Animal Protection Laws of The USA & Canada (5th Edition)

EDITOR
STEPHAN K. OTTO, ESQ.

Director of Legislative Affairs
Animal Legal Defense Fund
PREFACE
This is the fifth (and tenth anniversary) edition of the ANIMAL PROTECTION LAWS compendium.
The compendium contains the general animal protection and related statutes for all of the states,
principal districts and territories of the United States of America, and for all of Canada. In Canada, the
federal government enacts all criminal laws, which are applicable throughout the country. The provinces
and territories of Canada may enact quasi-criminal offenses and laws in other subject areas, and have
jurisdiction over most criminal and civil matters.
The compendium is organized into separate chapters for each jurisdiction. Chapters begin with a
detailed overview of the provisions contained in these laws, followed by the full text of the statutes
themselves. The various provisions are organized into categories. Within the first thirteen of these
categories, the relevant part of each statute is italicized. The last category provides a non-italicized
version of each of the previously referenced statutes, in numerical order. The penalties and related
provisions for categories 12 and 13 are generally located within each of those respective sections.
Embedded hyperlinks are utilized throughout the compendium to assist with navigation.
Some jurisdictions may employ similar provisions within other non-animal-specific criminal and
civil statutes; may have other more specific statutes in addition to those included; and may have a variety
of animal-related regulations in effect.
Because the law is continually evolving, always review an official source for the most current
language of any statute.
ACKNOWLEDGMENTS
The editor wishes to thank TRUDA L. PETERS for her substantive research contributions to this
edition.
© 2010 ANIMAL LEGAL DEFENSE FUND
Please send any comments/questions/additions/corrections to: legislation@aldf.org

UNITED STATES OF AMERICA
Alabama Alaska Arizona
Arkansas California Colorado
Connecticut Delaware Florida
Georgia Hawaii Idaho
Illinois Indiana Iowa
Kansas Kentucky Louisiana
Maine Maryland Massachusetts
Michigan Minnesota Mississippi
Missouri Montana Nebraska
Nevada New Hampshire New Jersey
New Mexico New York North Carolina
North Dakota Ohio Oklahoma
Oregon Pennsylvania Rhode Island
South Carolina South Dakota Tennessee
Texas Utah Vermont
Virginia Washington West Virginia
Wisconsin Wyoming
American Samoa District of Columbia Guam
Northern Mariana Islands Puerto Rico Virgin Islands
Canada Map
CANADA
Federal
Alberta
British Columbia
Manitoba
New Brunswick
Newfoundland & Labrador
Northwest Territories
Nova Scotia
Nunavut
Ontario
Prince Edward Island
Quebec
Saskatchewan
Yukon
USA Map
ANIMAL PROTECTION LAWS OF ALABAMA
ANIMAL PROTECTION LAWS OF ALABAMA
1. GENERAL PROHIBITIONS
2. PENALTIES
3. EXEMPTIONS
4. COUNSELING / EVALUATIONS
5. PROTECTIVE ORDERS
6. RESTITUTION / REIMBURSEMENT OF COSTS / BONDING & LIENS
7. SEIZURE / ON-SITE SUPERVISION
8. FORFEITURE / POSSESSION
9. CROSS ENFORCEMENT / REPORTING
10. VETERINARIAN REPORTING / IMMUNITY
11. LAW ENFORCEMENT POLICIES
12. SEXUAL ASSAULT
13. FIGHTING
14. REFERENCED STATUTES
This chapter contains Alabama’s general animal protection and related statutes enacted prior to November 2009. It
begins with a detailed overview of the provisions contained in these laws, followed by the full text of the statutes
themselves. The various provisions are organized into categories. Within the first thirteen of these categories, the
relevant part of each statute is italicized. Category 14 provides a non-italicized version of each of the previously
referenced statutes, in numerical order. The penalties and related provisions for categories 12 and 13 are generally
located within each of those respective sections.
Alabama may employ similar provisions within other non-animal-specific criminal and civil statutes; may have other
more specific statutes in addition to those included; and may have a variety of animal-related regulations in effect.
Because the law is continually evolving, always review an official source for the most current language of any statute.
ANIMAL PROTECTION LAWS OF THE USA & CANADA (5TH EDITION)

© 2010 Stephan K. Otto, Animal Legal Defense Fund
USA Map
ALABAMA
1. GENERAL PROHIBITIONS * (1)

Wanton or malicious injury to
animals
ALA. CODE § 3-1-10
(2)
Cruelty to animals
ALA. CODE § 13A-11-14
(3)
Cruelty in first or second degrees (applies
only to dogs and cats)
ALA. CODE § 13A-11-241
Animals Covered in Definition “The words ‘dog or cat’ as used in this article
shall mean any domesticated member of the
dog or cat family.”
ALA. CODE § 13A-11-240
Classification of Crimes (1)

Defined in statute
(2)
Class B misdemeanor
(3)
Class C felony
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ALABAMA continued
2. MAXIMUM PENALTIES ** (1), (2)

6 months county jail
or
6 months hard labor
ALA. CODE § 13A-5-7(a)(2)
and/or
$3,000 fine
ALA. CODE §§ 13A-5-12(a)(2), 3-1-10
(3)
10 years imprisonment (includes hard labor)
ALA. CODE § 13A-5-6(a)(3)
and
$15,000 fine
ALA. CODE § 13A-5-11(a)(3)
3. EXEMPTIONS *** 2, 9
ALA. CODE §§ 3-1-11, 13A-11-246
4. COUNSELING / EVALUATIONS † -----
5. PROTECTIVE ORDERS † -----
6. RESTITUTION / REIMBURSEMENT Upon conviction, court shall order fine

†
OF COSTS / BONDING & LIENS sentenced to be used as necessary for
restitution
ALA. CODE § 3-1-10
Cost of care is lien

ALA. CODE § 3-1-13
Note: See annotation on page AL-23
Upon conviction, owner may be ordered to

pay costs of care and euthanasia
ALA. CODE § 13a-11-245(c)(2)
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ALABAMA continued
7. SEIZURE / ON-SITE SUPERVISION Authorized officers, humane society

employees may seize animals
ALA. CODE § 3-1-13
Law enforcement officers, appointed trained

agents may seize dog or cat or order owner to
provide on-site care
ALA. CODE § 13A-11-243
8. FORFEITURE / POSSESSION † If owner does not reclaim animal within 10

days of lien notice, humane society has
disposition
ALA. CODE § 3-1-13
The court, at a hearing to be set within 20

days of seizure or order to provide care, may
order destruction or humane disposition of
seized dog or cat or enjoin further possession
or custody of unseized dog or cat, if owner is
found unable, unwilling or unfit to adequately
provide for, protect, and have custody of dog
or cat
ALA. CODE § 13A-11-245
9. CROSS ENFORCEMENT / REPORTING -----
10. VETERINARIAN REPORTING / IMMUNITY -----
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ALABAMA continued
11. LAW ENFORCEMENT POLICIES County commissions may employ persons to

enforce all laws for the prevention of cruelty
to animals; such officers shall have the same
powers as deputy sheriffs
ALA. CODE § 3-1-16
Any county or municipality may appoint

trained agents to inspect alleged violations
and to protect and prevent cruelty to dogs or
cats
ALA. CODE § 13A-11-242
No liability for actions taken in good faith for

county, municipality, employees or agents,
regardless of final disposition of dog or cat
ALA. CODE § 13A-11-243
12. SEXUAL ASSAULT -----
13. FIGHTING Various dogfighting activities are Class C

felonies; dogs shall be seized as contraband
and humanely destroyed or disposed.
ALA. CODE § 3-1-29
Keeping a cockpit and cockfighting is a

violation punishable with a fine between $20
and $50
ALA. CODE § 13A-12-4
Unlawful bear exploitation is a Class B

felony
Various hog and dogfighting activities are

Class A misdemeanors on first offense, Class
C felonies on subsequent offenses
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ALABAMA continued
Other Felony Provisions Affecting Animals ‡ Killing or injuring livestock belonging to

another and on property of owner is a Class C
felony
ALA. CODE § 3-1-11.1
* States may have other more specific statutes in addition to the general animal protection statutes referenced in this table.
** Despite statutory maximums, states often employ sentencing guidelines that may significantly alter the allowable sentence.
*** Exemptions:1-veterinary practice, 2-research animals, 3-wildlife, 4-traditional farm animal husbandry practices, 5-slaughter, 6-pest control,
7-rodeo, 8-zoos/circuses, 9-other.
† This table generally references only those provisions that are within each state’s animal protection statutes. States may employ similar
provisions within other non-animal-specific criminal and civil statutes, and may also have a variety of animal-related regulations in effect.
‡ This list is not exhaustive; states may authorize felony penalties for other crimes involving animals not included in this table.
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ALA. CODE § 3-1-10 (2009). Wanton, malicious, etc., destruction, injury, etc., of animal or
article or commodity of value of another -- Prohibited.
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 § 13A-11-14 (2009). 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.
(b) Cruelty to animals is a Class B misdemeanor.
ALA. CODE § 13A-11-240 (2009). Definitions.
(a) The word "torture" as used in this article 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 article 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 article shall mean any domesticated member of the
dog or cat family.
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ALA. CODE § 13A-11-241 (2009). Cruelty in first and second degrees.
(a) A person commits the crime of cruelty to a dog or cat in the first degree if he or she
intentionally tortures any dog or cat or skins a domestic dog or cat or offers for sale or
exchange or offers to buy or exchange the fur, hide, or pelt of a domestic dog or cat. Cruelty to a
dog or cat in the first degree is a Class C felony. A conviction for a felony pursuant to this
section shall not be considered a felony for purposes of the Habitual Felony Offender Act,
Section 13A-5-9 to 13A-5-10.1, inclusive.
(b) A person commits the crime of cruelty to a dog or cat in the second degree if he or she, in a
cruel manner, overloads, overdrives, deprives of necessary sustenance or shelter, unnecessarily
or cruelly beats, injuries, mutilates, or causes the same to be done. Cruelty to a dog or cat in the
second degree is a Class A misdemeanor.
ALA. CODE § 13A-11-247 (2009). Construction.
This article shall not be construed to repeal other criminal laws. Whenever conduct prescribed
by any provision of this article is also prescribed by any other provision of law, the provision
which carries the more serious penalty shall be applied.
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2. PENALTIES
ALA. CODE § 13A-5-6 (2009). Sentences of imprisonment for felonies.
(a) Sentences for felonies shall be for a definite term of imprisonment, which imprisonment
includes hard labor, within the following limitations:
(1) For a Class A felony, for life or not more than 99 years or less than 10 years.
(2) For a Class B felony, not more than 20 years or less than 2 years.
(3) For a Class C felony, not more than 10 years or less than 1 year and 1 day.
(4) For a Class A felony in which a firearm or deadly weapon was used or attempted to
be used in the commission of the felony, or a Class A felony criminal sex offense
involving a child as defined in Section 15-20-21(5), not less than 20 years.
(5) For a Class B or C felony in which a firearm or deadly weapon was used or attempted
to be used in the commission of the felony, or a Class B felony criminal sex offense
(b) The actual time of release within the limitations established by subsection (a) of this section
shall be determined under procedures established elsewhere by law.
(c) In addition to any penalties heretofore or hereafter provided by law, in all cases where an
offender is designated as a sexually violent predator pursuant to Section 15-20-25.3, or where an
offender is convicted of a Class A felony criminal sex offense involving a child as defined in
Section 15-20- 21(5), and is sentenced to a county jail or the Alabama Department of
Corrections, the sentencing judge shall impose an additional penalty of not less than 10 years of
post-release supervision to be served upon the defendant's release from incarceration.
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ALA. CODE § 13A-5-7 (2009). Sentences of imprisonment for misdemeanors and violations.
(a) Sentences for misdemeanors shall be a definite term of imprisonment in the county jail or to
hard labor for the county, within the following limitations:
(1) For a Class A misdemeanor, not more than one year.
(2) For a Class B misdemeanor, not more than six months.
(3) For a Class C misdemeanor, not more than three months.
(b) Sentences for violations shall be for a definite term of imprisonment in the county jail, not to
exceed 30 days.
ALA. CODE § 13A-5-11 (2009). Fines for felonies.
(a) A sentence to pay a fine for a felony shall be for a definite amount, fixed by the court, within
the following limitations:
(1) For a Class A felony, not more than $60,000;
(2) For a Class B felony, not more than $30,000;
(3) For a Class C felony, not more than $15,000; or
(4) Any amount not exceeding double the pecuniary gain to the defendant or loss to the
victim caused by the commission of the offense.
(b) As used in this section, "gain" means the amount of money or the value of property derived
from the commission of the crime, less the amount of money or the value of property returned to
the victim of the crime or seized or surrendered to lawful authority prior to the time sentence is
imposed. "Value" shall be determined by the standards established in subdivision (14) of Section
13A-8-1.
(c) The court may conduct a hearing upon the issue of defendant's gain or the victim's loss from
the crime according to procedures established by rule of court.
(d) This section shall not apply if a higher fine is otherwise authorized by law for a specific
crime.
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ALA. CODE § 13A-5-12 (2009). Fines for misdemeanors and violations.
(a) A sentence to pay a fine for a misdemeanor shall be for a definite amount, fixed by the court,
within the following limitations:
(1) For a Class A misdemeanor, not more than $6,000;
(2) For a Class B misdemeanor, not more than $3,000;
(3) For a Class C misdemeanor, not more than $500; or
(b) A sentence to pay a fine for a violation shall be for a definite amount, fixed by the court, not
to exceed $200, or any amount not exceeding double the pecuniary gain to the defendant or loss
to the victim caused by the commission of the offense.
(c) As used in this section, "gain" means the amount of money or the value of property derived
13A-8-1
(d) The court may conduct a hearing upon the issue of defendant's gain or the victim's loss from
This article shall not be construed to repeal other criminal laws. Whenever conduct prescribed by
any provision of this article is also prescribed by any other provision of law, the provision which
carries the more serious penalty shall be applied.
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3. EXEMPTIONS
article or commodity of value of another -- Proof of trespassing by animal mitigation or
justification of offense; tender of compensation.
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
there to 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 § 13A-11-246 (2009). Applicability.
This article shall not apply to any of the following persons or institutions:
(1) Academic and research enterprises that use dogs or cats for medical or pharmaceutical
research or testing.
(2) Any owner of a dog or cat who euthanizes the dog or cat for humane purposes.
(3) Any person who kills a dog or cat found outside of the owned or rented property of the owner
or custodian of the dog or cat when the dog or cat threatens immediate physical injury or is
causing physical injury to any person, animal, bird, or silvicultural or agricultural industry.
(4) A person who shoots a dog or cat with a BB gun not capable of inflicting serious injury when
the dog or cat is defecating or urinating on the person's property.
(5) A person who uses a training device, anti-bark collar, or an invisible fence on his or her own
dog or cat or with permission of the owner.
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ALA. CODE § 3-1-13 (2009). Right of officers, etc., of humane societies to take charge of and
care for neglected or abused animals; written notice to owner from whom animal taken;
lien for expenses for care and keeping of animal.
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. 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.
ANNOTATION:
The statute is unconstitutional on due process grounds. Humane Soc. of Marshall County v. Adams, 439 So.2d 150
(Ala.1983).
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ALA. CODE § 13A-11-245 (2009). Disposition of animal.
(a) The law enforcement officer or agent of the county or municipality may provide for the dog
or cat until either the dog or cat is returned to the owner by the court, or the court refuses to
return the dog or cat to the owner and implements one of the procedures pursuant to subsection
(c).
(b) If the owner is adjudged by the court, with certification from a licensed veterinarian, to be
able to provide adequately for and have custody of the dog or cat, the dog or cat shall be returned
to the owner.
(c) If the court determines that the owner of the dog or cat is unable, unwilling, or unfit to
adequately provide for, protect, and have custody of the dog or cat, the court may implement the
following by court order:
(1) Upon the testimony of the person taking custody, a licensed veterinarian, or another
qualified witness that the dog or cat requires destruction or other disposition for humane
reasons or is of no commercial value, order the dog or cat destroyed or remanded directly
to the custody of the dog or cat control, humane shelter, or similar facility designated by
the county or the municipality or other appropriate person to be disposed of by the
facility or person in a humane manner.
(2) Upon proof of the costs incurred by the agent or agency having custody of the dog or
cat, order that the owner pay any costs incurred for the care of the dog or cat and for any
costs incurred in destroying the dog or cat. A separate hearing may be held by the judge
of the district court on the assessment of costs, which assessment shall include all costs
of notice and hearing. In the event the court finds the owner innocent of charges, the
owner shall not be charged with costs of the care of the dog or cat in custody.
(d) If the court determines that the owner is unable, unwilling, or unfit to adequately provide for
and protect any other dog or cat in the custody of the owner that was not originally seized by the
agency, agent, or other person when the dog or cat in custody was seized, the court may enjoin
the owner of further possession or custody of the unseized dog or cat.
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ANNOTATION:
(Ala.1983).
ALA. CODE § 13A-11-243 (2009). Powers of agents, officers; liability.
(a) Any law enforcement officer and any agent of the county or the municipality appointed
pursuant to Section 13A-11-242, having reasonable belief, evidence of, or having found a dog or
cat to be neglected or cruelly treated may perform either of the following:
(1) Remove the dog or cat from its present location.

(2) Order the owner of the dog or cat to provide certain care to the dog or cat at the
owner's expense without the removal of the dog or cat from its present location.
(b) Neither the county or municipality, nor any employee or agent of the county or municipality,
acting in good faith, shall be liable for any actions taken under this section, regardless of whether
or not the dog or cat is returned to its owner after impoundment.
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ANNOTATION:
(Ala.1983).
ALA. CODE § 13A-11-244 (2009). Hearing.
(a) The law enforcement officer or any agent of the county or of the municipality, without the
requirement of any fee or charge for court costs, shall immediately petition the municipal court
if the violation involves a municipal ordinance or the district court in the county in which the
dog or cat is found for a hearing to be set within 20 days of seizure of the dog or cat or issuance
of the order to provide care. The hearing shall be held not more than 10 days after the setting of
the date to determine whether the owner, if known, is able to provide adequately and protectively
for the dog or cat and is fit to have custody of the dog or cat. The hearing shall be concluded and
the court order entered within 30 days after the date the hearing is commenced.
(b) The owner, at least five days prior to holding such a hearing, shall be notified of the date of
the hearing to determine if the owner is able to provide adequately and protectively for the dog
or cat and is fit to have custody of the dog or cat.
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(c).
able to provide adequately for and have custody of the dog or cat, the dog or cat shall be
returned to the owner.
reasons or is of no commercial value, order the dog or cat destroyed or remanded
directly to the custody of the dog or cat control, humane shelter, or similar facility
designated by the county or the municipality or other appropriate person to be disposed
of by the facility or person in a humane manner.
of the district court on the assessment of costs, which assessment shall include all costs of
notice and hearing. In the event the court finds the owner innocent of charges, the owner
shall not be charged with costs of the care of the dog or cat in custody.
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ALA. CODE § 3-1-16 (2009). Prevention of cruelty to animals; enforcement officers
The county commissions of the respective counties of this state may employ a suitable person or
persons who shall be charged specially with the duty of enforcing all laws for the prevention of
cruelty to animals, and to fix the compensation of such officer or officers, which shall be paid in
the same manner as other salaries of county employees are paid, and such officer or officers,
upon taking the oath as required to be taken by deputy sheriffs, shall be vested with all powers
now vested by law in deputy sheriffs.
ALA. CODE § 13A-11-242 (2009). Appointment of agents.
Any county or municipality may appoint one or more trained agents to inspect alleged violations
of this article, to protect dogs or cats from any cruelty charged, and to prevent any cruelty to
any dog or cat. Any appointment made pursuant to this section shall be made at a meeting of the
local governing body duly called with notice.
acting in good faith, shall be liable for any actions taken under this section, regardless of
whether or not the dog or cat is returned to its owner after impoundment.
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12. SEXUAL ASSAULT
-----
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13. FIGHTING
ALA. CODE § 3-1-29 (2009). Activities relating to fighting of dogs prohibited; punishment;
confiscation; procedures for disposition of animals.
(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.
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(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 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.
ALA. CODE § 13A-12-4 (2009). Keeping cockpit; cockfighting.
Any person who keeps a cockpit or who in any public place fights cocks shall, on conviction, be
fined not less than $20.00 nor more than $50.00.
ALA. CODE § 13A-12-5 (2009). Unlawful bear exploitation; penalties.
(a) A person commits the offense of unlawful bear exploitation if he or she knowingly does any
one of the following:
(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.
(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.
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(b) Unlawful bear exploitation is a Class B felony and is punishable as provided by law.
(c) Upon the arrest of any person for violating this section, the arresting law enforcement
officer, conservation officer, or animal control officer shall have authority to seize and take
custody of any bear in the possession of the arrested person.
(d) Upon the conviction of any person for violating the provisions of this section, any court of
competent jurisdiction shall have authority to order the forfeiture by the convicted person of any
bear, the use of which was the basis of the conviction. Any bears ordered forfeited under this
section shall be placed in the custody of a humane shelter, a society that is incorporated for the
prevention of cruelty to animals, or the state Department of Conservation and Natural
Resources.
(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 a
humane shelter or a society that is incorporated for the prevention of cruelty to animals for
housing, feeding, or providing medical treatment to bears used for unlawful wrestling.
ALA. CODE § 13A-12-6 (2009). Hog and canine fighting.
(a) As used in this section, the term "hog" shall mean a pig, swine, or boar.
(b) The crime of hog and canine fighting occurs when a person organizes or conducts any
commercial or private event, commonly referred to as a "catch," wherein there is a display of
combat or fighting between 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.
(c) The crime of hog and canine fighting occurs when a person intentionally does any of the
following for the purpose of organizing, conducting, or financially or materially supporting any
event as provided in subsection (b):
(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.
(d) 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 this section.
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(e) A violation of this section is a Class A misdemeanor upon conviction for a first offense. A
second or subsequent violation is a Class C felony. After a first violation, a judge shall inform
the defendant of the enhanced penalty upon a second or subsequent violation.
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article or commodity of value of another -- Proof of trespassing by animal mitigation or
justification of offense; tender of compensation.
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
there to 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.
ANNOTATION:
(Ala.1983).
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ALA. CODE § 3-1-16 (2009). Prevention of cruelty to animals; enforcement officers
The county commissions of the respective counties of this state may employ a suitable person or
persons who shall be charged specially with the duty of enforcing all laws for the prevention of
cruelty to animals, and to fix the compensation of such officer or officers, which shall be paid in
the same manner as other salaries of county employees are paid, and such officer or officers,
upon taking the oath as required to be taken by deputy sheriffs, shall be vested with all powers
now vested by law in deputy sheriffs.
ALA. CODE § 3-1-29 (2009). Activities relating to fighting of dogs prohibited; punishment;
confiscation; procedures for disposition of animals.
(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.
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(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 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.
ALA. CODE § 13A-5-6 (2009). Sentences of imprisonment for felonies.
(a) Sentences for felonies shall be for a definite term of imprisonment, which imprisonment
includes hard labor, within the following limitations:
(1) For a Class A felony, for life or not more than 99 years or less than 10 years.
(2) For a Class B felony, not more than 20 years or less than 2 years.
(3) For a Class C felony, not more than 10 years or less than 1 year and 1 day.
(4) For a Class A felony in which a firearm or deadly weapon was used or attempted to
be used in the commission of the felony, or a Class A felony criminal sex offense
(5) For a Class B or C felony in which a firearm or deadly weapon was used or attempted
to be used in the commission of the felony, or a Class B felony criminal sex offense
(b) The actual time of release within the limitations established by subsection (a) of this section
shall be determined under procedures established elsewhere by law.
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(c) In addition to any penalties heretofore or hereafter provided by law, in all cases where an
offender is designated as a sexually violent predator pursuant to Section 15-20-25.3, or where an
offender is convicted of a Class A felony criminal sex offense involving a child as defined in
Section 15-20- 21(5), and is sentenced to a county jail or the Alabama Department of
Corrections, the sentencing judge shall impose an additional penalty of not less than 10 years of
post-release supervision to be served upon the defendant's release from incarceration.
ALA. CODE § 13A-5-7 (2009). Sentences of imprisonment for misdemeanors and violations.
(a) Sentences for misdemeanors shall be a definite term of imprisonment in the county jail or to
hard labor for the county, within the following limitations:
(1) For a Class A misdemeanor, not more than one year.
(2) For a Class B misdemeanor, not more than six months.
(3) For a Class C misdemeanor, not more than three months.
(b) Sentences for violations shall be for a definite term of imprisonment in the county jail, not to
exceed 30 days.
ALA. CODE § 13A-5-11 (2009). Fines for felonies.
(a) A sentence to pay a fine for a felony shall be for a definite amount, fixed by the court, within
the following limitations:
(1) For a Class A felony, not more than $60,000;
(2) For a Class B felony, not more than $30,000;
(3) For a Class C felony, not more than $15,000; or
(b) As used in this section, "gain" means the amount of money or the value of property derived
13A-8-1.
(c) The court may conduct a hearing upon the issue of defendant's gain or the victim's loss from
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(d) This section shall not apply if a higher fine is otherwise authorized by law for a specific
crime.
ALA. CODE § 13A-5-12 (2009). Fines for misdemeanors and violations.
(a) A sentence to pay a fine for a misdemeanor shall be for a definite amount, fixed by the court,
within the following limitations:
(1) For a Class A misdemeanor, not more than $6,000;
(2) For a Class B misdemeanor, not more than $3,000;
(3) For a Class C misdemeanor, not more than $500; or
(b) A sentence to pay a fine for a violation shall be for a definite amount, fixed by the court, not
to exceed $200, or any amount not exceeding double the pecuniary gain to the defendant or loss
to the victim caused by the commission of the offense.
(c) As used in this section, "gain" means the amount of money or the value of property derived
13A-8-1
(d) The court may conduct a hearing upon the issue of defendant's gain or the victim's loss from
ALA. CODE § 13A-11-14 (2009). Cruelty to animals.
(a) A person commits the crime of cruelty to animals if, except as otherwise authorized by law,
he intentionally or recklessly:
(2) Subjects any animal in his custody to cruel neglect; or
(3) Kills or injures without good cause any animal belonging to another.
(b) Cruelty to animals is a Class B misdemeanor.

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ALA. CODE § 13A-11-240 (2009). Definitions.
(a) The word "torture" as used in this article 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 article 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 article shall mean any domesticated member of the dog
or cat family.
ALA. CODE § 13A-11-241 (2009). Cruelty in first and second degrees.
(a) A person commits the crime of cruelty to a dog or cat in the first degree if he or she
intentionally tortures any dog or cat or skins a domestic dog or cat or offers for sale or exchange
or offers to buy or exchange the fur, hide, or pelt of a domestic dog or cat. Cruelty to a dog or cat
in the first degree is a Class C felony. A conviction for a felony pursuant to this section shall not
be considered a felony for purposes of the Habitual Felony Offender Act, Section 13A-5-9 to
13A-5-10.1, inclusive.
(b) A person commits the crime of cruelty to a dog or cat in the second degree if he or she, in a
cruel manner, overloads, overdrives, deprives of necessary sustenance or shelter, unnecessarily
or cruelly beats, injuries, mutilates, or causes the same to be done. Cruelty to a dog or cat in the
second degree is a Class A misdemeanor.
ALA. CODE § 13A-11-242 (2009). Appointment of agents.
Any county or municipality may appoint one or more trained agents to inspect alleged violations
of this article, to protect dogs or cats from any cruelty charged, and to prevent any cruelty to any
dog or cat. Any appointment made pursuant to this section shall be made at a meeting of the
local governing body duly called with notice.
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acting in good faith, shall be liable for any actions taken under this section, regardless of whether
or not the dog or cat is returned to its owner after impoundment.
ALA. CODE § 13A-11-244 (2009). Hearing.
(a) The law enforcement officer or any agent of the county or of the municipality, without the
requirement of any fee or charge for court costs, shall immediately petition the municipal court if
the violation involves a municipal ordinance or the district court in the county in which the dog
or cat is found for a hearing to be set within 20 days of seizure of the dog or cat or issuance of
the order to provide care. The hearing shall be held not more than 10 days after the setting of the
date to determine whether the owner, if known, is able to provide adequately and protectively for
the dog or cat and is fit to have custody of the dog or cat. The hearing shall be concluded and the
court order entered within 30 days after the date the hearing is commenced.
(b) The owner, at least five days prior to holding such a hearing, shall be notified of the date of
the hearing to determine if the owner is able to provide adequately and protectively for the dog
or cat and is fit to have custody of the dog or cat.
(c).
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able to provide adequately for and have custody of the dog or cat, the dog or cat shall be returned
to the owner.
reasons or is of no commercial value, order the dog or cat destroyed or remanded directly
to the custody of the dog or cat control, humane shelter, or similar facility designated by
the county or the municipality or other appropriate person to be disposed of by the
facility or person in a humane manner.
of the district court on the assessment of costs, which assessment shall include all costs of
notice and hearing. In the event the court finds the owner innocent of charges, the owner
shall not be charged with costs of the care of the dog or cat in custody.
ALA. CODE § 13A-11-246 (2009). Applicability.
This article shall not apply to any of the following persons or institutions:
(1) Academic and research enterprises that use dogs or cats for medical or pharmaceutical
research or testing.
(2) Any owner of a dog or cat who euthanizes the dog or cat for humane purposes.
(3) Any person who kills a dog or cat found outside of the owned or rented property of the owner
or custodian of the dog or cat when the dog or cat threatens immediate physical injury or is
causing physical injury to any person, animal, bird, or silvicultural or agricultural industry.
(4) A person who shoots a dog or cat with a BB gun not capable of inflicting serious injury when
the dog or cat is defecating or urinating on the person's property.
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(5) A person who uses a training device, anti-bark collar, or an invisible fence on his or her own
dog or cat or with permission of the owner.
This article shall not be construed to repeal other criminal laws. Whenever conduct prescribed by
any provision of this article is also prescribed by any other provision of law, the provision which
carries the more serious penalty shall be applied.
ALA. CODE § 13A-12-4 (2009). Keeping cockpit; cockfighting.
Any person who keeps a cockpit or who in any public place fights cocks shall, on conviction, be
fined not less than $20.00 nor more than $50.00.
ALA. CODE § 13A-12-5 (2009). Unlawful bear exploitation; penalties.
(a) A person commits the offense of unlawful bear exploitation if he or she knowingly does any
one of the following:
(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.
(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.
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(b) Unlawful bear exploitation is a Class B felony and is punishable as provided by law.
(c) Upon the arrest of any person for violating this section, the arresting law enforcement officer,
conservation officer, or animal control officer shall have authority to seize and take custody of
any bear in the possession of the arrested person.
(d) Upon the conviction of any person for violating the provisions of this section, any court of
competent jurisdiction shall have authority to order the forfeiture by the convicted person of any
bear, the use of which was the basis of the conviction. Any bears ordered forfeited under this
section shall be placed in the custody of a humane shelter, a society that is incorporated for the
prevention of cruelty to animals, or the state Department of Conservation and Natural Resources.
require the defendant to make restitution to the state, any of its political subdivisions, or a
humane shelter or a society that is incorporated for the prevention of cruelty to animals for
housing, feeding, or providing medical treatment to bears used for unlawful wrestling.
ALA. CODE § 13A-12-6 (2009). Hog and canine fighting.
(a) As used in this section, the term "hog" shall mean a pig, swine, or boar.
(b) The crime of hog and canine fighting occurs when a person organizes or conducts any
commercial or private event, commonly referred to as a "catch," wherein there is a display of
combat or fighting between 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.
(c) The crime of hog and canine fighting occurs when a person intentionally does any of the
following for the purpose of organizing, conducting, or financially or materially supporting any
event as provided in subsection (b):
(d) 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 this section.
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(e) A violation of this section is a Class A misdemeanor upon conviction for a first offense. A
second or subsequent violation is a Class C felony. After a first violation, a judge shall inform
the defendant of the enhanced penalty upon a second or subsequent violation.
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ANIMAL PROTECTION LAWS OF ALASKA
ANIMAL PROTECTION LAWS OF ALASKA
2. PENALTIES
3. EXEMPTIONS
12. SEXUAL ASSAULT
13. FIGHTING
This chapter contains Alaska’s general animal protection and related statutes enacted prior to November 2009. It begins
with a detailed overview of the provisions contained in these laws, followed by the full text of the statutes themselves. The
various provisions are organized into categories. Within the first thirteen of these categories, the relevant part of each
statute is italicized. Category 14 provides a non-italicized version of each of the previously referenced statutes, in
numerical order. The penalties and related provisions for categories 12 and 13 are generally located within each of
those respective sections.
Alaska may employ similar provisions within other non-animal-specific criminal and civil statutes; may have other more
specific statutes in addition to those included; and may have a variety of animal-related regulations in effect. Because
the law is continually evolving, always review an official source for the most current language of any statute.

USA Map
ALASKA
1. GENERAL PROHIBITIONS * Cruelty to animals

ALASKA STAT. § 11.61.140
Animals Covered in Definition “…[V]ertebrate living creature not a human

being, but does not include fish”
ALASKA STAT. § 11.81.900(b)(3)
Classification of Crimes [First two offenses]:

Class A misdemeanor
[Third offense within ten years of first two

animal cruelty or fighting offenses]:
Class C felony
2. MAXIMUM PENALTIES ** [First two offenses]:

1 year imprisonment
ALASKA STAT. § 12.55.135(a)
and/or
$10,000 fine
ALASKA STAT. § 12.55.035(b)(5)
or
365 day fine units
ALASKA STAT. § 12.55.036(b)(1)
[Third offense within ten years of first two

animal cruelty or fighting offenses]:
5 years imprisonment
ALASKA STAT. § 12.55.125(e)
and
$50,000 fine
ALASKA STAT. § 12.55.035(b)(4)
3. EXEMPTIONS *** 1, 2, 3, 4, 7, 9
ALASKA STAT. § 11.61.140(c),(e)
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ALASKA continued
6. RESTITUTION / REIMBURSEMENT To prevent adoption or destruction of a seized

†
OF COSTS / BONDING & LIENS animal, defendant may post a bond or
security for costs of the animal’s care
ALASKA STAT. § 03.55.130(d),(e)
State is not required to reimburse public or

private entities that voluntarily assist with
mistreated animals
ALASKA STAT. § 03.55.130(f)
The court may require defendant to make

reimbursement for care provided any animal
affected
ALASKA STAT. § 11.61.140(f), (g)
7. SEIZURE / ON-SITE SUPERVISION Peace officer may obtain a search warrant and
seize animal if probable cause exists
ALASKA STAT. § 03.55.110(b)
Before taking an animal into protective

custody, a peace officer shall confer with a
veterinarian who must decide whether seizure
is in the immediate best interests of the
animal. Peace officer shall make the
determination if unable to confer with a
veterinarian
ALASKA STAT. § 03.55.110(c)
Peace officer shall place animal into

protective custody before removing animal
from location and thereafter place the animal
with a veterinarian; or if one is not available,
a responsible public or private caregiver
ALASKA STAT. § 03.55.120(a)
Immediate notice of the seizure and the right

to petition the court for return of the animal,
shall be given to the animal’s owner
ALASKA STAT. § 03.55.120(b)
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ALASKA continued
8. FORFEITURE / POSSESSION † If seized animal’s owner is unknown and

cannot be reasonably ascertained, the animal
shall be considered a stray or abandoned
Upon determination by a veterinarian if

available, that it is probable a seized animal
cannot recover, the animal may be humanely
destroyed. A veterinarian may also
recommend other instances where a seized
animal should be humanely destroyed
ALASKA STAT. § 03.55.130(a),(b)
An owner may prevent a seized animal’s

adoption or destruction, by either petitioning
the court for the animal’s return or by posting
a bond for the animal’s care. If the bond
expires and the court has not ordered an
alternative disposition, the animal becomes
the property of the custodian
ALASKA STAT. § 03.55.130(d),(e)
The court may require forfeiture of the animal

affected and may prohibit or limit the
defendant’s ownership, possession or custody
of animals for up to ten years
ALASKA STAT. § 11.61.140(f), (g)
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ALASKA continued
11. LAW ENFORCEMENT POLICIES For purposes of the animal protection

statutes, “peace officer” includes officers of
the state troopers, municipal police force
members, and village or regional public
safety officers
13. FIGHTING Various animal fighting activities are Class C

felonies; being a spectator at an animal fight
is a violation for first offense, a Class B for
the second offense, and a Class A
misdemeanor for a third and any subsequent
offenses. Upon conviction, animals,
equipment, vehicles, money, and other
personal property used in the offense are
forfeited
ALASKA STAT. § 11.61.145
Other Felony Provisions Affecting Animals ‡ -----
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ALASKA STAT. § 03.55.190 (2009). Definitions.
In AS 03.55.100 - 03.55.190,
(1) "animal" has the meaning given in AS 11.81.900;
(2) "custodian" means a person responsible by law for the care, custody, or control of
animals;
(3) "department" means the Department of Environmental Conservation.
ALASKA STAT. § 03.55.100 (2009). 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.
ALASKA STAT. § 11.61.140 (2009). 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

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(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 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
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to 10 years.
Editor=s note: Unrelated statutory text has been omitted.
* * *
(b) In this title, unless otherwise specified or unless the context requires otherwise,
* * *
(3) "animal" means a vertebrate living creature not a human being, but does not include fish.
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2. PENALTIES
Editor=s note: ALASKA STAT. § 12.55.015, punishment options are as follows: Class C felonies are punishable by a
definite term of imprisonment not more than five years and a fine of not more than $50,000. Class A misdemeanors
are punishable by a definite term of imprisonment of not more than one year and/or a fine of not more than $10,000.
Class B misdemeanors are punishable by a definite term of imprisonment of not more than 90 days and/or a fine of
not more than $2,000. Violations are punishable by a fine not exceeding $500. ALASKA STAT. § 12.55.035(2009);
ALASKA STAT. §§ 12.55.125, 135 (2009). In the case of misdemeanors, the court could also impose a day fine
pursuant to a plan adopted by the Alaska Supreme Court, with penalties not to exceed 365-day units. If the court opts
for the day fine, there will be no prison time for the defendant. See ALASKA STAT. § 12.55.036 (2009).
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3. EXEMPTIONS
separate offense.
(d) In (a)(2) of this section, failure to provide the minimum standards of care for an animal under
AS 03.55.100 is prima facie evidence of failure to care for an animal.
court may also
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to 10 years.
to 10 years.
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4. COUNSELING
-----
-----
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ALASKA STAT. § 03.55.130 (2009). Destruction and adoption of animals.
(a) If a determination is made by a veterinarian licensed under AS 08.98, by a peace officer in

consultation with a veterinarian licensed under AS 08.98, or by a peace officer who is unable to
locate or communicate with a veterinarian licensed under AS 08.98 that an animal removed
under AS 03.55.100 - 03.55.190 is injured or diseased to such an extent that, in the opinion of
the veterinarian, it is probable the animal cannot recover, the veterinarian or the peace officer
may humanely destroy the animal or arrange for the animal's humane destruction.
(b) Upon diagnosis and recommendation of a veterinarian licensed under AS 08.98, a public or
private custodian may humanely destroy or arrange for the humane destruction of a severely
injured, diseased, or suffering animal that has been removed under AS 03.55.100 - 03.55.190.
(c) An owner of an animal destroyed under this section may not recover damages for the
destruction of the animal unless the owner shows that the destruction was not reasonable under
the facts as known to the veterinarian or the peace officer authorizing the destruction.
(d) Except as provided in (a) or (b) of this section, the custodian of an animal may not adopt,
provide for the adoption of, or euthanize the animal within 10 business days after the animal is
taken into custody. An owner may prevent the animal's adoption or destruction by
(1) petitioning the court of the judicial district in which the animal was removed for the
animal's immediate return, subject, if appropriate, to court-imposed conditions; or
(2) posting a bond or security with the court of the judicial district in which the animal
was seized in an amount determined by the court to be sufficient to provide for the
animal's care for a minimum of 30 days from the date the animal was removed.
(e) If the custodian still has custody of the animal when the bond or security posted under (d)(2)
of this section expires and the court has not ordered an alternative disposition, the animal
becomes the custodian's property. If a court order prevents the custodian from assuming
ownership and the custodian continues to care for the animal, the court shall require the owner
of the animal to pay by bond or otherwise for the custodian's continuing costs of care for the
animal until a final disposition of the animal is made by the court.
(f) The state may not be required to reimburse a public or private agency, organization, or
person that voluntarily assists with a removal of an animal or receives custody of an animal
removed under this section for costs of shelter, care, veterinary assistance, or medical treatment
rendered to the animal.
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separate offense.
court may also
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to 10 years.
to 10 years.
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ALASKA STAT. § 03.55.110 (2009). 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;
(3) a village public safety officer; or
(4) a regional public safety officer.
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ALASKA STAT. § 03.55.120 (2009). Seizure of animals.
(a) A peace officer shall place an animal in protective custody before removing the animal from
the location where it was found. If the animal is removed, the peace officer shall place the
animal with a veterinarian licensed under AS 08.98 or, if a veterinarian is not readily available,
with a responsible public or private custodian to be sheltered, cared for, and provided necessary
medical attention.
(b) A peace officer who has removed an animal shall immediately notify the animal's owner in
writing of the removal and of the owner's right to petition the court under AS 03.55.130 for
return of the animal. Notification may be delivered in person, posted at the owner's residence, or
mailed to the owner.
(c) If a removed animal's owner is unknown and cannot be ascertained with reasonable effort,
the animal shall be considered a stray or abandoned.
(d) The state, a municipality, or a person, that supplies shelter, care, veterinary attention or
medical treatment for an animal seized under this section shall make a reasonable effort to
locate the owner.
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the location where it was found. If the animal is removed, the peace officer shall place the animal
with a veterinarian licensed under AS 08.98 or, if a veterinarian is not readily available, with a
responsible public or private custodian to be sheltered, cared for, and provided necessary
medical attention.
(c) If a removed animal's owner is unknown and cannot be ascertained with reasonable effort,
the animal shall be considered a stray or abandoned.
medical treatment for an animal seized under this section shall make a reasonable effort to locate
the owner.

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ownership and the custodian continues to care for the animal, the court shall require the owner
of the animal to pay by bond or otherwise for the custodian's continuing costs of care for the
animal until a final disposition of the animal is made by the court.
(f) The state may not be required to reimburse a public or private agency, organization, or person
that voluntarily assists with a removal of an animal or receives custody of an animal removed
under this section for costs of shelter, care, veterinary assistance, or medical treatment rendered
to the animal.
separate offense.
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court may also
to 10 years.
to 10 years.
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-----
-----
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officer.
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
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12. SEXUAL ASSAULT
-----
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13. FIGHTING
ALASKA STAT. § 11.61.145 (2009). 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.
(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.
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ALASKA STAT. § 03.55.100 (2009). 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.
officer.
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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
the location where it was found. If the animal is removed, the peace officer shall place the animal
with a veterinarian licensed under AS 08.98 or, if a veterinarian is not readily available, with a
responsible public or private custodian to be sheltered, cared for, and provided necessary
medical attention.
(c) If a removed animal's owner is unknown and cannot be ascertained with reasonable effort, the
animal shall be considered a stray or abandoned.
medical treatment for an animal seized under this section shall make a reasonable effort to locate
the owner.
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ownership and the custodian continues to care for the animal, the court shall require the owner of
the animal to pay by bond or otherwise for the custodian's continuing costs of care for the animal
until a final disposition of the animal is made by the court.
(f) The state may not be required to reimburse a public or private agency, organization, or person
that voluntarily assists with a removal of an animal or receives custody of an animal removed
under this section for costs of shelter, care, veterinary assistance, or medical treatment rendered
to the animal.
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In AS 03.55.100 - 03.55.190,
(1) "animal" has the meaning given in AS 11.81.900;
(2) "custodian" means a person responsible by law for the care, custody, or control of
anim als;
(3) "department" means the Department of Environmental Conservation.
separate offense.
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court may also
to 10 years.
to 10 years.
ALASKA STAT. § 11.61.145 (2009). 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.

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(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.
Editor=s note: Unrelated statutory text has been omitted.
* * *
(b) In this title, unless otherwise specified or unless the context requires otherwise,
* * *
(3) "animal" means a vertebrate living creature not a human being, but does not include fish.
PUNISHMENT OPTIONS
Editor=s note: ALASKA STAT. § 12.55.015, punishment options are as follows: Class C felonies are punishable by a
definite term of imprisonment not more than five years and a fine of not more than $50,000. Class A misdemeanors
are punishable by a definite term of imprisonment of not more than one year and/or a fine of not more than $10,000.
Class B misdemeanors are punishable by a definite term of imprisonment of not more than 90 days and/or a fine of
not more than $2,000. Violations are punishable by a fine not exceeding $500. ALASKA STAT. § 12.55.035(2009);
ALASKA STAT. §§ 12.55.125, 135 (2009). In the case of misdemeanors, the court could also impose a day fine
pursuant to a plan adopted by the Alaska Supreme Court, with penalties not to exceed 365-day units. If the court opts
for the day fine, there will be no prison time for the defendant. See ALASKA STAT. § 12.55.036 (2009).
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ANIMAL PROTECTION LAWS OF ARIZONA
ANIMAL PROTECTION LAWS OF ARIZONA
2. PENALTIES
3. EXEMPTIONS
12. SEXUAL ASSAULT
13. FIGHTING
This chapter contains Arizona’s general animal protection and related statutes enacted prior to November 2009. It
Arizona may employ similar provisions within other non-animal-specific criminal and civil statutes; may have other

USA Map
ARIZONA

General cruelty, neglect, abandonment
ARIZ. REV. STAT. §§ 13-2910(A)(1)-(7), (12)
(2)
Aggravated cruelty
ARIZ. REV. STAT. §§ 13-2910(A)(8)-(11),(13)
Animals Covered in Definition “[M]ammal, bird, reptile or amphibian”

ARIZ. REV. STAT. § 13-2910(H)(1)

Class 1 misdemeanor
(2)
Class 6 felony
2. MAXIMUM PENALTIES ** (1)

6 months imprisonment
ARIZ. REV. STAT. § 13-707(A)(1)
and/or
$2,500 fine
ARIZ. REV. STAT. § 13-802(A)
(2)
(Aggravated) 2 years imprisonment
ARIZ. REV. STAT. § 13-702(D)
and/or
$150,000 fine
ARIZ. REV. STAT. § 13-801(A)
Repeat offenders may face additional

penalties based on the history of offenses
ARIZ. REV. STAT. § 13-703
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ARIZONA continued
3. EXEMPTIONS *** 3, 4, 5
ARIZ. REV. STAT. § 13-2910(C)
ARIZ. REV. STAT. § 13-2910.05
6
ARIZ. REV. STAT. § 13-2910(B)
7
ARIZ. REV. STAT. § 13-2910.05
9
ARIZ. REV. STAT. § 13-2910.05
6. RESTITUTION / REIMBURSEMENT Owner may be required to pay impound fees

†
OF COSTS / BONDING & LIENS and any other costs for boarding or necessary
veterinary care
7. SEIZURE / ON-SITE SUPERVISION A peace officer, animal control agent or

deputy may use reasonable force to open a
vehicle and rescue an animal when physical
injury or death is likely to result
ARIZ. REV. STAT. § 13-2910(D)
8. FORFEITURE / POSSESSION † If an owner fails to appear at a requested

disposition hearing for a mistreated animal, or
if the justice of the peace or city magistrate
determines that the animal is being cruelly
mistreated or cruelly neglected, the animal
may be forfeited
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ARIZONA continued

10. VETERINARIAN REPORTING / IMMUNITY Veterinarians shall report in writing, within
thirty days of examination, any suspected dog
fighting or animal abuse to a local law
enforcement agency; and in cases of
suspected abuse of livestock, to the
department of agriculture. Veterinarians are
immune from civil liability for reports filed in
good faith
11. LAW ENFORCEMENT POLICIES -----

12. SEXUAL ASSAULT A public act involving the sexual assault of
an animal may be a Class 1 misdemeanor
under certain circumstances, and a Class 5
felony if a minor under the age of fifteen is
present
Sexual assault of an animal is a Class 6

felony, and a Class 3 felony if the defendant
causes a person under the age of fifteen to
sexually assault an animal
13. FIGHTING Various animal fighting and cockfighting

activities are Class 5 felonies.
ARIZ. REV. STAT. §§ 13-2910.01, -2910.03
Being a spectator at an animal fight or being

present at any place where an animal fight is
being prepared is a Class 6 felony.
ARIZ. REV. STAT. § 13-2910.02
Being a spectator at a cockfight or being

present at any place where a cockfight is
being prepared is a Class 1 misdemeanor
ARIZ. REV. STAT. § 13-2910.04
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ARIZONA continued
Other Felony Provisions Affecting Animals ‡ Intentionally killing or disabling working or

service animal is Class 6 felony
ARIZ. REV. STAT. § 13-2910(E)
Unlawful killing of livestock is a Class 5

felony
Theft of an animal for fighting purposes is a

Class 6 felony
ARIZ. REV. STAT. § 13-1802(e)
NOTES Special provisions for seizure of horses

Special provisions regulating the confinement

of calves raised for veal and pregnant pigs
ARIZ. REV. STAT. § 13-2910.07
Horse tripping is a misdemeanor

ARIZ. REV. STAT. § 13-2910.09
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ARIZ. REV. STAT. § 13-2910 (2009). 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.
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.
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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 § 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.
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.
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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
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.
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2. PENALTIES
ARIZ. REV. STAT. § 13-701 (2009). Sentence of imprisonment for felony; presentence
report; aggravating and mitigating factors; consecutive terms of imprisonment; definition
A. A sentence of imprisonment for a felony shall be a definite term of years and the person
sentenced, unless otherwise provided by law, shall be committed to the custody of the state
department of corrections.
B. No prisoner may be transferred to the custody of the state department of corrections without a
certified copy of the judgment and sentence, signed by the sentencing judge, and a copy of a
recent presentence investigation report unless the court has waived preparation of the report.
C. The minimum or maximum term imposed pursuant to section 13-702, 13-703, 13-704, 13-705,
13-708, 13-710, 13-1406, 13-3212 or 13-3419 may be imposed only if one or more of the
circumstances alleged to be in aggravation of the crime are found to be true by the trier of fact
beyond a reasonable doubt or are admitted by the defendant, except that an alleged aggravating
circumstance under subsection D, paragraph 11 of this section shall be found to be true by the
court, or in mitigation of the crime are found to be true by the court, on any evidence or
information introduced or submitted to the court or the trier of fact before sentencing or any
evidence presented at trial, and factual findings and reasons in support of such findings are set
forth on the record at the time of sentencing.
D. For the purpose of determining the sentence pursuant to subsection C of this section, the trier
of fact shall determine and the court shall consider the following aggravating circumstances,
except that the court shall determine an aggravating circumstance under paragraph 11 of this
subsection:
1. Infliction or threatened infliction of serious physical injury, except if this circumstance

is an essential element of the offense of conviction or has been utilized to enhance the
range of punishment under section 13-704.
2. Use, threatened use or possession of a deadly weapon or dangerous instrument during

the commission of the crime, except if this circumstance is an essential element of the
offense of conviction or has been utilized to enhance the range of punishment under
section 13-704.
3. If the offense involves the taking of or damage to property, the value of the property
taken or damaged.
4. Presence of an accomplice.
5. Especially heinous, cruel or depraved manner in which the offense was committed.
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6. The defendant committed the offense as consideration for the receipt, or in the
expectation of the receipt, of anything of pecuniary value.
7. The defendant procured the commission of the offense by payment, or promise of

payment, of anything of pecuniary value.
8. At the time of the commission of the offense, the defendant was a public servant and
the offense involved conduct directly related to the defendant's office or employment.
9. The victim or, if the victim has died as a result of the conduct of the defendant, the
victim's immediate family suffered physical, emotional or financial harm.
10. During the course of the commission of the offense, the death of an unborn child at
any stage of its development occurred.
11. The defendant was previously convicted of a felony within the ten years immediately
preceding the date of the offense. A conviction outside the jurisdiction of this state for an
offense that if committed in this state would be punishable as a felony is a felony
conviction for the purposes of this paragraph.
12. The defendant was wearing body armor as defined in section 13-3116.
13. The victim of the offense is at least sixty-five years of age or is a disabled person as
defined in section 38-492, subsection B.
14. The defendant was appointed pursuant to title 14 as a fiduciary and the offense
involved conduct directly related to the defendant's duties to the victim as fiduciary.
15. Evidence that the defendant committed the crime out of malice toward a victim
because of the victim's identity in a group listed in section 41-1750, subsection A,
paragraph 3 or because of the defendant's perception of the victim's identity in a group
listed in section 41-1750, subsection A, paragraph 3.
16. The defendant was convicted of a violation of section 13-1102, section 13-1103,
section 13-1104, subsection A, paragraph 3 or section 13-1204, subsection A, paragraph
1 or 2 arising from an act that was committed while driving a motor vehicle and the
defendant's alcohol concentration at the time of committing the offense was 0.15 or more.
For the purposes of this paragraph, "alcohol concentration" has the same meaning
prescribed in section 28-101.
17. Lying in wait for the victim or ambushing the victim during the commission of any
felony.
18. The offense was committed in the presence of a child and any of the circumstances
exists that are set forth in section 13-3601, subsection A.
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19. The offense was committed in retaliation for a victim either reporting criminal
activity or being involved in an organization, other than a law enforcement agency, that
is established for the purpose of reporting or preventing criminal activity.
20. The defendant was impersonating a peace officer as defined in section 1-215.
21. The defendant was in violation of 8 United States Code section 1323, 1324, 1325,
1326 or 1328 at the time of the commission of the offense.
22. The defendant used a remote stun gun or an authorized remote stun gun in the
commission of the offense. For the purposes of this paragraph:
(a) "Authorized remote stun gun" means a remote stun gun that has all of the
following:
(i) An electrical discharge that is less than one hundred thousand volts
and less than nine joules of energy per pulse.
(ii) A serial or identification number on all projectiles that are discharged

from the remote stun gun.
(iii) An identification and tracking system that, on deployment of remote

electrodes, disperses coded material that is traceable to the purchaser
through records that are kept by the manufacturer on all remote stun guns
and all individual cartridges sold.
(iv) A training program that is offered by the manufacturer.
(b) "Remote stun gun" means an electronic device that emits an electrical charge
and that is designed and primarily employed to incapacitate a person or animal
either through contact with electrodes on the device itself or remotely through
wired probes that are attached to the device or through a spark, plasma,
ionization or other conductive means emitting from the device.
23. During or immediately following the commission of the offense, the defendant
committed a violation of section 28-661, 28-662 or 28-663.
24. Any other factor that the state alleges is relevant to the defendant's character or
background or to the nature or circumstances of the crime.
E. For the purpose of determining the sentence pursuant to subsection C of this section, the court
shall consider the following mitigating circumstances:
1. The age of the defendant.
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2. The defendant's capacity to appreciate the wrongfulness of the defendant's conduct or
to conform the defendant's conduct to the requirements of law was significantly impaired,
but not so impaired as to constitute a defense to prosecution.
3. The defendant was under unusual or substantial duress, although not to a degree that
would constitute a defense to prosecution.
4. The degree of the defendant's participation in the crime was minor, although not so
minor as to constitute a defense to prosecution.

complied with all duties imposed under sections 28-661, 28-662 and 28-663.
6. Any other factor that is relevant to the defendant's character or background or to the
nature or circumstances of the crime and that the court finds to be mitigating.
F. If the trier of fact finds at least one aggravating circumstance, the trial court may find by a
preponderance of the evidence additional aggravating circumstances. In determining what
sentence to impose, the court shall take into account the amount of aggravating circumstances
and whether the amount of mitigating circumstances is sufficiently substantial to justify the
lesser term. If the trier of fact finds aggravating circumstances and the court does not find any
mitigating circumstances, the court shall impose an aggravated sentence.
G. The court in imposing a sentence shall consider the evidence and opinions presented by the
victim or the victim's immediate family at any aggravation or mitigation proceeding or in the
presentence report.
H. This section does not affect any provision of law that imposes the death penalty, that
expressly provides for imprisonment for life or that authorizes or restricts the granting of
probation and suspending the execution of sentence.
I. The intentional failure by the court to impose the mandatory sentences or probation conditions
provided in this title is malfeasance.
J. For the purposes of this section, "trier of fact" means a jury, unless the defendant and the state
waive a jury in which case the trier of fact means the court.
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ARIZ. REV. STAT. § 13-702 (2009). First time felony offenders; sentencing; definition.
A. Unless a specific sentence is otherwise provided, the term of imprisonment for a first felony
offense shall be the presumptive sentence determined pursuant to subsection D of this section.
Except for those felonies involving a dangerous offense or if a specific sentence is otherwise
provided, the court may increase or reduce the presumptive sentence within the ranges set by
subsection D of this section. Any reduction or increase shall be based on the aggravating and
mitigating circumstances listed in § 13-701, subsections D and E and shall be within the ranges
prescribed in subsection D of this section.
B. If a person is convicted of a felony without having previously been convicted of any felony and
if at least two of the aggravating factors listed in § 13-701, subsection D apply, the court may
increase the maximum term of imprisonment otherwise authorized for that offense to an
aggravated term. If a person is convicted of a felony without having previously been convicted of
any felony and if the court finds at least two mitigating factors listed in § 13-701, subsection E
apply, the court may decrease the minimum term of imprisonment otherwise authorized for that
offense to a mitigated term.
C. The aggravated or mitigated term imposed pursuant to subsection D of this section may be
imposed only if at least two of the aggravating circumstances are found beyond a reasonable
doubt to be true by the trier of fact or are admitted by the defendant, except that an aggravating
circumstance § 13-701, subsection D, paragraph 11 shall be found to be true by the court, or in
mitigation of the crime are found to be true by the court, on any evidence or information
introduced or submitted to the court or the trier of fact before sentencing or any evidence
presented at trial, and factual findings and reasons in support of these findings are set forth on
the record at the time of sentencing.
D. The term of imprisonment for a presumptive, minimum, maximum, mitigated or aggravated

sentence shall be within the range prescribed under this subsection. The terms are as follows:
Felony Mitigated Minimum Presumptive Maxim um Aggravated
Class 2 3 years 4 years 5 years 10 years 12.5 years
Class 3 2 years 2.5 years 3.5 years 7 years 8.75 years
Class 4 1 year 1.5 years 2.5 years 3 years 3.75 years
Class 5 .5 years .75 years 1.5 years 2 years 2.5 years
Class 6 .33 years .5 years 1 year 1.5 years 2 years
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E. The court shall inform all of the parties before sentencing occurs of its intent to increase or
decrease a sentence to the aggravated or mitigated sentence pursuant this section. If the court
fails to inform the parties, a party waives its right to be informed unless the party timely objects
at the time of sentencing.
F. For the purposes of this section, “trier of fact” means a jury, unless the defendant and the state
ARIZ. REV. STAT. § 13-703 (2009). Repetitive offenders; sentencing.
A. A person shall be sentenced as a category one repetitive offender if the person is convicted of
two felony offenses that were not committed on the same occasion but that either are
consolidated for trial purposes or are not historical prior felony convictions.
B. A person shall be sentenced as a category two repetitive offender if the person either:
1. Is convicted of three or more felony offenses that were not committed on the same
occasion but that either are consolidated for trial purposes or are not historical prior
felony convictions.
2. Except as provided in § 13-704 or 13-705, is at least eighteen years of age or has been
tried as an adult and stands convicted of a felony and has one historical prior felony
conviction.
C. Except as provided in § 13-704 or 13-705, a person shall be sentenced as a category three

repetitive offender if the person is at least eighteen years of age or has been tried as an adult
and stands convicted of a felony and has two or more historical prior felony convictions.
D. The presumptive term set by this section may be aggravated or mitigated within the range
under this section pursuant to § 13-701, subsections C, D and E.
E. If a person is sentenced as a category one repetitive offender pursuant to subsection A of this

section and if at least two aggravating circumstances listed in § 13-701, subsection D apply or
at least two mitigating circumstances listed in § 13-701, subsection E apply, the court may
impose a mitigated or aggravated sentence pursuant to subsection H of this section.
F. If a person is sentenced as a category two repetitive offender pursuant to subsection B,

paragraph 2 of this section and if at least two aggravating circumstances listed in § 13-701,
subsection D apply or at least two mitigating circumstances listed in § 13-701, subsection E
apply, the court may impose a mitigated or aggravated sentence pursuant to subsection I of this
section.
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G. If a person is sentenced as a category three repetitive offender pursuant to subsection C of
this section and at least two aggravating circumstances listed in § 13-701, subsection D or at
least two mitigating circumstances listed in § 13-701, subsection E apply, the court may impose
a mitigated or aggravated sentence pursuant to subsection J of this section.
H. A category one repetitive offender shall be sentenced within the following ranges:
Felony Mitigated Minimum Presumptive Maximum Aggravated
------- --------- -------- ------------ -------- ----------
Class 3 1.8 years 2.5 years 3.5 years 7 years 8.75 years
Class 6 .3 years .5 years 1 year 1.5 years 1.8 years
I. A category two repetitive offender shall be sentenced within the following ranges:
------- --------- -------- ------------ -------- ----------
Class 2 4.5 years 6 years 9.25 years 18.5 years 23.1 years
Class 4 2.25 years 3 years 4.5 years 6 years 7.5 years
Class 6 .75 years 1 year 1.75 years 2.25 years 2.75 years
J. A category three repetitive offender shall be sentenced within the following ranges:
------- --------- -------- ------------ -------- ----------
Class 2 10.5 years 14 years 15.75 years 28 years 35 years
Class 4 6 years 8 years 10 years 12 years 15 years
K. The aggravated or mitigated term imposed pursuant to subsection H, I or J of this section

may be imposed only if at least two of the aggravating circumstances are found beyond a
reasonable doubt to be true by the trier of fact or are admitted by the defendant, except that an
aggravating circumstance under § 13-701, subsection D, paragraph 11 shall be found to be true
by the court, or in mitigation of the crime are found to be true by the court, on any evidence or
evidence presented at trial, and factual findings and reasons in support of these findings are set
L. Convictions for two or more offenses committed on the same occasion shall be counted as
only one conviction for the purposes of subsection B, paragraph 2 and subsection C of this
section.
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M. A person who has been convicted in any court outside the jurisdiction of this state of an
offense that if committed in this state would be punishable as a felony is subject to this section. A
person who has been convicted as an adult of an offense punishable as a felony under the
provisions of any prior code in this state is subject to this section.
N. The penalties prescribed by this section shall be substituted for the penalties otherwise
authorized by law if an allegation of prior conviction is charged in the indictment or information
and admitted or found by the court. The release provisions prescribed by this section shall not be
substituted for any penalties required by the substantive offense or a provision of law that
specifies a later release or completion of the sentence imposed before release. The court shall
allow the allegation of a prior conviction at any time before the date the case is actually tried
unless the allegation is filed fewer than twenty days before the case is actually tried and the
court finds on the record that the person was in fact prejudiced by the untimely filing and states
the reasons for these findings. If the allegation of a prior conviction is filed, the state must make
available to the person a copy of any material or information obtained concerning the prior
conviction. The charge of previous conviction shall not be read to the jury. For the purposes of
this subsection, "substantive offense" means the felony offense that the trier of fact found beyond
a reasonable doubt the person committed. Substantive offense does not include allegations that,
if proven, would enhance the sentence of imprisonment or fine to which the person otherwise
would be subject.
O. A person who is sentenced pursuant to this section is not eligible for suspension of sentence,
probation, pardon or release from confinement on any basis, except as specifically authorized by
§ 31-233, subsection A or B, until the sentence imposed by the court has been served, the person
is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.
P. The court shall inform all of the parties before sentencing occurs of its intent to impose an
aggravated or mitigated sentence pursuant to subsection H, I or J of this section. If the court
Q. The court in imposing a sentence shall consider the evidence and opinions presented by the
presentence report.
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ARIZ. REV. STAT. § 13-707 (2009). Sentence of imprisonment for misdemeanor.
A. A sentence of imprisonment for a misdemeanor shall be for a definite term to be served other
than a place within custody of the state department of corrections. The court shall fix the term of
imprisonment within the following maximum limitations:
1. For a class 1 misdemeanor, six months.
2. For a class 2 misdemeanor, four months.
3. For a class 3 misdemeanor, thirty days.
B. A person who is at least eighteen years of age or who has been tried as an adult and who
stands convicted of any misdemeanor or petty offense, other than a traffic offense, and who has
been convicted of one or more of the same misdemeanors or petty offenses within two years next
preceding the date of the present offense shall be sentenced for the next higher class of offense
than that for which the person currently is convicted. Time spent incarcerated within the two
years next preceding the date of the offense for which a person is currently being sentenced shall
not be included in the two years required to be free of convictions.
C. If a person is convicted of a misdemeanor offense and the offense requires enhanced

punishment because it is a second or subsequent offense, the court shall determine the existence
of the previous conviction. The court shall allow the allegation of a prior conviction to be made
in the same manner as the allegation prescribed by section 28-1387, subsection A.
D. A person who has been convicted in any court outside the jurisdiction of this state of an
offense that if committed in this state would be punishable as a misdemeanor or petty offense is
subject to this section. A person who has been convicted as an adult of an offense punishable as
a misdemeanor or petty offense under the provisions of any prior code in this state is subject to
this section.
E. The court may direct that a person who is sentenced pursuant to subsection A of this section
shall not be released on any basis until the sentence imposed by the court has been served.
ARIZ. REV. STAT. § 13-801 (2009). Fines for felonies.
A. A sentence to pay a fine for a felony shall be a sentence to pay an amount fixed by the court
not more than one hundred fifty thousand dollars.
B. A judgment that the defendant shall pay a fine, with or without the alternative of
imprisonment, shall constitute a lien in like manner as a judgment for money rendered in a civil
action.
C. This section does not apply to an enterprise.

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ARIZ. REV. STAT. § 13-802 (2009). Fines for misdemeanor.
A. A sentence to pay a fine for a class 1 misdemeanor shall be a sentence to pay an amount,
fixed by the court, not more than two thousand five hundred dollars.
B. A sentence to pay a fine for a class 2 misdemeanor shall be a sentence to pay an amount, fixed
by the court, not more than seven hundred fifty dollars.
C. A sentence to pay a fine for a class 3 misdemeanor shall be a sentence to pay an amount, fixed
by the court, not more than five hundred dollars.
D. A sentence to pay a fine for a petty offense shall be a sentence to pay an amount, fixed by the
court, of not more than three hundred dollars.
E. A judgment that the defendant shall pay a fine, with or without the alternative of
action.
F. This section does not apply to an enterprise.


animal.
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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.

in § 17-101.
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liable as follows:


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.
shelter.
owner and who used a specially trained animal under the direction of the person's agency
or the service animal owner.
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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.
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3. EXEMPTIONS


animal.


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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
in § 17-101.

liable as follows:
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the animal.
shelter.
public.
ARIZ. REV. STAT. § 13-2910.05 (2009). 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 §§ 13-2910.01, 13- 2910.02, 13-2910.03 and 13-2910.04.
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ARIZ. REV. STAT. § 13-2910.06 (2009). Defense to cruelty to animals and bird fighting.
It is a defense to §§ 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.
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4. COUNSELING
-----
-----
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ARIZ. REV. STAT. § 11-1029 (2009). 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.
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animal.


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in § 17-101.

liable as follows:
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the animal.
shelter.
public.
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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.
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.
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-----
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ARIZ. REV. STAT. § 32-2239 (2009). Duty of veterinarian to report suspected dog
participant of dog fight or animal abuse; immunity.
A. A veterinarian shall report in writing concerning any dog fighting or animal abuse to a local
law enforcement agency in the county where the veterinarian is practicing within thirty days of
any examination or treatment administered to any dog or any animal which the veterinarian
reasonably suspects and believes has participated in an organized dog fight or any animal which
the veterinarian reasonably suspects and believes has been abused. The report shall contain the
breed and description of the dog or any animal together with the name and address of the owner.
B. A veterinarian shall report, in writing, suspected cases of abuse of livestock to the associate
director of the division of animal services in the Arizona department of agriculture pursuant to
title 3, chapter 11, article 1. The report shall be made within thirty days of treatment or
examination and shall include the breed and description of the animal together with the name
and address of the owner.
C. 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.
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-----
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12. SEXUAL ASSAULT
ARIZ. REV. STAT. § 13-1403 (2009). Public sexual indecency; public sexual indecency to a
minor; classifications
A. A person commits public sexual indecency by intentionally or knowingly engaging in any of

the following acts, if another person is present, and the defendant is reckless about whether such
other person, as a reasonable person, would be offended or alarmed by the act:
1. An act of sexual contact.
2. An act of oral sexual contact.
3. An act of sexual intercourse.
4. An act of bestiality.
B. A person commits public sexual indecency to a minor if the person intentionally or knowingly
engages in any of the acts listed in subsection A and such person is reckless about whether a
minor under the age of fifteen years is present.
C. Public sexual indecency is a class 1 misdemeanor. Public sexual indecency to a minor is a

class 5 felony.
ARIZ. REV. STAT. § 13-1411 (2009). Bestiality; classification; definition
A. A person commits bestiality by knowingly doing either of the following:
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 § 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.
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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.
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13. FIGHTING
ARIZ. REV. STAT. § 13-2910.01 (2009). 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 (2009). 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 (2009). 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.

his charge or control.
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B. Cockfighting is a class 5 felony.
C. For purposes of this section and § 13-2910.04, cock means any male chicken, including game
fowl except wildlife as defined in A.R.S. § 17-101.
ARIZ. REV. STAT. § 13-2910.04 (2009). Presence at cockfight; classification.
made for an exhibition of the fighting of cocks, or is present at such exhibition, is guilty of a
class 1 misdemeanor.
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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.
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. § 13-701 (2009). Sentence of imprisonment for felony; presentence
report; aggravating and mitigating factors; consecutive terms of imprisonment; definition
A. A sentence of imprisonment for a felony shall be a definite term of years and the person
sentenced, unless otherwise provided by law, shall be committed to the custody of the state
department of corrections.
B. No prisoner may be transferred to the custody of the state department of corrections without a
certified copy of the judgment and sentence, signed by the sentencing judge, and a copy of a
recent presentence investigation report unless the court has waived preparation of the report.
C. The minimum or maximum term imposed pursuant to section 13-702, 13-703, 13-704, 13-
705, 13-708, 13-710, 13-1406, 13-3212 or 13-3419 may be imposed only if one or more of the
circumstances alleged to be in aggravation of the crime are found to be true by the trier of fact
beyond a reasonable doubt or are admitted by the defendant, except that an alleged aggravating
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circumstance under subsection D, paragraph 11 of this section shall be found to be true by the
court, or in mitigation of the crime are found to be true by the court, on any evidence or
evidence presented at trial, and factual findings and reasons in support of such findings are set
D. For the purpose of determining the sentence pursuant to subsection C of this section, the trier
of fact shall determine and the court shall consider the following aggravating circumstances,
except that the court shall determine an aggravating circumstance under paragraph 11 of this
subsection:
1. Infliction or threatened infliction of serious physical injury, except if this circumstance

is an essential element of the offense of conviction or has been utilized to enhance the
range of punishment under section 13-704.
2. Use, threatened use or possession of a deadly weapon or dangerous instrument during

the commission of the crime, except if this circumstance is an essential element of the
offense of conviction or has been utilized to enhance the range of punishment under
section 13-704.
3. If the offense involves the taking of or damage to property, the value of the property
taken or damaged.
4. Presence of an accomplice.
5. Especially heinous, cruel or depraved manner in which the offense was committed.
6. The defendant committed the offense as consideration for the receipt, or in the
expectation of the receipt, of anything of pecuniary value.
7. The defendant procured the commission of the offense by payment, or promise of

payment, of anything of pecuniary value.
8. At the time of the commission of the offense, the defendant was a public servant and
the offense involved conduct directly related to the defendant's office or employment.
9. The victim or, if the victim has died as a result of the conduct of the defendant, the
victim's immediate family suffered physical, emotional or financial harm.
10. During the course of the commission of the offense, the death of an unborn child at
any stage of its development occurred.
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11. The defendant was previously convicted of a felony within the ten years immediately
preceding the date of the offense. A conviction outside the jurisdiction of this state for an
offense that if committed in this state would be punishable as a felony is a felony
conviction for the purposes of this paragraph.
12. The defendant was wearing body armor as defined in section 13-3116.
13. The victim of the offense is at least sixty-five years of age or is a disabled person as
defined in section 38-492, subsection B.
14. The defendant was appointed pursuant to title 14 as a fiduciary and the offense
involved conduct directly related to the defendant's duties to the victim as fiduciary.
15. Evidence that the defendant committed the crime out of malice toward a victim
because of the victim's identity in a group listed in section 41-1750, subsection A,
paragraph 3 or because of the defendant's perception of the victim's identity in a group
listed in section 41-1750, subsection A, paragraph 3.
16. The defendant was convicted of a violation of section 13-1102, section 13-1103,
section 13-1104, subsection A, paragraph 3 or section 13-1204, subsection A, paragraph
1 or 2 arising from an act that was committed while driving a motor vehicle and the
defendant's alcohol concentration at the time of committing the offense was 0.15 or more.
For the purposes of this paragraph, "alcohol concentration" has the same meaning
prescribed in section 28-101.
17. Lying in wait for the victim or ambushing the victim during the commission of any
felony.
18. The offense was committed in the presence of a child and any of the circumstances
exists that are set forth in section 13-3601, subsection A.
19. The offense was committed in retaliation for a victim either reporting criminal
activity or being involved in an organization, other than a law enforcement agency, that is
established for the purpose of reporting or preventing criminal activity.
20. The defendant was impersonating a peace officer as defined in section 1-215.
21. The defendant was in violation of 8 United States Code section 1323, 1324, 1325,
1326 or 1328 at the time of the commission of the offense.
22. The defendant used a remote stun gun or an authorized remote stun gun in the
commission of the offense. For the purposes of this paragraph:
(a) "Authorized remote stun gun" means a remote stun gun that has all of the
following:
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(i) An electrical discharge that is less than one hundred thousand volts and
less than nine joules of energy per pulse.
(ii) A serial or identification number on all projectiles that are discharged

from the remote stun gun.
(iii) An identification and tracking system that, on deployment of remote

electrodes, disperses coded material that is traceable to the purchaser
through records that are kept by the manufacturer on all remote stun guns
and all individual cartridges sold.
(iv) A training program that is offered by the manufacturer.
(b) "Remote stun gun" means an electronic device that emits an electrical charge
and that is designed and primarily employed to incapacitate a person or animal
either through contact with electrodes on the device itself or remotely through
wired probes that are attached to the device or through a spark, plasma, ionization
or other conductive means emitting from the device.
committed a violation of section 28-661, 28-662 or 28-663.
24. Any other factor that the state alleges is relevant to the defendant's character or
background or to the nature or circumstances of the crime.
E. For the purpose of determining the sentence pursuant to subsection C of this section, the court
shall consider the following mitigating circumstances:
1. The age of the defendant.
2. The defendant's capacity to appreciate the wrongfulness of the defendant's conduct or

to conform the defendant's conduct to the requirements of law was significantly impaired,
but not so impaired as to constitute a defense to prosecution.
3. The defendant was under unusual or substantial duress, although not to a degree that
would constitute a defense to prosecution.
4. The degree of the defendant's participation in the crime was minor, although not so
minor as to constitute a defense to prosecution.

complied with all duties imposed under sections 28-661, 28-662 and 28-663.
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6. Any other factor that is relevant to the defendant's character or background or to the
nature or circumstances of the crime and that the court finds to be mitigating.
F. If the trier of fact finds at least one aggravating circumstance, the trial court may find by a
preponderance of the evidence additional aggravating circumstances. In determining what
sentence to impose, the court shall take into account the amount of aggravating circumstances
and whether the amount of mitigating circumstances is sufficiently substantial to justify the
lesser term. If the trier of fact finds aggravating circumstances and the court does not find any
mitigating circumstances, the court shall impose an aggravated sentence.
G. The court in imposing a sentence shall consider the evidence and opinions presented by the
presentence report.
H. This section does not affect any provision of law that imposes the death penalty, that
expressly provides for imprisonment for life or that authorizes or restricts the granting of
probation and suspending the execution of sentence.
I. The intentional failure by the court to impose the mandatory sentences or probation conditions
provided in this title is malfeasance.
J. For the purposes of this section, "trier of fact" means a jury, unless the defendant and the state
ARIZ. REV. STAT. § 13-702 (2009). First time felony offenders; sentencing; definition.
A. Unless a specific sentence is otherwise provided, the term of imprisonment for a first felony
offense shall be the presumptive sentence determined pursuant to subsection D of this section.
Except for those felonies involving a dangerous offense or if a specific sentence is otherwise
provided, the court may increase or reduce the presumptive sentence within the ranges set by
subsection D of this section. Any reduction or increase shall be based on the aggravating and
mitigating circumstances listed in § 13-701, subsections D and E and shall be within the ranges
prescribed in subsection D of this section.
B. If a person is convicted of a felony without having previously been convicted of any felony
and if at least two of the aggravating factors listed in § 13-701, subsection D apply, the court
may increase the maximum term of imprisonment otherwise authorized for that offense to an
aggravated term. If a person is convicted of a felony without having previously been convicted
of any felony and if the court finds at least two mitigating factors listed in § 13-701, subsection E
apply, the court may decrease the minimum term of imprisonment otherwise authorized for that
offense to a mitigated term.
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C. The aggravated or mitigated term imposed pursuant to subsection D of this section may be
imposed only if at least two of the aggravating circumstances are found beyond a reasonable
circumstance § 13-701, subsection D, paragraph 11 shall be found to be true by the court, or in
mitigation of the crime are found to be true by the court, on any evidence or information
D. The term of imprisonment for a presumptive, minimum, maximum, mitigated or aggravated

sentence shall be within the range prescribed under this subsection. The terms are as follows:
Felony Mitigated Minimum Presumptive Maxim um Aggravated
Class 3 2 years 2.5 years 3.5 years 7 years 8.75 years
Class 6 .33 years .5 years 1 year 1.5 years 2 years
E. The court shall inform all of the parties before sentencing occurs of its intent to increase or
decrease a sentence to the aggravated or mitigated sentence pursuant this section. If the court
F. For the purposes of this section, “trier of fact” means a jury, unless the defendant and the state
ARIZ. REV. STAT. § 13-703 (2009). Repetitive offenders; sentencing.

