county animal control agency or
authority authorized to enforce city or county municipal ordinances regulating the care,
control, licensing, or treatment of animals within the city or county, and any corporation
                   National Center for Prosecution of Child Abuse                        275
                         National District Attorney Association
organized under RCW 16.52.020 that contracts with a city or county to enforce the city or
county ordinances governing animal care and control.

(d) ―Animal control officer‖ means any individual employed, contracted, or appointed
pursuant to RCW 16.52.025 by an animal care and control agency or humane society to
aid in the enforcement of ordinances or laws regulating the care and control of animals.
For purposes of this chapter, the term ―animal control officer‖ shall be interpreted to
include ―humane officer‖ as defined in (f) of this subsection and RCW 16.52.025.

(e) ―Euthanasia‖ means the humane destruction of an animal accomplished by a method
that involves instantaneous unconsciousness and immediate death, or by a method that
causes painless loss of consciousness, and death during the loss of consciousness.

(f) ―Humane officer‖ means any individual employed, contracted, or appointed by an
animal care and control agency or humane society as authorized under RCW 16.52.025.

(g) ―Law enforcement agency‖ means a general authority Washington law enforcement
agency as defined in RCW 10.93.020.

(h) ―Necessary food‖ means the provision at suitable intervals of wholesome foodstuff
suitable for the animal's age and species and sufficient to provide a reasonable level of
nutrition for the animal.

(i) ―Owner‖ means a person who has a right, claim, title, legal share, or right of
possession to an animal or a person having lawful control, custody, or possession of an
animal.

(j) ―Person‖ means individuals, corporations, partnerships, associations, or other legal
entities, and agents of those entities.

(k) ―Similar animal‖ means an animal classified in the same genus.

(l) ―Substantial bodily harm‖ means substantial bodily harm as defined in RCW
9A.04.110.

WASH. REV. CODE ANN. § 16.52.205 (2010). Animal cruelty in the first
degree
(1) A person is guilty of animal cruelty in the first degree when, except as authorized in
law, he or she intentionally (a) inflicts substantial pain on, (b) causes physical injury to,
or (c) kills an animal by a means causing undue suffering, or forces a minor to inflict
unnecessary pain, injury, or death on an animal.

(2) A person is guilty of animal cruelty in the first degree when, except as authorized by
law, he or she, with criminal negligence, starves, dehydrates, or suffocates an animal and
as a result causes: (a) Substantial and unjustifiable physical pain that extends for a period
sufficient to cause considerable suffering; or (b) death.
                     National Center for Prosecution of Child Abuse                       276
                           National District Attorney Association
(3) A person is guilty of animal cruelty in the first degree when he or she:

(a) Knowingly engages in any sexual conduct or sexual contact with an animal;

(b) Knowingly causes, aids, or abets another person to engage in any sexual conduct or
sexual contact with an animal;

(c) Knowingly permits any sexual conduct or sexual contact with an animal to be
conducted on any premises under his or her charge or control;

(d) Knowingly engages in, organizes, promotes, conducts, advertises, aids, abets,
participates in as an observer, or performs any service in the furtherance of an act
involving any sexual conduct or sexual contact with an animal for a commercial or
recreational purpose; or

(e) Knowingly photographs or films, for purposes of sexual gratification, a person
engaged in a sexual act or sexual contact with an animal.

(4) Animal cruelty in the first degree is a class C felony.

(5) In addition to the penalty imposed in subsection (4) of this section, the court may
order that the convicted person do any of the following:

(a) Not harbor or own animals or reside in any household where animals are present;

(b) Participate in appropriate counseling at the defendant's expense;

(c) Reimburse the animal shelter or humane society for any reasonable costs incurred for
the care and maintenance of any animals taken to the animal shelter or humane society as
a result of conduct proscribed in subsection (3) of this section.

(6) Nothing in this section may be considered to prohibit accepted animal husbandry
practices or accepted veterinary medical practices by a licensed veterinarian or certified
veterinary technician.

(7) If the court has reasonable grounds to believe that a violation of this section has
occurred, the court may order the seizure of all animals involved in the alleged violation
as a condition of bond of a person charged with a violation.

(8) For purposes of this section:

(a) ―Animal‖ means every creature, either alive or dead, other than a human being.

(b) ―Sexual conduct‖ means any touching or fondling by a person, either directly or
through clothing, of the sex organs or anus of an animal or any transfer or transmission of
                    National Center for Prosecution of Child Abuse                        277
                          National District Attorney Association
semen by the person upon any part of the animal, for the purpose of sexual gratification
or arousal of the person.

(c) ―Sexual contact‖ means any contact, however slight, between the mouth, sex organ, or
anus of a person and the sex organ or anus of an animal, or any intrusion, however slight,
of any part of the body of the person into the sex organ or anus of an animal, or any
intrusion of the sex organ or anus of the person into the mouth of the animal, for the
purpose of sexual gratification or arousal of the person.

(d) ―Photographs‖ or ―films‖ means the making of a photograph, motion picture film,
videotape, digital image, or any other recording, sale, or transmission of the image.

WASH. REV. CODE ANN. § 16.52.207 (2010). Animal cruelty in the second
degree
(1) A person is guilty of animal cruelty in the second degree if, under circumstances not
amounting to first degree animal cruelty, the person knowingly, recklessly, or with
criminal negligence inflicts unnecessary suffering or pain upon an animal.

(2) An owner of an animal is guilty of animal cruelty in the second degree if, under
circumstances not amounting to first degree animal cruelty, the owner knowingly,
recklessly, or with criminal negligence:

(a) Fails to provide the animal with necessary shelter, rest, sanitation, space, or medical
attention and the animal suffers unnecessary or unjustifiable physical pain as a result of
the failure;

(b) Under circumstances not amounting to animal cruelty in the second degree under (c)
of this subsection, abandons the animal; or

(c) Abandons the animal and (i) as a result of being abandoned, the animal suffers bodily
harm; or (ii) abandoning the animal creates an imminent and substantial risk that the
animal will suffer substantial bodily harm.

(3)(a) Animal cruelty in the second degree under subsection (1), (2)(a), or (2)(b) of this
section is a misdemeanor.

(b) Animal cruelty in the second degree under subsection (2)(c) of this section is a gross
misdemeanor.

(4) In any prosecution of animal cruelty in the second degree under subsection (1) or
(2)(a) of this section, it shall be an affirmative defense, if established by the defendant by
a preponderance of the evidence, that the defendant's failure was due to economic distress
beyond the defendant's control.



                    National Center for Prosecution of Child Abuse                        278
                          National District Attorney Association
WASH. REV. CODE ANN. § 16.52.300 (2010). Dogs or cats used as bait--
Seizure--Limitation
(1) If any person commits the crime of animal cruelty in the first or second degree by
using or trapping to use domestic dogs or cats as bait, prey, or targets for the purpose of
training dogs or other animals to track, fight, or hunt, law enforcement officers or animal
control officers shall seize and hold the animals being trained. The seized animals shall
be disposed of by the court pursuant to the provisions of RCW 16.52.200(3).

(2) This section shall not in any way interfere with or impair the operation of any
provision of Title 28B RCW, relating to higher education or biomedical research.

WASH. REV. CODE ANN. § 16.52.080 (2010). Transporting or confining in
unsafe manner--Penalty
Any person who wilfully transports or confines or causes to be transported or confined
any domestic animal or animals in a manner, posture or confinement that will jeopardize
the safety of the animal or the public shall be guilty of a misdemeanor. And whenever
any such person shall be taken into custody or be subject to arrest pursuant to a valid
warrant therefor by any officer or authorized person, such officer or person may take
charge of the animal or animals; and any necessary expense thereof shall be a lien
thereon to be paid before the animal or animals may be recovered; and if the expense is
not paid, it may be recovered from the owner of the animal or the person guilty.
16.52.100. Confinement without food and water--Intervention by others


If any domestic animal is impounded or confined without necessary food and water for
more than thirty-six consecutive hours, any person may, from time to time, as is
necessary, enter into and open any pound or place of confinement in which any domestic
animal is confined, and supply it with necessary food and water so long as it is confined.
The person shall not be liable to action for the entry, and may collect from the animal's
owner the reasonable cost of the food and water. The animal shall be subject to
attachment for the costs and shall not be exempt from levy and sale upon execution
issued upon a judgment. If an investigating officer finds it extremely difficult to supply
confined animals with food and water, the officer may remove the animals to protective
custody for that purpose.