A. A person shall be sentenced as a category one repetitive offender if the person is convicted of
two felony offenses that were not committed on the same occasion but that either are
consolidated for trial purposes or are not historical prior felony convictions.
B. A person shall be sentenced as a category two repetitive offender if the person either:
1. Is convicted of three or more felony offenses that were not committed on the same
occasion but that either are consolidated for trial purposes or are not historical prior
felony convictions.
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2. Except as provided in § 13-704 or 13-705, is at least eighteen years of age or has been
tried as an adult and stands convicted of a felony and has one historical prior felony
conviction.
C. Except as provided in § 13-704 or 13-705, a person shall be sentenced as a category three

repetitive offender if the person is at least eighteen years of age or has been tried as an adult and
stands convicted of a felony and has two or more historical prior felony convictions.
D. The presumptive term set by this section may be aggravated or mitigated within the range
under this section pursuant to § 13-701, subsections C, D and E.
E. If a person is sentenced as a category one repetitive offender pursuant to subsection A of this

section and if at least two aggravating circumstances listed in § 13-701, subsection D apply or at
least two mitigating circumstances listed in § 13-701, subsection E apply, the court may impose
a mitigated or aggravated sentence pursuant to subsection H of this section.
F. If a person is sentenced as a category two repetitive offender pursuant to subsection B,

paragraph 2 of this section and if at least two aggravating circumstances listed in § 13-701,
subsection D apply or at least two mitigating circumstances listed in § 13-701, subsection E
apply, the court may impose a mitigated or aggravated sentence pursuant to subsection I of this
section.
G. If a person is sentenced as a category three repetitive offender pursuant to subsection C of this

section and at least two aggravating circumstances listed in § 13-701, subsection D or at least
two mitigating circumstances listed in § 13-701, subsection E apply, the court may impose a
mitigated or aggravated sentence pursuant to subsection J of this section.
H. A category one repetitive offender shall be sentenced within the following ranges:
------- --------- -------- ------------ -------- ----------
Class 6 .3 years .5 years 1 year 1.5 years 1.8 years
I. A category two repetitive offender shall be sentenced within the following ranges:
------- --------- -------- ------------ -------- ----------
Class 4 2.25 years 3 years 4.5 years 6 years 7.5 years
Class 6 .75 years 1 year 1.75 years 2.25 years 2.75 years
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J. A category three repetitive offender shall be sentenced within the following ranges:
------- --------- -------- ------------ -------- ----------
Class 4 6 years 8 years 10 years 12 years 15 years
K. The aggravated or mitigated term imposed pursuant to subsection H, I or J of this section may
be imposed only if at least two of the aggravating circumstances are found beyond a reasonable
circumstance under § 13-701, subsection D, paragraph 11 shall be found to be true by the court,
or in mitigation of the crime are found to be true by the court, on any evidence or information
L. Convictions for two or more offenses committed on the same occasion shall be counted as
only one conviction for the purposes of subsection B, paragraph 2 and subsection C of this
section.
M. A person who has been convicted in any court outside the jurisdiction of this state of an
offense that if committed in this state would be punishable as a felony is subject to this section.
A person who has been convicted as an adult of an offense punishable as a felony under the
provisions of any prior code in this state is subject to this section.
N. The penalties prescribed by this section shall be substituted for the penalties otherwise
authorized by law if an allegation of prior conviction is charged in the indictment or information
and admitted or found by the court. The release provisions prescribed by this section shall not be
substituted for any penalties required by the substantive offense or a provision of law that
specifies a later release or completion of the sentence imposed before release. The court shall
allow the allegation of a prior conviction at any time before the date the case is actually tried
unless the allegation is filed fewer than twenty days before the case is actually tried and the court
finds on the record that the person was in fact prejudiced by the untimely filing and states the
reasons for these findings. If the allegation of a prior conviction is filed, the state must make
available to the person a copy of any material or information obtained concerning the prior
conviction. The charge of previous conviction shall not be read to the jury. For the purposes of
this subsection, "substantive offense" means the felony offense that the trier of fact found beyond
a reasonable doubt the person committed. Substantive offense does not include allegations that,
if proven, would enhance the sentence of imprisonment or fine to which the person otherwise
would be subject.
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O. A person who is sentenced pursuant to this section is not eligible for suspension of sentence,
probation, pardon or release from confinement on any basis, except as specifically authorized by
§ 31-233, subsection A or B, until the sentence imposed by the court has been served, the person
is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.
P. The court shall inform all of the parties before sentencing occurs of its intent to impose an
aggravated or mitigated sentence pursuant to subsection H, I or J of this section. If the court fails
to inform the parties, a party waives its right to be informed unless the party timely objects at the
time of sentencing.
Q. The court in imposing a sentence shall consider the evidence and opinions presented by the
presentence report.
ARIZ. REV. STAT. § 13-707 (2009). Sentence of imprisonment for misdemeanor.
A. A sentence of imprisonment for a misdemeanor shall be for a definite term to be served other
than a place within custody of the state department of corrections. The court shall fix the term of
1. For a class 1 misdemeanor, six months.
2. For a class 2 misdemeanor, four months.
3. For a class 3 misdemeanor, thirty days.
B. A person who is at least eighteen years of age or who has been tried as an adult and who
stands convicted of any misdemeanor or petty offense, other than a traffic offense, and who has
been convicted of one or more of the same misdemeanors or petty offenses within two years next
preceding the date of the present offense shall be sentenced for the next higher class of offense
than that for which the person currently is convicted. Time spent incarcerated within the two
years next preceding the date of the offense for which a person is currently being sentenced shall
not be included in the two years required to be free of convictions.
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C. If a person is convicted of a misdemeanor offense and the offense requires enhanced
punishment because it is a second or subsequent offense, the court shall determine the existence
of the previous conviction. The court shall allow the allegation of a prior conviction to be made
in the same manner as the allegation prescribed by section 28-1387, subsection A.
D. A person who has been convicted in any court outside the jurisdiction of this state of an
offense that if committed in this state would be punishable as a misdemeanor or petty offense is
subject to this section. A person who has been convicted as an adult of an offense punishable as
a misdemeanor or petty offense under the provisions of any prior code in this state is subject to
this section.
E. The court may direct that a person who is sentenced pursuant to subsection A of this section
shall not be released on any basis until the sentence imposed by the court has been served.
ARIZ. REV. STAT. § 13-801 (2009). Fines for felonies.
A. A sentence to pay a fine for a felony shall be a sentence to pay an amount fixed by the court
not more than one hundred fifty thousand dollars.
B. A judgment that the defendant shall pay a fine, with or without the alternative of
action.
C. This section does not apply to an enterprise.
ARIZ. REV. STAT. § 13-802 (2009). Fines for misdemeanor.
A. A sentence to pay a fine for a class 1 misdemeanor shall be a sentence to pay an amount,
fixed by the court, not more than two thousand five hundred dollars.
B. A sentence to pay a fine for a class 2 misdemeanor shall be a sentence to pay an amount, fixed
by the court, not more than seven hundred fifty dollars.
C. A sentence to pay a fine for a class 3 misdemeanor shall be a sentence to pay an amount, fixed
by the court, not more than five hundred dollars.
D. A sentence to pay a fine for a petty offense shall be a sentence to pay an amount, fixed by the
court, of not more than three hundred dollars.
E. A judgment that the defendant shall pay a fine, with or without the alternative of
action.
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F. This section does not apply to an enterprise.
ARIZ. REV. STAT. § 13-1403 (2009). Public sexual indecency; public sexual indecency to a
minor; classifications
A. A person commits public sexual indecency by intentionally or knowingly engaging in any of

the following acts, if another person is present, and the defendant is reckless about whether such
other person, as a reasonable person, would be offended or alarmed by the act:
1. An act of sexual contact.
2. An act of oral sexual contact.
3. An act of sexual intercourse.
4. An act of bestiality.
B. A person commits public sexual indecency to a minor if the person intentionally or knowingly
engages in any of the acts listed in subsection A and such person is reckless about whether a
minor under the age of fifteen years is present.
C. Public sexual indecency is a class 1 misdemeanor. Public sexual indecency to a minor is a

class 5 felony.
ARIZ. REV. STAT. § 13-1411 (2009). Bestiality; classification; definition
A. A person commits bestiality by knowingly doing either of the following:
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 § 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.
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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.


animal.

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in § 17-101.
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liable as follows:



the animal.
shelter.
public.
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ARIZ. REV. STAT. § 13-2910.01 (2009). 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.

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 (2009). Presence at animal fight; classification.
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 (2009). 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.
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his charge or control.
B. Cockfighting is a class 5 felony.
C. For purposes of this section and § 13-2910.04, cock means any male chicken, including game
fowl except wildlife as defined in A.R.S. § 17-101.
ARIZ. REV. STAT. § 13-2910.04 (2009). Presence at cockfight; classification.
made for an exhibition of the fighting of cocks, or is present at such exhibition, is guilty of a
class 1 misdemeanor.
ARIZ. REV. STAT. § 13-2910.05 (2009). 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 §§ 13-2910.01, 13-2910.02, 13-2910.03 and 13-2910.04.
ARIZ. REV. STAT. § 13-2910.06 (2009). Defense to cruelty to animals and bird fighting.
It is a defense to §§ 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. § 32-2239 (2009). Duty of veterinarian to report suspected dog
participant of dog fight or animal abuse; immunity.
A. A veterinarian shall report in writing concerning any dog fighting or animal abuse to a local
law enforcement agency in the county where the veterinarian is practicing within thirty days of
any examination or treatment administered to any dog or any animal which the veterinarian
reasonably suspects and believes has participated in an organized dog fight or any animal which
the veterinarian reasonably suspects and believes has been abused. The report shall contain the
breed and description of the dog or any animal together with the name and address of the owner.
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B. A veterinarian shall report, in writing, suspected cases of abuse of livestock to the associate
director of the division of animal services in the Arizona department of agriculture pursuant to
title 3, chapter 11, article 1. The report shall be made within thirty days of treatment or
examination and shall include the breed and description of the animal together with the name
and address of the owner.
C. A veterinarian who files a report as provided in this section shall be immune from civil
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ANIMAL PROTECTION LAWS OF ARKANSAS
ANIMAL PROTECTION LAWS OF ARKANSAS
2. PENALTIES
3. EXEMPTIONS
12. SEXUAL ASSAULT
13. FIGHTING
This chapter contains Arkansas’s general animal protection and related statutes enacted prior to June 2009. It begins
Arkansas may employ similar provisions within other non-animal-specific criminal and civil statutes; may have other

USA Map
ARKANSAS

Cruelty to animals
ARK. CODE ANN. § 5-62-101(a)
(2)
Aggravated cruelty to dogs, cats, horses
ARK. CODE. ANN. § 5-62-118
Animals Covered in Definition “…any living vertebrate creature, except

human beings and fish”
ARK. CODE ANN. § 5-62-102(2)

[1st – 3rd offense]:
Unclassified misdemeanor
[4th & subsequent offenses]:

Class D felony
(2)
[1st offense]:
Class D felony
[Subsequent offenses]:
Class C felony

[1st - 3rd offense]:
$1,000 fine
and
1 year imprisonment or community service
ARK. CODE ANN. § 5-62-103
[4th & subsequent offenses]:

$10,000 fine
ARK. CODE ANN. § 5-4-201(a)(2)
and
ARK. CODE ANN. § 5-4-401(a)(5)
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ARKANSAS continued
2. MAXIMUM PENALTIES **continued (2)

[1st offense]:
$10,000 fine
ARK. CODE ANN. § 5-4-201(a)(2)
and
ARK. CODE ANN. § 5-4-401(a)(5)
and
400 hours community service
ARK. CODE ANN. § 5-62-104(b)
[2nd & subsequent offenses]:

$10,000 fine
ARK. CODE ANN. § 5-4-201(a)(2)
and
ARK. CODE ANN. § 5-4-401(a)(4)
NOTE: Any aggravated cruelty to a dog, cat,

or horse offender may be subject to an
enhanced sentence of an additional term of
imprisonment not to exceed five (5) years if
the offense was committed in the presence of
a child.
ARK. CODE. ANN. § 5-4-702
3. EXEMPTIONS *** 1, 2, 3, 4, 5, 6, 7, 8, 9
9
4. COUNSELING / EVALUATIONS † Upon conviction, the court shall order a

psychiatric or psychological evaluation, and
if warranted, counseling or treatment. Costs
to be borne by offender.
ARK. CODE ANN. §§ 5-62-103(c)-(f), 5-62-
104(c), (d)
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ARKANSAS continued
6. RESTITUTION / REIMBURSEMENT Court may order defendant to post a bond for

†
OF COSTS / BONDING & LIENS the care of impounded animals
ARK. CODE. ANN. § 5-62-106(b)
Before an impounded animal may be

reclaimed, all reasonable costs incurred in
caring for the animal must be paid
ARK. CODE. ANN. § 5-62-106(e)
7. SEIZURE / ON-SITE SUPERVISION Law enforcement may be issued search

warrants by a judge or magistrate if he or she
has reasonable cause to believe that the
search will discover persons or things
specified in the application and subject to
seizure
If a law enforcement officer arrests a person

in charge of any vehicle drawn by or
containing an animal, the law enforcement
officer may seize the animal
8. FORFEITURE / POSSESSION † The court, upon petition by prosecutor, may

order impounded animal forfeited if owner
does not contest impoundment, or an ordered
bond for costs of care is not posted or
renewed
Upon conviction, the court shall order the

animal victim of the offender forfeited
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ARKANSAS continued
9. CROSS ENFORCEMENT / REPORTING A person who in good faith reports suspected

animal cruelty or aggravated animal cruelty is
immune from civil or criminal liability for
such reporting
10. VETERINARIAN REPORTING / IMMUNITY A person who in good faith reports suspected
animal cruelty or aggravated animal cruelty is
such reporting
A licensed veterinarian or a person acting at

the direction of a licensed veterinarian is
their assistance in an animal cruelty
investigation
11. LAW ENFORCEMENT POLICIES Any person may lawfully interfere to prevent
cruelty
Law enforcement officers have the authority

to make arrests for animal protection
violations
12. SEXUAL ASSAULT Sexual assault of an animal is a Class A

misdemeanor
13. FIGHTING Various animal fighting activities are Class D

is a Class A misdemeanor. Upon conviction,
the court may order animals forfeited and
may require restitution for costs of care for
seized animals.
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ARKANSAS continued
Other Felony Provisions Affecting Animals ‡ Purposely killing or physically injuring

animals used by law enforcement
Unlawful bear exploitation

‡ This list is not exhaustive; states may authorize felony penalties for other crimes involving animals not included in this table
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ARK. CODE. ANN. § 5-62-102 (2009). Definitions.
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 agency of
the state, county, municipality, or other governmental or political subdivision of the state which
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 practice” 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;
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(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-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;
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(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
(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 (2009). 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;
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(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 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);
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(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.

(e) Any person who pleads guilty or nolo contendere to or is found guilty of the offense of
cruelty to animals for a third offense occurring within five (5) years of a previous offense of
(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

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(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:

(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.
ARK. CODE. ANN. § 5-62-104 (2009). 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.
(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:

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(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.
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.
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2. PENALTIES
ARK. CODE. ANN. § 5-4-201 (2009). Fines -- Limitations on amount.
(a) A defendant convicted of a felony may be sentenced to pay a fine:
(1) Not exceeding fifteen thousand dollars ($15,000) if the conviction is of a Class A
felony or Class B felony;
(2) Not exceeding ten thousand dollars ($10,000) if the conviction is of a Class C felony
or Class D felony;
(3) In accordance with a limitation of the statute defining the felony if the conviction is of
an unclassified felony.
(b) A defendant convicted of a misdemeanor may be sentenced to pay a fine:
(1) Not exceeding two thousand five hundred dollars ($ 2,500) if the conviction is of a
Class A misdemeanor;
(2) Not exceeding one thousand dollars ($ 1,000) if the conviction is of a Class B
misdemeanor;
(3) Not exceeding five hundred dollars ($500) if the conviction is of a Class C
misdemeanor; or
(4) In accordance with a limitation of the statute defining the misdemeanor if the
conviction is of an unclassified misdemeanor.
(c) A defendant convicted of a violation may be sentenced to pay a fine:
(1) Not exceeding one hundred dollars ($100) if the violation is defined by the Arkansas
Criminal Code or defined by a statute enacted subsequent to January 1, 1976, that does
not prescribe a different limitation on the amount of the fine; or
(2) In accordance with a limitation of the statute defining the violation if that statute
prescribes limitations on the amount of the fine.
(d)
(1) Notwithstanding a limit imposed by this section, if the defendant has derived
pecuniary gain from commission of an offense, then upon conviction of the offense the
defendant may be sentenced to pay a fine not exceeding two (2) times the amount of the
pecuniary gain.
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(2) As used in this subsection, "pecuniary gain" means the amount of money or the value
of property derived from the commission of the offense, less the amount of money or the
value of property returned to the victim of the crime or seized by or surrendered to a
lawful authority prior to the time sentence is imposed.
(e) An organization convicted of an offense may be sentenced to pay a fine authorized by

subsection (d) of this section or not exceeding two (2) times the maximum fine otherwise
authorized upon conviction of the offense by subsections (a), (b), or (c) of this section.
(f)
(1) Notwithstanding a limit imposed by this section or the section defining the felony
offense, if a defendant has derived pecuniary gain from the commission of a felony
offense under § 5-68-201 et seq., § 5-68-301 et seq., the Arkansas Law on Obscenity, §
5-68-401 et seq., or § 5-68-501 et seq., then upon conviction of the felony offense, the
defendant may be sentenced to pay a fine not exceeding two hundred fifty thousand
dollars ($250,000).
(2) As used in this subsection, "derived pecuniary gain" means that a defendant received
income, benefit, property, money, or anything of value from the commission of a felony
5-68-401 et seq., or § 5-68-501 et seq.
ARK. CODE. ANN. § 5-4-401 (2009). Sentence.
(a) A defendant convicted of a felony shall receive a determinate sentence according to the
following limitations:
(1) For a Class Y felony, the sentence shall be not less than ten (10) years and not more
than forty (40) years, or life;
(2) For a Class A felony, the sentence shall be not less than six (6) years nor more than
thirty (30) years;
(3) For a Class B felony, the sentence shall be not less than five (5) years nor more than
twenty (20) years;
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(4) For a Class C felony, the sentence shall be not less than three (3) years nor more than
ten (10) years;
(5) For a Class D felony, the sentence shall not exceed six (6) years;
(6) For an unclassified felony, the sentence shall be in accordance with the limitations of
the statute defining the felony.
(b) A defendant convicted of a misdemeanor may be sentenced according to the following

limitations:
(1) For a Class A misdemeanor, the sentence shall not exceed one (1) year;
(2) For a Class B misdemeanor, the sentence shall not exceed ninety (90) days;
(3) For a Class C misdemeanor, the sentence shall not exceed thirty (30) days;
(4) For an unclassified misdemeanor, the sentence shall be in accordance with the
limitations of the statute defining the misdemeanor.
(1) “Child” means a person under sixteen (16) years of age; and
(2) “In the presence of a child” means in the physical presence of a child or knowing or having
reason to know that a child is present and may see or hear an act of assault, battery, domestic
battering, aggravated cruelty to a dog, cat, or horse, or assault on a family member or
household member.
ARK. CODE. ANN. § 5-4-702 (2009). Enhanced penalties for offenses committed in presence
of a child.
(a) Any person who commits a felony offense involving assault, battery, domestic battering, or
assault on a family member or household member, under § 5-13-201 et seq. or § 5-26-303 —5-
26-306, may be subject to an enhanced sentence of an additional term of imprisonment of not
less than one (1) year and not greater than ten (10) years if the offense is committed in the
presence of a child.
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(b) Any person who commits the offense of aggravated cruelty to a dog, cat, or horse under § 5-
62-104, may be subject to an enhanced sentence of an additional term of imprisonment not to
exceed five (5) years if the offense is committed in the presence of a child.
(c)
(1) To seek an enhanced penalty established in this section, a prosecuting attorney shall
notify the defendant in writing that the defendant is subject to the enhanced penalty.
(2) If the defendant is charged by information or indictment, the prosecuting attorney may
include the written notice in the information or indictment.
(d) The enhanced portion of the sentence is consecutive to any other sentence imposed.
(e) Any person convicted under this section is not eligible for early release on parole or
community correction transfer for the enhanced portion of the sentence.
of the owner;
food and water;
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dollars ($1,000);
(2) Either:
(3)
(A) Both:


(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:
($1,000);
(2) Either:
(3)
(A) Both:

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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:
dollars ($1,000);
(2) Either:
(3) Both:

(f)

(g)
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(3) Both:


offense.
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(f)
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3. EXEMPTIONS
ARK. CODE. ANN. § 5-62-105 (2009). Exemptions.
(a) This subchapter does not prohibit any of the following activities:
(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 Amendment 35 of the Arkansas Constitution,
by § 15-41-101 et seq., or by any Arkansas State Game and Fish Commission regulation
promulgated under either Amendment 35 of the Arkansas Constitution or statute;
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(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
(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. § 5-62-126 (2009). 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 or the offense of aggravated cruelty to a dog, cat, or horse if the owner of
the animal or the person in control of the animal was 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 or the offense of aggravated cruelty to a dog, cat,
or horse.
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of the owner;
food and water;
dollars ($1,000);
(2) Either:
(3)
(A) Both:
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(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:
($1,000);
(2) Either:
(3)
(A) Both:


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:
dollars ($1,000);
(2) Either:
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(3) Both:

(f)

(g)
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(3) Both:

(b) A person who pleads guilty or nolo contendere to or is found guilty of aggravated cruelty to a

(c) The cost of any psychiatric or psychological evaluation, counseling, or treatment ordered
(d) For purposes of this section, each alleged act of the offense of aggravated cruelty to a dog,
offense.
(e)
-----
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ARK. CODE. ANN. § 5-62-106 (2009). Disposition of animal.
(a)
(1) Unless otherwise ordered by a court, for purposes of this subchapter, an animal that
has been seized by a law enforcement officer or animal control officer under this
subchapter shall remain at the appropriate place of custody for a period of at least fifteen
(15) consecutive days, including weekends and holidays, after written notice is received
by the owner.
(2) The written notice shall:
(A) Be left at the last known address of the owner; and
(B) Contain a description of the animal seized, the date seized, the name and
contact information of the law enforcement or animal control officer seizing the
animal, the location of the animal, and the reason for the seizure.
(3) If the owner of the animal cannot be determined, a written notice regarding the
seizure of the animal shall be conspicuously posted where the animal is seized at the time
the seizure occurs if practicable and a notice shall be published in a local newspaper of
general circulation in the jurisdiction where the animal was seized at least two (2) times
each week for two (2) consecutive weeks, with the first notice published within three (3)
days of the seizure, and no less than at least five (5) days before a hearing conducted
under this section.
(4)
(A) After written notice is received by the owner or published under subdivision
(a)(3) of this section, the owner within fifteen (15) business days may petition the
district court having jurisdiction where the animal was seized to determine the
custody of the animal.
(B) If a petition is not filed by the owner within the time period prescribed by this
section, the prosecuting attorney shall file a petition in the district court to divest
the owner of ownership of the animal and, after a hearing, the district court may
order the animal transferred to an appropriate place of custody, euthanized, or any
other disposition the district court deems appropriate.
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(b)
(1)
(A) When an owner files a petition under subsection (a) of this section and the
district court determines that the owner shall be divested of custody of the animal,
the district court shall order the owner of the animal to post a bond with the
district court in an amount the district court determines is sufficient to care for
the animal for at least thirty (30) days.
(B) The bond shall not prevent the appropriate place of custody from disposing of
the animal at the end of the thirty-day period covered by the bond, unless a
person claiming an interest in the animal posts a new bond for an amount
determined by the court for an additional thirty-day period.
(2)
(A) If a petition has been filed by the owner of an animal or the prosecuting
attorney under subsection (a) of this section, a person claiming an interest in
an animal seized may prevent disposition of the animal as provided in
subsection (a) of this section by posting a bond with the district court in an
amount the district court determines is sufficient to care for the animal for at
least thirty (30) days.
(B) If a person who claims an interest in the animal has not posted bond in
accordance with subdivision (b)(2)(A) of this section, the district court shall
determine final disposition of the animal in accordance with reasonable
practices for the humane treatment of animals.
(c)
(1) A diseased or injured animal:
(A) Seized under this section may be appropriately treated for injury or disease
without a court order; and
(B) Is subject to being euthanized without a court order when it is determined by

a licensed veterinarian that euthanizing is necessary to prevent the suffering of the
animal.
(2)
(A) Except as provided in subdivision (c)(1) of this section, an appropriate place

of custody shall not alter or modify an animal in any manner, including without
limitation the neutering, spaying, or castration of the animal, without:
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(i) A written court order that is issued after a petition is filed by the
prosecuting attorney requesting alteration or modification and a hearing
involving all interested parties as set forth in subsection (a) of this section;
or
(ii) The written consent of the owner.
(B) A violation of this subsection is a Class B misdemeanor.
(d)
(1) If a person pleads guilty or nolo contendere to or is found 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, and if that person is also the owner of the animal, the court shall divest
the person of ownership of the animal, and the court shall either:
(A) Order the animal given to an appropriate place of custody;
(B) Order the animal euthanized if the court decides that the best interests of the
animal or that the public health and safety would be best served by euthanizing
the animal based on the sworn testimony of a licensed veterinarian or animal
control officer; or
(C) Make any other disposition the court deems appropriate.
horse, § 5-62-104, and the person is not the owner of the animal, the court shall order that
the animal be returned to the owner, if practicable, or, if not practicable, the court shall
either:
control officer; or
(e) The court shall order an animal seized under this section returned to the owner if the owner:
(1) Filed a petition under subsection (a) of this section;
(2) Paid all reasonable expenses incurred in caring for the animal; and
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(3) Is found not guilty 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, or the proceedings against the
owner have otherwise terminated.
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ARK. CODE. ANN. § 5-62-108 (2009). Arrested persons -- Animal possession.
(a) If a law enforcement officer arrests a person in charge of any vehicle drawn by or containing
an animal, the law enforcement officer may seize the animal and impound in any lawful manner
the vehicle and the contents of the vehicle.
(b)
(1) A law enforcement officer that seizes an animal under subsection (a) of this section
shall place the animal with an appropriate place of custody.
(2) If an animal is seized under this section, an owner of the animal may petition to
regain possession of the animal in the manner proscribed in § 5-62-106.
(c) Any vehicle or contents of the vehicle impounded under subsection (a) of this section shall be
returned to the owner as soon as reasonably practicable under the circumstances unless the
vehicle or contents of the vehicle are subject to seizure for any other lawful reason.
ARK. CODE. ANN. § 5-62-112 (2009). Search Warrant.
A search warrant related to an investigation under this subchapter may be:
(1) Issued by a judge or magistrate if he or she has reasonable cause to believe that the
search will discover persons or things specified in the application and subject to seizure;
and
(2) Executed by any law enforcement officer.
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(a)
subchapter shall remain at the appropriate place of custody for a period of at least
fifteen (15) consecutive days, including weekends and holidays, after written notice is
received by the owner.
under this section.
(4)
order the animal transferred to an appropriate place of custody, euthanized, or
any other disposition the district court deems appropriate.
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(b)
(1)
district court in an amount the district court determines is sufficient to care for
the animal for at least thirty (30) days.
the animal at the end of the thirty-day period covered by the bond, unless a
person claiming an interest in the animal posts a new bond for an amount
determined by the court for an additional thirty-day period.
(2)
(c)

a licensed veterinarian that euthanizing is necessary to prevent the suffering of
the animal.
(2)

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involving all interested parties as set forth in subsection (a) of this
section; or
(d)
horse, § 5-62-104, and if that person is also the owner of the animal, the court shall
divest the person of ownership of the animal, and the court shall either:
control officer; or
horse, § 5-62-104, and the person is not the owner of the animal, the court shall order
that the animal be returned to the owner, if practicable, or, if not practicable, the court
shall either:
control officer; or
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ARK. CODE. ANN. § 5-62-107 (2009). 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 or aggravated cruelty to a dog, cat, or horse 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.
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cruelty to animals or aggravated cruelty to a dog, cat, or horse 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 (2009). 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.
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ARK. CODE. ANN. § 5-62-111 (2009). Prevention of cruelty.
(a) A person may lawfully interfere to prevent the imminent or ongoing perpetration of any
offense of cruelty to animals or aggravated cruelty to a dog, cat, or horse 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. § 5-62-113 (2009). Authority to make arrests.
A law enforcement officer may make an arrest under the Arkansas Rules of Criminal Procedure
and bring before a court or magistrate having jurisdiction any person alleged to have violated
this subchapter.
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12. SEXUAL ASSAULT
ARK. CODE. ANN. § 5-14-122 (2009). 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.
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13. FIGHTING
ARK. CODE. ANN. § 5-62-120 (2009). Unlawful animal fighting.
(a)
(1) A person commits the offense of unlawful animal fighting in the first degree if he or
she knowingly:
(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.
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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.
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ARK. CODE. ANN. § 5-4-201 (2009). Fines -- Limitations on amount.
(a) A defendant convicted of a felony may be sentenced to pay a fine:
(1) Not exceeding fifteen thousand dollars ($15,000) if the conviction is of a Class A
felony or Class B felony;
(2) Not exceeding ten thousand dollars ($10,000) if the conviction is of a Class C felony
or Class D felony;
(3) In accordance with a limitation of the statute defining the felony if the conviction is of
an unclassified felony.
(b) A defendant convicted of a misdemeanor may be sentenced to pay a fine:
(1) Not exceeding two thousand five hundred dollars ($ 2,500) if the conviction is of a
Class A misdemeanor;
(2) Not exceeding one thousand dollars ($ 1,000) if the conviction is of a Class B
misdemeanor;
(3) Not exceeding five hundred dollars ($500) if the conviction is of a Class C
misdemeanor; or
(4) In accordance with a limitation of the statute defining the misdemeanor if the
conviction is of an unclassified misdemeanor.
(c) A defendant convicted of a violation may be sentenced to pay a fine:
(1) Not exceeding one hundred dollars ($100) if the violation is defined by the Arkansas
Criminal Code or defined by a statute enacted subsequent to January 1, 1976, that does
not prescribe a different limitation on the amount of the fine; or
(2) In accordance with a limitation of the statute defining the violation if that statute
prescribes limitations on the amount of the fine.
(d)
(1) Notwithstanding a limit imposed by this section, if the defendant has derived
pecuniary gain from commission of an offense, then upon conviction of the offense the
defendant may be sentenced to pay a fine not exceeding two (2) times the amount of the
pecuniary gain.
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(2) As used in this subsection, "pecuniary gain" means the amount of money or the value
of property derived from the commission of the offense, less the amount of money or the
value of property returned to the victim of the crime or seized by or surrendered to a
lawful authority prior to the time sentence is imposed.
(e) An organization convicted of an offense may be sentenced to pay a fine authorized by

subsection (d) of this section or not exceeding two (2) times the maximum fine otherwise
authorized upon conviction of the offense by subsections (a), (b), or (c) of this section.
(f)
(1) Notwithstanding a limit imposed by this section or the section defining the felony
offense, if a defendant has derived pecuniary gain from the commission of a felony
5-68-401 et seq., or § 5-68-501 et seq., then upon conviction of the felony offense, the
defendant may be sentenced to pay a fine not exceeding two hundred fifty thousand
dollars ($250,000).
(2) As used in this subsection, "derived pecuniary gain" means that a defendant received
income, benefit, property, money, or anything of value from the commission of a felony
5-68-401 et seq., or § 5-68-501 et seq.
ARK. CODE. ANN. § 5-4-401 (2009). Sentence.
(a) A defendant convicted of a felony shall receive a determinate sentence according to the
following limitations:
(1) For a Class Y felony, the sentence shall be not less than ten (10) years and not more
than forty (40) years, or life;
(2) For a Class A felony, the sentence shall be not less than six (6) years nor more than
thirty (30) years;
(3) For a Class B felony, the sentence shall be not less than five (5) years nor more than
twenty (20) years;
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(4) For a Class C felony, the sentence shall be not less than three (3) years nor more than
ten (10) years;
(5) For a Class D felony, the sentence shall not exceed six (6) years;
(6) For an unclassified felony, the sentence shall be in accordance with the limitations of
the statute defining the felony.
(b) A defendant convicted of a misdemeanor may be sentenced according to the following

limitations:
(1) For a Class A misdemeanor, the sentence shall not exceed one (1) year;
(2) For a Class B misdemeanor, the sentence shall not exceed ninety (90) days;
(3) For a Class C misdemeanor, the sentence shall not exceed thirty (30) days;
(4) For an unclassified misdemeanor, the sentence shall be in accordance with the
limitations of the statute defining the misdemeanor.
(1) “Child” means a person under sixteen (16) years of age; and
(2) “In the presence of a child” means in the physical presence of a child or knowing or having
reason to know that a child is present and may see or hear an act of assault, battery, domestic
battering, aggravated cruelty to a dog, cat, or horse, or assault on a family member or household
member.
ARK. CODE. ANN. § 5-4-702 (2009). Enhanced penalties for offenses committed in presence
of a child.
(a) Any person who commits a felony offense involving assault, battery, domestic battering, or
assault on a family member or household member, under § 5-13-201 et seq. or § 5-26-303 —5-
26-306, may be subject to an enhanced sentence of an additional term of imprisonment of not
less than one (1) year and not greater than ten (10) years if the offense is committed in the
presence of a child.
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(b) Any person who commits the offense of aggravated cruelty to a dog, cat, or horse under § 5-
62-104, may be subject to an enhanced sentence of an additional term of imprisonment not to
exceed five (5) years if the offense is committed in the presence of a child.
(c)
(1) To seek an enhanced penalty established in this section, a prosecuting attorney shall
notify the defendant in writing that the defendant is subject to the enhanced penalty.
(2) If the defendant is charged by information or indictment, the prosecuting attorney may
include the written notice in the information or indictment.
(d) The enhanced portion of the sentence is consecutive to any other sentence imposed.
(e) Any person convicted under this section is not eligible for early release on parole or
community correction transfer for the enhanced portion of the sentence.
ARK. CODE. ANN. § 5-14-122 (2009). 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.
(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 agency of
the state, county, municipality, or other governmental or political subdivision of the state which
is responsible for animal control operations in its jurisdiction;
(4)
(A) “Animal husbandry practices” means the breeding, raising, production, and
management of animals.
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(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-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;

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(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
(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;
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(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.
of the owner;
food and water;
(c) Any person who pleads guilty or nolo contendere to or is found guilty of cruelty to animals
dollars ($1,000);
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(2) Either:
(3)
(A) Both:


(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
($1,000);
(2) Either:
(3)
(A) Both:


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dollars ($1,000);
(2) Either:
(3) Both:

(f)

(g)
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(3) Both:


offense.
(f)
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ARK. CODE. ANN. § 5-62-105 (2009). Exemptions.
(a) This subchapter does not prohibit any of the following activities:
(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;
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(9) Engaging in the taking of game or fish through hunting, trapping, or fishing, or
engaging in any other activity authorized by Amendment 35 of the Arkansas Constitution,
by § 15-41-101 et seq., or by any Arkansas State Game and Fish Commission regulation
promulgated under either Amendment 35 of the Arkansas Constitution 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
(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.
(a)
subchapter shall remain at the appropriate place of custody for a period of at least fifteen
(15) consecutive days, including weekends and holidays, after written notice is received
by the owner.
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under this section.
(4)
order the animal transferred to an appropriate place of custody, euthanized, or any
other disposition the district court deems appropriate.
(b)
(1)
district court in an amount the district court determines is sufficient to care for the
animal for at least thirty (30) days.
the animal at the end of the thirty-day period covered by the bond, unless a person
claiming an interest in the animal posts a new bond for an amount determined by
the court for an additional thirty-day period.
(2)
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(c)

a licensed veterinarian that euthanizing is necessary to prevent the suffering of the
animal.
(2)

involving all interested parties as set forth in subsection (a) of this section;
or
(d)
horse, § 5-62-104, and if that person is also the owner of the animal, the court shall divest
the person of ownership of the animal, and the court shall either:
control officer; or

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horse, § 5-62-104, and the person is not the owner of the animal, the court shall order that
the animal be returned to the owner, if practicable, or, if not practicable, the court shall
either:
control officer; or
cruelty to animals or aggravated cruelty to a dog, cat, or horse 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. § 5-62-108 (2009). Arrested persons -- Animal possession.
(a) If a law enforcement officer arrests a person in charge of any vehicle drawn by or containing
an animal, the law enforcement officer may seize the animal and impound in any lawful manner
the vehicle and the contents of the vehicle.
(b)
(1) A law enforcement officer that seizes an animal under subsection (a) of this section
shall place the animal with an appropriate place of custody.
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(2) If an animal is seized under this section, an owner of the animal may petition to
regain possession of the animal in the manner proscribed in § 5-62-106.
(c) Any vehicle or contents of the vehicle impounded under subsection (a) of this section shall be
returned to the owner as soon as reasonably practicable under the circumstances unless the
vehicle or contents of the vehicle are subject to seizure for any other lawful reason.
ARK. CODE. ANN. § 5-62-109 (2009). 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 (2009). Prevention of cruelty.
(a) A person may lawfully interfere to prevent the imminent or ongoing perpetration of any
offense of cruelty to animals or aggravated cruelty to a dog, cat, or horse 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. § 5-62-112 (2009). Search Warrant.
A search warrant related to an investigation under this subchapter may be:
(1) Issued by a judge or magistrate if he or she has reasonable cause to believe that the
search will discover persons or things specified in the application and subject to seizure;
and
(2) Executed by any law enforcement officer.
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ARK. CODE. ANN. § 5-62-113 (2009). Authority to make arrests.
A law enforcement officer may make an arrest under the Arkansas Rules of Criminal Procedure
and bring before a court or magistrate having jurisdiction any person alleged to have violated
this subchapter.
ARK. CODE. ANN. § 5-62-120 (2009). Unlawful animal fighting.
(a)
(1) A person commits the offense of unlawful animal fighting in the first degree if he or
she knowingly:
(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.
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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. § 5-62-126 (2009). 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 or the offense of aggravated cruelty to a dog, cat, or horse if the owner of
the animal or the person in control of the animal was 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 or the offense of aggravated cruelty to a dog, cat,
or horse.
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ANIMAL PROTECTION LAWS OF CALIFORNIA
ANIMAL PROTECTION LAWS OF CALIFORNIA
2. PENALTIES
3. EXEMPTIONS
12. SEXUAL ASSAULT
13. FIGHTING
This chapter contains California’s general animal protection and related statutes enacted prior to November 2009. It
California may employ similar provisions within other non-animal-specific criminal and civil statutes; may have other

USA Map
CALIFORNIA

Poisoning animals
CAL. PEN. CODE § 596
(2)
Maliciously and intentionally injure or kill a
non-threatened or endangered animal
CAL. PEN. CODE § 597(a)
(3)
General cruelty and neglect
CAL. PEN. CODE § 597(b)
(4)
Maliciously and intentionally injure or kill a
threatened or endangered animal
CAL. PEN. CODE § 597(c)
(5)
Cruelty to animals being transported
CAL. PEN. CODE § 597a
(6)
Abandonment or neglect of animals
CAL. PEN. CODE § 597f
(7)
Abandonment of domestic animals
CAL. PEN. CODE § 597s
(8)
Animal confinement
CAL. PEN. CODE § 597t
(9)
Failure to care for animals
CAL. PEN. CODE § 597.1
(10)
Animal endangerment
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CALIFORNIA continued
Animals Covered in Definition A[E]very dumb creature@

CAL. PEN. CODE § 599b
Endangered or threatened species, protected

birds, mammals, reptiles, amphibians, fish
CAL. PEN. CODE § 597(d)
Classification of Crimes (2), (3), (4)

Misdemeanor
or
Felony
----------
(1), (5), (6), (7), (8), (9), (10)

Misdemeanor
2. MAXIMUM PENALTIES ** (2), (3), (4)

[Misdemeanor]:
1 year county jail
CAL. PEN. CODE §§ 17, 18
and/or
$20,000 fine
CAL. PEN. CODE §§ 597(a),(b),(c)
[Felony]:
3 years state prison
and/or
$20,000 fine
CAL. PEN. CODE §§ 597(a),(b),(c)
----------
(1), (5), (6), (7), (8). (9), (10)
and/or
$1,000 fine
CAL. PEN. CODE § 597.7(b)
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3. EXEMPTIONS *** 2
CAL. PEN. CODE § 597(d)(2)
CAL. PEN. CODE § 599c
3
CAL. PEN. CODE § 597(d)(5)
CAL. PEN. CODE § 597s
5, 9
CAL. PEN. CODE § 597.7(e)
4. COUNSELING / EVALUATIONS H Court shall order counseling as a condition of

probation
CAL. PEN. CODE § 597(g)
5. PROTECTIVE ORDERS H CAL. FAM. CODE ANN. § 6320
6. RESTITUTION / REIMBURSEMENT Owner is liable for all costs of impoundment

OF COSTS / BONDING & LIENS
H
CAL. PEN. CODE §§ 597(f)(2); 597a; 597e;
597f(a),(b); 597.1(a)-(c); 597.1(f)(1)(E),(4);
597.1(g)(1)(E); 597.1(h),(k)
A lien for costs of care attaches to impounded

animals and vehicle used to cruelly transport
them
Court may order restitution, upon conviction

CAL. PEN. CODE § 597.1(k)
Procedure for satisfying lien

CAL. CIV. PROC. CODE § 1208.5
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7. SEIZURE / ON-SITE SUPERVISION Mandatory seizure does not apply to research

animals
CAL. PEN. CODE § 597(f)(2)
Peace officer, humane society officer, or

animal control officer shall take possession
of stray, sick, lame, neglected or abandoned
animals; and any endangered animal in an
unattended vehicle
CAL. PEN. CODE §§ 597f(2), 597.1, 597.7
Search warrants shall be issued for reasonable

cause
8. FORFEITURE / POSSESSION H All animals seized shall be considered

forfeited upon conviction
CAL. PEN. CODE §§ 597(f)(1), 597.1(k)
Veterinarians may adopt injured animals that

they treat if owner does not redeem animals
within a certain period
CAL. PEN. CODE § 597.1(c)
Within certain time limits after a proper

seizure, impounding officer has authority to
permanently dispose of certain seized animals
if costs are not paid, or if the humane society
or public agency is not assured owner will
provide necessary veterinary care
CAL. PEN. CODE § 597.1(h),(i)
No animal properly seized shall be returned

to its owner until, in the determination of the
seizing agency or hearing officer, the animal
is physically fit or the owner can demonstrate
to the seizing agency's or hearing officer's
satisfaction that the owner can and will
provide the necessary care
CAL. PEN. CODE § 597.1(j)
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8. FORFEITURE / POSSESSION H continued As a condition of probation, offender may be

prohibited from owning, possessing, caring
for, or having any contact with, animals.
CAL. PEN. CODE § 597.1(k)
9. CROSS ENFORCEMENT / REPORTING Animal control and humane officers must

report suspected or known child abuse
Employees of child or adult protective service

agencies may report suspected animal abuse
10. VETERINARIAN REPORTING / IMMUNITY Veterinarians immune from civil or criminal

liability for treating injured animals when
brought to them by peace officers or humane
agents
CAL. PEN. CODE § 597f(b)
Veterinarians are required to report suspected

cases of animal fighting and animal cruelty
and are immune from any civil liability for so
reporting
CAL. BUS. & PROF. CODE §§ 4830.5, 4830.7
11. LAW ENFORCEMENT POLICIES Authorized humane agents may make arrests,
serve search warrants, carry firearms, and use
reasonable force necessary to prevent the
perpetration of cruelty to animals
CAL.CORP.CODE § 14502
12. SEXUAL ASSAULT Sexually assaulting an animal is a

misdemeanor
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13. FIGHTING Various animal fighting activities (not

including dogs fighting dogs) are
misdemeanors
CAL. PEN. CODE §§ 597b, 597c, 597j
Law enforcement and qualified humane
agents may enter an exhibit of fighting
animals and arrest all present
CAL. PEN. CODE § 597d
Manufacturing, buying, selling, bartering,
exchanging, or having in one’s possession
certain cockfighting implements is a
misdemeanor
CAL. PEN. CODE § 597i
Bullfights, except bloodless and contests or
exhibits held in connection with religious
events, are prohibited
CAL. PEN. CODE § 597m
Various dogfighting activities are felonies;
being a spectator at a dogfight or being
present at any place where a dogfight is being
prepared is a misdemeanor
Forfeiture procedures for certain property that
was acquired through dogfighting
Seizure and forfeiture provisions for fighting
animals and other property used in violation
of the law
CAL. PEN. CODE § 599aa
Other Felony Provisions Affecting Animals I Slaughtering horses for human consumption
H This table generally references only those provisions that are within each state=s animal protection statutes. States may employ similar
I This list is not exhaustive; states may authorize felony penalties for other crimes involving animals not included in this table.
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CAL. PENAL CODE § 596 (2009). Poisoning animals; exceptions; posting warning signs.
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 conspicuously 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 § 597 (2009). 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).
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(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 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.
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(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 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 § 597a (2009). Cruelty to animals; transportation; care of animals by
arresting officer; expense
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.
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CAL. PENAL CODE § 597f (2009). Abandoned or neglected animals; Duties of public
authorities; Euthanasia.
(a) Every owner, driver, or possessor of any animal, who permits the animal to be in any
building, enclosure, lane, street, square, or lot, of any city, city and county, or judicial district,
without proper care and attention, shall, on conviction, be deemed guilty of a misdemeanor. And
it shall be the duty of any peace officer, officer of the humane society, or officer of a pound or
animal regulation department of a public agency, to take possession of the animal so abandoned
or neglected and care for the animal until it is redeemed by the owner or claimant, and the cost of
caring for the animal shall be a lien on the animal until the charges are paid. Every sick,
disabled, infirm, or crippled animal, except a dog or cat, which shall be abandoned in any city,
city and county, or judicial district, may, if after due search no owner can be found therefor, be
killed by the officer; and it shall be the duty of all peace officers, an officer of such society, or
officer of a pound or animal regulation department of a public agency to cause the animal to be
killed on information of such abandonment. The officer may likewise take charge of any animal,
including a dog or cat, that by reason of lameness, sickness, feebleness, or neglect, is unfit for
the labor it is performing, or that in any other manner is being cruelly treated; and, if the animal
is not then in the custody of its owner, the officer shall give notice thereof to the owner, if
known, and may provide suitable care for the animal until it is deemed to be in a suitable
condition to be delivered to the owner, and any necessary expenses which may be incurred for
taking care of and keeping the animal shall be a lien thereon, to be paid before the animal can be
lawfully recovered.
(b) It shall be the duty of all officers of pounds or humane societies, and animal regulation
departments of public agencies to convey, and for police and sheriff departments, to cause to be
conveyed all injured cats and dogs found without their owners in a public place directly to a
veterinarian known by the officer or agency to be a veterinarian that ordinarily treats dogs and
cats for a determination of whether the animal shall be immediately and humanely destroyed or
shall be hospitalized under proper care and given emergency treatment. If the owner does not
redeem the animal within the locally prescribed waiting period, the veterinarian may personally
perform euthanasia on the animal; or, if the animal is treated and recovers from its injuries, the
veterinarian may keep the animal for purposes of adoption, provided the responsible animal
control agency has first been contacted and has refused to take possession of the animal.
Whenever any animal is transferred pursuant to this subdivision to a veterinarian in a clinic, such
as an emergency clinic which is not in continuous operation, the veterinarian may, in turn,
transfer the animal to an appropriate facility.
If the veterinarian determines that the animal shall be hospitalized under proper care and given
emergency treatment, the costs of any services which are provided pending the owner's inquiry
to the agency, department, or society shall be paid from the dog license fees, fines, and fees for
impounding dogs in the city, county, or city and county in which the animal was licensed or if
the animal is unlicensed the jurisdiction in which the animal was found, subject to the provision
that this cost be repaid by the animal's owner. No veterinarian shall be criminally or civilly liable
for any decision which he or she makes or services which he or she provides pursuant to this
section.
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(c) An animal control agency which takes possession of an animal pursuant to subdivision (b),
shall keep records of the whereabouts of the animal for a 72- hour period from the time of
possession and those records shall be available to inspection by the public upon request.
(d) Notwithstanding any other provisions of this section, any officer of a pound or animal
regulation department or humane society, or any officer of a police or sheriff's department may,
with the approval of his or her immediate superior, humanely destroy any abandoned animal in
the field in any case where the animal is too severely injured to move or where a veterinarian is
not available and it would be more humane to dispose of the animal.
CAL. PENAL CODE § 597s (2009). Abandonment of domestic animals.
(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 § 597t (2009). Confined animals.
Every person who keeps an animal confined in an enclosed area shall provide it with an
adequate exercise area. If the animal is restricted by a leash, rope, or chain, the leash, rope, or
chain shall be affixed in such a manner that it will prevent the animal from becoming entangled
or injured and permit the animal's access to adequate shelter, food, and water. Violation of this
section constitutes a misdemeanor. This section shall not apply to an animal which is in transit,
in a vehicle, or in the immediate control of a person.
CAL. PENAL CODE § 597.1 (2009). Animals in specified places without proper care or
attention
(a) Every owner, driver, or keeper of any animal who permits the animal to be in any building,
enclosure, lane, street, square, or lot of any city, county, city and county, or judicial district
without proper care and attention is guilty of a misdemeanor. Any peace officer, humane
society officer, or animal control officer shall take possession of the stray or abandoned animal
and shall provide care and treatment for the animal until the animal is deemed to be in suitable
condition to be returned to the owner. When the officer has reasonable grounds to believe that
very prompt action is required to protect the health or safety of the animal or the health or safety
of others, the officer shall immediately seize the animal and comply with subdivision (f). In all
other cases, the officer shall comply with the provisions of subdivision (g). The cost of caring for
and treating any animal properly seized under this subdivision shall constitute a lien on the
animal and the animal shall not be returned to its owner until the charges are paid, if the seizure
is upheld pursuant to this section.
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(b) Every sick, disabled, infirm, or crippled animal, except a dog or cat, that is abandoned in any
city, county, city and county, or judicial district may be killed by the officer if, after a reasonable
search, no owner of the animal can be found. It shall be the duty of all peace officers, humane
society officers, and animal control officers to cause the animal to be killed or rehabilitated and
placed in a suitable home on information that the animal is stray or abandoned. The officer may
likewise take charge of any animal, including a dog or cat, that by reason of lameness, sickness,
feebleness, or neglect, is unfit for the labor it is performing, or that in any other manner is being
cruelly treated, and provide care and treatment for the animal until it is deemed to be in a
suitable condition to be returned to the owner. When the officer has reasonable grounds to
believe that very prompt action is required to protect the health or safety of an animal or the
health or safety of others, the officer shall immediately seize the animal and comply with
subdivision (f). In all other cases, the officer shall comply with subdivision (g). The cost of
caring for and treating any animal properly seized under this subdivision shall constitute a lien
on the animal and the animal shall not be returned to its owner until the charges are paid.
(c) Any peace officer, humane society officer, or animal control officer shall convey all injured
cats and dogs found without their owners in a public place directly to a veterinarian known by
the officer to be a veterinarian who ordinarily treats dogs and cats for a determination of whether
the animal shall be immediately and humanely destroyed or shall be hospitalized under proper
care and given emergency treatment.
If the owner does not redeem the animal within the locally prescribed waiting period, the
veterinarian may personally perform euthanasia on the animal. If the animal is treated and
recovers from its injuries, the veterinarian may keep the animal for purposes of adoption,
provided the responsible animal control agency has first been contacted and has refused to take
possession of the animal.
Whenever any animal is transferred to a veterinarian in a clinic, such as an emergency clinic that
is not in continuous operation, the veterinarian may, in turn, transfer the animal to an appropriate
facility.
emergency treatment, the costs of any services that are provided pending the owner's inquiry to
the responsible agency, department, or society shall be paid from the dog license fees, fines, and
fees for impounding dogs in the city, county, or city and county in which the animal was licensed
or, if the animal is unlicensed, shall be paid by the jurisdiction in which the animal was found,
subject to the provision that this cost be repaid by the animal's owner. The cost of caring for and
treating any animal seized under this subdivision shall constitute a lien on the animal and the
animal shall not be returned to the owner until the charges are paid. No veterinarian shall be
criminally or civilly liable for any decision that he or she makes or for services that he or she
provides pursuant to this subdivision.
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(d) An animal control agency that takes possession of an animal pursuant to subdivision (c) shall
keep records of the whereabouts of the animal from the time of possession to the end of the
animal's impoundment, and those records shall be available for inspection by the public upon
request for three years after the date the animal's impoundment ended.
(e) Notwithstanding any other provision of this section, any peace officer, humane society
officer, or any animal control officer may, with the approval of his or her immediate superior,
humanely destroy any stray or abandoned animal in the field in any case where the animal is too
severely injured to move or where a veterinarian is not available and it would be more humane to
dispose of the animal.
(f) Whenever an officer authorized under this section seizes or impounds an animal based on a
reasonable belief that prompt action is required to protect the health or safety of the animal or the
health or safety of others, the officer shall, prior to the commencement of any criminal
proceedings authorized by this section, provide the owner or keeper of the animal, if known or
ascertainable after reasonable investigation, with the opportunity for a postseizure hearing to
determine the validity of the seizure or impoundment, or both.
(1) The agency shall cause a notice to be affixed to a conspicuous place where the animal
was situated or personally deliver a notice of the seizure or impoundment, or both, to the
owner or keeper within 48 hours, excluding weekends and holidays. The notice shall
include all of the following:
(A) The name, business address, and telephone number of the officer providing
the notice.
(B) A description of the animal seized, including any identification upon the
animal.
(C) The authority and purpose for the seizure, or impoundment, including the
time, place, and circumstances under which the animal was seized.
(D) A statement that, in order to receive a postseizure hearing, the owner or

person authorized to keep the animal, or his or her agent, shall request the hearing
by signing and returning an enclosed declaration of ownership or right to keep the
animal to the agency providing the notice within 10 days, including weekends and
holidays, of the date of the notice. The declaration may be returned by personal
delivery or mail.
(E) A statement that the cost of caring for and treating any animal properly seized
under this section is a lien on the animal and that the animal shall not be returned
to the owner until the charges are paid, and that failure to request or to attend a
scheduled hearing shall result in liability for this cost.
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(2) The postseizure hearing shall be conducted within 48 hours of the request, excluding
weekends and holidays. The seizing agency may authorize its own officer or employee to
conduct the hearing if the hearing officer is not the same person who directed the seizure
or impoundment of the animal and is not junior in rank to that person. The agency may
utilize the services of a hearing officer from outside the agency for the purposes of
complying with this section.
(3) Failure of the owner or keeper, or of his or her agent, to request or to attend a
scheduled hearing shall result in a forfeiture of any right to a postseizure hearing or right
to challenge his or her liability for costs incurred.
(4) The agency, department, or society employing the person who directed the seizure
shall be responsible for the costs incurred for caring and treating the animal, if it is
determined in the postseizure hearing that the seizing officer did not have reasonable
grounds to believe very prompt action, including seizure of the animal, was required to
protect the health or safety of the animal or the health or safety of others. If it is
determined the seizure was justified, the owner or keeper shall be personally liable to the
seizing agency for the cost of the seizure and care of the animal, the charges for the
seizure and care of the animal shall be a lien on the animal, and the animal shall not be
returned to its owner until the charges are paid and the seizing agency or hearing officer
has determined that the animal is physically fit or the owner demonstrates to the seizing
agency's or the hearing officer's satisfaction that the owner can and will provide the
necessary care.
(g) Where the need for immediate seizure is not present and prior to the commencement of any
criminal proceedings authorized by this section, the agency shall provide the owner or keeper of
the animal, if known or ascertainable after reasonable investigation, with the opportunity for a
hearing prior to any seizure or impoundment of the animal. The owner shall produce the animal
at the time of the hearing unless, prior to the hearing, the owner has made arrangements with the
agency to view the animal upon request of the agency, or unless the owner can provide
verification that the animal was humanely destroyed. Any person who willfully fails to produce
the animal or provide the verification is guilty of an infraction, punishable by a fine of not less
than two hundred fifty dollars ($ 250) nor more than one thousand dollars ($ 1,000).
was situated or personally deliver a notice stating the grounds for believing the animal
should be seized under subdivision (a) or (b). The notice shall include all of the
following:
the notice.
(B) A description of the animal to be seized, including any identification upon the
animal.
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(C) The authority and purpose for the possible seizure or impoundment.
(D) A statement that, in order to receive a hearing prior to any seizure, the owner
or person authorized to keep the animal, or his or her agent, shall request the
hearing by signing and returning the enclosed declaration of ownership or right to
keep the animal to the officer providing the notice within two days, excluding
weekends and holidays, of the date of the notice.
under this section is a lien on the animal, that any animal seized shall not be
returned to the owner until the charges are paid, and that failure to request or to
attend a scheduled hearing shall result in a conclusive determination that the
animal may properly be seized and that the owner shall be liable for the charges.
(2) The preseizure hearing shall be conducted within 48 hours, excluding weekends and
holidays, after receipt of the request. The seizing agency may authorize its own officer or
employee to conduct the hearing if the hearing officer is not the same person who
requests the seizure or impoundment of the animal and is not junior in rank to that
person. The agency may utilize the services of a hearing officer from outside the agency
for the purposes of complying with this section.
(3) Failure of the owner or keeper, or his or her agent, to request or to attend a scheduled
hearing shall result in a forfeiture of any right to a preseizure hearing or right to
challenge his or her liability for costs incurred pursuant to this section.
(4) The hearing officer, after the hearing, may affirm or deny the owner's or keeper's right
to custody of the animal and, if reasonable grounds are established, may order the seizure
or impoundment of the animal for care and treatment.
(h) If any animal is properly seized under this section, the owner or keeper shall be personally
liable to the seizing agency for the cost of the seizure and care of the animal. Furthermore, if the
charges for the seizure or impoundment and any other charges permitted under this section are
not paid within 14 days of the seizure, or, if the owner, within 14 days of notice of availability of
the animal to be returned, fails to pay charges permitted under this section and take possession of
the animal, the animal shall be deemed to have been abandoned and may be disposed of by the
impounding officer.
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(i) If the animal requires veterinary care and the humane society or public agency is not assured,
within 14 days of the seizure of the animal, that the owner will provide the necessary care, the
animal shall not be returned to its owner and shall be deemed to have been abandoned and may
be disposed of by the impounding officer. A veterinarian may humanely destroy an impounded
animal without regard to the prescribed holding period when it has been determined that the
animal has incurred severe injuries or is incurably crippled. A veterinarian also may
immediately humanely destroy an impounded animal afflicted with a serious contagious disease
unless the owner or his or her agent immediately authorizes treatment of the animal by a
veterinarian at the expense of the owner or agent.
(j) No animal properly seized under this section shall be returned to its owner until, in the
determination of the seizing agency or hearing officer, the animal is physically fit or the owner
can demonstrate to the seizing agency's or hearing officer's satisfaction that the owner can and
will provide the necessary care.
(k) Upon the conviction of a person charged with a violation of this section, or Section 597 or
597a, all animals lawfully seized and impounded with respect to the violation shall be adjudged
by the court to be forfeited and shall thereupon be transferred to the impounding officer or
appropriate public entity for proper adoption or other disposition. A person convicted of a
violation of this section shall be personally liable to the seizing agency for all costs of
impoundment from the time of seizure to the time of proper disposition. Upon conviction, the
court shall order the convicted person to make payment to the appropriate public entity for the
costs incurred in the housing, care, feeding, and treatment of the seized or impounded animals.
Each person convicted in connection with a particular animal may be held jointly and severally
liable for restitution for that particular animal. The payment shall be in addition to any other fine
or sentence ordered by the court.
The court may also order, as a condition of probation, that the convicted person be prohibited
from owning, possessing, caring for, or having any contact with, animals of any kind and require
the convicted person to immediately deliver all animals in his or her possession to a designated
public entity for adoption or other lawful disposition or provide proof to the court that the person
no longer has possession, care, or control of any animals. In the event of the acquittal or final
discharge without conviction of the arrested person, the court shall, on demand, direct the release
of seized or impounded animals upon a showing of proof of ownership. Any questions regarding
ownership shall be determined in a separate hearing by the court where the criminal case was
finally adjudicated and the court shall hear testimony from any persons who may assist the court
in determining ownership of the animal. If the owner is determined to be unknown or the owner
is prohibited or unable to retain possession of the animals for any reason, the court shall order
the animals to be released to the appropriate public entity for adoption or other lawful
disposition. This section is not intended to cause the release of any animal, bird, reptile,
amphibian, or fish, seized or impounded pursuant to any other statute, ordinance, or municipal
regulation. This section shall not prohibit the seizure or impoundment of animals as evidence as
provided for under any other provision of law.
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(l) It shall be the duty of all peace officers, humane society officers, and animal control officers
to use all currently acceptable methods of identification, both electronic and otherwise, to
determine the lawful owner or caretaker of any seized or impounded animal. It shall also be their
duty to make reasonable efforts to notify the owner or caretaker of the whereabouts of the animal
and any procedures available for the lawful recovery of the animal and, upon the owner's and
caretaker's initiation of recovery procedures, retain custody of the animal for a reasonable period
of time to allow for completion of the recovery process. Efforts to locate or contact the owner or
caretaker and communications with persons claiming to be the owner or caretaker shall be
recorded and maintained and be made available for public inspection.
CAL. PENAL CODE § 597.7 (2009). Animal endangerment; confinement in unattended motor
vehicle; violations and penalties
(a) No person shall leave or confine an animal in any unattended motor vehicle under conditions
that endanger the health or well-being of an animal due to heat, cold, lack of adequate
ventilation, or lack of food or water, or other circumstances that could reasonably be expected
to cause suffering, disability, or death to the animal.
(b) Unless the animal suffers great bodily injury, a first conviction for violation of this section is
punishable by a fine not exceeding one hundred dollars ($100) per animal. If the animal suffers
great bodily injury, a violation of this section is punishable by a fine not exceeding five hundred
dollars ($500), imprisonment in a county jail not exceeding six months, or by both a fine and
imprisonment. Any subsequent violation of this section, regardless of injury to the animal, is also
punishable by a fine not exceeding five hundred dollars ($500), imprisonment in a county jail not
exceeding six months, or by both a fine and imprisonment.
(c)
(1) Nothing in this section shall prevent a peace officer, humane officer, or an animal
control officer from removing an animal from a motor vehicle if the animal's safety
appears to be in immediate danger from heat, cold, lack of adequate ventilation, lack of
food or water, or other circumstances that could reasonably be expected to cause
suffering, disability, or death to the animal.
(2) A peace officer, humane officer, or animal control officer who removes an animal
from a motor vehicle shall take it to an animal shelter or other place of safekeeping or, if
the officer deems necessary, to a veterinary hospital for treatment.
(3) A peace officer, humane officer, or animal control officer is authorized to take all
steps that are reasonably necessary for the removal of an animal from a motor vehicle,
including, but not limited to, breaking into the motor vehicle, after a reasonable effort to
locate the owner or other person responsible.
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from a motor vehicle shall, in a secure and conspicuous location on or within the motor
vehicle, leave written notice bearing his or her name and office, and the address of the
location where the animal can be claimed. The animal may be claimed by the owner only
after payment of all charges that have accrued for the maintenance, care, medical
treatment, or impoundment of the animal.
(5) This section does not affect in any way existing liabilities or immunities in current
law, or create any new immunities or liabilities.
(d) Nothing in this section shall preclude prosecution under both this section and Section 597 or
any other provision of law, including city or county ordinances.
(e) Nothing in this section shall be deemed to prohibit the transportation of horses, cattle, pigs,
sheep, poultry or other agricultural animals in motor vehicles designed to transport such animals
for agricultural purposes.
CAL. PENAL CODE § 599b (2009). Words and phrases; imputation of knowledge to
corporation.
In this title, the word "animal" includes every dumb creature; the words "torment," "torture,"
and "cruelty" include every act, omission, or neglect whereby unnecessary or unjustifiable
physical pain or suffering is caused or permitted; and the words "owner" and "person" include
corporations as well as individuals; and the knowledge and acts of any agent of, or person
employed by, a corporation in regard to animals transported, owned, or employed by, or in the
custody of, the corporation, must be held to be the act and knowledge of the corporation as well
as the agent or employee.
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2. PENALTIES
CAL. PENAL CODE § 17 (2009). Felony; misdemeanor; infraction; classification of offenses
(a) A felony is a crime which is punishable with death or by imprisonment in the state prison.
Every other crime or public offense is a misdemeanor except those offenses that are classified as
infractions.
(b) When a crime is punishable, in the discretion of the court, by imprisonment in the state
prison or by fine or imprisonment in the county jail, it is a misdemeanor for all purposes under
the following circumstances:
(1) After a judgment imposing a punishment other than imprisonment in the state prison.
(2) When the court, upon committing the defendant to the Youth Authority, designates the
offense to be a misdemeanor.
(3) When the court grants probation to a defendant without imposition of sentence and at
the time of granting probation, or on application of the defendant or probation officer
thereafter, the court declares the offense to be a misdemeanor.
(4) When the prosecuting attorney files in a court having jurisdiction over misdemeanor
offenses a complaint specifying that the offense is a misdemeanor, unless the defendant at
the time of his or her arraignment or plea objects to the offense being made a
misdemeanor, in which event the complaint shall be amended to charge the felony and
the case shall proceed on the felony complaint.
(5) When, at or before the preliminary examination or prior to filing an order pursuant to
Section 872, the magistrate determines that the offense is a misdemeanor, in which event
the case shall proceed as if the defendant had been arraigned on a misdemeanor
complaint.
(c) When a defendant is committed to the Youth Authority for a crime punishable, in the
discretion of the court, by imprisonment in the state prison or by fine or imprisonment in the
county jail, the offense shall, upon the discharge of the defendant from the Youth Authority,
thereafter be deemed a misdemeanor for all purposes.
(d) A violation of any code section listed in Section 19.8 is an infraction subject to the
procedures described in Sections 19.6 and 19.7 when:
(1) The prosecutor files a complaint charging the offense as an infraction unless the
defendant, at the time he or she is arraigned, after being informed of his or her rights,
elects to have the case proceed as a misdemeanor, or;
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(2) The court, with the consent of the defendant, determines that the offense is an
infraction in which event the case shall proceed as if the defendant had been arraigned on
an infraction complaint.
(e) Nothing in this section authorizes a judge to relieve a defendant of the duty to register as a
sex offender pursuant to Section 290 if the defendant is charged with an offense for which
registration as a sex offender is required pursuant to Section 290, and for which the trier of fact
has found the defendant guilty.
CAL. PENAL CODE § 18 (2009). Punishment for felony not otherwise prescribed; alternate
sentence to county jail
Except in cases where a different punishment is prescribed by any law of this state, every offense
declared to be a felony, or to be punishable by imprisonment in a state prison, is punishable by
imprisonment in any of the state prisons for 16 months, or two or three years; provided,
however, every offense which is prescribed by any law of the state to be a felony punishable by
imprisonment in any of the state prisons or by a fine, but without an alternate sentence to the
county jail, may be punishable by imprisonment in the county jail not exceeding one year or by a
fine, or by both.
CAL. PENAL CODE § 19 (2009). Punishment for misdemeanor
declared to be a misdemeanor is punishable by imprisonment in the county jail not exceeding six
months, or by fine not exceeding one thousand dollars ($ 1,000), or by both.
one year, or by a fine of not more than twenty thousand dollars ($20,000), or by both the fine
and imprisonment.
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Code.
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proper disposition.
ventilation, or lack of food or water, or other circumstances that could reasonably be expected to
cause suffering, disability, or death to the animal.
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(c)
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3. EXEMPTIONS
imprisonment.

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Code.
proper disposition.
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(c)
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sheep, poultry or other agricultural animals in motor vehicles designed to transport such
animals for agricultural purposes.
CAL. PENAL CODE § 599c (2009). Construction of title; game laws; destruction of dangerous
animals or reptiles; killing for food; authorized scientific experiments or investigations.
No part of this title shall be construed as interfering with any of the laws of this state known as
the "game laws," or any laws for or against the destruction of certain birds, nor must this title be
construed as interfering with the right to destroy any venomous reptile, or any animal known as
dangerous to life, limb, or property, or to interfere with the right to kill all animals used for
food, or with properly conducted scientific experiments or investigations performed under the
authority of the faculty of a regularly incorporated medical college or university of this state.
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imprisonment.

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Code.
proper disposition.
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.
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CAL. FAM. CODE ANN. § 6320 (2009). Ex parte order enjoining contact; companion animals
(a) The court may issue an ex parte order enjoining a party from molesting, attacking, striking,
stalking, threatening, sexually assaulting, battering, harassing, telephoning, including, but not
limited to, annoying telephone calls as described in Section 653m of the Penal Code, destroying
personal property, contacting, either directly or indirectly, by mail or otherwise, coming within
a specified distance of, or disturbing the peace of the other party, and, in the discretion of the
court, on a showing of good cause, of other named family or household members.
(b) On a showing of good cause, the court may include in a protective order a grant to the
petitioner of the exclusive care, possession, or control of any animal owned, possessed, leased,
kept, or held by either the petitioner or the respondent or a minor child residing in the residence
or household of either the petitioner or the respondent. The court may order the respondent to
stay away from the animal and forbid the respondent from taking, transferring, encumbering,
concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the
animal.
(c) On or before July 1, 2009, the Judicial Council shall modify the criminal and civil court
forms consistent with this section.
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CAL. CIV. PROC. CODE § 1208.5 (2009). Lien arising from prevention of cruelty to animals,
and proceedings thereon.
Any person having a lien upon any animal or animals under the provisions of Section 597a or
597f of the Penal Code may satisfy the lien as follows: If the lien is not discharged and satisfied,
by the person responsible, within three days after the obligation becomes due, then the person
holding the lien may resort to the proper court to satisfy the claim; or may, three days after the
charges against the property become due, sell the property, or an undivided fraction thereof as
may become necessary, to defray the amount due and costs of sale, by giving three days' notice
of the sale by advertising in some newspaper published in the county, or city and county, in
which the lien has attached to the property; or, if there is no newspaper published in the county,
then by posting notices of the sale in three of the most public places in the town or county for
three days previous to the sale. The notices shall contain an accurate description of the property
to be sold, together with the terms of sale, which must be for cash, payable on the consummation
of the sale. The proceeds of the sale shall be applied to the discharge of the lien and the costs of
sale; the remainder, if any, shall be paid over to the owner, if known, and if not known shall be
paid into the treasury of the humane society of the county, or city and county, wherein the sale
takes place; if no humane society exists in the county, then the remainder shall be paid into the
county treasury.
imprisonment.
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Code.
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proper disposition.
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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
CAL. PENAL CODE § 597e (2009). Liability for care of impounded domestic animal.
Any person who impounds, or causes to be impounded in any pound, any domestic animal, shall
supply it during such confinement with a sufficient quantity of good and wholesome food and
water, and in default thereof, is guilty of a misdemeanor. In case any domestic animal is at any
time so impounded and continues to be without necessary food and water for more than 12
consecutive hours, it is lawful for any person, from time to time, as may be deemed necessary, to
enter into and upon any pound in which the animal is confined, and supply it with necessary food
and water so long as it remains so confined. Such 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 animal is
subject to enforcement of a money judgment for the reasonable cost of such food and water.
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taking care of and keeping the animal shall be a lien thereon, to be paid before the animal can
be lawfully recovered.
impounding dogs in the city, county, or city and county in which the animal was licensed or if the
animal is unlicensed the jurisdiction in which the animal was found, subject to the provision that
this cost be repaid by the animal's owner. No veterinarian shall be criminally or civilly liable for
any decision which he or she makes or services which he or she provides pursuant to this section.
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attention
without proper care and attention is guilty of a misdemeanor. Any peace officer, humane society
officer, or animal control officer shall take possession of the stray or abandoned animal and shall
provide care and treatment for the animal until the animal is deemed to be in suitable condition
to be returned to the owner. When the officer has reasonable grounds to believe that very prompt
action is required to protect the health or safety of the animal or the health or safety of others, the
officer shall immediately seize the animal and comply with subdivision (f). In all other cases, the
officer shall comply with the provisions of subdivision (g). The cost of caring for and treating
any animal properly seized under this subdivision shall constitute a lien on the animal and the
animal shall not be returned to its owner until the charges are paid, if the seizure is upheld
pursuant to this section.
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care and given emergency treatment. If the owner does not redeem the animal within the locally
prescribed waiting period, the veterinarian may personally perform euthanasia on the animal. If
the animal is treated and recovers from its injuries, the veterinarian may keep the animal for
purposes of adoption, provided the responsible animal control agency has first been contacted
and has refused to take possession of the animal.
facility.
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the notice.
animal.

delivery or mail.
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necessary care.
than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000).
following:
the notice.
animal.
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impounding officer.
animal has incurred severe injuries or is incurably crippled. A veterinarian also may immediately
humanely destroy an impounded animal afflicted with a serious contagious disease unless the
owner or his or her agent immediately authorizes treatment of the animal by a veterinarian at the
expense of the owner or agent.
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liable for restitution for that particular animal. The payment shall be in addition to any other
fine or sentence ordered by the court.
disposition.
This section is not intended to cause the release of any animal, bird, reptile, amphibian, or fish,
seized or impounded pursuant to any other statute, ordinance, or municipal regulation. This
section shall not prohibit the seizure or impoundment of animals as evidence as provided for
under any other provision of law.
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imprisonment.

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proper disposition.
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or neglected and care for the animal until it is redeemed by the owner or claimant, and the cost
of caring for the animal shall be a lien on the animal until the charges are paid. Every sick,
lawfully recovered.
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section.
attention
officer, or animal control officer shall take possession of the stray or abandoned animal and
shall provide care and treatment for the animal until the animal is deemed to be in suitable
condition to be returned to the owner. When the officer has reasonable grounds to believe that
very prompt action is required to protect the health or safety of the animal or the health or safety
of others, the officer shall immediately seize the animal and comply with subdivision (f). In all
other cases, the officer shall comply with the provisions of subdivision (g). The cost of caring for
and treating any animal properly seized under this subdivision shall constitute a lien on the
animal and the animal shall not be returned to its owner until the charges are paid, if the seizure
is upheld pursuant to this section.
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facility.
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reasonable belief that prompt action is required to protect the health or safety of the animal or
the health or safety of others, the officer shall, prior to the commencement of any criminal
the notice.
animal.

person authorized to keep the animal, or his or her agent, shall request the
hearing by signing and returning an enclosed declaration of ownership or right to
keep the animal to the agency providing the notice within 10 days, including
weekends and holidays, of the date of the notice. The declaration may be returned
by personal delivery or mail.
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scheduled hearing shall result in a forfeiture of any right to a postseizure hearing or
right to challenge his or her liability for costs incurred.
necessary care.
at the time of the hearing unless, prior to the hearing, the owner has made arrangements with
the agency to view the animal upon request of the agency, or unless the owner can provide
following:
the notice.
animal.
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hearing by signing and returning the enclosed declaration of ownership or right
to keep the animal to the officer providing the notice within two days, excluding
(3) Failure of the owner or keeper, or his or her agent, to request or to attend a
scheduled hearing shall result in a forfeiture of any right to a preseizure hearing or right
to challenge his or her liability for costs incurred pursuant to this section.
(4) The hearing officer, after the hearing, may affirm or deny the owner's or keeper's
right to custody of the animal and, if reasonable grounds are established, may order the
seizure or impoundment of the animal for care and treatment.
impounding officer.
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discharge without conviction of the arrested person, the court shall, on demand, direct the
release of seized or impounded animals upon a showing of proof of ownership. Any questions
regarding ownership shall be determined in a separate hearing by the court where the criminal
case was finally adjudicated and the court shall hear testimony from any persons who may assist
the court in determining ownership of the animal. If the owner is determined to be unknown or
the owner is prohibited or unable to retain possession of the animals for any reason, the court
shall order the animals to be released to the appropriate public entity for adoption or other lawful
disposition.
determine the lawful owner or caretaker of any seized or impounded animal. It shall also be
their duty to make reasonable efforts to notify the owner or caretaker of the whereabouts of the
animal and any procedures available for the lawful recovery of the animal and, upon the owner's
and caretaker's initiation of recovery procedures, retain custody of the animal for a reasonable
period of time to allow for completion of the recovery process. Efforts to locate or contact the
owner or caretaker and communications with persons claiming to be the owner or caretaker
shall be recorded and maintained and be made available for public inspection.
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(c)
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CAL. PENAL CODE § 599a (2009). Issuance of arrest warrants.
When complaint is made, on oath, to any magistrate authorized to issue warrants in criminal
cases, that the complainant believes that any provision of law relating to, or in any way
affecting, dumb animals or birds, is being, or is about to be violated in any particular building
or place, the magistrate must issue and deliver immediately a warrant directed to any sheriff,
police or peace officer or officer of any incorporated association qualified as provided by law,
authorizing him to enter and search that building or place, and to arrest any person there
present violating, or attempting to violate, any law relating to, or in any way affecting, dumb
animals or birds, and to bring that person before some court or magistrate of competent
jurisdiction, within the city, city and county, or judicial district within which the offense has been
committed or attempted, to be dealt with according to law, and the attempt must be held to be a
violation of Section 597.
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imprisonment.

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proper disposition.
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attention
facility.
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the notice.
animal.
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delivery or mail.
necessary care.
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following:
the notice.
animal.
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the animal to be returned, fails to pay charges permitted under this section and take possession
of the animal, the animal shall be deemed to have been abandoned and may be disposed of by
the impounding officer.
(i) If the animal requires veterinary care and the humane society or public agency is not
assured, within 14 days of the seizure of the animal, that the owner will provide the necessary
care, the animal shall not be returned to its owner and shall be deemed to have been abandoned
and may be disposed of by the impounding officer. A veterinarian may humanely destroy an
impounded animal without regard to the prescribed holding period when it has been determined
that the animal has incurred severe injuries or is incurably crippled. A veterinarian also may
immediately humanely destroy an impounded animal afflicted with a serious contagious disease
unless the owner or his or her agent immediately authorizes treatment of the animal by a
veterinarian at the expense of the owner or agent.
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public entity for adoption or other lawful disposition or provide proof to the court that the
person no longer has possession, care, or control of any animals. In the event of the acquittal or
final discharge without conviction of the arrested person, the court shall, on demand, direct the
release of seized or impounded animals upon a showing of proof of ownership. Any questions
regarding ownership shall be determined in a separate hearing by the court where the criminal
case was finally adjudicated and the court shall hear testimony from any persons who may assist
the court in determining ownership of the animal. If the owner is determined to be unknown or
the owner is prohibited or unable to retain possession of the animals for any reason, the court
shall order the animals to be released to the appropriate public entity for adoption or other
lawful disposition.
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CAL. PENAL CODE § 11165.7 (2009). Mandated reporter
(a) As used in this article, "mandated reporter' ' is defined as any of the following:
(1) A teacher.
(2) An instructional aide.
(3) A teacher's aide or teacher's assistant employed by any public or private school.
(4) A classified employee of any public school.
(5) An administrative officer or supervisor of child welfare and attendance, or a

certificated pupil personnel employee of any public or private school.
(6) An administrator of a public or private day camp.
(7) An administrator or employee of a public or private youth center, youth recreation

program, or youth organization.
(8) An administrator or employee of a public or private organization whose duties require

direct contact and supervision of children.
(9) Any employee of a county office of education or the California Department of

Education, whose duties bring the employee into contact with children on a regular basis.
(10) A licensee, an administrator, or an employee of a licensed community care or child

day care facility.
(11) A Head Start program teacher.
(12) A licensing worker or licensing evaluator employed by a licensing agency as defined

in Section 11165.11.
(13) A public assistance worker.
(14) An employee of a child care institution, including, but not limited to, foster parents,
group home personnel, and personnel of residential care facilities.
(15) A social worker, probation officer, or parole officer.
(16) An employee of a school district police or security department.

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(17) Any person who is an administrator or presenter of, or a counselor in, a child abuse
prevention program in any public or private school.
(18) A district attorney investigator, inspector, or local child support agency caseworker
unless the investigator, inspector, or caseworker is working with an attorney appointed
pursuant to Section 317 of the Welfare and Institutions Code to represent a minor.
(19) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3
of Part 2, who is not otherwise described in this section.
(20) A firefighter, except for volunteer firefighters.
(21) A physician, surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist,

chiropractor, licensed nurse, dental hygienist, optometrist, marriage, family and child
counselor, clinical social worker, or any other person who is currently licensed under
Division 2 (commencing with Section 500) of the Business and Professions Code.
(22) Any emergency medical technician I or II, paramedic, or other person certified
pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(23) A psychological assistant registered pursuant to Section 2913 of the Business and
Professions Code.
(24) A marriage, family, and child therapist trainee, as defined in subdivision (c) of
Section 4980.03 of the Business and Professions Code.
(25) An unlicensed marriage, family, and child therapist intern registered under Section
4980.44 of the Business and Professions Code.
(26) A state or county public health employee who treats a minor for venereal disease or
any other condition.
(27) A coroner.
(28) A medical examiner, or any other person who performs autopsies.
(29) A commercial film and photographic print processor, as specified in subdivision (e)
of Section 11166. As used in this article, " commercial film and photographic print
processor" means any person who develops exposed photographic film into negatives,
slides, or prints, or who makes prints from negatives or slides, for compensation. The
term includes any employee of such a person; it does not include a person who develops
film or makes prints for a public agency.
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(30) A child visitation monitor. As used in this article, "child visitation monitor" means
any person who, for financial compensation, acts as monitor of a visit between a child
and any other person when the monitoring of that visit has been ordered by a court of
law.
(31) An animal control officer or humane society officer. For the purposes of this article,
the following terms have the following meanings:
(A) "Animal control officer" means any person employed by a city, county, or city
and county for the purpose of enforcing animal control laws or regulations.
(B) "Humane society officer" means any person appointed or employed by a

public or private entity as a humane officer who is qualified pursuant to Section
14502 or 14503 of the Corporations Code.
(32) A clergy member, as specified in subdivision (d) of Section 11166. As used in this
article, "clergy member" means a priest, minister, rabbi, religious practitioner, or similar
functionary of a church, temple, or recognized denomination or organization.
(33) Any custodian of records of a clergy member, as specified in this section and
subdivision (d) of Section 11166.
(34) Any employee of any police department, county sheriff's department, county
probation department, or county welfare department.
(35) An employee or volunteer of a Court Appointed Special Advocate program, as

defined in Rule 1424 of the California Rules of Court.
(36) A custodial officer as defined in Section 831.5.
(37) Any person providing services to a minor child under Section 12300 or 12300.1 of
the Welfare and Institutions Code.
(38) An alcohol and drug counselor. As used in this article, an "alcohol and drug
counselor" is a person providing counseling, therapy, or other clinical services for a state
licensed or certified drug, alcohol, or drug and alcohol treatment program. However,
alcohol or drug abuse, or both alcohol and drug abuse, is not in and of itself a sufficient
basis for reporting child abuse or neglect.
(b) Except as provided in paragraph (35) of subdivision (a), volunteers of public or private
organizations whose duties require direct contact with and supervision of children are not
mandated reporters but are encouraged to obtain training in the identification and reporting of
child abuse and neglect and are further encouraged to report known or suspected instances of
child abuse or neglect to an agency specified in Section 11165.9.
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(c) Employers are strongly encouraged to provide their employees who are mandated reporters
with training in the duties imposed by this article. This training shall include training in child
abuse and neglect identification and training in child abuse and neglect reporting. Whether or not
employers provide their employees with training in child abuse and neglect identification and
reporting, the employers shall provide their employees who are mandated reporters with the
statement required pursuant to subdivision (a) of Section 11166.5.
(d) School districts that do not train their employees specified in subdivision (a) in the duties of
mandated reporters under the child abuse reporting laws shall report to the State Department of
Education the reasons why this training is not provided.
(e) Unless otherwise specifically provided, the absence of training shall not excuse a mandated
reporter from the duties imposed by this article.
(f) Public and private organizations are encouraged to provide their volunteers whose duties
require direct contact with and supervision of children with training in the identification and
reporting of child abuse and neglect.
CAL. PENAL CODE § 11166 (2009). Report; duty; time
(a) Except as provided in subdivision (d), and in Section 11166.05, a mandated reporter shall
make a report to an agency specified in Section 11165.9 whenever the mandated reporter, in his
or her professional capacity or within the scope of his or her employment, has knowledge of or
observes a child whom the mandated reporter knows or reasonably suspects has been the victim
of child abuse or neglect. The mandated reporter shall make an initial report to the agency
immediately or as soon as is practicably possible by telephone and the mandated reporter shall
prepare and send, fax, or electronically transmit a written followup report thereof within 36
hours of receiving the information concerning the incident. The mandated reporter may include
with the report any nonprivileged documentary evidence the mandated reporter possesses
relating to the incident.
(1) For the purposes of this article, "reasonable suspicion" means that it is objectively
reasonable for a person to entertain a suspicion, based upon facts that could cause a
reasonable person in a like position, drawing, when appropriate, on his or her training
and experience, to suspect child abuse or neglect. For the purpose of this article, the
pregnancy of a minor does not, in and of itself, constitute a basis for a reasonable
suspicion of sexual abuse.
(2) The agency shall be notified and a report shall be prepared and sent, faxed, or
electronically transmitted even if the child has expired, regardless of whether or not the
possible abuse was a factor contributing to the death, and even if suspected child abuse
was discovered during an autopsy.
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(3) Any report made by a mandated reporter pursuant to this section shall be known as a
mandated report.
(b) If after reasonable efforts a mandated reporter is unable to submit an initial report by
telephone, he or she shall immediately or as soon as is practicably possible, by fax or electronic
transmission, make a one-time automated written report on the form prescribed by the
Department of Justice, and shall also be available to respond to a telephone followup call by the
agency with which he or she filed the report. A mandated reporter who files a one-time
automated written report because he or she was unable to submit an initial report by telephone
is not required to submit a written followup report.
(1) The one-time automated written report form prescribed by the Department of Justice
shall be clearly identifiable so that it is not mistaken for a standard written followup
report. In addition, the automated one-time report shall contain a section that allows the
mandated reporter to state the reason the initial telephone call was not able to be
completed. The reason for the submission of the one-time automated written report in
lieu of the procedure prescribed in subdivision (a) shall be captured in the Child Welfare
Services/Case Management System (CWS/CMS). The department shall work with
stakeholders to modify reporting forms and the CWS/CMS as is necessary to
accommodate the changes enacted by these provisions.
(2) This subdivision shall not become operative until the CWS/CMS is updated to
capture the information prescribed in this subdivision.
(3) This subdivision shall become inoperative three years after this subdivision becomes
operative or on January 1, 2009, which ever occurs first.
(4) On the inoperative date of these provisions, a report shall be submitted to the counties
and the Legislature by the Department of Social Services that reflects the data collected
from automated one-time reports indicating the reasons stated as to why the automated
one-time report was filed in lieu of the initial telephone report.
(5) Nothing in this section shall supersede the requirement that a mandated reporter first
attempt to make a report via telephone, or that agencies specified in Section 11165.9
accept reports from mandated reporters and other persons as required.
(c) Any mandated reporter who fails to report an incident of known or reasonably suspected
child abuse or neglect as required by this section is guilty of a misdemeanor punishable by up to
six months confinement in a county jail or by a fine of one thousand dollars ($1,000) or by both
that imprisonment and fine. If a mandated reporter intentionally conceals his or her failure to
report an incident known by the mandated reporter to be abuse or severe neglect under this
section, the failure to report is a continuing offense until an agency specified in Section 11165.9
discovers the offense.
(d)
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(1) A clergy member who acquires knowledge or a reasonable suspicion of child abuse or
neglect during a penitential communication is not subject to subdivision (a). For the
purposes of this subdivision, "penitential communication" means a communication,
intended to be in confidence, including, but not limited to, a sacramental confession,
made to a clergy member who, in the course of the discipline or practice of his or her
church, denomination, or organization, is authorized or accustomed to hear those
communications, and under the discipline, tenets, customs, or practices of his or her
church, denomination, or organization, has a duty to keep those communications secret.
(2) Nothing in this subdivision shall be construed to modify or limit a clergy member's
duty to report known or suspected child abuse or neglect when the clergy member is
acting in some other capacity that would otherwise make the clergy member a mandated
reporter.
(3)
(A) On or before January 1, 2004, a clergy member or any custodian of records
for the clergy member may report to an agency specified in Section 11165.9 that
the clergy member or any custodian of records for the clergy member, prior to
January 1, 1997, in his or her professional capacity or within the scope of his or
her employment, other than during a penitential communication, acquired
knowledge or had a reasonable suspicion that a child had been the victim of
sexual abuse that the clergy member or any custodian of records for the clergy
member did not previously report the abuse to an agency specified in Section
11165.9. The provisions of Section 11172 shall apply to all reports made pursuant
to this paragraph.
(B) This paragraph shall apply even if the victim of the known or suspected abuse
has reached the age of majority by the time the required report is made.
(C) The local law enforcement agency shall have jurisdiction to investigate any
report of child abuse made pursuant to this paragraph even if the report is made
after the victim has reached the age of majority.
(e) Any commercial film and photographic print processor who has knowledge of or observes,
within the scope of his or her professional capacity or employment, any film, photograph,
videotape, negative, or slide depicting a child under the age of 16 years engaged in an act of
sexual conduct, shall report the instance of suspected child abuse to the law enforcement agency
having jurisdiction over the case immediately, or as soon as practicably possible, by telephone
and shall prepare and send, fax, or electronically transmit a written report of it with a copy of the
film, photograph, videotape, negative, or slide attached within 36 hours of receiving the
information concerning the incident. As used in this subdivision, "sexual conduct" means any of
the following:
(1) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal,

whether between persons of the same or opposite sex or between humans and animals.
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(2) Penetration of the vagina or rectum by any object.
(3) Masturbation for the purpose of sexual stimulation of the viewer.
(4) Sadomasochistic abuse for the purpose of sexual stimulation of the viewer.
(5) Exhibition of the genitals, pubic, or rectal areas of any person for the purpose of
sexual stimulation of the viewer.
(f) Any mandated reporter who knows or reasonably suspects that the home or institution in
which a child resides is unsuitable for the child because of abuse or neglect of the child shall
bring the condition to the attention of the agency to which, and at the same time as, he or she
makes a report of the abuse or neglect pursuant to subdivision (a).
(g) Any other person who has knowledge of or observes a child whom he or she knows or
reasonably suspects has been a victim of child abuse or neglect may report the known or
suspected instance of child abuse or neglect to an agency specified in Section 11165.9. For
purposes of this section, “any other person” includes a mandated reporter who acts in his or her
private capacity and not in his or her professional capacity or within the scope of his or her
employment.
(h) When two or more persons, who are required to report, jointly have knowledge of a known or
suspected instance of child abuse or neglect, and when there is agreement among them, the
telephone report may be made by a member of the team selected by mutual agreement and a
single report may be made and signed by the selected member of the reporting team. Any
member who has knowledge that the member designated to report has failed to do so shall
thereafter make the report.
(i)
(1) The reporting duties under this section are individual, and no supervisor or
administrator may impede or inhibit the reporting duties, and no person making a report
shall be subject to any sanction for making the report. However, internal procedures to
facilitate reporting and apprise supervisors and administrators of reports may be
established provided that they are not inconsistent with this article.
(2) The internal procedures shall not require any employee required to make reports
pursuant to this article to disclose his or her identity to the employer.
(3) Reporting the information regarding a case of possible child abuse or neglect to an
employer, supervisor, school principal, school counselor, coworker, or other person shall
not be a substitute for making a mandated report to an agency specified in Section
11165.9.
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(j) A county probation or welfare department shall immediately, or as soon as practicably
possible, report by telephone, fax, or electronic transmission to the law enforcement agency
having jurisdiction over the case, to the agency given the responsibility for investigation of cases
under Section 300 of the Welfare and Institutions Code, and to the district attorney's office every
known or suspected instance of child abuse or neglect, as defined in Section 11165.6, except acts
or omissions coming within subdivision (b) of Section 11165.2, or reports made pursuant to
Section 11165.13 based on risk to a child which relates solely to the inability of the parent to
provide the child with regular care due to the parent's substance abuse, which shall be reported
only to the county welfare or probation department. A county probation or welfare department
also shall send, fax, or electronically transmit a written report thereof within 36 hours of
receiving the information concerning the incident to any agency to which it makes a telephone
report under this subdivision.
(k) A law enforcement agency shall immediately, or as soon as practicably possible, report by
telephone, fax, or electronic transmission to the agency given responsibility for investigation of
cases under Section 300 of the Welfare and Institutions Code and to the district attorney's office
every known or suspected instance of child abuse or neglect reported to it, except acts or
omissions coming within subdivision (b) of Section 11165.2, which shall be reported only to the
county welfare or probation department. A law enforcement agency shall report to the county
welfare or probation department every known or suspected instance of child abuse or neglect
reported to it which is alleged to have occurred as a result of the action of a person responsible
for the child's welfare, or as the result of the failure of a person responsible for the child's welfare
to adequately protect the minor from abuse when the person responsible for the child's welfare
knew or reasonably should have known that the minor was in danger of abuse. A law
enforcement agency also shall send, fax, or electronically transmit a written report thereof within
36 hours of receiving the information concerning the incident to any agency to which it makes a
telephone report under this subdivision.
CAL. PENAL CODE § 11199 (2009). Reports of animal abuse, cruelty, or neglect by county
employees; time and method of report; definitions; contents of report
(a) Any employee of a county child or adult protective services agency, while acting in his or her
professional capacity or within the scope of his or her employment, who has knowledge of or
observes an animal whom he or she knows or reasonably suspects has been the victim of cruelty,
abuse, or neglect, may report the known or reasonably suspected animal cruelty, abuse, or
neglect to the entity or entities that investigate reports of animal cruelty, abuse, and neglect in
that county.
(b) The report may be made within two working days of receiving the information concerning the
animal by facsimile transmission of a written report presented in the form described in
subdivision (e) or by telephone if all of the information that is required to be provided pursuant
to subdivision (e) is furnished. In cases where an immediate response may be necessary in order
to protect the health and safety of the animal or others, the report may be made by telephone as
soon as possible.
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(c) Nothing in this section shall be construed to impose a duty to investigate known or
reasonably suspected animal cruelty, abuse, or neglect.
(d) As used in this section, the terms "animal," "cruelty," "abuse," "neglect," "reasonable
suspicion," and "owner" are defined as follows:
(1) "Animal" includes every dumb creature.
(2) "Cruelty," "abuse," and "neglect" include every act, omission, or neglect whereby
unnecessary or unjustifiable physical pain or suffering is caused or permitted.
(3) "Reasonable suspicion" means that it is objectively reasonable for a person to

entertain a suspicion, based upon facts that could cause a reasonable person in a like
position, drawing, when appropriate, on his or her training and experience, to suspect
animal cruelty, abuse, or neglect.
(4) "Owner" means any person who is the legal owner, keeper, harborer, possessor, or
the actual custodian of an animal. "Owner" includes corporations as well as individuals.
(e) Reports made pursuant to this section may be made on a preprinted form prepared by the
entity or entities that investigate reports of animal cruelty, abuse, and neglect in that county that
includes the definitions contained in subdivision (d), and a space for the reporter to include each
of the following:
(1) His or her name and title.
(2) His or her business address and telephone number.
(3) The name, if known, of the animal owner or custodian.
(4) The location of the animal and the premises on which the known or reasonably
suspected animal cruelty, abuse, or neglect took place.
(5) A description of the location of the animal and the premises.
(6) Type and numbers of animals involved.
(7) A description of the animal and its condition.
(8) The date, time, and a description of the observation or incident which led the reporter
to suspect animal cruelty, abuse, or neglect and any other information the reporter
believes may be relevant.
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(f) When two or more employees of a county child or adult protective services agency are
present and jointly have knowledge of known or reasonably suspected animal cruelty, abuse, or
neglect, and where there is agreement among them, a report may be made by one person by
mutual agreement. Any reporter who has knowledge that the person designated to report has
failed to do so may thereafter make the report.
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lawfully recovered.
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that this cost be repaid by the animal's owner. No veterinarian shall be criminally or civilly
liable for any decision which he or she makes or services which he or she provides pursuant to
this section.
CAL. BUS. & PROF. CODE § 4830.5 (2009). Report of dog injured or killed in staged animal
fight; civil liability.
Whenever any licensee under this chapter has reasonable cause to believe that a dog has been
injured or killed through participation in a staged animal fight, as prescribed in Section 797b of
the Penal Code, it shall be the duty of the licensee to promptly report the same to the appropriate
law enforcement authorities of the county, city, or city and county in which the same occurred.
No licensee shall incur any civil liability as a result of making any report pursuant to this section
or as a result of making any report of a violation of Section 596, subdivision (a) or (b) of Section
597, or Section 597b, 597f, 597g, 597n, or 597.5 of the Penal Code.
CAL. BUS. & PROF. CODE § 4830.7 (2009). Report of animal abuse or cruelty
Whenever any licensee under this chapter has reasonable cause to believe an animal under its
care has been a victim of animal abuse or cruelty, as prescribed in Section 597 of the Penal
Code, it shall be the duty of the licensee to promptly report it to the appropriate law enforcement
authorities of the county, city, or city and county in which it occurred.
or as a result of making any report of a violation of subdivisions (a), (b), and (c) of Section 597
of the Penal Code.
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CAL. CORP. CODE § 14502 (2009). Humane officers; appointment; qualifications; records;
term; revocation of appointment; training course attendance; authority; arrests;
misrepresentation; offenses
(a) (1) (A) (i) On and after July 1, 1996, no entity, other than a humane society or
society for the prevention of cruelty to animals, shall be eligible to apply
for an appointment of any individual as a level 1 or level 2 humane
officer, the duty of which shall be the enforcement of the laws for the
prevention of cruelty to animals.
(ii) On and after July 1, 1996, only a person who meets the requirements
of this section may be appointed as, or perform the duties of, a humane
officer.
(iii) Any person appointed as a humane officer prior to July 1, 1996, may
continue to serve as a humane officer until the expiration of the term of
appointment only if the appointing agency maintains records pursuant to
subparagraph (C) documenting that both the appointing agency and the
humane officer meet the requirements of this section.
(B) Each humane society or society for the prevention of cruelty to animals that
makes application to the court for the appointment of an individual to act as a
level 1 or level 2 humane officer for the humane society or society for the
prevention of cruelty to animals shall provide with the application documentation
that demonstrates that the person has satisfactorily completed the training
requirements set forth in subdivision (i).
(C) Each humane society or society for the prevention of cruelty to animals for
which an individual is acting as a level 1 or level 2 humane officer shall maintain
complete and accurate records documenting that the individual has successfully
completed all requirements established in this section and shall make those
records available, upon request, to the superior court, the Attorney General, or
any entity duly authorized to review that information, including the State Humane
Association of California. The records shall include the full name and address of
each level 1 or level 2 humane officer.
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(2) Any corporation incorporated for the purpose of the prevention of cruelty to animals
that possesses insurance of at least one million dollars ($1,000,000) for liability for
bodily injury or property damage may, six months after the date of its incorporation and
by resolution of its board of directors or trustees duly entered on its minutes, appoint any
number of persons, who shall be citizens of the State of California, as humane officers,
provided that the individuals to be appointed have met the training guidelines set forth in
subdivision (i).
(3) Each appointment of a humane officer shall be by separate resolution. The resolution
shall state the full name and address of the appointing agency, the full name of the
person so appointed, and the fact that he or she is a citizen of the State of California, and
shall also designate the number of the badge to be allotted to the officer.
(b) The humane society or society for the prevention of cruelty to animals shall recommend any
appointee to the judge of the superior court in and for the county or city and county in which the
humane society is incorporated, and shall deliver to the judge a copy of the resolution
appointing the person, duly certified to be correct by the president and secretary of the
corporation and attested by its seal, together with the fingerprints of the appointee taken on
standard 8x8-inch cards, proof of the society's proper incorporation in compliance with Part 9
(commencing with Section 10400) of Division 2, a copy of the society's liability for bodily injury
or property damage insurance policy in the amount of at least one million dollars ($1,000,000),
and documentation establishing that the appointee has satisfactorily completed the training
requirements set forth in this section.
(c) The judge shall send a copy of the resolution, together with the fingerprints of the appointee,
to the Department of Justice, which shall thereupon submit to the judge, in writing, a report of
the record in its possession, if any, of the appointee. If the Department of Justice has no record
of the appointee, it shall so report to the judge in writing.
(d) Upon receipt of the report the judge shall review the matter of the appointee's qualifications
and fitness to act as a humane officer and, if he or she reaffirms the appointment, shall so state
on a court order confirming the appointment. The appointee shall thereupon file a certified copy
of the reviewed court order in the office of the county clerk of the county or city and county and
shall, at the same time, take and subscribe the oath of office prescribed for constables or other
peace officers.
(e) The county clerk shall thereupon immediately enter in a book to be kept in his or her office
and designated "Record of Humane Officers" the name of the officer, the name of the agency
appointing him or her, the number of his or her badge, the name of the judge appointing him or
her, and the date of the filing. At the time of the filing the county clerk shall collect from the
officer a fee of five dollars ($5), which shall be in full for all services to be performed by the
county clerk under this section.
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(f) All appointments of humane officers shall automatically expire if the society disbands or
legally dissolves. In addition, all appointments of humane officers shall automatically expire
within three years from the date on which the certified copy of the court order was filed with the
county clerk. Officers whose appointments are about to expire may only be reappointed after
satisfactorily completing the continuing education and training set forth in this section.
(b)
(1) The corporation appointing an officer may revoke an appointment at any time by
filing in the office of the county clerk in which the appointment of the officer is recorded
a copy of the revocation in writing under the letterhead of the corporation and duly
certified by its executive officer. Upon the filing the county clerk shall enter the fact of
the revocation and the date of the filing thereof opposite the name of the officer in the
record of humane officers.
(2) Notwithstanding paragraph (1), a revocation hearing may be initiated by petition

from any duly authorized sheriff or local police agency or the State Humane Association
of California. The petition shall show cause why an appointment should be revoked and
shall be made to the superior court in the jurisdiction of the appointment.
(h) The corporation or local humane society appointing the humane officer shall pay the training
expenses of the humane officer attending the training required pursuant to this section.
(i)
(1) (A) A level 1 humane officer is not a peace officer, but may exercise the powers
of a peace officer at all places within the state in order to prevent the
perpetration of any act of cruelty upon any animal and to that end may summon
to his or her aid any bystander. A level 1 humane officer may use reasonable
force necessary to prevent the perpetration of any act of cruelty upon any animal.
(B) A level 1 humane officer may make arrests for the violation of any penal law
of this state relating to or affecting animals in the same manner as any peace
officer and may also serve search warrants.
(C) A level 1 humane officer is authorized to carry firearms while exercising the
duties of a humane officer, upon satisfactory completion of the training specified
in subparagraph (D) and the basic training for a level 1 reserve officer by the
Commission on Peace Officer Standards and Training pursuant to Section
13510.1 of the Penal Code.
(D) A level 1 humane officer shall, prior to appointment, provide evidence

satisfactory to the appointing agency that he or she has successfully completed
courses of training in the following subjects:
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(i) At least 20 hours of a course of training in animal care sponsored or
provided by an accredited postsecondary institution or any other provider
approved by the California Veterinary Medical Association, the focus of
which shall be the identification of disease, injury, and neglect in domestic
animals and livestock.
(ii) At least 40 hours of a course of training in the state humane laws

relating to the powers and duties of a humane officer, sponsored or
provided by an accredited postsecondary institution, law enforcement
agency, or the State Humane Association of California.
(E) A person may not be appointed as a level 1 humane officer until he or she has
satisfied the requirements in Sections 1029, 1030, and 1031 of the Government
Code. A humane society or society for the prevention of cruelty to animals shall
complete a background investigation, using standards defined by the Commission
on Peace Officer Standards and Training as guidelines for all level 1 humane
officer appointments.
(F) In order to be eligible for reappointment, a level 1 humane officer shall

complete ongoing weapons training and range qualifications at least every six
months pursuant to subdivision (s) of Section 830.3 of the Penal Code and shall,
every three years, complete 40 hours of continuing education and training
relating to the powers and duties of a humane officer, which education and
training shall be provided by an accredited postsecondary institution, law
enforcement agency, or the State Humane Association of California.
(G)
(i) Notwithstanding any other provision of this section, a level 1 humane
officer may carry firearms only if authorized by, and only under the terms
and conditions specified by, his or her appointing agency.
(ii) Notwithstanding any other provision of this section, a level 1 humane

officer shall not be authorized to carry firearms unless and until his or her
appointing agency has adopted a policy on the use of deadly force by its
officers and the officer has been instructed in that policy.
(A)
(1) A level 2 humane officer is not a peace officer, but may
exercise the powers of a peace officer at all places within the state in
order to prevent the perpetration of any act of cruelty upon any animal
and to that end may summon to his or her aid any bystander. A level 2
humane officer may use reasonable force necessary to prevent the
perpetration of any act of cruelty upon any animal.
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(B) A level 2 humane officer may make arrests for the violation of any
penal law of this state relating to or affecting animals in the same manner
as any peace officer and may serve search warrants during the course and
within the scope of employment, upon the successful completion of a
course relating to the exercise of the police powers specified in Section
832 of the Penal Code, except the power to carry and use firearms.
(C) A level 2 humane officer is not authorized to carry firearms.

satisfactory to the appointing agency that he or she has successfully
completed courses of training in the following subjects:
(i) At least 20 hours of a course of training in animal care

sponsored or provided by an accredited postsecondary institution
or any other provider approved by the California Veterinary
Medical Association, the focus of which is the identification of
disease, injury, and neglect in domestic animals and livestock.
(ii) At least 40 hours of a course of training in the state humane

laws relating to the powers and duties of a humane officer,
sponsored or provided by an accredited postsecondary institution,
law enforcement agency, or the State Humane Association of
California.
(E) In order to be eligible for reappointment, a level 2 humane officer

shall, every three years, complete 40 hours of continuing education and
training relating to the powers and duties of a humane officer, which
education and training shall be provided by an accredited postsecondary
institution, law enforcement agency, or the State Humane Association of
California.
(j) Every humane officer shall, when making an arrest, exhibit and expose a suitable badge to be
adopted by the corporation under this title of which he or she is a member which shall bear its
name and a number. Uniforms worn by humane officers shall prominently display the name of
the appointing agency. Humane officer uniforms shall not display the words "state" or
"California," unless part of the appointing agency's incorporated name.
(k) Any person resisting a humane officer in the performance of his or her duty as provided in
this section, is guilty of a misdemeanor. Any person who has not been appointed and qualified
as a humane officer as provided in this section, or whose appointment has been revoked as
provided in this section, or whose appointment, having expired, has not been renewed as
provided in this section, who shall represent himself or herself to be or shall attempt to act as an
officer shall be guilty of a misdemeanor.
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(l) No humane officer shall serve a search warrant without providing prior notice to local law
enforcement agencies operating within that jurisdiction.
(m) Any humane society, society for the prevention of cruelty to animals, or person, who
knowingly provides a court with false or forged documentation for the appointment of a humane
officer, is guilty of a misdemeanor and shall be punished by a fine of up to ten thousand dollars
($10,000).
(n) A humane society or a society for the prevention of cruelty to animals shall notify the sheriff
of the county in which the society is incorporated, prior to appointing a humane officer, of the
society's intent to enforce laws for the prevention of cruelty to animals. Humane societies or
societies for the prevention of cruelty to animals incorporated and enforcing animal cruelty laws
prior to January 1, 1996, that intend to continue to enforce those laws, shall notify the sheriff of
the county in which the society is incorporated by March 1, 1996.
(o) Except as otherwise provided by this section, a humane officer shall serve only in the county
in which he or she is appointed. A humane officer may serve temporarily in a county other than
that in which he or she is appointed if the humane officer gives notice requesting consent to the
sheriff of the county in which he or she intends to serve, and acquires consent from the sheriff of
the county in which he or she intends to serve, or from a person authorized by the sheriff to give
that consent. A sheriff shall promptly respond to any request by a humane officer to serve in his
or her jurisdiction and any request shall not be unreasonably denied.
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12. SEXUAL ASSAULT
CAL. PENAL CODE § 286.5 (2009). Sexually assaulting animal; misdemeanor
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.
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13. FIGHTING
CAL. PENAL CODE § 597b (2009). Fighting animals or cockfighting; prohibition; penalties;
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, 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.
(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). Animal fighting exhibitions; spectators; penalty
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.
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CAL. PENAL CODE § 597d (2009). Fighting animals or birds; entries and arrests without
warrant
Any sheriff, police, or peace officer, or officer qualified as provided in Section 14502 of the
Corporations Code, may enter any place, building, or tenement, where there is an exhibition of
the fighting of birds or animals, or where preparations are being made for such an exhibition,
and, without a warrant, arrest all persons present.
CAL. PENAL CODE § 597i (2009). Cockfighting implements; prohibitions; penalties
(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). Persons who own, possess or keep or train any bird or
other animal with intent that it be used or engaged in fighting exhibition; penalties
(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 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.
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CAL. PENAL CODE § 597m (2009). Bullfights prohibited; exceptions; penalty
It shall be unlawful for any person to promote, advertise, stage, hold, manage, conduct,
participate in, engage in, or carry on any bullfight exhibition, any bloodless bullfight contest or
exhibition, or any similar contest or exhibition, whether for amusement or gain or otherwise;
provided, that nothing herein shall be construed to prohibit rodeos or to prohibit measures
necessary to the safety of participants at rodeos.
This section shall not, however, be construed as prohibiting bloodless bullfights, contests, or
exhibitions held in connection with religious celebrations or religious festivals.
Any person violating the provisions of this section is guilty of a misdemeanor.
CAL. PENAL CODE § 597.5 (2009). Fighting dogs; felony; punishment; spectators;
misdemeanor; exceptions
(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.
(2) The use of dogs in hunting as permitted by the Fish and Game Code, including, but
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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 § 598.1 (2009). Forfeiture of certain property obtained by dogfighting.
(a) The prosecuting agency in a criminal proceeding in which the defendant has been charged with
the commission of any of the crimes listed in subdivision (a) of Section 597.5 may, in conjunction
with the criminal proceeding, file a petition for forfeiture as provided in subdivision (c). If the
prosecuting agency has filed a petition for forfeiture pursuant to subdivision (c) and the defendant is
convicted of any of the crimes described in subdivision (a) of Section 597.5, the assets listed in
subdivision (b) shall be subject to forfeiture upon proof of the elements of subdivision (b) and in
accordance with this section.
(b)
(1) Any property interest, whether tangible or intangible, that was acquired through the
commission of any of the crimes listed in subdivision (a) of Section 597.5 shall be subject
to forfeiture, including both personal and real property, profits, proceeds, and the
instrumentalities acquired, accumulated, or used by dogfighting participants, organizers,
transporters of animals and equipment, breeders and trainers of fighting dogs, and
persons who steal or illegally obtain dogs or other animals for fighting, including bait
and sparring animals.
(2) Notwithstanding paragraph (1), the following property shall not be subject to
forfeiture under this section:
(A) Property solely owned by a bona fide purchaser for value, who was without
knowledge that the property was intended to be used for a purpose which would
subject it to forfeiture under this section, or is subject to forfeiture under this
section.
(B) Property used as a family residence and owned by two or more inhabitants,
one of whom had no knowledge of its unlawful use.
(c)
(1) If the prosecuting agency proceeds under subdivision (a), that agency shall, in
conjunction with the criminal proceeding, file a petition for forfeiture with the superior
court of the county in which the defendant has been charged with the commission of any
of the crimes listed in subdivision (a) of Section 597.5, that shall allege that the
defendant has committed those crimes and the property is forfeitable pursuant to
subdivision (a).
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(2) The prosecuting agency shall make service of process of a notice regarding that
petition upon every individual who may have a property interest in the alleged proceeds,
which notice shall state that any interested party may file a verified claim with the
superior court stating the amount of the party’s claimed interest and an affirmation or
denial of the prosecuting agency’s allegation.
(3) If the notices cannot be served by registered mail or personal delivery, the notices
shall be published for at least three consecutive weeks in a newspaper of general
circulation in the county where the property is located.
(4) If the property alleged to be subject to forfeiture is real property, the prosecuting
agency shall, at the time of filing the petition for forfeiture, record a lis pendens in each
county in which real property alleged to be subject to forfeiture is located.
(5) The judgment of forfeiture shall not affect the interest of any third party in real
property that was acquired prior to the recording of the lis pendens.
(6) All notices shall set forth the time within which a claim of interest in the property
seized is required to be filed pursuant to this section.
(d) Any person claiming an interest in the property or proceeds seized may, at any time within 30
days from the date of the first publication of the notice of seizure, or within 30 days after receipt
of the actual notice, file with the superior court of the county in which the action is pending a
verified claim stating his or her interest in the property or proceeds. A verified copy of the claim
shall be given by the claimant to the Attorney General, or the district or city attorney, whichever
is the prosecuting agency of the underlying crime.
(e)
(1) If, at the end of the time set forth in subdivision (d), an interested person, other than
the defendant, has not filed a claim, the court, upon a motion, shall declare that the
person has defaulted upon his or her alleged interest, and that interest shall be subject to
forfeiture upon proof of the elements of subdivision (b).
(2) The defendant may admit or deny that the property is subject to forfeiture pursuant to
this section. If the defendant fails to admit or deny, or fails to file a claim of interest in
the property or proceeds, the court shall enter a response of denial on behalf of the
defendant.
(f)
(1) The forfeiture proceeding shall be set for hearing in the superior court in which the
underlying criminal offense will be tried.
(2) If the defendant is found guilty of the underlying offense, the issue of forfeiture shall
be promptly tried, either before the same jury or before a new jury in the discretion of the
court, unless waived by the consent of all parties.
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(g) At the forfeiture hearing, the prosecuting agency shall have the burden of establishing
beyond a reasonable doubt that the defendant was engaged in any of the crimes described in
subdivision (a) of Section 597.5 and that the property comes within the provisions of subdivision
(b).
(h) Concurrent with, or subsequent to, the filing of the petition, the prosecuting agency may
move the superior court for the following pendente lite orders to preserve the status quo of the
property alleged in the petition of forfeiture:
(1) An injunction to restrain all interested parties and enjoin them from transferring,
encumbering, hypothecating, or otherwise disposing of that property.
(2) Appointment of a receiver to take possession of, care for, manage, and operate the
assets and properties so that the property may be maintained and preserved.
(i) No preliminary injunction may be granted or receiver appointed without notice to the
interested parties and a hearing to determine that the order is necessary to preserve the
property, pending the outcome of the criminal proceedings, and that there is probable cause to
believe that the property alleged in the forfeiture proceedings are proceeds or property interests
forfeitable under subdivision (a). However, a temporary restraining order may issue pending
that hearing pursuant to the provisions of Section 527 of the Code of Civil Procedure.
(j) If the trier of fact at the forfeiture hearing finds that the alleged property or proceeds are
forfeitable pursuant to subdivision (a), and that the defendant was convicted of a crime listed in
subdivision (a) of Section 597.5, the court shall declare that property or proceeds forfeited to the
state or local governmental entity, subject to distribution as provided in subdivision (l).
(k)
(1) If the trier of fact at the forfeiture hearing finds that the alleged property is forfeitable
pursuant to subdivision (a) but does not find that a person holding a valid lien, mortgage,
security interest, or interest under a conditional sales contract acquired that interest with
actual knowledge that the property was to be used for a purpose for which forfeiture is
permitted, and the amount due to that person is less than the appraised value of the
property, that person may pay to the state or the local governmental entity that initiated
the forfeiture proceeding the amount of the registered owner’s equity, which shall be
deemed to be the difference between the appraised value and the amount of the lien,
mortgage, security interest, or interest under a conditional sales contract. Upon that
payment, the state or local governmental entity shall relinquish all claims to the
property.
(2) If the holder of the interest elects not to make that payment to the state or local
governmental entity, the property shall be deemed forfeited to the state or local
governmental entity.
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(3) The appraised value shall be determined as of the date judgment is entered either by
agreement between the legal owner and the governmental entity involved, or if they
cannot agree, then by a court-appointed appraiser for the county in which the action is
brought.
(4) If the amount due to a person holding a valid lien, mortgage, security interest, or
interest under a conditional sales contract is less than the value of the property and the
person elects not to make payment to the governmental entity, the property shall be sold
at public auction by the Department of General Services or by the local governmental
entity which shall provide notice of that sale by one publication in a newspaper published
and circulated in the city, community, or locality where the sale is to take place.
Proceeds of the sale shall be distributed pursuant to subdivision (l).
(l) Notwithstanding that no response or claim has been filed pursuant to subdivision (d), in all
cases where property is forfeited pursuant to this section and is sold by the Department of
General Services or a local governmental entity, the property forfeited or the proceeds of the
sale shall be distributed by the state or local governmental entity, as follows:
(1) To the bona fide or innocent purchaser, conditional sales vendor, or holder of a valid
lien, mortgage, or security interest, if any, up to the amount of his or her interest in the
property or proceeds, when the court declaring the forfeiture orders a distribution to that
person. The court shall endeavor to discover all those lienholders and protect their
interests and may, at its discretion, order the proceeds placed in escrow for a period not
to exceed 60 additional days to ensure that all valid claims are received and processed.
(2) To the Department of General Services or local governmental entity for all
expenditures made or incurred by it in connection with the sale of the property, including
expenditures for any necessary repairs, storage, or transportation of any property seized
under this section.
(3) To local nonprofit organizations exempt under Section 501(c)(3) of the Internal
Revenue Code, the primary activities of which include ongoing rescue, foster, or other
care of animals that are the victims of dogfighting, and to law enforcement entities,
including multiagency task forces, that actively investigate and prosecute animal fighting
crimes.
(4) Any remaining funds not fully distributed to organizations or entities pursuant to
paragraph (3) shall be deposited in an escrow account or restricted fund to be
distributed as soon as possible in accordance with paragraph (3).
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CAL. PENAL CODE § 599aa (2009). Seizure of fighting animals and birds, paraphernalia,
etc.; affidavit of officer; custody of seized property; forfeiture and destruction or
redelivery
(a) Any authorized officer making an arrest under Section 597.5 shall, and any authorized officer
making an arrest under Section 597b, 597c, 597j, or 599a may, lawfully take possession of all
birds or animals and all paraphernalia, implements or other property or things used or
employed, or about to be employed, in the violation of any of the provisions of this code relating
to the fighting of birds or animals that can be used in animal or bird fighting, in training animals
or birds to fight, or to inflict pain or cruelty upon animals or birds in respect to animal or bird
fighting.
(b) Upon taking possession, the officer shall inventory the items seized and question the persons
present as to the identity of the owner or owners of the items. The inventory list shall identify the
location where the items were seized, the names of the persons from whom the property was
seized, and the names of any known owners of the property.
Any person claiming ownership or possession of any item shall be provided with a signed copy
of the inventory list which shall identify the seizing officer and his or her employing agency. If
no person claims ownership or possession of the items, a copy of the inventory list shall be left at
the location from which the items were seized.
(c) The officer shall file with the magistrate before whom the complaint against the arrested
person is made, a copy of the inventory list and an affidavit stating the affiant's basis for his or
her belief that the property and items taken were in violation of this code. On receipt of the
affidavit, the magistrate shall order the items seized to be held until the final disposition of any
charges filed in the case subject to subdivision (e).
(d) All animals and birds seized shall, at the discretion of the seizing officer, be taken promptly
to an appropriate animal storage facility. For purposes of this subdivision, an appropriate
animal storage facility is one in which the animals or birds may be stored humanely. However, if
an appropriate animal storage facility is not available, the officer may cause the animals or
birds used in committing or possessed for the purpose of the alleged offenses to remain at the
location at which they were found. In determining whether it is more humane to leave the
animals or birds at the location at which they were found than to take the animals or birds to an
animal storage facility, the officer shall, at a minimum, consider the difficulty of transporting the
animals or birds and the adequacy of the available animal storage facility. When the officer does
not seize and transport all animals or birds to a storage facility, he or she shall do both of the
following:
(1) Seize a representative sample of animals or birds for evidentiary purposes from the
animals or birds found at the site of the alleged offenses. The animals or birds seized as a
representative sample shall be transported to an appropriate animal storage facility.
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(2) Cause all animals or birds used in committing or possessed for the purpose of the
alleged offenses to be banded, tagged, or marked by microchip, and photographed or
videotaped for evidentiary purposes.
(e)
(1) If ownership of the seized animals or birds cannot be determined after reasonable
efforts, the officer or other person named and designated in the order as custodian of the
animals or birds may, after holding the animals and birds for a period of not less than 10
days, petition the magistrate for permission to humanely destroy or otherwise dispose of
the animals or birds. The petition shall be published for three successive days in a
newspaper of general circulation. The magistrate shall hold a hearing on the petition not
less than 10 days after seizure of the animals or birds, after which he or she may order
the animals or birds to be humanely destroyed or otherwise disposed of, or to be retained
by the officer or person with custody until the conviction or final discharge of the
arrested person. No animal or bird may be destroyed or otherwise disposed of until 4
days after the order.
(2) Paragraph (1) shall apply only to those animals and birds seized under any of the
following circumstances:
(A) After having been used in violation of any of the provisions of this code
relating to the fighting of birds or animals.
(B) At the scene or site of a violation of any of the provisions of this code relating
to the fighting of birds or animals.
(f) Upon the conviction of the arrested person, all property seized shall be adjudged by the court
to be forfeited and shall then be destroyed or otherwise disposed of as the court may order.
Upon the conviction of the arrested person, the court may order the person to make payment to
the appropriate public entity for the costs incurred in the housing, care, feeding, and treatment
of the animals or birds. Each person convicted in connection with a particular animal or bird,
excluding any person convicted as a spectator pursuant to Section 597b or 597c, or subdivision
(b) of Section 597.5, may be held jointly and severally liable for restitution pursuant to this
subdivision. This payment shall be in addition to any other fine or other sentence ordered by the
court. The court shall specify in the order that the public entity shall not enforce the order until
the defendant satisfies all other outstanding fines, penalties, assessments, restitution fines, and
restitution orders. The court may relieve any convicted person of the obligation to make payment
pursuant to this subdivision for good cause but shall state the reasons for that decision in the
record. In the event of the acquittal or final discharge without conviction of the arrested person,
the court shall, on demand, direct the delivery of the property held in custody to the owner. If the
owner is unknown, the court shall order the animals or birds to be humanely destroyed or
otherwise disposed of.
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CAL. BUS. & PROF. CODE § 4830.5 (2009). Report of injury or death of dog participating in
staged animal fight
Whenever any licensee under this chapter has reasonable cause to believe that a dog has been
injured or killed through participation in a staged animal fight, as prescribed in Section 597b of
the Penal Code, it shall be the duty of the licensee to promptly report the same to the appropriate
law enforcement authorities of the county, city, or city and county in which the same occurred.
or as a result of making any report of a violation of Section 596, subdivision (a) or (b) of Section
597, or Section 597b, 597f, 597g 597n, or 597.5 of the Penal Code.
CAL. BUS. & PROF. CODE § 4830.7 (2009). Report of animal abuse or cruelty
Whenever any licensee under this chapter has reasonable cause to believe an animal under its
care has been a victim of animal abuse or cruelty, as prescribed in Section 597 of the Penal
Code, it shall be the duty of the licensee to promptly report it to the appropriate law enforcement
authorities of the county, city, or city and county in which it occurred.
or as a result of making any report of a violation of subdivisions (a), (b), and (c) of Section 597
of the Penal Code.
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CAL. CIV. PROC. CODE § 1208.5 (2009). Lien arising from prevention of cruelty to animals,
and proceedings thereon.
Any person having a lien upon any animal or animals under the provisions of Section 597a or
597f of the Penal Code may satisfy the lien as follows: If the lien is not discharged and satisfied,
by the person responsible, within three days after the obligation becomes due, then the person
holding the lien may resort to the proper court to satisfy the claim; or may, three days after the
charges against the property become due, sell the property, or an undivided fraction thereof as
may become necessary, to defray the amount due and costs of sale, by giving three days' notice
of the sale by advertising in some newspaper published in the county, or city and county, in
which the lien has attached to the property; or, if there is no newspaper published in the county,
then by posting notices of the sale in three of the most public places in the town or county for
three days previous to the sale. The notices shall contain an accurate description of the property
to be sold, together with the terms of sale, which must be for cash, payable on the consummation
of the sale. The proceeds of the sale shall be applied to the discharge of the lien and the costs of
sale; the remainder, if any, shall be paid over to the owner, if known, and if not known shall be
paid into the treasury of the humane society of the county, or city and county, wherein the sale
takes place; if no humane society exists in the county, then the remainder shall be paid into the
county treasury.
CAL. CORP. CODE § 14502 (2009). Humane officers; appointment; qualifications; records;
term; revocation of appointment; training course attendance; authority; arrests;
misrepresentation; offenses
(a) (1) (A) (i) On and after July 1, 1996, no entity, other than a humane society or
society for the prevention of cruelty to animals, shall be eligible to apply
for an appointment of any individual as a level 1 or level 2 humane
officer, the duty of which shall be the enforcement of the laws for the
(ii) On and after July 1, 1996, only a person who meets the requirements
of this section may be appointed as, or perform the duties of, a humane
officer.
(iii) Any person appointed as a humane officer prior to July 1, 1996, may
continue to serve as a humane officer until the expiration of the term of
appointment only if the appointing agency maintains records pursuant to
subparagraph (C) documenting that both the appointing agency and the
humane officer meet the requirements of this section.
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(B) Each humane society or society for the prevention of cruelty to animals that
makes application to the court for the appointment of an individual to act as a
level 1 or level 2 humane officer for the humane society or society for the
prevention of cruelty to animals shall provide with the application documentation
that demonstrates that the person has satisfactorily completed the training
requirements set forth in subdivision (i).
(C) Each humane society or society for the prevention of cruelty to animals for
which an individual is acting as a level 1 or level 2 humane officer shall maintain
complete and accurate records documenting that the individual has successfully
completed all requirements established in this section and shall make those
records available, upon request, to the superior court, the Attorney General, or
any entity duly authorized to review that information, including the State Humane
Association of California. The records shall include the full name and address of
each level 1 or level 2 humane officer.
(2) Any corporation incorporated for the purpose of the prevention of cruelty to animals
that possesses insurance of at least one million dollars ($1,000,000) for liability for
bodily injury or property damage may, six months after the date of its incorporation and
by resolution of its board of directors or trustees duly entered on its minutes, appoint any
number of persons, who shall be citizens of the State of California, as humane officers,
provided that the individuals to be appointed have met the training guidelines set forth in
subdivision (i).
(3) Each appointment of a humane officer shall be by separate resolution. The resolution
shall state the full name and address of the appointing agency, the full name of the person
so appointed, and the fact that he or she is a citizen of the State of California, and shall
also designate the number of the badge to be allotted to the officer.
(b) The humane society or society for the prevention of cruelty to animals shall recommend any
appointee to the judge of the superior court in and for the county or city and county in which the
humane society is incorporated, and shall deliver to the judge a copy of the resolution appointing
the person, duly certified to be correct by the president and secretary of the corporation and
attested by its seal, together with the fingerprints of the appointee taken on standard 8x8-inch
cards, proof of the society's proper incorporation in compliance with Part 9 (commencing with
Section 10400) of Division 2, a copy of the society's liability for bodily injury or property
damage insurance policy in the amount of at least one million dollars ($1,000,000), and
documentation establishing that the appointee has satisfactorily completed the training
requirements set forth in this section.
(c) The judge shall send a copy of the resolution, together with the fingerprints of the appointee,
to the Department of Justice, which shall thereupon submit to the judge, in writing, a report of
the record in its possession, if any, of the appointee. If the Department of Justice has no record
of the appointee, it shall so report to the judge in writing.
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(d) Upon receipt of the report the judge shall review the matter of the appointee's qualifications
and fitness to act as a humane officer and, if he or she reaffirms the appointment, shall so state
on a court order confirming the appointment. The appointee shall thereupon file a certified copy
of the reviewed court order in the office of the county clerk of the county or city and county and
shall, at the same time, take and subscribe the oath of office prescribed for constables or other
peace officers.
(e) The county clerk shall thereupon immediately enter in a book to be kept in his or her office
and designated "Record of Humane Officers" the name of the officer, the name of the agency
appointing him or her, the number of his or her badge, the name of the judge appointing him or
her, and the date of the filing. At the time of the filing the county clerk shall collect from the
officer a fee of five dollars ($5), which shall be in full for all services to be performed by the
county clerk under this section.
(f) All appointments of humane officers shall automatically expire if the society disbands or
legally dissolves. In addition, all appointments of humane officers shall automatically expire
within three years from the date on which the certified copy of the court order was filed with the
county clerk. Officers whose appointments are about to expire may only be reappointed after
satisfactorily completing the continuing education and training set forth in this section.
(g) (1) The corporation appointing an officer may revoke an appointment at any time by
filing in the office of the county clerk in which the appointment of the officer is recorded
a copy of the revocation in writing under the letterhead of the corporation and duly
certified by its executive officer. Upon the filing the county clerk shall enter the fact of
the revocation and the date of the filing thereof opposite the name of the officer in the
record of humane officers.
(2) Notwithstanding paragraph (1), a revocation hearing may be initiated by petition from
any duly authorized sheriff or local police agency or the State Humane Association of
California. The petition shall show cause why an appointment should be revoked and
shall be made to the superior court in the jurisdiction of the appointment.
(h) The corporation or local humane society appointing the humane officer shall pay the training
expenses of the humane officer attending the training required pursuant to this section.
(i) (1) (A) A level 1 humane officer is not a peace officer, but may exercise the powers
of a peace officer at all places within the state in order to prevent the perpetration
of any act of cruelty upon any animal and to that end may summon to his or her
aid any bystander. A level 1 humane officer may use reasonable force necessary
to prevent the perpetration of any act of cruelty upon any animal.
(B) A level 1 humane officer may make arrests for the violation of any penal law
of this state relating to or affecting animals in the same manner as any peace
officer and may also serve search warrants.
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(C) A level 1 humane officer is authorized to carry firearms while exercising the
duties of a humane officer, upon satisfactory completion of the training specified
in subparagraph (D) and the basic training for a level 1 reserve officer by the
Commission on Peace Officer Standards and Training pursuant to Section
13510.1 of the Penal Code.

satisfactory to the appointing agency that he or she has successfully completed
courses of training in the following subjects:
(i) At least 20 hours of a course of training in animal care sponsored or

provided by an accredited postsecondary institution or any other provider
approved by the California Veterinary Medical Association, the focus of
which shall be the identification of disease, injury, and neglect in domestic
(ii) At least 40 hours of a course of training in the state humane laws

relating to the powers and duties of a humane officer, sponsored or
provided by an accredited postsecondary institution, law enforcement
agency, or the State Humane Association of California.
(E) A person may not be appointed as a level 1 humane officer until he or she has
satisfied the requirements in Sections 1029, 1030, and 1031 of the Government
Code. A humane society or society for the prevention of cruelty to animals shall
complete a background investigation, using standards defined by the Commission
on Peace Officer Standards and Training as guidelines for all level 1 humane
officer appointments.
(F) In order to be eligible for reappointment, a level 1 humane officer shall

complete ongoing weapons training and range qualifications at least every six
months pursuant to subdivision (s) of Section 830.3 of the Penal Code and shall,
every three years, complete 40 hours of continuing education and training relating
to the powers and duties of a humane officer, which education and training shall
be provided by an accredited postsecondary institution, law enforcement agency,
or the State Humane Association of California.
(G) (i) Notwithstanding any other provision of this section, a level 1 humane
officer may carry firearms only if authorized by, and only under the terms
and conditions specified by, his or her appointing agency.
(ii) Notwithstanding any other provision of this section, a level 1 humane

officer shall not be authorized to carry firearms unless and until his or her
appointing agency has adopted a policy on the use of deadly force by its
officers and the officer has been instructed in that policy.
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(A)(1) A level 2 humane officer is not a peace officer, but may
exercise the powers of a peace officer at all places within the state
in order to prevent the perpetration of any act of cruelty upon any
animal and to that end may summon to his or her aid any
bystander. A level 2 humane officer may use reasonable force
necessary to prevent the perpetration of any act of cruelty upon
any animal.
(B) A level 2 humane officer may make arrests for the violation of
any penal law of this state relating to or affecting animals in the
same manner as any peace officer and may serve search warrants
during the course and within the scope of employment, upon the
successful completion of a course relating to the exercise of the
police powers specified in Section 832 of the Penal Code, except
the power to carry and use firearms.
(C) A level 2 humane officer is not authorized to carry firearms.
(D) A level 2 humane officer shall, prior to appointment, provide

evidence satisfactory to the appointing agency that he or she has
successfully completed courses of training in the following
subjects:
(i) At least 20 hours of a course of training in animal care

sponsored or provided by an accredited postsecondary
institution or any other provider approved by the California
Veterinary Medical Association, the focus of which is the
identification of disease, injury, and neglect in domestic
(ii) At least 40 hours of a course of training in the state

humane laws relating to the powers and duties of a humane
officer, sponsored or provided by an accredited
postsecondary institution, law enforcement agency, or the
State Humane Association of California.
(E) In order to be eligible for reappointment, a level 2 humane

officer shall, every three years, complete 40 hours of continuing
education and training relating to the powers and duties of a
humane officer, which education and training shall be provided by
an accredited postsecondary institution, law enforcement agency,
or the State Humane Association of California.
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(j) Every humane officer shall, when making an arrest, exhibit and expose a suitable badge to be
adopted by the corporation under this title of which he or she is a member which shall bear its
name and a number. Uniforms worn by humane officers shall prominently display the name of
the appointing agency. Humane officer uniforms shall not display the words "state" or
"California," unless part of the appointing agency's incorporated name.
(k) Any person resisting a humane officer in the performance of his or her duty as provided in
this section, is guilty of a misdemeanor. Any person who has not been appointed and qualified
as a humane officer as provided in this section, or whose appointment has been revoked as
provided in this section, or whose appointment, having expired, has not been renewed as
provided in this section, who shall represent himself or herself to be or shall attempt to act as an
officer shall be guilty of a misdemeanor.
(l) No humane officer shall serve a search warrant without providing prior notice to local law
enforcement agencies operating within that jurisdiction.
(m) Any humane society, society for the prevention of cruelty to animals, or person, who
knowingly provides a court with false or forged documentation for the appointment of a humane
officer, is guilty of a misdemeanor and shall be punished by a fine of up to ten thousand dollars
($10,000).
(n) A humane society or a society for the prevention of cruelty to animals shall notify the sheriff
of the county in which the society is incorporated, prior to appointing a humane officer, of the
society's intent to enforce laws for the prevention of cruelty to animals. Humane societies or
societies for the prevention of cruelty to animals incorporated and enforcing animal cruelty laws
prior to January 1, 1996, that intend to continue to enforce those laws, shall notify the sheriff of
the county in which the society is incorporated by March 1, 1996.
(o) Except as otherwise provided by this section, a humane officer shall serve only in the county
in which he or she is appointed. A humane officer may serve temporarily in a county other than
that in which he or she is appointed if the humane officer gives notice requesting consent to the
sheriff of the county in which he or she intends to serve, and acquires consent from the sheriff of
the county in which he or she intends to serve, or from a person authorized by the sheriff to give
that consent. A sheriff shall promptly respond to any request by a humane officer to serve in his
or her jurisdiction and any request shall not be unreasonably denied.
CAL. FAM. CODE ANN. § 6320 (2009). Ex parte order enjoining contact; companion animals
(a) The court may issue an ex parte order enjoining a party from molesting, attacking, striking,
stalking, threatening, sexually assaulting, battering, harassing, telephoning, including, but not
limited to, annoying telephone calls as described in Section 653m of the Penal Code, destroying
personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a
specified distance of, or disturbing the peace of the other party, and, in the discretion of the
court, on a showing of good cause, of other named family or household members.
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(b) On a showing of good cause, the court may include in a protective order a grant to the
petitioner of the exclusive care, possession, or control of any animal owned, possessed, leased,
kept, or held by either the petitioner or the respondent or a minor child residing in the residence
or household of either the petitioner or the respondent. The court may order the respondent to
stay away from the animal and forbid the respondent from taking, transferring, encumbering,
concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the
animal.
(c) On or before July 1, 2009, the Judicial Council shall modify the criminal and civil court
forms consistent with this section.
CAL. PENAL CODE § 17 (2009). Felony; misdemeanor; infraction; classification of offenses
(a) A felony is a crime which is punishable with death or by imprisonment in the state prison.
Every other crime or public offense is a misdemeanor except those offenses that are classified as
infractions.
(b) When a crime is punishable, in the discretion of the court, by imprisonment in the state
prison or by fine or imprisonment in the county jail, it is a misdemeanor for all purposes under
(1) After a judgment imposing a punishment other than imprisonment in the state prison.
(2) When the court, upon committing the defendant to the Youth Authority, designates
the offense to be a misdemeanor.
(3) When the court grants probation to a defendant without imposition of sentence and at
the time of granting probation, or on application of the defendant or probation officer
thereafter, the court declares the offense to be a misdemeanor.
(4) When the prosecuting attorney files in a court having jurisdiction over misdemeanor
offenses a complaint specifying that the offense is a misdemeanor, unless the defendant
at the time of his or her arraignment or plea objects to the offense being made a
misdemeanor, in which event the complaint shall be amended to charge the felony and
the case shall proceed on the felony complaint.
(5) When, at or before the preliminary examination or prior to filing an order pursuant to
Section 872, the magistrate determines that the offense is a misdemeanor, in which event
the case shall proceed as if the defendant had been arraigned on a misdemeanor
complaint.
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(c) When a defendant is committed to the Youth Authority for a crime punishable, in the
discretion of the court, by imprisonment in the state prison or by fine or imprisonment in the
county jail, the offense shall, upon the discharge of the defendant from the Youth Authority,
thereafter be deemed a misdemeanor for all purposes.
(d) A violation of any code section listed in Section 19.8 is an infraction subject to the
procedures described in Sections 19.6 and 19.7 when:
(1) The prosecutor files a complaint charging the offense as an infraction unless the
defendant, at the time he or she is arraigned, after being informed of his or her rights,
elects to have the case proceed as a misdemeanor, or;
(2) The court, with the consent of the defendant, determines that the offense is an
infraction in which event the case shall proceed as if the defendant had been arraigned on
an infraction complaint.
(e) Nothing in this section authorizes a judge to relieve a defendant of the duty to register as a
sex offender pursuant to Section 290 if the defendant is charged with an offense for which
registration as a sex offender is required pursuant to Section 290, and for which the trier of fact
has found the defendant guilty.
CAL. PENAL CODE § 18 (2009). Punishment for felony not otherwise prescribed; alternate
sentence to county jail
declared to be a felony, or to be punishable by imprisonment in a state prison, is punishable by
imprisonment in any of the state prisons for 16 months, or two or three years; provided, however,
every offense which is prescribed by any law of the state to be a felony punishable by
imprisonment in any of the state prisons or by a fine, but without an alternate sentence to the
county jail, may be punishable by imprisonment in the county jail not exceeding one year or by a
fine, or by both.
CAL. PENAL CODE § 19 (2009). Punishment for misdemeanor
declared to be a misdemeanor is punishable by imprisonment in the county jail not exceeding six
months, or by fine not exceeding one thousand dollars ($ 1,000), or by both.
CAL. PENAL CODE § 286.5 (2009). Sexually assaulting animal; misdemeanor
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.
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CAL. PENAL CODE § 596 (2009). Poisoning animals; exceptions; posting warning signs.
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 conspicuously 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.
imprisonment.
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Code.
proper disposition.
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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
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
CAL. PENAL CODE § 597b (2009). Fighting animals or cockfighting; prohibition; penalties;
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, 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
(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.
(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.
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CAL. PENAL CODE § 597c (2009). Animal fighting exhibitions; spectators; penalty
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 § 597d (2009). Fighting animals or birds; entries and arrests without
warrant
Any sheriff, police, or peace officer, or officer qualified as provided in Section 14502 of the
Corporations Code, may enter any place, building, or tenement, where there is an exhibition of
the fighting of birds or animals, or where preparations are being made for such an exhibition,
and, without a warrant, arrest all persons present.
CAL. PENAL CODE § 597e (2009). Liability for care of impounded domestic animal.
Any person who impounds, or causes to be impounded in any pound, any domestic animal, shall
supply it during such confinement with a sufficient quantity of good and wholesome food and
water, and in default thereof, is guilty of a misdemeanor. In case any domestic animal is at any
time so impounded and continues to be without necessary food and water for more than 12
consecutive hours, it is lawful for any person, from time to time, as may be deemed necessary, to
enter into and upon any pound in which the animal is confined, and supply it with necessary food
and water so long as it remains so confined. Such 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 animal is
subject to enforcement of a money judgment for the reasonable cost of such food and water.
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lawfully recovered.
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section.
CAL. PENAL CODE § 597i (2009). Cockfighting implements; prohibitions; penalties
(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.
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CAL. PENAL CODE § 597j (2009). Persons who own, possess or keep or train any bird or
other animal with intent that it be used or engaged in fighting exhibition; penalties
(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 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 § 597m (2009). Bullfights prohibited; exceptions; penalty
It shall be unlawful for any person to promote, advertise, stage, hold, manage, conduct,
participate in, engage in, or carry on any bullfight exhibition, any bloodless bullfight contest or
exhibition, or any similar contest or exhibition, whether for amusement or gain or otherwise;
provided, that nothing herein shall be construed to prohibit rodeos or to prohibit measures
necessary to the safety of participants at rodeos.
This section shall not, however, be construed as prohibiting bloodless bullfights, contests, or
exhibitions held in connection with religious celebrations or religious festivals.
Any person violating the provisions of this section is guilty of a misdemeanor.
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CAL. PENAL CODE § 597t (2009). Confined animals.
Every person who keeps an animal confined in an enclosed area shall provide it with an adequate
exercise area. If the animal is restricted by a leash, rope, or chain, the leash, rope, or chain shall
be affixed in such a manner that it will prevent the animal from becoming entangled or injured
and permit the animal's access to adequate shelter, food, and water. Violation of this section
constitutes a misdemeanor. This section shall not apply to an animal which is in transit, in a
vehicle, or in the immediate control of a person.
attention
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facility.
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the notice.
animal.

delivery or mail.
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necessary care.
following:
the notice.
animal.
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impounding officer.
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disposition.
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CAL. PENAL CODE § 597.5 (2009). Fighting dogs; felony; punishment; spectators;
misdemeanor; exceptions
(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.
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
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
(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.
(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.
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(c)
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CAL. PENAL CODE § 598.1 (2009). Forfeiture of certain property obtained by dogfighting.
(a) The prosecuting agency in a criminal proceeding in which the defendant has been charged with
the commission of any of the crimes listed in subdivision (a) of Section 597.5 may, in conjunction
with the crim inal proceeding, file a petition for forfeiture as provided in subdivision (c). If the
prosecuting agency has filed a petition for forfeiturepursuant to subdivision (c) and the defendant is
convicted of any of the crim es described in s ubdivision (a) of Section 597.5, the assets listed in
subdivision (b) shall be subject to forfeiture upon proof of the elements of subdivision (b) and in
accordance with this section.
(b)
(1) Any property interest, whether tangible or intangible, that was acquired through the
commission of any of the crimes listed in subdivision (a) of Section 597.5 shall be
subject to forfeiture, including both personal and real property, profits, proceeds, and the
instrumentalities acquired, accumulated, or used by dogfighting participants, organizers,
transporters of animals and equipment, breeders and trainers of fighting dogs, and
persons who steal or illegally obtain dogs or other animals for fighting, including bait and
sparring animals.
(2) Notwithstanding paragraph (1), the following property shall not be subject to
forfeiture under this section:
(A) Property solely owned by a bona fide purchaser for value, who was without
knowledge that the property was intended to be used for a purpose which would
subject it to forfeiture under this section, or is subject to forfeiture under this
section.
(B) Property used as a family residence and owned by two or more inhabitants,
one of whom had no knowledge of its unlawful use.
(c)
(1) If the prosecuting agency proceeds under subdivision (a), that agency shall, in
conjunction with the criminal proceeding, file a petition for forfeiture with the superior
court of the county in which the defendant has been charged with the commission of any
of the crimes listed in subdivision (a) of Section 597.5, that shall allege that the defendant
has committed those crimes and the property is forfeitable pursuant to subdivision (a).
(2) The prosecuting agency shall make service of process of a notice regarding that
petition upon every individual who may have a property interest in the alleged proceeds,
which notice shall state that any interested party may file a verified claim with the
superior court stating the amount of the party’s claimed interest and an affirmation or
denial of the prosecuting agency’s allegation.
(3) If the notices cannot be served by registered mail or personal delivery, the notices
shall be published for at least three consecutive weeks in a newspaper of general
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circulation in the county where the property is located.
(4) If the property alleged to be subject to forfeiture is real property, the prosecuting
agency shall, at the time of filing the petition for forfeiture, record a lis pendens in each
county in which real property alleged to be subject to forfeiture is located.
(5) The judgment of forfeiture shall not affect the interest of any third party in real
property that was acquired prior to the recording of the lis pendens.
(6) All notices shall set forth the time within which a claim of interest in the property
seized is required to be filed pursuant to this section.
(d) Any person claiming an interest in the property or proceeds seized may, at any time within 30
days from the date of the first publication of the notice of seizure, or within 30 days after receipt
of the actual notice, file with the superior court of the county in which the action is pending a
verified claim stating his or her interest in the property or proceeds. A verified copy of the claim
shall be given by the claimant to the Attorney General, or the district or city attorney, whichever
is the prosecuting agency of the underlying crime.
(e)
(1) If, at the end of the time set forth in subdivision (d), an interested person, other than
the defendant, has not filed a claim, the court, upon a motion, shall declare that the
person has defaulted upon his or her alleged interest, and that interest shall be subject to
forfeiture upon proof of the elements of subdivision (b).
(2) The defendant may admit or deny that the property is subject to forfeiture pursuant to
this section. If the defendant fails to admit or deny, or fails to file a claim of interest in
the property or proceeds, the court shall enter a response of denial on behalf of the
defendant.
(f)
(1) The forfeiture proceeding shall be set for hearing in the superior court in which the
underlying criminal offense will be tried.
(2) If the defendant is found guilty of the underlying offense, the issue of forfeiture shall
be promptly tried, either before the same jury or before a new jury in the discretion of the
court, unless waived by the consent of all parties.
(g) At the forfeiture hearing, the prosecuting agency shall have the burden of establishing
beyond a reasonable doubt that the defendant was engaged in any of the crimes described in
subdivision (a) of Section 597.5 and that the property comes within the provisions of subdivision
(b).
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(h) Concurrent with, or subsequent to, the filing of the petition, the prosecuting agency may
move the superior court for the following pendente lite orders to preserve the status quo of the
property alleged in the petition of forfeiture:
(1) An injunction to restrain all interested parties and enjoin them from transferring,
encumbering, hypothecating, or otherwise disposing of that property.
(2) Appointment of a receiver to take possession of, care for, manage, and operate the
assets and properties so that the property may be maintained and preserved.
(i) No preliminary injunction may be granted or receiver appointed without notice to the
interested parties and a hearing to determine that the order is necessary to preserve the property,
pending the outcome of the criminal proceedings, and that there is probable cause to believe that
the property alleged in the forfeiture proceedings are proceeds or property interests forfeitable
under subdivision (a). However, a temporary restraining order may issue pending that hearing
pursuant to the provisions of Section 527 of the Code of Civil Procedure.
(j) If the trier of fact at the forfeiture hearing finds that the alleged property or proceeds are
forfeitable pursuant to subdivision (a), and that the defendant was convicted of a crime listed in
subdivision (a) of Section 597.5, the court shall declare that property or proceeds forfeited to the
state or local governmental entity, subject to distribution as provided in subdivision (l).
(k)
(1) If the trier of fact at the forfeiture hearing finds that the alleged property is forfeitable
pursuant to subdivision (a) but does not find that a person holding a valid lien, mortgage,
security interest, or interest under a conditional sales contract acquired that interest with
actual knowledge that the property was to be used for a purpose for which forfeiture is
permitted, and the amount due to that person is less than the appraised value of the
property, that person may pay to the state or the local governmental entity that initiated
the forfeiture proceeding the amount of the registered owner’s equity, which shall be
deemed to be the difference between the appraised value and the amount of the lien,
mortgage, security interest, or interest under a conditional sales contract. Upon that
payment, the state or local governmental entity shall relinquish all claims to the property.
(2) If the holder of the interest elects not to make that payment to the state or local
governmental entity, the property shall be deemed forfeited to the state or local
governmental entity.
(3) The appraised value shall be determined as of the date judgment is entered either by
agreement between the legal owner and the governmental entity involved, or if they
cannot agree, then by a court-appointed appraiser for the county in which the action is
brought.
(4) If the amount due to a person holding a valid lien, mortgage, security interest, or
interest under a conditional sales contract is less than the value of the property and the
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person elects not to make payment to the governmental entity, the property shall be sold
at public auction by the Department of General Services or by the local governmental
entity which shall provide notice of that sale by one publication in a newspaper published
and circulated in the city, community, or locality where the sale is to take place. Proceeds
of the sale shall be distributed pursuant to subdivision (l).
(l) Notwithstanding that no response or claim has been filed pursuant to subdivision (d), in all
cases where property is forfeited pursuant to this section and is sold by the Department of
General Services or a local governmental entity, the property forfeited or the proceeds of the sale
shall be distributed by the state or local governmental entity, as follows:
(1) To the bona fide or innocent purchaser, conditional sales vendor, or holder of a valid
lien, mortgage, or security interest, if any, up to the amount of his or her interest in the
property or proceeds, when the court declaring the forfeiture orders a distribution to that
person. The court shall endeavor to discover all those lienholders and protect their
interests and may, at its discretion, order the proceeds placed in escrow for a period not to
exceed 60 additional days to ensure that all valid claims are received and processed.
(2) To the Department of General Services or local governmental entity for all
expenditures made or incurred by it in connection with the sale of the property, including
expenditures for any necessary repairs, storage, or transportation of any property seized
under this section.
(3) To local nonprofit organizations exempt under Section 501(c)(3) of the Internal
Revenue Code, the primary activities of which include ongoing rescue, foster, or other
care of animals that are the victims of dogfighting, and to law enforcement entities,
including multiagency task forces, that actively investigate and prosecute animal fighting
crimes.
(4) Any remaining funds not fully distributed to organizations or entities pursuant to
paragraph (3) shall be deposited in an escrow account or restricted fund to be distributed
as soon as possible in accordance with paragraph (3).
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CAL. PENAL CODE § 599a (2009). Issuance of arrest warrants.
When complaint is made, on oath, to any magistrate authorized to issue warrants in criminal
cases, that the complainant believes that any provision of law relating to, or in any way affecting,
dumb animals or birds, is being, or is about to be violated in any particular building or place, the
magistrate must issue and deliver immediately a warrant directed to any sheriff, police or peace
officer or officer of any incorporated association qualified as provided by law, authorizing him
to enter and search that building or place, and to arrest any person there present violating, or
attempting to violate, any law relating to, or in any way affecting, dumb animals or birds, and to
bring that person before some court or magistrate of competent jurisdiction, within the city, city
and county, or judicial district within which the offense has been committed or attempted, to be
dealt with according to law, and the attempt must be held to be a violation of Section 597.
CAL. PENAL CODE § 599aa (2009). Seizure of fighting animals and birds, paraphernalia,
etc.; affidavit of officer; custody of seized property; forfeiture and destruction or
redelivery
(a) Any authorized officer making an arrest under Section 597.5 shall, and any authorized officer
making an arrest under Section 597b, 597c, 597j, or 599a may, lawfully take possession of all
birds or animals and all paraphernalia, implements or other property or things used or employed,
or about to be employed, in the violation of any of the provisions of this code relating to the
fighting of birds or animals that can be used in animal or bird fighting, in training animals or
birds to fight, or to inflict pain or cruelty upon animals or birds in respect to animal or bird
fighting.
(b) Upon taking possession, the officer shall inventory the items seized and question the persons
present as to the identity of the owner or owners of the items. The inventory list shall identify the
location where the items were seized, the names of the persons from whom the property was
seized, and the names of any known owners of the property.
Any person claiming ownership or possession of any item shall be provided with a signed copy
of the inventory list which shall identify the seizing officer and his or her employing agency. If
no person claims ownership or possession of the items, a copy of the inventory list shall be left at
the location from which the items were seized.
(c) The officer shall file with the magistrate before whom the complaint against the arrested
person is made, a copy of the inventory list and an affidavit stating the affiant's basis for his or
her belief that the property and items taken were in violation of this code. On receipt of the
affidavit, the magistrate shall order the items seized to be held until the final disposition of any
charges filed in the case subject to subdivision (e).
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(d) All animals and birds seized shall, at the discretion of the seizing officer, be taken promptly
to an appropriate animal storage facility. For purposes of this subdivision, an appropriate animal
storage facility is one in which the animals or birds may be stored humanely. However, if an
appropriate animal storage facility is not available, the officer may cause the animals or birds
used in committing or possessed for the purpose of the alleged offenses to remain at the location
at which they were found. In determining whether it is more humane to leave the animals or
birds at the location at which they were found than to take the animals or birds to an animal
storage facility, the officer shall, at a minimum, consider the difficulty of transporting the
animals or birds and the adequacy of the available animal storage facility. When the officer does
not seize and transport all animals or birds to a storage facility, he or she shall do both of the
following:
(1) Seize a representative sample of animals or birds for evidentiary purposes from the
animals or birds found at the site of the alleged offenses. The animals or birds seized as a
representative sample shall be transported to an appropriate animal storage facility.
(2) Cause all animals or birds used in committing or possessed for the purpose of the
alleged offenses to be banded, tagged, or marked by microchip, and photographed or
videotaped for evidentiary purposes.
(e)
(1) If ownership of the seized animals or birds cannot be determined after reasonable
efforts, the officer or other person named and designated in the order as custodian of the
animals or birds may, after holding the animals and birds for a period of not less than 10
days, petition the magistrate for permission to humanely destroy or otherwise dispose of
the animals or birds. The petition shall be published for three successive days in a
newspaper of general circulation. The magistrate shall hold a hearing on the petition not
less than 10 days after seizure of the animals or birds, after which he or she may order the
animals or birds to be humanely destroyed or otherwise disposed of, or to be retained by
the officer or person with custody until the conviction or final discharge of the arrested
person. No animal or bird may be destroyed or otherwise disposed of until 4 days after
the order.
(2) Paragraph (1) shall apply only to those animals and birds seized under any of the
following circumstances:
(A) After having been used in violation of any of the provisions of this code
relating to the fighting of birds or animals.
(B) At the scene or site of a violation of any of the provisions of this code relating
to the fighting of birds or animals.
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(f) Upon the conviction of the arrested person, all property seized shall be adjudged by the court
to be forfeited and shall then be destroyed or otherwise disposed of as the court may order. Upon
the conviction of the arrested person, the court may order the person to make payment to the
appropriate public entity for the costs incurred in the housing, care, feeding, and treatment of the
animals or birds. Each person convicted in connection with a particular animal or bird, excluding
any person convicted as a spectator pursuant to Section 597b or 597c, or subdivision (b) of
Section 597.5, may be held jointly and severally liable for restitution pursuant to this
subdivision. This payment shall be in addition to any other fine or other sentence ordered by the
court. The court shall specify in the order that the public entity shall not enforce the order until
the defendant satisfies all other outstanding fines, penalties, assessments, restitution fines, and
restitution orders. The court may relieve any convicted person of the obligation to make payment
pursuant to this subdivision for good cause but shall state the reasons for that decision in the
record. In the event of the acquittal or final discharge without conviction of the arrested person,
the court shall, on demand, direct the delivery of the property held in custody to the owner. If the
owner is unknown, the court shall order the animals or birds to be humanely destroyed or
otherwise disposed of.
CAL. PENAL CODE § 599b (2009). Words and phrases; imputation of knowledge to
corporation.
In this title, the word "animal" includes every dumb creature; the words "torment," "torture," and
"cruelty" include every act, omission, or neglect whereby unnecessary or unjustifiable physical
pain or suffering is caused or permitted; and the words "owner" and "person" include
corporations as well as individuals; and the knowledge and acts of any agent of, or person
employed by, a corporation in regard to animals transported, owned, or employed by, or in the
custody of, the corporation, must be held to be the act and knowledge of the corporation as well
as the agent or employee.
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CAL. PENAL CODE § 599c (2009). Construction of title; game laws; destruction of dangerous
animals or reptiles; killing for food; authorized scientific experiments or investigations.
No part of this title shall be construed as interfering with any of the laws of this state known as
the "game laws," or any laws for or against the destruction of certain birds, nor must this title be
construed as interfering with the right to destroy any venomous reptile, or any animal known as
dangerous to life, limb, or property, or to interfere with the right to kill all animals used for food,
or with properly conducted scientific experiments or investigations performed under the
authority of the faculty of a regularly incorporated medical college or university of this state.
CAL. PENAL CODE § 11165.7 (2009). Mandated reporter
(a) As used in this article, "mandated reporter' ' is defined as any of the following:
(1) A teacher.
(2) An instructional aide.
(3) A teacher's aide or teacher's assistant employed by any public or private school.
(4) A classified employee of any public school.
(5) An administrative officer or supervisor of child welfare and attendance, or a

certificated pupil personnel employee of any public or private school.
(6) An administrator of a public or private day camp.
(7) An administrator or employee of a public or private youth center, youth recreation

program, or youth organization.
(8) An administrator or employee of a public or private organization whose duties require

direct contact and supervision of children.
(9) Any employee of a county office of education or the California Department of