WASH. REV. CODE ANN. § 16.52.117 (2010). Animal fighting--Prohibited
behavior--Class C felony--Exceptions
(1) A person commits the crime of animal fighting if the person knowingly does any of
the following:

(a) Owns, possesses, keeps, breeds, trains, buys, sells, or advertises or offers for sale any
animal with the intent that the animal shall be engaged in an exhibition of fighting with
another animal;


                    National Center for Prosecution of Child Abuse                        279
                          National District Attorney Association
(b) Knowingly promotes, organizes, conducts, participates in, is a spectator of, advertises,
prepares, or performs any service in the furtherance of, an exhibition of animal fighting,
transports spectators to an animal fight, or provides or serves as a stakeholder for any
money wagered on an animal fight at any place or building;

(c) Keeps or uses any place for the purpose of animal fighting, or manages or accepts
payment of admission to any place kept or used for the purpose of animal fighting;

(d) Suffers or permits any place over which the person has possession or control to be
occupied, kept, or used for the purpose of an exhibition of animal fighting; or

(e) Takes, leads away, possesses, confines, sells, transfers, or receives a stray animal or a
pet animal, with the intent to deprive the owner of the pet animal, and with the intent of
using the stray animal or pet animal for animal fighting, or for training or baiting for the
purpose of animal fighting.

(2) A person who violates this section is guilty of a class C felony punishable under RCW
9A.20.021.

(3) Nothing in this section prohibits the following:

(a) The use of dogs in the management of livestock, as defined by chapter 16.57 RCW,
by the owner of the livestock or the owner's employees or agents or other persons in
lawful custody of the livestock;

(b) The use of dogs in hunting as permitted by law; or

(c) The training of animals or the use of equipment in the training of animals for any
purpose not prohibited by law.

(4) For the purposes of this section, ―animal‖ means dogs or male chickens.

WASH. REV. CODE ANN. § 16.52.165 (2010). Punishment--Conviction of
misdemeanor
Every person convicted of any misdemeanor under RCW 16.52.080 or 16.52.090 shall be
punished by a fine of not exceeding one hundred and fifty dollars, or by imprisonment in
the county jail not exceeding sixty days, or both such fine and imprisonment, and shall
pay the costs of the prosecution.

WASH. REV. CODE ANN. § 16.52.180 (2010). Limitations on application of
chapter
No part of this chapter shall be deemed to interfere with any of the laws of this state
known as the ―game laws,‖ nor be deemed to interfere with the right to destroy any
venomous reptile or any known as dangerous to life, limb or property, or to interfere with
the right to kill animals to be used for food or with any properly conducted scientific
                    National Center for Prosecution of Child Abuse                        280
                          National District Attorney Association
experiments or investigations, which experiments or investigations shall be performed
only under the authority of the faculty of some regularly incorporated college or
university of the state of Washington or a research facility registered with the United
States department of agriculture and regulated by 7 U.S.C. Sec. 2131 et seq.

WASH. REV. CODE ANN. § 16.52.185 (2010). Exclusions from chapter
Nothing in this chapter applies to accepted husbandry practices used in the commercial
raising or slaughtering of livestock or poultry, or products thereof or to the use of animals
in the normal and usual course of rodeo events or to the customary use or exhibiting of
animals in normal and usual events at fairs as defined in RCW 15.76.120.

WASH. REV. CODE ANN. § 16.52.190 (2010). Poisoning animals--Penalty
(1) Except as provided in subsections (2) and (3) of this section, a person is guilty of the
crime of poisoning animals if the person intentionally or knowingly poisons an animal
under circumstances which do not constitute animal cruelty in the first degree.

(2) Subsection (1) of this section shall not apply to euthanizing by poison an animal in a
lawful and humane manner by the animal's owner, or by a duly authorized servant or
agent of the owner, or by a person acting pursuant to instructions from a duly constituted
public authority.

(3) Subsection (1) of this section shall not apply to the reasonable use of rodent or pest
poison, insecticides, fungicides, or slug bait for their intended purposes. As used in this
section, the term ―rodent‖ includes but is not limited to Columbia ground squirrels, other
ground squirrels, rats, mice, gophers, rabbits, and any other rodent designated as injurious
to the agricultural interests of the state as provided in *chapter 17.16 RCW. The term
―pest‖ as used in this section includes any pest as defined in RCW 17.21.020.

(4) A person violating this section is guilty of a gross misdemeanor.

WASH. REV. CODE ANN. § 16.52.193 (2010). Poisoning animals--
Strychnine sales--Records--Report on suspected purchases
(1) It is unlawful for any person other than a registered pharmacist to sell at retail or
furnish to any person any strychnine: PROVIDED, That nothing herein prohibits county,
state, or federal agents, in the course of their duties, from furnishing strychnine to any
person. Every such registered pharmacist selling or furnishing such strychnine shall,
before delivering the same, record the transaction as provided in RCW 69.38.030. If any
such registered pharmacist suspects that any person desiring to purchase strychnine
intends to use the same for the purpose of poisoning unlawfully any domestic animal or
domestic bird, he or she may refuse to sell to such person, but whether or not he or she
makes such sale, he or she shall if he or she so suspects an intention to use the strychnine
unlawfully, immediately notify the nearest peace officer, giving such officer a complete
description of the person purchasing, or attempting to purchase, such strychnine.

(2) A person violating this section is guilty of a gross misdemeanor.
                    National Center for Prosecution of Child Abuse                        281
                          National District Attorney Association
WASH. REV. CODE ANN. § 9.08.070 (2010). Pet animals--Taking,
concealing, injuring, killing, etc.--Penalty
(1) Any person who, with intent to deprive or defraud the owner thereof, does any of the
following shall be guilty of a gross misdemeanor punishable according to chapter 9A.20
RCW and by a mandatory fine of not less than five hundred dollars per pet animal, except
as provided by subsection (2) of this section:

(a) Takes, leads away, confines, secretes or converts any pet animal, except in cases in
which the value of the pet animal exceeds two hundred fifty dollars;

(b) Conceals the identity of any pet animal or its owner by obscuring, altering, or
removing from the pet animal any collar, tag, license, tattoo, or other identifying device
or mark;

(c) Willfully or recklessly kills or injures any pet animal, unless excused by law.

(2) Nothing in this section shall prohibit a person from also being convicted of separate
offenses under RCW 9A.56.030, 9A.56.040, or 9A.56.050 for theft or under RCW
9A.56.150, 9A.56.160, or 9A.56.170 for possession of stolen property.



WEST VIRGINIA
W. VA. CODE ANN. § 61-8-19 (2010). Cruelty to animals; penalties;
exclusions
(a)(1) It is unlawful for any person to intentionally, knowingly or recklessly,

(A) Mistreat an animal in cruel manner;

(B) Abandon an animal;

(C) Withhold;

(i) Proper sustenance, including food or water;

(ii) Shelter that protects from the elements of weather; or

(iii) Medical treatment, necessary to sustain normal health and fitness or to end the
suffering of any animal;

(D) Abandon an animal to die;

(E) Leave an animal unattended and confined in a motor vehicle when physical injury to
or death of the animal is likely to result;
                   National Center for Prosecution of Child Abuse                       282
                         National District Attorney Association
(F) Ride an animal when it is physically unfit;

(G) Bait or harass an animal for the purpose of making it perform for a person's
amusement;

(H) Cruelly chain or tether an animal; or

(I) Use, train or possess a domesticated animal for the purpose of seizing, detaining or
maltreating any other domesticated animal.

(2) Any person in violation of subdivision (1) of this subsection is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not less than three hundred nor
more than two thousand dollars or confined in jail not more than six months, or both.

(b) A person who intentionally tortures, or mutilates or maliciously kills an animal, or
causes, procures or authorizes any other person to torture, mutilate or maliciously kill an
animal, is guilty of a felony and, upon conviction thereof, shall be confined in a
correctional facility not less than one nor more than five years and be fined not less than
one thousand dollars nor more than five thousand dollars. For the purposes of this
subsection, ―torture‖ means an action taken for the primary purpose of inflicting pain.

(c) A person, other than a licensed veterinarian or a person acting under the direction or
with the approval of a licensed veterinarian, who knowingly and willfully administers or
causes to be administered to any animal participating in any contest any controlled
substance or any other drug for the purpose of altering or otherwise affecting said
animal's performance is guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than five hundred nor more than two thousand dollars.