Education, whose duties bring the employee into contact with children on a regular basis.
(10) A licensee, an administrator, or an employee of a licensed community care or child

day care facility.
(11) A Head Start program teacher.
(12) A licensing worker or licensing evaluator employed by a licensing agency as defined

in Section 11165.11.
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(13) A public assistance worker.
(14) An employee of a child care institution, including, but not limited to, foster parents,
group home personnel, and personnel of residential care facilities.
(15) A social worker, probation officer, or parole officer.
(16) An employee of a school district police or security department.
(17) Any person who is an administrator or presenter of, or a counselor in, a child abuse
prevention program in any public or private school.
(18) A district attorney investigator, inspector, or local child support agency caseworker
unless the investigator, inspector, or caseworker is working with an attorney appointed
pursuant to Section 317 of the Welfare and Institutions Code to represent a minor.
(19) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3
of Part 2, who is not otherwise described in this section.
(20) A firefighter, except for volunteer firefighters.
(21) A physician, surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist,

chiropractor, licensed nurse, dental hygienist, optometrist, marriage, family and child
counselor, clinical social worker, or any other person who is currently licensed under
Division 2 (commencing with Section 500) of the Business and Professions Code.
(22) Any emergency medical technician I or II, paramedic, or other person certified
pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(23) A psychological assistant registered pursuant to Section 2913 of the Business and
Professions Code.
(24) A marriage, family, and child therapist trainee, as defined in subdivision (c) of
Section 4980.03 of the Business and Professions Code.
(25) An unlicensed marriage, family, and child therapist intern registered under Section
4980.44 of the Business and Professions Code.
(26) A state or county public health employee who treats a minor for venereal disease or
any other condition.
(27) A coroner.
(28) A medical examiner, or any other person who performs autopsies.
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(29) A commercial film and photographic print processor, as specified in subdivision (e)
of Section 11166. As used in this article, " commercial film and photographic print
processor" means any person who develops exposed photographic film into negatives,
slides, or prints, or who makes prints from negatives or slides, for compensation. The
term includes any employee of such a person; it does not include a person who develops
film or makes prints for a public agency.
(30) A child visitation monitor. As used in this article, "child visitation monitor" means
any person who, for financial compensation, acts as monitor of a visit between a child
and any other person when the monitoring of that visit has been ordered by a court of
law.
(31) An animal control officer or humane society officer. For the purposes of this article,
the following terms have the following meanings:
(A) "Animal control officer" means any person employed by a city, county, or
city and county for the purpose of enforcing animal control laws or regulations.
(B) "Humane society officer" means any person appointed or employed by a

public or private entity as a humane officer who is qualified pursuant to Section
14502 or 14503 of the Corporations Code.
(32) A clergy member, as specified in subdivision (d) of Section 11166. As used in this
article, "clergy member" means a priest, minister, rabbi, religious practitioner, or similar
functionary of a church, temple, or recognized denomination or organization.
(33) Any custodian of records of a clergy member, as specified in this section and
subdivision (d) of Section 11166.
(34) Any employee of any police department, county sheriff's department, county
probation department, or county welfare department.
(35) An employee or volunteer of a Court Appointed Special Advocate program, as

defined in Rule 1424 of the California Rules of Court.
(36) A custodial officer as defined in Section 831.5.
(37) Any person providing services to a minor child under Section 12300 or 12300.1 of
the Welfare and Institutions Code.
(38) An alcohol and drug counselor. As used in this article, an "alcohol and drug
counselor" is a person providing counseling, therapy, or other clinical services for a state
licensed or certified drug, alcohol, or drug and alcohol treatment program. However,
alcohol or drug abuse, or both alcohol and drug abuse, is not in and of itself a sufficient
basis for reporting child abuse or neglect.
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(b) Except as provided in paragraph (35) of subdivision (a), volunteers of public or private
organizations whose duties require direct contact with and supervision of children are not
mandated reporters but are encouraged to obtain training in the identification and reporting of
child abuse and neglect and are further encouraged to report known or suspected instances of
child abuse or neglect to an agency specified in Section 11165.9.
(c) Employers are strongly encouraged to provide their employees who are mandated reporters
with training in the duties imposed by this article. This training shall include training in child
abuse and neglect identification and training in child abuse and neglect reporting. Whether or not
employers provide their employees with training in child abuse and neglect identification and
reporting, the employers shall provide their employees who are mandated reporters with the
statement required pursuant to subdivision (a) of Section 11166.5.
(d) School districts that do not train their employees specified in subdivision (a) in the duties of
mandated reporters under the child abuse reporting laws shall report to the State Department of
Education the reasons why this training is not provided.
(e) Unless otherwise specifically provided, the absence of training shall not excuse a mandated
reporter from the duties imposed by this article.
(f) Public and private organizations are encouraged to provide their volunteers whose duties
require direct contact with and supervision of children with training in the identification and
reporting of child abuse and neglect.
CAL. PENAL CODE § 11166 (2009). Report; duty; time
(a) Except as provided in subdivision (d), and in Section 11166.05, a mandated reporter shall
make a report to an agency specified in Section 11165.9 whenever the mandated reporter, in his
or her professional capacity or within the scope of his or her employment, has knowledge of or
observes a child whom the mandated reporter knows or reasonably suspects has been the victim
of child abuse or neglect. The mandated reporter shall make an initial report to the agency
immediately or as soon as is practicably possible by telephone and the mandated reporter shall
prepare and send, fax, or electronically transmit a written followup report thereof within 36
hours of receiving the information concerning the incident. The mandated reporter may include
with the report any nonprivileged documentary evidence the mandated reporter possesses
relating to the incident.
(1) For the purposes of this article, "reasonable suspicion" means that it is objectively
reasonable for a person to entertain a suspicion, based upon facts that could cause a
reasonable person in a like position, drawing, when appropriate, on his or her training
and experience, to suspect child abuse or neglect. For the purpose of this article, the
pregnancy of a minor does not, in and of itself, constitute a basis for a reasonable
suspicion of sexual abuse.
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(2) The agency shall be notified and a report shall be prepared and sent, faxed, or
electronically transmitted even if the child has expired, regardless of whether or not the
possible abuse was a factor contributing to the death, and even if suspected child abuse
was discovered during an autopsy.
(3) Any report made by a mandated reporter pursuant to this section shall be known as a
mandated report.
(b) If after reasonable efforts a mandated reporter is unable to submit an initial report by
telephone, he or she shall immediately or as soon as is practicably possible, by fax or electronic
transmission, make a one-time automated written report on the form prescribed by the
Department of Justice, and shall also be available to respond to a telephone followup call by the
agency with which he or she filed the report. A mandated reporter who files a one-time
automated written report because he or she was unable to submit an initial report by telephone is
not required to submit a written followup report.
(1) The one-time automated written report form prescribed by the Department of Justice
shall be clearly identifiable so that it is not mistaken for a standard written followup
report. In addition, the automated one-time report shall contain a section that allows the
mandated reporter to state the reason the initial telephone call was not able to be
completed. The reason for the submission of the one-time automated written report in
lieu of the procedure prescribed in subdivision (a) shall be captured in the Child Welfare
Services/Case Management System (CWS/CMS). The department shall work with
stakeholders to modify reporting forms and the CWS/CMS as is necessary to
accommodate the changes enacted by these provisions.
(2) This subdivision shall not become operative until the CWS/CMS is updated to
capture the information prescribed in this subdivision.
(3) This subdivision shall become inoperative three years after this subdivision becomes
operative or on January 1, 2009, which ever occurs first.
(4) On the inoperative date of these provisions, a report shall be submitted to the counties
and the Legislature by the Department of Social Services that reflects the data collected
from automated one-time reports indicating the reasons stated as to why the automated
one-time report was filed in lieu of the initial telephone report.
(5) Nothing in this section shall supersede the requirement that a mandated reporter first
attempt to make a report via telephone, or that agencies specified in Section 11165.9
accept reports from mandated reporters and other persons as required.
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(c) Any mandated reporter who fails to report an incident of known or reasonably suspected
child abuse or neglect as required by this section is guilty of a misdemeanor punishable by up to
six months confinement in a county jail or by a fine of one thousand dollars ($1,000) or by both
that imprisonment and fine. If a mandated reporter intentionally conceals his or her failure to
report an incident known by the mandated reporter to be abuse or severe neglect under this
section, the failure to report is a continuing offense until an agency specified in Section 11165.9
discovers the offense.
(d)
(1) A clergy member who acquires knowledge or a reasonable suspicion of child abuse or
neglect during a penitential communication is not subject to subdivision (a). For the
purposes of this subdivision, "penitential communication" means a communication,
intended to be in confidence, including, but not limited to, a sacramental confession,
made to a clergy member who, in the course of the discipline or practice of his or her
church, denomination, or organization, is authorized or accustomed to hear those
communications, and under the discipline, tenets, customs, or practices of his or her
church, denomination, or organization, has a duty to keep those communications secret.
(2) Nothing in this subdivision shall be construed to modify or limit a clergy member's
duty to report known or suspected child abuse or neglect when the clergy member is
acting in some other capacity that would otherwise make the clergy member a mandated
reporter.
(3)
(A) On or before January 1, 2004, a clergy member or any custodian of records
for the clergy member may report to an agency specified in Section 11165.9 that
the clergy member or any custodian of records for the clergy member, prior to
January 1, 1997, in his or her professional capacity or within the scope of his or
her employment, other than during a penitential communication, acquired
knowledge or had a reasonable suspicion that a child had been the victim of
sexual abuse that the clergy member or any custodian of records for the clergy
member did not previously report the abuse to an agency specified in Section
11165.9. The provisions of Section 11172 shall apply to all reports made pursuant
to this paragraph.
(B) This paragraph shall apply even if the victim of the known or suspected abuse
has reached the age of majority by the time the required report is made.
(C) The local law enforcement agency shall have jurisdiction to investigate any
report of child abuse made pursuant to this paragraph even if the report is made
after the victim has reached the age of majority.
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(e) Any commercial film and photographic print processor who has knowledge of or observes,
within the scope of his or her professional capacity or employment, any film, photograph,
videotape, negative, or slide depicting a child under the age of 16 years engaged in an act of
sexual conduct, shall report the instance of suspected child abuse to the law enforcement agency
having jurisdiction over the case immediately, or as soon as practicably possible, by telephone
and shall prepare and send, fax, or electronically transmit a written report of it with a copy of the
film, photograph, videotape, negative, or slide attached within 36 hours of receiving the
information concerning the incident. As used in this subdivision, "sexual conduct" means any of
the following:
(1) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal,

whether between persons of the same or opposite sex or between humans and animals.
(2) Penetration of the vagina or rectum by any object.
(3) Masturbation for the purpose of sexual stimulation of the viewer.
(4) Sadomasochistic abuse for the purpose of sexual stimulation of the viewer.
(5) Exhibition of the genitals, pubic, or rectal areas of any person for the purpose of
sexual stimulation of the viewer.
(f) Any mandated reporter who knows or reasonably suspects that the home or institution in
which a child resides is unsuitable for the child because of abuse or neglect of the child shall
bring the condition to the attention of the agency to which, and at the same time as, he or she
makes a report of the abuse or neglect pursuant to subdivision (a).
(g) Any other person who has knowledge of or observes a child whom he or she knows or
reasonably suspects has been a victim of child abuse or neglect may report the known or
suspected instance of child abuse or neglect to an agency specified in Section 11165.9. For
purposes of this section, “any other person” includes a mandated reporter who acts in his or her
private capacity and not in his or her professional capacity or within the scope of his or her
employment.
(h) When two or more persons, who are required to report, jointly have knowledge of a known or
suspected instance of child abuse or neglect, and when there is agreement among them, the
telephone report may be made by a member of the team selected by mutual agreement and a
single report may be made and signed by the selected member of the reporting team. Any
member who has knowledge that the member designated to report has failed to do so shall
thereafter make the report.
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(i)
(1) The reporting duties under this section are individual, and no supervisor or
administrator may impede or inhibit the reporting duties, and no person making a report
shall be subject to any sanction for making the report. However, internal procedures to
facilitate reporting and apprise supervisors and administrators of reports may be
established provided that they are not inconsistent with this article.
(2) The internal procedures shall not require any employee required to make reports
pursuant to this article to disclose his or her identity to the employer.
(3) Reporting the information regarding a case of possible child abuse or neglect to an
employer, supervisor, school principal, school counselor, coworker, or other person shall
not be a substitute for making a mandated report to an agency specified in Section
11165.9.
(j) A county probation or welfare department shall immediately, or as soon as practicably

possible, report by telephone, fax, or electronic transmission to the law enforcement agency
having jurisdiction over the case, to the agency given the responsibility for investigation of cases
under Section 300 of the Welfare and Institutions Code, and to the district attorney's office every
known or suspected instance of child abuse or neglect, as defined in Section 11165.6, except acts
or omissions coming within subdivision (b) of Section 11165.2, or reports made pursuant to
Section 11165.13 based on risk to a child which relates solely to the inability of the parent to
provide the child with regular care due to the parent's substance abuse, which shall be reported
only to the county welfare or probation department. A county probation or welfare department
also shall send, fax, or electronically transmit a written report thereof within 36 hours of
receiving the information concerning the incident to any agency to which it makes a telephone
report under this subdivision.
(k) A law enforcement agency shall immediately, or as soon as practicably possible, report by
telephone, fax, or electronic transmission to the agency given responsibility for investigation of
cases under Section 300 of the Welfare and Institutions Code and to the district attorney's office
every known or suspected instance of child abuse or neglect reported to it, except acts or
omissions coming within subdivision (b) of Section 11165.2, which shall be reported only to the
county welfare or probation department. A law enforcement agency shall report to the county
welfare or probation department every known or suspected instance of child abuse or neglect
reported to it which is alleged to have occurred as a result of the action of a person responsible
for the child's welfare, or as the result of the failure of a person responsible for the child's welfare
to adequately protect the minor from abuse when the person responsible for the child's welfare
knew or reasonably should have known that the minor was in danger of abuse. A law
enforcement agency also shall send, fax, or electronically transmit a written report thereof within
36 hours of receiving the information concerning the incident to any agency to which it makes a
telephone report under this subdivision.
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CAL. PENAL CODE § 11199 (2009). Reports of animal abuse, cruelty, or neglect by county
employees; time and method of report; definitions; contents of report
(a) Any employee of a county child or adult protective services agency, while acting in his or her
observes an animal whom he or she knows or reasonably suspects has been the victim of cruelty,
abuse, or neglect, may report the known or reasonably suspected animal cruelty, abuse, or
neglect to the entity or entities that investigate reports of animal cruelty, abuse, and neglect in
that county.
(b) The report may be made within two working days of receiving the information concerning
the animal by facsimile transmission of a written report presented in the form described in
subdivision (e) or by telephone if all of the information that is required to be provided pursuant
to subdivision (e) is furnished. In cases where an immediate response may be necessary in order
to protect the health and safety of the animal or others, the report may be made by telephone as
soon as possible.
(c) Nothing in this section shall be construed to impose a duty to investigate known or
reasonably suspected animal cruelty, abuse, or neglect.
(d) As used in this section, the terms "animal," "cruelty," "abuse," "neglect," "reasonable
suspicion," and "owner" are defined as follows:
(1) "Animal" includes every dumb creature.
(2) "Cruelty," "abuse," and "neglect" include every act, omission, or neglect whereby
unnecessary or unjustifiable physical pain or suffering is caused or permitted.
(3) "Reasonable suspicion" means that it is objectively reasonable for a person to

entertain a suspicion, based upon facts that could cause a reasonable person in a like
position, drawing, when appropriate, on his or her training and experience, to suspect
animal cruelty, abuse, or neglect.
(4) "Owner" means any person who is the legal owner, keeper, harborer, possessor, or the
actual custodian of an animal. "Owner" includes corporations as well as individuals.
(e) Reports made pursuant to this section may be made on a preprinted form prepared by the
entity or entities that investigate reports of animal cruelty, abuse, and neglect in that county that
includes the definitions contained in subdivision (d), and a space for the reporter to include each
of the following:
(1) His or her name and title.
(2) His or her business address and telephone number.
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(3) The name, if known, of the animal owner or custodian.
(4) The location of the animal and the premises on which the known or reasonably
suspected animal cruelty, abuse, or neglect took place.
(5) A description of the location of the animal and the premises.
(6) Type and numbers of animals involved.
(7) A description of the animal and its condition.
(8) The date, time, and a description of the observation or incident which led the reporter
to suspect animal cruelty, abuse, or neglect and any other information the reporter
believes may be relevant.
(f) When two or more employees of a county child or adult protective services agency are
present and jointly have knowledge of known or reasonably suspected animal cruelty, abuse, or
neglect, and where there is agreement among them, a report may be made by one person by
mutual agreement. Any reporter who has knowledge that the person designated to report has
failed to do so may thereafter make the report.
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ANIMAL PROTECTION LAWS OF COLORADO
ANIMAL PROTECTION LAWS OF COLORADO
2. PENALTIES
3. EXEMPTIONS
12. SEXUAL ASSAULT
13. FIGHTING
This chapter contains Colorado’s general animal protection and related statutes enacted prior to November 2009. It
Colorado may employ similar provisions within other non-animal-specific criminal and civil statutes; may have other

USA Map
COLORADO

General cruelty to animals
COLO. REV. STAT. § 18-9-202
(2)
Intentional abandonment of a dog or cat
(3)
Aggravated cruelty to animals
Animals Covered in Definition A[A]ny living dumb creature@


[1st offense]
Class 1 misdemeanor
[Subsequent offenses]
Class 6 felony
(2)
Class 1 misdemeanor
(3)
[1st offense]
Class 6 felony
[Subsequent offenses]
Class 5 felony
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COLORADO continued

[1st offense]:
18 months prison
and/or
$5,000 fine
COLO. REV. STAT. § 18-1.3-501
[Subsequent offenses]: mandatory jail or

home detention
COLO. REV. STAT. § 18-9-202(2)(b),
mandatory minimum $1,000 fine and
mandatory counseling
COLO. REV. STAT. § 18-9-202(2)(a.5)(V)
(3)
[1st offense]:
18 months prison
and
$1000 fine
COLO. REV. STAT. § 18-1.3-401
and
Mandatory surcharge up to $400
COLO. REV. STAT. § 18-9-202(2)(a.5)(I)(A)
3 years prison
and
$1000 fine
COLO. REV. STAT. § 18-1.3-401
and
Mandatory surcharge up to $400
COLO. REV. STAT. § 18-9-202(2)(a.5)(I)(A)
3. EXEMPTIONS *** 1, 2, 3, 4, 6, 7, 9
COLO. REV. STAT. §§ 18-9-201.5,
18-9-202(2)(a.5)(VII),(2.5),(3)
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COLORADO continued
4. COUNSELING / EVALUATIONS H Court shall order a pre-sentencing evaluation

and may order a treatment program in
addition to other penalties
COLO. REV. STAT. §§ 18-9-202(2)(a.5)(II),
(III),(IV)
Mandatory treatment for 2nd offense

COLO. REV. STAT. § 18-9-202(2)(a.5)(V)
5. PROTECTIVE ORDERS H Domestic violence includes crimes against a

person’s animal
COLO REV. STAT. § 18-6-800.3
Protective orders may include the animals of

a protected person
COLO REV. STAT. § 18-6-803.5
6. RESTITUTION / REIMBURSEMENT
H
Owner or custodian liable for costs of care
OF COSTS / BONDING & LIENS and disposal of animal and must file a bond
within 10 days of animal=s seizure
COLO. REV. STAT. § 18-9-202.5
Upon sale of an impounded animal, proceeds

shall be used for costs of the sale and care
and provision of the animal
COLO. REV. STAT. § 18-9-202.5
7. SEIZURE / ON-SITE SUPERVISION A peace officer may impound an animal that

the peace officer has probable cause to
believe is a victim of animal cruelty, neglect
or animal fighting
COLO. REV. STAT. § 18-9-202(1.8)
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COLORADO continued
8. FORFEITURE / POSSESSION H Animal shelter may dispose of animal if

owner fails to post a bond for costs of care, or
if animal is experiencing extreme pain or
suffering
COLO. REV. STAT. § 18-9-202.5
Court may order a mistreated animal forfeited

if ownership is unknown; or if owner should
have known of the mistreatment of the animal
and failed to take reasonable steps to prevent
it; or as an element of sentencing for a
violation of the animal protection laws
9. CROSS ENFORCEMENT / REPORTING Good faith reporting of animal cruelty results

in immunity from civil liability
10. VETERINARIAN REPORTING / IMMUNITY Veterinarians shall report suspected animal

cruelty and are immune from liability in any
civil or criminal action
COLO. REV. STAT. § 12-64-121
11. LAW ENFORCEMENT POLICIES See annotation
12. SEXUAL ASSAULT Sexual assault of an animal is a misdemeanor

on the first offense, and a Class 6 felony for
subsequent offenses
13. FIGHTING Various animal fighting activities are Class 5

felonies on first offense, Class 4 for
subsequent offenses
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COLORADO continued
Other Felony Provisions Affecting Animals I Ownership of a dangerous dog who inflicts
serious bodily injury to or causes the death of
a person
COLO. REV. STAT. § 18-9-204.5
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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, carpine, 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.
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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 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.
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(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 by Laws 2000, Ch. 282, § 2, eff. July 1, 2005.
(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 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.
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(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 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.
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2. PENALTIES

(1)
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
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.
animals.
(1.5)

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(2)
(a.5)
court may order an offender to complete an anger management treatment
program or any other appropriate treatment program.

the person qualifies 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.

treatment program.
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(b)
section.
under the provisions of this paragraph (b) to probation, the court shall, in
addition to any other condition of probation imposed, order that:


home 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.
this section.
livestock.
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Editor=s note: The sentence for a class 1 misdemeanor is a minimum 6 months in prison, or a $500 fine, or both;
and a maximum 18 months in prison, or a $5,000 fine, or both. See COLO. REV. STAT. ANN. § 18-1.3-501 (2009).
The sentence for a Class 6 felony is a minimum one year in prison and/or a $1000 fine, and a maximum 18 months
in prison and a $1000 fine. The sentence for a Class 5 felony is a minimum one year in prison and/or a $1000 fine,
and a maximum three years in prison and a $1000 fine. See COLO. REV. STAT. ANN. § 18-1.3-401 (2009).
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3. EXEMPTIONS
COLO. REV. STAT. § 18-9-201.5 (2009). Scope of part 2.
(1) Nothing in this part 2 shall affect accepted animal husbandry practices utilized by any
person in the care of companion or livestock animals or in the extermination of undesirable
pests as defined in articles 7, 10, and 43 of title 35, COLO. REV. STAT. ANN.
(2) In case of any conflict between this part 2 or section 35-43-126, COLO. REV. STAT. ANN., and
the wildlife statutes of the state, said wildlife statutes shall control.
(3) Nothing in this part 2 shall affect animal care otherwise authorized by law.
(4) Nothing in this part 2 shall affect facilities licensed under the provisions of the federal
AAnimal Welfare Act of 1970@, 7 U.S.C. sec. 2131 et seq., as amended.

(1)
animal.
animals.
(1.5)


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(2)
(a.5)


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treatment program.
(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)
section.


this section.
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livestock.
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(1)
animal.
animals.
(1.5)

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(2)
(a.5)
court may order an offender to complete an anger management treatment
program or any other appropriate treatment program.

the person qualifies 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.

treatment program.
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(b)
section.


this section.
livestock.
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COLO REV. STAT. § 18-6-800.3 (2009). Definitions
As used in this part 8, unless the context otherwise requires:
(1) "Domestic violence" means an act or threatened act of violence upon a person with whom the
actor is or has been involved in an intimate relationship. "Domestic violence" also includes any
other crime against a person, or against property, including an animal, or any municipal
ordinance violation against a person, or against property, including an animal, when used as a
method of coercion, control, punishment, intimidation, or revenge directed against a person with
whom the actor is or has been involved in an intimate relationship.
(2) "Intimate relationship" means a relationship between spouses, former spouses, past or present
unmarried couples, or persons who are both the parents of the same child regardless of whether
the persons have been married or have lived together at any time.
COLO REV. STAT. § 18-6-803.5 (2009). Crime of violation of a protection order--penalty--

peace officers' duties
(1) A person commits the crime of violation of a protection order if, after the person has been
personally served with a protection order that identifies the person as a restrained person or
otherwise has acquired from the court or law enforcement personnel actual knowledge of the
contents of a protection order that identifies the person as a restrained person, the person:
(a) Contacts, harasses, injures, intimidates, molests, threatens, or touches the protected
person or protected property, including an animal, identified in the protection order or
enters or remains on premises or comes within a specified distance of the protected
person, protected property, including an animal, or premises or violates any other
provision of the protection order to protect the protected person from imminent danger to
life or health, and such conduct is prohibited by the protection order; or
(b) Except as permitted pursuant to section 18-13-126(1)(b), hires, employs, or otherwise

contracts with another person to locate or assist in the location of the protected person.
(1.5) As used in this section:
(a) "Protected person" means the person or persons identified in the protection order as
the person or persons for whose benefit the protection order was issued.
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(a.5)
(I) "Protection order" means any order that prohibits the restrained person from
contacting, harassing, injuring, intimidating, molesting, threatening, or touching
any protected person or protected animal, or from entering or remaining on
premises, or from coming within a specified distance of a protected person or
protected animal or premises or any other provision to protect the protected
person or protected animal from imminent danger to life or health, that is issued
by a court of this state or a municipal court, and that is issued pursuant to:
(A) Article 14 of title 13, C.R.S., section 18-1-1001, section 19-2-707,

C.R.S., section 19-4-111, C.R.S., or rule 365 of the Colorado rules of
county court civil procedure;
(B) Sections 14-4-101 to 14-4-105, C.R.S., section 14-10-107, C.R.S.,

section 14-10-108, C.R.S., or section 19-3-316, C.R.S., as those sections
existed prior to July 1, 2004;
(C) An order issued as part of the proceedings concerning a criminal

municipal ordinance violation; or
(D) Any other order of a court that prohibits a person from contacting,
harassing, injuring, intimidating, molesting, threatening, or touching any
person, or from entering or remaining on premises, or from coming within
a specified distance of a protected person or premises.
(II) For purposes of this section only, "protection order" includes any order that
amends, modifies, supplements, or supersedes the initial protection order.
"Protection order" also includes any restraining order entered prior to July 1,
2003, and any foreign protection order as defined in section 13-14- 104, C.R.S.
(b) "Registry" means the computerized information system created in section 18-6-803.7
or the national crime information center created pursuant to 28 U.S.C. sec. 534.
(c) "Restrained person" means the person identified in the order as the person prohibited
from doing the specified act or acts.
(d) Deleted by Laws 2003, Ch. 139, § 6, eff. July 1, 2003.
(2)
(a) Violation of a protection order is a class 2 misdemeanor; except that, if the restrained
person has previously been convicted of violating this section or a former version of this
section or an analogous municipal ordinance, or if the protection order is issued pursuant
to section 18-1- 1001, the violation is a class 1 misdemeanor.
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(a.5) A second or subsequent violation of a protection order is an extraordinary risk crime
that is subject to the modified sentencing range specified in section 18-1.3-501(3).
(b) Deleted by Laws 1995, H.B.95-1179, § 3, eff. July 1, 1995.
(c) Nothing in this section shall preclude the ability of a municipality to enact concurrent
ordinances. Any sentence imposed for a violation of this section shall run consecutively
and not concurrently with any sentence imposed for any crime which gave rise to the
issuing of the protection order.
(3)
(a) Whenever a protection order is issued, the protected person shall be provided with a
copy of such order. A peace officer shall use every reasonable means to enforce a
protection order.
(b) A peace officer shall arrest, or, if an arrest would be impractical under the
circumstances, seek a warrant for the arrest of a restrained person when the peace officer
has information amounting to probable cause that:
(I) The restrained person has violated or attempted to violate any provision of a
protection order; and
(II) The restrained person has been properly served with a copy of the protection
order or the restrained person has received actual notice of the existence and
substance of such order.
(c) In making the probable cause determination described in paragraph (b) of this
subsection (3), a peace officer shall assume that the information received from the
registry is accurate. A peace officer shall enforce a valid protection order whether or not
there is a record of the protection order in the registry.
(d) The arrest and detention of a restrained person is governed by applicable

constitutional and applicable state rules of criminal procedure. The arrested person shall
be removed from the scene of the arrest and shall be taken to the peace officer's station
for booking, whereupon the arrested person may be held or released in accordance with
the adopted bonding schedules for the jurisdiction in which the arrest is made, or the
arrested person may be taken to the jail in the county where the protection order was
issued. The law enforcement agency or any other locally designated agency shall make
all reasonable efforts to contact the protected party upon the arrest of the restrained
person. The prosecuting attorney shall present any available arrest affidavits and the
criminal history of the restrained person to the court at the time of the first appearance of
the restrained person before the court.
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(e) The arresting agency arresting the restrained person shall forward to the issuing court
a copy of such agency's report, a list of witnesses to the violation, and, if applicable, a list
of any charges filed or requested against the restrained person. The agency shall give a
copy of the agency's report, witness list, and charging list to the protected party. The
agency shall delete the address and telephone number of a witness from the list sent to
the court upon request of such witness, and such address and telephone number shall not
thereafter be made available to any person, except law enforcement officials and the
prosecuting agency, without order of the court.
(4) If a restrained person is on bond in connection with a violation or attempted violation of a

protection order in this or any other state and is subsequently arrested for violating or attempting
to violate a protection order, the arresting agency shall notify the prosecuting attorney who shall
file a motion with the court which issued the prior bond for the revocation of the bond and for
the issuance of a warrant for the arrest of the restrained person if such court is satisfied that
probable cause exists to believe that a violation of the protection order issued by the court has
occurred.
(5) A peace officer arresting a person for violating a protection order or otherwise enforcing a
protection order shall not be held criminally or civilly liable for such arrest or enforcement
unless the peace officer acts in bad faith and with malice or does not act in compliance with rules
adopted by the Colorado supreme court.
(6)
(a) A peace officer is authorized to use every reasonable means to protect the alleged
victim or the alleged victim's children to prevent further violence. Such peace officer may
transport, or obtain transportation for, the alleged victim to shelter. Upon the request of
the protected person, the peace officer may also transport the minor child of the protected
person, who is not an emancipated minor, to the same shelter if such shelter is willing to
accept the child, whether or not there is a custody order or an order allocating parental
responsibilities with respect to such child or an order for the care and control of the child
and whether or not the other parent objects. A peace officer who transports a minor child
over the objection of the other parent shall not be held liable for any damages that may
result from interference with the custody, parental responsibilities, care, and control of or
access to a minor child in complying with this subsection (6).
(b) For purposes of this subsection (6), "shelter" means a battered women's shelter, a
friend's or family member's home, or such other safe haven as may be designated by the
protected person and which is within a reasonable distance from the location at which the
peace officer found the victim.
(7) The protection order shall contain in capital letters and bold print a notice informing the
protected person that such protected person may either initiate contempt proceedings against the
restrained person if the order is issued in a civil action or request the prosecuting attorney to
initiate contempt proceedings if the order is issued in a criminal action.
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(8) A protection order issued in the state of Colorado shall contain a statement that:
(a) The order or injunction shall be accorded full faith and credit and be enforced in every
civil or criminal court of the United States, another state, an Indian tribe, or a United
States territory pursuant to 18 U.S.C. sec. 2265;
(b) The issuing court had jurisdiction over the parties and subject matter; and
(c) The defendant was given reasonable notice and opportunity to be heard.
(9) A criminal action charged pursuant to this section may be tried either in the county where the
offense is committed or in the county in which the court that issued the protection order is
located, if such court is within this state.
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COLO. REV. STAT. § 18-9-202.5 (2009). Financial bonding requirements for costs of holding
impounded animals
(1)
(a) The owner or custodian of an animal that has been impounded by an impound agency
because of alleged neglect or abuse, or because of investigation of charges of cruelty to
animals pursuant to section 18-9-202; animal fighting pursuant to section 18-9-204;
mistreatment, neglect, or abandonment under article 42 of title 35, C.R.S.; or unlawful
ownership of a dangerous dog as described in section 18-9-204.5, may prevent
disposition of the animal by an impound agency by posting a bond with the court in an
amount sufficient to provide for the animal's care and provision at the impound agency
for at least thirty days, including the day on which the animal was taken into custody.
The owner or custodian of any impounded animal may request a hearing in a court of
competent jurisdiction within ten days after impoundment to determine whether the costs
associated with the bond are fair and reasonable for the care of and provision for the
impounded animal. Such bond shall be filed with the court within ten days after the
animal is impounded. At the end of the time for which expenses are covered by the bond,
if the owner or custodian desires to prevent disposition of the animal, the owner or
custodian shall post a new bond with the court within ten days after the prior bond's
expiration. However, if, in the opinion of a licensed veterinarian, the animal 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. At the end of the time for which expenses are covered by the bond,
the impound agency may determine disposition of the animal unless there is a court order
prohibiting such disposition. The owner or custodian shall be liable for the cost of the
care of, provision for, or disposal of the animal.
(b) A dog that is not claimed by its owner within five days after being eligible for release
from impoundment for investigation of a charge of unlawful ownership of a dangerous
dog as described in section 18-9-204.5 shall be deemed abandoned and may be disposed
of as the impound agency deems proper.
(c)
(I) With respect to the sale of an animal, the proceeds shall first be applied to the
costs of the sale and then to the expenses for the care of and provision for the
animal, including expenses incurred by the impound agency. If the owner of the
animal is convicted of cruelty to animals under section 18-9-202, animal fighting
under section 18-9-204, or unlawful ownership of a dangerous dog under section
18-9-204.5 or is found by court order to have mistreated, neglected, or abandoned
the animal under article 42 of title 35, C.R.S., the remaining proceeds, if any,
shall be paid to the impound agency. If the owner of the animal is not convicted
of such charges or is not found by court order to have so mistreated, neglected, or
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abandoned the animal, the remaining proceeds, if any, shall be paid over to the
owner of the animal.
(II) If the impound agency is the department of agriculture, moneys credited to

the department of agriculture for expenses shall be transmitted to the state
treasurer and credited to the animal protection fund, created in section 35- 42-113,
C.R.S. If the department of agriculture is not the impound agency, moneys for
expenses shall be paid to such other impound agency as the court orders.
(III) If the owner of the animal cannot be found, any remaining proceeds after all
other expenses have been paid shall be paid into the animal protection fund or, if
the impound agency is not the department of agriculture, to such other impound
agency as the court orders. Any claim for such remaining proceeds by the owner
of the animal shall be made within one year after the payment thereof to the
impound agency and, unless so presented to the court, shall be forever barred
unless the court by proper order made in any case otherwise decrees. Any refund
ordered by court decree shall be paid to the claimant by the impound agency.
(IV) At least six days prior to sale of the animal, the impound agency shall
provide written notice to the owner, at the owner's last-known address, of the time
and place of the sale of the animal.
(V) If the owner of the animal is unknown, the impound agency shall cause to be
published for one week, in a newspaper of general circulation in the jurisdiction
wherein such animal is found, notice of sale of the animal, and shall further cause
notice of the sale of the animal to be posted at a place provided for public notices
in the jurisdiction wherein such sale will take place, at least five days prior to the
sale.
(VI) The provisions of this paragraph (c) shall not apply to the disposition of an
animal for a fee by:
(A) Adoption of an animal;
(B) Release of an animal to a rescue group licensed pursuant to article 80

of title 35, C.R.S.;
(C) Release of an animal to another pet animal facility licensed pursuant

to article 80 of title 35, C.R.S.; or
(D) Release of an animal to a rehabilitator licensed by the division of

wildlife or the United States fish and wildlife service.
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(2) For purposes of this section, "impound agency" means an agency, including, but not limited
to, an animal shelter as defined in section 35-80-102(1), C.R.S., and the department of
agriculture, created in section 24-1-123, C.R.S., that impounds an animal pursuant to the
provisions of subsection (1) of this section or section 18-9-202(1.8).
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(1)
animal.
animals.
(1.5)

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(2)
(a.5)


treatment program.
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(b)
section.


this section.
livestock.
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impounded animals
(1)
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(c)

sale.
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As used in this article, unless the context otherwise requires:
(1) "Animal shelter" means a public or private facility licensed pursuant to this article and the
rules and regulations adopted pursuant thereto.
(1.5) "Bird hobby breeder facility" means any facility engaged in the operation of breeding and
raising birds for the purpose of personal enjoyment that does not transfer more than thirty birds
per year.
(2) "Canine hobby breeder facility" means any facility which transfers no more than twenty-four
dogs per year or breeds no more than two litters per year, whichever is greater.
(2.5) Deleted by Laws 2000, Ch. 290, § 4, eff. May 30, 2000.
(3) "Commission" means the state agricultural commission.
(4) "Commissioner" means the commissioner of agriculture, or the designee of the

commissioner.
(5) "Committee" means the pet animal advisory committee created in section 35-80-115.
(6) "Department" means the department of agriculture.
(6.3) "Dispose" or "disposition" means adoption of a pet animal, return of a pet animal to the
owner, release of a pet animal to a rescue group licensed pursuant to this article, release of a pet
animal to another pet animal facility licensed pursuant to this article or to a rehabilitator licensed
by the division of wildlife or the United States fish and wildlife service, or euthanasia.
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(6.5) "Dog breeder" means any firm, person, or corporation which is engaged in the operation of
breeding and raising dogs for the purpose of selling, trading, bartering, giving away, or otherwise
transferring same, excluding racing greyhounds that are not intended to be companion pets.
(6.6) "Dog breeder, large scale operation" or "large scale operation dog breeder" means a dog
breeder that transfers at least one hundred dogs per year, excluding racing greyhounds that are
not intended to be companion pets.
(6.7) "Dog breeder, small scale operation" or "small scale operation dog breeder" means a dog
breeder that transfers at least twenty-five but no more than ninety-nine dogs per year.
(7) "Euthanasia" means to produce a humane death by techniques accepted by the American
(8) "Feline hobby breeder facility" means any facility that produces or transfers no more than
twenty-four cats per year or breeds no more than three litters per year.
(9) "Livestock" means cattle, horses, mules, burros, sheep, poultry, swine, llama, and goats,
regardless of use, and any animal that is used for working purposes on a farm or ranch, and any
other animal designated by the commissioner, which animal is raised for food or fiber
production.
(10) "Pet animal" means dogs, cats, rabbits, guinea pigs, hamsters, mice, ferrets, birds, fish,
reptiles, amphibians, and invertebrates, or any other species of wild or domestic or hybrid animal
sold, transferred, or retained for the purpose of being kept as a household pet, except livestock,
as defined in subsection (9) of this section. "Pet animal" does not include an animal that is used
for working purposes on a farm or ranch.
(11) "Pet animal facility" means any place or premise used in whole or in part, which part is used
for the keeping of pet animals for the purpose of adoption, breeding, boarding, grooming,
handling, selling, sheltering, trading, or otherwise transferring such animals. "Pet animal facility"
also includes any individual animals kept by such a facility as breeding stock, such licensing of
individual breeding stock to be inclusive in the pet animal facility license. "Pet animal facility"
shall not mean a common carrier engaged in intrastate or interstate commerce. For purposes of
this article, two or more animal facilities that have the same or a similar purpose and operate
from one place or premises shall be considered a single pet animal facility.
(11.8) "Small animal breeder facility" means any facility that transfers more small mammals than
the maximum number established by the commissioner by rule for each particular species.
(12) "Small animal hobby breeder facility" means any facility that transfers a number of small
mammals that is less than the maximum number established by the commissioner by rule for
each particular species.
(13) Deleted by Laws 2000, Ch. 290, § 4, eff. May 30, 2000.
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COLO. REV. STAT. § 18-9-208 (2009). Forfeiture of animals
(1) Upon the motion of the prosecuting attorney or upon the court's own motion, after the
conviction of a defendant for cruelty to animals as described in section 18-9-202, or for animal
fighting as described in section 18-9- 204, the court may order the forfeiture of any animal
owned by or in the custody of the defendant that:
(a) Was abused, neglected, mistreated, injured, or used by the defendant during the
course of the criminal episode that gave rise to such conviction;
(b) Participated in or was affected by any act set forth in section 18-9- 204(1).
(2)
(a) If an animal is the subject of a motion made under subsection (1) of this section and is
not owned by the defendant, the court may nevertheless enter an order of forfeiture of the
animal if the court finds that:
(I) The animal was abandoned prior to the criminal episode described in
subsection (1) of this section;
(II) The owner of the animal is unknown; or
(III) The owner of the animal is known but cannot be located.
(b) Any person who contests a motion brought under this section shall establish such
person's standing as a true owner of the animal. The factors to be considered by the
court in determining whether such person is a true owner shall include, but shall not be
limited to, the following:
(I) Whether the person was the primary user, custodian, or possessor of the
animal;
(II) Whether there is evidence that ownership of the animal is vested in the
person;
(III) Whether consideration was paid for the purchase of the animal, and, if so,
how much of the consideration was furnished by the person.
(c) If the court determines that a person other than the defendant is the true owner of the
animal, the court may not enter an order forfeiting the animal under this section unless
the court finds:
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(I) The true owner was involved in the criminal episode described in subsection
(1) of this section;
(II) The true owner knew or reasonably should have known of the criminal
episode described in subsection (1) of this section and failed to take all
reasonable steps available to him or her to prevent it; or
(III) Ownership of the animal was conveyed to the true owner in order to avoid a
forfeiture.
(3) An order of forfeiture entered pursuant to this section shall provide for the immediate
disposition of the forfeited animal by any means described in section 18-9-201 (2.5) other than
return to the owner. If, in the opinion of a licensed veterinarian, the animal is experiencing
(4) The owner or custodian of an animal that is the subject of a motion brought under this
section shall be liable for the cost of the care, keeping, transport, or disposal of the animal. In
no event shall the prosecuting attorney or the office of the prosecuting attorney be liable for
such cost.
(5) The court in its discretion may order a forfeiture authorized by this section as an element of
sentencing, as a condition of probation, or as a condition of a deferred sentence.
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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.
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COLO REV. STAT. § 12-64-121 (2009). Reporting requirements--immunity for reporting--

veterinary-patient-client privilege inapplicable
(1) A licensed veterinarian who, during the course of attending or treating an animal, has
reasonable cause to know or suspect that the animal has been subjected to cruelty in violation of
section 18-9-202, C.R.S., or subjected to animal fighting in violation of section 18-9-204, C.R.S.,
shall report or cause a report to be made of the animal cruelty or animal fighting to a local law
enforcement agency or the bureau of animal protection.
(2) A licensed veterinarian shall not knowingly make a false report of animal cruelty or animal
fighting to a local law enforcement agency or to the bureau of animal protection.
(3) A licensed veterinarian who willfully violates the provisions of subsection (1) or (2) of this
section commits a class 1 petty offense, punishable as provided in section 18-1.3-503, C.R.S.
(4) A licensed veterinarian who in good faith reports a suspected incident of animal cruelty or
animal fighting to the proper authorities in accordance with subsection (1) of this section shall
be immune from liability in any civil or criminal action brought against the veterinarian for
reporting the incident. In any civil or criminal proceeding in which the liability of a veterinarian
for reporting an incident described in subsection (1) of this section is at issue, the good faith of
the veterinarian shall be presumed.
(5) The veterinary-patient-client privilege described in section 24-72-204(3)(a)(XIV), C.R.S.,

may not be asserted for the purpose of excluding or refusing evidence or testimony in a
prosecution for an act of animal cruelty under section 18-9-202, C.R.S., or for an act of animal
fighting under section 18-9-204, C.R.S.
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ANNOTATIONS:
Generally. In the exercise of the police power of the state, the legislature may undoubtedly enact proper laws for the
prevention of cruelty to animals, and it may further designate agents or officers who may be charged with the
execution of such law. Jenks v. Stump, 41 Colo. 281, 93 P. 17, 20 (1907).
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12. SEXUAL ASSAULT
otherwise requires:
(1) "Abandon" means the leaving of an animal without adequate provisions for the animal's
(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
(2.9) "Livestock" means bovine, camelids, carpine, equine, ovine, porcine, and poultry.
(3) "Mistreatment" means every act or omission that causes or unreasonably permits the
(4) "Neglect" means failure to provide food, water, protection from the elements, or other care
(5) "Sexual act with an animal" means an act between a person and an animal involving direct
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(1)
animal.
animals.
(1.5)

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(2)
(a.5)


treatment program.
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(b)
section.


this section.
livestock.
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13. FIGHTING
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.
(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.
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COLO. REV. STAT. § 18-9-205 (2009). Disposition of fines
Any fines collected pursuant to section 18-9-204 shall be transmitted to the state treasurer, who
shall then transmit the same to the county where the offense occurred for deposit in the general
fund to be used for the care of the animals involved in the offense, if required, or, if not required,
for any other lawful purpose.
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COLO REV. STAT. § 12-64-121 (2009). Reporting requirements--immunity for reporting--

veterinary-patient-client privilege inapplicable
(1) A licensed veterinarian who, during the course of attending or treating an animal, has
reasonable cause to know or suspect that the animal has been subjected to cruelty in violation of
section 18-9-202, C.R.S., or subjected to animal fighting in violation of section 18-9-204,
C.R.S., shall report or cause a report to be made of the animal cruelty or animal fighting to a
local law enforcement agency or the bureau of animal protection.
(2) A licensed veterinarian shall not knowingly make a false report of animal cruelty or animal
fighting to a local law enforcement agency or to the bureau of animal protection.
(3) A licensed veterinarian who willfully violates the provisions of subsection (1) or (2) of this
section commits a class 1 petty offense, punishable as provided in section 18-1.3-503, C.R.S.
(4) A licensed veterinarian who in good faith reports a suspected incident of animal cruelty or
animal fighting to the proper authorities in accordance with subsection (1) of this section shall be
immune from liability in any civil or criminal action brought against the veterinarian for
reporting the incident. In any civil or criminal proceeding in which the liability of a veterinarian
for reporting an incident described in subsection (1) of this section is at issue, the good faith of
the veterinarian shall be presumed.
(5) The veterinary-patient-client privilege described in section 24-72-204(3)(a)(XIV), C.R.S.,

may not be asserted for the purpose of excluding or refusing evidence or testimony in a
prosecution for an act of animal cruelty under section 18-9-202, C.R.S., or for an act of animal
fighting under section 18-9-204, C.R.S.
COLO REV. STAT. § 18-6-800.3 (2009). Definitions
As used in this part 8, unless the context otherwise requires:
(1) "Domestic violence" means an act or threatened act of violence upon a person with whom the
actor is or has been involved in an intimate relationship. "Domestic violence" also includes any
other crime against a person, or against property, including an animal, or any municipal
ordinance violation against a person, or against property, including an animal, when used as a
method of coercion, control, punishment, intimidation, or revenge directed against a person with
whom the actor is or has been involved in an intimate relationship.
(2) "Intimate relationship" means a relationship between spouses, former spouses, past or present
unmarried couples, or persons who are both the parents of the same child regardless of whether
the persons have been married or have lived together at any time.
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COLO REV. STAT. § 18-6-803.5 (2009). Crime of violation of a protection order--penalty--
peace officers' duties
(1) A person commits the crime of violation of a protection order if, after the person has been
personally served with a protection order that identifies the person as a restrained person or
otherwise has acquired from the court or law enforcement personnel actual knowledge of the
contents of a protection order that identifies the person as a restrained person, the person:
(a) Contacts, harasses, injures, intimidates, molests, threatens, or touches the protected
person or protected property, including an animal, identified in the protection order or
enters or remains on premises or comes within a specified distance of the protected
person, protected property, including an animal, or premises or violates any other
provision of the protection order to protect the protected person from imminent danger to
life or health, and such conduct is prohibited by the protection order; or
(b) Except as permitted pursuant to section 18-13-126(1)(b), hires, employs, or otherwise

contracts with another person to locate or assist in the location of the protected person.
(1.5) As used in this section:
(a) "Protected person" means the person or persons identified in the protection order as
the person or persons for whose benefit the protection order was issued.
(a.5)
(I) "Protection order" means any order that prohibits the restrained person from
contacting, harassing, injuring, intimidating, molesting, threatening, or touching
any protected person or protected animal, or from entering or remaining on
premises, or from coming within a specified distance of a protected person or
protected animal or premises or any other provision to protect the protected
person or protected animal from imminent danger to life or health, that is issued
by a court of this state or a municipal court, and that is issued pursuant to:
(A) Article 14 of title 13, C.R.S., section 18-1-1001, section 19-2-707,

C.R.S., section 19-4-111, C.R.S., or rule 365 of the Colorado rules of
county court civil procedure;
(B) Sections 14-4-101 to 14-4-105, C.R.S., section 14-10-107, C.R.S.,

section 14-10-108, C.R.S., or section 19-3-316, C.R.S., as those sections
existed prior to July 1, 2004;
(C) An order issued as part of the proceedings concerning a criminal

municipal ordinance violation; or
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(D) Any other order of a court that prohibits a person from contacting,
harassing, injuring, intimidating, molesting, threatening, or touching any
person, or from entering or remaining on premises, or from coming within
a specified distance of a protected person or premises.
(II) For purposes of this section only, "protection order" includes any order that
amends, modifies, supplements, or supersedes the initial protection order.
"Protection order" also includes any restraining order entered prior to July 1,
2003, and any foreign protection order as defined in section 13-14- 104, C.R.S.
(b) "Registry" means the computerized information system created in section 18-6-803.7
or the national crime information center created pursuant to 28 U.S.C. sec. 534.
(c) "Restrained person" means the person identified in the order as the person prohibited
from doing the specified act or acts.
(d) Deleted by Laws 2003, Ch. 139, § 6, eff. July 1, 2003.
(2)
(a) Violation of a protection order is a class 2 misdemeanor; except that, if the restrained
person has previously been convicted of violating this section or a former version of this
section or an analogous municipal ordinance, or if the protection order is issued pursuant
to section 18-1- 1001, the violation is a class 1 misdemeanor.
(a.5) A second or subsequent violation of a protection order is an extraordinary risk crime

that is subject to the modified sentencing range specified in section 18-1.3-501(3).
(b) Deleted by Laws 1995, H.B.95-1179, § 3, eff. July 1, 1995.
(c) Nothing in this section shall preclude the ability of a municipality to enact concurrent
ordinances. Any sentence imposed for a violation of this section shall run consecutively
and not concurrently with any sentence imposed for any crime which gave rise to the
issuing of the protection order.
(3)
(a) Whenever a protection order is issued, the protected person shall be provided with a
copy of such order. A peace officer shall use every reasonable means to enforce a
protection order.
(b) A peace officer shall arrest, or, if an arrest would be impractical under the
circumstances, seek a warrant for the arrest of a restrained person when the peace officer
has information amounting to probable cause that:
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(I) The restrained person has violated or attempted to violate any provision of a
protection order; and
(II) The restrained person has been properly served with a copy of the protection
order or the restrained person has received actual notice of the existence and
substance of such order.
(c) In making the probable cause determination described in paragraph (b) of this
subsection (3), a peace officer shall assume that the information received from the
registry is accurate. A peace officer shall enforce a valid protection order whether or not
there is a record of the protection order in the registry.
(d) The arrest and detention of a restrained person is governed by applicable

constitutional and applicable state rules of criminal procedure. The arrested person shall
be removed from the scene of the arrest and shall be taken to the peace officer's station
for booking, whereupon the arrested person may be held or released in accordance with
the adopted bonding schedules for the jurisdiction in which the arrest is made, or the
arrested person may be taken to the jail in the county where the protection order was
issued. The law enforcement agency or any other locally designated agency shall make
all reasonable efforts to contact the protected party upon the arrest of the restrained
person. The prosecuting attorney shall present any available arrest affidavits and the
criminal history of the restrained person to the court at the time of the first appearance of
the restrained person before the court.
(e) The arresting agency arresting the restrained person shall forward to the issuing court
a copy of such agency's report, a list of witnesses to the violation, and, if applicable, a list
of any charges filed or requested against the restrained person. The agency shall give a
copy of the agency's report, witness list, and charging list to the protected party. The
agency shall delete the address and telephone number of a witness from the list sent to
the court upon request of such witness, and such address and telephone number shall not
thereafter be made available to any person, except law enforcement officials and the
prosecuting agency, without order of the court.
(4) If a restrained person is on bond in connection with a violation or attempted violation of a

protection order in this or any other state and is subsequently arrested for violating or attempting
to violate a protection order, the arresting agency shall notify the prosecuting attorney who shall
file a motion with the court which issued the prior bond for the revocation of the bond and for
the issuance of a warrant for the arrest of the restrained person if such court is satisfied that
probable cause exists to believe that a violation of the protection order issued by the court has
occurred.
(5) A peace officer arresting a person for violating a protection order or otherwise enforcing a
protection order shall not be held criminally or civilly liable for such arrest or enforcement
unless the peace officer acts in bad faith and with malice or does not act in compliance with rules
adopted by the Colorado supreme court.
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(6)
(a) A peace officer is authorized to use every reasonable means to protect the alleged
victim or the alleged victim's children to prevent further violence. Such peace officer may
transport, or obtain transportation for, the alleged victim to shelter. Upon the request of
the protected person, the peace officer may also transport the minor child of the protected
person, who is not an emancipated minor, to the same shelter if such shelter is willing to
accept the child, whether or not there is a custody order or an order allocating parental
responsibilities with respect to such child or an order for the care and control of the child
and whether or not the other parent objects. A peace officer who transports a minor child
over the objection of the other parent shall not be held liable for any damages that may
result from interference with the custody, parental responsibilities, care, and control of or
access to a minor child in complying with this subsection (6).
(b) For purposes of this subsection (6), "shelter" means a battered women's shelter, a
friend's or family member's home, or such other safe haven as may be designated by the
protected person and which is within a reasonable distance from the location at which the
peace officer found the victim.
(7) The protection order shall contain in capital letters and bold print a notice informing the
protected person that such protected person may either initiate contempt proceedings against the
restrained person if the order is issued in a civil action or request the prosecuting attorney to
initiate contempt proceedings if the order is issued in a criminal action.
(8) A protection order issued in the state of Colorado shall contain a statement that:
(a) The order or injunction shall be accorded full faith and credit and be enforced in every
civil or criminal court of the United States, another state, an Indian tribe, or a United
States territory pursuant to 18 U.S.C. sec. 2265;
(b) The issuing court had jurisdiction over the parties and subject matter; and
(c) The defendant was given reasonable notice and opportunity to be heard.
(9) A criminal action charged pursuant to this section may be tried either in the county where the
offense is committed or in the county in which the court that issued the protection order is
located, if such court is within this state.
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COLO REV. STAT. § 18-9-201 (2009). Definitions
otherwise requires:
(1) “Abandon” means the leaving of an animal without adequate provisions for the animal's
(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
(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
(4) “Neglect” means failure to provide food, water, protection from the elements, or other care
(5) “Sexual act with an animal” means an act between a person and an animal involving direct
COLO. REV. STAT. § 18-9-201.5 (2009). Scope of part 2.
(1) Nothing in this part 2 shall affect accepted animal husbandry practices utilized by any person
in the care of companion or livestock animals or in the extermination of undesirable pests as
defined in articles 7, 10, and 43 of title 35, COLO. REV. STAT. ANN.
(2) In case of any conflict between this part 2 or section 35-43-126, COLO. REV. STAT. ANN., and
the wildlife statutes of the state, said wildlife statutes shall control.
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(3) Nothing in this part 2 shall affect animal care otherwise authorized by law.
(4) Nothing in this part 2 shall affect facilities licensed under the provisions of the federal
AAnimal Welfare Act of 1970@, 7 U.S.C. sec. 2131 et seq., as amended.

(1)
animal.
animals.
(1.5)

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(2)
(a.5)


treatment program.
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(b)
section.


this section.
livestock.
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impounded animals
(1)
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(c)

sale.
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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.
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(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.
(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. § 18-9-205 (2009). Disposition of fines
Any fines collected pursuant to section 18-9-204 shall be transmitted to the state treasurer, who
shall then transmit the same to the county where the offense occurred for deposit in the general
fund to be used for the care of the animals involved in the offense, if required, or, if not required,
for any other lawful purpose.
COLO. REV. STAT. § 18-9-208 (2009). Forfeiture of animals
(1) Upon the motion of the prosecuting attorney or upon the court's own motion, after the
conviction of a defendant for cruelty to animals as described in section 18-9-202, or for animal
fighting as described in section 18-9- 204, the court may order the forfeiture of any animal
owned by or in the custody of the defendant that:
(a) Was abused, neglected, mistreated, injured, or used by the defendant during the
course of the criminal episode that gave rise to such conviction;
(b) Participated in or was affected by any act set forth in section 18-9- 204(1).
(2)
(a) If an animal is the subject of a motion made under subsection (1) of this section and is
not owned by the defendant, the court may nevertheless enter an order of forfeiture of the
animal if the court finds that:
(I) The animal was abandoned prior to the criminal episode described in
subsection (1) of this section;
(II) The owner of the animal is unknown; or
(III) The owner of the animal is known but cannot be located.
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(b) Any person who contests a motion brought under this section shall establish such
person's standing as a true owner of the animal. The factors to be considered by the court
in determining whether such person is a true owner shall include, but shall not be limited
to, the following:
(I) Whether the person was the primary user, custodian, or possessor of the
animal;
(II) Whether there is evidence that ownership of the animal is vested in the
person;
(III) Whether consideration was paid for the purchase of the animal, and, if so,
how much of the consideration was furnished by the person.
(c) If the court determines that a person other than the defendant is the true owner of the
animal, the court may not enter an order forfeiting the animal under this section unless
the court finds:
(I) The true owner was involved in the criminal episode described in subsection
(1) of this section;
(II) The true owner knew or reasonably should have known of the criminal
episode described in subsection (1) of this section and failed to take all reasonable
steps available to him or her to prevent it; or
(III) Ownership of the animal was conveyed to the true owner in order to avoid a
forfeiture.
(3) An order of forfeiture entered pursuant to this section shall provide for the immediate
disposition of the forfeited animal by any means described in section 18-9-201 (2.5) other than
return to the owner. If, in the opinion of a licensed veterinarian, the animal is experiencing
(4) The owner or custodian of an animal that is the subject of a motion brought under this section
shall be liable for the cost of the care, keeping, transport, or disposal of the animal. In no event
shall the prosecuting attorney or the office of the prosecuting attorney be liable for such cost.
(5) The court in its discretion may order a forfeiture authorized by this section as an element of
sentencing, as a condition of probation, or as a condition of a deferred sentence.
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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.
ANNOTATIONS:
Generally. In the exercise of the police power of the state, the legislature may undoubtedly enact proper laws for the
prevention of cruelty to animals, and it may further designate agents or officers who may be charged with the
execution of such law. Jenks v. Stump, 41 Colo. 281, 93 P. 17, 20 (1907).
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ANIMAL PROTECTION LAWS OF CONNECTICUT
ANIMAL PROTECTION LAWS OF CONNECTICUT
2. PENALTIES
3. EXEMPTIONS
12. SEXUAL ASSAULT
13. FIGHTING
This chapter contains Connecticut’s general animal protection and related statutes enacted prior to November 2009. It
Connecticut may employ similar provisions within other non-animal-specific criminal and civil statutes; may have other

USA Map
CONNECTICUT

CONN. GEN. STAT. § 53-247(a)
(2)
Malicious and intentional injury or killing
CONN. GEN. STAT. § 53-247(b)
Animals Covered in Definition A[A]ll brute creatures and birds@

CONN. GEN. STAT. § 29-108a

Unclassified misdemeanor
(2)
Unclassified felony

1 year imprisonment
and/or
$1,000 fine
CONN. GEN. STAT. § 53-247(a)
(2)
and/or
$5,000 fine
3. EXEMPTIONS *** 1, 2, 3, 4
4. COUNSELING / EVALUATIONS H -----
5. PROTECTIVE ORDERS H CONN. GEN. STAT. ANN. §§ 46b-15, 46b-38c,

54-1k
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CONNECTICUT continued
6. RESTITUTION / REIMBURSEMENT Bond for costs of care authorized, limited to

H
$500
A state “animal abuse cost recovery account”

is established and funded with proceeds from
sales at public auction of domestic animals to
reimburse for costs of care for any seized
domestic animal
CONN. GEN. STAT. §§ 22-329a
Cost of care is lien on animals seized

CONN. GEN. STAT. §§ 29-108d, -108e(e),
53-253
Costs of care to be paid by owner or person

having responsibility for animal
CONN. GEN. STAT. §§ 22-329a, 29-108e(e)
7. SEIZURE / ON-SITE SUPERVISION Any animal control officer may lawfully take
charge of any animal found neglected or
cruelly treated
Any humane society agent may seize animals

from vehicles
CONN. GEN. STAT. § 29-108d
Any officer or agent of the Connecticut

Humane Society may seize neglected or
cruelly treated animals
CONN. GEN. STAT. § 29-108e
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8. FORFEITURE / POSSESSION H A court may issue an order for the temporary

care and custody of seized animals pending a
hearing on allegations of mistreatment
CONN. GEN. STAT. §§ 22-329a, 29-108e(d)
If, following a hearing, a court finds the

animal was mistreated, it may order the
animal forfeited
CONN. GEN. STAT. §§ 22-329a, 29-108e(d)
11. LAW ENFORCEMENT POLICIES The commissioner of agriculture, any animal

control officer, or any law enforcement
officer may interfere to prevent any act of
cruelty upon any dog or other animal
CONN. GEN. STAT. § 22-329
The commissioner of agriculture and animal

control officers may arrest any person and
may issue a complaint and summons for
violations of any law relating to dogs or
domestic animals
CONN. GEN. STAT. § 22-330
Accredited agents of the Connecticut Humane

Society can be appointed special state police
officers
CONN. GEN. STAT. § 29-108b
Any officer or agent of the Connecticut

Humane Society may intervene to prevent
cruelty
CONN. GEN. STAT. § 29-108c
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13. FIGHTING Various animal fighting activities are

unclassified felonies
CONN. GEN. STAT. § 53-247(c)
Other Felony Provisions Affecting Animals I Intentional killing of a law enforcement

animal
CONN. GEN. STAT. § 53-247(d)
NOTES See other species-specific statutes in Chapter

435
Liability for intentionally killing or injuring

companion animal
CONN. GEN. STAT. ANN. § 22-351a
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CONN. GEN. STAT. § 29-108a (2009). Definitions.
The terms "animals" and "animal", as used in this chapter and in sections 53-247, 53-252 and
53-253, shall include all brute creatures and birds.
CONN. GEN. STAT. § 53-247 (2009). Cruelty to animals. Fighting animals. Intentional killing
of police animal.
(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, as amended, 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.
(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.
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(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, as amended by this act, 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,
as amended by this act, 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 ten thousand
dollars or imprisoned not more than five ten years or both.
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2. PENALTIES
of police animal.
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
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CONN. GEN. STAT. § 53a-25 (2009). Felony: Definition, classification, designation
(a) An offense for which a person may be sentenced to a term of imprisonment in excess of one
year is a felony.
(b) Felonies are classified for the purposes of sentence as follows: (1) Class A, (2) class B, (3)
class C, (4) class D, (5) unclassified and (6) capital felonies.
(c) The particular classification of each felony defined in this chapter is expressly designated in
the section defining it. Any offense defined in any other section of the general statutes which, by
virtue of an expressly specified sentence, is within the definition set forth in subsection (a) shall
be deemed an unclassified felony.
CONN. GEN. STAT. § 53a-26 (2009). Misdemeanor: Definition, classification, designation
(a) An offense for which a person may be sentenced to a term of imprisonment of not more than
one year is a misdemeanor.
(b) Misdemeanors are classified for the purposes of sentence as follows: (1) Class A, (2) class B,
(3) class C and (4) unclassified.
(c) The particular classification of each misdemeanor defined in this chapter is expressly
designated in the section defining it. Any offense defined in any other section of the general
statutes which, by virtue of an expressly specified sentence, is within the definition set forth in
subsection (a) shall be deemed an unclassified misdemeanor.
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3. EXEMPTIONS
of police animal.
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-----
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CONN. GEN. STAT. ANN. § 46b-15 (2009). Relief from physical abuse by family or household
member or person in dating relationship. Application. Court orders. Duration. Copies.
Expedited hearing for violation of order. Other remedies
(a) Any family or household member as defined in section 46b-38a who has been subjected to a
continuous threat of present physical pain or physical injury by another family or household
member or person in, or has recently been in, a dating relationship who has been subjected to a
continuous threat of present physical pain or physical injury by the other person in such
relationship may make an application to the Superior Court for relief under this section.
(b) The application form shall allow the applicant, at the applicant's option, to indicate whether
the respondent holds a permit to carry a pistol or revolver or possesses one or more firearms. The
application shall be accompanied by an affidavit made under oath which includes a brief
statement of the conditions from which relief is sought. Upon receipt of the application the court
shall order that a hearing on the application be held not later than fourteen days from the date of
the order. The court, in its discretion, may make such orders as it deems appropriate for the
protection of the applicant and such dependent children or other persons as the court sees fit.
Such order may include temporary child custody or visitation rights and such relief may include
but is not limited to an order enjoining the respondent from
(1) imposing any restraint upon the person or liberty of the applicant;
(2) threatening, harassing, assaulting, molesting, sexually assaulting or attacking the

applicant; or
(3) entering the family dwelling or the dwelling of the applicant. The court, in its
discretion, may make such orders as it deems appropriate for the protection of any
animal owned or kept by the applicant including, but not limited to, an order enjoining
the respondent from injuring or threatening to injure such animal. If an applicant alleges
an immediate and present physical danger to the applicant, the court may issue an ex
parte order granting such relief as it deems appropriate. If a postponement of a hearing on
the application is requested by either party and granted, the order shall not be continued
except upon agreement of the parties or by order of the court for good cause shown.
(c) Every order of the court made in accordance with this section shall contain the following
language: "This order may be extended by the court beyond six months. In accordance with
section 53a-107, entering or remaining in a building or any other premises in violation of this
order constitutes criminal trespass in the first degree. This is a criminal offense punishable by a
term of imprisonment of not more than one year, a fine of not more than two thousand dollars or
both."
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(d) No order of the court shall exceed six months, except that an order may be extended by the
court upon motion of the applicant for such additional time as the court deems necessary. If the
respondent has not appeared upon the initial application, service of a motion to extend an order
may be made by first-class mail directed to the respondent at his or her last known address.
(e) The applicant shall cause notice of the hearing pursuant to subsection (b) of this section and a
copy of the application and the applicant's affidavit and of any ex parte order issued pursuant to
subsection (b) of this section to be served on the respondent not less than five days before the
hearing. The cost of such service shall be paid for by the judicial branch. Upon the granting of an
ex parte order, the clerk of the court shall provide two certified copies of the order to the
applicant. Upon the granting of an order after notice and hearing, the clerk of the court shall
provide two certified copies of the order to the applicant and a copy to the respondent. Every
order of the court made in accordance with this section after notice and hearing shall contain the
following language: "This court had jurisdiction over the parties and the subject matter when it
issued this protection order. Respondent was afforded both notice and opportunity to be heard in
the hearing that gave rise to this order. Pursuant to the Violence Against Women Act of 1994, 18
USC 2265, this order is valid and enforceable in all fifty states, any territory or possession of the
United States, the District of Columbia, the Commonwealth of Puerto Rico and tribal lands."
Immediately after making service on the respondent, the proper officer shall send or cause to be
sent, by facsimile or other means, a copy of the application, or the information contained in such
application, stating the date and time the respondent was served, to the law enforcement agency
or agencies for the town in which the applicant resides, the town in which the applicant is
employed and the town in which the respondent resides. The clerk of the court shall send, by
facsimile or other means, a copy of any ex parte order and of any order after notice and hearing,
or the information contained in any such order, to the law enforcement agency or agencies for
the town in which the applicant resides, the town in which the applicant is employed and the
town in which the respondent resides, within forty-eight hours of the issuance of such order.
(f) A caretaker who is providing shelter in his or her residence to a person sixty years or older
shall not be enjoined from the full use and enjoyment of his or her home and property. The
Superior Court may make any other appropriate order under the provisions of this section.
(g) When a motion for contempt is filed for violation of a restraining order, there shall be an
expedited hearing. Such hearing shall be held within five court days of service of the motion on
the respondent, provided service on the respondent is made not less than twenty-four hours
before the hearing. If the court finds the respondent in contempt for violation of an order, the
court may impose such sanctions as the court deems appropriate.
(h) An action under this section shall not preclude the applicant from seeking any other civil or
criminal relief.
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CONN. GEN. STAT. ANN. § 46b-38c (2009). Family violence response and intervention units.
Local units. Duties and functions. Protective orders. Pretrial family violence education
program
(a) There shall be family violence response and intervention units in the Connecticut judicial
system to respond to cases involving family violence. The units shall be coordinated and
governed by formal agreement between the chief state's attorney and the judicial department.
(b) The Court Support Services Division, in accordance with the agreement between the Chief
State's Attorney and the Judicial Department, shall establish within each geographical area of the
Superior Court a local family violence intervention unit to implement sections 46b-1, 46b-15,
46b-38a to 46b-38f, inclusive, and 54-1g. The Court Support Services Division shall oversee
direct operations of the local units.
(c) Each such local family violence intervention unit shall:
(1) Accept referrals of family violence cases from a judge or prosecutor,
(2) prepare written or oral reports on each case for the court by the next court date to be
presented at any time during the court session on that date,
(3) provide or arrange for services to victims and offenders,
(4) administer contracts to carry out such services, and
(5) establish centralized reporting procedures. All information provided to a family

relations officer in a local family violence intervention unit shall be solely for the
purposes of preparation of the report and the protective order forms for each case and
recommendation of services and shall otherwise be confidential and retained in the files
of such unit and not be subject to subpoena or other court process for use in any other
proceeding or for any other purpose, except that if the victim has indicated that the
defendant holds a permit to carry a pistol or revolver or possesses one or more firearms,
the family relations officer shall disclose such information to the court and the
prosecuting authority for appropriate action.
(d) In all cases of family violence, a written or oral report and recommendation of the local
family violence intervention unit shall be available to a judge at the first court date appearance to
be presented at any time during the court session on that date. A judge of the Superior Court may
consider and impose the following conditions to protect the parties, including, but not limited to:
(1) Issuance of a protective order pursuant to subsection (e) of this section;
(2) prohibition against subjecting the victim to further violence;
(3) referral to a family violence education program for batterers; and

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(4) immediate referral for more extensive case assessment. Such protective order shall be
an order of the court, and the clerk of the court shall cause
(A) a certified copy of such order to be sent to the victim, and
(B) a copy of such order, or the information contained in such order, to be sent by facsimile or
other means within forty-eight hours of its issuance to the law enforcement agency for the town
in which the victim resides and, if the defendant resides in a town different from the town in
which the victim resides, to the law enforcement agency for the town in which the defendant
resides. If the victim is employed in a town different from the town in which the victim resides,
the clerk of the court shall, upon the request of the victim, send, by facsimile or other means, a
copy of such order, or the information contained in such order, to the law enforcement agency
for the town in which the victim is employed within forty-eight hours of the issuance of such
order.
(e) A protective order issued under this section may include provisions necessary to protect the
victim from threats, harassment, injury or intimidation by the defendant, including, but not
limited to, an order enjoining the defendant from
(1) imposing any restraint upon the person or liberty of the victim,
(2) threatening, harassing, assaulting, molesting or sexually assaulting the victim, or
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(3) entering the family dwelling or the dwelling of the victim. A protective order issued
under this section may include provisions necessary to protect any animal owned or kept
by the victim including, but not limited to, an order enjoining the defendant from injuring
or threatening to injure such animal. Such order shall be made a condition of the bail or
release of the defendant and shall contain the following language: "In accordance with
section 53a-223 of the Connecticut general statutes, any violation of this order constitutes
criminal violation of a protective order which is punishable by a term of imprisonment of
not more than five years, a fine of not more than five thousand dollars, or both.
Additionally, in accordance with section 53a-107 of the Connecticut general statutes,
entering or remaining in a building or any other premises in violation of this order
constitutes criminal trespass in the first degree which is punishable by a term of
imprisonment of not more than one year, a fine of not more than two thousand dollars, or
both. Violation of this order also violates a condition of your bail or release, and may
result in raising the amount of bail or revoking release. " Every order of the court made in
accordance with this section after notice and hearing shall also contain the following
language: "This court had jurisdiction over the parties and the subject matter when it
issued this protection order. Respondent was afforded both notice and opportunity to be
heard in the hearing that gave rise to this order. Pursuant to the Violence Against Women
Act of 1994, 18 USC 2265, this order is valid and enforceable in all fifty states, any
territory or possession of the United States, the District of Columbia, the Commonwealth
of Puerto Rico and tribal lands. " The information contained in and concerning the
issuance of any protective order issued under this section shall be entered in the registry
of protective orders pursuant to section 51-5c.
(f) In cases referred to the local family violence intervention unit, it shall be the function of the
unit to
(1) identify victim service needs and, by contract with victim service providers, make
available appropriate services and
(2) identify appropriate offender services and where possible, by contract, provide
treatment programs for offenders.
(g) There shall be a pretrial family violence education program for persons who are charged with
family violence crimes. The court may, in its discretion, invoke such program on motion of the
defendant when it finds:
(1) That the defendant has not previously been convicted of a family violence crime
which occurred on or after October 1, 1986;
(2) the defendant has not had a previous case assigned to the family violence education
program;
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(3) the defendant has not previously invoked or accepted accelerated rehabilitation under
section 54-56e for a family violence crime which occurred on or after October 1, 1986;
and
(4) that the defendant is not charged with a class A, class B or class C felony, or an
unclassified felony carrying a term of imprisonment of more than ten years, or unless
good cause is shown, a class D felony or an unclassified offense carrying a term of
imprisonment of more than five years. Participation by any person in the accelerated
pretrial rehabilitation program under section 54-56e prior to October 1, 1986, shall not
prohibit eligibility of such person for the pretrial family violence education program
under this section. The court may require that the defendant answer such questions under
oath, in open court or before any person designated by the clerk and duly authorized to
administer oaths, under the penalties of perjury as will assist the court in making these
findings. The court, on such motion, may refer the defendant to the family violence
intervention unit, and may continue his case pending the submission of the report of the
unit to the court. The court shall also give notice to the victim or victims that the
defendant has requested assignment to the family violence education program, and,
where possible, give the victim or victims opportunity to be heard. Any defendant who
accepts placement in the family violence education program shall agree to the tolling of
any statute of limitations with respect to the crime or crimes with which he is charged,
and to a waiver of his right to a speedy trial. Any such defendant shall appear in court
and shall be released to the custody of the family violence intervention unit for such
period, not exceeding two years, and under such conditions as the court shall order. If the
defendant refuses to accept, or, having accepted, violates such conditions, his case shall
be brought to trial. If the defendant satisfactorily completes the family violence education
program and complies with the conditions imposed for the period set by the court, he
may apply for dismissal of the charges against him and the court, on finding satisfactory
compliance, shall dismiss such charges. Upon dismissal all records of such charges shall
be erased pursuant to section 54-142a.
(h) A fee of two hundred dollars shall be paid to the court by any person who enters the family
violence education program, except that no person shall be excluded from such program for
inability to pay the fee, provided
(1) the person files with the court an affidavit of indigency or inability to pay and
(2) the court enters a finding thereof. All such fees shall be credited to the general fund.
(i) The Judicial Department shall establish an ongoing training program for judges, Court
Support Services Division personnel and clerks to inform them about the policies and procedures
of sections 46b-1, 46b-15, 46b-38a to 46b-38f, inclusive, and 54-1g, including, but not limited
to, the function of the family violence intervention units and the use of restraining and protective
orders.
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CONN. GEN. STAT. ANN. § 54-1k (2009). Issuance of protective orders in stalking and
harassment cases
Upon the arrest of a person for a violation of section 53a-181c, 53a-181d or 53a-181e, the court
may issue a protective order pursuant to this section. Upon the arrest of a person for a violation
of section 53a-182b or 53a-183, the court may issue a protective order pursuant to this section if
it finds that such violation caused the victim to reasonably fear for his or her physical safety.
Such order shall be an order of the court, and the clerk of the court shall cause a certified copy of
such order to be sent to the victim, and a copy of such order, or the information contained in
such order, to be sent by facsimile or other means within forty-eight hours of its issuance to the
appropriate law enforcement agency. A protective order issued under this section may include
provisions necessary to protect the victim from threats, harassment, injury or intimidation by the
defendant, including but not limited to, an order enjoining the defendant from
(3) entering the dwelling of the victim. A protective order issued under this section may
include provisions necessary to protect any animal owned or kept by the victim including,
but not limited to, an order enjoining the defendant from injuring or threatening to injure
such animal. Such order shall be made a condition of the bail or release of the defendant
and shall contain the following language: "In accordance with section 53a-223 of the
Connecticut general statutes, any violation of this order constitutes criminal violation of a
protective order which is punishable by a term of imprisonment of not more than five
years, a fine of not more than five thousand dollars, or both. Additionally, in accordance
with section 53a-107 of the Connecticut general statutes, entering or remaining in a
building or any other premises in violation of this order constitutes criminal trespass in
the first degree which is punishable by a term of imprisonment of not more than one year,
a fine of not more than two thousand dollars, or both. Violation of this order also violates
a condition of your bail or release and may result in raising the amount of bail or
revoking release. " The information contained in and concerning the issuance of any
protective order issued under this section shall be entered in the registry of protective
orders pursuant to section 51-5c.
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CONN. GEN. STAT. ANN. § 22-329a (2009). Seizure and custody of neglected or cruelly
treated animals. Animal abuse cost recovery account
(a) The Chief Animal Control Officer, any animal control officer or any municipal or regional
animal control officer may take physical custody of any animal when such animal control officer
has reasonable cause to believe that such animal is in imminent harm and is neglected or is
cruelly treated in violation of section 22-366, 22-415, 53-247, 53-248, 53-249, 53-249a, 53-250,
53-251 or 53-252, and, not later than ninety-six hours after taking physical custody, shall
proceed as provided in subsection (c) of this section, except that if, in the opinion of a licensed
veterinarian or the State Veterinarian, at any time after physical custody of such animal is taken,
such animal is so injured or diseased that it should be destroyed immediately, such officer may
humanely destroy or cause such animal to be humanely destroyed.
(b) The Chief Animal Control Officer, any animal control officer or any municipal or regional
animal control officer may take physical custody of any animal upon issuance of a warrant
finding probable cause that such animal is neglected or is cruelly treated in violation of section
22-366, 22-415, 53-247, 53-248, 53-249, 53-249a, 53-250, 53-251 or 53-252, and shall
thereupon proceed as provided in subsection (c) of this section except that if, in the opinion of a
licensed veterinarian or the State Veterinarian, at any time after physical custody of such animal
is taken, such animal is so injured or diseased that it should be destroyed immediately, such
officer may humanely destroy or cause such animal to be humanely destroyed.
(c) Such officer shall file with the superior court which has venue over such matter or with the
superior court for the judicial district of Hartford at Hartford a verified petition plainly stating
such facts of neglect or cruel treatment as to bring such animal within the jurisdiction of the
court and praying for appropriate action by the court in accordance with the provisions of this
section. Upon the filing of such petition, the court shall cause a summons to be issued requiring
the owner or owners or person having responsibility for the care of the animal, if known, to
appear in court at the time and place named.
(d) If physical custody of an animal has been taken pursuant to subsection (a) or (b) of this
section and it appears from the allegations of the petition filed pursuant to subsection (c) of this
section and other affirmations of fact accompanying the petition, or provided subsequent thereto,
that there is reasonable cause to find that the animal's condition or the circumstances surrounding
its care require that temporary care and custody be immediately assumed to safeguard its
welfare, the court shall either (1) issue an order to show cause why the court should not vest in
some suitable state, municipal or other public or private agency or person the animal's temporary
care and custody pending a hearing on the petition, or (2) issue an order vesting in some suitable
state, municipal or other public or private agency or person the animal's temporary care and
custody pending a hearing on the petition. A hearing on the order issued by the court pursuant to
subdivision (1) or (2) of this subsection shall be held not later than fourteen days after the
issuance of such order. The service of such order may be made by any officer authorized by law
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to serve process, state police officer or indifferent person and shall be served not less than forty-
eight hours prior to the date and time of such hearing. If the owner or owners or person having
responsibility for the care of the animal is not known, notice of the time and place of the hearing
shall be given by publication in a newspaper having a circulation in the town in which such
officer took physical custody of such animal not less than forty-eight hours prior to the date and
time of such hearing.
(e) If physical custody of an animal has not been taken pursuant to subsection (a) or (b) of this
section, and the Chief Animal Control Officer, any animal control officer or any municipal or
regional animal control officer has reasonable cause to believe that an animal is neglected or is
53-251 or 53-252, such animal control officer may file a petition with the superior court which
has venue over such matter or with the superior court for the judicial district of Hartford at
Hartford, plainly stating such facts of neglect or cruel treatment as to bring the animal within
the jurisdiction of the court and praying for appropriate action by the court to ensure the
welfare of the animal including, but not limited to, physical removal and temporary care and
custody of the animal, authorization of an animal control officer or a licensed veterinarian to
provide care for the animal on site, vesting of ownership of the animal, the posting of a bond in
accordance with subsection (f) of this section and the assessment of costs in accordance with
subsection (h) of this section. Upon the filing of such petition, the court shall cause a summons
for an order to show cause to be issued requiring the owner or owners or person having
responsibility for the care of the animal, if known, to appear in court at the time and place
named. If the owner or owners or person having responsibility for the care of the animal is not
known, notice of the time and place of the hearing shall be given by publication in a newspaper
having a circulation in the town where the animal is located not less than forty-eight hours prior
to the date and time of the hearing. If it appears from the allegations of the petition filed pursuant
to this subsection and other affirmations of fact accompanying the petition, or provided
subsequent thereto, that there is reasonable cause to find that the animal's condition or the
circumstances surrounding its care require the immediate removal of the animal from the owner
or owners or person having responsibility for the care of the animal to safeguard its welfare, the
court shall issue an order vesting in some suitable state, municipal or other public or private
agency or person the animal's temporary care and custody pending a hearing on the petition
which hearing shall be held not later than ten days after the issuance of such order for such
temporary care and custody. The service of such order may be made by any officer authorized by
law to serve process, state police officer or indifferent person and shall be served not less than
forty-eight hours prior to the date and time of such hearing.
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(f) If the court issues an order vesting the animal's temporary care and custody in some suitable
state, municipal or other public or private agency or person, the owner or owners shall either
relinquish ownership of the animal or post a surety bond or cash bond with the agency or person
in whom the animal's temporary care and custody was vested. The surety bond or cash bond
shall be in the amount of five hundred dollars and shall secure payment for the reasonable
expenses of the agency or person having temporary care and custody of the animal in caring and
providing for such animal until the court makes a finding as to the animal's disposition under
subsection (g) of this section. The requirement that a bond be posted may be waived if such
owner provides satisfactory evidence that such owner is indigent and unable to pay for such
bond.
(g)
(1) If, after hearing, the court finds that the animal is neglected or cruelly treated, it shall
vest ownership of the animal in any state, municipal or other public or private agency
which is permitted by law to care for neglected or cruelly treated animals or with any
person found to be suitable or worthy of such responsibility by the court.
(2) If, after hearing, the court finds that the animal is so injured or diseased that it should
be destroyed, the court may order that such animal be humanely destroyed.
(3) If, after hearing, the court finds that the animal is not neglected or cruelly treated, it
may cause the animal to be returned to its owner or owners or person having
responsibility for its care or, if such owner or owners or person is unknown or unwilling
to resume caring for such animal, it may vest ownership of the animal in any state,
municipal or other public or private agency or person found to be suitable or worthy of
such responsibility.
(4) If the court makes a finding under subdivision (1) or (2) of this subsection less than
thirty days after the issuance of an order of temporary care and custody and the owner of
the animal has posted a bond, the agency or person with whom the bond was posted shall
return the balance of such bond, if any, to the owner. The amount of the bond to be
returned to the owner shall be calculated at the rate of fifteen dollars per day per animal
or twenty-five dollars per day per animal if the animal is a horse or other large livestock
for the number of days less than thirty that such agency or person has not had temporary
care and custody of the animal less any veterinary costs and expenses incurred for the
welfare of the animal.
(5) If the court makes a finding under subdivision (3) of this subsection after the issuance
of an order of temporary care and custody and the owner of the animal has posted a
bond, the agency or person with whom the bond was posted shall return such bond to
such owner.
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(h) If the court finds that the animal is neglected or cruelly treated, the expenses incurred by the
state or a municipality in providing proper food, shelter and care to an animal it has taken
custody of under subsection (a) or (b) of this section and the expenses incurred by any state,
municipal or other public or private agency or person in providing temporary care and custody
pursuant to an order vesting temporary care and custody, calculated at the rate of fifteen dollars
per day per animal or twenty-five dollars per day per animal if the animal is a horse or other
large livestock until the date ownership is vested pursuant to subdivision (1) of subsection (g) of
this section shall be paid by the owner or owners or person having responsibility for the care of
the animal. In addition, all veterinary costs and expenses incurred for the welfare of the animal
that are not covered by the per diem rate shall be paid by the owner or owners or person having
responsibility for the animal.
(i) If the court vests ownership of the animal in the Commissioner of Agriculture or a
municipality, the commissioner or the municipality may conduct or participate in a public
auction of the animal under such conditions the commissioner or the municipality deems
necessary or the commissioner or the municipality may consign the animal to an auction or sell
the animal through an open advertised bid process whereby bid price and demonstration of
sufficient knowledge and ability to care for such animal are factors for the commissioner's or
municipality's consideration. All moneys collected from the sale of animals sold by the
Commissioner of Agriculture through such open advertised bid process shall be deposited in the
“animal abuse cost recovery account” established in subsection (j) of this section. All moneys
collected from the sale of animals sold by a municipality through such open advertised bid
process shall be deposited by the town treasurer or other fiscal officer in the town's general fund.
In a case where rehabilitative or special care of such animal is required, the commissioner or the
municipality may vest ownership of such animal in an individual or a public or private nonprofit
animal rescue or adoption organization which annually places ten or more animals in private
homes as pets.
(j) There is established a separate, nonlapsing account within the General Fund, to be known as
the “animal abuse cost recovery account”. All moneys collected from sales at public auction of
animals seized by the Department of Agriculture pursuant to this section shall be deposited into
the account. Deposits of moneys may be made into the account from public or private sources,
including, but not limited to, the federal government or municipal governments.
(k) Notwithstanding any provision of the general statutes, any moneys received by the
Department of Agriculture pursuant to subsection (j) of this section shall be deposited in the
General Fund and credited to the animal abuse cost recovery account. The account shall be
available to the Commissioner of Agriculture for the purpose of the housing, care and welfare of
any animal seized by the department, until final disposition of such animal. Nothing in this
section shall prevent the commissioner from obtaining or using funds from sources other than
the account for the housing, care and welfare of any animal seized by the department pursuant
to this section.
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CONN. GEN. STAT. § 29-108d (2009). Disposition of animal or vehicle of person arrested.
When any person arrested under any provision of the laws relating to cruelty to animals is, at the
time of such arrest, in charge of any vehicle drawn by or containing any animal cruelly treated,
any agent or officer of the Connecticut Humane Society may take charge of such animal and of
such vehicle and its contents, and shall give notice thereof to the owner, if known, at his last-
known address by registered or certified mail, return receipt requested, and if the owner is not
known, by publication in a newspaper having a circulation in the town in which the society took
charge of such animal. The society shall care and provide for the animal and the vehicle and its
contents until their owner takes charge of them or, if the state claims such seized property is a
nuisance, until they are destroyed or disposed of in accordance with section 54-33g. The society
shall have a lien on any such animal and vehicle for the expenses of such care and provision.
CONN. GEN. STAT. § 29-108e (2009) Detention and disposition of neglected or cruelly
treated animals.
(a) Any officer or agent of the Connecticut Humane Society may lawfully take charge of any
animal found neglected or cruelly treated, in violation of sections 22-366, 22-415 and 53-247 to
53-252, inclusive, and shall thereupon proceed as provided in subsection (b) of this section,
except that if, in the opinion of a licensed veterinarian, such animal is so injured or diseased that
it should be destroyed immediately, such officer or agent may humanely destroy or cause such
animal to be humanely destroyed.
(b) Such officer or agent shall file with the superior court which has venue over such matter a
verified petition plainly stating such facts as to bring such animal within the jurisdiction of the
section. Upon the filing of such petition the court shall cause a summons to be issued requiring
appear in court at the time and place named, which summons shall be served not less than
fourteen days before the date of the hearing. If the owner or owners or person having
shall be given by publication in a newspaper having a circulation in the town in which the
society took charge of such animal not less than fourteen days before the date of the hearing.
Such court shall further give notice to the petitioner of the time and place of the hearing not less
than fourteen days before the date of the hearing.
(c) If it appears from the allegations of the petition and other affirmations of fact accompanying
the petition, or provided subsequent thereto, that there is reasonable cause to find that the
animal's condition or the circumstances surrounding its care require that its custody be
immediately assumed to safeguard its welfare, the court shall either (1) issue an order to the
owner or owners or person having responsibility for the care of the animal to show cause at such
time as the court may designate why the court shall not vest in some suitable agency or person
the animal's temporary care and custody pending a hearing on the petition or (2) issue an order
vesting in some suitable agency or person the animal's temporary care and custody pending a
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hearing on the petition which hearing shall be held within ten days from the issuance of such
order on the need for such temporary care and custody. The service of such orders may be made
by any officer authorized by law to serve process, state police officer or indifferent person.
(d)
(1) If, after hearing, the court finds that the animal is neglected or cruelly treated, it may
vest ownership of the animal in any private or public agency which is permitted by law to
care for neglected or cruelly treated animals or with any person found to be suitable or
worthy of such responsibility by the court.
to resume caring for such animal, it may vest ownership of the animal in any private or
public agency or person found to be suitable or worthy of such responsibility.
(e) Unless the court finds that the animal is not neglected or cruelly treated, the expense
incurred by the society in providing proper food, shelter and care to an animal it has taken
charge of under subsection (a) of this section and the expense incurred by an agency or person
in providing temporary care and custody to an animal under subsection (c) of this section shall
be paid by the owner or owners or person having responsibility for the care of the animal and
the society or such agency or person shall have a lien upon such animal for such expense.
CONN. GEN. STAT. § 53-253 (2009). Notice of arrest of offender to be given.
Any person making an arrest for a violation of the laws relating to cruelty to animals shall use
reasonable diligence to give notice thereof to the owner of animals found in the charge or
custody of the person arrested and shall properly care and provide for them until their owner
takes charge of them, provided the owner shall take charge of them within sixty days from the
date of such notice; and the person making such arrest shall have a lien on such animals for the
expense of such care and provision.
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22-366, 22-415, 53-247, 53-248, 53-249, 53-249a, 53-250, 53-251 or 53-252, and shall
section and other affirmations of fact accompanying the petition, or provided subsequent
thereto, that there is reasonable cause to find that the animal's condition or the circumstances
surrounding its care require that temporary care and custody be immediately assumed to
safeguard its welfare, the court shall either (1) issue an order to show cause why the court
should not vest in some suitable state, municipal or other public or private agency or person the
animal's temporary care and custody pending a hearing on the petition, or (2) issue an order
vesting in some suitable state, municipal or other public or private agency or person the
animal's temporary care and custody pending a hearing on the petition. A hearing on the order
issued by the court pursuant to subdivision (1) or (2) of this subsection shall be held not later
than fourteen days after the issuance of such order. The service of such order may be made by
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any officer authorized by law to serve process, state police officer or indifferent person and shall
be served not less than forty-eight hours prior to the date and time of such hearing. If the owner
or owners or person having responsibility for the care of the animal is not known, notice of the
time and place of the hearing shall be given by publication in a newspaper having a circulation
in the town in which such officer took physical custody of such animal not less than forty-eight
hours prior to the date and time of such hearing.
to the date and time of the hearing. If it appears from the allegations of the petition filed
pursuant to this subsection and other affirmations of fact accompanying the petition, or provided
in whom the animal's temporary care and custody was vested. The surety bond or cash bond shall
be in the amount of five hundred dollars and shall secure payment for the reasonable expenses of
the agency or person having temporary care and custody of the animal in caring and providing
for such animal until the court makes a finding as to the animal's disposition under subsection (g)
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of this section. The requirement that a bond be posted may be waived if such owner provides
satisfactory evidence that such owner is indigent and unable to pay for such bond.
(g)
of an order of temporary care and custody and the owner of the animal has posted a bond,
the agency or person with whom the bond was posted shall return such bond to such
owner.
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homes as pets.
section shall prevent the commissioner from obtaining or using funds from sources other than the
account for the housing, care and welfare of any animal seized by the department pursuant to this
section.
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When any person arrested under any provision of the laws relating to cruelty to animals is, at
the time of such arrest, in charge of any vehicle drawn by or containing any animal cruelly
treated, any agent or officer of the Connecticut Humane Society may take charge of such animal
and of such vehicle and its contents, and shall give notice thereof to the owner, if known, at his
last-known address by registered or certified mail, return receipt requested, and if the owner is
not known, by publication in a newspaper having a circulation in the town in which the society
took charge of such animal. The society shall care and provide for the animal and the vehicle
and its contents until their owner takes charge of them or, if the state claims such seized
property is a nuisance, until they are destroyed or disposed of in accordance with section 54-
33g. The society shall have a lien on any such animal and vehicle for the expenses of such care
and provision.
treated animals.
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(d)
(e) Unless the court finds that the animal is not neglected or cruelly treated, the expense incurred
by the society in providing proper food, shelter and care to an animal it has taken charge of
under subsection (a) of this section and the expense incurred by an agency or person in providing
temporary care and custody to an animal under subsection (c) of this section shall be paid by the
owner or owners or person having responsibility for the care of the animal and the society or
such agency or person shall have a lien upon such animal for such expense.
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22-366, 22-415, 53-247, 53-248, 53-249, 53-249a, 53-250, 53-251 or 53-252, and shall
section and other affirmations of fact accompanying the petition, or provided subsequent
thereto, that there is reasonable cause to find that the animal's condition or the circumstances
surrounding its care require that temporary care and custody be immediately assumed to
safeguard its welfare, the court shall either (1) issue an order to show cause why the court
should not vest in some suitable state, municipal or other public or private agency or person the
animal's temporary care and custody pending a hearing on the petition, or (2) issue an order
vesting in some suitable state, municipal or other public or private agency or person the
animal's temporary care and custody pending a hearing on the petition. A hearing on the order
issued by the court pursuant to subdivision (1) or (2) of this subsection shall be held not later
than fourteen days after the issuance of such order. The service of such order may be made by
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any officer authorized by law to serve process, state police officer or indifferent person and shall
be served not less than forty-eight hours prior to the date and time of such hearing. If the owner
or owners or person having responsibility for the care of the animal is not known, notice of the
time and place of the hearing shall be given by publication in a newspaper having a circulation
in the town in which such officer took physical custody of such animal not less than forty-eight
hours prior to the date and time of such hearing.
to the date and time of the hearing. If it appears from the allegations of the petition filed
pursuant to this subsection and other affirmations of fact accompanying the petition, or provided
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(g)
owner.
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homes as pets.
section.
treated animals.
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owner or owners or person having responsibility for the care of the animal to show cause at
such time as the court may designate why the court shall not vest in some suitable agency or
person the animal's temporary care and custody pending a hearing on the petition or (2) issue
an order vesting in some suitable agency or person the animal's temporary care and custody
pending a hearing on the petition which hearing shall be held within ten days from the issuance
of such order on the need for such temporary care and custody. The service of such orders may
be made by any officer authorized by law to serve process, state police officer or indifferent
person.
(d)
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CONN. GEN. STAT. § 22-329 (2009). Prevention of cruelty to dogs and other animals
The commissioner, the Chief Animal Control Officer, any animal control officer, any municipal
animal control officer or any law enforcement officer may interfere to prevent any act of cruelty
upon any dog or other animal, and any person who interferes with or obstructs or resists the
commissioner or any such officer in the discharge of such duty shall be fined not more than fifty
dollars or imprisoned not more than thirty days.
CONN. GEN. STAT. § 22-330 (2009). Authority of officers issuing summons
The commissioner, the Chief Animal Control Officer and any animal control officer in any part
of the state, any regional animal control officer in the territory to which he is assigned and any
municipal animal control officer in the municipality for which he has been appointed may arrest
any person and may issue a written complaint and summons in furtherance thereof for any
violation of any law relating to dogs or to any domestic animal in the same manner police
officers or constables may exercise in their respective jurisdictions.
CONN. GEN. STAT. § 29-108b (2009). Appointment of agents as special police officers.
The Commissioner of Public Safety may appoint, at the request of the Connecticut Humane
Society, accredited agents of that society as special police officers to serve for two years from
the date of their respective appointments, subject to removal by said commissioner. Such officers
shall serve without pay, except their regular compensation as agents of said society. They shall
receive no fees for service or return of any criminal process and shall have, throughout the state,
the powers of constables and police officers to arrest and detain any person violating any
provision of the statutes concerning cruelty to animals.
CONN. GEN. STAT. § 29-108c (2009). Prevention of cruelty to animals.
Any officer or agent of the Connecticut Humane Society may lawfully interfere to prevent the
perpetration of any act of cruelty upon any animal in his presence, and any person who
interferes with or obstructs or resists any such officer or agent in the discharge of his duty shall
be fined not more than fifty dollars or imprisoned not more than thirty days.
12. SEXUAL ASSAULT
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13. FIGHTING
of police animal.
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CONN. GEN. STAT. § 22-329 (2009). Prevention of cruelty to dogs and other animals
The commissioner, the Chief Animal Control Officer, any animal control officer, any municipal
animal control officer or any law enforcement officer may interfere to prevent any act of cruelty
upon any dog or other animal, and any person who interferes with or obstructs or resists the
commissioner or any such officer in the discharge of such duty shall be fined not more than fifty
dollars or imprisoned not more than thirty days.
22-366, 22-415, 53-247, 53-248, 53-249, 53-249a, 53-250, 53-251 or 53-252, and shall
section and other affirmations of fact accompanying the petition, or provided subsequent thereto,
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that there is reasonable cause to find that the animal's condition or the circumstances surrounding
its care require that temporary care and custody be immediately assumed to safeguard its
welfare, the court shall either (1) issue an order to show cause why the court should not vest in
some suitable state, municipal or other public or private agency or person the animal's temporary
care and custody pending a hearing on the petition, or (2) issue an order vesting in some suitable
state, municipal or other public or private agency or person the animal's temporary care and
custody pending a hearing on the petition. A hearing on the order issued by the court pursuant to
subdivision (1) or (2) of this subsection shall be held not later than fourteen days after the
issuance of such order. The service of such order may be made by any officer authorized by law
to serve process, state police officer or indifferent person and shall be served not less than forty-
eight hours prior to the date and time of such hearing. If the owner or owners or person having
shall be given by publication in a newspaper having a circulation in the town in which such
officer took physical custody of such animal not less than forty-eight hours prior to the date and
time of such hearing.
Hartford, plainly stating such facts of neglect or cruel treatment as to bring the animal within the
jurisdiction of the court and praying for appropriate action by the court to ensure the welfare of
the animal including, but not limited to, physical removal and temporary care and custody of the
animal, authorization of an animal control officer or a licensed veterinarian to provide care for
the animal on site, vesting of ownership of the animal, the posting of a bond in accordance with
subsection (f) of this section and the assessment of costs in accordance with subsection (h) of
this section. Upon the filing of such petition, the court shall cause a summons for an order to
show cause to be issued requiring the owner or owners or person having responsibility for the
care of the animal, if known, to appear in court at the time and place named. If the owner or
owners or person having responsibility for the care of the animal is not known, notice of the time
and place of the hearing shall be given by publication in a newspaper having a circulation in the
town where the animal is located not less than forty-eight hours prior to the date and time of the
hearing. If it appears from the allegations of the petition filed pursuant to this subsection and
other affirmations of fact accompanying the petition, or provided subsequent thereto, that there is
reasonable cause to find that the animal's condition or the circumstances surrounding its care
require the immediate removal of the animal from the owner or owners or person having
responsibility for the care of the animal to safeguard its welfare, the court shall issue an order
vesting in some suitable state, municipal or other public or private agency or person the animal's
temporary care and custody pending a hearing on the petition which hearing shall be held not
later than ten days after the issuance of such order for such temporary care and custody. The
service of such order may be made by any officer authorized by law to serve process, state police
officer or indifferent person and shall be served not less than forty-eight hours prior to the date
and time of such hearing.
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(g)
owner.
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homes as pets.
section.
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CONN. GEN. STAT. § 22-330 (2009). Authority of officers issuing summons
The commissioner, the Chief Animal Control Officer and any animal control officer in any part
of the state, any regional animal control officer in the territory to which he is assigned and any
municipal animal control officer in the municipality for which he has been appointed may arrest
any person and may issue a written complaint and summons in furtherance thereof for any
violation of any law relating to dogs or to any domestic animal in the same manner police
officers or constables may exercise in their respective jurisdictions.
CONN. GEN. STAT. ANN. § 22-351a (2009). Liability for intentionally killing or injuring
companion animal
(a) For the purposes of this section, “companion animal” means a domesticated dog or cat that is
normally kept in or near the household of its owner or keeper and is dependent on a person for
food, shelter and veterinary care, but does not include a dog or cat kept for farming or
biomedical research practices.
(b) Any person who intentionally kills or injures a companion animal, except in defense of such
person or another person or as otherwise authorized by law, shall be liable to the owner of such
companion animal for economic damages sustained by such owner including, but not limited to,
expenses of veterinary care, the fair monetary value of the companion animal and burial
expenses for the companion animal.
(c) In addition to any economic damages awarded pursuant to subsection (b) of this section, and
except as provided in subsection (d) of this section, the court may award punitive damages in an
amount not to exceed the jurisdictional monetary limit established by subsection (d) of section
51-15, together with a reasonable attorney's fee.
(d) The court shall not assess punitive damages and a reasonable attorney's fee pursuant to
subsection (c) of this section against: (1) A veterinarian licensed pursuant to chapter 384 while
following accepted standards of practice of the profession, (2) the state or any political
subdivision of the state or any employee, officer or agent thereof while acting within the scope
of such employee's, officer's or agent's employment or official duties, or (3) an employee of or
volunteer for a nonprofit organization or nonprofit corporation organized and operated
exclusively for the prevention of cruelty to animals or the protection of stray, abandoned or
mistreated animals while acting within the scope of such employee's or volunteer's employment
or duties.
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CONN. GEN. STAT. § 29-108a (2009). Definitions.
The terms "animals" and "animal", as used in this chapter and in sections 53-247, 53-252 and 53-
253, shall include all brute creatures and birds.
CONN. GEN. STAT. § 29-108b (2009). Appointment of agents as special police officers.
The Commissioner of Public Safety may appoint, at the request of the Connecticut Humane
Society, accredited agents of that society as special police officers to serve for two years from
the date of their respective appointments, subject to removal by said commissioner. Such officers
shall serve without pay, except their regular compensation as agents of said society. They shall
receive no fees for service or return of any criminal process and shall have, throughout the state,
the powers of constables and police officers to arrest and detain any person violating any
provision of the statutes concerning cruelty to animals.
CONN. GEN. STAT. § 29-108c (2009). Prevention of cruelty to animals.
Any officer or agent of the Connecticut Humane Society may lawfully interfere to prevent the
perpetration of any act of cruelty upon any animal in his presence, and any person who interferes
with or obstructs or resists any such officer or agent in the discharge of his duty shall be fined
not more than fifty dollars or imprisoned not more than thirty days.
When any person arrested under any provision of the laws relating to cruelty to animals is, at the
time of such arrest, in charge of any vehicle drawn by or containing any animal cruelly treated,
any agent or officer of the Connecticut Humane Society may take charge of such animal and of
such vehicle and its contents, and shall give notice thereof to the owner, if known, at his last-
known address by registered or certified mail, return receipt requested, and if the owner is not
known, by publication in a newspaper having a circulation in the town in which the society took
charge of such animal. The society shall care and provide for the animal and the vehicle and its
contents until their owner takes charge of them or, if the state claims such seized property is a
nuisance, until they are destroyed or disposed of in accordance with section 54-33g. The society
shall have a lien on any such animal and vehicle for the expenses of such care and provision.
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treated animals.
(d)
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CONN. GEN. STAT. ANN. § 46b-15 (2009). Relief from physical abuse by family or household
member or person in dating relationship. Application. Court orders. Duration. Copies.
Expedited hearing for violation of order. Other remedies
(a) Any family or household member as defined in section 46b-38a who has been subjected to a
continuous threat of present physical pain or physical injury by another family or household
member or person in, or has recently been in, a dating relationship who has been subjected to a
continuous threat of present physical pain or physical injury by the other person in such
relationship may make an application to the Superior Court for relief under this section.
(b) The application form shall allow the applicant, at the applicant's option, to indicate whether
the respondent holds a permit to carry a pistol or revolver or possesses one or more firearms. The
application shall be accompanied by an affidavit made under oath which includes a brief
statement of the conditions from which relief is sought. Upon receipt of the application the court
shall order that a hearing on the application be held not later than fourteen days from the date of
the order. The court, in its discretion, may make such orders as it deems appropriate for the
protection of the applicant and such dependent children or other persons as the court sees fit.
Such order may include temporary child custody or visitation rights and such relief may include
but is not limited to an order enjoining the respondent from
(1) imposing any restraint upon the person or liberty of the applicant;
(2) threatening, harassing, assaulting, molesting, sexually assaulting or attacking the

applicant; or
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(3) entering the family dwelling or the dwelling of the applicant. The court, in its
discretion, may make such orders as it deems appropriate for the protection of any animal
owned or kept by the applicant including, but not limited to, an order enjoining the
respondent from injuring or threatening to injure such animal. If an applicant alleges an
immediate and present physical danger to the applicant, the court may issue an ex parte
order granting such relief as it deems appropriate. If a postponement of a hearing on the
application is requested by either party and granted, the order shall not be continued
except upon agreement of the parties or by order of the court for good cause shown.
(c) Every order of the court made in accordance with this section shall contain the following
language: "This order may be extended by the court beyond six months. In accordance with
section 53a-107, entering or remaining in a building or any other premises in violation of this
order constitutes criminal trespass in the first degree. This is a criminal offense punishable by a
term of imprisonment of not more than one year, a fine of not more than two thousand dollars or
both."
(d) No order of the court shall exceed six months, except that an order may be extended by the
court upon motion of the applicant for such additional time as the court deems necessary. If the
respondent has not appeared upon the initial application, service of a motion to extend an order
may be made by first-class mail directed to the respondent at his or her last known address.
(e) The applicant shall cause notice of the hearing pursuant to subsection (b) of this section and a
copy of the application and the applicant's affidavit and of any ex parte order issued pursuant to
subsection (b) of this section to be served on the respondent not less than five days before the
hearing. The cost of such service shall be paid for by the judicial branch. Upon the granting of an
ex parte order, the clerk of the court shall provide two certified copies of the order to the
applicant. Upon the granting of an order after notice and hearing, the clerk of the court shall
provide two certified copies of the order to the applicant and a copy to the respondent. Every
order of the court made in accordance with this section after notice and hearing shall contain the
following language: "This court had jurisdiction over the parties and the subject matter when it
issued this protection order. Respondent was afforded both notice and opportunity to be heard in
the hearing that gave rise to this order. Pursuant to the Violence Against Women Act of 1994, 18
USC 2265, this order is valid and enforceable in all fifty states, any territory or possession of the
United States, the District of Columbia, the Commonwealth of Puerto Rico and tribal lands."
Immediately after making service on the respondent, the proper officer shall send or cause to be
sent, by facsimile or other means, a copy of the application, or the information contained in such
application, stating the date and time the respondent was served, to the law enforcement agency
or agencies for the town in which the applicant resides, the town in which the applicant is
employed and the town in which the respondent resides. The clerk of the court shall send, by
facsimile or other means, a copy of any ex parte order and of any order after notice and hearing,
or the information contained in any such order, to the law enforcement agency or agencies for
the town in which the applicant resides, the town in which the applicant is employed and the
town in which the respondent resides, within forty-eight hours of the issuance of such order.
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(f) A caretaker who is providing shelter in his or her residence to a person sixty years or older
shall not be enjoined from the full use and enjoyment of his or her home and property. The
Superior Court may make any other appropriate order under the provisions of this section.
(g) When a motion for contempt is filed for violation of a restraining order, there shall be an
expedited hearing. Such hearing shall be held within five court days of service of the motion on
the respondent, provided service on the respondent is made not less than twenty-four hours
before the hearing. If the court finds the respondent in contempt for violation of an order, the
court may impose such sanctions as the court deems appropriate.
(h) An action under this section shall not preclude the applicant from seeking any other civil or
criminal relief.
CONN. GEN. STAT. ANN. § 46b-38c (2009). Family violence response and intervention units.
Local units. Duties and functions. Protective orders. Pretrial family violence education
program
(a) There shall be family violence response and intervention units in the Connecticut judicial
system to respond to cases involving family violence. The units shall be coordinated and
governed by formal agreement between the chief state's attorney and the judicial department.
(b) The Court Support Services Division, in accordance with the agreement between the Chief
State's Attorney and the Judicial Department, shall establish within each geographical area of the
Superior Court a local family violence intervention unit to implement sections 46b-1, 46b-15,
46b-38a to 46b-38f, inclusive, and 54-1g. The Court Support Services Division shall oversee
direct operations of the local units.
(c) Each such local family violence intervention unit shall:
(1) Accept referrals of family violence cases from a judge or prosecutor,
(2) prepare written or oral reports on each case for the court by the next court date to be
presented at any time during the court session on that date,
(3) provide or arrange for services to victims and offenders,
(4) administer contracts to carry out such services, and
(5) establish centralized reporting procedures. All information provided to a family

relations officer in a local family violence intervention unit shall be solely for the
purposes of preparation of the report and the protective order forms for each case and
recommendation of services and shall otherwise be confidential and retained in the files
of such unit and not be subject to subpoena or other court process for use in any other
proceeding or for any other purpose, except that if the victim has indicated that the
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defendant holds a permit to carry a pistol or revolver or possesses one or more firearms,
the family relations officer shall disclose such information to the court and the
prosecuting authority for appropriate action.
(d) In all cases of family violence, a written or oral report and recommendation of the local
family violence intervention unit shall be available to a judge at the first court date appearance to
be presented at any time during the court session on that date. A judge of the Superior Court may
consider and impose the following conditions to protect the parties, including, but not limited to:
(1) Issuance of a protective order pursuant to subsection (e) of this section;
(2) prohibition against subjecting the victim to further violence;
(3) referral to a family violence education program for batterers; and
(4) immediate referral for more extensive case assessment. Such protective order shall be
an order of the court, and the clerk of the court shall cause
(A) a certified copy of such order to be sent to the victim, and
(B) a copy of such order, or the information contained in such order, to be sent by facsimile or
other means within forty-eight hours of its issuance to the law enforcement agency for the town
in which the victim resides and, if the defendant resides in a town different from the town in
which the victim resides, to the law enforcement agency for the town in which the defendant
resides. If the victim is employed in a town different from the town in which the victim resides,
the clerk of the court shall, upon the request of the victim, send, by facsimile or other means, a
copy of such order, or the information contained in such order, to the law enforcement agency
for the town in which the victim is employed within forty-eight hours of the issuance of such
order.
(e) A protective order issued under this section may include provisions necessary to protect the
victim from threats, harassment, injury or intimidation by the defendant, including, but not
limited to, an order enjoining the defendant from
(3) entering the family dwelling or the dwelling of the victim. A protective order issued
under this section may include provisions necessary to protect any animal owned or kept
by the victim including, but not limited to, an order enjoining the defendant from injuring
or threatening to injure such animal. Such order shall be made a condition of the bail or
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both. Violation of this order also violates a condition of your bail or release, and may
result in raising the amount of bail or revoking release. " Every order of the court made in
accordance with this section after notice and hearing shall also contain the following
language: "This court had jurisdiction over the parties and the subject matter when it
issued this protection order. Respondent was afforded both notice and opportunity to be
heard in the hearing that gave rise to this order. Pursuant to the Violence Against Women
Act of 1994, 18 USC 2265, this order is valid and enforceable in all fifty states, any
territory or possession of the United States, the District of Columbia, the Commonwealth
of Puerto Rico and tribal lands. " The information contained in and concerning the
issuance of any protective order issued under this section shall be entered in the registry
of protective orders pursuant to section 51-5c.
(f) In cases referred to the local family violence intervention unit, it shall be the function of the
unit to
(1) identify victim service needs and, by contract with victim service providers, make
available appropriate services and
(2) identify appropriate offender services and where possible, by contract, provide
treatment programs for offenders.
(g) There shall be a pretrial family violence education program for persons who are charged with
family violence crimes. The court may, in its discretion, invoke such program on motion of the
defendant when it finds:
(1) That the defendant has not previously been convicted of a family violence crime
which occurred on or after October 1, 1986;
(2) the defendant has not had a previous case assigned to the family violence education
program;
(3) the defendant has not previously invoked or accepted accelerated rehabilitation under
section 54-56e for a family violence crime which occurred on or after October 1, 1986;
and
(4) that the defendant is not charged with a class A, class B or class C felony, or an
unclassified felony carrying a term of imprisonment of more than ten years, or unless
good cause is shown, a class D felony or an unclassified offense carrying a term of
imprisonment of more than five years. Participation by any person in the accelerated
pretrial rehabilitation program under section 54-56e prior to October 1, 1986, shall not
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prohibit eligibility of such person for the pretrial family violence education program
under this section. The court may require that the defendant answer such questions under
oath, in open court or before any person designated by the clerk and duly authorized to
administer oaths, under the penalties of perjury as will assist the court in making these
findings. The court, on such motion, may refer the defendant to the family violence
intervention unit, and may continue his case pending the submission of the report of the
unit to the court. The court shall also give notice to the victim or victims that the
defendant has requested assignment to the family violence education program, and,
where possible, give the victim or victims opportunity to be heard. Any defendant who
accepts placement in the family violence education program shall agree to the tolling of
any statute of limitations with respect to the crime or crimes with which he is charged,
and to a waiver of his right to a speedy trial. Any such defendant shall appear in court
and shall be released to the custody of the family violence intervention unit for such
period, not exceeding two years, and under such conditions as the court shall order. If the
defendant refuses to accept, or, having accepted, violates such conditions, his case shall
be brought to trial. If the defendant satisfactorily completes the family violence education
program and complies with the conditions imposed for the period set by the court, he
may apply for dismissal of the charges against him and the court, on finding satisfactory
compliance, shall dismiss such charges. Upon dismissal all records of such charges shall
be erased pursuant to section 54-142a.
(h) A fee of two hundred dollars shall be paid to the court by any person who enters the family
violence education program, except that no person shall be excluded from such program for
inability to pay the fee, provided
(1) the person files with the court an affidavit of indigency or inability to pay and
(2) the court enters a finding thereof. All such fees shall be credited to the general fund.
(i) The Judicial Department shall establish an ongoing training program for judges, Court
Support Services Division personnel and clerks to inform them about the policies and procedures
of sections 46b-1, 46b-15, 46b-38a to 46b-38f, inclusive, and 54-1g, including, but not limited
to, the function of the family violence intervention units and the use of restraining and protective
orders.
of police animal.
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CONN. GEN. STAT. § 53-253 (2009). Notice of arrest of offender to be given.
Any person making an arrest for a violation of the laws relating to cruelty to animals shall use
reasonable diligence to give notice thereof to the owner of animals found in the charge or
custody of the person arrested and shall properly care and provide for them until their owner
takes charge of them, provided the owner shall take charge of them within sixty days from the
date of such notice; and the person making such arrest shall have a lien on such animals for the
expense of such care and provision.
CONN. GEN. STAT. § 53a-25 (2009). Felony: Definition, classification, designation
(a) An offense for which a person may be sentenced to a term of imprisonment in excess of one
year is a felony.
(b) Felonies are classified for the purposes of sentence as follows: (1) Class A, (2) class B, (3)
class C, (4) class D, (5) unclassified and (6) capital felonies.
(c) The particular classification of each felony defined in this chapter is expressly designated in
the section defining it. Any offense defined in any other section of the general statutes which, by
virtue of an expressly specified sentence, is within the definition set forth in subsection (a) shall
be deemed an unclassified felony.
CONN. GEN. STAT. § 53a-26 (2009). Misdemeanor: Definition, classification, designation
(a) An offense for which a person may be sentenced to a term of imprisonment of not more than
one year is a misdemeanor.
(b) Misdemeanors are classified for the purposes of sentence as follows: (1) Class A, (2) class B,
(3) class C and (4) unclassified.
(c) The particular classification of each misdemeanor defined in this chapter is expressly
designated in the section defining it. Any offense defined in any other section of the general
statutes which, by virtue of an expressly specified sentence, is within the definition set forth in
subsection (a) shall be deemed an unclassified misdemeanor.
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CONN. GEN. STAT. ANN. § 54-1k (2009). Issuance of protective orders in stalking and
harassment cases
Upon the arrest of a person for a violation of section 53a-181c, 53a-181d or 53a-181e, the court
may issue a protective order pursuant to this section. Upon the arrest of a person for a violation
of section 53a-182b or 53a-183, the court may issue a protective order pursuant to this section if
it finds that such violation caused the victim to reasonably fear for his or her physical safety.
Such order shall be an order of the court, and the clerk of the court shall cause a certified copy of
such order to be sent to the victim, and a copy of such order, or the information contained in
such order, to be sent by facsimile or other means within forty-eight hours of its issuance to the
appropriate law enforcement agency. A protective order issued under this section may include
provisions necessary to protect the victim from threats, harassment, injury or intimidation by the
defendant, including but not limited to, an order enjoining the defendant from
(3) entering the dwelling of the victim. A protective order issued under this section may
include provisions necessary to protect any animal owned or kept by the victim
including, but not limited to, an order enjoining the defendant from injuring or
threatening to injure such animal. Such order shall be made a condition of the bail or
both. Violation of this order also violates a condition of your bail or release and may
result in raising the amount of bail or revoking release. " The information contained in
and concerning the issuance of any protective order issued under this section shall be
entered in the registry of protective orders pursuant to section 51-5c.
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ANIMAL PROTECTION LAWS OF DELAWARE
ANIMAL PROTECTION LAWS OF DELAWARE
2. PENALTIES
3. EXEMPTIONS
12. SEXUAL ASSAULT
13. FIGHTING
This chapter contains Delaware’s general animal protection and related statutes enacted prior to November 2009. It
Delaware may employ similar provisions within other non-animal-specific criminal and civil statutes; may have other

USA Map
DELAWARE

DEL. CODE ANN. tit. 11, § 1325(b)
(2)
Cruelly or unnecessarily killing or injuring an
animal
DEL. CODE ANN. tit. 11, § 1325(b)(4)
Animals Covered in Definition A>Animal= does not include fish, crustacea, or

molluska@
DEL. CODE ANN. tit. 11, § 1325(a)(11)

Class A misdemeanor
(2)
Class F felony

1 year incarceration
and/or
$2,300 fine, restitution, or other conditions
DEL. CODE ANN. tit. 11, § 4206
(2)
and
fine determined by court
3. EXEMPTIONS *** 1, 2, 5, 9
3
DEL. CODE ANN. tit. 11, § 1325(f)
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DELAWARE continued
4. COUNSELING / EVALUATIONS H Psychological evaluation required for pardon

or commutation of sentence
5. PROTECTIVE ORDERS H -----
6. RESTITUTION / REIMBURSEMENT All fines, penalties and forfeitures, imposed

H
and collected for cruelty to animals offenses,
in cases instituted and conducted by the Kent
County Society for the Prevention of Cruelty
to Animals and The Delaware Society for the
Prevention of Cruelty to Animals, shall enure
to them in aid of the purposes for which they
were incorporated.
Upon a finding of probable cause that an

offense occurred, defendant shall be required
to pay costs of care for impounded animal or
lose ownership rights
DEL. CODE ANN. tit. 3, § 7905(c)
After a conviction, owner or custodian must

reimburse costs of care and any veterinary
fees in order to repossess animal when
repossession is allowed by court
DEL. CODE ANN. tit. 3, § 7905(d)
Court may order restitution for misdemeanors

7. SEIZURE / ON-SITE SUPERVISION Humane agents may impound cruelly

mistreated or neglected animals
DEL. CODE ANN. tit. 3, § 7905,
DEL. CODE ANN. tit. 11, § 1325(e)
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DELAWARE continued
8. FORFEITURE / POSSESSION H Defendant’s failure to pay costs of care for

seized animal within 30 days results in
transfer of ownership to state or appropriate
humane society.
DEL. CODE ANN. tit. 3, § 7905(c)
Court makes final decision on disposition of

animal upon conviction
Court shall prohibit owning or possessing any

animal (other than those involved in some
commercial operations) for five years for a
misdemeanor conviction
DEL. CODE ANN. tit. 11, § 1325(c),
and for 15 years for a felony conviction
DEL. CODE ANN. tit. 11, § 1325(d)
11. LAW ENFORCEMENT POLICIES Sheriffs, constables, and police shall assist in
the enforcement of cruelty statutes
Humane agents may be issued arrest warrants

12. SEXUAL ASSAULT Intentionally engaging in any sexual act

involving sexual contact, penetration or
intercourse with the genitalia of an animal or
intentionally causing another person to
engage in any such sexual act with an animal
for purposes of sexual gratification is a Class
D felony
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DELAWARE continued
13. FIGHTING Various animal fighting activities are Class F

felonies; being at premises where an animal
fighting exhibit is being prepared is a Class G
felony. Upon conviction, animals, equipment,
devices and proceeds are forfeited. Offender
is prohibited from owning any animal for
fifteen years.
Other Felony Provisions Affecting Animals I Maintaining a dangerous animal

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DEL. CODE ANN. tit. 11, § 1325 (2009). 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) "Cruel" includes every act or omission to act whereby unnecessary or unjustifiable
physical pain or suffering is caused or permitted.
(2) "Cruel mistreatment" includes any treatment whereby unnecessary or unjustifiable

(3) "Cruel neglect" includes neglect of an animal, which is under the care and control of
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.
(4) "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.
(5) "Person" includes any individual, partnership, corporation or association living

and/or doing business in the State.
(6) "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.
(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) "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.
(9) "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.
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(10) "Proper veterinary care" includes providing each animal with veterinary care
sufficient to prevent unnecessary or unjustifiable physical pain or suffering by the
animal.
(11) "Animal" shall not include fish, crustacea or molluska.
(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:
(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 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), in which case it is a class F felony.
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(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.
(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.
(f) This section shall not apply to the lawful hunting or trapping of animals as provided by law.
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2. PENALTIES
felony.

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

the animal.
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animal.

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Del. C. § 7904.
DEL. CODE ANN. tit. 11, § 4205 (2009). Sentence for felonies.
(a) A sentence of incarceration for a felony shall be a definite sentence.
(b) The term of incarceration which the court may impose for a felony is fixed as follows:
(1) For a class A felony not less than 15 years up to life imprisonment to be served at
Level V except for conviction of first-degree murder in which event § 4209 of this title
shall apply.
(2) For a class B felony not less than 2 years up to 25 years to be served at Level V.
(3) For a class C felony up to 15 years to be served at Level V.

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(4) For a class D felony up to 8 years to be served at Level V.
(5) For a class E felony up to 5 years to be served at Level V.
(6) For a class F felony up to 3 years to be served at Level V.
(7) For a class G felony up to 2 years to be served at Level V.
(c) In the case of the conviction of any felony, the court shall impose a sentence of Level V
incarceration where a minimum sentence is required by subsection (b) of this section and may
impose a sentence of Level V incarceration up to the maximum stated in subsection (b) of this
section for each class of felony.
(d) Where a minimum, mandatory, mandatory minimum or minimum mandatory sentence is

required by subsection (b) of this section, such sentence shall not be subject to suspension by the
court.
(e) Where no minimum sentence is required by subsection (b) of this section, or with regard to
any sentence in excess of the minimum required sentence, the court may suspend that part of the
sentence for probation or any other punishment set forth in § 4204 of this title.
(f) Any term of Level V incarceration imposed under this section must be served in its entirety at
Level V, reduced only for earned "good time" as set forth in § 4381 of this title.
(g) No term of Level V incarceration imposed under this section shall be served in other than a
full custodial Level V institutional setting unless such term is suspended by the court for such
other level sanction.
(h) The Department of Corrections, the remainder of this section notwithstanding, may house
Level V inmates at a Level IV work release center or halfway house during the last 180 days of
their sentence; provided, however, that the first 5 days of any sentence to Level V, not suspended
by the court, must be served at Level V.
(i) The Department of Corrections, the remainder of this section notwithstanding, may grant
Level V inmates 48-hour furloughs during the last 120 days of their sentence to assist in their
adjustment to the community.
(j) No sentence to Level V incarceration imposed pursuant to this section is subject to parole.
(k) In addition to the penalties set forth above, the court may impose such fines and penalties as
it deems appropriate.
(l) In all sentences for less than 1 year the Court may order that more than 5 days be served in
Level V custodial setting before the Department may place the offender in Level IV custody.
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DEL. CODE ANN. tit. 11, § 4206 (2009). Sentence for misdemeanors.
(a) The sentence for a class A misdemeanor may include up to 1 year incarceration at Level V
and such fine up to $2,300, restitution or other conditions as the court deems appropriate.
(b) The sentence for a class B misdemeanor may include up to 6 months incarceration at Level V
(c) The sentence for an unclassified misdemeanor shall be a definite sentence fixed by the court
in accordance with the sentence specified in the law defining the offense. If no sentence is
specified in such law, the sentence may include up to 30 days incarceration at Level V and such
fine up to $575, restitution or other conditions as the court deems appropriate. Notwithstanding
the foregoing, in any municipality with a population greater than 50,000 people, any offense
under the building, housing, health or sanitation code which is classified therein as a
misdemeanor, the sentence for any person convicted of such a misdemeanor offense shall
include the following fines and may include restitution or such other conditions as the court
deems appropriate:
(1) For the 1st conviction: no less than $250, nor more than $1,000;
(2) For the 2nd conviction for the same offense; no less than $500, nor more than $2,500;
and
(3) For all subsequent convictions for the same offense: no less than $1,000 nor more
than $5,000.
In any municipality with a population greater than 50,000 people, a conviction for a
misdemeanor offense, which is defined as a "continuing" or "ongoing" violation, shall be
considered a single conviction for the purposes of subdivisions (1)-(3) of this subsection. For all
convictions subsequent to the 2nd, the minimum fines required herein shall not be suspended,
but such amounts imposed over the minimum may be suspended or subject to such other
conditions as the court deems appropriate. The provisions of this subsection relating to
municipalities with a population greater than 50,000 people shall not apply to offenses or
convictions involving single family residences that are occupied by an owner of the property.
(d) The court may suspend any sentence imposed under this section for probation or any of the
other sanctions set forth in § 4204 of this title.
(e) Any term of Level V incarceration imposed under this section must be served in its entirety at
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(f) No term of Level V incarceration imposed under this section shall be served in other than a
(g) The Department of Corrections, the remainder of this section notwithstanding, may house
(h) The Department of Corrections, the remainder of this section notwithstanding, may grant
(i) Any sentence for issuing a worthless check pursuant to § 900 of this title shall require
restitution to the person to whom the check was given. For the purposes of this subsection,
restitution shall mean the amount for which the check was written plus a service fee of $30 for
processing a worthless check, or a fee of $50 if more than 1 check by same person was
processed.
(j) In all sentences for less than 1 year the court may order that more than 5 days be served in
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3. EXEMPTIONS
felony.


the animal.
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animal.

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Del. C. § 7904.
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DEL. CODE ANN. tit. 11, § 4362 (2009). Psychiatric examinations.
(a) When the Board of Pardons considers for recommendation to the Governor, for pardon or
commutation of sentence, any person who has been convicted of an act causing death (subpart B
of subchapter II of Chapter 5 of this title); sexual offenses (subpart D of subchapter II of Chapter
5 of this title); kidnapping and related offenses (subpart E of subchapter II of Chapter 5 of this
title); arson and related offenses (subpart A of subchapter III of Chapter 5 of this title); burglary
in the first degree; burglary in the second degree; robbery (subpart C of subchapter III of Chapter
5 of this title); offenses relating to children and incompetents (subchapter V of Chapter 5 of this
title); cruelty to animals; abusing a corpse; unlawful use of an incendiary device, bomb or other
explosive device; abuse of children (Chapter 9 of Title 16); and distribution of a controlled
substance to a person under age 18 (§ 4761 of Title 16); or for an attempt as provided by statute
to commit any of these crimes, there shall be furnished to each member of the Board of Pardons
and to the Governor, in case recommendation for a pardon or commutation of sentence be made,
a copy of the report of the psychiatrist and/or psychologist who have examined such person, as
provided in subsection (b) of this section.
(b) Prior to consideration by the Board of Pardons of any application for a pardon or a
commutation of sentence made by any person who has been incarcerated for any of the crimes
stated in subsection (a) of this section, such person shall be examined by a psychiatrist or by a
psychologist within a 12-month period immediately preceding consideration of such person's
case by the Board of Pardons. The Commissioner of the Department of Correction or the
Commissioner's designee may request the Director of the Delaware Psychiatric Center to cause
examination and studies to be made.
(c) Any psychiatrist or psychologist who, pursuant to subsection (b) of this section, examines any
applicant for a pardon or a commutation of sentence shall furnish to each member of the Board
of Pardons a report containing their respective findings, opinions as to the mental and emotional
health of the applicant, and opinions as to the probability of the applicant again committing any
crime if released. If the Board of Pardons recommends a pardon or a commutation of sentence,
a copy of any report submitted to the Board by any psychiatrist or psychologist shall be provided
to the Governor.
(d) If examination and clinical studies as provided in this section cannot be made at the
correctional institution, the prisoner may be transferred, under adequate security safeguards, to
the Delaware Psychiatric Center for such examination and studies.
-----
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DEL. CODE ANN. tit. 3, § 7903 (2009). Fines and penalties in certain cases; disposition.
All fines, penalties and forfeitures, imposed and collected in any county of the State under every
act relating to or affecting cruelty to animals, in every case where the prosecution shall be
instituted and conducted by the Kent County Society for the Prevention of Cruelty to Animals
and The Delaware Society for the Prevention of Cruelty to Animals, shall enure to such Society
in aid of the purposes for which they were incorporated.
DEL. CODE ANN. tit. 3, § 7905 (2009). Impoundment.
(a) Any agent in Sussex and New Castle Counties of this State, so appointed by the Delaware
Society for the Prevention of Cruelty to Animals, or in Kent County of this State, so appointed
by the Kent County Society for the Prevention of Cruelty to Animals, or any law enforcement
officer as defined in § 222 of Title 11, may, in instances of alleged acts of animal cruelty and as
provided for by the laws of Delaware relating to seizure of property, impound in the appropriate
S.P.C.A. shelter or, if required, in an appropriate veterinarian facility, any animal subjected to
cruel mistreatment or cruel neglect. Should the owner or custodian of an animal not be available
at or near the premises where the animal is located, upon taking an animal under this section the
agent shall leave in an appropriate place written notice to the animal's owner or custodian of
such action. Societies for the prevention of cruelty to animals shall take all reasonable action to
insure that owners or custodians of an animal, impounded under this section, shall have received
notice of such action as soon as possible and no later than 24 hours after the impoundment.
(b) An animal impounded under this section shall not remain in the custody of the appropriate
Society for the Prevention of Cruelty to Animals longer than 48 hours and shall be returned to its
owner or custodian unless a complaint is filed within the 48-hour period in the appropriate court
under the animal cruelty laws against the owner or custodian, except that upon good cause
shown a court may permit a reasonable extension of the 48-hour period not to exceed 30 days.
When a complaint is filed in the appropriate court, the impounded animal shall remain in the
custody of the appropriate Society for the Prevention of Cruelty to Animals pending the outcome
of the action. If the owner or custodian is found to be in violation of the animal cruelty laws the
court shall make a final determination as to the disposition of the animal. Should the complaint
be withdrawn, prior to a court hearing, the animal shall be immediately made available to its
owner or custodian.
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(c) Upon a determination that probable cause exists to believe that the animal cruelty or animal
fighting laws have been violated by the owner or custodian of any impounded animal, the State
and/or the appropriate Society for the Prevention of Cruelty to Animals shall have the right to
recover the costs of holding and caring for any animal impounded under this section from the
owner or custodian of the animal. Each month, the State or appropriate Society for the
Prevention of Cruelty to Animals shall submit a detailed billing to the owner or custodian of the
animal, listing the accrued monthly costs of boarding, veterinary and other costs incurred.
Notwithstanding any provision of this section or any other law to the contrary, failure of the
animal's owner or custodian to pay these costs within 30 days of the receipt of a detailed monthly
billing will result in ownership of the animal reverting to the State or to the appropriate Society
for the Prevention of Cruelty to Animals. The provisions of this paragraph shall be applicable
notwithstanding the final disposition of the criminal charges.
(d) An owner or custodian of an animal impounded under this section who is found guilty of
cruelty to the animal, and the court orders the animal returned to such owner or custodian,
shall, prior to taking the animal, reimburse the appropriate Society for the Prevention of Cruelty
to Animals its regular standard fees charged for the care of animals while in the Society's
custody plus any veterinary fees incurred for the animal during the period of impoundment.
Failure of the animal's owner or custodian to pay such fees within 5 days after a finding of guilty
will result in ownership of the animal reverting to the appropriate S.P.C.A.. The S.P.C.A. may
then dispose of the animal in accord with its procedures for such disposition.
(e) Should an animal which has been impounded under this section expire while in the custody
of the Society for the Prevention of Cruelty to Animals, the animal shall, as soon as possible, be
turned over to the State Veterinarian at the Department of Agriculture. The State Veterinarian
shall take whatever action necessary, including autopsy if required, to determine cause of the
animal's death and shall record such cause. The cause of death shall, if requested, be furnished to
the animal's owner and to the court handling the complaint relative to the animal. Disposition of
the animal's remains shall be coordinated with the animal's owner and, provided a complaint has
been filed, with the court handling the complaint.
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deems appropriate:
(2) For the 2nd conviction for the same offense; no less than $500, nor more than $2,500; and
(3) For all subsequent convictions for the same offense: no less than $1,000 nor more than
$5,000.
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processed.
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Society for the Prevention of Cruelty to Animals, or in Kent County of this State, so appointed by
the Kent County Society for the Prevention of Cruelty to Animals, or any law enforcement officer
as defined in § 222 of Title 11, may, in instances of alleged acts of animal cruelty and as
Society for the Prevention of Cruelty to Animals longer than 48 hours and shall be returned to
its owner or custodian unless a complaint is filed within the 48-hour period in the appropriate
court under the animal cruelty laws against the owner or custodian, except that upon good cause
owner or custodian.
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cruelty to the animal, and the court orders the animal returned to such owner or custodian, shall,
prior to taking the animal, reimburse the appropriate Society for the Prevention of Cruelty to
Animals its regular standard fees charged for the care of animals while in the Society's custody
plus any veterinary fees incurred for the animal during the period of impoundment. Failure of the
animal's owner or custodian to pay such fees within 5 days after a finding of guilty will result in
ownership of the animal reverting to the appropriate S.P.C.A.. The S.P.C.A. may then dispose of
the animal in accord with its procedures for such disposition.
(e) Should an animal which has been impounded under this section expire while in the custody of
the Society for the Prevention of Cruelty to Animals, the animal shall, as soon as possible, be
animal's death and shall record such cause. The cause of death shall, if requested, be furnished
to the animal's owner and to the court handling the complaint relative to the animal. Disposition
of the animal's remains shall be coordinated with the animal's owner and, provided a complaint
has been filed, with the court handling the complaint.
felony.

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the animal.
animal.
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Del. C. § 7904.
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owner or custodian.
animal's owner or custodian to pay these costs within 30 days of the receipt of a detailed
monthly billing will result in ownership of the animal reverting to the State or to the appropriate
Society for the Prevention of Cruelty to Animals. The provisions of this paragraph shall be
applicable notwithstanding the final disposition of the criminal charges.
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plus any veterinary fees incurred for the animal during the period of impoundment. Failure of
the animal's owner or custodian to pay such fees within 5 days after a finding of guilty will result
in ownership of the animal reverting to the appropriate S.P.C.A.. The S.P.C.A. may then dispose
of the animal in accord with its procedures for such disposition.
felony.

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the animal.
animal.
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Del. C. § 7904.
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-----
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DEL. CODE ANN. tit. 3, § 7902 (2009). Enforcement of laws for protection of animals
The sheriffs and constables of the several counties of this State, and the police force of the City
of Wilmington, as well as all other places in the State where police organizations exist, shall, as
occasion requires, assist the Kent County Society for the Prevention of Cruelty to Animals or
The Delaware Society for the Prevention of Cruelty to Animals, their members or agents, in the
enforcement of all laws which are enacted for the protection of dumb animals.
DEL. CODE ANN. tit. 3, § 7904 (2009). Service of process.
Any warrant of arrest, or other process, issued under or by virtue of the several laws in relation
to cruelty to animals, may be directed to and executed by any agent in Sussex and New Castle
Counties of this State, so appointed by The Delaware Society for the Prevention of Cruelty to
Animals or in Kent County of this State so appointed by the Kent County Society for the
Prevention of Cruelty to Animals. No compensation shall be paid to the agent except by the
Society.
12. SEXUAL ASSAULT
DEL. CODE ANN. tit. 11, § 777 (2009). 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.
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13. FIGHTING
DEL. CODE ANN. tit. 11, § 1326 (2009). Animals; fighting and baiting prohibited; class F
felony.
(a) A person who owns, possesses, keeps, trains or uses any bull, bear, dog, cock or other
animal, or fowl, for the purpose of fighting or baiting; or a person who is party to or who causes
any such fighting or baiting of any bear, dog, cock or other animal, or fowl; or a person who
shall rent or otherwise obtain the use of a building, shed, room, yard, ground or premises for the
purpose of fighting or baiting any animal or fowl, or shall knowingly suffer or permit the use of
any building, shed, room, yard, ground or premises belonging to the person or under the
person's control, for any of the purposes described in this section, shall be guilty of a class F
felony.
(b) A person who is present at a building, shed, room, yard, ground or premises where
preparations are being made for any exhibition prohibited by this section, knowing that such
exhibition is taking place or about to take place is guilty of a class G felony.
(c) All animals, equipment, devices and money involved in a violation of this section shall be
forfeited to the State. Animals so forfeited shall be disposed of in a humane manner.
(d) No prosecution for any offense under this section shall be commenced after 5 years from the
commission of such offense.
(e) 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.
(f) A person who gambles on the outcome of an exhibition prohibited by this Section is guilty of a
class F felony.
(g) No fine issued as a result of violation of this Section shall be suspended.
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DEL. CODE ANN. tit. 3, § 7902 (2009). Enforcement of laws for protection of animals
The sheriffs and constables of the several counties of this State, and the police force of the City
of Wilmington, as well as all other places in the State where police organizations exist, shall, as
occasion requires, assist the Kent County Society for the Prevention of Cruelty to Animals or
The Delaware Society for the Prevention of Cruelty to Animals, their members or agents, in the
enforcement of all laws which are enacted for the protection of dumb animals.
DEL. CODE ANN. tit. 3, § 7903 (2009). Fines and penalties in certain cases; disposition.
All fines, penalties and forfeitures, imposed and collected in any county of the State under every
act relating to or affecting cruelty to animals, in every case where the prosecution shall be
instituted and conducted by the Kent County Society for the Prevention of Cruelty to Animals
and The Delaware Society for the Prevention of Cruelty to Animals, shall enure to such Society
in aid of the purposes for which they were incorporated.
DEL. CODE ANN. tit. 3, § 7904 (2009). Service of process.
Any warrant of arrest, or other process, issued under or by virtue of the several laws in relation
to cruelty to animals, may be directed to and executed by any agent in Sussex and New Castle
Counties of this State, so appointed by The Delaware Society for the Prevention of Cruelty to
Animals or in Kent County of this State so appointed by the Kent County Society for the
Prevention of Cruelty to Animals. No compensation shall be paid to the agent except by the
Society.
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owner or custodian.
plus any veterinary fees incurred for the animal during the period of impoundment. Failure of the
animal's owner or custodian to pay such fees within 5 days after a finding of guilty will result in
ownership of the animal reverting to the appropriate S.P.C.A.. The S.P.C.A. may then dispose of
the animal in accord with its procedures for such disposition.
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DEL. CODE ANN. tit. 11, § 777 (2009). 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.
felony.


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the animal.
animal.
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Del. C. § 7904.
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DEL. CODE ANN. tit. 11, § 1326 (2009). Animals; fighting and baiting prohibited; class F
felony.
(a) A person who owns, possesses, keeps, trains or uses any bull, bear, dog, cock or other animal,
or fowl, for the purpose of fighting or baiting; or a person who is party to or who causes any
such fighting or baiting of any bear, dog, cock or other animal, or fowl; or a person who shall
rent or otherwise obtain the use of a building, shed, room, yard, ground or premises for the
purpose of fighting or baiting any animal or fowl, or shall knowingly suffer or permit the use of
any building, shed, room, yard, ground or premises belonging to the person or under the person's
control, for any of the purposes described in this section, shall be guilty of a class F felony.
(b) A person who is present at a building, shed, room, yard, ground or premises where
preparations are being made for any exhibition prohibited by this section, knowing that such
exhibition is taking place or about to take place is guilty of a class G felony.
(c) All animals, equipment, devices and money involved in a violation of this section shall be
forfeited to the State. Animals so forfeited shall be disposed of in a humane manner.
(d) No prosecution for any offense under this section shall be commenced after 5 years from the
commission of such offense.
(e) 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.
(f) A person who gambles on the outcome of an exhibition prohibited by this Section is guilty of
a class F felony.
(g) No fine issued as a result of violation of this Section shall be suspended.
DEL. CODE ANN. tit. 11, § 4205 (2009). Sentence for felonies.
(a) A sentence of incarceration for a felony shall be a definite sentence.
(b) The term of incarceration which the court may impose for a felony is fixed as follows:
(1) For a class A felony not less than 15 years up to life imprisonment to be served at
Level V except for conviction of first-degree murder in which event § 4209 of this title
shall apply.
(2) For a class B felony not less than 2 years up to 25 years to be served at Level V.
(3) For a class C felony up to 15 years to be served at Level V.
(4) For a class D felony up to 8 years to be served at Level V.

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(5) For a class E felony up to 5 years to be served at Level V.
(6) For a class F felony up to 3 years to be served at Level V.
(7) For a class G felony up to 2 years to be served at Level V.
(c) In the case of the conviction of any felony, the court shall impose a sentence of Level V
incarceration where a minimum sentence is required by subsection (b) of this section and may
impose a sentence of Level V incarceration up to the maximum stated in subsection (b) of this
section for each class of felony.
(d) Where a minimum, mandatory, mandatory minimum or minimum mandatory sentence is

required by subsection (b) of this section, such sentence shall not be subject to suspension by the
court.
(e) Where no minimum sentence is required by subsection (b) of this section, or with regard to
any sentence in excess of the minimum required sentence, the court may suspend that part of the
sentence for probation or any other punishment set forth in § 4204 of this title.
(f) Any term of Level V incarceration imposed under this section must be served in its entirety at
(g) No term of Level V incarceration imposed under this section shall be served in other than a
(h) The Department of Corrections, the remainder of this section notwithstanding, may house
(i) The Department of Corrections, the remainder of this section notwithstanding, may grant
(j) No sentence to Level V incarceration imposed pursuant to this section is subject to parole.
(k) In addition to the penalties set forth above, the court may impose such fines and penalties as
it deems appropriate.
(l) In all sentences for less than 1 year the Court may order that more than 5 days be served in
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deems appropriate:
(2) For the 2nd conviction for the same offense; no less than $500, nor more than $2,500;
and
(3) For all subsequent convictions for the same offense: no less than $1,000 nor more
than $5,000.
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processed.
DEL. CODE ANN. tit. 11, § 4362 (2009). Psychiatric examinations.
(a) When the Board of Pardons considers for recommendation to the Governor, for pardon or
commutation of sentence, any person who has been convicted of an act causing death (subpart B
of subchapter II of Chapter 5 of this title); sexual offenses (subpart D of subchapter II of Chapter
5 of this title); kidnapping and related offenses (subpart E of subchapter II of Chapter 5 of this
title); arson and related offenses (subpart A of subchapter III of Chapter 5 of this title); burglary
in the first degree; burglary in the second degree; robbery (subpart C of subchapter III of Chapter
5 of this title); offenses relating to children and incompetents (subchapter V of Chapter 5 of this
title); cruelty to animals; abusing a corpse; unlawful use of an incendiary device, bomb or other
explosive device; abuse of children (Chapter 9 of Title 16); and distribution of a controlled
substance to a person under age 18 (§ 4761 of Title 16); or for an attempt as provided by statute
to commit any of these crimes, there shall be furnished to each member of the Board of Pardons
and to the Governor, in case recommendation for a pardon or commutation of sentence be made,
a copy of the report of the psychiatrist and/or psychologist who have examined such person, as
provided in subsection (b) of this section.
(b) Prior to consideration by the Board of Pardons of any application for a pardon or a
commutation of sentence made by any person who has been incarcerated for any of the crimes
stated in subsection (a) of this section, such person shall be examined by a psychiatrist or by a
psychologist within a 12-month period immediately preceding consideration of such person's
case by the Board of Pardons. The Commissioner of the Department of Correction or the
Commissioner's designee may request the Director of the Delaware Psychiatric Center to cause
examination and studies to be made.
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(c) Any psychiatrist or psychologist who, pursuant to subsection (b) of this section, examines
any applicant for a pardon or a commutation of sentence shall furnish to each member of the
Board of Pardons a report containing their respective findings, opinions as to the mental and
emotional health of the applicant, and opinions as to the probability of the applicant again
committing any crime if released. If the Board of Pardons recommends a pardon or a
commutation of sentence, a copy of any report submitted to the Board by any psychiatrist or
psychologist shall be provided to the Governor.
(d) If examination and clinical studies as provided in this section cannot be made at the
correctional institution, the prisoner may be transferred, under adequate security safeguards, to
the Delaware Psychiatric Center for such examination and studies.
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ANIMAL PROTECTION LAWS OF THE DISTRICT OF COLUMBIA
ANIMAL PROTECTION LAWS OF THE DISTRICT OF COLUMBIA
2. PENALTIES
3. EXEMPTIONS
12. SEXUAL ASSAULT
13. FIGHTING
This chapter contains the District of Columbia’s general animal protection and related statutes enacted prior to
November 2009. It begins with a detailed overview of the provisions contained in these laws, followed by the full text of
the statutes themselves. The various provisions are organized into categories. Within the first thirteen of these categories,
the relevant part of each statute is italicized. Category 14 provides a non-italicized version of each of the previously
The District of Columbia may employ similar provisions within other non-animal-specific criminal and civil statutes;
may have other more specific statutes in addition to those included; and may have a variety of animal-related regulations
in effect. Because the law is continually evolving, always review an official source for the most current language of any
statute.

USA Map
DISTRICT OF COLUMBIA

D.C. CODE ANN. § 22-1001(a)
(2)
D.C. CODE ANN. § 22-1001(d)
(3), (4), (5), (6)

Other animal abuse, cruelly transporting,
neglect, abandonment
D.C. CODE ANN. §§ 22-1002, 22-1007, 22-
1011, 22-1012
Animals Covered in Definition A[A]ll living and sentient creatures (human

beings excepted)@
D.C. CODE ANN. § 22-1013
Classification of Crimes Defined in statute
2. MAXIMUM PENALTIES ** (1), (3), (4), (5), (6)

and/or
$250
D.C. CODE ANN. § 22-1001(a)
(2)
and/or
$25,000
D.C. CODE ANN. § 22-1001(d)
3. EXEMPTIONS *** 2
D.C. CODE ANN. § 22-1012(b)
9
D.C. CODE ANN. § 22-1001(d)
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DISTRICT OF COLUMBIA continued
4. COUNSELING / EVALUATIONS H The court may order an adult or youth

offender to obtain psychological counseling,
psychiatric or psychological evaluation, or to
participate in an animal cruelty prevention or
education program, and may impose the costs
of the program or counseling on the offender
D.C. CODE ANN. §§ 22-1001(a)(2)(A), (a)(3)
6. RESTITUTION / REIMBURSEMENT Court may order offender to repay the

H
reasonable costs of care incurred prior to
judgment by any agency caring for the animal
or animals subjected to cruelty
D.C. CODE ANN. § 22-1001(a)(2)(C)
Reimbursement for costs of care is a lien

D.C. CODE ANN. §§ 22-1004, 22-1008, 22-
1012
Certain fines collected to go to humane

society
D.C. CODE ANN. §§ 22-1006, 44-1506
7. SEIZURE / ON-SITE SUPERVISION A humane officer of the Washington Humane

Society may take possession of any animal to
protect it from neglect or cruelty
D.C. CODE ANN. § 22-1004(b)
Person making arrest shall care and provide

for mistreated animals
D.C. CODE ANN. § 22-1004(a)
Search warrants shall be issued to humane

society members or law enforcers for
reasonable cause
D.C. CODE ANN. § 22-1005
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7. SEIZURE / ON-SITE SUPERVISION Humane officers may enter pounds and care
continued and provide for impounded animals
D.C. CODE ANN. § 22-1008
Humane officers may seize any animals in the

charge of a person who is arrested
D.C. CODE ANN. § 22-1012
8. FORFEITURE / POSSESSION H Court may order the forfeiture of animal

victim(s) upon conviction and may order
offender not to own or possess an animal for
a specified period of time
D.C. CODE ANN. §§ 22-1001(a)(2)(B),(D)
If the owner or custodian of an animal

impounded to protect it from neglect or
cruelty fails to respond to notice of impound
after 20 days, the animal shall become the
property of the Washington Humane Society
D.C. CODE ANN. § 22-1004(b)
Humane society may euthanize injured,

abandoned animals
D.C. CODE ANN. § 22-1012
9. CROSS ENFORCEMENT / REPORTING Humane officers must report suspected child

abuse or neglect and any adults in need of
protective services due to abuse or neglect
D.C. CODE ANN. § 4-1321.02
D.C. CODE ANN. § 7-1903(a)
Any law enforcement or child or protective

services employee shall report suspected
animal cruelty, abandonment, or neglect, and
the observation of an animal at the home of a
person reasonably suspected of child, adult,
or animal abuse. No civil or criminal liability
for reports made in good faith
D.C. CODE ANN. § 22-1002.01
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9. CROSS ENFORCEMENT / REPORTING Humane society agents may act to protect

continued children
D.C. CODE ANN. §§ 44-1508, 44-1509
11. LAW ENFORCEMENT POLICIES It shall be the duty of all marshals, deputy
marshals, police officers, or any humane
officer of the Washington Humane Society, to
prosecute all animal protection violations
which come to their notice or knowledge
D.C. CODE ANN. § 22-1006
Police shall arrest law violators at request of

humane society members who have witnessed
animal abuse
D.C. CODE ANN. § 44-1505
Mayor may appoint police officials to enforce

cruelty laws
D.C. CODE ANN. § 44-1510
13. FIGHTING Any person who keeps or uses, or is in any

way connected with or interested in the
management of, or shall receive money for
the admission of any person to, any place
kept for animal fighting or baiting, may be
arrested and punished for animal cruelty
D.C. CODE ANN. § 22-1009
Various animal fighting activities, including

spectatorship are felonies
D.C. CODE ANN. § 22-1015
Urging or causing dogs to fight is punishable

by a penalty of up to $1000
D.C. CODE ANN. § 22-1310
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Other Felony Provisions Affecting Animals I -----
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D.C. CODE ANN. § 22-1001 (2009). Definition and penalty.
(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 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;
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(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 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 (2009). Other cruelties to animals.
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. § 22-1007 (2009). Impounded animals to be supplied with food and water.
Any person who shall impound, or cause to be impounded in any pound, any creature, shall
supply the same, during such confinement, with a sufficient quantity of good and wholesome food
and water; and in default thereof shall, upon conviction, be punished for every such offense in
the same manner provided in § 22-1001.
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D.C. CODE ANN. § 22-1011 (2009). Neglect of sick or disabled animals.
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. § 22-1012 (2009). Abandonment of maimed or diseased animal;

destruction of diseased animals; disposition of animal or vehicle on arrest of driver;
scientific experiments.
(a) 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 lie in the street or road, or
public place, more than 3 hours after he or she receives notice that it is left disabled, is guilty of
a misdemeanor punishable by a fine of not less than $10 nor more than $250, or by
imprisonment in jail not more than 180 days, or both. Any agent or officer of the Washington
Humane Society may lawfully destroy, or cause to be destroyed, any animal found abandoned
and not properly cared for, appearing, in the judgment of 2 reputable citizens called by such
officer to view the same in such officer's presence, to be glandered, injured, or diseased past
recovery for any useful purpose. When any person arrested is, at the time of such arrest, in
charge of any animal, or of any vehicle drawn by any animal, or containing any animal, any
agent of said society may take charge of such animal and such vehicle and its contents and
deposit the same in a place of safe custody or deliver the same into the possession of the police
authorities, who shall assume the custody thereof; and all necessary expenses incurred in taking
charge of such property shall be a lien thereon.
(b) Nothing contained in §§ 22-1001 to 22-1009, inclusive, and §§ 22- 1011 and 22-1309 shall
be construed to prohibit or interfere with any properly conducted scientific experiments or
investigations, which experiments shall be performed only under the authority of the faculty of
some regularly incorporated medical college, university, or scientific society.
D.C. CODE ANN. § 22-1013 (2009). Definitions.
In §§ 22-1001 to 22-1009, inclusive, and § 22-1011, the word "animals" or "animal" shall be
held to include all living and sentient creatures (human beings excepted), and the words
"owner," "persons," and "whoever" shall be held to include corporations and incorporated
companies as well as individuals.
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2. PENALTIES
(a)

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.

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(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;
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.
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
supply the same, during such confinement, with a sufficient quantity of good and wholesome
food and water; and in default thereof shall, upon conviction, be punished for every such offense
in the same manner provided in § 22-1001.
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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.

public place, more than 3 hours after he or she receives notice that it is left disabled, is guilty of a
misdemeanor punishable by a fine of not less than $10 nor more than $250, or by imprisonment
in jail not more than 180 days, or both. Any agent or officer of the Washington Humane Society
may lawfully destroy, or cause to be destroyed, any animal found abandoned and not properly
cared for, appearing, in the judgment of 2 reputable citizens called by such officer to view the
same in such officer's presence, to be glandered, injured, or diseased past recovery for any useful
purpose. When any person arrested is, at the time of such arrest, in charge of any animal, or of
any vehicle drawn by any animal, or containing any animal, any agent of said society may take
charge of such animal and such vehicle and its contents and deposit the same in a place of safe
custody or deliver the same into the possession of the police authorities, who shall assume the
custody thereof; and all necessary expenses incurred in taking charge of such property shall be a
lien thereon.
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3. EXEMPTIONS
(a)


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medical conditions.

lien thereon.
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(a)


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medical conditions.
-----
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(a)


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medical conditions.
D.C. CODE ANN. § 22-1004 (2009). Arrests without warrant authorized; notice to owner.
(a) Any person found violating the laws in relation to cruelty to animals may be arrested and
held without a warrant, in the manner provided by § 44-1505 and the person making an arrest,
with or without a warrant, shall use reasonable diligence to give notice thereof to the owner of
animals found in the charge or custody of the person arrested, and shall properly care and
provide for such animals until the owner thereof shall take charge of the same; provided, the
owner shall take charge of the same within 20 days from the date of said notice. The person
making the arrest or the humane officer taking possession of an animal shall have a lien on said
animals for the expense of such care and provisions.
(b)
(1) A humane officer of the Washington Humane Society may take possession of any
animal to protect it from neglect or cruelty. The person taking possession of the animal or
animals, shall use reasonable diligence to give notice thereof to the owner of animals
found in the charge or custody of the person arrested, and shall properly care and provide
for the animals until the owner shall take charge of the animals; provided that, the owner
shall take charge of the animals within 20 days from the date of the notice.
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(2) If the owner or custodian of the animal or animals fails to respond after 20 days, the
animal or animals shall become the property of the Washington Humane Society and the
Washington Humane Society shall have the authority to:
(A) Place the animal or animals up for adoption in a suitable home;
(B) Retain the animal or animals, or
(C) Humanely destroy the animal or animals.
(c)
(1) The Mayor shall establish by rulemaking a notice and hearing process for the owner
of the animal to contest the seizure, detention, and terms of release and treatment of the
animal, the allegation of cruelty, abandonment, or neglect, and the imposition of the lien
and costs assessed for caring and providing for the animal.
(2) Within 30 days of December 5, 2008, the proposed rules shall be submitted to the
Council for a 45-day period of review, excluding weekends, legal holidays, and days of
Council recess. If the Council does not approve or disapprove of the proposed rules, by
resolution, within the 45-day review period, the rules shall be deemed approved.
D.C. CODE ANN. § 22-1006 (2009). Prosecution of offenders; disposition of fines.
It shall be the duty of all marshals, deputy marshals, police officers, or any humane officer of the
Washington Humane Society, to prosecute all violations of the provisions of §§ 22-1001 to 22-
1009 and §§ 22-1011, 22-1013, and 22-1014 [repealed], which shall come to their notice or
knowledge, and fines and forfeitures collected upon or resulting from the complaint or
information of any humane officer of the Washington Humane Society under §§ 22-1001 to 22-
1009 and §§ 22-1011, 22-1013, and 22-1014 [repealed] shall inure and be paid over to said
association, in aid of the benevolent objects for which it was incorporated.
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D.C. CODE ANN. § 22-1008 (2009). Relief of impounded animals.
In case any creature shall be at any time impounded as aforesaid, and shall continue to be
without necessary food and water for more than 12 successive hours, it shall be lawful for any
officer of the Washington Humane Society, from time to time, and as often as it shall be
necessary, to enter into and upon any pound in which such creature shall be so confined, and
supply it with necessary food and water so long as it shall remain so confined; such person shall
not be liable to any action for such entry, and the reasonable cost for such food and water may
be collected of the owner of such creature, and the said creature shall not be exempt from levy
and sale upon execution issued upon a judgment thereof.

custody thereof; and all necessary expenses incurred in taking charge of such property shall be
a lien thereon.
D.C. CODE ANN. § 44-1506 (2009). Disposition of fines.
One half of all the fines collected through the instrumentality of the Society or its agents, for
violations of such laws shall accrue to the benefit of said Society.
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(b)
animal to protect it from neglect or cruelty. The person taking possession of the animal
or animals, shall use reasonable diligence to give notice thereof to the owner of animals
(c)
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D.C. CODE ANN. § 22-1005 (2009). Issuance of search warrants.
When complaint is made by any humane officer of the Washington Humane Society on oath or
affirmation, to any magistrate authorized to issue warrants in criminal cases, that the
complainant believes, and has reasonable cause to believe, that the laws in relation to cruelty to
animals have been or are being violated in any particular building or place, such magistrate, if
satisfied that there is reasonable cause for such belief, shall issue a search warrant, authorizing
any marshal, deputy marshal, police officer, or any humane officer of the Washington Humane
Society to search such building or place.
not be liable to any action for such entry, and the reasonable cost for such food and water may be
collected of the owner of such creature, and the said creature shall not be exempt from levy and
sale upon execution issued upon a judgment thereof.

lien thereon.
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(a)


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medical conditions.
(b)
animal to protect it from neglect or cruelty. The person taking possession of the animal
or animals, shall use reasonable diligence to give notice thereof to the owner of animals
found in the charge or custody of the person arrested, and shall properly care and
provide for the animals until the owner shall take charge of the animals; provided that,
the owner shall take charge of the animals within 20 days from the date of the notice.
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(c)

same in such officer's presence, to be glandered, injured, or diseased past recovery for any
useful purpose. When any person arrested is, at the time of such arrest, in charge of any animal,
or of any vehicle drawn by any animal, or containing any animal, any agent of said society may
take charge of such animal and such vehicle and its contents and deposit the same in a place of
safe custody or deliver the same into the possession of the police authorities, who shall assume
the custody thereof; and all necessary expenses incurred in taking charge of such property shall
be a lien thereon.
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D.C. CODE ANN. § 4-1321.02 (2009). Persons required to make reports; procedure
(a) Notwithstanding § 14-307, any person specified in subsection (b) of this section who knows
or has reasonable cause to suspect that a child known to him or her in his or her professional or
official capacity has been or is in immediate danger of being a mentally or physically abused or
neglected child, as defined in § 16-2301(9), shall immediately report or have a report made of
such knowledge or suspicion to either the Metropolitan Police Department of the District of
Columbia or the Child and Family Services Agency.
(b) Persons required to report such abuse or neglect shall include Child and Family Services
Agency employees, agents, and contractors, and every physician, psychologist, medical
examiner, dentist, chiropractor, registered nurse, licensed practical nurse, person involved in the
care and treatment of patients, law-enforcement officer, humane officer of any agency charged
with the enforcement of animal cruelty laws, school official, teacher, athletic coach, Department
of Parks and Recreation employee, public housing resident manager, social service worker, day
care worker, and domestic violence counselor as defined in § 14-310(a)(2), and mental health
professional as defined in § 7-1201.01(11). Such persons are not required to report when
employed by a lawyer who is providing representation in a criminal, civil, including family law,
or delinquency matter and the basis for the suspicion arises solely in the course of that
representation. Whenever a person is required to report in his or her capacity as a member of the
staff of a hospital, school, social agency or similar institution, he or she shall immediately notify
the person in charge of the institution or his or her designated agent who shall then be required to
make the report. The fact that such a notification has been made does not relieve the person who
was originally required to report from his or her duty under subsection (a) of this section of
having a report made promptly to the Metropolitan Police Department of the District of
(c) In addition to those persons who are required to make a report, any other person may make a
report to the Metropolitan Police Department of the District of Columbia or the Child and
Family Services Agency.
(d) In addition to the requirements in subsections (a) and (b) of this section, any health
professional licensed pursuant to Chapter 12 of Title 3, or a law-enforcement officer, [or]
humane officer of any agency charged with the enforcement of animal cruelty laws, except an
undercover officer whose identity or investigation might be jeopardized, shall report
immediately, in writing, to the Child and Family Services Agency, that the law-enforcement
officer or health professional has reasonable cause to believe that a child is abused as a result of
inadequate care, control, or subsistence in the home environment due to exposure to drug-related
activity. The report shall be in accordance with the provisions of § 4-1321.03.
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(e) Notwithstanding § 14-307, any person specified in subsection (b) of this section who knows
official capacity has been, or is in immediate danger of being, the victim of "sexual abuse" or
"attempted sexual abuse" prohibited by § 22-3001 et seq.; or that the child was assisted,
supported, caused, encouraged, commanded, enabled, induced, facilitated, or permitted to
become a prostitute, as that term is defined in § 22-2701.01(3); or that the child has an injury
caused by a bullet; or that the child has an injury caused by a knife or other sharp object which
has been caused by other than accidental means, shall immediately report or have a report made
of such knowledge, information, or suspicion to the Metropolitan Police Department or the Child
and Family Services Agency.
D.C. CODE ANN. § 7-1903 (2009). Reporting requirements
(a)
(1) Except as provided in subsection (b) of this section, whenever a conservator, court-
appointed mental retardation advocate, guardian, health-care administrator, licensed
health professional, police officer, humane officer of any agency charged with the
enforcement of animal cruelty laws, bank manager, financial manager, or social worker
has as a result of his or her appointment, employment, or practice substantial cause to
believe that an adult is in need of protective services because of abuse, neglect, or
exploitation by another, he or she shall immediately report this belief in accordance with
subsection (c) of this section.
(2) Any person may voluntarily report an alleged case of abuse, neglect, self-neglect, or
exploitation when he or she has reason to believe that an adult is in need of protective
services. Voluntary reporting shall also be effected in accordance with subsection (c) of
this section.
(b) The duty to report established by subsection (a)(1) of this section shall not apply to a social
worker or licensed health professional who has as a client or patient, or is employed by a lawyer
representing, a third person who is allegedly responsible for the abuse or neglect.
(c) A report made pursuant to this section may be either oral or written and shall be transmitted
to the division within the Department designated by the Mayor to receive these reports. Each
report shall include, if known: The name, age, physical description, and location of the adult
alleged to be in need of protective services; the name and location of the person(s) allegedly
responsible for the abuse, neglect, or exploitation; the nature and extent of the abuse, neglect,
self-neglect, or exploitation; the basis of the reporter's knowledge; and any other information the
reporter believes might be helpful to an investigation. A reporter may be required to identify
himself or herself only when obliged to report under subsection (a)(1) of this section.
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(d)
(1) The Department shall maintain a record of all reports received and be capable of
receiving reports 24 hours a day, 7 days a week (including holidays). Except as provided
in paragraph (4) of this subsection, the Department may release reports and investigative
information acquired pursuant to this chapter only:
(A) To another public or private agency, or to the court-appointed representative

of an adult in need of protective services, only to the minimal extent required to
conduct an investigation, provide services under this chapter, or petition the court
for appointment of a guardian of the person or conservatorship of the estate of the
person (or a limited guardianship or conservatorship) under Chapter 20 of Title
21;
(B) To the Attorney General for the District of Columbia or United States
Attorney if requested for an investigation, prosecution, or civil or administrative
enforcement action;
(B-1) To the Metropolitan Police Department; or
(C) If directed by court order.
(2) A recipient of a report or investigative information released pursuant to paragraph (1)

of this subsection shall be subject to the same restrictions on disclosure applicable to the
Department under that paragraph.
(3) Any person possessing a report or investigative information acquired pursuant to this
chapter shall take reasonable steps to prevent the disclosure of information that might
reveal the reporter's identity to the person(s) allegedly responsible for the abuse, neglect,
or exploitation.
(4) The Department may release statistics and other data acquired pursuant to this chapter
for research, reporting, or educational purposes provided all identifying references to
individuals are deleted.
(d-1) The Department may provide outreach and training on the requirements of this section to
members of the public and to appropriate governmental personnel, including law enforcement
officers, social services personnel, judicial officers, guardians and conservators for incapacitated
adults, and others as may be determined by the Mayor.
(e) The Mayor shall widely publicize the phone number and mailing address of the division
within the Department designated to receive reports under this section, and may conduct
educational programs for those persons required to report under subsection (a)(1) of this section.
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D.C. CODE ANN. § 22-1002.01 (2009). 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.
(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.
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D.C. CODE ANN. § 44-1508 (2009). Authority to prevent cruelty to children.
The Washington Humane Society is authorized to extend its operations to the protection of
children as well as animals from cruelty and abuse. In pursuance thereof the said Society may
cause its proper officers or agents to prefer complaints, before any court in the District of
Columbia having jurisdiction, for the violation of any law relating to or affecting the protection
of children in said District, and by its proper attorney may aid in bringing the facts before such
court in any proceeding taken.
D.C. CODE ANN. § 44-1509 (2009). Enforcement of laws by Mayor--Protection of children.
The Mayor of the District of Columbia shall, by the police force of said District, aid the said
Society, its officers and agents, in the enforcement of all laws relating to or affecting the
protection of children; and the Mayor of the said District, and his successors, are authorized, in
their discretion, to detail, from time to time, an officer or officers to aid specially in the work of
said Society, or they may commission any duly appointed agents of said Society special police
officers, without compensation; and such agents or officers shall have power to arrest, without
warrant, all persons violating in their presence or sight any law relating to or affecting the
protection of children, or other parties so offending by virtue of a warrant issued by the Family
Division of the Superior Court, which offenders shall be taken by such agents or officers before
the said Family Division of the Superior Court for trial. Said agents or officers are also hereby
empowered to bring before the said Court any child who is subjected to cruel treatment, willful
abuse, or neglect, or any child under 17 years of age found in a house of ill fame; and said Court
may commit such child to an orphan asylum or other public charitable institution in the District
of Columbia, with the consent of the constituted authorities of such asylum or institution, or
make such other disposition thereof as provided by law in cases of vagrant, destitute, or
abandoned children.
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D.C. CODE ANN. § 44-1505 (2009). Police to arrest law violators at request of member;
evidence of membership.
Members of the Metropolitan Police force of the District of Columbia, upon application of a
member of the Washington Humane Society who has viewed a violation of a law or regulation of
the District for the prevention of cruelty to animals, shall arrest the offending party without a
warrant, and take him before the Superior Court of the District of Columbia for trial. Proper
evidence of membership to a police officer shall be the exhibition of a badge or certificate of
membership in the Society.
D.C. CODE ANN. § 44-1510 (2009). Enforcement of laws by Mayor--Cruelty to animals.
The Mayor of the District of Columbia is authorized, in his discretion, to detail from time to time
1 or more members of the Metropolitan Police force to aid the Washington Humane Society in
the enforcement of laws relating to cruelty to animals as well as of the laws relating to cruelty to
children.
12. SEXUAL ASSAULT
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13. FIGHTING
D.C. CODE ANN. § 22-1009 (2009). Keeping or using place for fighting or baiting of fowls or
animals; arrest without warrant.
Any person or persons 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 of fowls or animals, may be arrested without a
warrant, as provided in § 44-1505, and for every such offense be punished in the same manner
provided in § 22-1001.
D.C. CODE ANN. § 22-1015 (2009). Penalty for engaging in animal fighting.
(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:
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(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.
D.C. CODE ANN. § 22-1310 (2009). Urging dogs to fight or create disorder.
It shall not be lawful for any person or persons to entice, induce, urge, or cause any dogs to
engage in a fight in any street, alley, road, or highway, open space, or public square in the
District of Columbia, or to urge, entice, or cause such dogs to continue or prolong such fight,
under a penalty of not more than $1,000 for each and every offense; and any person or persons
who shall induce or cause any animal of the dog kind to run after, bark at, frighten, or bite any
person, horse, or horses, cows, cattle of any kind, or other animals lawfully passing along or
standing in or on any street, avenue, road, or highway, or alley in the District of Columbia, shall
forfeit and pay for such offense a sum not exceeding $1,000.
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D.C. CODE ANN. § 4-1321.02 (2009). Persons required to make reports; procedure
(a) Notwithstanding § 14-307, any person specified in subsection (b) of this section who knows
official capacity has been or is in immediate danger of being a mentally or physically abused or
neglected child, as defined in § 16-2301(9), shall immediately report or have a report made of
such knowledge or suspicion to either the Metropolitan Police Department of the District of
(b) Persons required to report such abuse or neglect shall include Child and Family Services
Agency employees, agents, and contractors, and every physician, psychologist, medical
examiner, dentist, chiropractor, registered nurse, licensed practical nurse, person involved in the
care and treatment of patients, law-enforcement officer, humane officer of any agency charged
with the enforcement of animal cruelty laws, school official, teacher, athletic coach, Department
of Parks and Recreation employee, public housing resident manager, social service worker, day
care worker, and domestic violence counselor as defined in § 14-310(a)(2), and mental health
professional as defined in § 7-1201.01(11). Such persons are not required to report when
employed by a lawyer who is providing representation in a criminal, civil, including family law,
or delinquency matter and the basis for the suspicion arises solely in the course of that
representation. Whenever a person is required to report in his or her capacity as a member of the
staff of a hospital, school, social agency or similar institution, he or she shall immediately notify
the person in charge of the institution or his or her designated agent who shall then be required to
make the report. The fact that such a notification has been made does not relieve the person who
was originally required to report from his or her duty under subsection (a) of this section of
having a report made promptly to the Metropolitan Police Department of the District of
(c) In addition to those persons who are required to make a report, any other person may make a
report to the Metropolitan Police Department of the District of Columbia or the Child and
Family Services Agency.
(d) In addition to the requirements in subsections (a) and (b) of this section, any health
professional licensed pursuant to Chapter 12 of Title 3, or a law-enforcement officer, [or]
humane officer of any agency charged with the enforcement of animal cruelty laws, except an
undercover officer whose identity or investigation might be jeopardized, shall report
immediately, in writing, to the Child and Family Services Agency, that the law-enforcement
officer or health professional has reasonable cause to believe that a child is abused as a result of
inadequate care, control, or subsistence in the home environment due to exposure to drug-related
activity. The report shall be in accordance with the provisions of § 4-1321.03.
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(e) Notwithstanding § 14-307, any person specified in subsection (b) of this section who knows
official capacity has been, or is in immediate danger of being, the victim of "sexual abuse" or
"attempted sexual abuse" prohibited by § 22-3001 et seq.; or that the child was assisted,
supported, caused, encouraged, commanded, enabled, induced, facilitated, or permitted to
become a prostitute, as that term is defined in § 22-2701.01(3); or that the child has an injury
caused by a bullet; or that the child has an injury caused by a knife or other sharp object which
has been caused by other than accidental means, shall immediately report or have a report made
of such knowledge, information, or suspicion to the Metropolitan Police Department or the Child
and Family Services Agency.
D.C. CODE ANN. § 7-1903 (2009). Reporting requirements
(a)
(1) Except as provided in subsection (b) of this section, whenever a conservator, court-
appointed mental retardation advocate, guardian, health-care administrator, licensed
health professional, police officer, humane officer of any agency charged with the
enforcement of animal cruelty laws, bank manager, financial manager, or social worker
has as a result of his or her appointment, employment, or practice substantial cause to
believe that an adult is in need of protective services because of abuse, neglect, or
exploitation by another, he or she shall immediately report this belief in accordance with
subsection (c) of this section.
(2) Any person may voluntarily report an alleged case of abuse, neglect, self-neglect, or
exploitation when he or she has reason to believe that an adult is in need of protective
services. Voluntary reporting shall also be effected in accordance with subsection (c) of
this section.
(b) The duty to report established by subsection (a)(1) of this section shall not apply to a social
worker or licensed health professional who has as a client or patient, or is employed by a lawyer
representing, a third person who is allegedly responsible for the abuse or neglect.
(c) A report made pursuant to this section may be either oral or written and shall be transmitted
to the division within the Department designated by the Mayor to receive these reports. Each
report shall include, if known: The name, age, physical description, and location of the adult
alleged to be in need of protective services; the name and location of the person(s) allegedly
responsible for the abuse, neglect, or exploitation; the nature and extent of the abuse, neglect,
self-neglect, or exploitation; the basis of the reporter's knowledge; and any other information the
reporter believes might be helpful to an investigation. A reporter may be required to identify
himself or herself only when obliged to report under subsection (a)(1) of this section.
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(d)
(1) The Department shall maintain a record of all reports received and be capable of
receiving reports 24 hours a day, 7 days a week (including holidays). Except as provided
in paragraph (4) of this subsection, the Department may release reports and investigative
information acquired pursuant to this chapter only:
(A) To another public or private agency, or to the court-appointed representative

of an adult in need of protective services, only to the minimal extent required to
conduct an investigation, provide services under this chapter, or petition the court
for appointment of a guardian of the person or conservatorship of the estate of the
person (or a limited guardianship or conservatorship) under Chapter 20 of Title
21;
(B) To the Attorney General for the District of Columbia or United States
Attorney if requested for an investigation, prosecution, or civil or administrative
enforcement action;
(B-1) To the Metropolitan Police Department; or
(C) If directed by court order.
(2) A recipient of a report or investigative information released pursuant to paragraph (1)

of this subsection shall be subject to the same restrictions on disclosure applicable to the
Department under that paragraph.
(3) Any person possessing a report or investigative information acquired pursuant to this
chapter shall take reasonable steps to prevent the disclosure of information that might
reveal the reporter's identity to the person(s) allegedly responsible for the abuse, neglect,
or exploitation.
(4) The Department may release statistics and other data acquired pursuant to this chapter
for research, reporting, or educational purposes provided all identifying references to
individuals are deleted.
(d-1) The Department may provide outreach and training on the requirements of this section to
members of the public and to appropriate governmental personnel, including law enforcement
officers, social services personnel, judicial officers, guardians and conservators for incapacitated
adults, and others as may be determined by the Mayor.
(e) The Mayor shall widely publicize the phone number and mailing address of the division
within the Department designated to receive reports under this section, and may conduct
educational programs for those persons required to report under subsection (a)(1) of this section.
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(a)