(d) Any person convicted of a violation of this section forfeits his or her interest in any
animal and all interest in the animal vests in the humane society or county pound of the
county in which the conviction was rendered and the person is, in addition to any fine
imposed, liable for any costs incurred or to be incurred by the humane society or county
pound as a result.

(e) For the purpose of this section, the term ―controlled substance‖ has the same meaning
ascribed to it by subsection (d), section one hundred one, article one, chapter sixty-a of
this code.

(f) The provisions of this section do not apply to lawful acts of hunting, fishing, trapping
or animal training or farm livestock, poultry, gaming fowl or wildlife kept in private or
licensed game farms if kept and maintained according to usual and accepted standards of
livestock, poultry, gaming fowl or wildlife or game farm production and management,
nor to humane use of animals or activities regulated under and in conformity with the
provisions of 7 U.S.C. § 2131, et seq., and the regulations promulgated thereunder, as
both statutes and regulations are in effect on the effective date of this section.
                   National Center for Prosecution of Child Abuse                          283
                         National District Attorney Association
(g) Notwithstanding the provisions of subsection (a) of this section, any person convicted
of a second or subsequent violation of subsection (a) is guilty of a misdemeanor and shall
be confined in jail for a period of not less than ninety days nor more than one year, fined
not less than five hundred dollars nor more than three thousand dollars, or both. The
incarceration set forth in this subsection is mandatory unless the provisions of subsection
(h) of this section are complied with.

(h)(1) Notwithstanding any provision of this code to the contrary, no person who has
been convicted of a violation of the provisions of subsection (a) or (b) of this section may
be granted probation until the defendant has undergone a complete psychiatric or
psychological evaluation and the court has reviewed the evaluation. Unless the defendant
is determined by the court to be indigent, he or she is responsible for the cost of the
evaluation.

(2) For any person convicted of a violation of subsection (a) or (b) of this section, the
court may, in addition to the penalties provided in this section, impose a requirement that
he or she complete a program of anger management intervention for perpetrators of
animal cruelty. Unless the defendant is determined by the court to be indigent, he or she
is responsible for the cost of the program.

(i) In addition to any other penalty which can be imposed for a violation of this section, a
court shall prohibit any person so convicted from possessing, owning or residing with any
animal or type of animal for a period of five years following entry of a misdemeanor
conviction and fifteen years following entry of a felony conviction. A violation under this
subsection is a misdemeanor punishable by a fine not exceeding two thousand dollars and
forfeiture of the animal.

W. VA. CODE ANN. § 61-8-19a (2010). Animal fighting ventures
prohibited
(a) It is unlawful for any person to engage in, be employed at, or sell an admission to any
animal fighting venture.

(b) Any person who violates the provisions of this section is guilty of a misdemeanor and,
upon conviction thereof, shall be fined not less than one hundred dollars and not more
than one thousand dollars, or confined in the county jail not exceeding one year, or both
so fined and confined, and may be divested of ownership and control of such animals,
and be liable for all costs for their care and maintenance: Provided, That if the animal is a
wild animal, game animal or fur-bearing animal, as defined in section two, article one,
chapter twenty of this code, or wildlife not indigenous to West Virginia, or of a canine,
feline, porcine, bovine, or equine species whether wild or domesticated, the person who
violates the provisions of this section is guilty of a felony and, upon conviction thereof,
shall be fined not less than one thousand dollars and not more than five thousand dollars,
and imprisoned in a state correctional facility for not less than one nor more than five
years, or both fined and imprisoned.

                   National Center for Prosecution of Child Abuse                        284
                         National District Attorney Association
W. VA. CODE ANN. § 61-8-19b (2010). Attendance at animal fighting
ventures prohibited; penalty
(a) It is unlawful for any person to knowingly attend an animal fighting venture involving
animals as provided in subsections (a) and (b), section nineteen-a, article eight of this
chapter.

(b) Any person who violates the provisions of this section is guilty of a misdemeanor and,
upon conviction thereof, shall be fined not less than one hundred dollars and not more
than one thousand dollars, or confined in the county or regional jail not more than one
year, or both fined and imprisoned.

W. VA. CODE ANN. § 61-8-20 (2010). Keeping or using live birds to be
shot at; penalty
Whoever keeps or uses a live bird to be shot at either for amusement or as a test of skill in
marksmanship, or shoots at a bird kept or used as aforesaid, or is a party to such shooting,
or lets any building, room, field, or premises, or knowingly permits the use thereof, for
the purpose of such shooting, shall be guilty of a misdemeanor, and, upon conviction
thereof, shall be punished by fine of not more than fifty dollars or by imprisonment for
not more than one month, or by both. Nothing herein contained shall apply to the
shooting of wild game.

W. VA. CODE ANN. § 49-5-13f (2010). Animal Cruelty Early Intervention
Program
(a) Notwithstanding any provision of this article to the contrary, a juvenile who has been
alleged to have committed an act of delinquency which involved causing harm to an
animal shall be given the option of proceeding in the Animal Cruelty Early Intervention
Program as an alternative to the filing of a formal petition under section seven of this
article, as the case may be. The decision to extend the option to enter the Animal Cruelty
Early Intervention Program shall be made by the circuit court if the court finds that the
offender is a suitable candidate for the program. No juvenile may enter the Animal
Cruelty Early Intervention Program unless he or she and his or her parent or guardian
consent. Any juvenile who does not successfully cooperate in and complete the Animal
Cruelty Early Intervention Program shall be returned to the circuit court for further
disposition as provided by section eleven-a or thirteen of this article, as the case may be.

(b) The Department of Juvenile Services shall establish a task force to create an Animal
Cruelty Early Intervention Program. Services provided by the Department for Juvenile
Services in the Animal Cruelty Early Intervention Program shall be consistent with the
provisions of article five-b of this chapter and shall be designed to develop skills and
supports within families and to resolve problems related to the juveniles who have
engaged in animal cruelty. Services may include, but are not limited to, referral of
juveniles and parents, guardians or custodians and other family members to services for
psychiatric or other medical care, or psychological, welfare, legal, educational or other
social services, as appropriate to the needs of the juvenile and his or her family.

                   National Center for Prosecution of Child Abuse                        285
                         National District Attorney Association
(c) The effective date for this section is the first day of July, two thousand six.




WISCONSIN
WIS. STAT. ANN. § 951.01 (2010). Definitions [Crimes against animals]
In this chapter:

(1) ―Animal‖ includes every living:

(a) Warm-blooded creature, except a human being;

(b) Reptile; or

(c) Amphibian.

(1m) ―Conservation warden‖ means a warden appointed under s. 23.10.

(2) ―Cruel‖ means causing unnecessary and excessive pain or suffering or unjustifiable
injury or death.

(3) ―Farm animal‖ means any warm-blooded animal normally raised on farms in the
United States and used or intended for use as food or fiber.

(3e) ―Humane officer‖ means an officer appointed under s. 173.03.

(3f) ―Fire department‖ includes a volunteer fire department and a department under s.
61.66.

(3m) ―Law enforcement agency‖ has the meaning given in s. 165.83(1)(b).

(4) ―Law enforcement officer‖ has the meaning assigned under s. 967.02 (5) but does not
include a conservation warden appointed under s. 23.10.

(5) ―Service dog‖ means a dog that is trained for the purpose of assisting a person with a
sensory, mental, or physical disability or accommodating such a disability.

WIS. STAT. ANN. § 951.02 (2010). Mistreating animals
No person may treat any animal, whether belonging to the person or another, in a cruel
manner. This section does not prohibit bona fide experiments carried on for scientific
research or normal and accepted veterinary practices.




                    National Center for Prosecution of Child Abuse                      286
                          National District Attorney Association
WIS. STAT. ANN. § 951.03 (2010). Dognapping and catnapping
No person may take the dog or cat of another from one place to another without the
owner's consent or cause such a dog or cat to be confined or carried out of this state or
held for any purpose without the owner's consent. This section does not apply to law
enforcement officers or humane officers engaged in the exercise of their official duties.


WIS. STAT. ANN. § 951.04 (2010). Leading animal from motor vehicle
No person shall lead any animal upon a highway from a motor vehicle or from a trailer or
semitrailer drawn by a motor vehicle.