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medical conditions.
D.C. CODE ANN. § 22-1002.01 (2009). 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:

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(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.
(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.
(b)
animal to protect it from neglect or cruelty. The person taking possession of the animal or
animals, shall use reasonable diligence to give notice thereof to the owner of animals
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(c)
D.C. CODE ANN. § 22-1005 (2009). Issuance of search warrants.
When complaint is made by any humane officer of the Washington Humane Society on oath or
affirmation, to any magistrate authorized to issue warrants in criminal cases, that the
complainant believes, and has reasonable cause to believe, that the laws in relation to cruelty to
animals have been or are being violated in any particular building or place, such magistrate, if
satisfied that there is reasonable cause for such belief, shall issue a search warrant, authorizing
any marshal, deputy marshal, police officer, or any humane officer of the Washington Humane
Society to search such building or place.
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supply the same, during such confinement, with a sufficient quantity of good and wholesome
food and water; and in default thereof shall, upon conviction, be punished for every such offense
in the same manner provided in § 22-1001.
not be liable to any action for such entry, and the reasonable cost for such food and water may be
collected of the owner of such creature, and the said creature shall not be exempt from levy and
sale upon execution issued upon a judgment thereof.
D.C. CODE ANN. § 22-1009 (2009). Keeping or using place for fighting or baiting of fowls or
animals; arrest without warrant.
Any person or persons 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 of fowls or animals, may be arrested without a
warrant, as provided in § 44-1505, and for every such offense be punished in the same manner
provided in § 22-1001.
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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.

lien thereon.
D.C. CODE ANN. § 22-1013 (2009). Definitions.
In §§ 22-1001 to 22-1009, inclusive, and § 22-1011, the word "animals" or "animal" shall be
held to include all living and sentient creatures (human beings excepted), and the words "owner,"
"persons," and "whoever" shall be held to include corporations and incorporated companies as
well as individuals.
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D.C. CODE ANN. § 22-1015 (2009). Penalty for engaging in animal fighting.
(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.
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D.C. CODE ANN. § 22-1310 (2009). Urging dogs to fight or create disorder.
It shall not be lawful for any person or persons to entice, induce, urge, or cause any dogs to
engage in a fight in any street, alley, road, or highway, open space, or public square in the
District of Columbia, or to urge, entice, or cause such dogs to continue or prolong such fight,
under a penalty of not more than $1,000 for each and every offense; and any person or persons
who shall induce or cause any animal of the dog kind to run after, bark at, frighten, or bite any
person, horse, or horses, cows, cattle of any kind, or other animals lawfully passing along or
standing in or on any street, avenue, road, or highway, or alley in the District of Columbia, shall
forfeit and pay for such offense a sum not exceeding $1,000.
D.C. CODE ANN. § 44-1505 (2009). Police to arrest law violators at request of member;
evidence of membership.
Members of the Metropolitan Police force of the District of Columbia, upon application of a
member of the Washington Humane Society who has viewed a violation of a law or regulation of
the District for the prevention of cruelty to animals, shall arrest the offending party without a
warrant, and take him before the Superior Court of the District of Columbia for trial. Proper
evidence of membership to a police officer shall be the exhibition of a badge or certificate of
membership in the Society.
D.C. CODE ANN. § 44-1506 (2009). Disposition of fines.
One half of all the fines collected through the instrumentality of the Society or its agents, for
violations of such laws shall accrue to the benefit of said Society.
D.C. CODE ANN. § 44-1508 (2009). Authority to prevent cruelty to children.
The Washington Humane Society is authorized to extend its operations to the protection of
children as well as animals from cruelty and abuse. In pursuance thereof the said Society may
cause its proper officers or agents to prefer complaints, before any court in the District of
Columbia having jurisdiction, for the violation of any law relating to or affecting the protection
of children in said District, and by its proper attorney may aid in bringing the facts before such
court in any proceeding taken.
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D.C. CODE ANN. § 44-1509 (2009). Enforcement of laws by Mayor--Protection of children.
The Mayor of the District of Columbia shall, by the police force of said District, aid the said
Society, its officers and agents, in the enforcement of all laws relating to or affecting the
protection of children; and the Mayor of the said District, and his successors, are authorized, in
their discretion, to detail, from time to time, an officer or officers to aid specially in the work of
said Society, or they may commission any duly appointed agents of said Society special police
officers, without compensation; and such agents or officers shall have power to arrest, without
warrant, all persons violating in their presence or sight any law relating to or affecting the
protection of children, or other parties so offending by virtue of a warrant issued by the Family
Division of the Superior Court, which offenders shall be taken by such agents or officers before
the said Family Division of the Superior Court for trial. Said agents or officers are also hereby
empowered to bring before the said Court any child who is subjected to cruel treatment, willful
abuse, or neglect, or any child under 17 years of age found in a house of ill fame; and said Court
may commit such child to an orphan asylum or other public charitable institution in the District
of Columbia, with the consent of the constituted authorities of such asylum or institution, or
make such other disposition thereof as provided by law in cases of vagrant, destitute, or
abandoned children.
D.C. CODE ANN. § 44-1510 (2009). Enforcement of laws by Mayor--Cruelty to animals.
The Mayor of the District of Columbia is authorized, in his discretion, to detail from time to time
1 or more members of the Metropolitan Police force to aid the Washington Humane Society in
the enforcement of laws relating to cruelty to animals as well as of the laws relating to cruelty to
children.
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ANIMAL PROTECTION LAWS OF FLORIDA
ANIMAL PROTECTION LAWS OF FLORIDA
2. PENALTIES
3. EXEMPTIONS
12. SEXUAL ASSAULT
13. FIGHTING
This chapter contains Florida’s general animal protection and related statutes enacted prior to November 2009. It
Florida may employ similar provisions within other non-animal-specific criminal and civil statutes; may have other more

USA Map
FLORIDA

Leaving poison on property not owned by
such person
FLA. STAT. ANN. § 828.08
(2)
Cruelty to animals
(3)
Confinement/abandonment of animals
Animals Covered in Definition A[E]very living dumb creature@


1st degree misdemeanor
(2)
[General cruelty]:
[Cruelty resulting in death or excessive

suffering]:
3rd degree felony
----------
(3)
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FLORIDA continued

1 year imprisonment
and/or
$5,000 fine
(2)
[General cruelty]:
1 year imprisonment
and/or
$5,000 fine
FLA. STAT. ANN. § 828.12(1)
[Cruelty resulting in death or excessive

suffering]:
and/or
$10,000 fine
FLA. STAT. ANN. § 828.12(2)
----------
(3)
1 year imprisonment
and/or
$5,000 fine
3. EXEMPTIONS *** 1
FLA. STAT. ANN. § 828.12(3)
2
4
FL-4
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FLORIDA continued
4. COUNSELING / EVALUATIONS H Anyone convicted of a felony animal cruelty

offense which includes the knowing and
intentional torture or torment of an animal
that injures, mutilates, or kills the animal
shall be ordered to undergo psychological
counseling or complete an anger management
treatment program
FLA. STAT. ANN. § 828.12(2)(a)
6. RESTITUTION / REIMBURSEMENT Court may require reimbursement for

H
expenses while animal in care of officer
FLA. STAT. ANN. § 828.073(4)(c)(3)
If animal is sold, proceeds go toward costs of

care
FLA. STAT. ANN. § 828.073(7)
7. SEIZURE / ON-SITE SUPERVISION Law enforcement officers and appointed

humane agents may seize neglected or cruelly
treated animals
Law enforcement officers and appointed

humane agents may order owner to provide
certain care without removing neglected or
cruelly treated animals from present location
FLA. STAT. ANN. § 828.073(2)(b)
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FLORIDA continued
8. FORFEITURE / POSSESSION H Court may, after finding owner is unable or

unfit to adequately provide for animals, order
other animals seized and enjoin owner from
further possession or custody of other animals
FLA. STAT. ANN. § 828.073(4)(c)
Court has final determination over disposition

of the animal
FLA. STAT. ANN. §§ 828.073 (3),(4),(5),(6)
9. CROSS ENFORCEMENT / REPORTING Approved agencies for cruelty prevention

regarding animals or children may investigate
crimes against animals or children
10. VETERINARIAN REPORTING / IMMUNITY Veterinarians are immune from lawsuits for
investigations of cruelty
FLA. STAT. ANN. § 828.12(3)
11. LAW ENFORCEMENT POLICIES Appointed agents may investigate violations

Sheriffs or peace officers may arrest without

a warrant
13. FIGHTING Engaging in a simulated or bloodless

bullfighting exhibition is a misdemeanor
Various animal fighting activities (including

being a spectator at a fight) are 3rd degree
felonies
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FLORIDA continued
Other Felony Provisions Affecting Animals I Killing or maiming registered horses and
cattle is a 2nd degree felony
Tripping horses is a 3rd degree felony

FLA. STAT. ANN. § 828.12(4)
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FLA. STAT. ANN. § 828.02 (2009). Definitions.
In this chapter, and in every law of the state relating to or in any way affecting animals, the
word Aanimal@ shall be held to include every living dumb creature; the words Atorture,@
Atorment,@ and Acruelty@ 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 Aowner@ and Aperson@ 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 (2009). 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 (2009). 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.
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(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
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. § 828.13 (2009). 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.
(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,
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(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.
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2. PENALTIES
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

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.
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used:
beings;
unknown; or

(2) Whoever:
(b) Keeps any animals in any enclosure without wholesome exercise and change of air, or
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.
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3. EXEMPTIONS
In this chapter, and in every law of the state relating to or in any way affecting animals, the word
Aanimal@ shall be held to include every living dumb creature; the words Atorture,@ Atorment,@ and
Acruelty@ 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
Aowner@ and Aperson@ 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.

Such a veterinarian is, therefore, under this subsection, immune from a lawsuit for his or her
part in an investigation of cruelty to animals.
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used:
beings;
unknown; or
FLA. STAT. ANN. § 828.125 (2009). Killing or aggravated abuse of registered breed horses or
cattle; offenses; penalties.
Any other provisions of this chapter to the contrary notwithstanding:
(1) Any person who willfully and unlawfully, by any means whatsoever, kills, maims, mutilates,
or causes great bodily harm or permanent breeding disability to any animal of any registered
breed of the genus Equus (horse) or genus Bos (cattle), or any recognized registered hybrid of
the specified genera, shall be guilty of a felony of the second degree, punishable as provided by
s. 775.082, s. 775.083, or s. 775.084.
(2) Any person who individually attempts or solicits, or jointly agrees, conspires, combines, or
confederates with another person to commit, any act prohibited by subsection (1) and does an act
in furtherance of said attempt, solicitation, or conspiracy shall be guilty of a felony of the second
degree and is punishable as if the person or persons had actually committed such prohibited act
as enumerated in subsection (1), notwithstanding any provisions found in s. 777.04. Nothing in
this subsection shall be construed to prohibit separate convictions and sentences for a violation
of this subsection and any violation of subsection (1).
(3) Any person who verbally or in writing threatens to commit any act prohibited by subsection
(1) and has the apparent ability to carry out such threat and places the owner or custodian of said
animal in fear that such an act as described in subsection (1) is about to take place shall be guilty
of a felony of the third degree, punishable as provided by s. 775.082, s. 775.083 or s. 775.084.
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(4) In addition to any other fines or penalties authorized by law, a person found guilty of
violating any provision of subsection (1), subsection (2), or subsection (3) may be ordered by the
court to make restitution to the aggrieved party in an amount not to exceed twice the gross fair
market value of the said Equus or Bos killed or abused in an aggravated manner, or up to twice
the gross loss caused, whichever is greater, plus attorney's fees and any and all related costs.
Upon notice the court shall hold a hearing to determine the amount of fines, restitution, or costs
to be imposed under this section, if not agreed upon by the parties.
(5) This section shall not be construed to abridge, impede, prohibit, or otherwise interfere in any
way with the application, implementation, or conduct of recognized livestock husbandry
practices or techniques by or at the direction of the owner of the livestock so husbanded ; nor
shall any person be held culpable for any act prohibited by this chapter which results from
weather conditions or other acts of God, providing that the person is in compliance with
recognized livestock husbandry practices.
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used:
beings;
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unknown; or
-----
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FLA. STAT. ANN. § 828.073 (2009). Animals found in distress; when agent may take charge;
hearing; disposition; sale.
(1) The purpose of this section is to provide a means by which a neglected or mistreated animal
can be:
(a) Removed from its present custody, or
(b) Made the subject of an order to provide care, issued to its owner by the county court,
any law enforcement officer, or any agent of the county or of any society or association
for the prevention of cruelty to animals appointed under s. 828.03, and given protection
and an appropriate and humane disposition made.
(2) Any law enforcement officer or any agent of any county or of any society or association for
the prevention of cruelty to animals appointed under the provisions of s. 828.03 may:
(a) Lawfully take custody of any animal found neglected or cruelly treated by removing
the animal from its present location, or
(b) Order the owner of any animal found neglected or cruelly treated to provide certain
care to the animal at the owner's expense without removal of the animal from its present
location, and shall forthwith petition the county court judge of the county wherein the
animal is found for a hearing, to be set within 30 days after the date of seizure of the
animal or issuance of the order to provide care and held not more than 15 days after the
setting of such date, to determine whether the owner, if known, is able to provide
adequately for the animal and is fit to have custody of the animal. The hearing shall be
concluded and the court order entered thereon within 60 days after the date the hearing is
commenced. No fee shall be charged for the filing of the petition. Nothing herein is
intended to require court action for the taking into custody and making proper disposition
of stray or abandoned animals as lawfully performed by animal control agents.
(3) The officer or agent of any county or of any society or association for the prevention of
cruelty to animals taking charge of any animal pursuant to the provisions of this section shall
have written notice served, at least 5 days prior to the hearing set forth in subsection (2), upon
the owner of the animal, if he or she is known and is residing in the county where the animal was
taken, in conformance with the provisions of chapter 48 relating to service of process. The
sheriff of the county shall not charge a fee for service of such notice. If the owner of the animal
is known but is residing outside of the county wherein the animal was taken, notice of the
hearing shall be by publication in conformance with the provisions of chapter 49.
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(4) (a) The officer or agent of any county or of any society or association for the prevention
of cruelty to animals taking charge of an animal as provided for in this section shall
provide for the animal until either:
1. The owner is adjudged by the court to be able to provide adequately for, and
have custody of, the animal, in which case the animal shall be returned to the
owner upon payment by the owner for the care and provision for the animal while
in the agent's or officer's custody; or
2. The animal is turned over to the officer or agent as provided in paragraph (c)
and a humane disposition of the animal is made.
(b) If the court determines that the owner is able to provide adequately for, and have
custody of, the animal, the order shall provide that the animal in the possession of the
officer or agent be claimed and removed by the owner within 7 days after the date of the
order.
(c) Upon the court's judgment that the owner of the animal is unable or unfit to
adequately provide for the animal:
1. The court shall order the animal to be sold by the sheriff at public auction, and
shall provide in its order that the current owner shall have no further custody of
the animal and that any animal not bid upon shall be remanded to the custody of
the Society for the Prevention of Cruelty to Animals, the Humane Society, the
county, or any agency or person the judge deems appropriate, to be disposed of as
the agency or person sees fit; or
2. The court may order the animal destroyed or remanded directly to the custody
of the Society for the Prevention of Cruelty to Animals, the Humane Society, the
the agency or person sees fit, upon the testimony of the agent who took custody of
the animal, or upon the testimony of other qualified witnesses, that the animal
requires destruction or other disposition for humanitarian reasons or is of no
commercial value.
3. Upon proof of costs incurred by the agent or officer, the court may require that
the owner pay for the care of the animal while in the custody of the agent or
officer. A separate hearing may be held.
4. The court may order that other animals that are in the custody of the owner and
that were not seized by the officer or agent be turned over to the officer or agent,
if the court determines that the owner is unable or unfit to adequately provide for
the animals. The court may enjoin the owner's further possession or custody of
other animals.
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(5) In determining the person's fitness to have custody of an animal under the provisions of this
act, the court may consider, among other matters:
(a) Testimony from the agent or officer who seized the animal and other witnesses as to
the condition of the animal when seized and as to the conditions under which the animal
was kept.
(b) Testimony and evidence as to the veterinary care provided to the animal.
(c) Testimony and evidence as to the type and amount of care provided to the animal.
(d) Expert testimony as to the community standards for proper and reasonable care of the
same type of animal.
(e) Testimony from any witnesses as to prior treatment or condition of this or other
animals in the same custody.
(f) The owner's past record of judgments under the provisions of this chapter.
(g) Convictions under the statutes prohibiting cruelty to animals.
(h) Any other evidence the court considers to be material or relevant.
(6) If the evidence indicates a lack of proper and reasonable care of the animal, the burden is on
the owner to demonstrate by clear and convincing evidence that he or she is able and fit to have
custody of and provide adequately for the animal.
(7) In any case in which an animal is offered for auction under the provisions of this section, the
proceeds shall be:
(a) Applied, first, to the cost of the sale.
(b) Applied, secondly, to the care and provision for the animal by the officer or agent of
any county or of any society or association for the prevention of cruelty to animals taking
charge.
(c) Applied, thirdly, to the payment of the owner for the sale of the animal.
(d) Paid over to the court if the owner is not known.
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can be:
concluded and the court order entered thereon within 60 days after the date the hearing
is commenced. No fee shall be charged for the filing of the petition. Nothing herein is
intended to require court action for the taking into custody and making proper
disposition of stray or abandoned animals as lawfully performed by animal control
agents.
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order.
commercial value.
other animals.
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was kept.
proceeds shall be:
charge.
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can be:
FL-24
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order.
county, or any agency or person the judge deems appropriate, to be disposed of
as the agency or person sees fit; or
county, or any agency or person the judge deems appropriate, to be disposed of
as the agency or person sees fit, upon the testimony of the agent who took custody
of the animal, or upon the testimony of other qualified witnesses, that the animal
commercial value.
4. The court may order that other animals that are in the custody of the owner
and that were not seized by the officer or agent be turned over to the officer or
agent, if the court determines that the owner is unable or unfit to adequately
provide for the animals. The court may enjoin the owner's further possession or
custody of other animals.
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was kept.
(d) Expert testimony as to the community standards for proper and reasonable care of
the same type of animal.
proceeds shall be:
charge.
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FLA. STAT. ANN. § 828.03 (2009). Agents of counties, societies, etc., may prosecute violators.
(1) Any county or any society or association for the prevention of cruelty to children or animals,
organized under the laws of this state, may appoint agents for the purpose of investigating
violations of any of the provisions of this chapter or any other law of the state for the purpose of
protecting children and animals or preventing any act of cruelty thereto.
(2) All appointments of such agents by such societies or corporations must have the approval of
the mayor of the city in which the society or association exists, and if the society or association
exists or works outside of any city, the appointment must be approved by the county court judge
or the judge of the circuit court for the county, and the mayor or judge shall keep a record of
such appointment. The approval of the appointment of any agent by a county for either the
incorporated or unincorporated areas of such county shall be by the county commission.
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Such a veterinarian is, therefore, under this subsection, immune from a lawsuit for his or her
part in an investigation of cruelty to animals.
used:
beings;
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unknown; or
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FLA. STAT. ANN. § 828.17 (2009). Officer to arrest without warrant.
Any sheriff or any other peace officer of the state, or any police officer of any city or town of the
state, shall arrest without warrant any person found violating any of the provisions of ss. 828.04,
828.08, 828.12, and 828.13-828.16, and the officer making the arrest shall hold the offender
until a warrant can be procured, and he or she shall use proper diligence to procure such
warrant.
12. SEXUAL ASSAULT
-----
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13. FIGHTING
FLA. STAT. ANN. § 828.121 (2009). 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 (2009). 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

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;
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(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 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.
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(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.
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In this chapter, and in every law of the state relating to or in any way affecting animals, the word
Aanimal@ shall be held to include every living dumb creature; the words Atorture,@ Atorment,@ and
Acruelty@ 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
Aowner@ and Aperson@ 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.
can be:
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order.
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commercial value.
other animals.
was kept.

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proceeds shall be:
charge.
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

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used:
beings;
unknown; or
FLA. STAT. ANN. § 828.121 (2009). 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.
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FLA. STAT. ANN. § 828.122 (2009). 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 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.
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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 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.
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(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. § 828.125 (2009). Killing or aggravated abuse of registered breed horses or
cattle; offenses; penalties.
Any other provisions of this chapter to the contrary notwithstanding:
(1) Any person who willfully and unlawfully, by any means whatsoever, kills, maims, mutilates,
or causes great bodily harm or permanent breeding disability to any animal of any registered
breed of the genus Equus (horse) or genus Bos (cattle), or any recognized registered hybrid of
the specified genera, shall be guilty of a felony of the second degree, punishable as provided by
s. 775.082, s. 775.083, or s. 775.084.
(2) Any person who individually attempts or solicits, or jointly agrees, conspires, combines, or
confederates with another person to commit, any act prohibited by subsection (1) and does an act
in furtherance of said attempt, solicitation, or conspiracy shall be guilty of a felony of the second
degree and is punishable as if the person or persons had actually committed such prohibited act
as enumerated in subsection (1), notwithstanding any provisions found in s. 777.04. Nothing in
this subsection shall be construed to prohibit separate convictions and sentences for a violation
of this subsection and any violation of subsection (1).
(3) Any person who verbally or in writing threatens to commit any act prohibited by subsection
(1) and has the apparent ability to carry out such threat and places the owner or custodian of said
animal in fear that such an act as described in subsection (1) is about to take place shall be guilty
of a felony of the third degree, punishable as provided by s. 775.082, s. 775.083 or s. 775.084.
(4) In addition to any other fines or penalties authorized by law, a person found guilty of
violating any provision of subsection (1), subsection (2), or subsection (3) may be ordered by the
court to make restitution to the aggrieved party in an amount not to exceed twice the gross fair
market value of the said Equus or Bos killed or abused in an aggravated manner, or up to twice
the gross loss caused, whichever is greater, plus attorney's fees and any and all related costs.
Upon notice the court shall hold a hearing to determine the amount of fines, restitution, or costs
to be imposed under this section, if not agreed upon by the parties.
(5) This section shall not be construed to abridge, impede, prohibit, or otherwise interfere in any
way with the application, implementation, or conduct of recognized livestock husbandry
practices or techniques by or at the direction of the owner of the livestock so husbanded ; nor
shall any person be held culpable for any act prohibited by this chapter which results from
weather conditions or other acts of God, providing that the person is in compliance with
recognized livestock husbandry practices.
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(2) Whoever:
(b) Keeps any animals in any enclosure without wholesome exercise and change of air, or
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.
FLA. STAT. ANN. § 828.17 (2009). Officer to arrest without warrant.
Any sheriff or any other peace officer of the state, or any police officer of any city or town of the
state, shall arrest without warrant any person found violating any of the provisions of ss. 828.04,
828.08, 828.12, and 828.13-828.16, and the officer making the arrest shall hold the offender until
a warrant can be procured, and he or she shall use proper diligence to procure such warrant.
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ANIMAL PROTECTION LAWS OF GEORGIA
ANIMAL PROTECTION LAWS OF GEORGIA
2. PENALTIES
3. EXEMPTIONS
12. SEXUAL ASSAULT
13. FIGHTING
This chapter contains Georgia’s general animal protection and related statutes enacted prior to November 2009. It
Georgia may employ similar provisions within other non-animal-specific criminal and civil statutes; may have other

USA Map
GEORGIA

Abandoning domesticated animals
GA. CODE ANN. § 4-11-15.1
(2)
Cruelty to animals
GA. CODE ANN. § 16-12-4(b)
(3)
GA. CODE ANN. § 16-12-4(c)
Animals Covered in Definition "’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”
GA. CODE ANN. § 16-12-4(a)(1)

Misdemeanor
(2)
[1st & subsequent offenses]:
Misdemeanor
[Subsequent offenses (for causing death of

animal]:
High and aggravated misdemeanor
(3)
[1st offense & subsequent offenses]:
Felony
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GEORGIA continued

1 year prison or county jail
and/or
$1,000 fine
GA. CODE ANN. § 17-10-3(a)
(2)
[1st offense]:
1 year prison or county jail
and/or
$1,000 fine
GA. CODE ANN. § 17-10-3(a)
[2nd and subsequent offenses (for causing

unjustifiable pain or suffering]:
1 year prison
and/or
$5,000 fine
GA. CODE ANN. § 16-12-4(b)(1)
[2nd and subsequent offenses (for causing

death of animal]:
1 year prison
and/or
$10,000 fine
(punishment cannot be suspended, probated
or withheld)
GA. CODE ANN. § 16-12-4(b)(2)
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GEORGIA continued
2. MAXIMUM PENALTIES continued ** (3)

[1st offense]:
5 years prison
and/or
$15,000 fine
GA. CODE ANN. § 16-12-4(c)
[2nd and subsequent offenses]:

5 years prison
and/or
$100,000 fine
GA. CODE ANN. § 16-12-4(c)
3. EXEMPTIONS *** 1, 2, 3, 4, 5, 6, 9
GA. CODE ANN. § 16-12-4(e),(f)
2
GA. CODE ANN. § 4-11-9.2
4, 5
GA. CODE ANN. § 4-11-13
9
GA. CODE ANN. § 4-8-5
4. COUNSELING / EVALUATIONS H Before sentencing, court may require a

psychological evaluation
GA. CODE ANN. § 16-12-4(d)
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GEORGIA continued
6. RESTITUTION / REIMBURSEMENT Any person impounding or providing care for

H
an impounded animal shall have a lien on
such animal for reasonable costs of care
GA. CODE ANN. § 4-11-9.3(b)
In certain circumstances, upon payment of all

costs of impoundment and care, and
fulfillment of other set conditions, an
impounder is authorized to return animal
GA. CODE ANN. § 4-11-9.3(c),(d)
If an animal was improperly impounded, the

costs of care and treatment shall be paid by
impounding agency
GA. CODE ANN. § 4-11-9.5(5)
If animal is lawfully impounded and the

owner is not found to have committed any
offenses relating to the impoundment, upon
payment of all costs of impoundment and
care, the animal may be returned
GA. CODE ANN. § 4-11-9.5(6)
Any proceeds from sale of an impounded

animal shall first be used to pay the costs of
impoundment and costs of care
GA. CODE ANN. § 4-11-9.6(b)
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GEORGIA continued
7. SEIZURE / ON-SITE SUPERVISION Upon probable cause to believe that certain

violations have occurred, the Commissioner,
a designated agent, or state or local
government animal control officer may apply
for an inspection warrant
GA. CODE ANN. § 4-11-9.2(a)
The Commissioner, a designated agent, a

state or local government animal control
officer, or any sheriff, or other peace officer
may impound any animal being mistreated or
used in violation of the law, or if a court order
is being violated
GA. CODE ANN. § 4-11-9.2(c)
Any person impounding an animal shall make

arrangements for the animal’s care
GA. CODE ANN. § 4-11-9.3(a)
Any person impounding an animal shall

notify the owner immediately
GA. CODE ANN. § 4-11-9.4
8. FORFEITURE / POSSESSION H If an owner of a lawfully impounded animal

is not found to have committed any offenses
relating to the impoundment the animal may
be returned under certain circumstances
GA. CODE ANN. § 4-11-9.3
If a seized animal was the object of a crime,
the court may order the animal’s disposal
prior to the trial of the criminal case
GA. CODE ANN. § 4-11-9.3
Provisions governing hearings relating to the
disposal of impounded animals
GA. CODE ANN. § 4-11-9.5
Procedure for disposal of an impounded
animal
GA. CODE ANN. § 4-11-9.6
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GEORGIA continued
10. VETERINARIAN REPORTING / IMMUNITY Veterinarians and veterinary technicians may

report suspected cases of animal cruelty and
dogfighting and shall be immune from any
civil or criminal liability if done in good faith
GA. CODE ANN. § 4-11-17
11. LAW ENFORCEMENT POLICIES Upon probable cause of certain violations,

the Commissioner, designated agents, or state
or local government animal control officers
may apply for inspection warrants and may
impound animals found being treated in
violation of the laws or of court orders
GA. CODE ANN. § 4-11-9.2(a),(c)
Any sheriff or other peace officer shall have
the authority to enforce certain animal
protection statutes
GA. CODE ANN. § 4-11-9.2(b)
12. SEXUAL ASSAULT Sexually assaulting an animal is a felony

13. FIGHTING Various dogfighting activities are felonies;

spectatorship is a felony on second and
subsequent offenses
GA. CODE ANN. § 16-12-37
See Editor’s note regarding cockfighting in Section 13.
NOTES There are specific statutes pertaining to dogs

GA. CODE ANN. § 4-8-5, and to horses
In addition to criminal prosecutions or other
remedies, injunctive relief and restraining
orders are also available
GA. CODE ANN. § 4-11-15
Note: Available in Section 14 “Referenced Statutes”
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GA. CODE ANN. § 4-11-2 (2009). Definitions
As used in this article, the term:
(1) "Adequate food and water" means food and water which is sufficient in an amount and
appropriate for the particular type of animal to prevent starvation, dehydration, or a significant
risk to the animal's health from a lack of food or water.
(1.1) "Animal control officer" means an individual authorized by local law or by the governing
authority of a county or municipality to carry out the duties imposed by this article or imposed
by local ordinance.
(2) "Animal shelter" means any facility operated by or under contract for the state, a county, a
municipal corporation, or any other political subdivision of the state for the purpose of
impounding or harboring seized, stray, homeless, abandoned, or unwanted dogs, cats, and other
animals; any veterinary hospital or clinic operated by a veterinarian or veterinarians which
operates for such purpose in addition to its customary purposes; and any facility operated,
owned, or maintained by a duly incorporated humane society, animal welfare society, or other
nonprofit organization for the purpose of providing for and promoting the welfare, protection,
and humane treatment of animals.
(3) "Equine" means any member of the Equidae species, including horses, mules, and asses.
(4) "Humane care" of animals means, but is not limited to, the provision of adequate heat,
ventilation, sanitary shelter, and wholesome and adequate food and water, consistent with the
normal requirements and feeding habits of the animal's size, species, and breed.
(5) "Kennel" means any establishment, other than an animal shelter, where dogs or cats are
maintained for boarding, holding, training, or similar purposes for a fee or compensation.
(6) "Person" means any person, firm, corporation, partnership, association, or other legal entity,
any public or private institution, the State of Georgia, or any county, municipal corporation, or
political subdivision of the state.
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(7) "Pet dealer" or "pet dealership" means any person who sells, offers to sell, exchanges, or
offers for adoption dogs, cats, birds, fish, reptiles, or other animals customarily obtained as pets
in this state. However, a person who sells only animals that he or she has produced and raised,
not to exceed 30 animals a year, shall not be considered a pet dealer under this article unless
such person is licensed for a business by a local government or has a Georgia sales tax number.
The Commissioner may with respect to any breed of animals decrease the 30 animal per year
exception in the foregoing sentence to a lesser number of any animals for any species that is
commonly bred and sold for commercial purposes in lesser quantities. Operation of a veterinary
hospital or clinic by a licensed veterinarian shall not constitute the veterinarian as a pet dealer,
kennel, or stable under this article.
(8) "Secretary of Agriculture" means the secretary of the United States Department of
Agriculture.
(9) "Stable" means any building, structure, pasture, or other enclosure where equines are
maintained for boarding, holding, training, breeding, riding, pulling vehicles, or other similar
purposes and a fee is charged for maintaining such equines or for the use of such equines.
GA. CODE ANN. § 4-11-15.1 (2009). Unlawful to abandon domestic 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. § 16-12-4 (2009). 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.
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(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:
(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
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.
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(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.
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2. PENALTIES
GA. CODE ANN. § 4-11-16 (2009). Penalties for violation
(a) Except as otherwise provided in Code Section 16-12-4 or 16-12-37, any person violating any
of the provisions of this article shall be guilty of a misdemeanor and shall be punished as
provided in Code Section 17-10-3; provided, however, that if such offense is committed by a
corporation, such corporation shall be punished by a fine not to exceed $ 1,000.00 for each such
violation, community service of not less than 200 hours nor more than 500 hours, or both.
(b) Each violation of this article shall constitute a separate offense.
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(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
(f)
or death.
GA. CODE ANN. § 17-10-3 (2009). Misdemeanors, how punished
(a) Except as otherwise provided by law, every crime declared to be a misdemeanor shall be
punished as follows:
(1) By a fine not to exceed $ 1,000.00 or by confinement in the county or other jail,
county correctional institution, or such other places as counties may provide for
maintenance of county inmates, for a total term not to exceed 12 months, or both;
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(2) By confinement under the jurisdiction of the Board of Corrections in a state probation
detention center or diversion center pursuant to Code Sections 42-8-35.4 and 42-8-35.5,
for a determinate term of months which shall not exceed a total term of 12 months; or
(3) If the crime was committed by an inmate within the confines of a state correctional
institution, by confinement under the jurisdiction of the Board of Corrections in a state
correctional institution or such other institution as the Department of Corrections may
direct for a term which shall not exceed 12 months.
(b) Either the punishment provided in paragraph (1) or (2) of subsection (a) of this Code section,
but not both, may be imposed in the discretion of the sentencing judge. Misdemeanor punishment
imposed under either paragraph may be subject to suspension or probation. The sentencing
courts shall retain jurisdiction to amend, modify, alter, suspend, or probate sentences under
paragraph (1) of subsection (a) of this Code section at any time, but in no instance shall any
sentence under the paragraph be modified in a manner to place a county inmate under the
jurisdiction of the Board of Corrections, except as provided in paragraph (2) of subsection (a) of
this Code section.
(c) In all misdemeanor cases in which, upon conviction, a six-month sentence or less is imposed,
it is within the authority and discretion of the sentencing judge to allow the sentence to be served
on weekends by weekend confinement or during the nonworking hours of the defendant. A
weekend shall commence and shall end in the discretion of the sentencing judge, and the
nonworking hours of the defendant shall be determined in the discretion of the sentencing judge;
provided, however, that the judge shall retain plenary control of the defendant at all times
during the sentence period. A weekend term shall be counted as serving two days of the full
sentence. Confinement during the nonworking hours of a defendant during any day may be
counted as serving a full day of the sentence.
(d) In addition to or instead of any other penalty provided for the punishment of a misdemeanor
involving a traffic offense, or punishment of a municipal ordinance involving a traffic offense,
with the exception of habitual offenders sentenced under Code Section 17-10-7, a judge may
impose any one or more of the following sentences:
(1) Reexamination by the Department of Driver Services when the judge has good cause
to believe that the convicted licensed driver is incompetent or otherwise not qualified to
be licensed;
(2) Attendance at, and satisfactory completion of, a driver improvement course meeting
standards approved by the court;
(3) Within the limits of the authority of the charter powers of a municipality or the
punishment prescribed by law in other courts, imprisonment at times specified by the
court or release from imprisonment upon such conditions and at such times as may be
specified; or
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(4) Probation or suspension of all or any part of a penalty upon such terms and conditions
as may be prescribed by the judge. The conditions may include driving with no further
motor vehicle violations during a specified time unless the driving privileges have been
or will be otherwise suspended or revoked by law; reporting periodically to the court or a
specified agency; and performing, or refraining from performing, such acts as may be
ordered by the judge.
(e) Any sentence imposed under subsection (d) of this Code section shall be reported to the
Department of Driver Services as prescribed by law.
(f) The Department of Corrections shall lack jurisdiction to supervise misdemeanor offenders,
except when the sentence is made concurrent to a probated felony sentence or when the sentence
is accepted pursuant to Code Section 42-9-71. Except as provided in this subsection, the
Department of Corrections shall lack jurisdiction to confine misdemeanor offenders.
(g) This Code section will have no effect upon any offender convicted of a misdemeanor offense
prior January 1, 2001, and sentenced to confinement under the jurisdiction of the Board of
Corrections or to the supervision of the Department of Corrections.
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3. EXEMPTIONS
GA. CODE ANN. § 4-8-5 (2009). 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. § 4-11-9.2 (2009). Inspection warrants; impounding of animals
(a) At any time there is probable cause to believe that a violation of this article or any rule or
regulation adopted pursuant to this article has occurred, the Commissioner, his or her designated
agent, or an animal control officer who is an employee of state or local government may apply to
the appropriate court in the county in which the animal is located for an inspection warrant under
the provisions of Code Section 2-2-11.
(b) Any sheriff, deputy sheriff, or other peace officer shall have the authority to enforce the
provisions of this article and Code Sections 16-12- 4 and 16-12-37.
(c) The Commissioner, his or her designated agent, an animal control officer who is an employee
of state or local government, or any sheriff, deputy sheriff, or other peace officer is authorized to
impound any animal:
(1) That has not received humane care;
(2) That has been subjected to cruelty in violation of Code Section 16-12-4;
(3) That is used or intended for use in any violation of Code Section 16-12-37; or
(4) If it is determined that a consent order or other order concerning the treatment of
animals issued pursuant to this article is being violated.
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(d) Prior to an animal being impounded pursuant to paragraph (1), (2), or (3) of subsection (c) of
this Code section, a licensed accredited veterinarian approved by the Commissioner or a
veterinarian employed by a state or federal government and approved by the Commissioner,
shall, at the request of the Commissioner, his or her designee, an animal control officer, a sheriff,
a deputy sheriff, or other peace officer, examine and determine the condition or treatment of the
animal.
(e) The provisions of this Code section and Code Sections 4-11-9.3 to 4- 11-9.6 shall not apply
to scientific experiments or investigations conducted by or at an accredited college or university
in this state or research facility registered with the Commissioner or the United States
Department of Agriculture.
GA. CODE ANN. § 4-11-13 (2009). Article not applicable to persons raising animals for
human consumption
The provisions of this article shall not apply to any person who raises, keeps, or maintains
animals solely for the purposes of human consumption.
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(f)
circumstances indicated in this subsection shall incur no civil or criminal liability for such
injury or death.
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judge may require psychological evaluation of the offender and shall consider the entire
criminal record of the offender.
(f)
or death.
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GA. CODE ANN. § 4-11-9.3 (2009). Duty to make arrangements for care of impounded
animal; lien for cost of care; return of animal to owner
(a) It shall be the duty of any person impounding an animal under Code Section 4-11-9.2 to
make reasonable and proper arrangements to provide the impounded animal with humane care
and adequate and necessary veterinary services. Such arrangements may include, but shall not be
limited to, providing shelter and care for the animal at any state, federal, county, municipal, or
governmental facility or shelter; contracting with a private individual, partnership, corporation,
association, or other entity to provide humane care and adequate and necessary veterinary
services for a reasonable fee; or allowing a private individual, partnership, corporation,
services as a volunteer and at no cost.
(b) Any person impounding an animal under this article or providing care for an impounded
animal shall have a lien on such animal for the reasonable costs of caring for such animal. Such
lien may be foreclosed in any court that is competent to hear civil cases, including, but not
limited to, magistrate courts. Liens shall be foreclosed in magistrate courts only when the
amount of the lien does not exceed the jurisdictional limits established by law for such courts.
(c) Any person impounding an animal under this article shall be authorized to return such
animal to its owner, upon payment by the owner of all costs of impoundment and care and upon
the entry of a consent order, unless such owner, in a prior administrative or legal action in this
state or any other state, was found to have failed to provide humane care to an animal,
committed cruelty to animals, or committed an act prohibited under Code Section 16-12-37 in
violation of the laws of this state or of the United States or any of the several states. Such
consent order shall provide conditions relating to the care and treatment of such animal,
including, but not limited to, the following, that:
(1) Such animal shall be given humane care and adequate and necessary veterinary
services;
(2) Such animal shall not be subjected to cruelty; and
(3) The owner shall comply with this article.
(d) The provisions of subsection (c) of this Code section shall not apply to an animal that was an
object or instrumentality of a crime nor shall any such animal be returned to the owner without
the approval of the prosecuting attorney. An agency having custody of an animal that was seized
as an object or instrumentality of a crime may, with the consent of the prosecuting attorney,
apply to the court having jurisdiction over the offense for an order authorizing such agency to
dispose of the animal prior to trial of the criminal case as provided by law.
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GA. CODE ANN. § 4-11-9.5 (2009). Hearing on impoundment of animal
(a) If the owner of an animal impounded pursuant to this article fails to respond in writing within
five business days of the date the notice of impoundment was served, or, if the owner is
unknown or could not be found within 30 days of publication of the notice of impoundment, the
impounded animal may be disposed of pursuant to Code Section 4-11-9.6.
(b)
(1) If the owner of an animal impounded pursuant to this article refuses to enter into a
consent agreement with the government agency having custody of the animal that such
animal will be given humane care and adequate and necessary veterinary care, the owner
may request, in writing, a hearing within five business days of the date the notice of
impoundment was served on such owner, or, if the owner is unknown or could not be
found, within 30 days of the date of publication of the notice of impoundment. Such
request for hearing shall be served upon the government agency having custody of the
animal. If no hearing is requested within the time limits specified in this paragraph and
the failure to request such hearing is due in whole or in part to the reasonably avoidable
fault of the owner, the right to a hearing shall have been waived.
(2) Within 30 days after receiving a written request for a hearing, the government agency
having custody of the animal shall hold a hearing as is provided in Chapter 13 of Title 50,
the "Georgia Administrative Procedure Act." If the animal is in the custody of an agency
of local government which has, by local law or ordinance, established a procedure for
hearing such matters, the body designated in such local law or ordinance shall conduct
the hearing required by this Code section. If the local government does not have a hearing
procedure, the government agency having custody of the animal may refer the matter to
the Office of State Administrative Hearings. If the animal is in the custody of the
Department of Agriculture, the Commissioner or his or her designee shall conduct the
hearing. The hearing shall be public and all testimony shall be received under oath. A
record of the proceedings at such hearing shall be made and maintained by the hearing
officer as provided in Code Section 50-13-13.
(3) The scope of the hearing shall be limited to whether the impounding of the animal
was authorized by subsection (c) of Code Section 4-11-9.2.
(4) The hearing officer shall, within five business days after such hearing, forward a
decision to the person who impounded the animal and the government agency having
(5) If the hearing officer finds that the animal was improperly impounded, the animal
shall be returned to the owner and the cost incurred in providing reasonable care and
treatment for the animal from the date of impoundment to the date of the order shall be
paid by the impounding agency.
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(6) If the hearing officer finds that the animal was lawfully impounded, the hearing
officer may:
(A) Recommend that the government agency having custody of the animal
dispose of the animal as provided in Code Section 4-11-9.6; or
(B) Unless, in a prior administrative or legal action in this state or any other
state, the owner has been found to have failed to provide humane care to an
animal, committed cruelty to animals, or committed an act prohibited under Code
Section 16-12-37 in violation of the laws of this state or of the United States or
any of the several states, recommend conditions under which the animal may,
upon payment by the owner of all costs of impoundment and care, be returned to
the owner. Such conditions shall be reduced to writing and served upon the owner
and the government agency having custody of the animal. Such conditions may
include, but are not limited to, the following, that:
(i) Such animal shall be given humane care and adequate and necessary
veterinary services;
(ii) Such animal shall not be subjected to mistreatment; and
(iii) The owner shall comply with this article.
(c) The provisions of this Code section shall not apply to an animal that was an object or
instrumentality of a crime nor shall any such animal be returned to the owner or disposed of
without the approval of the prosecuting attorney.
GA. CODE ANN. § 4-11-9.6 (2009). Disposal of impounded animal
(a) The government agency having custody of an animal impounded pursuant to this article
which is not returned to the owner as provided in Code Sections 4- 11-9.3 and 4-11-9.5 may
dispose of the animal through sale by any commercially feasible means, at a public auction or by
sealed bids, or, if in the opinion of a licensed accredited veterinarian or a veterinarian employed
by a state or federal government and approved by the Commissioner such animal has a
temperament or condition such that euthanasia is the only reasonable course of action, by
humanely disposing of the animal.
(b) Any proceeds from the sale of such animal shall be used first to pay the costs associated with
the impoundment, including, but not limited to, removal of the animal from the premises, shelter
and care of the animal, notice, hearing, and disposition of the animal. Any funds remaining
shall:
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(1) If the owner is unknown or cannot be found, be paid into the state treasury if the
animal was impounded by the Commissioner or his or her designated agent or into the
treasury of the local government if the animal was impounded by the sheriff, a deputy
sheriff, another law enforcement officer, or an animal control officer; or
(2) If the owner is known, be paid to the owner.
(c) The government agency responsible for conducting the sale shall keep a record of all sales,
disbursements, and distributions made under this article.
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regulation adopted pursuant to this article has occurred, the Commissioner, his or her
designated agent, or an animal control officer who is an employee of state or local government
may apply to the appropriate court in the county in which the animal is located for an inspection
warrant under the provisions of Code Section 2-2-11.
(c) The Commissioner, his or her designated agent, an animal control officer who is an
employee of state or local government, or any sheriff, deputy sheriff, or other peace officer is
authorized to impound any animal:
(d) Prior to an animal being impounded pursuant to paragraph (1), (2), or (3) of subsection (c)
of this Code section, a licensed accredited veterinarian approved by the Commissioner or a
shall, at the request of the Commissioner, his or her designee, an animal control officer, a
sheriff, a deputy sheriff, or other peace officer, examine and determine the condition or
treatment of the animal.
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and adequate and necessary veterinary services. Such arrangements may include, but shall not
be limited to, providing shelter and care for the animal at any state, federal, county, municipal,
or governmental facility or shelter; contracting with a private individual, partnership,
corporation, association, or other entity to provide humane care and adequate and necessary
veterinary services for a reasonable fee; or allowing a private individual, partnership,
corporation, association, or other entity to provide humane care and adequate and necessary
veterinary services as a volunteer and at no cost.
(c) Any person impounding an animal under this article shall be authorized to return such animal
to its owner, upon payment by the owner of all costs of impoundment and care and upon the
entry of a consent order, unless such owner, in a prior administrative or legal action in this state
or any other state, was found to have failed to provide humane care to an animal, committed
cruelty to animals, or committed an act prohibited under Code Section 16-12-37 in violation of
the laws of this state or of the United States or any of the several states. Such consent order shall
provide conditions relating to the care and treatment of such animal, including, but not limited
to, the following, that:
services;
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GA. CODE ANN. § 4-11-9.4 (2009). Notification to owner of impoundment of animal
(a) It shall be the duty of any person impounding an animal under this article to notify the owner
of such animal immediately upon impoundment. Such notice shall state the name and business
address of the person impounding the animal, the name and address of the state or local
government agency having custody of the animal, a description of the animal, the reason why the
animal was impounded, and a statement of the time limits for the owner to respond and request a
hearing as provided in Code Section 4-11-9.5. The notice shall be provided by personal service
or by registered mail, certified mail, or statutory overnight delivery sent to the last known
address of the owner. Service of the notice which complies with subsection (b) of Code Section
9- 11-5 shall in all cases be sufficient. If the owner of such animal is unknown or cannot be
found, service of the notice on the owner shall be made by posting the notice in a conspicuous
place at the location where the animal was impounded and by publishing a notice once in a
newspaper of general circulation in the county where the animal was impounded.
(b) An animal impounded pursuant to this article is deemed to be in the custody of the state or
local government agency responsible for enforcement of this article within said county or
municipality.
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(c) Any person impounding an animal under this article shall be authorized to return such
animal to its owner, upon payment by the owner of all costs of impoundment and care and upon
the entry of a consent order, unless such owner, in a prior administrative or legal action in this
state or any other state, was found to have failed to provide humane care to an animal,
committed cruelty to animals, or committed an act prohibited under Code Section 16-12-37 in
violation of the laws of this state or of the United States or any of the several states. Such
consent order shall provide conditions relating to the care and treatment of such animal,
including, but not limited to, the following, that:
services;
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(a) If the owner of an animal impounded pursuant to this article fails to respond in writing
within five business days of the date the notice of impoundment was served, or, if the owner is
(b)
animal will be given humane care and adequate and necessary veterinary care, the
owner may request, in writing, a hearing within five business days of the date the notice
of impoundment was served on such owner, or, if the owner is unknown or could not be
(2) Within 30 days after receiving a written request for a hearing, the government
agency having custody of the animal shall hold a hearing as is provided in Chapter 13 of
Title 50, the "Georgia Administrative Procedure Act." If the animal is in the custody of
an agency of local government which has, by local law or ordinance, established a
procedure for hearing such matters, the body designated in such local law or ordinance
shall conduct the hearing required by this Code section. If the local government does not
have a hearing procedure, the government agency having custody of the animal may
refer the matter to the Office of State Administrative Hearings. If the animal is in the
custody of the Department of Agriculture, the Commissioner or his or her designee shall
conduct the hearing. The hearing shall be public and all testimony shall be received
under oath. A record of the proceedings at such hearing shall be made and maintained by
the hearing officer as provided in Code Section 50-13-13.
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officer may:
(A) Recommend that the government agency having custody of the animal dispose
of the animal as provided in Code Section 4-11-9.6; or
(B) Unless, in a prior administrative or legal action in this state or any other
state, the owner has been found to have failed to provide humane care to an
animal, committed cruelty to animals, or committed an act prohibited under Code
Section 16-12-37 in violation of the laws of this state or of the United States or
any of the several states, recommend conditions under which the animal may,
upon payment by the owner of all costs of impoundment and care, be returned to
the owner. Such conditions shall be reduced to writing and served upon the owner
and the government agency having custody of the animal. Such conditions may
include, but are not limited to, the following, that:
and care of the animal, notice, hearing, and disposition of the animal. Any funds remaining shall:
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GA. CODE ANN. § 4-11-17 (2009). Reports of animal cruelty or dog fighting by veterinarians
or veterinary technicians; immunity from civil or criminal liability
(a) Notwithstanding Code Section 24-9-29 or any other provision of law to the contrary, any
licensed veterinarian or veterinary technician having reasonable cause to believe that an animal
has been subjected to animal cruelty in violation of Code Section 16-12-4 or an act prohibited
under Code Section 16-12-37 may make or cause to be made a report of such violation to the
Commissioner, his or her designee, an animal control officer, a law enforcement agency, or a
prosecuting attorney and may appear and testify in any judicial or administrative proceeding
concerning the care of an animal.
(b) Any person participating in the making of a report pursuant to this Code section or
participating in any administrative or judicial proceeding pursuant to this article or Title 16
shall, in so doing, be immune from any civil or criminal liability that might otherwise be
incurred or imposed, provided such participation pursuant to this Code section or any other law
is made in good faith.
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regulation adopted pursuant to this article has occurred, the Commissioner, his or her
designated agent, or an animal control officer who is an employee of state or local government
may apply to the appropriate court in the county in which the animal is located for an inspection
warrant under the provisions of Code Section 2-2-11.
(c) The Commissioner, his or her designated agent, an animal control officer who is an
employee of state or local government, or any sheriff, deputy sheriff, or other peace officer is
authorized to impound any animal:
animal.
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12. SEXUAL ASSAULT
GA. CODE ANN. § 16-6-6 (2009). 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.
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13. FIGHTING
GA. CODE ANN. § 16-12-37 (2009). Dogfighting
(a) As used in this Code section, the term "dog" means any domestic canine.
(b) Any person who:
(1) Owns, possesses, trains, transports, or sells any dog with the intent that such dog
shall be engaged in fighting with another dog;
(2) For amusement or gain, causes any dog to fight with another dog or for amusement
or gain, causes any dogs to injure each other;
(3) Wagers money or anything of value on the result of such dogfighting;
(4) Knowingly permits any act in violation of paragraph (1) or (2) of this subsection on
any premises under the ownership or control of such person or knowingly aids or abets
any such act; or
(5) Knowingly promotes or advertises an exhibition of fighting with another dog
shall be guilty of a felony and, upon the first conviction thereof, shall be punished by
imprisonment of not less than one nor more than five years, a fine of not less than $5,000.00, or
both such fine and imprisonment. On a second or subsequent conviction, such person shall be
punished by imprisonment of not less than one nor more than ten years, a fine of not less than
$15,000.00, or both such fine and imprisonment. Each act or omission in violation of this
subsection shall constitute a separate offense.
(c) Any person who is knowingly present only as a spectator at any place for the fighting of dogs
shall, upon a first conviction thereof, be guilty of a misdemeanor of a high and aggravated
nature. On a second conviction, such person shall be guilty of a felony and shall be punished by
both such fine and imprisonment. On a third or subsequent conviction, such person shall be
$15,000.00, or both such fine and imprisonment. Each act in violation of this subsection shall
constitute a separate offense.
(d) Any dog subject to fighting may be impounded pursuant to the provisions of Code Sections 4-
11-9.2 through 4-11-9.6.
(e) This Code section shall not prohibit, impede, or otherwise interfere with animal husbandry,
training techniques, competition, events, shows, or practices not otherwise specifically
prohibited by law and shall not apply to the following activities:
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(1) Owning, using, breeding, training, or equipping any animal to pursue, take, hunt, or
recover wildlife or any animal lawfully hunted under Title 27 or participating in hunting
or fishing in accordance with the provisions of Title 27 and rules and regulations
promulgated pursuant thereto as such rules and regulations existed on the date specified
in Code Section 27-1-39;
(2) Owning, using, breeding, training, or equipping dogs to work livestock for
agricultural purposes in accordance with the rules and regulations of the Commissioner
of Agriculture as such rules and regulations existed on January 1, 2008;
(3) Owning, using, breeding, training, or equipping dogs for law enforcement purposes;
or
(4) Owning, using, breeding, training, or equipping any animal to control damage from
nuisance or pest species in and around structures or agricultural operations.
Editor’s note: Cockfighting (and presumably other types of animal fighting) is “cruelty to animals.” Morgan v.
State 195 Ga.App. 52, 392 S.E.2d 715 (1990).
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GA. CODE ANN. § 4-8-5 (2009). 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. § 4-11-2 (2009). Definitions
As used in this article, the term:
(1) "Adequate food and water" means food and water which is sufficient in an amount and
appropriate for the particular type of animal to prevent starvation, dehydration, or a significant
risk to the animal's health from a lack of food or water.
(1.1) "Animal control officer" means an individual authorized by local law or by the governing
authority of a county or municipality to carry out the duties imposed by this article or imposed
by local ordinance.
(2) "Animal shelter" means any facility operated by or under contract for the state, a county, a
municipal corporation, or any other political subdivision of the state for the purpose of
impounding or harboring seized, stray, homeless, abandoned, or unwanted dogs, cats, and other
animals; any veterinary hospital or clinic operated by a veterinarian or veterinarians which
operates for such purpose in addition to its customary purposes; and any facility operated,
owned, or maintained by a duly incorporated humane society, animal welfare society, or other
nonprofit organization for the purpose of providing for and promoting the welfare, protection,
and humane treatment of animals.
(3) "Equine" means any member of the Equidae species, including horses, mules, and asses.
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(4) "Humane care" of animals means, but is not limited to, the provision of adequate heat,
ventilation, sanitary shelter, and wholesome and adequate food and water, consistent with the
normal requirements and feeding habits of the animal's size, species, and breed.
(5) "Kennel" means any establishment, other than an animal shelter, where dogs or cats are
maintained for boarding, holding, training, or similar purposes for a fee or compensation.
(6) "Person" means any person, firm, corporation, partnership, association, or other legal entity,
any public or private institution, the State of Georgia, or any county, municipal corporation, or
political subdivision of the state.
(7) "Pet dealer" or "pet dealership" means any person who sells, offers to sell, exchanges, or
offers for adoption dogs, cats, birds, fish, reptiles, or other animals customarily obtained as pets
in this state. However, a person who sells only animals that he or she has produced and raised,
not to exceed 30 animals a year, shall not be considered a pet dealer under this article unless
such person is licensed for a business by a local government or has a Georgia sales tax number.
The Commissioner may with respect to any breed of animals decrease the 30 animal per year
exception in the foregoing sentence to a lesser number of any animals for any species that is
commonly bred and sold for commercial purposes in lesser quantities. Operation of a veterinary
hospital or clinic by a licensed veterinarian shall not constitute the veterinarian as a pet dealer,
kennel, or stable under this article.
(8) "Secretary of Agriculture" means the secretary of the United States Department of
Agriculture.
(9) "Stable" means any building, structure, pasture, or other enclosure where equines are
maintained for boarding, holding, training, breeding, riding, pulling vehicles, or other similar
purposes and a fee is charged for maintaining such equines or for the use of such equines.
regulation adopted pursuant to this article has occurred, the Commissioner, his or her designated
agent, or an animal control officer who is an employee of state or local government may apply to
the appropriate court in the county in which the animal is located for an inspection warrant under
the provisions of Code Section 2-2-11.
(c) The Commissioner, his or her designated agent, an animal control officer who is an employee
of state or local government, or any sheriff, deputy sheriff, or other peace officer is authorized to
impound any animal:
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animal.
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(c) Any person impounding an animal under this article shall be authorized to return such animal
to its owner, upon payment by the owner of all costs of impoundment and care and upon the
entry of a consent order, unless such owner, in a prior administrative or legal action in this state
or any other state, was found to have failed to provide humane care to an animal, committed
cruelty to animals, or committed an act prohibited under Code Section 16-12-37 in violation of
the laws of this state or of the United States or any of the several states. Such consent order shall
provide conditions relating to the care and treatment of such animal, including, but not limited
to, the following, that:
services;
GA. CODE ANN. § 4-11-9.4 (2009). Notification to owner of impoundment of animal
(a) It shall be the duty of any person impounding an animal under this article to notify the owner
of such animal immediately upon impoundment. Such notice shall state the name and business
address of the person impounding the animal, the name and address of the state or local
government agency having custody of the animal, a description of the animal, the reason why the
animal was impounded, and a statement of the time limits for the owner to respond and request a
hearing as provided in Code Section 4-11-9.5. The notice shall be provided by personal service
or by registered mail, certified mail, or statutory overnight delivery sent to the last known
address of the owner. Service of the notice which complies with subsection (b) of Code Section
9- 11-5 shall in all cases be sufficient. If the owner of such animal is unknown or cannot be
found, service of the notice on the owner shall be made by posting the notice in a conspicuous
place at the location where the animal was impounded and by publishing a notice once in a
newspaper of general circulation in the county where the animal was impounded.
(b) An animal impounded pursuant to this article is deemed to be in the custody of the state or
local government agency responsible for enforcement of this article within said county or
municipality.
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(a) If the owner of an animal impounded pursuant to this article fails to respond in writing within
five business days of the date the notice of impoundment was served, or, if the owner is
(b)
animal will be given humane care and adequate and necessary veterinary care, the owner
may request, in writing, a hearing within five business days of the date the notice of
impoundment was served on such owner, or, if the owner is unknown or could not be
(2) Within 30 days after receiving a written request for a hearing, the government agency
having custody of the animal shall hold a hearing as is provided in Chapter 13 of Title 50,
the "Georgia Administrative Procedure Act." If the animal is in the custody of an agency
of local government which has, by local law or ordinance, established a procedure for
hearing such matters, the body designated in such local law or ordinance shall conduct
the hearing required by this Code section. If the local government does not have a hearing
procedure, the government agency having custody of the animal may refer the matter to
the Office of State Administrative Hearings. If the animal is in the custody of the
Department of Agriculture, the Commissioner or his or her designee shall conduct the
hearing. The hearing shall be public and all testimony shall be received under oath. A
record of the proceedings at such hearing shall be made and maintained by the hearing
officer as provided in Code Section 50-13-13.
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officer may:
(A) Recommend that the government agency having custody of the animal
dispose of the animal as provided in Code Section 4-11-9.6; or
(B) Unless, in a prior administrative or legal action in this state or any other state,
the owner has been found to have failed to provide humane care to an animal,
committed cruelty to animals, or committed an act prohibited under Code Section
16-12-37 in violation of the laws of this state or of the United States or any of the
several states, recommend conditions under which the animal may, upon payment
by the owner of all costs of impoundment and care, be returned to the owner.
Such conditions shall be reduced to writing and served upon the owner and the
government agency having custody of the animal. Such conditions may include,
but are not limited to, the following, that:
and care of the animal, notice, hearing, and disposition of the animal. Any funds remaining shall:
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GA. CODE ANN. § 4-11-13 (2009). Article not applicable to persons raising animals for
human consumption
The provisions of this article shall not apply to any person who raises, keeps, or maintains
animals solely for the purposes of human consumption.
GA. CODE ANN. § 4-11-15 (2009). Injunctions and restraining orders
In addition to the remedies provided in this article or elsewhere in the laws of this state and
notwithstanding the existence of an adequate remedy at law, the Commissioner or, where
authorized by the local governing authority, the city or county attorney is authorized to apply to
the superior court for an injunction or restraining order. The court shall for good cause shown
grant a temporary or permanent injunction or an ex parte or restraining order, restraining or
enjoining any person, partnership, firm, corporation, or other entity from violating and
continuing to violate this article, any rules and regulations promulgated under this article, Code
Section 16-12-4, or Code Section 16-12-37. Such injunction or restraining order shall be issued
without bond and may be granted notwithstanding the fact that the violation constitutes a
criminal act and notwithstanding the pendency of any criminal prosecution for the same
violation.
GA. CODE ANN. § 4-11-15.1 (2009). Unlawful to abandon domestic 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.
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GA. CODE ANN. § 4-11-16 (2009). Penalties for violation
(a) Except as otherwise provided in Code Section 16-12-4 or 16-12-37, any person violating any
of the provisions of this article shall be guilty of a misdemeanor and shall be punished as
provided in Code Section 17-10-3; provided, however, that if such offense is committed by a
corporation, such corporation shall be punished by a fine not to exceed $ 1,000.00 for each such
violation, community service of not less than 200 hours nor more than 500 hours, or both.
(b) Each violation of this article shall constitute a separate offense.
GA. CODE ANN. § 4-11-17 (2009). Reports of animal cruelty or dog fighting by veterinarians
or veterinary technicians; immunity from civil or criminal liability
(a) Notwithstanding Code Section 24-9-29 or any other provision of law to the contrary, any
licensed veterinarian or veterinary technician having reasonable cause to believe that an animal
has been subjected to animal cruelty in violation of Code Section 16-12-4 or an act prohibited
under Code Section 16-12-37 may make or cause to be made a report of such violation to the
Commissioner, his or her designee, an animal control officer, a law enforcement agency, or a
prosecuting attorney and may appear and testify in any judicial or administrative proceeding
concerning the care of an animal.
(b) Any person participating in the making of a report pursuant to this Code section or
participating in any administrative or judicial proceeding pursuant to this article or Title 16 shall,
in so doing, be immune from any civil or criminal liability that might otherwise be incurred or
imposed, provided such participation pursuant to this Code section or any other law is made in
good faith.
GA. CODE ANN. § 16-6-6 (2009). 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.
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(f)
or death.
GA. CODE ANN. § 16-12-37 (2009). Dogfighting
(a) As used in this Code section, the term "dog" means any domestic canine.
(b) Any person who:
(1) Owns, possesses, trains, transports, or sells any dog with the intent that such dog shall
be engaged in fighting with another dog;
(2) For amusement or gain, causes any dog to fight with another dog or for amusement or
gain, causes any dogs to injure each other;
(3) Wagers money or anything of value on the result of such dogfighting;
(4) Knowingly permits any act in violation of paragraph (1) or (2) of this subsection on
any premises under the ownership or control of such person or knowingly aids or abets
any such act; or
(5) Knowingly promotes or advertises an exhibition of fighting with another dog
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shall be guilty of a felony and, upon the first conviction thereof, shall be punished by
both such fine and imprisonment. On a second or subsequent conviction, such person shall be
$15,000.00, or both such fine and imprisonment. Each act or omission in violation of this
subsection shall constitute a separate offense.
(c) Any person who is knowingly present only as a spectator at any place for the fighting of dogs
shall, upon a first conviction thereof, be guilty of a misdemeanor of a high and aggravated
nature. On a second conviction, such person shall be guilty of a felony and shall be punished by
both such fine and imprisonment. On a third or subsequent conviction, such person shall be
$15,000.00, or both such fine and imprisonment. Each act in violation of this subsection shall
constitute a separate offense.
(d) Any dog subject to fighting may be impounded pursuant to the provisions of Code Sections
4-11-9.2 through 4-11-9.6.
(e) This Code section shall not prohibit, impede, or otherwise interfere with animal husbandry,
training techniques, competition, events, shows, or practices not otherwise specifically
prohibited by law and shall not apply to the following activities:
(1) Owning, using, breeding, training, or equipping any animal to pursue, take, hunt, or
recover wildlife or any animal lawfully hunted under Title 27 or participating in hunting
or fishing in accordance with the provisions of Title 27 and rules and regulations
promulgated pursuant thereto as such rules and regulations existed on the date specified
in Code Section 27-1-39;
(2) Owning, using, breeding, training, or equipping dogs to work livestock for
agricultural purposes in accordance with the rules and regulations of the Commissioner of
Agriculture as such rules and regulations existed on January 1, 2008;
(3) Owning, using, breeding, training, or equipping dogs for law enforcement purposes;
or
(4) Owning, using, breeding, training, or equipping any animal to control damage from
nuisance or pest species in and around structures or agricultural operations.
GA. CODE ANN. § 17-10-3 (2009). Misdemeanors, how punished
(a) Except as otherwise provided by law, every crime declared to be a misdemeanor shall be
punished as follows:
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(1) By a fine not to exceed $ 1,000.00 or by confinement in the county or other jail,
county correctional institution, or such other places as counties may provide for
maintenance of county inmates, for a total term not to exceed 12 months, or both;
(2) By confinement under the jurisdiction of the Board of Corrections in a state probation
detention center or diversion center pursuant to Code Sections 42-8-35.4 and 42-8-35.5,
for a determinate term of months which shall not exceed a total term of 12 months; or
(3) If the crime was committed by an inmate within the confines of a state correctional
institution, by confinement under the jurisdiction of the Board of Corrections in a state
correctional institution or such other institution as the Department of Corrections may
direct for a term which shall not exceed 12 months.
(b) Either the punishment provided in paragraph (1) or (2) of subsection (a) of this Code section,
but not both, may be imposed in the discretion of the sentencing judge. Misdemeanor
punishment imposed under either paragraph may be subject to suspension or probation. The
sentencing courts shall retain jurisdiction to amend, modify, alter, suspend, or probate sentences
under paragraph (1) of subsection (a) of this Code section at any time, but in no instance shall
any sentence under the paragraph be modified in a manner to place a county inmate under the
jurisdiction of the Board of Corrections, except as provided in paragraph (2) of subsection (a) of
this Code section.
(c) In all misdemeanor cases in which, upon conviction, a six-month sentence or less is imposed,
it is within the authority and discretion of the sentencing judge to allow the sentence to be served
on weekends by weekend confinement or during the nonworking hours of the defendant. A
weekend shall commence and shall end in the discretion of the sentencing judge, and the
nonworking hours of the defendant shall be determined in the discretion of the sentencing judge;
provided, however, that the judge shall retain plenary control of the defendant at all times during
the sentence period. A weekend term shall be counted as serving two days of the full sentence.
Confinement during the nonworking hours of a defendant during any day may be counted as
serving a full day of the sentence.
(d) In addition to or instead of any other penalty provided for the punishment of a misdemeanor
involving a traffic offense, or punishment of a municipal ordinance involving a traffic offense,
with the exception of habitual offenders sentenced under Code Section 17-10-7, a judge may
impose any one or more of the following sentences:
(1) Reexamination by the Department of Driver Services when the judge has good cause
to believe that the convicted licensed driver is incompetent or otherwise not qualified to
be licensed;
(2) Attendance at, and satisfactory completion of, a driver improvement course meeting
standards approved by the court;
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(3) Within the limits of the authority of the charter powers of a municipality or the
punishment prescribed by law in other courts, imprisonment at times specified by the
court or release from imprisonment upon such conditions and at such times as may be
specified; or
(4) Probation or suspension of all or any part of a penalty upon such terms and conditions
as may be prescribed by the judge. The conditions may include driving with no further
motor vehicle violations during a specified time unless the driving privileges have been
or will be otherwise suspended or revoked by law; reporting periodically to the court or a
specified agency; and performing, or refraining from performing, such acts as may be
ordered by the judge.
(e) Any sentence imposed under subsection (d) of this Code section shall be reported to the
Department of Driver Services as prescribed by law.
(f) The Department of Corrections shall lack jurisdiction to supervise misdemeanor offenders,
except when the sentence is made concurrent to a probated felony sentence or when the sentence
is accepted pursuant to Code Section 42-9-71. Except as provided in this subsection, the
Department of Corrections shall lack jurisdiction to confine misdemeanor offenders.
(g) This Code section will have no effect upon any offender convicted of a misdemeanor offense
prior January 1, 2001, and sentenced to confinement under the jurisdiction of the Board of
Corrections or to the supervision of the Department of Corrections.
GA. CODE ANN. § 17-10-4 (2009). Punishment for misdemeanor of a high and aggravated
nature
(a) A person who is convicted of a misdemeanor of a high and aggravated nature shall be
punished by a fine not to exceed $ 5,000.00 or by confinement in the county or other jail, county
correctional institution, or such other places as counties may provide for maintenance of county
inmates, for a term not to exceed 12 months, or both; provided, however, that a person convicted
of a misdemeanor of a high and aggravated nature which was committed by an inmate within the
confines of a state correctional institution and sentenced to confinement as a result of such
offense shall be sentenced to confinement under the jurisdiction of the Board of Corrections in a
state correctional institution or such other institution as the Department of Corrections may
direct for a term which shall not exceed 12 months. In all cases of a conviction of a misdemeanor
of a high and aggravated nature, the sentencing court shall retain jurisdiction to amend, modify,
alter, suspend, or probate sentences imposed under this Code section at any time; but in no
instance shall a sentence imposed under this Code section be modified in such a manner as to
increase the amount of fine or the term of confinement.
(b) Notwithstanding any laws to the contrary, a person sentenced for a misdemeanor of a high
and aggravated nature may earn no more than four days per month earned time allowance.
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ANIMAL PROTECTION LAWS OF HAWAII
ANIMAL PROTECTION LAWS OF HAWAII
2. PENALTIES
3. EXEMPTIONS
12. SEXUAL ASSAULT
13. FIGHTING
This chapter contains Hawaii’s general animal protection and related statutes enacted prior to November 2009. It begins
Hawaii may employ similar provisions within other non-animal-specific criminal and civil statutes; may have other more

HAWAII

Abandonment
HAW. REV. STAT. § 143-2.6
(2)
Cruelty to animals in the 2nd degree
HAW. REV. STAT. § 711-1109
(3)
Cruelty to animals in the 1st degree
HAW. REV. STAT. § 711-1108.5
(4)
Animal hoarding
HAW. REV. STAT. § 711-1109.6
Animals Covered in Definition “Animal” includes every living creature,

except a human being
HAW. REV. STAT. § 711-1100

Petty misdemeanor
(2), (4)
Misdemeanor
(3)
Class C felony
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HAWAII continued

30 days imprisonment
HAW. REV. STAT. § 706-663
and/or
$1,000 fine
(2), (4)
1 year imprisonment
and/or
$2,000 fine
(3)
and/or
$10,000 fine
3. EXEMPTIONS *** 1, 2, 6
HAW. REV. STAT. § 711-1108.5
HAW. REV. STAT. § 711-1109
9
HAW. REV. STAT. § 711-1109.3
5. PROTECTIVE ORDERS H HAW. REV. STAT. § 586-4
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HAWAII continued
6. RESTITUTION / REIMBURSEMENT Defendant may be required to post a security

H
OF COSTS / BONDING & LIENS bond for costs of care of an impounded
animal or forfeit rights in the animal
HAW. REV. STAT. § 711-1109.2
The court shall order the defendant to

reimburse the humane society or society for
the prevention of cruelty to animals for
reasonable costs incurred to care, feed, and
house any animal that is surrendered or
forfeited
HAW. REV. STAT. § 711-1110.5
7. SEIZURE / ON-SITE SUPERVISION If there is probable cause to believe that an

animal is being mistreated in violation of the
law, a law enforcement officer may, after
obtaining a search warrant, or in any other
lawful manner, enter premises and provide
care for, or impound, the animal
HAW. REV. STAT. § 711-1109.1
8. FORFEITURE / POSSESSION H If a court determines that there is probable

cause that a violation of the animal protection
laws occurred, the court, following such
hearing, shall order forfeiture of the
impounded animal unless the defendant posts
a bond to cover the cost of care for the animal
HAW. REV. STAT. § 711-1109.2
Upon conviction, the court may order

defendant to forfeit mistreated animal as well
as other animals in defendant’s possession
HAW. REV. STAT. § 711-1110.5
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HAWAII continued
11. LAW ENFORCEMENT POLICIES Appointed humane agents may make arrests
HAW. REV. STAT. § 711-1110
13. FIGHTING Various animal fighting or baiting activities

are misdemeanors
HAW. REV. STAT. § 711-1109(1)(d)
Various dog fighting activities are class C

felonies
HAW. REV. STAT. § 711-1109.3
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HAW. REV. STAT. § 143-2.6 (2009). Animal desertion.
It shall be unlawful for the owner of any animal or any person in possession of an animal that
belongs to another person to leave the animal without the intention of returning to it.
Any person who violates this section shall be guilty of a petty misdemeanor.
HAW. REV. STAT. § 711-1100 (2009). Definitions.
In this chapter, unless a different meaning is plainly required, or the definition is otherwise
limited by this section:
"Animal" includes every living creature, except a human being.
"Equine animal" means an animal of or belonging to the family Equidae, including horses,
ponies, mules, donkeys, asses, burros, and zebras.
"Facsimile" means a document produced by a receiver of signals transmitted over

telecommunication lines, after translating the signals, to produce a duplicate of an original
document.
"Necessary sustenance" means care sufficient to preserve the health and well-being of a pet
animal, except for emergencies or circumstances beyond the reasonable control of the owner or
caretaker of the pet animal, and includes but is not limited to the following requirements:
(1) Food of sufficient quantity and quality to allow for normal growth or maintenance of
body weight;
(2) Open or adequate access to water in sufficient quantity and quality to satisfy the
animal's needs;
(3) Access to protection from wind, rain, or sun; and
(4) An area of confinement that has adequate space necessary for the health of the
animal and is kept reasonably clean and free from excess waste or other contaminants
that could affect the animal's health.
"Obstructs" means renders impassable without unreasonable inconvenience or hazard.
"Pet animal" means a dog, cat, domesticated rabbit, guinea pig, domesticated pig, or caged
birds (passeriformes, piciformes, and psittaciformes only) so long as not bred for consumption.
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"Private place" means a place where one may reasonably expect to be safe from casual or
hostile intrusion or surveillance, but does not include a place to which the public or a
substantial group thereof has access.
"Public" means affecting or likely to affect a substantial number of persons.
"Public place" means a place to which the public or a substantial group of persons has access
and includes highways, transportation facilities, schools, places of amusement or business,
parks, playgrounds, prisons, and hallways, lobbies, and other portions of apartment houses and
hotels not constituting rooms or apartments designed for actual residence.
"Record", for the purposes of sections 711-1110.9 and 711-1111, means to videotape, film,
photograph, or archive electronically or digitally.
"Torment" means fail to attempt to mitigate substantial bodily injury with respect to a person
who has a duty of care to the animal.
"Torture" includes every act, omission, or neglect whereby unjustifiable physical pain, suffering,
or death is caused or permitted.
HAW. REV. STAT. § 711-1108.5 (2009). 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.
(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.
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HAW. REV. STAT. § 711-1109 (2009). 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 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
(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:

(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.
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(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. § 711-1109.6 (2009). Animal hoarding. [Repealed effective July 1, 2011].
(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.
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2. PENALTIES
HAW. REV. STAT. § 706-640 (2009). Authorized fines.
(1) A person who has been convicted of an offense may be sentenced to pay a fine not exceeding:
(a) $50,000, when the conviction is of a class A felony, murder in the first or second
degree, or attempted murder in the first or second degree;
(b) $25,000, when the conviction is of a class B felony;
(c) $10,000, when the conviction is of a class C felony;
(d) $2,000, when the conviction is of a misdemeanor;
(e) $1,000, when the conviction is of a petty misdemeanor or a violation;
(f) Any higher amount equal to double the pecuniary gain derived from the offense by the
defendant;
(g) Any higher or lower amount specifically authorized by statute.
(2) Notwithstanding section 706-641, the court shall impose a mandatory fine upon any
defendant convicted of theft in the first or second degree committed by receiving stolen property
as set forth in section 708-830(7). The fine imposed shall be the greater of double the value of
the stolen property received or $25,000 in the case of a conviction for theft in the first degree; or
the greater of double the value of the stolen property received or $10,000 in the case of a
conviction for theft in the second degree. The mandatory fines imposed by this subsection shall
not be reduced except and only to the extent that payment of the fine prevents the defendant from
making restitution to the victim of the offense, or that the defendant's property, real or otherwise,
has been forfeited under chapter 712A as a result of the same conviction for which the defendant
is being fined under this subsection. Consequences for nonpayment shall be governed by section
706-644; provided that the court shall not reduce the fine under section 706-644(4) or 706-645.
HAW. REV. STAT. § 706-660 (2009). Sentence of imprisonment for class B and C felonies;
ordinary terms.
A person who has been convicted of a class B or class C felony may be sentenced to an
indeterminate term of imprisonment except as provided for in section 706-660.1 relating to the
use of firearms in certain felony offenses and section 706-606.5 relating to repeat offenders.
When ordering such a sentence, the court shall impose the maximum length of imprisonment
which shall be as follows:
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(1) For a class B felony - 10 years; and
(2) For a class C felony - 5 years.
The minimum length of imprisonment shall be determined by the Hawaii paroling authority in
accordance with section 706-669.
HAW. REV. STAT. § 706-663 (2009). Sentence of imprisonment for misdemeanor and petty
misdemeanor.
After consideration of the factors set forth in sections 706-606 and 706-621, the court may
sentence a person who has been convicted of a misdemeanor or a petty misdemeanor to
imprisonment for a definite term to be fixed by the court and not to exceed one year in the case
of a misdemeanor or thirty days in the case of a petty misdemeanor.
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3. EXEMPTIONS

other pests;
used;
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inhumane manner;
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
(1)(g).