WIS. STAT. ANN. § 951.05 (2010). Transportation of animals
No person may transport any animal in or upon any vehicle in a cruel manner

WIS. STAT. ANN. § 951.06 (2010). Use of poisonous and controlled
substances
No person may expose any domestic animal owned by another to any known poisonous
substance, any controlled substance included in schedule I, II, III, IV or V of ch. 961, or
any controlled substance analog of a controlled substance included in schedule I or II of
ch. 961, whether mixed with meat or other food or not, so that the substance is liable to
be eaten by the animal and for the purpose of harming the animal. This section shall not
apply to poison used on one's own premises and designed for the purpose of rodent or
pest extermination nor to the use of a controlled substance in bona fide experiments
carried on for scientific research or in accepted veterinary practices.

WIS. STAT. ANN. § 951.07 (2010). Use of certain devices prohibited
No person may directly or indirectly, or by aiding, abetting or permitting the doing
thereof, either put, place, fasten, use or fix upon or to any animal used or readied for use
for a work purpose or for use in an exhibition, competition, rodeo, circus or other
performance, any of the following devices: a bristle bur, tack bur or like device; or a
poling device used to train a horse to jump which is charged with electricity or to which
have been affixed nails, tacks or other sharp points.

WIS. STAT. ANN. § 951.08 (2010). Instigating fights between animals
(1) No person may intentionally instigate, promote, aid or abet as a principal, agent or
employee, or participate in the earnings from, or intentionally maintain or allow any
place to be used for a cockfight, dog fight, bullfight or other fight between the same or
different kinds of animals or between an animal and a person. This section does not
prohibit events or exhibitions commonly featured at rodeos or bloodless bullfights.

(2) No person may own, possess, keep or train any animal with the intent that the animal
be engaged in an exhibition of fighting.



                    National Center for Prosecution of Child Abuse                       287
                          National District Attorney Association
(2m) If a person has been convicted under sub. (1) or (2), the person may not own,
possess, keep or train any animal for a period of 5 years after the conviction. In
computing the 5-year period, time which the person spent in actual confinement serving a
criminal sentence shall be excluded. The person may move the sentencing court to have
this requirement waived. The court may waive the requirement except that the waiver
may not authorize the person to own, possess, keep or train animals of the species
involved in the offense under sub. (1) or (2).

(3) No person may intentionally be a spectator at a cockfight, dog fight, bullfight or other
fight between the same or different kinds of animals or between an animal and a person.

WIS. STAT. ANN. § 951.09 (2010). Shooting at caged or staked animals
(1) No person may shoot, kill, or wound with a firearm, or with any deadly weapon, any
animal that is tied, staked out, caged or otherwise intentionally confined in an artificial
enclosure, regardless of size.

(2)(a) Whoever is concerned in the commission of a violation of this section is a principal
and may be charged with and convicted of the violation although he or she did not
directly commit it and although the person who directly committed it has not been
convicted of the violation.

(b) A person is concerned in the commission of a violation of this section under par. (a) if
the person does any of the following:

1. Instigates, promotes, aids, or abets the violation as a principal, agent, employee,
participant, or spectator.

2. Participates in any earnings from the commission of the violation.

3. Intentionally maintains or allows any place to be used for the commission of the
violation.

(3) This section does not apply to any of the following animals:

(b) A captive wild bird that is shot, killed, or wounded on a bird hunting preserve
licensed under s. 169.19.

(c) Farm-raised deer, as defined in s. 95.001(1)(ag).

(d) Animals that are treated in accordance with normally acceptable husbandry practices.

WIS. STAT. ANN. § 951.13 (2010). Providing proper food and drink to
confined animals
No person owning or responsible for confining or impounding any animal may fail to
supply the animal with a sufficient supply of food and water as prescribed in this section.

                    National Center for Prosecution of Child Abuse                       288
                          National District Attorney Association
(1) Food. The food shall be sufficient to maintain all animals in good health.

(2) Water. If potable water is not accessible to the animals at all times, it shall be
provided daily and in sufficient quantity for the health of the animal.

WIS. STAT. ANN. § 951.14 (2010). Providing proper shelter
No person owning or responsible for confining or impounding any animal may fail to
provide the animal with proper shelter as prescribed in this section. In the case of farm
animals, nothing in this section shall be construed as imposing shelter requirements or
standards more stringent than normally accepted husbandry practices in the particular
county where the animal or shelter is located.

(1) Indoor standards. Minimum indoor standards of shelter shall include:

(a) Ambient temperatures. The ambient temperature shall be compatible with the health
of the animal.

(b) Ventilation. Indoor housing facilities shall be adequately ventilated by natural or
mechanical means to provide for the health of the animals at all times.

(2) Outdoor standards. Minimum outdoor standards of shelter shall include:

(a) Shelter from sunlight. When sunlight is likely to cause heat exhaustion of an animal
tied or caged outside, sufficient shade by natural or artificial means shall be provided to
protect the animal from direct sunlight. As used in this paragraph, ―caged‖ does not
include farm fencing used to confine farm animals.

(b) Shelter from inclement weather. 1. Animals generally. Natural or artificial shelter
appropriate to the local climatic conditions for the species concerned shall be provided as
necessary for the health of the animal.

2. Dogs. If a dog is tied or confined unattended outdoors under weather conditions which
adversely affect the health of the dog, a shelter of suitable size to accommodate the dog
shall be provided.

(3) Space standards. Minimum space requirements for both indoor and outdoor
enclosures shall include:

(a) Structural strength. The housing facilities shall be structurally sound and maintained
in good repair to protect the animals from injury and to contain the animals.

(b) Space requirements. Enclosures shall be constructed and maintained so as to provide
sufficient space to allow each animal adequate freedom of movement. Inadequate space
may be indicated by evidence of debility, stress or abnormal behavior patterns.

                    National Center for Prosecution of Child Abuse                        289
                          National District Attorney Association
(4) Sanitation standards. Minimum standards of sanitation for both indoor and outdoor
enclosures shall include periodic cleaning to remove excreta and other waste materials,
dirt and trash so as to minimize health hazards.

WIS. STAT. ANN. § 951.15 (2010). Abandoning animals
No person may abandon any animal.

WIS. STAT. ANN. § 951.18 (2010). Penalties
(1) Any person violating s. 951.02, 951.025, 951.03, 951.04, 951.05, 951.06, 951.07,
951.09, 951.10, 951.11, 951.13, 951.14 or 951.15 is subject to a Class C forfeiture. Any
person who violates any of these provisions within 3 years after a humane officer issues
an abatement order under s. 173.11 prohibiting the violation of that provision is subject to
a Class A forfeiture. Any person who intentionally or negligently violates any of those
sections is guilty of a Class A misdemeanor. Any person who intentionally violates s.
951.02, resulting in the mutilation, disfigurement or death of an animal, is guilty of a
Class I felony. Any person who intentionally violates s. 951.02 or 951.06, knowing that
the animal that is the victim is used by a law enforcement agency to perform agency
functions or duties and causing injury to the animal, is guilty of a Class I felony.

(2) Any person who violates s. 951.08(2m) or (3) is guilty of a Class A misdemeanor.
Any person who violates s. 951.08(1) or (2) is guilty of a Class I felony for the first
violation and is guilty of a Class H felony for the 2nd or subsequent violation.

(2m) Any person who violates s. 951.095 is subject to a Class B forfeiture. Any person
who intentionally or negligently violates s. 951.095, knowing that the animal that is the
victim is used by a law enforcement agency or fire department to perform agency or
department functions or duties, is guilty of a Class A misdemeanor. Any person who
intentionally violates s. 951.095, knowing that the animal that is the victim is used by a
law enforcement agency or fire department to perform agency or department functions or
duties and causing injury to the animal, is guilty of a Class I felony. Any person who
intentionally violates s. 951.095, knowing that the animal that is the victim is used by a
law enforcement agency or fire department to perform agency or department functions or
duties and causing death to the animal, is guilty of a Class H felony.

(2s) Any person who violates s. 951.097(1)(b)1. or (2)(a), knowing that the dog that is the
victim is a service dog, is guilty of a Class B misdemeanor. Any person who violates s.
951.097(1)(b)2., (2)(b), or (3)(a), knowing that the dog that is the victim is a service dog,
is guilty of a Class A misdemeanor. Any person who violates s. 951.097(3)(b) or (4)(a),
knowing that the dog that is the victim is a service dog, is guilty of a Class I felony. Any
person who violates s. 951.097(4)(b) or (5), knowing that the dog that is the victim is a
service dog, is guilty of a Class H felony.

(3) In addition to penalties applicable to this chapter under this section, a district attorney
may apply to any court of competent jurisdiction for a temporary or permanent injunction
restraining any person from violating this chapter.

                    National Center for Prosecution of Child Abuse                         290
                          National District Attorney Association
(4) In addition to penalties applicable to this chapter under this section:

(a)1. In this paragraph, ―pecuniary loss‖ means any of the following:

a. All special damages, but not general damages, including the money equivalent of loss
resulting from property taken, destroyed, broken, or otherwise harmed and out-of-pocket
losses, such as medical expenses.

b. Reasonable out-of-pocket expenses incurred by the victim resulting from the filing of
charges or cooperating in the investigation and prosecution of an offense under this
chapter.

c. Expenses in keeping any animal that is involved in the crime.

d. In a case under s. 951.095 or 951.097, the value of a replacement animal, if the
affected animal is incapacitated or dead; the cost of training a replacement animal; or the
cost of retraining the affected animal. The court shall base any determination of the value
of a replacement service dog on the value of the service dog to the user and not on its cost
or fair market value.

e. In a case under s. 951.095 or 951.097, all related veterinary and care expenses.

f. In a case under s. 951.095 or 951.097, the medical expenses of the animal's user, the
cost of training the animal's user, and compensation for income lost by the animal's user.

2. A sentencing court shall require a criminal violator to pay restitution to a person,
including any local humane officer or society or county or municipal pound or a law
enforcement officer or conservation warden, for any pecuniary loss suffered by the
person as a result of the crime. This requirement applies regardless of whether the
criminal violator is placed on probation under s. 973.09. If restitution is ordered, the court
shall consider the financial resources and future ability of the criminal violator to pay and
shall determine the method of payment. Upon the application of any interested party, the
court shall schedule and hold an evidentiary hearing to determine the value of any
pecuniary loss under this paragraph.

(b)1. A sentencing court may order that an animal be delivered to the local humane
officer or society or the county or municipal pound or to a law enforcement officer if a
person commits a crime under this chapter, the person is the owner of the animal that is
involved in the crime and the court considers the order to be reasonable and appropriate.
A sentencing court may order that an animal be delivered to the department of natural
resources, if the animal is a wild animal that is subject to regulation under ch. 169 and the
court considers the order to be reasonable and appropriate. The society, pound or, officer
or department of natural resources shall release the animal to a person other than the
owner or dispose of the animal in a proper and humane manner. If the animal is a dog, the
release or disposal shall be in accordance with s. 173.23(1m), except that the fees under s.

                    National Center for Prosecution of Child Abuse                        291
                          National District Attorney Association
173.23(1m)(a)4. do not apply if the expenses are covered under s. 173.24. If the animal is
not a dog, the society, pound or officer may charge a fee for the release of the animal.

2. If the court is sentencing a person covered under s. 173.12 (3)(a) and an animal has
been seized under s. 173.12, the court shall act in accordance with s. 173.12 (3).

(c) Except as provided in s. 951.08(2m), a sentencing court may order that the criminal
violator may not own, possess or train any animal or type or species of animal for a
period specified by the court, but not to exceed 5 years. In computing the time period,
time which the person spent in actual confinement serving a sentence shall be excluded.



WYOMING
WYO. STAT. ANN. § 6-3-203 (2010). Cruelty to animals; penalties;
limitation on manner of destruction
(a) A person commits cruelty to animals if he knowingly and with intent to cause death,
injury or undue suffering:

(i) Overrides an animal or drives an animal when overloaded; or

(ii) Unnecessarily or cruelly beats, tortures, torments, injures, mutilates or attempts to kill
an animal; or

(iii) Carries an animal in a manner that poses undue risk of injury or death.

(b) A person commits cruelty to animals if he has the charge and custody of any animal
and unnecessarily fails to provide it with the proper food, drink or protection from the
weather, or cruelly abandons the animal, or in the case of immediate, obvious, serious
illness or injury, fails to provide the animal with appropriate care.

(c) A person commits aggravated cruelty to animals if he:

(i) Repealed by Laws 1987, ch. 91, § 2.

(ii) Owns, possesses, keeps or trains fowls or dogs with the intent to allow the dog or
fowl to engage in an exhibition of fighting with another dog or fowl;

(iii) Repealed by Laws 1987, ch. 91, § 2.

(iv) For gain causes or allows any dog or fowl to fight with another dog or fowl;

(v) Knowingly permits any act prohibited under paragraphs (ii) or (iv) of this subsection
on any premises under his charge or control; or

                    National Center for Prosecution of Child Abuse                         292
                          National District Attorney Association
(vi) Promotes any act prohibited under paragraphs (ii) or (iv) of this subsection.

(d) A person shall not destroy an animal by the use of a high-altitude decompression
chamber or a carbon monoxide gas chamber utilizing a gasoline engine. This subsection
is uniformly applicable to all cities and towns.

(e) Unless punishable under subsection (n) of this section, a violation of this section is a
misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not
more than seven hundred fifty dollars ($750.00), or both except that a subsequent offense
is a high misdemeanor punishable by not more than one (1) year imprisonment, a fine of
not more than five thousand dollars ($5,000.00), or both.

(f) Nothing in subsection (c) of this section may be construed to prohibit:

(i) The use of dogs in the management of livestock by the owner of the livestock, his
employees or agents or other persons in lawful custody of the livestock;

(ii) The use of dogs or raptors in hunting; or

(iii) The training of dogs or raptors or the use of equipment in the training of dogs or
raptors for any purpose not prohibited by law;

(iv) Repealed by Laws 2000, ch. 86, § 2.

(v) Repealed by Laws 2000, ch. 86, § 2.

(vi) Repealed by Laws 2000, ch. 86, § 2.

(g) A person commits cruelty to animals if he is knowingly present at any place where an
exhibition of fighting of fowls or dogs is occurring for amusement or gain.

(h) If a person convicted of a violation of this section is also the owner of the animal, the
court may require the person to forfeit ownership of the animal to the county in which the
person is convicted. This subsection shall not affect the interest of any secured party or
other person who has not participated in the offense.

(j) In addition to any sentence and penalties imposed under subsections (e), (h) and (n) of
this section, the court may:

(i) Require the defendant to pay all reasonable costs incurred in providing necessary food
and water, veterinary attention and treatment for any animal affected; and

(ii) Prohibit or limit the defendant's ownership, possession or custody of animals, as the
court deems appropriate.

                    National Center for Prosecution of Child Abuse                         293
                          National District Attorney Association
(k) Each animal affected by the defendant's conduct may constitute a separate count for
the purposes of prosecution, conviction, sentencing and penalties under this section.

(m) Nothing in subsection (a), (b) or (n) of this section shall be construed to prohibit:

(i) A person from humanely destroying an animal;

(ii) The use of industry accepted agricultural and livestock practices on livestock;

(iii) Rodeo events, whether the event is performed in a rodeo, jackpot or otherwise; or

(iv) The hunting, capture or destruction of any predatory animal or other wildlife in any
manner not otherwise prohibited by law.

(n) A person commits a felony if he commits aggravated cruelty to animals as defined in
subsection (c) of this section or knowingly and with intent to cause death, injury or undue
suffering, cruelly beats, tortures, torments, injures or mutilates an animal resulting in the
death or required euthanasia of the animal. A felony under this subsection or subsection
(c) of this section is punishable by not more than two (2) years imprisonment, a fine of
not more than five thousand dollars ($5,000.00), or both.



FEDERAL LEGISLATION
7 U.S.C.A. § 2131 (1976). Congressional statement of policy
The Congress finds that animals and activities which are regulated under this chapter are
either in interstate or foreign commerce or substantially affect such commerce or the free
flow thereof, and that regulation of animals and activities as provided in this chapter is
necessary to prevent and eliminate burdens upon such commerce and to effectively
regulate such commerce, in order--

(1) to insure that animals intended for use in research facilities or for exhibition purposes
or for use as pets are provided humane care and treatment;

(2) to assure the humane treatment of animals during transportation in commerce; and

(3) to protect the owners of animals from the theft of their animals by preventing the sale
or use of animals which have been stolen.