(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.
HAW. REV. STAT. § 711-1109.3 (2009). 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.
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(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
(3) Violation of this section shall be a class C felony.
(4) If there is any conflict between this section and section 711-1109, or any other provision of
law, this section shall apply.
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HAW. REV. STAT. § 586-4 (2009). Temporary Restraining Orders.
(a) Upon petition to a family court judge, an ex parte temporary restraining order may be
granted without notice to restrain either or both parties from contacting, threatening, or
physically abusing each other, notwithstanding that a complaint for annulment, divorce, or
separation has not been filed. The order may be granted to any person who, at the time the order
is granted, is a family or household member as defined in section 586-1 or who filed a petition
on behalf of a family or household member. The order shall enjoin the respondent or person to be
restrained from performing any combination of the following acts:
(1) Contacting, threatening, or physically abusing the protected party;
(2) Contacting, threatening, or physically abusing any person residing at the protected
party's residence; or
(3) Entering or visiting the protected party's residence.
The ex parte temporary restraining order may also enjoin or restrain both of the parties from
taking, concealing, removing, threatening, physically abusing, or otherwise disposing of any
animal identified to the court as belonging to a household, until further order of the court.
(b) For any person who is alleged to be a family or household member by virtue of a dating
relationship, the court may consider the following factors in determining whether a dating
relationship exists:
(1) The length of the relationship;
(2) The nature of the relationship; and
(3) The frequency of the interaction between the parties.
(c) The family court judge may issue the ex parte temporary restraining order orally, if the
person being restrained is present in court. The order shall state that there is probable cause to
believe that a past act or acts of abuse have occurred, or that threats of abuse make it probable
that acts of abuse may be imminent. The order further shall state that the temporary restraining
order is necessary for the purposes of: preventing acts of abuse or preventing a recurrence of
actual domestic abuse; and ensuring a period of separation of the parties involved. The order
shall also describe in reasonable detail the act or acts sought to be restrained. Where necessary,
the order may require either or both of the parties involved to leave the premises during the
period of the order; may also restrain the party or parties to whom it is directed from contacting,
threatening, or physically abusing the applicant's family or household members; and may enjoin
or restrain both parties from taking, concealing, removing, threatening, physically abusing, or
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otherwise disposing of any animal identified to the court as belonging to a household, until
further order of the court. The order shall not only be binding upon the parties to the action, but
also upon their officers, agents, servants, employees, attorneys, or any other persons in active
concert or participation with them. The order shall enjoin the respondent or person to be
party's residence;
(3) Entering or visiting the protected party's residence; or
(4) Taking, concealing, removing, threatening, physically abusing, or otherwise

disposing of any animal identified to the court as belonging to a household, until further
order of the court.
(d) If a divorce or a child custody proceeding is pending, a petition for a temporary restraining
order may be filed in that same proceeding to the extent practicable. Any decree or order issued
in a divorce or child custody proceeding subsequent to the petition being filed or an order being
issued pursuant to this section, in the discretion of the court hearing the divorce or child custody
proceeding, may supersede in whole or part the orders issued pursuant to this section. The
factual findings and rulings made in connection with the granting or denying of a temporary
restraining order may not have binding effect in any other family court proceeding, including
child custody determinations under section 571-46, and the court in such proceedings may give
de novo consideration to the facts and circumstances alleged in making later determinations
affecting the parties, including determination of custody and visitation.
(e) When a temporary restraining order is granted and the respondent or person to be restrained
knows of the order, a knowing or intentional violation of the restraining order is a misdemeanor.
A person convicted under this subsection shall undergo domestic violence intervention at any
available domestic violence program as ordered by the court. The court additionally shall
sentence a person convicted under this subsection as follows:
(1) For a first conviction for violation of the temporary restraining order, the person shall
serve a mandatory minimum jail sentence of forty-eight hours and be fined not less than
$150 nor more than $500; provided that the court shall not sentence a defendant to pay a
fine unless the defendant is or will be able to pay the fine; and
(2) For the second and any subsequent conviction for violation of the temporary
restraining order, the person shall serve a mandatory minimum jail sentence of thirty days
and be fined not less than $250 nor more than $1,000; provided that the court shall not
sentence a defendant to pay a fine unless the defendant is or will be able to pay the fine.
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Upon conviction and sentencing of the defendant, the court shall order that the defendant
immediately be incarcerated to serve the mandatory minimum sentence imposed; provided that
the defendant may be admitted to bail pending appeal pursuant to chapter 804. The court may
stay the imposition of the sentence if special circumstances exist.
The court may suspend any jail sentence, except for the mandatory sentences under paragraphs
(1) and (2), upon condition that the defendant remain alcohol and drug-free, conviction-free, or
complete court-ordered assessments or intervention. Nothing in this subsection shall be
construed as limiting the discretion of the judge to impose additional sanctions authorized in
sentencing for a misdemeanor.
If the court finds that the defendant has knowledge of the location of any protected party's
residence, place of employment, or school, in addition to any other penalties provided in this
subsection, the court may, as a condition of probation, prohibit contact with the protected party
through the establishment of court-defined geographic exclusion zones, including the areas in
and around the protected party's residence, place of employment, or school, and order that the
defendant wear a global positioning satellite tracking device designed to transmit and record the
defendant's location data. If the defendant enters a court-defined geographic exclusion zone, the
defendant's location data shall be immediately transmitted to the protected party and to the police
through any appropriate means, including the telephone, an electronic beeper, or a paging
device. The global positioning satellite tracking device and its tracking shall be administered by
the court. If a court finds that the defendant has entered a geographic exclusion zone, the court
shall revoke the probation and the defendant shall be fined, imprisoned, or both, as provided in
this subsection. Based on the defendant's ability to pay, the court may also order the defendant to
pay the monthly costs or portion thereof for monitoring by the global positioning satellite
tracking system.
(f) Any fines collected pursuant to subsection [(e)] shall be deposited into the spouse and child
abuse special account established under sections 601-3.6.
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HAW. REV. STAT. § 711-1109.2 (2009). Forfeiture of animal prior to disposition of criminal
charges. [Repealed effective July 1, 2011].
(1) If any pet animal is impounded pursuant to section 711-1109.1, prior to final disposition of
the criminal charge under section 711-1108.5, 711-1109, 711-1109.3, or 711-1109.1, against the
pet animal's owner, any duly incorporated humane society or duly incorporated society for the
prevention of cruelty to animals that is holding the pet animal may file a petition in the criminal
action requesting that the court issue an order for forfeiture of the pet animal to the county or to
the duly incorporated humane society or duly incorporated society for the prevention of cruelty
to animals prior to final disposition of the criminal charge. The petitioner shall serve a true copy
of the petition upon the defendant and the prosecuting attorney.
(2) Upon receipt of a petition pursuant to subsection (1), the court shall set a hearing on the
petition. The hearing shall be conducted within fourteen days after the filing of the petition, or as
soon as practicable.
(3) At a hearing conducted pursuant to subsection (2), the petitioner shall have the burden of
establishing probable cause that the pet animal was subjected to a violation of section 711-
1108.5, 711-1109, 711-1109.3, or 711-1109.1. If the court finds that probable cause exists, the
court shall order immediate forfeiture of the pet animal to the petitioner, unless the defendant,
within seventy-two hours of the hearing:
(a) Posts a security deposit or bond with the court clerk in an amount determined by the
court to be sufficient to repay all reasonable costs incurred, and anticipated to be
incurred, by the petitioner in caring for the pet animal from the date of initial
impoundment to the date of trial; or
(b) Demonstrates to the court that proper alternative care has been arranged for the pet
animal.
Notwithstanding subsection (3)(a), a court may waive, for good cause shown, the requirement
that the defendant post a security deposit or bond.
(4) If a security deposit or bond has been posted in accordance with subsection (3)(a), the
petitioner may draw from the security deposit or bond the actual reasonable costs incurred by
the petitioner in caring for the pet animal until the date of final disposition of the criminal
action. If the trial is continued to a later date, any order of continuance shall require the
defendant to post an additional security deposit or bond in an amount determined by the court
that shall be sufficient to repay all additional reasonable costs anticipated to be incurred by the
petitioner in caring for the pet animal until the date of final disposition of the criminal action,
and the petitioner may draw from the additional security deposit or bond as necessary.
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(5) No pet animal may be destroyed by a petitioner under this section prior to final disposition of
the criminal charge under section 711-1108.5, 711-1109, 711-1109.3, or 711-1109.6 against the
pet animal's owner, except in the event that the pet animal is so severely injured that there is no
reasonable probability that its life can be saved.
(6) Forfeiture of a pet animal under this section shall not be subject to the provisions of chapter
712A.
charges. [Effective July 1, 2011].
the criminal charge under section 711-1108.5, 711-1109, or 711-1109.3 against the pet animal's
owner, any duly incorporated humane society or duly incorporated society for the prevention of
cruelty to animals that is holding the pet animal may file a petition in the criminal action
requesting that the court issue an order for forfeiture of the pet animal to the county or to the
duly incorporated humane society or duly incorporated society for the prevention of cruelty to
animals prior to final disposition of the criminal charge. The petitioner shall serve a true copy of
the petition upon the defendant and the prosecuting attorney.
1108.5, 711-1109, or 711-1109.3. If the court finds that probable cause exists, the court shall
order immediate forfeiture of the pet animal to the petitioner, unless the defendant, within
seventy-two hours of the hearing:
animal.
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petitioner may draw from the security deposit or bond the actual reasonable costs incurred by
the petitioner in caring for the pet animal until the date of final disposition of the criminal
action. If the trial is continued to a later date, any order of continuance shall require the
defendant to post an additional security deposit or bond in an amount determined by the court
that shall be sufficient to repay all additional reasonable costs anticipated to be incurred by the
petitioner in caring for the pet animal until the date of final disposition of the criminal action,
and the petitioner may draw from the additional security deposit or bond as necessary.
owner, except in the event that the pet animal is so severely injured that there is no reasonable
probability that its life can be saved.
712A.
HAW. REV. STAT. § 711-1110.5 (2009). Surrender or forfeiture of animals. [Repealed

effective July 1, 2011].
Upon conviction, guilty plea, or plea of nolo contendere for any violation of section 711-1108.5,
711-1109, 711-1109.3, or 711-1109.6:
(1) The court may order the defendant to surrender or forfeit the animal whose treatment was the
basis of the conviction or plea to the custody of a duly incorporated humane society or duly
incorporated society for the prevention of cruelty to animals for the time and under the
conditions as the court shall order; and
(2) The court also may order the defendant to surrender or forfeit any other animals under the
possession, custody, or control of the defendant to the custody of a duly incorporated humane
society or duly incorporated society for the prevention of cruelty to animals for the time and
under the conditions as the court shall order, if there is substantial evidence that the animals are
being abused or neglected.
The court shall order the defendant to reimburse the duly incorporated humane society or duly
incorporated society for the prevention of cruelty to animals for reasonable costs incurred to
care, feed, and house any animal that is surrendered or forfeited pursuant to this section.
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HAW. REV. STAT. § 711-1110.5 (2009). Surrender or forfeiture of animals. [Effective July 1,
2011].
711-1109, or 711-1109.3:
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HAW. REV. STAT. § 711-1109.1 (2009). Authority to enter premises; notice of impoundment
of animal; damage resulting from entry. [Repealed effective July 1, 2011]
(1) If there is probable cause to believe that a pet animal is being subjected to treatment in
violation of section 711-1108.5, 711-1109, 711-1109.3, or 711-1109.2, a law enforcement
officer, after obtaining a search warrant or in any other manner authorized by law, may enter
the premises where the pet animal is located to provide the pet animal with food, water, and
emergency medical treatment or to impound the pet animal. If after reasonable effort, the owner
or person having custody of the pet animal cannot be found and notified of the impoundment, an
impoundment notice shall be conspicuously posted on the premises and within seventy-two hours
after posting, the notice shall be sent by certified mail to the address, if any, from which the pet
animal was removed.
(2) A law enforcement officer is not liable for any damage resulting from an entry under
subsection (1), unless the damage resulted from intentional or reckless behavior on behalf of the
law enforcement officer.
(3) A court may order a pet animal impounded under subsection (1) to be held at a duly
incorporated humane society or duly incorporated society for the prevention of cruelty to
animals. A facility receiving the pet animal shall provide adequate food and water and may
provide veterinary care.
(4) For purposes of this section, "law enforcement officer" shall have the same meaning as
section 710-1000.
of animal; damage resulting from entry [Effective July 1, 2011]
violation of section 711-1108.5, 711-1109, 711-1109.3, a law enforcement officer, after
obtaining a search warrant or in any other manner authorized by law, may enter the premises
where the pet animal is located to provide the pet animal with food, water, and emergency
medical treatment or to impound the pet animal. If after reasonable effort, the owner or person
having custody of the pet animal cannot be found and notified of the impoundment, an
impoundment notice shall be conspicuously posted on the premises and within seventy-two hours
after posting, the notice shall be sent by certified mail to the address, if any, from which the pet
animal was removed.
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section 710-1000.
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animal.
petitioner may draw from the security deposit or bond the actual reasonable costs incurred by the
petitioner in caring for the pet animal until the date of final disposition of the criminal action. If
the trial is continued to a later date, any order of continuance shall require the defendant to post
an additional security deposit or bond in an amount determined by the court that shall be
sufficient to repay all additional reasonable costs anticipated to be incurred by the petitioner in
caring for the pet animal until the date of final disposition of the criminal action, and the
petitioner may draw from the additional security deposit or bond as necessary.
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712A.
animal.
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712A.

711-1109, 711-1109.3, or 711-1109.6:
(1) The court may order the defendant to surrender or forfeit the animal whose treatment was
the basis of the conviction or plea to the custody of a duly incorporated humane society or duly
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2011].
711-1109, or 711-1109.3:
(1) The court may order the defendant to surrender or forfeit the animal whose treatment was
the basis of the conviction or plea to the custody of a duly incorporated humane society or duly
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-----
-----
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HAW. REV. STAT. § 711-1110 (2009). Relating to agent of society.
The agent of any society which is formed or incorporated for the prevention of cruelty to
animals, upon being appointed thereto by the president of such society in any district in the
State, may within such district make arrests and bring before any district judge thereof offenders
found violating the provisions of section 711-1109 to be dealt with according to law.
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12. SEXUAL ASSAULT
-----
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13. FIGHTING
other pests;
used;
inhumane manner;
(1)(g).

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contract.
(a) Owns or trains any dog with the intent that such dog shall be engaged in an
exhibition of fighting with another dog;
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HAW. REV. STAT. § 143-2.6 (2009). Animal desertion.
It shall be unlawful for the owner of any animal or any person in possession of an animal that
belongs to another person to leave the animal without the intention of returning to it.
Any person who violates this section shall be guilty of a petty misdemeanor.
HAW. REV. STAT. § 586-4 (2009). Temporary Restraining Orders.
(a) Upon petition to a family court judge, an ex parte temporary restraining order may be granted
without notice to restrain either or both parties from contacting, threatening, or physically
abusing each other, notwithstanding that a complaint for annulment, divorce, or separation has
not been filed. The order may be granted to any person who, at the time the order is granted, is a
family or household member as defined in section 586-1 or who filed a petition on behalf of a
family or household member. The order shall enjoin the respondent or person to be restrained
from performing any combination of the following acts:
party's residence; or
(3) Entering or visiting the protected party's residence.
The ex parte temporary restraining order may also enjoin or restrain both of the parties from
taking, concealing, removing, threatening, physically abusing, or otherwise disposing of any
animal identified to the court as belonging to a household, until further order of the court.
(b) For any person who is alleged to be a family or household member by virtue of a dating
relationship, the court may consider the following factors in determining whether a dating
relationship exists:
(1) The length of the relationship;
(2) The nature of the relationship; and
(3) The frequency of the interaction between the parties.
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(c) The family court judge may issue the ex parte temporary restraining order orally, if the
person being restrained is present in court. The order shall state that there is probable cause to
believe that a past act or acts of abuse have occurred, or that threats of abuse make it probable
that acts of abuse may be imminent. The order further shall state that the temporary restraining
order is necessary for the purposes of: preventing acts of abuse or preventing a recurrence of
actual domestic abuse; and ensuring a period of separation of the parties involved. The order
shall also describe in reasonable detail the act or acts sought to be restrained. Where necessary,
the order may require either or both of the parties involved to leave the premises during the
period of the order; may also restrain the party or parties to whom it is directed from contacting,
threatening, or physically abusing the applicant's family or household members; and may enjoin
or restrain both parties from taking, concealing, removing, threatening, physically abusing, or
otherwise disposing of any animal identified to the court as belonging to a household, until
further order of the court. The order shall not only be binding upon the parties to the action, but
also upon their officers, agents, servants, employees, attorneys, or any other persons in active
concert or participation with them. The order shall enjoin the respondent or person to be
party's residence;
(3) Entering or visiting the protected party's residence; or
(4) Taking, concealing, removing, threatening, physically abusing, or otherwise disposing

of any animal identified to the court as belonging to a household, until further order of
the court.
(d) If a divorce or a child custody proceeding is pending, a petition for a temporary restraining
order may be filed in that same proceeding to the extent practicable. Any decree or order issued
in a divorce or child custody proceeding subsequent to the petition being filed or an order being
issued pursuant to this section, in the discretion of the court hearing the divorce or child custody
proceeding, may supersede in whole or part the orders issued pursuant to this section. The
factual findings and rulings made in connection with the granting or denying of a temporary
restraining order may not have binding effect in any other family court proceeding, including
child custody determinations under section 571-46, and the court in such proceedings may give
de novo consideration to the facts and circumstances alleged in making later determinations
affecting the parties, including determination of custody and visitation.
(e) When a temporary restraining order is granted and the respondent or person to be restrained
knows of the order, a knowing or intentional violation of the restraining order is a misdemeanor.
A person convicted under this subsection shall undergo domestic violence intervention at any
available domestic violence program as ordered by the court. The court additionally shall
sentence a person convicted under this subsection as follows:
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(1) For a first conviction for violation of the temporary restraining order, the person shall
serve a mandatory minimum jail sentence of forty-eight hours and be fined not less than
$150 nor more than $500; provided that the court shall not sentence a defendant to pay a
fine unless the defendant is or will be able to pay the fine; and
(2) For the second and any subsequent conviction for violation of the temporary
restraining order, the person shall serve a mandatory minimum jail sentence of thirty days
and be fined not less than $250 nor more than $1,000; provided that the court shall not
sentence a defendant to pay a fine unless the defendant is or will be able to pay the fine.
Upon conviction and sentencing of the defendant, the court shall order that the defendant
immediately be incarcerated to serve the mandatory minimum sentence imposed; provided that
the defendant may be admitted to bail pending appeal pursuant to chapter 804. The court may
stay the imposition of the sentence if special circumstances exist.
The court may suspend any jail sentence, except for the mandatory sentences under paragraphs
(1) and (2), upon condition that the defendant remain alcohol and drug-free, conviction-free, or
complete court-ordered assessments or intervention. Nothing in this subsection shall be
construed as limiting the discretion of the judge to impose additional sanctions authorized in
sentencing for a misdemeanor.
If the court finds that the defendant has knowledge of the location of any protected party's
residence, place of employment, or school, in addition to any other penalties provided in this
subsection, the court may, as a condition of probation, prohibit contact with the protected party
through the establishment of court-defined geographic exclusion zones, including the areas in
and around the protected party's residence, place of employment, or school, and order that the
defendant wear a global positioning satellite tracking device designed to transmit and record the
defendant's location data. If the defendant enters a court-defined geographic exclusion zone, the
defendant's location data shall be immediately transmitted to the protected party and to the police
through any appropriate means, including the telephone, an electronic beeper, or a paging
device. The global positioning satellite tracking device and its tracking shall be administered by
the court. If a court finds that the defendant has entered a geographic exclusion zone, the court
shall revoke the probation and the defendant shall be fined, imprisoned, or both, as provided in
this subsection. Based on the defendant's ability to pay, the court may also order the defendant to
pay the monthly costs or portion thereof for monitoring by the global positioning satellite
tracking system.
(f) Any fines collected pursuant to subsection [(e)] shall be deposited into the spouse and child
abuse special account established under sections 601-3.6.
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HAW. REV. STAT. § 706-640 (2009). Authorized fines.
(1) A person who has been convicted of an offense may be sentenced to pay a fine not
exceeding:
(a) $50,000, when the conviction is of a class A felony, murder in the first or second
degree, or attempted murder in the first or second degree;
(b) $25,000, when the conviction is of a class B felony;
(c) $10,000, when the conviction is of a class C felony;
(d) $2,000, when the conviction is of a misdemeanor;
(e) $1,000, when the conviction is of a petty misdemeanor or a violation;
(f) Any higher amount equal to double the pecuniary gain derived from the offense by the
defendant;
(g) Any higher or lower amount specifically authorized by statute.
(2) Notwithstanding section 706-641, the court shall impose a mandatory fine upon any
defendant convicted of theft in the first or second degree committed by receiving stolen property
as set forth in section 708-830(7). The fine imposed shall be the greater of double the value of
the stolen property received or $25,000 in the case of a conviction for theft in the first degree; or
the greater of double the value of the stolen property received or $10,000 in the case of a
conviction for theft in the second degree. The mandatory fines imposed by this subsection shall
not be reduced except and only to the extent that payment of the fine prevents the defendant from
making restitution to the victim of the offense, or that the defendant's property, real or otherwise,
has been forfeited under chapter 712A as a result of the same conviction for which the defendant
is being fined under this subsection. Consequences for nonpayment shall be governed by section
706-644; provided that the court shall not reduce the fine under section 706-644(4) or 706-645.
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HAW. REV. STAT. § 706-660 (2009). Sentence of imprisonment for class B and C felonies;
ordinary terms.
A person who has been convicted of a class B or class C felony may be sentenced to an
indeterminate term of imprisonment except as provided for in section 706-660.1 relating to the
use of firearms in certain felony offenses and section 706-606.5 relating to repeat offenders.
When ordering such a sentence, the court shall impose the maximum length of imprisonment
which shall be as follows:
(1) For a class B felony - 10 years; and
(2) For a class C felony - 5 years.
The minimum length of imprisonment shall be determined by the Hawaii paroling authority in
accordance with section 706-669.
HAW. REV. STAT. § 706-663 (2009). Sentence of imprisonment for misdemeanor and petty
misdemeanor.
After consideration of the factors set forth in sections 706-606 and 706-621, the court may
sentence a person who has been convicted of a misdemeanor or a petty misdemeanor to
imprisonment for a definite term to be fixed by the court and not to exceed one year in the case
of a misdemeanor or thirty days in the case of a petty misdemeanor.
HAW. REV. STAT. § 711-1100 (2009). Definitions.
In this chapter, unless a different meaning is plainly required, or the definition is otherwise
limited by this section:
"Animal" includes every living creature, except a human being.
"Equine animal" means an animal of or belonging to the family Equidae, including horses,
ponies, mules, donkeys, asses, burros, and zebras.
"Facsimile" means a document produced by a receiver of signals transmitted over

telecommunication lines, after translating the signals, to produce a duplicate of an original
document.
"Necessary sustenance" means care sufficient to preserve the health and well-being of a pet
animal, except for emergencies or circumstances beyond the reasonable control of the owner or
caretaker of the pet animal, and includes but is not limited to the following requirements:
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(1) Food of sufficient quantity and quality to allow for normal growth or maintenance of
body weight;
(2) Open or adequate access to water in sufficient quantity and quality to satisfy the
animal's needs;
(3) Access to protection from wind, rain, or sun; and
(4) An area of confinement that has adequate space necessary for the health of the animal
and is kept reasonably clean and free from excess waste or other contaminants that could
affect the animal's health.
"Obstructs" means renders impassable without unreasonable inconvenience or hazard.
"Pet animal" means a dog, cat, domesticated rabbit, guinea pig, domesticated pig, or caged birds
(passeriformes, piciformes, and psittaciformes only) so long as not bred for consumption.
"Private place" means a place where one may reasonably expect to be safe from casual or hostile
intrusion or surveillance, but does not include a place to which the public or a substantial group
thereof has access.
"Public" means affecting or likely to affect a substantial number of persons.
"Public place" means a place to which the public or a substantial group of persons has access and
includes highways, transportation facilities, schools, places of amusement or business, parks,
playgrounds, prisons, and hallways, lobbies, and other portions of apartment houses and hotels
not constituting rooms or apartments designed for actual residence.
"Record", for the purposes of sections 711-1110.9 and 711-1111, means to videotape, film,
photograph, or archive electronically or digitally.
"Torment" means fail to attempt to mitigate substantial bodily injury with respect to a person
who has a duty of care to the animal.
"Torture" includes every act, omission, or neglect whereby unjustifiable physical pain, suffering,
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other pests;
used;
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inhumane manner;
(1)(g).

contract.
of animal; damage resulting from entry. [Repealed effective July 1, 2011]
violation of section 711-1108.5, 711-1109, 711-1109.3, or 711-1109.2, a law enforcement
officer, after obtaining a search warrant or in any other manner authorized by law, may enter the
premises where the pet animal is located to provide the pet animal with food, water, and
emergency medical treatment or to impound the pet animal. If after reasonable effort, the owner
or person having custody of the pet animal cannot be found and notified of the impoundment, an
impoundment notice shall be conspicuously posted on the premises and within seventy-two
hours after posting, the notice shall be sent by certified mail to the address, if any, from which
the pet animal was removed.
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section 710-1000.
of animal; damage resulting from entry [Effective July 1, 2011]
violation of section 711-1108.5, 711-1109, 711-1109.3, a law enforcement officer, after
obtaining a search warrant or in any other manner authorized by law, may enter the premises
where the pet animal is located to provide the pet animal with food, water, and emergency
medical treatment or to impound the pet animal. If after reasonable effort, the owner or person
having custody of the pet animal cannot be found and notified of the impoundment, an
impoundment notice shall be conspicuously posted on the premises and within seventy-two
hours after posting, the notice shall be sent by certified mail to the address, if any, from which
the pet animal was removed.
section 710-1000.
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animal.
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712A.
animal.
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712A.
(a) Owns or trains any dog with the intent that such dog shall be engaged in an exhibition
of fighting with another dog;
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HAW. REV. STAT. § 711-1109.6 (2009). Animal hoarding. [Repealed effective July 1, 2011].
(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.
HAW. REV. STAT. § 711-1110 (2009). Relating to agent of society.
The agent of any society which is formed or incorporated for the prevention of cruelty to
animals, upon being appointed thereto by the president of such society in any district in the State,
may within such district make arrests and bring before any district judge thereof offenders found
violating the provisions of section 711-1109 to be dealt with according to law.

711-1109, 711-1109.3, or 711-1109.6:
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2011].
711-1109, or 711-1109.3:
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ANIMAL PROTECTION LAWS OF IDAHO
ANIMAL PROTECTION LAWS OF IDAHO
2. PENALTIES
3. EXEMPTIONS
12. SEXUAL ASSAULT
13. FIGHTING
This chapter contains Idaho’s general animal protection and related statutes enacted prior to November 2009. It begins
Idaho may employ similar provisions within other non-animal-specific criminal and civil statutes; may have other more

USA Map
IDAHO

Poisoning animals
IDAHO CODE § 25-3503
(2)
Cruelty to animals
(3)
Carrying animal in a cruel manner or
otherwise subjecting it to cruelty
(4)
Impounding without food or water
(5)
Permitting animals to go without care
(6)
Beating and harassing animals
Animals Covered in Definition A[A]ny vertebrate member of the animal

kingdom, except man@
IDAHO CODE § 25-3502(2)

Misdemeanor or Felony
(2) - (6)
Misdemeanor
ID-3
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IDAHO continued

[Misdemeanor]:
1 years jail
and/or
$5,000 fine
[Felony]:
3 years prison
and/or
$5,000 fine
----------
(2) - (6)
[1st offense]:
6 months jail
and/or
$5,000 fine
IDAHO CODE § 25-3520A
[2nd offense]:
9 months jail
and/or
$7,000 fine
[3rd and subsequent offenses]:

1 year jail
and/or
$9,000 fine
3. EXEMPTIONS *** 1, 2, 3, 4, 5, 6, 7, 8, 9
IDAHO CODE §§ 25-3514, 25-3515
ID-4
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IDAHO continued
6. RESTITUTION / REIMBURSEMENT Owner or keeper is responsible for reasonable

H
costs of care and seizure for impounded
animals
IDAHO CODE § 25-3520B
Defendant may post a security bond for costs

of care from impoundment to the date of trial,
which may be used for actual reasonable
costs of care
7. SEIZURE / ON-SITE SUPERVISION In cases involving mistreatment of

“production animals,” the department of
agriculture must give approval before seizure
occurs
Officers must seize animals being cruelly

transported once person transporting them is
arrested
Peace officers or qualified humane officer

may seize cruelly treated or neglected
animals, subject to restrictions in 25-3501A
IDAHO CODE §§ 25-3504, 25-3511, 25-3520B
Search warrants must be issued in cases of

probable cause
ID-5
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IDAHO continued
8. FORFEITURE / POSSESSIONH If after due process a responsible owner can

not be found, abandoned animals may be
offered for adoption or be euthanized

forfeiture of the mistreated animal and any
other animals owned or possessed by the
defendant at the time of the offense
IDAHO CODE § 25-3520A(4)
The court, prior to disposition of criminal

charges, may order forfeiture of an
impounded animal, if the court finds that
probable cause of mistreatment existed and
the defendant fails to issue a bond for costs of
care
10. VETERINARIAN REPORTING / IMMUNITY Veterinarians not liable for investigations of

cruelty, unless accompanied by bad faith or
malice
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IDAHO continued
11. LAW ENFORCEMENT POLICIES The department of agriculture, division of

animal industries is responsible for the
administration of the provisions of this
chapter and shall inform the public and
animal owners concerning their legal
responsibilities, and in cooperation with local
law enforcement, investigate and develop
cases for prosecution
In cases involving mistreatment of

“production animals,” the department of
agriculture must give approval before
enforcement of laws or seizure occurs
Animal control officers must comply with the

same constitutional and statutory restrictions
concerning the execution of police powers
imposed on law enforcement officers
Sheriff, police, peace officers, or animal

control officers may make arrests
Representatives of the division of animal

industries are authorized to enter any
premises in this state, with the owner’s
permission, to investigate alleged violations.
If permission is not granted, representatives
may call upon law enforcement to assist
12. SEXUAL ASSAULT Sexually assaulting an animal is a felony

ID-7
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IDAHO continued
13. FIGHTING Various cockfighting activities are

misdemeanors
Various dogfighting activities felonies;

spectatorship is a misdemeanor
Any qualified peace officer may enter any

building or tenement where there is an
exhibition of the fighting of birds or animals
or where preparations are being made for
such an exhibition, and without a warrant,
arrest all persons
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IDAHO CODE § 25-3502 (2009). Definitions
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;
(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.
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(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.
IDAHO CODE § 25-3503 (2009). Poisoning animals.
Every person who willfully 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).
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IDAHO CODE § 25-3504 (2009). Committing cruelty to animals
Every person who is cruel to any animal, or 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 § 25-3505 (2009). Carrying in a cruel manner--Seizure, expenses, lien
Whoever carries or causes to be carried in or upon any vehicle or otherwise any animal in a
cruel manner, or knowingly and willfully authorizes or permits it to be subjected to cruelty of
any kind, is guilty of a misdemeanor and shall, upon conviction, be punished in accordance with
section 25-3520A, Idaho Code. Subject to the restrictions of section 25-3501A, Idaho Code,
charge of such vehicle, and its contents, and deposit them in some place of custody, and must
take possession of the animal and deposit it in some place of custody until final disposition of the
animal is determined in accordance with section 25-3520A or 25-3520B, Idaho Code.
IDAHO CODE § 25-3510 (2009). Impounding without food or water.
Any person who impounds, or causes to be impounded in any pound, any animal, must supply the
same during such confinement with a sufficient quantity of wholesome food and clean water, and
in default thereof, is guilty of a misdemeanor and shall, upon conviction, be punished in
accordance with section 25-3520A, Idaho Code.
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IDAHO CODE § 25-3511 (2009). Permitting animals to go without care--Abandoned animals
to be humanely destroyed
Every owner, custodian or possessor of any animal, who shall permit the same to be in any
building, enclosure, lane, street, square or lot of any city, county or precinct, without proper
care and attention, as determined by an Idaho licensed veterinarian, or a representative of the
division, shall, on conviction, be deemed guilty of a misdemeanor and shall, upon conviction, be
punished in accordance with section 25-3520A, Idaho Code. It shall be the duty of any law
enforcement officer or animal care and control officer, subject to the restrictions of section 25-
3501A, Idaho Code, to take possession of the animal so abandoned or neglected, and care for the
same until final disposition of such animal is determined in accordance with section 25-3520A or
25-3520B, Idaho Code. Every sick, disabled, infirm or crippled animal which shall be abandoned
in any city, county or precinct, may if after due search no owner can be found therefor, be
humanely destroyed, or other provision made for the animal by or on the order of such officer;
and it shall be the duty of all law enforcement officers or animal care and control officers, to
cause the same to be humanely destroyed, or other provision made therefor, on information of
such abandonment. Subject to the restrictions of section 25-3501A, Idaho Code, such officer
may likewise take charge of any animal that by reason of lameness, sickness, feebleness or
neglect, is unfit for the activity it is performing, or that in any other manner is being cruelly
treated; and, if such animal is not then in custody of its owner, such officer shall give notice
thereof to such owner, if known, and may provide suitable care for such animal until final
Idaho Code. If, in accordance with this section, a responsible owner cannot be found, the animal
may be offered for adoption to a responsible person in lieu of destruction.
IDAHO CODE § 25-3518 (2009). 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.
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2. PENALTIES
IDAHO CODE § 18-111 (2009). Felony, misdemeanor and infraction defined
A felony is a crime which is punishable with death or by imprisonment in the state prison. An
infraction is a civil public offense, not constituting a crime, which is punishable only by a
penalty not exceeding one hundred dollars ($100) and for which no period of incarceration may
be imposed. Every other crime is a misdemeanor. When a crime punishable by imprisonment in
the state prison is also punishable by fine or imprisonment in a county jail, in the discretion of
the court, it shall be deemed a misdemeanor for all purposes after a judgment imposing a
punishment other than imprisonment in the state prison.
IDAHO CODE § 25-3520A (2009). Penalty for violations--Termination of rights
(1) Except as provided in section 25-3503, Idaho Code, any person convicted for a first violation
of any of the provisions of this chapter shall be punished, for each offense, by a jail sentence of
not more than six (6) months or by a fine of not less than one hundred dollars ($100) or more
than five thousand dollars ($5,000), or by both such fine and imprisonment.
(2) Except as provided in section 25-3503, Idaho Code, any person convicted of a second
violation of any of the provisions of this chapter within ten (10) years of the first conviction,
shall be punished for each offense, by a jail sentence of not more than nine (9) months or a fine
of not less than two hundred dollars ($200) or more than seven thousand dollars ($7,000) or
both fine and imprisonment.
(3) Except as provided in section 25-3503, Idaho Code, any person convicted of a third or
subsequent violation, within fifteen (15) years of the first conviction, shall be punished for each
offense by a jail sentence of not more than twelve (12) months or a fine of not less than five
hundred dollars ($500) or more than nine thousand dollars ($9,000) or by both fine and
imprisonment.
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(4) If a person pleads guilty or is found guilty of an offense under this chapter, the court may
issue an order terminating the person's right to possession, title, custody or care of an animal that
was involved in the offense or that was owned or possessed at the time of the offense. If a
person's right to possession, title, custody or care of an animal is terminated, the court may
award the animal to a humane society or other organization that has as its principal purpose the
humane treatment of animals, or may award the animal to a law enforcement agency or animal
care and control agency. The court's award of custody or care of an animal will grant to the
organization or agency the authority to determine custody, adoption, sale or other disposition of
the animal thereafter.
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3. EXEMPTIONS
IDAHO CODE § 25-3514 (2009). Chapter construed not to interfere with normal or legal
practices.
No part of this chapter shall be construed as interfering with or allowing interference with:
(1) Normal or accepted veterinary practices;
(2) The humane slaughter of any animal normally and commonly raised as food or for
production of fiber;
(3) Bona fide experiments or research carried out by professionally recognized private or public
research facilities or institutions;
(4) The humane destruction of an animal which is diseased or disabled beyond recovery for any
useful purpose, or the humane destruction of animals for population control;
(5) Normal or accepted practices of animal identification and animal husbandry;
(6) 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;
(7) The killing of an animal that is vicious by an animal control officer, law enforcement officer
or veterinarian;
(8) The killing or destruction of predatory animals, vermin or other animals or birds which are
injuring or posing a threat to farm or privately owned animals or property, when such killing or
destruction is conducted in accordance with laws and rules covering such animals;
(9) Any other exhibitions, competitions, activities, practices or procedures normally or

commonly considered acceptable. The practices, procedures and activities described in this
section shall not be construed to be cruel nor shall they be defined as cruelty to animals, nor
shall any person engaged in these practices, procedures or activities be charged with cruelty to
animals.
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IDAHO CODE § 25-3514A (2009). Immunity.
Any Idaho licensed veterinarian shall be held harmless from either criminal or civil liability for
any decisions made or services rendered under the provisions of this chapter. Such a
veterinarian is, therefore, protected from a lawsuit for his part in an investigation of cruelty to
animals. Provided however, that a veterinarian who participates or reports in bad faith or with
malice shall not be protected under the provisions of this section.
IDAHO CODE § 25-3515 (2009). Chapter construed not to interfere with game laws.
No part of this chapter shall be construed as interfering with, negating or preempting any of the
laws or rules of the department of fish and game of this state or any law for or against the
destruction of certain birds, nor must this chapter be construed as interfering with the right to
destroy any venomous reptile, or animal known as dangerous to life, limb, or property, or to
interfere with the right to kill, slaughter, bag or take all animals used for food or with properly
conducted scientific experiments or investigations performed under the authority of the faculty of
a regularly incorporated medical college, or university of this state, or any other recognized
research facility or institution.
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IDAHO CODE § 25-3520B (2009). Seizure--Costs--Forfeiture proceedings--Security deposit

or bond-disposition--Procedural guidelines
(1) Any person having authority to enforce this chapter, in accordance with section 25-3501 or
25-3501A, Idaho Code, who has probable cause to believe there has been a violation of section
25-3504, 25-3505, 25- 3506, 25-3507, 25-3510 or 25-3511, Idaho Code, may take custody of the
animal involved.
(2) If any animal is seized under this section, the owner or keeper shall be liable for the
reasonable costs of the seizure and the care, keeping and disposal of the animal. Reasonable
costs shall include, but shall not be limited to, transportation, medical, board, shelter and farrier
costs.
(3) If any animal is in the possession of, and being held by, a law enforcement agency or animal
care and control agency pursuant to the provisions of this chapter, pending the outcome of a
criminal action charging a violation of this chapter, and prior to final disposition of the criminal
charge, the animal care and control agency or law enforcement agency may file a petition in the
criminal case requesting that the court issue an order forfeiting the animal to the law
enforcement agency or animal care and control agency. The petitioner shall serve a true copy of
the petition upon the defendant.
(4) Upon receipt of a petition pursuant to subsection (3) of this section, the court shall set a
hearing on the petition. The hearing shall be conducted within fourteen (14) days after the filing
of the petition, or as soon as practicable. The hearing shall be limited to the question of
forfeiture of the animal.
(5) At a hearing conducted pursuant to subsection (4) of this section, the petitioner shall have
the burden of establishing probable cause to believe that the animal was subjected to a violation
of this chapter. A prior finding of probable cause to proceed on the criminal case will create a
permissive inference that probable cause exists for the forfeiture proceeding. After the hearing,
if the court finds probable cause exists, the court shall order immediate forfeiture of the animal
to the petitioner, unless the defendant, within seventy-two (72) hours of the hearing, posts a
security deposit or bond with the municipal or county treasurer in an amount determined by the
court to be sufficient to repay all reasonable costs incurred, and anticipated to be incurred, for
the care of the animal for at least thirty (30) days inclusive of the day of the initial seizure and
may order anticipated costs up to the time set for trial on the criminal case if requested by the
petitioner. If, after the hearing, the court finds that no probable cause exists, the animal shall be
returned to the owner or keeper of the animal, and the owner or keeper shall not be responsible
for any costs of the seizure, care or treatment, unless the person later pleads guilty to or is found
guilty of a violation of this chapter.
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(6) At the end of the time for which expenses are covered by the security deposit or bond, if the
person owning or keeping the animal desires to prevent disposition of the animal, the owner or
keeper shall post a new security deposit or bond with the municipal or county treasurer which
must be received before the expiration date of the previous security deposit or bond. The court
may correct, alter or otherwise adjust the new security deposit or bond upon a motion made
before the expiration date of the previous security deposit or bond, provided however, no person
may file more than one (1) motion seeking an adjustment to the new security deposit or bond.
(7) If a security deposit or bond has been posted in accordance with this section, the law
enforcement agency or animal care and control agency may draw from that security deposit or
bond reasonable costs in keeping and caring for the animal from the date of the seizure to the
date of final disposition of the animal in the criminal action.
(8) At the end of the time for which expenses are covered by the security deposit or bond, or if
no security deposit or bond has been posted in accordance with this section, the law enforcement
agency or animal care and control agency may determine disposition of the animal. The owner or
keeper of the animal shall be liable for all unpaid reasonable costs of the care, keeping or
disposal of the animal. Posting of the security deposit or bond shall not prevent the law
enforcement agency or animal care and control agency from disposing of the seized or
impounded animal before the expiration of the period covered by the security deposit or bond if
the court orders the forfeiture of the animal or the owner relinquishes the animal.
(9) Upon resolution of the criminal action, remaining funds deposited with the municipal or
county treasurer which have not, and will not be expended in the care, keeping or disposal of the
animal shall be remitted to the owner or keeper of the animal.
(10) Irrespective of any other provision of this section, if in the written determination of a
licensed veterinarian, the animal is experiencing extreme pain or suffering, or is severely injured
or diseased, and therefore not likely to recover, it may be immediately euthanized.
(11) No proceeding under this section shall be used as a basis for a continuance or to delay the
criminal case nor shall proceedings in the criminal case, other than dismissal, be used as a basis
to delay or continue the forfeiture proceeding as provided for in this section. Proceedings under
this section are of a civil nature and governed by the Idaho rules of civil procedure except as to
limitations upon the discovery process. Due to the need to conduct any proceeding necessary
under this section in an expeditious manner, and the right of any criminal defendant to avoid
self-incrimination, any and all discovery requests shall be granted only under authority of the
court. Discovery shall be authorized with the intent to provide the necessary information relating
directly to the evidence for the probable cause proceeding. In no event shall discovery
mechanisms be used to unreasonably burden the opposing party. Discovery mechanisms shall
not include the deposition of any party, witness or representative, the use of interrogatories, or
the demand to inspect any records outside the immediate reports and financial accountings for
the animal in question.
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IDAHO CODE § 25-3501A (2009). Enforcement--Enforcement restrictions
(1) Law enforcement agencies and animal care and control agencies that provide law
enforcement or animal care and control services to a municipality or county, may enforce the
provisions of this chapter in that municipality or county.
(2) Animal care and control officers enforcing this chapter shall comply with the same
constitutional and statutory restrictions concerning the execution of police powers imposed on
law enforcement officers who enforce this chapter and other criminal laws of the state of Idaho.
(3) In cases where production animals are subject to a violation of section 25-3504, 25-3505 or
25-3511, Idaho Code, law enforcement agencies and animal care and control agencies shall not:
(a) Enforce section 25-3504, 25-3505 or 25-3511, Idaho Code, without first obtaining an
inspection and written determination from a department investigator that a violation of
one (1) or more of the sections has occurred or is occurring; or
(b) Take a production animal from a production animal facility, pasture, or rangeland
for a violation of section 25-3504, 25-3505 or 25-3511, Idaho Code, without first
obtaining an inspection and written determination from a department investigator that
such action is in the best interest of the animal.
Editor’s Note: Definition of “production animal” is included in Section (1) above. (See 25-3502(14))

animal involved.
costs.
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of the petition, or as soon as practicable. The hearing shall be limited to the question of forfeiture
of the animal.
(5) At a hearing conducted pursuant to subsection (4) of this section, the petitioner shall have the
burden of establishing probable cause to believe that the animal was subjected to a violation of
this chapter. A prior finding of probable cause to proceed on the criminal case will create a
permissive inference that probable cause exists for the forfeiture proceeding. After the hearing, if
the court finds probable cause exists, the court shall order immediate forfeiture of the animal to
the petitioner, unless the defendant, within seventy-two (72) hours of the hearing, posts a
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Idaho Code.
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Whoever carries or causes to be carried in or upon any vehicle or otherwise any animal in a cruel
manner, or knowingly and willfully authorizes or permits it to be subjected to cruelty of any
kind, is guilty of a misdemeanor and shall, upon conviction, be punished in accordance with

building, enclosure, lane, street, square or lot of any city, county or precinct, without proper care
and attention, as determined by an Idaho licensed veterinarian, or a representative of the
3501A, Idaho Code, to take possession of the animal so abandoned or neglected, and care for
the same until final disposition of such animal is determined in accordance with section 25-
3520A or 25-3520B, Idaho Code. Every sick, disabled, infirm or crippled animal which shall be
abandoned in any city, county or precinct, may if after due search no owner can be found
therefor, be humanely destroyed, or other provision made for the animal by or on the order of
such officer; and it shall be the duty of all law enforcement officers or animal care and control
officers, to cause the same to be humanely destroyed, or other provision made therefor, on
information of such abandonment. Subject to the restrictions of section 25-3501A, Idaho Code,
such officer may likewise take charge of any animal that by reason of lameness, sickness,
feebleness or neglect, is unfit for the activity it is performing, or that in any other manner is
being cruelly treated; and, if such animal is not then in custody of its owner, such officer shall
give notice thereof to such owner, if known, and may provide suitable care for such animal until
final disposition of such animal is determined in accordance with section 25-3520A or 25-
3520B, Idaho Code. If, in accordance with this section, a responsible owner cannot be found, the
animal may be offered for adoption to a responsible person in lieu of destruction.
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IDAHO CODE § 25-3513 (2009). Prosecutions.
When complaint is made on oath, to any magistrate authorized to issue warrants in criminal
cases, that there is probable cause to believe 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, such
officer, or animal control officer, authorizing him to enter and search such building or place,
and to arrest any person there present violating or attempting to violate any law relating
thereto, or in any way affecting animals and to bring such person before some court or
magistrate of competent jurisdiction, within the city or county within which such offense has
been committed or attempted, to be dealt with according to law, and such attempt must be held
to be a misdemeanor and persons so convicted shall be punished in accordance with section 25-
3520A, Idaho Code.
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25-3520B, Idaho Code. Every sick, disabled, infirm or crippled animal which shall be
abandoned in any city, county or precinct, may if after due search no owner can be found
therefor, be humanely destroyed, or other provision made for the animal by or on the order of
such officer; and it shall be the duty of all law enforcement officers or animal care and control
officers, to cause the same to be humanely destroyed, or other provision made therefor, on
information of such abandonment. Subject to the restrictions of section 25-3501A, Idaho Code,
such officer may likewise take charge of any animal that by reason of lameness, sickness,
feebleness or neglect, is unfit for the activity it is performing, or that in any other manner is
being cruelly treated; and, if such animal is not then in custody of its owner, such officer shall
give notice thereof to such owner, if known, and may provide suitable care for such animal until
final disposition of such animal is determined in accordance with section 25-3520A or 25-
3520B, Idaho Code. If, in accordance with this section, a responsible owner cannot be found, the
animal may be offered for adoption to a responsible person in lieu of destruction.
of not less than two hundred dollars ($200) or more than seven thousand dollars ($7,000) or both
fine and imprisonment.
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imprisonment.
issue an order terminating the person's right to possession, title, custody or care of an animal
that was involved in the offense or that was owned or possessed at the time of the offense. If a

animal involved.
costs.
of the petition, or as soon as practicable. The hearing shall be limited to the question of
forfeiture of the animal.
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(5) At a hearing conducted pursuant to subsection (4) of this section, the petitioner shall have
the burden of establishing probable cause to believe that the animal was subjected to a violation
of this chapter. A prior finding of probable cause to proceed on the criminal case will create a
permissive inference that probable cause exists for the forfeiture proceeding. After the hearing,
if the court finds probable cause exists, the court shall order immediate forfeiture of the animal
to the petitioner, unless the defendant, within seventy-two (72) hours of the hearing, posts a
(8) At the end of the time for which expenses are covered by the security deposit or bond, or if no
security deposit or bond has been posted in accordance with this section, the law enforcement
agency or animal care and control agency may determine disposition of the animal. The owner
or keeper of the animal shall be liable for all unpaid reasonable costs of the care, keeping or
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any decisions made or services rendered under the provisions of this chapter. Such a
veterinarian is, therefore, protected from a lawsuit for his part in an investigation of cruelty to
animals. Provided however, that a veterinarian who participates or reports in bad faith or with
malice shall not be protected under the provisions of this section.
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IDAHO CODE § 25-3501 (2009). Administration
The Idaho state department of agriculture, division of animal industries shall be responsible for
the administration of the provisions of this chapter and shall inform the public and animal
owners concerning their legal responsibilities, and in cooperation with local law enforcement,
investigate and develop cases for prosecution. The division shall be authorized to call upon any
peace officer in the state to aid in fulfillment of the requirements of this chapter and refer cases
for prosecution to the appropriate authority. The foregoing shall not be construed to preclude
county or local officials, acting upon their own authority, from investigating, developing cases
and prosecuting violations of this chapter that occur in their jurisdiction. The cost to the
department for administering the provisions of this chapter shall be borne by the citizens of this
state through the appropriation of general funds for administration, personnel, travel, equipment
and supplies. No provision of this chapter relating to law enforcement agencies and animal care
and control agencies shall be construed to preclude the authority of agencies or entities
recognized in this section.
(b) Take a production animal from a production animal facility, pasture, or rangeland
for a violation of section 25-3504, 25-3505 or 25-3511, Idaho Code, without first
obtaining an inspection and written determination from a department investigator that
such action is in the best interest of the animal.
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officer, or animal control officer, authorizing him to enter and search such building or place,
and to arrest any person there present violating or attempting to violate any law relating
thereto, or in any way affecting animals and to bring such person before some court or
magistrate of competent jurisdiction, within the city or county within which such offense has
been committed or attempted, to be dealt with according to law, and such attempt must be held
to be a misdemeanor and persons so convicted shall be punished in accordance with section 25-
3520A, Idaho Code.
IDAHO CODE § 25-3519 (2009). Authority to enter premises and examine animals.
Representatives of the division are authorized and empowered to enter any field, pasture,
feedyard, barn, stable, kennel, cage, yard, vehicle, trailer or other premises in this state where
animals are kept, during normal operating hours, when probable cause exists, with the
permission of the owner, to investigate alleged violations of the provisions of this chapter. If
permission is not granted, said representatives shall be empowered to call on sheriffs, constables
and peace officers to assist them in the discharge of their duties and in carrying out the
provisions of this chapter.
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12. SEXUAL ASSAULT
IDAHO CODE § 18-6605 (2009). 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.
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13. FIGHTING
IDAHO CODE § 25-3506 (2009). 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 § 25-3507 (2009). 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.
(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 § 25-3509 (2009). Arrests without warrants.
Any sheriff, constable, police or peace officer, qualified under the provisions of law to make
arrests may enter any place, building or tenement where there is an exhibition of the fighting of
birds or animals or where preparations are being made for such an exhibition, and without a
warrant, arrest all persons there present.
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IDAHO CODE § 18-111 (2009). Felony, misdemeanor and infraction defined
A felony is a crime which is punishable with death or by imprisonment in the state prison. An
infraction is a civil public offense, not constituting a crime, which is punishable only by a
penalty not exceeding one hundred dollars ($100) and for which no period of incarceration may
be imposed. Every other crime is a misdemeanor. When a crime punishable by imprisonment in
the state prison is also punishable by fine or imprisonment in a county jail, in the discretion of
the court, it shall be deemed a misdemeanor for all purposes after a judgment imposing a
punishment other than imprisonment in the state prison.
IDAHO CODE § 18-6605 (2009). 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 § 25-3501 (2009). Administration
The Idaho state department of agriculture, division of animal industries shall be responsible for
the administration of the provisions of this chapter and shall inform the public and animal
owners concerning their legal responsibilities, and in cooperation with local law enforcement,
investigate and develop cases for prosecution. The division shall be authorized to call upon any
peace officer in the state to aid in fulfillment of the requirements of this chapter and refer cases
for prosecution to the appropriate authority. The foregoing shall not be construed to preclude
county or local officials, acting upon their own authority, from investigating, developing cases
and prosecuting violations of this chapter that occur in their jurisdiction. The cost to the
department for administering the provisions of this chapter shall be borne by the citizens of this
state through the appropriation of general funds for administration, personnel, travel, equipment
and supplies. No provision of this chapter relating to law enforcement agencies and animal care
and control agencies shall be construed to preclude the authority of agencies or entities
recognized in this section.
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(b) Take a production animal from a production animal facility, pasture, or rangeland for
a violation of section 25-3504, 25-3505 or 25-3511, Idaho Code, without first obtaining
an inspection and written determination from a department investigator that such action is
in the best interest of the animal.
IDAHO CODE § 25-3502 (2009). Definitions
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
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;
(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;
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(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
(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.
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Idaho Code.
Whoever carries or causes to be carried in or upon any vehicle or otherwise any animal in a cruel
manner, or knowingly and willfully authorizes or permits it to be subjected to cruelty of any
kind, is guilty of a misdemeanor and shall, upon conviction, be punished in accordance with
IDAHO CODE § 25-3506 (2009). 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.
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IDAHO CODE § 25-3507 (2009). 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.
(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 § 25-3509 (2009). Arrests without warrants.
Any sheriff, constable, police or peace officer, qualified under the provisions of law to make
arrests may enter any place, building or tenement where there is an exhibition of the fighting of
birds or animals or where preparations are being made for such an exhibition, and without a
warrant, arrest all persons there present.
IDAHO CODE § 25-3510 (2009). Impounding without food or water.
Any person who impounds, or causes to be impounded in any pound, any animal, must supply
the same during such confinement with a sufficient quantity of wholesome food and clean water,
and in default thereof, is guilty of a misdemeanor and shall, upon conviction, be punished in
accordance with section 25-3520A, Idaho Code.
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25-3520B, Idaho Code. Every sick, disabled, infirm or crippled animal which shall be abandoned
in any city, county or precinct, may if after due search no owner can be found therefor, be
humanely destroyed, or other provision made for the animal by or on the order of such officer;
and it shall be the duty of all law enforcement officers or animal care and control officers, to
cause the same to be humanely destroyed, or other provision made therefor, on information of
such abandonment. Subject to the restrictions of section 25-3501A, Idaho Code, such officer
may likewise take charge of any animal that by reason of lameness, sickness, feebleness or
neglect, is unfit for the activity it is performing, or that in any other manner is being cruelly
treated; and, if such animal is not then in custody of its owner, such officer shall give notice
thereof to such owner, if known, and may provide suitable care for such animal until final
Idaho Code. If, in accordance with this section, a responsible owner cannot be found, the animal
may be offered for adoption to a responsible person in lieu of destruction.
officer, or animal control officer, authorizing him to enter and search such building or place, and
to arrest any person there present violating or attempting to violate any law relating thereto, or in
any way affecting animals and to bring such person before some court or magistrate of
competent jurisdiction, within the city or county within which such offense has been committed
or attempted, to be dealt with according to law, and such attempt must be held to be a
misdemeanor and persons so convicted shall be punished in accordance with section 25-3520A,
Idaho Code.
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IDAHO CODE § 25-3514 (2009). Chapter construed not to interfere with normal or legal
practices.
No part of this chapter shall be construed as interfering with or allowing interference with:
(2) The humane slaughter of any animal normally and commonly raised as food or for
production of fiber;
(3) Bona fide experiments or research carried out by professionally recognized private or public
research facilities or institutions;
(4) The humane destruction of an animal which is diseased or disabled beyond recovery for any
useful purpose, or the humane destruction of animals for population control;
(5) Normal or accepted practices of animal identification and animal husbandry;
(6) 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;
(7) The killing of an animal that is vicious by an animal control officer, law enforcement officer
or veterinarian;
(8) The killing or destruction of predatory animals, vermin or other animals or birds which are
injuring or posing a threat to farm or privately owned animals or property, when such killing or
destruction is conducted in accordance with laws and rules covering such animals;
(9) Any other exhibitions, competitions, activities, practices or procedures normally or

commonly considered acceptable. The practices, procedures and activities described in this
section shall not be construed to be cruel nor shall they be defined as cruelty to animals, nor shall
any person engaged in these practices, procedures or activities be charged with cruelty to
animals.
any decisions made or services rendered under the provisions of this chapter. Such a veterinarian
is, therefore, protected from a lawsuit for his part in an investigation of cruelty to animals.
Provided however, that a veterinarian who participates or reports in bad faith or with malice shall
not be protected under the provisions of this section.
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IDAHO CODE § 25-3515 (2009). Chapter construed not to interfere with game laws.
No part of this chapter shall be construed as interfering with, negating or preempting any of the
laws or rules of the department of fish and game of this state or any law for or against the
destruction of certain birds, nor must this chapter be construed as interfering with the right to
destroy any venomous reptile, or animal known as dangerous to life, limb, or property, or to
interfere with the right to kill, slaughter, bag or take all animals used for food or with properly
conducted scientific experiments or investigations performed under the authority of the faculty
of a regularly incorporated medical college, or university of this state, or any other recognized
research facility or institution.
IDAHO CODE § 25-3518 (2009). 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 § 25-3519 (2009). Authority to enter premises and examine animals.
Representatives of the division are authorized and empowered to enter any field, pasture,
feedyard, barn, stable, kennel, cage, yard, vehicle, trailer or other premises in this state where
animals are kept, during normal operating hours, when probable cause exists, with the
permission of the owner, to investigate alleged violations of the provisions of this chapter. If
permission is not granted, said representatives shall be empowered to call on sheriffs, constables
and peace officers to assist them in the discharge of their duties and in carrying out the
provisions of this chapter.
of not less than two hundred dollars ($200) or more than seven thousand dollars ($7,000) or both
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imprisonment.
issue an order terminating the person's right to possession, title, custody or care of an animal that
was involved in the offense or that was owned or possessed at the time of the offense. If a

animal involved.
costs.
of the petition, or as soon as practicable. The hearing shall be limited to the question of forfeiture
of the animal.
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(5) At a hearing conducted pursuant to subsection (4) of this section, the petitioner shall have the
burden of establishing probable cause to believe that the animal was subjected to a violation of
this chapter. A prior finding of probable cause to proceed on the criminal case will create a
permissive inference that probable cause exists for the forfeiture proceeding. After the hearing, if
the court finds probable cause exists, the court shall order immediate forfeiture of the animal to
the petitioner, unless the defendant, within seventy-two (72) hours of the hearing, posts a
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ID-43
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ANIMAL PROTECTION LAWS OF ILLINOIS
ANIMAL PROTECTION LAWS OF ILLINOIS
2. PENALTIES
3. EXEMPTIONS
12. SEXUAL ASSAULT
13. FIGHTING
This chapter contains Illinois’s general animal protection and related statutes enacted prior to November 2009. It begins
Illinois may employ similar provisions within other non-animal-specific criminal and civil statutes; may have other more

USA Map
ILLINOIS

Owner’s duties
510 ILL. COMP. STAT. 70/3
(2)
Cruel treatment
510 ILL. COMP. STAT. 70/3.01
(3)
Aggravated cruelty to companion animals
510 ILL. COMP. STAT. 70/3.02
(4)
Torture
510 ILL. COMP. STAT. 70/3.03
(5)
Depiction of animal cruelty
510 ILL. COMP. STAT. 70/3.03-1
(6)
Poisoning
(7)
Confinement of animals in motor vehicles
510 ILL. COMP. STAT. 70/7.1
Animals Covered in Definition A[E]very living creature, domestic or wild, but

does not include man@
510 ILL. COMP. STAT. 70/2.01
“’Companion animal’ means an animal that is

commonly considered to be, or is considered
by the owner to be, a pet. ‘Companion
animal’ includes, but is not limited to,
canines, felines, and equines.”
510 ILL. COMP. STAT. 70/2.01a
IL-3
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ILLINOIS continued

[1st offense]:
Class B misdemeanor
[2nd and subsequent offenses]:

Class 4 felony
(2)
[1st offense]:
Class A misdemeanor
[2nd offense and subsequent offenses]:

Class 4 felony
(3)
[1st offense]:
Class 4 felony

Class 3 felony
(4)
Class 3 felony
(5)
[1st offense]:
Class A misdemeanor

Class 4 felony
(6)
[1st offense]:
Class A misdemeanor

Class 4 felony
IL-4
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ILLINOIS continued
Classification of Crimes continued (7)

[1st offense]:
Class C misdemeanor

Class B misdemeanor
2. MAXIMUM PENALTIES ** [Class C misdemeanor]:

and
$1,500 fine
730 ILL. COMP. STAT. 5/5-4.5-65
[Class B misdemeanor]:
and
$1,500 fine
730 ILL. COMP. STAT. 5/5-4.5-60
[Class A misdemeanor]:
1 year imprisonment
and
$2,500 fine
730 ILL. COMP. STAT. 5/5-4.5-55
[Class 4 felony]:
730 ILL. COMP. STAT. 5/5-4.5-45
and
$25,000 fine
730 ILL. COMP. STAT. 5/5-4.5-50
[Class 3 felony]:
730 ILL. COMP. STAT. 5/5-4.5-40
and
$25,000 fine
730 ILL. COMP. STAT. 5/5-4.5-50
IL-5
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ILLINOIS continued
3. EXEMPTIONS *** 3, 4, 5, 6
9
510 ILL. COMP. STAT. 70/3.02
510 ILL. COMP. STAT. 70/16.1
1, 2, 3, 4, 5, 9
510 ILL. COMP. STAT. 70/3.03
2, 4, 7, 9
510 ILL. COMP. STAT. 70/3.03-1
1
2
1, 4
720 ILL. COMP. STAT. 5/12-35
4. COUNSELING / EVALUATIONS H Evaluation and treatment may be ordered;

required in cases where offender is a juvenile
or animal hoarders
510 ILL. COMP. STAT. 70/3.01
510 ILL. COMP. STAT. 70/3.02
510 ILL. COMP. STAT. 70/3.03-1
Evaluation and treatment required in

sentencing for animal torture
510 ILL. COMP. STAT. 70/3.03
Evaluation and counseling may be ordered

720 ILL. COMP. STAT. 5/12-35
IL-6
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ILLINOIS continued
5. PROTECTIVE ORDERS H 725 ILL. COMP. STAT. 5/112A-14
6. RESTITUTION / REIMBURSEMENT Security deposit to cover costs of care for

H
impounded animals may be ordered
510 ILL. COMP. STAT. 70/3.05
510 ILL. COMP. STAT. 70/4.02
Any outstanding costs incurred for costs of

care pending the disposition of the case and
any costs incurred in disposing of the animals
must be borne by the person convicted
510 ILL. COMP. STAT. 70/3.06
510 ILL. COMP. STAT. 70/4.02
Impoundment expenses constitute lien on

impounded animals
Any expense incurred in the impoundment

shall remain outstanding until satisfied by the
owner or the person from whom the animal or
animals were impounded
Court may order offender to make

reimbursement for any reasonable costs
incurred for the care and maintenance of the
animal
720 ILL. COMP. STAT. 5/12-35
Restitution is required for some offenses, and

discretionary in all others
730 ILL. COMP. STAT. 5/5-5-6
IL-7
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ILLINOIS continued
7. SEIZURE / ON-SITE SUPERVISION Any law enforcement officer making an arrest

for certain offenses involving companion
animals, may lawfully take possession of the
companion animals in the possession of the
person arrested
510 ILL. COMP. STAT. 70/3.04
Court may ordered person charged to care for

animals that are the basis of the charge
without their removal from their existing
location. Law enforcement, Department
investigator, humane and animal control
officers may be authorized to supervise
510 ILL. COMP. STAT. 70/3.05
Animals, equipment, and certain vehicles and
conveyances used in the violation shall be
seized
510 ILL. COMP. STAT. 70/4.01, 70/4.02
720 ILL. COMP. STAT. 5/26-5
After receiving complaints alleging animal

abuse, law enforcement, state department of
agriculture investigators, and approved
humane investigators may search certain
premises
A failure to take ordered corrective action

permits humane officer to request
authorization to impound animals
Department of agriculture may impound

Court may order the seizure of all animals

involved in the alleged violation as a
condition of bond
720 ILL. COMP. STAT. 5/12-35
IL-8
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ILLINOIS continued
8. FORFEITURE / POSSESSION H Pre-trial forfeiture may be ordered in certain

cases
510 ILL. COMP. STAT. 70/3.04
Impounded animals are forfeited if defendant

fails to post a required security; defendant or
any person residing in defendant's household
may not adopt any such forfeited animals
510 ILL. COMP. STAT. 70/3.05
Upon conviction, the court may order animal

victim forfeited, and may prohibit future
ownership of animals by the offender and
certain other persons in the same household
510 ILL. COMP. STAT. 70/3.04
Upon conviction, seized companion animals

and animals use for fighting are forfeited
510 ILL. COMP. STAT. 70/3.06
Certain vehicles or conveyance used in the

violation shall be offered for sale at public
auction, with the proceeds going to the
county
510 ILL. COMP. STAT. 70/4.01
Upon conviction all animals used in fighting

shall be forfeited; the defendant or any person
residing in the defendant's household may not
adopt any such forfeited animals
510 ILL. COMP. STAT. 70/4.02
Hearing officer has authority over disposition

of impounded animals if owner requests
hearing; animals not claimed within 7 days
may be forfeited
IL-9
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ILLINOIS continued
8. FORFEITURE / POSSESSION H Court may order the offender and persons

continued dwelling in the same household as the
convicted person who conspired, aided, or
abetted in the unlawful act that was the basis
of the conviction, or who knew or should
have known of the unlawful act, not to own,
harbor, or have custody or control of any
other animals for a certain period of time
Upon conviction for sexual assault of an
animal, the court may order that defendant
not harbor animals or reside in any household
where animals are present; and to relinquish
and permanently forfeit all animals residing
in the household
720 ILL. COMP. STAT. 5/12-35
Certain felons may not own, possess, have
custody or reside with non-sterilized or
“vicious” dogs for a period of ten years
following release from incarceration
720 ILL. COMP. STAT. 5/12-36
9. CROSS ENFORCEMENT / REPORTING Animal control officers and Illinois

Department of Agriculture Bureau of Animal
Health and Welfare field investigators must
report suspected child abuse and neglect; all
mandatory child abuse and neglect reporters
may report suspected animal abuse and
neglect
Certain social service professionals must
report suspected animal abuse and neglect
325 ILL. COMP. STAT. 5/11.8
IL-10
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ILLINOIS continued
9. CROSS ENFORCEMENT / REPORTING Animal control officers and other animal-

continued related professionals must report suspected
child abuse; select social service
professionals must report suspected animal
abuse and neglect; both are immune from
civil and criminal liability for good faith
reporting, and their identity is confidential
10. VETERINARIAN REPORTING / IMMUNITY Any veterinarian who observes or is

presented with an animal for the treatment of
aggravated cruelty or torture must file a
report and has immunity from civil or
criminal liability for reports made in good
faith
225 ILL. COMP. STAT. 115/25.19
510 ILL. COMP. STAT. 70/3.07
Any veterinarian who is presented with an
animal for treatment of injuries or wounds
resulting from fighting in violation of the law
shall file a report and has immunity from civil
or criminal liability for reports made in good
faith
510 ILL. COMP. STAT. 70/4.01, 70/4.02
Veterinarian assisting in certain
investigations and acting in good faith are
immune from any civil or criminal liability
Any veterinarian, and other person, who in
good faith provides emergency care or
treatment to an animal due to an emergency
or a disaster has civil immunity
510 ILL. COMP. STAT. 70/16.5
No exception to the mandatory reporting
requirement for suspected acts of aggravated
cruelty, torture, and animal fighting
225 ILL. COMP. STAT. 115/25.19
IL-11
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ILLINOIS continued
11. LAW ENFORCEMENT POLICIES Upon receiving a complaint of a suspected

violation, a Department investigator, any law
enforcement official, or an approved humane
investigator has specific authority to
investigate the complaint
12. SEXUAL ASSAULT Sexual conduct or contact with an animal is a

Class 4 felony; or a Class 3 felony if
committed in the presence of a minor or if
offense causes serious physical injury or
death to the victim
720 ILL. COMP. STAT. 5/12-35
13. FIGHTING Security for costs of care may be ordered for

animal seized
510 ILL. COMP. STAT. 70/3.05
Upon conviction, all seized animals are

forfeited
510 ILL. COMP. STAT. 70/3.06
Various animal fighting activities are

misdemeanors and felonies
510 ILL. COMP. STAT. 70/4.01
Any law enforcement officer making an arrest

shall lawfully take possession of all animals
and all paraphernalia, implements, or other
property or things used or employed, or about
to be employed, in the violation of any animal
fighting provisions
510 ILL. COMP. STAT. 70/4.02
Other Felony Provisions Affecting Animals I Injuring or killing police animals, service
animals or search and rescue dogs is a felony
510 ILL. COMP. STAT. 70/4.04
IL-12
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ILLINOIS continued
NOTES Civil cause of action available for recovery of

pecuniary, non-economic (pain, suffering,
loss of companionship, emotional distress,
etc.) and punitive damages as a result of
certain mistreatment and aggravated cruelty
510 ILL. COMP. STAT. 70/16.3
Note: Available in Section 14 “Referenced Statutes”
IL-13
Table of Contents
510 ILL. COMP. STAT. 70/2.01 (2009). Animal.
"Animal" means every living creature, domestic or wild, but does not include man.
510 ILL. COMP. STAT. 70/2.01a (2009). Companion animal
"Companion animal" means an animal that is commonly considered to be, or is considered by

the owner to be, a pet. "Companion animal" includes, but is not limited to, canines, felines, and
equines.
510 ILL. COMP. STAT. 70/2.03 (2009). Department investigator; approved humane
investigator
"Department investigator" or "approved humane investigator" means a person employed by or

approved by the Department to determine whether there has been a violation of this Act or an
animal control warden or animal control administrator appointed under the Animal Control Act.
510 ILL. COMP. STAT. 70/2.10 (2009). Companion animal hoarder
"Companion animal hoarder" means a person who (i) possesses a large number of companion
animals; (ii) fails to or is unable to provide what he or she is required to provide under Section 3
of this Act; (iii) keeps the companion animals in a severely overcrowded environment; and (iv)
displays an inability to recognize or understand the nature of or has a reckless disregard for the
conditions under which the companion animals are living and the deleterious impact they have
on the companion animals' and owner's health and well-being.
510 ILL. COMP. STAT. 70/2.06 (2009). Owner defined
"Owner" means any person who (a) has a right of property in an animal, (b) keeps or harbors an
animal, (c) has an animal in his care, or (d) acts as custodian of an animal.
IL-14
Table of Contents
510 ILL. COMP. STAT. 70/3 (2009). Owner's duties
Each owner shall provide for each of his animals:
(a) sufficient quantity of good quality, wholesome food and water;
(b) adequate shelter and protection from the weather;
(c) veterinary care when needed to prevent suffering; and
(d) humane care and treatment.
A person convicted of violating this Section 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. 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. 70/3.01 (2009). 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.
IL-15
Table of Contents
510 ILL. COMP. STAT. 70/3.02 (2009). Aggravated cruelty
(a) No person may intentionally commit an act that causes 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. 70/3.03 (2009). 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, the
Wildlife Habitat Management Areas Act, or the Fish and Aquatic Life Code;
(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.
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(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.
510 ILL. COMP. STAT. 70/3.03-1 (2009). 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 or Section 26- 5 of the Criminal Code of 1961.
(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
the convicted person is a juvenile, the court shall order the convicted person to undergo a
510 ILL. COMP. STAT. 70/6 (2009). 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.
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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.
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. 70/7.1 (2009). Confinement in motor vehicle
No owner or person shall confine any animal in a motor vehicle in such a manner that places it
in a life or health threatening situation by exposure to a prolonged period of extreme heat or
cold, without proper ventilation or other protection from such heat or cold. In order to protect
the health and safety of an animal, an animal control officer, law enforcement officer, or
Department investigator who has probable cause to believe that this Section is being violated
shall have authority to enter such motor vehicle by any reasonable means under the
circumstances after making a reasonable effort to locate the owner or other person responsible.
A person convicted of violating this Section is guilty of a Class C misdemeanor. A second or

subsequent violation is a Class B misdemeanor.
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2. PENALTIES

animal.
hunger or exposure.

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subsection (b).
of carbon monoxide.

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(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
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4 felony.
No owner or person shall confine any animal in a motor vehicle in such a manner that places it in
a life or health threatening situation by exposure to a prolonged period of extreme heat or cold,
without proper ventilation or other protection from such heat or cold. In order to protect the
health and safety of an animal, an animal control officer, law enforcement officer, or Department
investigator who has probable cause to believe that this Section is being violated shall have
authority to enter such motor vehicle by any reasonable means under the circumstances after
making a reasonable effort to locate the owner or other person responsible.

510 ILL. COMP. STAT. 70/17 (2009). 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.
730 ILL. COMP. STAT. 5/5-4.5-40 (2009). Class 3 Felonies; Sentence
(a) TERM. The sentence of imprisonment shall be a determinate sentence of not less than 2 years
and not more than 5 years. The sentence of imprisonment for an extended term Class 3 felony, as
provided in Section 5-8-2 (730 ILCS 5/5-8-2), shall be a term not less than 5 years and not more
than 10 years.
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(b) PERIODIC IMPRISONMENT. A sentence of periodic imprisonment shall be for a definite
term of up to 18 months, except as otherwise provided in Section 5-5-3 or 5-7-1 (730 ILCS 5/5-5-
3 or 5/5-7-1).
(c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 (730 ILCS 5/5-8-1.1 and 5/5-
8-1.2) concerning eligibility for the impact incarceration program or the county impact
incarceration program.
(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided in Section 5-5-3 or 5-6-2

(730 ILCS 5/5-5-3 or 5/5-6-2), the period of probation or conditional discharge shall not exceed
30 months. The court shall specify the conditions of probation or conditional discharge as set
forth in Section 5-6-3 (730 ILCS 5/5-6-3).
(e) FINE. Fines may be imposed as provided in Section 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall be concurrent or

consecutive as provided in Section 5-8-4 (730 ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS
5/5-4.5-50).
(h) DRUG COURT. See Section 20 of the Drug Court Treatment Act (730 ILCS 166/20)
concerning eligibility for a drug court program.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 ILCS 5/5-4. 5-100)
concerning credit for time spent in home detention prior to judgment.
(j) EARLY RELEASE; GOOD CONDUCT. See Section 3-6-3 of this Code (730 ILCS 5/3-6-3) or
the County Jail Good Behavior Allowance Act (730 ILCS 130/) for rules and regulations for
early release based on good conduct.
(k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS 5/5-8A-3) concerning
eligibility for electronic home detention.
(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as provided in Section 3-3-8 or 5-

8-1 (730 ILCS 5/3-3-8 or 5/5-8-1), the parole or mandatory supervised release term shall be one
year upon release from imprisonment.
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730 ILL. COMP. STAT. 5/5-4.5-45 (2009). Class 4 felonies; sentence
For a Class 4 felony:
(a) TERM. The sentence of imprisonment shall be a determinate sentence of not less than one
year and not more than 3 years. The sentence of imprisonment for an extended term Class 4
felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), shall be a term not less than 3 years and
not more than 6 years.

term of up to 18 months, except as otherwise provided in Section 5-5-3 or 5-7-1 (730 ILCS 5/5-5-
3 or 5/57-1).
(c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 (730 ILCS 5/5-8-1.1 and 5/5-
8-1.2) concerning eligibility for the impact incarceration program or the county impact

(730 ILCS 5-5-3 or 5/5-6-2), the period of probation or conditional discharge shall not exceed

5/5-4.5-50).
(j) EARLY RELEASE; GOOD CONDUCT. See Section 3-6-3 of this Code (730 ILCS 5/3-6-3) or
the County Jail Good Behavior Allowance Act (730 ILCS 130) for rules and regulations for early
release based on good conduct.
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(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as provided in Section 3-3-8 or 5-
8-1 (730 ILCS 5/3-3-8 or 5/5-8-1), the parole or mandatory supervised release term shall be one
year upon release from imprisonment.
730 ILL. COMP. STAT. 5/5-4.5-50 (2009). Sentence provisions; all felonies
Except as otherwise provided, for all felonies:
(a) NO SUPERVISION. The court, upon a plea of guilty or a stipulation by the defendant of the
facts supporting the charge or a finding of guilt, may not defer further proceedings and the
imposition of a sentence and may not enter an order for supervision of the defendant.
(b) FELONY FINES. An offender may be sentenced to pay a fine not to exceed, for each offense,
$25,000 or the amount specified in the offense, whichever is greater, or if the offender is a
corporation, $50,000 or the amount specified in the offense, whichever is greater. A fine may be
imposed in addition to a sentence of conditional discharge, probation, periodic imprisonment, or
imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of additional
amounts and determination of amounts and payment.
(c) REASONS FOR SENTENCE STATED. The sentencing judge in each felony conviction shall
set forth his or her reasons for imposing the particular sentence entered in the case, as provided
in Section 5-4-1 (730 ILCS 5/5-4-1). Those reasons may include any mitigating or aggravating
factors specified in this Code, or the lack of any such factors, as well as any other mitigating or
aggravating factors that the judge sets forth on the record that are consistent with the purposes
and principles of sentencing set out in this Code.
(d) MOTION TO REDUCE SENTENCE. A motion to reduce a sentence may be made, or the
court may reduce a sentence without motion, within 30 days after the sentence is imposed. A
defendant's challenge to the correctness of a sentence or to any aspect of the sentencing hearing
shall be made by a written motion filed with the circuit court clerk within 30 days following the
imposition of sentence. A motion not filed within that 30-day period is not timely. The court may
not increase a sentence once it is imposed. A notice of motion must be filed with the motion. The
notice of motion shall set the motion on the court's calendar on a date certain within a
reasonable time after the date of filing.
If a motion filed pursuant to this subsection is timely filed, the proponent of the motion shall
exercise due diligence in seeking a determination on the motion and the court shall thereafter
decide the motion within a reasonable time.
If a motion filed pursuant to this subsection is timely filed, then for purposes of perfecting an
appeal, a final judgment is not considered to have been entered until the motion to reduce the
sentence has been decided by order entered by the trial court.
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(e) CONCURRENT SENTENCE; PREVIOUS UNEXPIRED FEDERAL OR OTHER-STATE
SENTENCE. A defendant who has a previous and unexpired sentence of imprisonment imposed
by another state or by any district court of the United States and who, after sentence for a crime
in Illinois, must return to serve the unexpired prior sentence may have his or her sentence by the
Illinois court ordered to be concurrent with the prior other-state or federal sentence. The court
may order that any time served on the unexpired portion of the other-state or federal sentence,
prior to his or her return to Illinois, shall be credited on his or her Illinois sentence. The
appropriate official of the other state or the United States shall be furnished with a copy of the
order imposing sentence, which shall provide that, when the offender is released from other-
state or federal confinement, whether by parole or by termination of sentence, the offender shall
be transferred by the Sheriff of the committing Illinois county to the Illinois Department of
Corrections. The court shall cause the Department of Corrections to be notified of the sentence
at the time of commitment and to be provided with copies of all records regarding the sentence.
(f) REDUCTION; PREVIOUS UNEXPIRED ILLINOIS SENTENCE. A defendant who has a

previous and unexpired sentence of imprisonment imposed by an Illinois circuit court for a crime
in this State and who is subsequently sentenced to a term of imprisonment by another state or by
any district court of the United States and who has served a term of imprisonment imposed by
the other state or district court of the United States, and must return to serve the unexpired prior
sentence imposed by the Illinois circuit court, may apply to the Illinois circuit court that imposed
sentence to have his or her sentence reduced.
The circuit court may order that any time served on the sentence imposed by the other state or
district court of the United States be credited on his or her Illinois sentence. The application for
reduction of a sentence under this subsection shall be made within 30 days after the defendant
has completed the sentence imposed by the other state or district court of the United States.
(g) NO REQUIRED BIRTH CONTROL. A court may not impose a sentence or disposition that
requires the defendant to be implanted or injected with or to use any form of birth control.
730 ILL. COMP. STAT. 5/5-4.5-55 (2009). Class A misdemeanors; sentence
For a Class A misdemeanor:
(a) TERM. The sentence of imprisonment shall be a determinate sentence of less than one year.

term of less than one year, except as otherwise provided in Section 5-5-3 or 5-7-1 (730 ILCS 5/5-
5-3 or 5/5-7-1).
(c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS 5/5-8-1.2) concerning eligibility
for the county impact incarceration program.
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2 years. The court shall specify the conditions of probation or conditional discharge as set forth
in Section 5-6-3 (730 ILCS 5/5-6-3).
(e) FINE. A fine not to exceed $2,500 for each offense or the amount specified in the offense,
whichever is greater, may be imposed. A fine may be imposed in addition to a sentence of
conditional discharge, probation, periodic imprisonment, or imprisonment. See Article 9 of
Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of additional amounts and determination of
amounts and payment.

consecutive as provided in Section 5-8-4 (730 ILCS 5/5-8-4).
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 ILCS 5/5-4.5-100)
(j) EARLY RELEASE; GOOD CONDUCT. See the County Jail Good Behavior Allowance Act
(730 ILCS 130/) for rules and regulations for early release based on good conduct.
730 ILL. COMP. STAT. 5/5-4.5-60 (2009). Class B misdemeanors; sentence
For a Class B misdemeanor:
(a) TERM. The sentence of imprisonment shall be a determinate sentence of not more than 6
months.

term of up to 6 months or as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).
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(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided in Section 5-6-2 (730 ILCS
5/5-6-2), the period of probation or conditional discharge shall not exceed 2 years. The court
shall specify the conditions of probation or conditional discharge as set forth in Section 5-6-3
(730 ILCS 5/5-6-3).