The Congress further finds that it is essential to regulate, as provided in this chapter, the
transportation, purchase, sale, housing, care, handling, and treatment of animals by
carriers or by persons or organizations engaged in using them for research or
experimental purposes or for exhibition purposes or holding them for sale as pets or for
any such purpose or use.

                    National Center for Prosecution of Child Abuse                          294
                          National District Attorney Association
7 U.S.C.A. § 2156 (2008). Animal fighting venture prohibition
(a) Sponsoring or exhibiting an animal in an animal fighting venture

(1) In general

Except as provided in paragraph (2), it shall be unlawful for any person to knowingly
sponsor or exhibit an animal in an animal fighting venture.

(2) Special rule for certain State

With respect to fighting ventures involving live birds in a State where it would not be in
violation of the law, it shall be unlawful under this subsection for a person to sponsor or
exhibit a bird in the fighting venture only if the person knew that any bird in the fighting
venture was knowingly bought, sold, delivered, transported, or received in interstate or
foreign commerce for the purpose of participation in the fighting venture.

(b) Buying, selling, delivering, possessing, training, or transporting animals for
participation in animal fighting venture

It shall be unlawful for any person to knowingly sell, buy, possess, train, transport,
deliver, or receive any animal for purposes of having the animal participate in an animal
fighting venture.

(c) Use of Postal Service or other interstate instrumentality for promoting or furthering
animal fighting venture

It shall be unlawful for any person to knowingly use the mail service of the United States
Postal Service or any instrumentality of interstate commerce for commercial speech for
purposes of advertising an animal, or an instrument described in subsection (e), for use in
an animal fighting venture, promoting or in any other manner furthering an animal
fighting venture except as performed outside the limits of the States of the United States.

(d) Violation of State law

Notwithstanding the provisions of subsection (c) of this section, the activities prohibited
by such subsection shall be unlawful with respect to fighting ventures involving live birds
only if the fight is to take place in a State where it would be in violation of the laws
thereof.

(e) Buying, selling, delivering, or transporting sharp instruments for use in animal
fighting venture

It shall be unlawful for any person to knowingly sell, buy, transport, or deliver in
interstate or foreign commerce a knife, a gaff, or any other sharp instrument attached, or
designed or intended to be attached, to the leg of a bird for use in an animal fighting
venture.
                     National Center for Prosecution of Child Abuse                     295
                           National District Attorney Association
(f) Investigation of violations by Secretary; assistance by other Federal agencies; issuance
of search warrant; forfeiture; costs recoverable in forfeiture or civil action

The Secretary or any other person authorized by him shall make such investigations as
the Secretary deems necessary to determine whether any person has violated or is
violating any provision of this section, and the Secretary may obtain the assistance of the
Federal Bureau of Investigation, the Department of the Treasury, or other law
enforcement agencies of the United States, and State and local governmental agencies, in
the conduct of such investigations, under cooperative agreements with such agencies. A
warrant to search for and seize any animal which there is probable cause to believe was
involved in any violation of this section may be issued by any judge of the United States
or of a State court of record or by a United States magistrate judge within the district
wherein the animal sought is located. Any United States marshal or any person
authorized under this section to conduct investigations may apply for and execute any
such warrant, and any animal seized under such a warrant shall be held by the United
States marshal or other authorized person pending disposition thereof by the court in
accordance with this subsection. Necessary care including veterinary treatment shall be
provided while the animals are so held in custody. Any animal involved in any violation
of this section shall be liable to be proceeded against and forfeited to the United States at
any time on complaint filed in any United States district court or other court of the United
States for any jurisdiction in which the animal is found and upon a judgment of forfeiture
shall be disposed of by sale for lawful purposes or by other humane means, as the court
may direct. Costs incurred for care of animals seized and forfeited under this section shall
be recoverable from the owner of the animals (1) if he appears in such forfeiture
proceeding, or (2) in a separate civil action brought in the jurisdiction in which the owner
is found, resides, or transacts business.

(g) Definitions

In this section--

(1) the term ―animal fighting venture‖ means any event, in or affecting interstate or
foreign commerce, that involves a fight conducted or to be conducted between at least 2
animals for purposes of sport, wagering, or entertainment, except that the term ―animal
fighting venture‖ shall not be deemed to include any activity the primary purpose of
which involves the use of one or more animals in hunting another animal;

(2) the term ―instrumentality of interstate commerce‖ means any written, wire, radio,
television or other form of communication in, or using a facility of, interstate commerce;

(3) the term ―State‖ means any State of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, and any territory or possession of the United States;

(4) the term ―animal‖ means any live bird, or any live mammal, except man.

                    National Center for Prosecution of Child Abuse                       296
                          National District Attorney Association
(h) Relationship to other provisions

The conduct by any person of any activity prohibited by this section shall not render such
person subject to the other sections of this chapter as a dealer, exhibitor, or otherwise.

(i) Conflict with State law

(1) In general

The provisions of this chapter shall not supersede or otherwise invalidate any such State,
local, or municipal legislation or ordinance relating to animal fighting ventures except in
case of a direct and irreconcilable conflict between any requirements thereunder and this
chapter or any rule, regulation, or standard hereunder.

(2) Omitted

(j) Criminal penalties

The criminal penalties for violations of subsection (a), (b), (c), or (e) are provided in
section 49 of Title 18.

18 U.S.C.A. § 2E3.1 (2008). Gambling Offenses; Animal Fighting
Offenses
(a) Base Offense Level: (Apply the greatest)

(1) 12, if the offense was (A) engaging in a gambling business; (B) transmission of
wagering information; or (C) committed as part of, or to facilitate, a commercial
gambling operation; or

(2) 10, if the offense involved an animal fighting venture; or

(3) 6, otherwise.

18 U.S.C. § 48 (1999). Depiction of animal cruelty
(a) Creation, sale, or possession.--Whoever knowingly creates, sells, or possesses a
depiction of animal cruelty with the intention of placing that depiction in interstate or
foreign commerce for commercial gain, shall be fined under this title or imprisoned not
more than 5 years, or both.

(b) Exception.--Subsection (a) does not apply to any depiction that has serious religious,
political, scientific, educational, journalistic, historical, or artistic value.

(c) Definitions.--In this section--



                    National Center for Prosecution of Child Abuse                          297
                          National District Attorney Association
(1) the term ―depiction of animal cruelty‖ means any visual or auditory depiction,
including any photograph, motion-picture film, video recording, electronic image, or
sound recording of conduct in which a living animal is intentionally maimed, mutilated,
tortured, wounded, or killed, if such conduct is illegal under Federal law or the law of the
State in which the creation, sale, or possession takes place, regardless of whether the
maiming, mutilation, torture, wounding, or killing took place in the State; and

(2) the term ―State‖ means each of the several States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and any other commonwealth, territory,
or possession of the United States.




U.S. TERRITORIES

AMERICAN SAMOA

GUAM
GUAM CODE ANN. tit. 9, § 70.10 (2009). Cruelty to Animals: Defined;
Exceptions; Penalty.
(a) A person commits a petty misdemeanor if he intentionally, knowingly or recklessly:

(1) subjects any animal to cruel mistreatment;
(2) subjects any animal in his custody to cruel neglect; or
(3) kills or injures any animal belonging to another without legal privilege or consent of
the owner.

(b) Subsection (a) shall not be applicable to:

(1) accepted veterinary practices and activities carried on for scientific research by public
or private schools or universities or medical institutions;
(2) the shooting or taking of game in such manner and at such times as is allowed or
provided by the laws of this Territory; or
(3) cockfighting in a manner and at such times and places as are authorized by law.

GUAM CODE ANN. tit. 9, § 70.11 (2008). Dogfighting: Defined: Penalty.
(a) (1) Dogfight means a fight, arranged by any person, between two (2) or more dogs the
purpose or probable result of which fight is the infliction of injury by one (1) dog upon
another.
                    National Center for Prosecution of Child Abuse                       298
                          National District Attorney Association
(2) Baiting means to provoke or to harass an animal with one (1) or more animals and/or
with drugs or other substances for the purpose of training an animal to engage in a
dogfight.

(b) A person commits a third degree felony if he knowingly:

(1) owns, possesses, keeps, trains, promotes, purchases, or sells any dog(s) with the intent
that the dog(s) shall be engaged in a dogfight;
(2) gambles or bets on the outcome of a dogfight and/or baiting;
(3) for amusement or gain, causes, allows, or permits any dog(s) to fight with another dog
or other animal or causes any dog(s) to injure each other or other animal; or
(4) is a spectator at an event involving the fighting of a dog(s).

Notwithstanding any other provision of law, the penalty for violations of Items (1), (2),
(3) and (4) of this paragraph shall be confinement in a correctional facility in accordance
with Article 2 of 9GCA Chapter 80 and a fine of not less than Five Thousand Dollars
($5,000) and no more than Ten Thousand Dollars ($10,000) or both per violation.


(c) A person commits a third degree felony if he:

(1) keeps, uses, be connected with or interested in the management of, or receives money
or other consideration for the admission of a person to, a place kept or used for the
purpose of fighting and/or baiting a dog(s);
(2) permits or suffers a place owned or controlled by him to be used as provided in Item
(1) of this paragraph;
(3) permits or suffers a place leased by him to be used as provided in Item (1) of this
paragraph;
(4) be present and witness, pay admission to, encourage, aid or assist in an activity
enumerated in Item (1) of this paragraph; or
(5) promotes, hosts or sponsors an activity enumerated in Item (1) of this paragraph.

Notwithstanding any other provision of law, the penalty for violations of Items (1), (2),
(3), (4) and (5) of this paragraph shall be confinement in a correctional facility in
accordance with Article 2 of 9GCA Chapter 80 and a fine of not less than Ten Thousand
Dollars ($10,000) and no more than Fifteen Thousand Dollars ($15,000) or both per
violation. Additionally, any person convicted of any violation of this paragraph may be
subject to seizure of any personal property, including vehicles, and real property at which
the dogfight was staged.


(d) Seizure of Dogs.

(1) A judge may order the seizure of alleged fighting dogs owned, possessed or kept by
any person.
                   National Center for Prosecution of Child Abuse                       299
                         National District Attorney Association
(2) The judge issuing an order for the seizure of a dog(s) as provided in Item (1) of this
paragraph may require the dog(s) to be impounded at an animal shelter or veterinary
clinic or hospital. The government unit which executes the seizure shall be responsible
for the cost of impoundment at the animal shelter, but the governmental unit is entitled to
receive reimbursement of those costs from the owner, possessor or keeper of the
impounded dog(s). If the owner, possessor or keeper of the dog(s) is subsequently
convicted of dogfighting under this Section, the Court may order the defendant to pay the
costs as restitution in the case.

(e) Nothing in this Section shall constitute a prohibition or ban on the possession, lawful
importation/exportation, breeding or selling of any breed of dog.


(f) Veterinarians and/or physicians and/or health professionals are required to report
suspected dogfighting incidents that come to their attention through the provision of
medical services to dogs to the Guam Police Department within five (5) days of learning
of dogfighting incidents. Failure to do so shall result in potential loss of licensure if
deemed appropriate by the appropriate licensure agencies.




PUERTO RICO
P.R. LAWS ANN. tit. 5, § 1651 (2009). Definitions
In this chapter, unless otherwise specified in the text:


(a) Animal.— Means any equine, bovine animal, sheep, goat, swine, dog, cat or any other
domestic animal or bird or any animal in captivity under the control of any person.


(b) Secretary.— Means Secretary of Justice.


(c) Owner.— In relation to an animal, includes any person having possession, charge,
custody or control of that animal.


(d) Police officer.— Includes a member of any Force established under any act to carry
out police functions, duties or powers.


(e) Veterinarian.— Means any person duly authorized to practice veterinary medicine.



                    National Center for Prosecution of Child Abuse                      300
                          National District Attorney Association
P.R. LAWS ANN. tit. 5, § 1652 (2009). Acts of cruelty generally
It shall be illegal that any person:


(1)(a) Overloads, overworks, beats, kicks, abuses, tortures or cruelly harms any animal;
or


(b) confines, ties, chains any animal unnecessarily or under such conditions or in such
manner or position that causes unnecessary suffering to that animal or in any place that is
not properly ventilated, lighted, protected or having not enough space or protection from
heat or coldness or weather inclemencies; or


(c) unnecessarily deprives that animal of food or water or provides it with too little; or


(d) exposes any poison or any poisoned liquid or combustible matter or infectious agent
or without taking the necessary precautions to prevent the latter from causing damage; or


(e) being the owner of any animal, keeps the same, deliberately or negligently in dirty or
parasitic conditions or allows it to become infected with external parasites or does not
provide medical or veterinary treatment if needed by the animal; or


(f) uses any equipment on an animal or any vehicle causing or that may cause harm to the
animal or any equipment or vehicle loaded in such manner that it may cause harm or
unnecessary suffering to such animal; or


(g) employs to drive, conduct, draw, or ride an animal that is sick or hurt or in such a
physical condition that it is unfit to do such work; or


(h) sets any trap or any device with the purpose of catching or destroying any animal that
need not be caught or destroyed to protect the property or to prevent sickness; or


(i) having set such traps or devices, does not check them personally daily, and does not
clean them of animals; or


(j) except under the authority of a permit issued by the Department of Transportation and
Public Works, sells any trap or device employed for catching an animal (other than a
rodent) to a person who is not a bona fide farmer; or
                    National Center for Prosecution of Child Abuse                     301
                          National District Attorney Association
(k) transports or carries such animal:


(1) under such conditions or in such manner or position that causes the animal
unnecessary suffering; or


(2) in conditions that do not provide adequate ventilation, light or shelter or in which the
animal is excessively exposed to heat, cold, weather inclemencies, sun, rain, or dust; or
without taking proper precautions so that such animal has enough food, water or rest; or


(l) without reasonable cause, administers any poison or poisonous substance to any
animal or causes injury to the latter; or


(m) being the owner of such animal, deliberately or without reasonable cause abandons it,
whether permanently or not, in circumstances that may cause unnecessary suffering to the
animal; or


(n) causes, provides or assists in the commission or omission of any of the
aforementioned acts; or being the owner of such animal, allows the commission or
omission of any of the acts hereinbefore mentioned; or


(o) voluntarily or without reason or negligently, does or forbears to do any act or gives
rise to or attempts that there is done or forborne any act, causing any unnecessary
suffering to any animal; or


(p) slaughters or allows the slaughter of any animal without being previously
unconscious; or


(q) provokes ferocity in a dog by using living animals; or


(r) tears away or mutilates parts from any living animal; or


(s) performs any painful operation on an animal in a nonprofessional way; or



                    National Center for Prosecution of Child Abuse                       302
                          National District Attorney Association
(t) limits the liberty to move of an animal or keeps animals in very small or narrow cages;
or


(u) employs an animal for training in pictures, exhibitions or similar purposes, even
though it may cause harm or pain to the health of the animal; or


(v) catches birds with nets or poisonous substances, or


(x) catches or kills songbirds or any other useful or decorative bird.


(2) For the purpose of this chapter, the owner of any animal shall be considered as if he
has permitted or attempted the commission or omission of any act related to that animal,
if by exercising reasonable care and supervision regarding said animal, the commisssion
or omission of said act could have been prevented.

P.R. LAWS ANN. tit. 5, § 1653 (2009). Persons convicted, penalties
When a person is convicted of an offense related to any animal under the terms of this
chapter, the court in addition to finding him guilty and imposing any penalty may:


(a) Order that the animal be slaughtered if in the judgment of the court it is cruel to keep
said animal alive.


(b) Order that the convicted person be deprived of possessing such animal.


(c) Prescribe any order related to such animal, which issuance is deemed pertinent to
comply with any of the preceding paragraphs.



U.S. VIRGIN ISLANDS
V.I. CODE ANN. tit. 14, § 180 (2010). Definitions [Animals and birds]
The following terms, wherever used or referenced in this chapter, shall have the
following meanings, unless a different meaning clearly appears from the context:




                    National Center for Prosecution of Child Abuse                       303
                          National District Attorney Association
(a) ‗Adequate care‗ means the provision of adequate food, clean water, shelter, sanitary
conditions, exercise, rest, and veterinary medical attention in order to maintain the animal
in a state of good health.


(b) ‗Adequate food‗ means the provision, at suitable intervals, of wholesome foodstuff,
suitable for the species and age of the animal and adequate to maintain a reasonable level
of nutrition to allow for proper growth and weight in the animal, all of which foodstuff is
served in a safe clean dish or container.


(c) ‗Animal‗ means any non-human mammal, bird, reptile or amphibian but does not
include any pest that might be exterminated.


(d) ‗Animal impound‗ means any premises designated by the Commissioner of
Agriculture, or his designated agent, for the purpose of impounding and caring for
animals.


(e) ‗To cause or permit unjustifiable pain‗ includes overloading, overworking,
overdriving, over exercising, tormenting, unjustifiably beating or cruelly whipping an
animal, using a disabled animal, maliciously abandoning or restraining an animal.


(f) ‗Humane society‗ and ‗animal shelter‗ mean a non-profit corporation organized under
the laws of the Virgin Islands as a humane society or shelter, or as a society or shelter for
the prevention of cruelty to animals.


(g) ‗Maliciously‗ means intentionally acting with a depravity of mind or reckless and
wanton disregard for life.


(h) ‗Neglect‗ means to fail to sufficiently and properly care for an animal to the extent
that the animal's health is jeopardized.


(i) ‗Owner‗ means any person that (1) has a right of property in an animal, (2) keeps or
harbors an animal, (3) has an animal in his care, or (4) acts as a custodian of an animal.


(j) ‗Person‗ includes any individual, partnership, corporation or association.




                    National Center for Prosecution of Child Abuse                          304
                          National District Attorney Association
(k) ‗Serious physical injury‗ means any injury that results in a serious or permanent
impairment of a bodily function, leaves the animal disfigured or causes prolonged pain or
impairment of health.


(l) ‗Shelter‗ means continuous and adequate protection from the elements, suitable for the
age and species of animal and weather conditions, to maintain the animal in a state of
good health, including appropriate space or provisions for adequate exercise.


(m) ‗State of good health‗ means freedom from disease and illness and in a condition of
proper cleanliness, body weight, and temperature for the age and species of the animal,
unless the animal is undergoing appropriate medical treatment.


(n) ‗Unnecessarily kills an animal‗ means an act that is not reasonably necessary to
terminate an animal's suffering, to protect the life of the actor or another person or
animal, or if other means of disposing of an animal exist which would not impair the
health or well being of the animal.


(o) ‗Provision of adequate water‗ means provision of potable water made continuously
available in a safe, clean dish, receptacle or container.

V.I. CODE ANN. tit. 14, § 181 (2010). Animal abuse in the first degree
Any person who maliciously or unnecessarily:


(a) kills any animal; or


(b) tortures, maims, mutilates, disfigures, wounds, or inflicts unjustifiable pain on any
animal; or


(c) forces, causes or induces a minor to maliciously or unnecessarily kill, torture, maim,
mutilate; maliciously disfigure, wound or inflict unjustifiable pain on any animal; or


(d) causes or permits the cropping of any animal's ears or the docking of any animal's tail
by a person other than a licensed veterinarian; or


(e) uses or traps to use domestic dogs, cats or any other animal as bait, prey or target or
other malicious activities, including for the purpose of, but not limited to, training dogs or
other animals to fight, excluding adult, male fowl used for the sport of cockfighting; or
                    National Center for Prosecution of Child Abuse                          305
                          National District Attorney Association
(f) administers any poison to an animal or exposes any poisonous substance with the
intent that the substance be taken or swallowed by the animal shall, for each offense, be
guilty of a felony punishable by imprisonment not exceeding two (2) years and fined not
less than $2,000, but not exceeding $5,000.

V.I. CODE ANN. tit. 14, § 182 (2010). nimal abuse in the second degree
Any person who intentionally or knowingly:


(a) causes, permits or inflicts unjustifiable or repeated physical pain, suffering or injury to
any animal; or


(b) leads any animal from any vehicle or from a trailer drawn by a motor vehicle in a
malicious or negligent manner; or


(c) transports an animal in a malicious manner or causes an animal to be transported in a
malicious manner that results in unreasonable pain and suffering; or


(d) maliciously kills, wounds or traps any bird; destroys any bird's nest; or removes any
eggs or young birds from any nest shall, for every such offense, be guilty of a
misdemeanor punishable by imprisonment not exceeding one (1) year or a fine of $500.

V.I. CODE ANN. tit. 14, § 183 (2010). Animal neglect in the first degree
Any person who intentionally, knowingly, recklessly or negligently:


(a) fails to provide an animal in such person's custody or control with adequate care, and
such failure causes serious physical injury or death to the animal; or


(b) abandons an animal or causes an animal to be abandoned in any place without making
provisions for the animal's adequate care, unless the premises are temporarily vacated for
the protection of human life during disaster; or


(c) disposes of any live animal at or into a dumpster or at any garbage disposal site; or


(d) allows an animal, including one who is aged, diseased, maimed, hopelessly sick,
disabled or nonambulatory to suffer torture or unnecessary neglect or pain; or

                    National Center for Prosecution of Child Abuse                          306
                          National District Attorney Association
(e) while operating a motor vehicle, hits or injures any animal and fails to make all
reasonable efforts to contact the owner of the animal and otherwise attend to the animal's
medical well-being; or


(f) confines an animal in a motor vehicle or other enclosed space in which the
temperature is so high as to cause or threaten serious harm to the animal; shall, for every
such offense, be guilty of a misdemeanor punishable by a fine not exceeding $3,000 and
up to 500 hours of community service.

V.I. CODE ANN. tit. 14, § 184 (2010). Animal neglect in the second degree
(a) Any person who intentionally, knowingly, recklessly or negligently fails to provide
adequate care for an animal in such person's custody and such failure causes the animal
needless suffering shall, for every such offense, be guilty of a misdemeanor punishable
by a fine of up to $500 and up to one hundred (100) hours of community service.


(b) If any domestic animal is at any time confined and continues to be confined without
necessary food and water for more than 24 consecutive hours, it is lawful for any person
designated by the Department of Agriculture, or any peace officer from time to time, as
may be considered necessary, to enter into and upon any pound or area in which the
animal is confined, and supply it with necessary food and water so long as it remains so
confined. Such a person is not liable for the entry and may collect the reasonable cost of
the food and water from the owner of the animal, and the owner is subject to enforcement
of a money judgment for the reasonable cost of such food and water.

V.I. CODE ANN. tit. 14, § 189 (2010). Dogs running at large
It is unlawful for any person owning, controlling, or having in their care or custody any
dog, whether licensed or unlicensed, to permit the dog to be upon any public street, alley,
or public place, or private places open to the public, or upon any unenclosed land or
property unless the dog is upon a leash, not exceeding six feet in length, and in the hands
of a person capable of controlling the dog.

V.I. CODE ANN. tit. 14, § 190 (2010). Ferocious, vicious or mischievous
animals
Whoever, owning a ferocious, vicious, or mischievous animal and knowing its
propensities-


(1) willfully suffers it to go at large; or


(2) keeps it without ordinary care-


                     National Center for Prosecution of Child Abuse                     307
                           National District Attorney Association
and such animal while so at large, or while not kept with ordinary care, kills or seriously
injures any human being who has taken all the precautions which the circumstances
permitted, or which a reasonable person would ordinarily take in the same situation, shall
be fined not more than $100 or imprisoned not more than 180 days, or both.

V.I. CODE ANN. tit. 14, § 191 (2010). Wrongful taking of animals
Any person not entitled to the possession of any animal who, without the consent of the
owner of said animal and with intent to deprive the owner, temporarily or permanently, of
the animal or its possession, takes, uses or rides said animal is guilty of a misdemeanor
and shall be fined not more than $1,000 or imprisoned not more than one year or both.

V.I. CODE ANN. tit. 14, § 193 (2010). Wrongful killing of animals for
personal use or financial gain
Any person not entitled to the possession of any animal or animals, who with the intent to
permanently deprive the owner of the same, kills the animal or animals for the purpose of
procuring the meat for his own personal use or to sell the meat or carcass for personal
gain is, if the total value of the animal or animals is $100 or more, guilty of a felony and
shall be subject to imprisonment for not more than two years or a fine of not more than
$1000 or both.

V.I. CODE ANN. tit. 14, § 2062 (2010). Bestiality
Whoever shall carnally copulate with a beast shall be imprisoned not more than 5 years.

V.I. CODE ANN. tit. 14, § 2063 (2010). Penetration required
Any sexual penetration, however slight, is sufficient to complete the crime specified in
sections 2061 and 2062 of this title.




                   National Center for Prosecution of Child Abuse                       308
                         National District Attorney Association

				
DOCUMENT INFO