730 ILL. COMP. STAT. 5/5-4.5-65 (2009). Class C misdemeanors; sentence
For a Class C misdemeanor:
days.

term of up to 30 days or as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).
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(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided in Section 5-6-2 (730 ILCS
5/5-6-2), the period of probation or conditional discharge shall not exceed 2 years. The court
shall specify the conditions of probation or conditional discharge as set forth in Section 5-6-3
(730 ILCS 5/5-6-3).

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3. EXEMPTIONS
subsection (b).
of carbon monoxide.
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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.
4 felony.
510 ILL. COMP. STAT. 70/10 (2009). Investigation of complaints
(a) Upon receiving a complaint of a suspected violation of this Act, a Department investigator,
any law enforcement official, or an approved humane investigator may, for the purpose of
investigating the allegations of the complaint, enter during normal business hours upon any
premises where the animal or animals described in the complaint are housed or kept, provided
such entry shall not be made into any building which is a person's residence, except by search
warrant or court order. Institutions operating under federal license to conduct laboratory
experimentation utilizing animals for research or medical purposes are, however, exempt from
the provisions of this Section. State's Attorneys and law enforcement officials shall provide such
assistance as may be required in the conduct of such investigations. Any such investigation
requiring legal procedures shall be immediately reported to the Department. No employee or
representative of the Department shall enter a livestock management facility unless sanitized
footwear is used, or unless the owner or operator of the facility waives this requirement. The
employee or representative must also use any other reasonable disease prevention procedures or
equipment provided by the owner or operator of the facility. The animal control administrator
and animal control wardens appointed under the Animal Control Act shall be authorized to make
investigations complying with this Section for alleged violations of Sections 3, 3.01, 3.02, and
3.03 pertaining to companion animals. The animals impounded shall remain under the
jurisdiction of the animal control administrator and be held in an animal shelter licensed under
the Animal Welfare Act.
(b) Any veterinarian acting in good faith is immune from any civil or criminal liability resulting
from his or her actions under this Section. The good faith on the part of the veterinarian is
presumed.
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510 ILL. COMP. STAT. 70/13 (2009). Normal husbandry practices--construction with other
acts
Nothing in this Act affects normal, good husbandry practices utilized by any person in the
production of food, companion or work animals, or in the extermination of undesirable pests. In
case of any alleged conflict between this Act, or regulations adopted hereunder, and the
AWildlife Code of Illinois@ [735 ILL. COMP. STAT. 5/3-101] or AAn Act to define and require the
use of humane methods in the handling, preparation for slaughter, and slaughter of livestock for
meat or meat products to be offered for sale@, approved July 26, 1967, as amended [735 ILL.
COMP. STAT. 5/3-101], the provisions of those Acts shall prevail.
720 ILL. COMP. STAT. 5/12-35 (2009). Sexual conduct or sexual contact with an animal
(a) A person may not knowingly engage in any sexual conduct or sexual contact with an animal.
(b) A person may not knowingly cause, aid, or abet another person to engage in any sexual
conduct or sexual contact with an animal.
(c) A person may not knowingly permit any sexual conduct or sexual contact with an animal to
be conducted on any premises under his or her charge or control.
(d) A person may not knowingly engage in, promote, aid, or abet any activity involving any
sexual conduct or sexual contact with an animal for a commercial or recreational purpose.
(e) Sentence. A person who violates this Section is guilty of a Class 4 felony. A person who
violates this Section in the presence of a person under 18 years of age or causes the animal
serious physical injury or death is guilty of a Class 3 felony.
(f) In addition to the penalty imposed in subsection (e), the court may order that the defendant do
any of the following:
(1) Not harbor animals or reside in any household where animals are present for a
reasonable period of time or permanently, if necessary.
(2) Relinquish and permanently forfeit all animals residing in the household to a
recognized or duly organized animal shelter or humane society.
(3) Undergo a psychological evaluation and counseling at defendant's expense.
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(4) Reimburse the animal shelter or humane society for any reasonable costs incurred for
the care and maintenance of the animal involved in the sexual conduct or sexual contact
in addition to any animals relinquished to the animal shelter or humane society.
(g) Nothing in this Section shall be construed to prohibit accepted animal husbandry practices
or accepted veterinary medical practices by a licensed veterinarian or certified veterinary
technician.
(h) 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 of this Section.
(i) In this Section:
"Animal" means every creature, either alive or dead, other than a human being.
"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 semen by the
person upon any part of the animal, for the purpose of sexual gratification or arousal of the
person.
"Sexual contact" means any contact, however slight, between the sex organ or anus of a person
and the sex organ, mouth, 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, for the purpose of sexual
gratification or arousal of the person. Evidence of emission of semen is not required to prove
sexual contact.
510 ILL. COMP. STAT. 70/16.1 (2009). 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.
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animal.
hunger or exposure.

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subsection (b).
of carbon monoxide.

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(f) In addition to the penalty imposed in subsection (e), the court may order that the defendant
do any of the following:
(g) Nothing in this Section shall be construed to prohibit accepted animal husbandry practices or
accepted veterinary medical practices by a licensed veterinarian or certified veterinary
technician.
person.
sexual contact.
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725 ILL. COMP. STAT. 5/112A-14 (2009). Order of protection; remedies.
(a) Issuance of order. If the court finds that petitioner has been abused by a family or household
member, as defined in this Article, an order of protection prohibiting such abuse shall issue;
provided that petitioner must also satisfy the requirements of one of the following Sections, as
appropriate: Section 112A-17 on emergency orders, Section 112A-18 on interim orders, or
Section 112A-19 on plenary orders. Petitioner shall not be denied an order of protection
because petitioner or respondent is a minor. The court, when determining whether or not to
issue an order of protection, shall not require physical manifestations of abuse on the person of
the victim. Modification and extension of prior orders of protection shall be in accordance with
this Article.
(b) Remedies and standards. The remedies to be included in an order of protection shall be
determined in accordance with this Section and one of the following Sections, as appropriate:
Section 112A-17 on emergency orders, Section 112A-18 on interim orders, and Section 112A-19
on plenary orders. The remedies listed in this subsection shall be in addition to other civil or
criminal remedies available to petitioner.
(1) Prohibition of abuse. Prohibit respondent's harassment, interference with personal

liberty, intimidation of a dependent, physical abuse or willful deprivation, as defined in
this Article, if such abuse has occurred or otherwise appears likely to occur if not
prohibited.
(2) Grant of exclusive possession of residence. Prohibit respondent from entering or

remaining in any residence or household of the petitioner, including one owned or leased
by respondent, if petitioner has a right to occupancy thereof. The grant of exclusive
possession of the residence shall not affect title to real property, nor shall the court be
limited by the standard set forth in Section 701 of the Illinois Marriage and Dissolution
of Marriage Act.
(A) Right to occupancy. A party has a right to occupancy of a residence or

household if it is solely or jointly owned or leased by that party, that party's
spouse, a person with a legal duty to support that party or a minor child in that
party's care, or by any person or entity other than the opposing party that
authorizes that party's occupancy (e.g., a domestic violence shelter). Standards set
forth in subparagraph (B) shall not preclude equitable relief.
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(B) Presumption of hardships. If petitioner and respondent each has the right to
occupancy of a residence or household, the court shall balance (i) the hardships to
respondent and any minor child or dependent adult in respondent's care resulting
from entry of this remedy with (ii) the hardships to petitioner and any minor child
or dependent adult in petitioner's care resulting from continued exposure to the
risk of abuse (should petitioner remain at the residence or household) or from loss
of possession of the residence or household (should petitioner leave to avoid the
risk of abuse). When determining the balance of hardships, the court shall also
take into account the accessibility of the residence or household. Hardships need
not be balanced if respondent does not have a right to occupancy.
The balance of hardships is presumed to favor possession by petitioner unless the

presumption is rebutted by a preponderance of the evidence, showing that the
hardships to respondent substantially outweigh the hardships to petitioner and any
minor child or dependent adult in petitioner's care. The court, on the request of
petitioner or on its own motion, may order respondent to provide suitable,
accessible, alternate housing for petitioner instead of excluding respondent from a
mutual residence or household.
(3) Stay away order and additional prohibitions. Order respondent to stay away from
petitioner or any other person protected by the order of protection, or prohibit respondent
from entering or remaining present at petitioner's school, place of employment, or other
specified places at times when petitioner is present, or both, if reasonable, given the
balance of hardships. Hardships need not be balanced for the court to enter a stay away
order or prohibit entry if respondent has no right to enter the premises.
If an order of protection grants petitioner exclusive possession of the residence, or

prohibits respondent from entering the residence, or orders respondent to stay away from
petitioner or other protected persons, then the court may allow respondent access to the
residence to remove items of clothing and personal adornment used exclusively by
respondent, medications, and other items as the court directs. The right to access shall be
exercised on only one occasion as the court directs and in the presence of an agreed-upon
adult third party or law enforcement officer.
(4) Counseling. Require or recommend the respondent to undergo counseling for a

specified duration with a social worker, psychologist, clinical psychologist, psychiatrist,
family service agency, alcohol or substance abuse program, mental health center
guidance counselor, agency providing services to elders, program designed for domestic
violence abusers or any other guidance service the court deems appropriate. The court
may order the respondent in any intimate partner relationship to report to an Illinois
Department of Human Services protocol approved partner abuse intervention program for
an assessment and to follow all recommended treatment.
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(5) Physical care and possession of the minor child. In order to protect the minor child
from abuse, neglect, or unwarranted separation from the person who has been the minor
child's primary caretaker, or to otherwise protect the well-being of the minor child, the
court may do either or both of the following: (i) grant petitioner physical care or
possession of the minor child, or both, or (ii) order respondent to return a minor child to,
or not remove a minor child from, the physical care of a parent or person in loco parentis.
If a court finds, after a hearing, that respondent has committed abuse (as defined in
Section 112A-3) of a minor child, there shall be a rebuttable presumption that awarding
physical care to respondent would not be in the minor child's best interest.
(6) Temporary legal custody. Award temporary legal custody to petitioner in accordance
with this Section, the Illinois Marriage and Dissolution of Marriage Act, the Illinois
Parentage Act of 1984, and this State's Uniform Child-Custody Jurisdiction and
Enforcement Act.
temporary legal custody to respondent would not be in the child's best interest.
(7) Visitation. Determine the visitation rights, if any, of respondent in any case in which
the court awards physical care or temporary legal custody of a minor child to petitioner.
The court shall restrict or deny respondent's visitation with a minor child if the court
finds that respondent has done or is likely to do any of the following: (i) abuse or
endanger the minor child during visitation; (ii) use the visitation as an opportunity to
abuse or harass petitioner or petitioner's family or household members; (iii) improperly
conceal or detain the minor child; or (iv) otherwise act in a manner that is not in the best
interests of the minor child. The court shall not be limited by the standards set forth in
Section 607.1 of the Illinois Marriage and Dissolution of Marriage Act. If the court grants
visitation, the order shall specify dates and times for the visitation to take place or other
specific parameters or conditions that are appropriate. No order for visitation shall refer
merely to the term "reasonable visitation".
Petitioner may deny respondent access to the minor child if, when respondent arrives for
visitation, respondent is under the influence of drugs or alcohol and constitutes a threat to
the safety and well-being of petitioner or petitioner's minor children or is behaving in a
violent or abusive manner.
If necessary to protect any member of petitioner's family or household from future abuse,
respondent shall be prohibited from coming to petitioner's residence to meet the minor
child for visitation, and the parties shall submit to the court their recommendations for
reasonable alternative arrangements for visitation. A person may be approved to
supervise visitation only after filing an affidavit accepting that responsibility and
acknowledging accountability to the court.
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(8) Removal or concealment of minor child. Prohibit respondent from removing a minor
child from the State or concealing the child within the State.
(9) Order to appear. Order the respondent to appear in court, alone or with a minor child,
to prevent abuse, neglect, removal or concealment of the child, to return the child to the
custody or care of the petitioner or to permit any court-ordered interview or examination
of the child or the respondent.
(10) Possession of personal property. Grant petitioner exclusive possession of personal

property and, if respondent has possession or control, direct respondent to promptly make
it available to petitioner, if:
(i) petitioner, but not respondent, owns the property; or
(ii) the parties own the property jointly; sharing it would risk abuse of petitioner
by respondent or is impracticable; and the balance of hardships favors temporary
possession by petitioner.
If petitioner's sole claim to ownership of the property is that it is marital property,

the court may award petitioner temporary possession thereof under the standards
of subparagraph (ii) of this paragraph only if a proper proceeding has been filed
under the Illinois Marriage and Dissolution of Marriage Act, as now or hereafter
amended.
No order under this provision shall affect title to property.
(11) Protection of property. Forbid the respondent from taking, transferring,

encumbering, concealing, damaging or otherwise disposing of any real or personal
property, except as explicitly authorized by the court, if:
(ii) the parties own the property jointly, and the balance of hardships favors
granting this remedy.

the court may grant petitioner relief under subparagraph (ii) of this paragraph only
if a proper proceeding has been filed under the Illinois Marriage and Dissolution
of Marriage Act, as now or hereafter amended.
The court may further prohibit respondent from improperly using the financial or
other resources of an aged member of the family or household for the profit or
advantage of respondent or of any other person.
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(11.5) Protection of animals. Grant the petitioner the exclusive care, custody, or control
of any animal owned, possessed, leased, kept, or held by either the petitioner or the
respondent or a minor child residing in the residence or household of either the
petitioner or the respondent and order the respondent to stay away from the animal and
forbid the respondent from taking, transferring, encumbering, concealing, harming, or
otherwise disposing of the animal.
(12) Order for payment of support. Order respondent to pay temporary support for the
petitioner or any child in the petitioner's care or custody, when the respondent has a legal
obligation to support that person, in accordance with the Illinois Marriage and
Dissolution of Marriage Act, which shall govern, among other matters, the amount of
support, payment through the clerk and withholding of income to secure payment. An
order for child support may be granted to a petitioner with lawful physical care or
custody of a child, or an order or agreement for physical care or custody, prior to entry of
an order for legal custody. Such a support order shall expire upon entry of a valid order
granting legal custody to another, unless otherwise provided in the custody order.
(13) Order for payment of losses. Order respondent to pay petitioner for losses suffered
as a direct result of the abuse. Such losses shall include, but not be limited to, medical
expenses, lost earnings or other support, repair or replacement of property damaged or
taken, reasonable attorney's fees, court costs and moving or other travel expenses,
including additional reasonable expenses for temporary shelter and restaurant meals.
(i) Losses affecting family needs. If a party is entitled to seek maintenance, child
support or property distribution from the other party under the Illinois Marriage
and Dissolution of Marriage Act, as now or hereafter amended, the court may
order respondent to reimburse petitioner's actual losses, to the extent that such
reimbursement would be "appropriate temporary relief", as authorized by
subsection (a)(3) of Section 501 of that Act.
(ii) Recovery of expenses. In the case of an improper concealment or removal of a

minor child, the court may order respondent to pay the reasonable expenses
incurred or to be incurred in the search for and recovery of the minor child,
including but not limited to legal fees, court costs, private investigator fees, and
travel costs.
(14) Prohibition of entry. Prohibit the respondent from entering or remaining in the
residence or household while the respondent is under the influence of alcohol or drugs
and constitutes a threat to the safety and well-being of the petitioner or the petitioner's
children.
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(14.5) Prohibition of firearm possession. (a) When a complaint is made under a request
for an order of protection, that the respondent has threatened or is likely to use firearms
illegally against the petitioner, and the respondent is present in court, or has failed to
appear after receiving actual notice, the court shall examine on oath the petitioner, and
any witnesses who may be produced. If the court is satisfied that there is any danger of
the illegal use of firearms, it shall include in the order of protection the requirement that
any firearms in the possession of the respondent, except as provided in subsection (b), be
turned over to the local law enforcement agency for safekeeping. If the respondent fails
to appear, or refuses or fails to surrender his or her firearms, the court shall issue a
warrant for seizure of any firearm in the possession of the respondent. The period of
safekeeping shall be for a stated period of time not to exceed 2 years. The firearm or
firearms shall be returned to the respondent at the end of the stated period or at expiration
of the order of protection, whichever is sooner. (b) If the respondent is a peace officer as
defined in Section 2-13 of the Criminal Code of 1961, the court shall order that any
firearms used by the respondent in the performance of his or her duties as a peace officer
be surrendered to the chief law enforcement executive of the agency in which the
respondent is employed, who shall retain the firearms for safekeeping for the stated
period not to exceed 2 years as set forth in the court order.
(15) Prohibition of access to records. If an order of protection prohibits respondent from

having contact with the minor child, or if petitioner's address is omitted under subsection
(b) of Section 112A-5, or if necessary to prevent abuse or wrongful removal or
concealment of a minor child, the order shall deny respondent access to, and prohibit
respondent from inspecting, obtaining, or attempting to inspect or obtain, school or any
other records of the minor child who is in the care of petitioner.
(16) Order for payment of shelter services. Order respondent to reimburse a shelter
providing temporary housing and counseling services to the petitioner for the cost of the
services, as certified by the shelter and deemed reasonable by the court.
(17) Order for injunctive relief. Enter injunctive relief necessary or appropriate to prevent
further abuse of a family or household member or to effectuate one of the granted
remedies, if supported by the balance of hardships. If the harm to be prevented by the
injunction is abuse or any other harm that one of the remedies listed in paragraphs (1)
through (16) of this subsection is designed to prevent, no further evidence is necessary to
establish that the harm is an irreparable injury.
(c) Relevant factors; findings.
(1) In determining whether to grant a specific remedy, other than payment of support, the
court shall consider relevant factors, including but not limited to the following:
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(i) the nature, frequency, severity, pattern and consequences of the respondent's
past abuse of the petitioner or any family or household member, including the
concealment of his or her location in order to evade service of process or notice,
and the likelihood of danger of future abuse to petitioner or any member of
petitioner's or respondent's family or household; and
(ii) the danger that any minor child will be abused or neglected or improperly
removed from the jurisdiction, improperly concealed within the State or
improperly separated from the child's primary caretaker.
(2) In comparing relative hardships resulting to the parties from loss of possession of the
family home, the court shall consider relevant factors, including but not limited to the
following:
(i) availability, accessibility, cost, safety, adequacy, location and other

characteristics of alternate housing for each party and any minor child or
dependent adult in the party's care;
(ii) the effect on the party's employment; and
(iii) the effect on the relationship of the party, and any minor child or dependent
adult in the party's care, to family, school, church and community.
(3) Subject to the exceptions set forth in paragraph (4) of this subsection, the court shall
make its findings in an official record or in writing, and shall at a minimum set forth the
following:
(i) That the court has considered the applicable relevant factors described in
paragraphs (1) and (2) of this subsection.
(ii) Whether the conduct or actions of respondent, unless prohibited, will likely
cause irreparable harm or continued abuse.
(iii) Whether it is necessary to grant the requested relief in order to protect

petitioner or other alleged abused persons.
(4) For purposes of issuing an ex parte emergency order of protection, the court, as an
alternative to or as a supplement to making the findings described in paragraphs (c)(3)(i)
through (c)(3)(iii) of this subsection, may use the following procedure:
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When a verified petition for an emergency order of protection in accordance with the
requirements of Sections 112A-5 and 112A-17 is presented to the court, the court shall
examine petitioner on oath or affirmation. An emergency order of protection shall be
issued by the court if it appears from the contents of the petition and the examination of
petitioner that the averments are sufficient to indicate abuse by respondent and to support
the granting of relief under the issuance of the emergency order of protection.
(5) Never married parties. No rights or responsibilities for a minor child born outside of
marriage attach to a putative father until a father and child relationship has been
established under the Illinois Parentage Act of 1984. Absent such an adjudication, no
putative father shall be granted temporary custody of the minor child, visitation with the
minor child, or physical care and possession of the minor child, nor shall an order of
payment for support of the minor child be entered.
(d) Balance of hardships; findings. If the court finds that the balance of hardships does not
support the granting of a remedy governed by paragraph (2), (3), (10), (11), or (16) of subsection
(b) of this Section, which may require such balancing, the court's findings shall so indicate and
shall include a finding as to whether granting the remedy will result in hardship to respondent
that would substantially outweigh the hardship to petitioner from denial of the remedy. The
findings shall be an official record or in writing.
(e) Denial of remedies. Denial of any remedy shall not be based, in whole or in part, on evidence
that:
(1) Respondent has cause for any use of force, unless that cause satisfies the standards for
justifiable use of force provided by Article VII of the Criminal Code of 1961;
(2) Respondent was voluntarily intoxicated;
(3) Petitioner acted in self-defense or defense of another, provided that, if petitioner

utilized force, such force was justifiable under Article VII of the Criminal Code of 1961;
(4) Petitioner did not act in self-defense or defense of another;
(5) Petitioner left the residence or household to avoid further abuse by respondent;
(6) Petitioner did not leave the residence or household to avoid further abuse by
respondent;
(7) Conduct by any family or household member excused the abuse by respondent, unless
that same conduct would have excused such abuse if the parties had not been family or
household members.
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510 ILL. COMP. STAT. 70/3.05 (2009). Security for companion animals and animals used for
fighting purposes
(a) In the case of companion animals as defined in Section 2.01a or animals used for fighting
purposes in violation of Section 4.01 of this Act or Section 26-5 of the Criminal Code of 1961,
the animal control or animal shelter having custody of the animal or animals may file a petition
with the court requesting that the person from whom the animal or animals are seized, or the
owner of the animal or animals, be ordered to post security. The security must be in an amount
sufficient to secure payment of all reasonable expenses expected to be incurred by the animal
control or animal shelter in caring for and providing for the animal or animals pending the
disposition of the charges. Reasonable expenses include, but are not limited to, estimated
medical care and boarding of the animal or animals for 30 days. The amount of the security
shall be determined by the court after taking into consideration all of the facts and
circumstances of the case, including, but not limited to, the recommendation of the impounding
organization having custody and care of the seized animal or animals and the cost of caring for
the animal or animals. If security has been posted in accordance with this Section, the animal
control or animal shelter may draw from the security the actual costs incurred by the agency in
caring for the seized animal or animals.
(b) Upon receipt of a petition, the court must set a hearing on the petition, to be conducted
within 5 business days after the petition is filed. The petitioner must serve a true copy of the
petition upon the defendant and the State's Attorney for the county in which the animal or
animals were seized. The petitioner must also serve a true copy of the petition on any interested
person. For the purposes of this subsection, "interested person" means an individual,
partnership, firm, joint stock company, corporation, association, trust, estate, or other legal
entity that the court determines may have a pecuniary interest in the animal or animals that are
the subject of the petition. The court must set a hearing date to determine any interested parties.
The court may waive for good cause shown the posting of security.
(c) If the court orders the posting of security, the security must be posted with the clerk of the
court within 5 business days after the hearing. If the person ordered to post security does not do
so, the animal or animals are forfeited by operation of law and the animal control or animal
shelter having control of the animal or animals must dispose of the animal or animals through
adoption or must humanely euthanize the animal. In no event may the defendant or any person
residing in the defendant's household adopt the animal or animals.
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(d) The impounding organization may file a petition with the court upon the expiration of the 30-
day period requesting the posting of additional security. The court may order the person from
whom the animal or animals were seized, or the owner of the animal or animals, to post
additional security with the clerk of the court to secure payment of reasonable expenses for an
additional period of time pending a determination by the court of the charges against the person
from whom the animal or animals were seized.
(e) In no event may the security prevent the impounding organization having custody and care of
the animal or animals from disposing of the animal or animals before the expiration of the 30-
day period covered by the security if the court makes a final determination of the charges against
the person from whom the animal or animals were seized. Upon the adjudication of the charges,
the person who posted the security is entitled to a refund of the security, in whole or in part, for
any expenses not incurred by the impounding organization.
(f) Notwithstanding any other provision of this Section to the contrary, the court may order a
person charged with any violation of this Act to provide necessary food, water, shelter, and care
for any animal or animals that are the basis of the charge without the removal of the animal or
animals from their existing location and until the charges against the person are adjudicated.
Until a final determination of the charges is made, any law enforcement officer, animal control
officer, Department investigator, or an approved humane investigator may be authorized by an
order of the court to make regular visits to the place where the animal or animals are being kept
to ascertain if the animal or animals are receiving necessary food, water, shelter, and care.
Nothing in this Section prevents any law enforcement officer, Department investigator, or
approved humane investigator from applying for a warrant under this Section to seize any animal
or animals being held by the person charged pending the adjudication of the charges if it is
determined that the animal or animals are not receiving the necessary food, water, shelter, or
care.
(g) Nothing in this Act shall be construed to prevent the voluntary, permanent relinquishment of
any animal by its owner to an animal control or animal shelter in lieu of posting security or
proceeding to a forfeiture hearing. Voluntary relinquishment shall have no effect on the criminal
charges that may be pursued by the appropriate authorities.
(h) If an owner of a companion animal is acquitted by the court of charges made pursuant to this
Act, the court shall further order that any security that has been posted for the animal shall be
returned to the owner by the impounding organization.
(i) The provisions of this Section only pertain to companion animals and animals used for
fighting purposes.
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510 ILL. COMP. STAT. 70/3.06 (2009). Disposition of seized companion animals and animals
used for fighting purposes
(a) Upon the conviction of the person charged, all animals seized, if not previously ordered
forfeited or previously forfeited by operation of law, are forfeited to the facility impounding the
animals and must be humanely euthanized or adopted. Any outstanding costs incurred by the
impounding facility for boarding and treating the animals pending the disposition of the case
and any costs incurred in disposing of the animals must be borne by the person convicted.
(b) Any person authorized by this Section to care for an animal or animals, to treat an animal or
animals, or to attempt to restore an animal or animals to good health and who is acting in good
faith is immune from any civil or criminal liability that may result from his or her actions.
(c) The provisions of this Section only pertain to companion animals and animals used for
fighting purposes.
510 ILL. COMP. STAT. 70/4.02 (2009). Arrests; reports
(a) Any law enforcement officer making an arrest for an offense involving one or more animals
under Section 4.01 of this Act or Section 26-5 of the Criminal Code of 1961 shall lawfully take
possession of all animals and all paraphernalia, implements, or other property or things used or
employed, or about to be employed, in the violation of any of the provisions of Section 4.01 of
this Act or Section 26-5 of the Criminal Code of 1961. When a law enforcement officer has
taken possession of such animals, paraphernalia, implements or other property or things, he or
she shall file with the court before whom the complaint is made against any person so arrested an
affidavit stating therein the name of the person charged in the complaint, a description of the
property so taken and the time and place of the taking thereof together with the name of the
person from whom the same was taken and name of the person who claims to own such property,
if different from the person from whom the animals were seized and if known, and that the
affiant has reason to believe and does believe, stating the ground of the belief, that the animals
and property so taken were used or employed, or were about to be used or employed, in a
violation of Section 4.01 of this Act or Section 26-5 of the Criminal Code of 1961. He or she
shall thereupon deliver an inventory of the property so taken to the court of competent
jurisdiction. A law enforcement officer may humanely euthanize animals that are severely
injured.
An owner whose animals are removed for a violation of Section 4.01 of this Act or Section 26-5
of the Criminal Code of 1961 must be given written notice of the circumstances of the removal
and of any legal remedies available to him or her. The notice must be posted at the place of
seizure or delivered to a person residing at the place of seizure or, if the address of the owner is
different from the address of the person from whom the animals were seized, delivered by
registered mail to his or her last known address.
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The animal control or animal shelter having custody of the animals may file a petition with the
court requesting that the person from whom the animals were seized or the owner of the animals
be ordered to post security pursuant to Section 3.05 of this Act.
Upon the conviction of the person so charged, all animals shall be adopted or humanely
euthanized and property so seized shall be adjudged by the court to be forfeited. Any outstanding
costs incurred by the impounding facility in boarding and treating the animals pending the
disposition of the case and disposing of the animals upon a conviction must be borne by the
person convicted. In no event may the animals be adopted by the defendant or anyone residing in
his or her household. If the court finds that the State either failed to prove the criminal
allegations or failed to prove that the animals were used in fighting, the court must direct the
delivery of the animals and the other property not previously forfeited to the owner of the
animals and property.
Any person authorized by this Section to care for an animal, to treat an animal, or to attempt to
restore an animal to good health and who is acting in good faith is immune from any civil or
criminal liability that may result from his or her actions.
An animal control warden, animal control administrator, animal shelter employee, or approved
humane investigator may humanely euthanize severely injured, diseased, or suffering animal in
exigent circumstances.
(b) Any veterinarian in this State who is presented with an animal for treatment of injuries or
wounds resulting from fighting where there is a reasonable possibility that the animal was
engaged in or utilized for a fighting event shall file a report with the Department and cooperate
by furnishing the owners' names, date of receipt of the animal or animals and treatment
administered, and descriptions of the animal or animals involved. Any veterinarian who in good
faith makes a report, as required by this subsection (b), is immune from any liability, civil,
criminal, or otherwise, resulting from his or her actions. For the purposes of any proceedings,
civil or criminal, the good faith of any such veterinarian shall be presumed.
510 ILL. COMP. STAT. 70/12 (2009). Impounding animals; notice of impoundment
(a) When an approved humane investigator, a Department investigator or a veterinarian finds

that a violation of this Act has rendered an animal in such a condition that no remedy or
corrective action by the owner is possible, the Department must impound or order the
impoundment of the animal. If the violator fails or refuses to take corrective action necessary for
compliance with Section 11 of this Act, the Department may impound the animal. If the animal
is ordered impounded, it shall be impounded in a facility or at another location where the
elements of good care as set forth in Section 3 of this Act can be provided, and where such
animals shall be examined and treated by a licensed veterinarian or, if the animal is severely
injured, diseased, or suffering, humanely euthanized. Any expense incurred in the impoundment
shall become a lien on the animals.
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(b) Emergency impoundment may be exercised in a life-threatening situation and the subject
animals shall be conveyed directly to a licensed veterinarian for medical services necessary to
sustain life or to be humanely euthanized as determined by the veterinarian. If such emergency
procedure is taken by an animal control officer, the Department shall be notified.
(c) A notice of impoundment shall be given by the investigator to the violator, if known, in
person or sent by certified or registered mail. If the investigator is not able to serve the violator
in person or by registered or certified mail, the notice may be given by publication in a
newspaper of general circulation in the county in which the violator's last known address is
located. A copy of the notice shall be retained by the investigator and a copy forwarded
immediately to the Department. The notice of impoundment shall include the following:
(1) A number assigned by the Department which will also be given to the impounding
facility accepting the responsibility of the animal or animals.
(2) Listing of deficiencies noted.
(3) An accurate description of the animal or animals involved.
(4) Date on which the animal or animals were impounded.
(5) Signature of the investigator.
(6) A statement that: "The violator may request a hearing to appeal the impoundment. A
person desiring a hearing shall contact the Department of Agriculture within 7 days from
the date of impoundment" and the Department must hold an administrative hearing
within 7 business days after receiving a request to appeal the impoundment. If the
hearing cannot be held prior to the expiration of the 7-day impoundment period, the
Department shall notify the impounding facility that it cannot sell, offer for adoption, or
dispose of the animal or animals until a final decision is rendered and all of the appeal
processes have expired.
If a hearing is requested by any owner of impounded animals, the Hearing Officer shall, after
hearing the testimony of all interested parties, render a decision within 5 business days regarding
the disposition of the impounded animals. This decision by the Hearing Officer shall have no
effect on the criminal charges that may be filed with the appropriate authorities.
If an owner of a companion animal or animal used for fighting purposes requests a hearing, the
animal control or animal shelter having control of the animal or animals may file a petition with
the court in the county where the impoundment took place requesting that the person from whom
the animal or animals were seized or the owner of the animal or animals be ordered to post
security pursuant to subsections (a) and (b) of Section 3.05 of this Act.
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If the court orders the posting of security, the security must be posted with the clerk of the court
within 5 business days after the hearing. If the person ordered to post security does not do so, the
court must order the Department of Agriculture to hold a hearing on the impoundment within 5
business days. If, upon final administrative or judicial determination, it is found that it is not in
the best interest of the animal or animals to be returned to the person from whom it was seized,
the animal or animals are forfeited to the animal control or animal shelter having control of the
animal or animals. If no petition for the posting of security is filed or a petition was filed and
granted but the person failed to post security, any expense incurred in the impoundment shall
remain outstanding until satisfied by the owner or the person from whom the animal or animals
were impounded.
When the impoundment is not appealed, the animal or animals are forfeited and the animal
control or animal shelter in charge of the animal or animals may lawfully and without liability
provide for adoption of the animal or animals by a person other than the person who forfeited the
animal or animals, or any person or persons dwelling in the same household as the person who
forfeited the animal or animals, or it may humanely euthanize the animal or animals.
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technician.
person.
sexual contact.
730 ILL. COMP. STAT. 5/5-5-6 (2009). Restitution
In all convictions for offenses in violation of the Criminal Code of 1961 [720 ILCS 5/1-1 et seq.]
or of Section 11-501 of the Illinois Vehicle Code [625 ILCS 5/11-501] in which the person
received any injury to his or her person or damage to his or her real or personal property as a
result of the criminal act of the defendant, the court shall order restitution as provided in this
Section. In all other cases, except cases in which restitution is required under this Section, the
court must at the sentence hearing determine whether restitution is an appropriate sentence to
be imposed on each defendant convicted of an offense. If the court determines that an order
directing the offender to make restitution is appropriate, the offender may be sentenced to make
restitution. The court may consider restitution an appropriate sentence to be imposed on each
defendant convicted of an offense in addition to a sentence of imprisonment. The sentence of the
defendant to a term of imprisonment is not a mitigating factor that prevents the court from
ordering the defendant to pay restitution. If the offender is sentenced to make restitution the
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Court shall determine the restitution as hereinafter set forth:
(a) At the sentence hearing, the court shall determine whether the property may be restored in
kind to the possession of the owner or the person entitled to possession thereof; or whether the
defendant is possessed of sufficient skill to repair and restore property damaged; or whether the
defendant should be required to make restitution in cash, for out-of-pocket expenses, damages,
losses, or injuries found to have been proximately caused by the conduct of the defendant or
another for whom the defendant is legally accountable under the provisions of Article V of the
Criminal Code of 1961 [720 ILCS 5/5-1 et seq.].
(b) In fixing the amount of restitution to be paid in cash, the court shall allow credit for property
returned in kind, for property damages ordered to be repaired by the defendant, and for property
ordered to be restored by the defendant; and after granting the credit, the court shall assess the
actual out-of-pocket expenses, losses, damages, and injuries suffered by the victim named in the
charge and any other victims who may also have suffered out-of-pocket expenses, losses,
damages, and injuries proximately caused by the same criminal conduct of the defendant, and
insurance carriers who have indemnified the named victim or other victims for the out-of-pocket
expenses, losses, damages, or injuries, provided that in no event shall restitution be ordered to
be paid on account of pain and suffering. If a defendant is placed on supervision for, or
convicted of, domestic battery, the defendant shall be required to pay restitution to any domestic
violence shelter in which the victim and any other family or household members lived because of
the domestic battery. The amount of the restitution shall equal the actual expenses of the
domestic violence shelter in providing housing and any other services for the victim and any
other family or household members living at the shelter. If a defendant fails to pay restitution in
the manner or within the time period specified by the court, the court may enter an order
directing the sheriff to seize any real or personal property of a defendant to the extent necessary
to satisfy the order of restitution and dispose of the property by public sale. All proceeds from
such sale in excess of the amount of restitution plus court costs and the costs of the sheriff in
conducting the sale shall be paid to the defendant. The defendant convicted of domestic battery,
if a person under 18 years of age was present and witnessed the domestic battery of the victim, is
liable to pay restitution for the cost of any counseling required for the child at the discretion of
the court.
(c) In cases where more than one defendant is accountable for the same criminal conduct that
results in out-of-pocket expenses, losses, damages, or injuries, each defendant shall be ordered
to pay restitution in the amount of the total actual out-of-pocket expenses, losses, damages, or
injuries to the victim proximately caused by the conduct of all of the defendants who are legally
accountable for the offense.
(1) In no event shall the victim be entitled to recover restitution in excess of the actual
out-of-pocket expenses, losses, damages, or injuries, proximately caused by the conduct
of all of the defendants.
(2) As between the defendants, the court may apportion the restitution that is payable in
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proportion to each co-defendant's culpability in the commission of the offense.
(3) In the absence of a specific order apportioning the restitution, each defendant shall
bear his pro rata share of the restitution.
(4) As between the defendants, each defendant shall be entitled to a pro rata reduction in
the total restitution required to be paid to the victim for amounts of restitution actually
paid by co-defendants, and defendants who shall have paid more than their pro rata
share shall be entitled to refunds to be computed by the court as additional amounts are
paid by co-defendants.
(d) In instances where a defendant has more than one criminal charge pending against him in a
single case, or more than one case, and the defendant stands convicted of one or more charges,
a plea agreement negotiated by the State's Attorney and the defendants may require the
defendant to make restitution to victims of charges that have been dismissed or which it is
contemplated will be dismissed under the terms of the plea agreement, and under the agreement,
the court may impose a sentence of restitution on the charge or charges of which the defendant
has been convicted that would require the defendant to make restitution to victims of other
offenses as provided in the plea agreement.
(e) The court may require the defendant to apply the balance of the cash bond, after payment of
court costs, and any fine that may be imposed to the payment of restitution.
(f) Taking into consideration the ability of the defendant to pay, including any real or personal
property or any other assets of the defendant, the court shall determine whether restitution shall
be paid in a single payment or in installments, and shall fix a period of time not in excess of 5
years or the period of time specified in subsection (f-1), not including periods of incarceration,
within which payment of restitution is to be paid in full. Complete restitution shall be paid in as
short a time period as possible. However, if the court deems it necessary and in the best interest
of the victim, the court may extend beyond 5 years the period of time within which the payment
of restitution is to be paid. If the defendant is ordered to pay restitution and the court orders that
restitution is to be paid over a period greater than 6 months, the court shall order that the
defendant make monthly payments; the court may waive this requirement of monthly payments
only if there is a specific finding of good cause for waiver.
(f-1)
(1) In addition to any other penalty prescribed by law and any restitution ordered under
this Section that did not include long-term physical health care costs, the court may,
upon conviction of any misdemeanor or felony, order a defendant to pay restitution to a
victim in accordance with the provisions of this subsection (f-1) if the victim has suffered
physical injury as a result of the offense that is reasonably probable to require or has
required long-term physical health care for more than 3 months. As used in this
subsection (f-1) "long-term physical health care" includes mental health care.
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(2) The victim's estimate of long-term physical health care costs may be made as part of
a victim impact statement under Section 6 of the Rights of Crime Victims and Witnesses
Act [725 ILCS 120/1 et seq.] or made separately. The court shall enter the long-term
physical health care restitution order at the time of sentencing. An order of restitution
made under this subsection (f-1) shall fix a monthly amount to be paid by the defendant
for as long as long-term physical health care of the victim is required as a result of the
offense. The order may exceed the length of any sentence imposed upon the defendant for
the criminal activity. The court shall include as a special finding in the judgment of
conviction its determination of the monthly cost of long-term physical health care.
(3) After a sentencing order has been entered, the court may from time to time, on the
petition of either the defendant or the victim, or upon its own motion, enter an order for
restitution for long-term physical care or modify the existing order for restitution for
long-term physical care as to the amount of monthly payments. Any modification of the
order shall be based only upon a substantial change of circumstances relating to the cost
of long-term physical health care or the financial condition of either the defendant or the
victim. The petition shall be filed as part of the original criminal docket.
(g) In addition to the sentences provided for in Sections 11-19.2, 11-20.1, 12-13, 12-14, 12-14.1,
12-15, and 12-16 of the Criminal Code of 1961 [720 ILCS 5/11-19.2, 720 ILCS 5/11-20.1, 720
ILCS 5/12-13, 720 ILCS 5/12-14, 720 ILCS 5/12-14.1, 720 ILCS 5/12-15, and 720 ILCS 5/12-
16], the court may order any person who is convicted of violating any of those Sections or who
was charged with any of those offenses and which charge was reduced to another charge as a
result of a plea agreement under subsection (d) of this Section to meet all or any portion of the
financial obligations of treatment, including but not limited to medical, psychiatric, or
rehabilitative treatment or psychological counseling, prescribed for the victim or victims of the
offense.
(1) the defendant was convicted of an offense under Sections 11-19.2, 11-20.1, 12-13, 12-
14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 [720 ILCS 5/11-19.2, 720
ILCS 5/11-20.1, 720 ILCS 5/12-13, 720 ILCS 5/12-14, 720 ILCS 5/12-14.1, 720 ILCS
5/12-15 or 720 ILCS 5/12-16], or was charged with such an offense and the charge was
reduced to another charge as a result of a plea agreement under subsection (d) of this
Section, and
(2) the victim was under 18 years of age at the time the offense was committed and
requires counseling as a result of the offense.
The payments shall be made by the defendant to the clerk of the circuit court and transmitted by
the clerk to the appropriate person or agency as directed by the court. Except as otherwise
provided in subsection (f-1), the order may require such payments to be made for a period not to
exceed 5 years after sentencing, not including periods of incarceration.
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(h) The judge may enter an order of withholding to collect the amount of restitution owed in
accordance with Part 8 of Article XII of the Code of Civil Procedure [735 ILCS 5/12-801 et
seq.].
(i) A sentence of restitution may be modified or revoked by the court if the offender commits
another offense, or the offender fails to make restitution as ordered by the court, but no sentence
to make restitution shall be revoked unless the court shall find that the offender has had the
financial ability to make restitution, and he has wilfully refused to do so. When the offender's
ability to pay restitution was established at the time an order of restitution was entered or
modified, or when the offender's ability to pay was based on the offender's willingness to make
restitution as part of a plea agreement made at the time the order of restitution was entered or
modified, there is a rebuttable presumption that the facts and circumstances considered by the
court at the hearing at which the order of restitution was entered or modified regarding the
offender's ability or willingness to pay restitution have not materially changed. If the court shall
find that the defendant has failed to make restitution and that the failure is not wilful, the court
may impose an additional period of time within which to make restitution. The length of the
additional period shall not be more than 2 years. The court shall retain all of the incidents of the
original sentence, including the authority to modify or enlarge the conditions, and to revoke or
further modify the sentence if the conditions of payment are violated during the additional
period.
(j) The procedure upon the filing of a Petition to Revoke a sentence to make restitution shall be
the same as the procedures set forth in Section 5-6-4 of this Code [730 ILCS 5/5-6-4] governing
violation, modification, or revocation of Probation, of Conditional Discharge, or of Supervision.
(k) Nothing contained in this Section shall preclude the right of any party to proceed in a civil
action to recover for any damages incurred due to the criminal misconduct of the defendant.
(l) Restitution ordered under this Section shall not be subject to disbursement by the circuit clerk
under Section 27.5 of the Clerks of Courts Act [705 ILCS 105/27.5].
(m) A restitution order under this Section is a judgment lien in favor of the victim that:
(1) Attaches to the property of the person subject to the order;
(2) May be perfected in the same manner as provided in Part 3 of Article 9 of the
Uniform Commercial Code [810 ILCS 5/9-301 et seq.];
(3) May be enforced to satisfy any payment that is delinquent under the restitution order
by the person in whose favor the order is issued or the person's assignee; and
(4) Expires in the same manner as a judgment lien created in a civil proceeding.
When a restitution order is issued under this Section, the issuing court shall send a certified copy
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of the order to the clerk of the circuit court in the county where the charge was filed. Upon
receiving the order, the clerk shall enter and index the order in the circuit court judgment
docket.
(n) An order of restitution under this Section does not bar a civil action for:
(1) Damages that the court did not require the person to pay to the victim under the
restitution order but arise from an injury or property damages that is the basis of
restitution ordered by the court; and
(2) Other damages suffered by the victim.
The restitution order is not discharged by the completion of the sentence imposed for the offense.
A restitution order under this Section is not discharged by the liquidation of a person's estate by
a receiver. A restitution order under this Section may be enforced in the same manner as
judgment liens are enforced under Article XII of the Code of Civil Procedure [735 ILCS 5/12-
101 et seq.].
The provisions of Section 2-1303 of the Code of Civil Procedure [735 ILCS 5/2-1303], providing
for interest on judgments, apply to judgments for restitution entered under this Section.
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510 ILL. COMP. STAT. 70/3.04 (2009). Arrests and seizures
(a) Any law enforcement officer making an arrest for an offense involving one or more
companion animals under Section 3.01, 3.02, or 3.03 of this Act may lawfully take possession of
some or all of the companion animals in the possession of the person arrested. The officer, after
taking possession of the companion animals, must file with the court before whom the complaint
is made against any person so arrested an affidavit stating the name of the person charged in the
complaint, a description of the condition of the companion animal or companion animals taken,
and the time and place the companion animal or companion animals were taken, together with
the name of the person from whom the companion animal or companion animals were taken and
name of the person who claims to own the companion animal or companion animals if different
from the person from whom the companion animal or companion animals were seized. He or she
must at the same time deliver an inventory of the companion animal or companion animals taken
to the court of competent jurisdiction. The officer must place the companion animal or
companion animals in the custody of an animal control or animal shelter and the agency must
retain custody of the companion animal or companion animals subject to an order of the court
adjudicating the charges on the merits and before which the person complained against is
required to appear for trial. The State's Attorney may, within 14 days after the seizure, file a
"petition for forfeiture prior to trial" before the court having criminal jurisdiction over the
alleged charges, asking for permanent forfeiture of the companion animals seized. The petition
shall be filed with the court, with copies served on the impounding agency, the owner, and
anyone claiming an interest in the animals. In a "petition for forfeiture prior to trial", the burden
is on the prosecution to prove by a preponderance of the evidence that the person arrested
violated Section 3.01, 3.02, 3.03, or 4.01 of this Act or Section 26-5 of the Criminal Code of
1961.
(b) An owner whose companion animal or companion animals are removed by a law
enforcement officer under this Section must be given written notice of the circumstances of the
removal and of any legal remedies available to him or her. The notice must be posted at the
place of seizure, or delivered to a person residing at the place of seizure or, if the address of the
owner is different from the address of the person from whom the companion animal or
companion animals were seized, delivered by registered mail to his or her last known address.
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(c) In addition to any other penalty provided by law, upon conviction for violating Sections 3,
3.01, 3.02, or 3.03 the court may order the convicted person to forfeit to an animal control or
animal shelter the animal or animals that are the basis of the conviction. Upon an order of
forfeiture, the convicted person is deemed to have permanently relinquished all rights to the
animal or animals that are the basis of the conviction. The forfeited animal or animals shall be
adopted or humanely euthanized. In no event may the convicted person or anyone residing in his
or her household be permitted to adopt the forfeited animal or animals. The court, additionally,
may order that the convicted person and persons dwelling in the same household as the
convicted person who conspired, aided, or abetted in the unlawful act that was the basis of the
conviction, or who knew or should have known of the unlawful act, may not own, harbor, or
have custody or control of any other animals for a period of time that the court deems
reasonable.
fighting purposes
medical care and boarding of the animal or animals for 30 days. The amount of the security shall
be determined by the court after taking into consideration all of the facts and circumstances of
the case, including, but not limited to, the recommendation of the impounding organization
having custody and care of the seized animal or animals and the cost of caring for the animal or
animals. If security has been posted in accordance with this Section, the animal control or animal
shelter may draw from the security the actual costs incurred by the agency in caring for the
seized animal or animals.
(b) Upon receipt of a petition, the court must set a hearing on the petition, to be conducted within
5 business days after the petition is filed. The petitioner must serve a true copy of the petition
upon the defendant and the State's Attorney for the county in which the animal or animals were
seized. The petitioner must also serve a true copy of the petition on any interested person. For
the purposes of this subsection, "interested person" means an individual, partnership, firm, joint
stock company, corporation, association, trust, estate, or other legal entity that the court
determines may have a pecuniary interest in the animal or animals that are the subject of the
petition. The court must set a hearing date to determine any interested parties. The court may
waive for good cause shown the posting of security.
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approved humane investigator from applying for a warrant under this Section to seize any
animal or animals being held by the person charged pending the adjudication of the charges if it
is determined that the animal or animals are not receiving the necessary food, water, shelter, or
care.
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fighting purposes.
510 ILL. COMP. STAT. 70/4.01 (2009). Animals in entertainment
This Section does not apply when the only animals involved are dogs. (Section 26‑ 5 of the
Criminal Code of 1961, rather than this Section, applies when the only animals involved are
dogs.)
(a) No person may own, capture, breed, train, or lease any animal which he or she knows or
should know is intended for use in any show, exhibition, program, or other activity featuring or
otherwise involving a fight between such animal and any other animal or human, or the
intentional killing of any animal for the purpose of sport, wagering, or entertainment.
(b) No person shall promote, conduct, carry on, advertise, collect money for or in any other
manner assist or aid in the presentation for purposes of sport, wagering, or entertainment, any
show, exhibition, program, or other activity involving a fight between 2 or more animals or any
animal and human, or the intentional killing of any animal.
(c) No person shall sell or offer for sale, ship, transport, or otherwise move, or deliver or receive
any animal which he or she knows or should know has been captured, bred, or trained, or will be
used, to fight another animal or human or be intentionally killed, for the purpose of sport,
wagering, or entertainment.
(d) No person shall manufacture for sale, shipment, transportation or delivery any device or
equipment which that person knows or should know is intended for use in any show, exhibition,
program, or other activity featuring or otherwise involving a fight between 2 or more animals, or
any human and animal, or the intentional killing of any animal for purposes of sport, wagering or
entertainment.
(e) No person shall own, possess, sell or offer for sale, ship, transport, or otherwise move any
equipment or device which such person knows or should know is intended for use in connection
with any show, exhibition, program, or activity featuring or otherwise involving a fight between
2 or more animals, or any animal and human, or the intentional killing of any animal for
purposes of sport, wagering or entertainment.
(f) No person shall make available any site, structure, or facility, whether enclosed or not, which
he or she knows or should know is intended to be used for the purpose of conducting any show,
exhibition, program, or other activity involving a fight between 2 or more animals, or any animal
and human, or the intentional killing of any animal.
(g) No person shall attend or otherwise patronize any show, exhibition, program, or other
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activity featuring or otherwise involving a fight between 2 or more animals, or any animal and
human, or the intentional killing of any animal for the purposes of sport, wagering or
entertainment.
(h) (Blank).
(i) Any animals or equipment involved in a violation of this Section shall be immediately seized
and impounded under Section 12 by the Department when located at any show, exhibition,
program, or other activity featuring or otherwise involving an animal fight for the purposes of
sport, wagering, or entertainment.
(j) Any vehicle or conveyance other than a common carrier that is used in violation of this
Section shall be seized, held, and offered for sale at public auction by the sheriff's department of
the proper jurisdiction, and the proceeds from the sale shall be remitted to the general fund of
the county where the violation took place.
(k) Any veterinarian in this State who is presented with an animal for treatment of injuries or
engaged in or utilized for a fighting event for the purposes of sport, wagering, or entertainment
shall file a report with the Department and cooperate by furnishing the owners' names, dates, and
descriptions of the animal or animals involved. Any veterinarian who in good faith complies
with the requirements of this subsection has immunity from any liability, civil, criminal, or
otherwise, that may result from his or her actions. For the purposes of any proceedings, civil or
criminal, the good faith of the veterinarian shall be rebuttably presumed.
(l) No person shall solicit a minor to violate this Section.
(m) The penalties for violations of this Section shall be as follows:
(1) A person convicted of violating subsection (a), (b), or (c) of this Section or any rule,
regulation, or order of the Department pursuant thereto is guilty of a Class 4 felony for
the first offense. A second or subsequent offense involving the violation of subsection
(a), (b), or (c) of this Section or any rule, regulation, or order of the Department pursuant
thereto is a Class 3 felony.
(2) A person convicted of violating subsection (d), (e), or (f) of this Section or any rule,
regulation, or order of the Department pursuant thereto is guilty of a Class A
misdemeanor for the first offense. A second or subsequent violation is a Class 4 felony.
(3) A person convicted of violating subsection (g) of this Section or any rule, regulation,
or order of the Department pursuant thereto is guilty of a Class C misdemeanor.
(4) A person convicted of violating subsection (l) of this Section is guilty of a Class A
misdemeanor.
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(n) A person who commits a felony violation of this Section is subject to the property forfeiture
provisions set forth in Article 124B of the Code of Criminal Procedure of 1963.
this Act or Section 26-5 of the Criminal Code of 1961. When a law enforcement officer has taken
possession of such animals, paraphernalia, implements or other property or things, he or she
shall file with the court before whom the complaint is made against any person so arrested an
if different from the person from whom the animals were seized and if known, and that the affiant
has reason to believe and does believe, stating the ground of the belief, that the animals and
property so taken were used or employed, or were about to be used or employed, in a violation
of Section 4.01 of this Act or Section 26-5 of the Criminal Code of 1961. He or she shall
thereupon deliver an inventory of the property so taken to the court of competent jurisdiction. A
law enforcement officer may humanely euthanize animals that are severely injured.
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and animal control wardens appointed under the Animal Control Act shall be authorized to
make investigations complying with this Section for alleged violations of Sections 3, 3.01, 3.02,
and 3.03 pertaining to companion animals. The animals impounded shall remain under the
presumed.
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510 ILL. COMP. STAT. 70/11 (2009). Notification to violator; impoundment upon refusal or
failure to take corrective action
(a) If an investigation under Section 10 discloses that a violation of this Act has been committed,
the approved humane investigator shall furnish the violator, if known, with a notice of violation,
and state what action is necessary to come into compliance with this Act and that a maximum of
48 hours may be granted in which to take corrective action.
(b) If the violator fails or refuses to take corrective action necessary for compliance or if the
violator is still unknown after an attempt to identify ownership, the humane investigator shall
contact the Department and request authorization to impound the animal or animals. The
Department will authorize impoundment if a review of facts gathered by the humane investigator
indicates a violation of Section 3 of this Act has occurred and the violator, if known, has failed
or refused to take corrective action necessary for compliance.
This Section shall not apply to violations committed under Section 4.01 of this Act.

compliance with Section 11 of this Act, the Department may impound the animal. If the animal is
ordered impounded, it shall be impounded in a facility or at another location where the elements
of good care as set forth in Section 3 of this Act can be provided, and where such animals shall
be examined and treated by a licensed veterinarian or, if the animal is severely injured,
diseased, or suffering, humanely euthanized. Any expense incurred in the impoundment shall
become a lien on the animals.
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were impounded.
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technician.
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person.
sexual contact.
720 ILL. COMP. STAT. 5/26-5 (2009). Dog fighting
(For other provisions that may apply to dog fighting, see the Humane Care for Animals Act. For
provisions similar to this Section that apply to animals other than dogs, see in particular Section
4.01 of the Humane Care for Animals Act.)
(a) No person may own, capture, breed, train, or lease any dog which he or she knows is
intended for use in any show, exhibition, program, or other activity featuring or otherwise
involving a fight between the dog and any other animal or human, or the intentional killing of
any dog for the purpose of sport, wagering, or entertainment.
(b) No person may promote, conduct, carry on, advertise, collect money for or in any other
manner assist or aid in the presentation for purposes of sport, wagering, or entertainment of any
show, exhibition, program, or other activity involving a fight between 2 or more dogs or any dog
and human, or the intentional killing of any dog.
(c) No person may sell or offer for sale, ship, transport, or otherwise move, or deliver or receive
any dog which he or she knows has been captured, bred, or trained, or will be used, to fight
another dog or human or be intentionally killed for purposes of sport, wagering, or
entertainment.
(c‑ 5) No person may solicit a minor to violate this Section.
(d) No person may manufacture for sale, shipment, transportation, or delivery any device or
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equipment which he or she knows or should know is intended for use in any show, exhibition,
program, or other activity featuring or otherwise involving a fight between 2 or more dogs, or
any human and dog, or the intentional killing of any dog for purposes of sport, wagering, or
entertainment.
(e) No person may own, possess, sell or offer for sale, ship, transport, or otherwise move any
equipment or device which he or she knows or should know is intended for use in connection
2 or more dogs, or any dog and human, or the intentional killing of any dog for purposes of
sport, wagering or entertainment.
(f) No person may knowingly make available any site, structure, or facility, whether enclosed or
not, that he or she knows is intended to be used for the purpose of conducting any show,
exhibition, program, or other activity involving a fight between 2 or more dogs, or any dog and
human, or the intentional killing of any dog or knowingly manufacture, distribute, or deliver
fittings to be used in a fight between 2 or more dogs or a dog and human.
(g) No person may attend or otherwise patronize any show, exhibition, program, or other activity
featuring or otherwise involving a fight between 2 or more dogs, or any dog and human, or the
intentional killing of any dog for purposes of sport, wagering, or entertainment.
(h) No person may tie or attach or fasten any live animal to any machine or device propelled by
any power for the purpose of causing the animal to be pursued by a dog or dogs. This subsection
(h) applies only when the dog is intended to be used in a dog fight.
(i) Penalties for violations of this Section shall be as follows:
(1) Any person convicted of violating subsection (a), (b), or (c) of this Section is guilty of
a Class 4 felony for a first violation and a Class 3 felony for a second or subsequent
violation, and may be fined an amount not to exceed $50,000.
(1.5) A person who knowingly owns a dog for fighting purposes or for producing a fight
between 2 or more dogs or a dog and human or who knowingly offers for sale or sells a
dog bred for fighting is guilty of a Class 3 felony and may be fined an amount not to
exceed $50,000, if the dog participates in a dogfight and any of the following factors is
present:
(i) the dogfight is performed in the presence of a person under 18 years of age;
(ii) the dogfight is performed for the purpose of or in the presence of illegal
wagering activity; or
(iii) the dogfight is performed in furtherance of streetgang related activity as

defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention
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Act.
(1.7) A person convicted of violating subsection (c‑ 5) of this Section is guilty of a Class
4 felony.
(2) Any person convicted of violating subsection (d) or (e) of this Section is guilty of a
Class A misdemeanor for a first violation. A second or subsequent violation of subsection
(d) or (e) of this Section is a Class 3 felony.
(2.5) Any person convicted of violating subsection (f) of this Section is guilty of a Class
4 felony.
(3) Any person convicted of violating subsection (g) of this Section is guilty of a Class A
misdemeanor for a first violation. A second or subsequent violation of subsection (g) of
this Section is a Class 4 felony. If a person under 13 years of age is present at any show,
exhibition, program, or other activity prohibited in subsection (g), the parent, legal
guardian, or other person who is 18 years of age or older who brings that person under 13
years of age to that show, exhibition, program, or other activity is guilty of a Class 4
felony for a first violation and a Class 3 felony for a second or subsequent violation.
(i‑ 5) A person who commits a felony violation of this Section is subject to the property
forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963.
(j) Any dog or equipment involved in a violation of this Section shall be immediately seized and
impounded under Section 12 of the Humane Care for Animals Act when located at any show,
exhibition, program, or other activity featuring or otherwise involving a dog fight for the
purposes of sport, wagering, or entertainment.
(k) Any vehicle or conveyance other than a common carrier that is used in violation of this
(l) Any veterinarian in this State who is presented with a dog for treatment of injuries or wounds
resulting from fighting where there is a reasonable possibility that the dog was engaged in or
utilized for a fighting event for the purposes of sport, wagering, or entertainment shall file a
report with the Department of Agriculture and cooperate by furnishing the owners' names, dates,
and descriptions of the dog or dogs involved. Any veterinarian who in good faith complies with
the requirements of this subsection has immunity from any liability, civil, criminal, or otherwise,
that may result from his or her actions. For the purposes of any proceedings, civil or criminal, the
good faith of the veterinarian shall be rebuttably presumed.
(m) In addition to any other penalty provided by law, upon conviction for violating this Section,
the court may order that the convicted person and persons dwelling in the same household as the
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have custody or control of any dog or other animal for a period of time that the court deems
reasonable.
(n) A violation of subsection (a) of this Section may be inferred from evidence that the accused
possessed any device or equipment described in subsection (d), (e), or (h) of this Section, and
also possessed any dog.
(o) When no longer required for investigations or court proceedings relating to the events
described or depicted therein, evidence relating to convictions for violations of this Section shall
be retained and made available for use in training peace officers in detecting and identifying
violations of this Section. Such evidence shall be made available upon request to other law
enforcement agencies and to schools certified under the Illinois Police Training Act.
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1961.
removal and of any legal remedies available to him or her. The notice must be posted at the place
of seizure, or delivered to a person residing at the place of seizure or, if the address of the owner
is different from the address of the person from whom the companion animal or companion
animals were seized, delivered by registered mail to his or her last known address.
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conviction, or who knew or should have known of the unlawful act, may not own, harbor, or have
custody or control of any other animals for a period of time that the court deems reasonable.
fighting purposes
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day period covered by the security if the court makes a final determination of the charges
against the person from whom the animal or animals were seized. Upon the adjudication of the
charges, the person who posted the security is entitled to a refund of the security, in whole or in
part, for any expenses not incurred by the impounding organization.
care.
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fighting purposes.
impounding facility for boarding and treating the animals pending the disposition of the case and
any costs incurred in disposing of the animals must be borne by the person convicted.
fighting purposes.
dogs.)
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entertainment.
entertainment.
(h) (Blank).

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misdemeanor.
injured.
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euthanized and property so seized shall be adjudged by the court to be forfeited. Any
outstanding costs incurred by the impounding facility in boarding and treating the animals
pending the disposition of the case and disposing of the animals upon a conviction must be borne
by the person convicted. In no event may the animals be adopted by the defendant or anyone
residing in his or her household. If the court finds that the State either failed to prove the
criminal allegations or failed to prove that the animals were used in fighting, the court must
direct the delivery of the animals and the other property not previously forfeited to the owner of
the animals and property.
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hearing the testimony of all interested parties, render a decision within 5 business days
regarding the disposition of the impounded animals. This decision by the Hearing Officer shall
have no effect on the criminal charges that may be filed with the appropriate authorities.
were impounded.
provide for adoption of the animal or animals by a person other than the person who forfeited
the animal or animals, or any person or persons dwelling in the same household as the person
who forfeited the animal or animals, or it may humanely euthanize the animal or animals.
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technician.
person.
sexual contact.
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entertainment.
entertainment.
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present:

Act.
4 felony.
4 felony.
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custody or control of any dog or other animal for a period of time that the court deems
reasonable.
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720 ILL. COMP. STAT. 5/12-36 (2009). Possession of certain dogs by felons prohibited
(a) For a period of 10 years commencing upon the release of a person from incarceration, it is
unlawful for a person convicted of a forcible felony, a felony violation of the Humane Care for
Animals Act, a felony violation of Section 26‑ 5 of this Code, a felony violation of Article 24 of
this Code, a felony violation of Class 3 or higher of the Illinois Controlled Substances Act, a
felony violation of Class 3 or higher of the Cannabis Control Act, or a felony violation of Class 2
or higher of the Methamphetamine Control and Community Protection Act, to knowingly own,
possess, have custody of, or reside in a residence with, either:
(1) an unspayed or unneutered dog or puppy older than 12 weeks of age; or
(2) irrespective of whether the dog has been spayed or neutered, any dog that has been
determined to be a vicious dog under Section 15 of the Animal Control Act.
(b) Any dog owned, possessed by, or in the custody of a person convicted of a felony, as
described in subsection (a), must be microchipped for permanent identification.
(c) Sentence. A person who violates this Section is guilty of a Class A misdemeanor.
(d) It is an affirmative defense to prosecution under this Section that the dog in question is
neutered or spayed, or that the dog in question was neutered or spayed within 7 days of the
defendant being charged with a violation of this Section. Medical records from, or the certificate
of, a doctor of veterinary medicine licensed to practice in the State of Illinois who has personally
examined or operated upon the dog, unambiguously indicating whether the dog in question has
been spayed or neutered, shall be prima facie true and correct, and shall be sufficient evidence
of whether the dog in question has been spayed or neutered. This subsection (d) is not applicable
to any dog that has been determined to be a vicious dog under Section 15 of the Animal Control
Act.
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325 ILL. COMP. STAT. 5/4 (2009). Persons required to report; privileged communications;
transmitting false report
Persons required to report; privileged communications; transmitting false report. Any physician,
resident, intern, hospital, hospital administrator and personnel engaged in examination, care and
treatment of persons, surgeon, dentist, dentist hygienist, osteopath, chiropractor, podiatrist,
physician assistant, substance abuse treatment personnel, funeral home director or employee,
coroner, medical examiner, emergency medical technician, acupuncturist, crisis line or hotline
personnel, school personnel (including administrators and both certified and non-certified school
employees), educational advocate assigned to a child pursuant to the School Code, member of a
school board or the Chicago Board of Education or the governing body of a private school (but
only to the extent required in accordance with other provisions of this Section expressly
concerning the duty of school board members to report suspected child abuse), truant officers,
social worker, social services administrator, domestic violence program personnel, registered
nurse, licensed practical nurse, genetic counselor, respiratory care practitioner, advanced practice
nurse, home health aide, director or staff assistant of a nursery school or a child day care center,
recreational program or facility personnel, law enforcement officer, licensed professional
counselor, licensed clinical professional counselor, registered psychologist and assistants
working under the direct supervision of a psychologist, psychiatrist, or field personnel of the
Department of Healthcare and Family Servies, Juvenile Justice, Public Health, Human Services
(acting as successor to the Department of Mental Health and Developmental Disabilities,
Rehabilitation Services, or Public Aid), Corrections, Human Rights, or Children and Family
Services, supervisor and administrator of general assistance under the Illinois Public Aid Code
[305 ILCS 5/1-1 et seq.], probation officer, animal control officer or Illinois Department of
Agriculture Bureau of Animal Health and Welfare field investigator, or any other foster parent,
homemaker or child care worker having reasonable cause to believe a child known to them in
their professional or official capacity may be an abused child or a neglected child shall
immediately report or cause a report to be made to the Department.
Any member of the clergy having reasonable cause to believe that a child known to that member
of the clergy in his or her professional capacity may be an abused child as defined in item (c) of
the definition of "abused child" in Section 3 of this Act [325 ILCS 5/3] shall immediately report
or cause a report to be made to the Department.
If an allegation is raised to a school board member during the course of an open or closed school
board meeting that a child who is enrolled in the school district of which he or she is a board
member is an abused child as defined in Section 3 of this Act [325 ILCS 5/3], the member shall
direct or cause the school board to direct the superintendent of the school district or other
equivalent school administrator to comply with the requirements of this Act concerning the
reporting of child abuse. For purposes of this paragraph, a school board member is granted the
authority in his or her individual capacity to direct the superintendent of the school district or
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other equivalent school administrator to comply with the requirements of this Act concerning the
reporting of child abuse.
Notwithstanding any other provision of this Act, if an employee of a school district has made a
report or caused a report to be made to the Department under this Act involving the conduct of a
current or former employee of the school district and a request is made by another school district
for the provision of information concerning the job performance or qualifications of the current
or former employee because he or she is an applicant for employment with the requesting school
district, the general superintendent of the school district to which the request is being made must
disclose to the requesting school district the fact that an employee of the school district has made
a report involving the conduct of the applicant or caused a report to be made to the Department,
as required under this Act. Only the fact that an employee of the school district has made a report
involving the conduct of the applicant or caused a report to be made to the Department may be
disclosed by the general superintendent of the school district to which the request for information
concerning the applicant is made, and this fact may be disclosed only in cases where the
employee and the general superintendent have not been informed by the Department that the
allegations were unfounded. An employee of a school district who is or has been the subject of a
report made pursuant to this Act during his or her employment with the school district must be
informed by that school district that if he or she applies for employment with another school
district, the general superintendent of the former school district, upon the request of the school
district to which the employee applies, shall notify that requesting school district that the
employee is or was the subject of such a report.
Whenever such person is required to report under this Act in his capacity as a member of the
staff of a medical or other public or private institution, school, facility or agency, or as a member
of the clergy, he shall make report immediately to the Department in accordance with the
provisions of this Act and may also notify the person in charge of such institution, school,
facility or agency, or church, synagogue, temple, mosque, or other religious institution, or his
designated agent that such report has been made. Under no circumstances shall any person in
charge of such institution, school, facility or agency, or church, synagogue, temple, mosque, or
other religious institution, or his designated agent to whom such notification has been made,
exercise any control, restraint, modification or other change in the report or the forwarding of
such report to the Department.
The privileged quality of communication between any professional person required to report and
his patient or client shall not apply to situations involving abused or neglected children and shall
not constitute grounds for failure to report as required by this Act.
A member of the clergy may claim the privilege under Section 8-803 of the Code of Civil
Procedure [735 ILCS 5/8-803].
In addition to the above persons required to report suspected cases of abused or neglected
children, any other person may make a report if such person has reasonable cause to believe a
child may be an abused child or a neglected child.
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Any person who enters into employment on and after July 1, 1986 and is mandated by virtue of
that employment to report under this Act, shall sign a statement on a form prescribed by the
Department, to the effect that the employee has knowledge and understanding of the reporting
requirements of this Act. The statement shall be signed prior to commencement of the
employment. The signed statement shall be retained by the employer. The cost of printing,
distribution, and filing of the statement shall be borne by the employer.
The Department shall provide copies of this Act, upon request, to all employers employing
persons who shall be required under the provisions of this Section to report under this Act.
Any person who knowingly transmits a false report to the Department commits the offense of
disorderly conduct under subsection (a)(7) of Section 26-1 of the "Criminal Code of 1961" [720
ILCS 5/26-1]. Any person who violates this provision a second or subsequent time shall be
guilty of a Class 3 felony.
Any person who knowingly and willfully violates any provision of this Section other than a
second or subsequent violation of transmitting a false report as described in the preceding
paragraph, is guilty of a Class A misdemeanor for a first violation and a Class 4 felony for a
second or subsequent violation; except that if the person acted as part of a plan or scheme having
as its object the prevention of discovery of an abused or neglected child by lawful authorities for
the purpose of protecting or insulating any person or entity from arrest or prosecution, the person
is guilty of a Class 4 felony for a first offense and a Class 3 felony for a second or subsequent
offense (regardless of whether the second or subsequent offense involves any of the same facts
or persons as the first or other prior offense).
A child whose parent, guardian or custodian in good faith selects and depends upon spiritual
means through prayer alone for the treatment or cure of disease or remedial care may be
considered neglected or abused, but not for the sole reason that his parent, guardian or custodian
accepts and practices such beliefs.
A child shall not be considered neglected or abused solely because the child is not attending
school in accordance with the requirements of Article 26 of the School Code, as amended [105
ILCS 5/26-1 et seq.].
Nothing in this Act prohibits a mandated reporter who reasonably believes that an animal is
being abused or neglected in violation of the Humane Care for Animals Act [510 ILCS 70/1 et
seq.] from reporting animal abuse or neglect to the Department of Agriculture's Bureau of
Animal Health and Welfare.
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 [920 ILCS 7/6] on the concurrent exercise
by home rule units of powers and functions exercised by the State.
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325 ILL. COMP. STAT. 5/11.8 (2009). Cross-reporting
(a) 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 the Humane Care for Animals Act [510 ILCS 70/1 et seq.] 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.
(b) A home rule unit may not regulate the reporting of child abuse or neglect in a manner
510 ILL. COMP. STAT. 70/18 (2009). 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.
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(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.
(e) A home rule unit may not regulate the reporting of child abuse or neglect in a manner
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.
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225 ILL. COMP. STAT. 115/25.19 (2009). Mandatory Reporting
Nothing in this act exempts a licensee from the mandatory reporting requirements regarding
suspected acts of aggravated cruelty, torture, and animal fighting imposed under Sections 3.07
and 4.01 of the Humane Care for Animals Act and Section 26-5 of the Criminal Code of 1961.
510 ILL. COMP. STAT. 70/3.07 (2009). Veterinarian reports; humane euthanasia
Any veterinarian in this State who observes or is presented with an animal or animals for the
treatment of aggravated cruelty under Section 3.02 or torture under Section 3.03 of this Act must
file a report with the Department and cooperate with the Department by furnishing the owner's
name, the date of receipt of the animal or animals and any treatment administered, and a
description of the animal or animals involved, including a microchip number if applicable. Any
veterinarian who in good faith makes a report, as required by this Section, has immunity from
any liability, civil, criminal, or otherwise, that may result from his or her actions. For the
purposes of any proceedings, civil or criminal, the good faith of the veterinarian shall be
presumed.
An animal control warden, animal control administrator, approved humane investigator, or

animal shelter employee may humanely euthanize severely injured, diseased, or suffering
animals in exigent circumstances.
dogs.)
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entertainment.
entertainment.
(h) (Blank).
the proper jurisdiction, and the proceeds from the sale shall be remitted to the general fund of the
county where the violation took place.
shall file a report with the Department and cooperate by furnishing the owners' names, dates,
and descriptions of the animal or animals involved. Any veterinarian who in good faith complies
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misdemeanor.
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injured.
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presumed.
entertainment.
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(c-5) No person may solicit a minor to violate this Section.
entertainment.
present:
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Act.
(1.7) A person convicted of violating subsection (c-5) of this Section is guilty of a Class
4 felony.
4 felony.
that may result from his or her actions. For the purposes of any proceedings, civil or criminal,
the good faith of the veterinarian shall be rebuttably presumed.
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reasonable.
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and animal control wardens appointed under the Animal Control Act shall be authorized to
make investigations complying with this Section for alleged violations of Sections 3, 3.01, 3.02,
and 3.03 pertaining to companion animals. The animals impounded shall remain under the
presumed.
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12. SEXUAL ASSAULT
technician.
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person.
sexual contact.
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13. FIGHTING
fighting purposes
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care.
fighting purposes.
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fighting purposes.
dogs.)
any animal which he or she knows or should know has been captured, bred, or trained, or will
be used, to fight another animal or human or be intentionally killed, for the purpose of sport,
program, or other activity featuring or otherwise involving a fight between 2 or more animals,
or any human and animal, or the intentional killing of any animal for purposes of sport,
wagering or entertainment.
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exhibition, program, or other activity involving a fight between 2 or more animals, or any
entertainment.
(h) (Blank).
shall file a report with the Department and cooperate by furnishing the owners' names, dates,
and descriptions of the animal or animals involved. Any veterinarian who in good faith complies
the first offense. A second or subsequent offense involving the violation of subsection (a),
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(b), or (c) of this Section or any rule, regulation, or order of the Department pursuant
misdemeanor.
this Act or Section 26-5 of the Criminal Code of 1961. When a law enforcement officer has taken
possession of such animals, paraphernalia, implements or other property or things, he or she
shall file with the court before whom the complaint is made against any person so arrested an
injured.
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entertainment.
entertainment.
(g) No person may attend or otherwise patronize any show, exhibition, program, or other
activity featuring or otherwise involving a fight between 2 or more dogs, or any dog and human,
or the intentional killing of any dog for purposes of sport, wagering, or entertainment.
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present:

Act.
4 felony.
(2.5) Any person convicted of violating subsection (f) of this Section is guilty of a Class 4
felony.
guardian, or other person who is 18 years of age or older who brings that person under
13 years of age to that show, exhibition, program, or other activity is guilty of a Class 4
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that may result from his or her actions. For the purposes of any proceedings, civil or criminal,
the good faith of the veterinarian shall be rebuttably presumed.
custody or control of any dog or other animal for a period of time that the court deems
reasonable.
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225 ILL. COMP. STAT. 115/25.19 (2009). Mandatory Reporting
Nothing in this act exempts a licensee from the mandatory reporting requirements regarding
suspected acts of aggravated cruelty, torture, and animal fighting imposed under Sections 3.07
and 4.01 of the Humane Care for Animals Act and Section 26-5 of the Criminal Code of 1961.
325 ILL. COMP. STAT. 5/4 (2009). Persons required to report; privileged communications;
transmitting false report
Persons required to report; privileged communications; transmitting false report. Any physician,
resident, intern, hospital, hospital administrator and personnel engaged in examination, care and
treatment of persons, surgeon, dentist, dentist hygienist, osteopath, chiropractor, podiatrist,
physician assistant, substance abuse treatment personnel, funeral home director or employee,
coroner, medical examiner, emergency medical technician, acupuncturist, crisis line or hotline
personnel, school personnel (including administrators and both certified and non-certified school
employees), educational advocate assigned to a child pursuant to the School Code, member of a
school board or the Chicago Board of Education or the governing body of a private school (but
only to the extent required in accordance with other provisions of this Section expressly
concerning the duty of school board members to report suspected child abuse), truant officers,
social worker, social services administrator, domestic violence program personnel, registered
nurse, licensed practical nurse, genetic counselor, respiratory care practitioner, advanced practice
nurse, home health aide, director or staff assistant of a nursery school or a child day care center,
recreational program or facility personnel, law enforcement officer, licensed professional
counselor, licensed clinical professional counselor, registered psychologist and assistants
working under the direct supervision of a psychologist, psychiatrist, or field personnel of the
Department of Healthcare and Family Servies, Juvenile Justice, Public Health, Human Services
(acting as successor to the Department of Mental Health and Developmental Disabilities,
Rehabilitation Services, or Public Aid), Corrections, Human Rights, or Children and Family
Services, supervisor and administrator of general assistance under the Illinois Public Aid Code
[305 ILCS 5/1-1 et seq.], probation officer, animal control officer or Illinois Department of
Agriculture Bureau of Animal Health and Welfare field investigator, or any other foster parent,
homemaker or child care worker having reasonable cause to believe a child known to them in
their professional or official capacity may be an abused child or a neglected child shall
immediately report or cause a report to be made to the Department.
Any member of the clergy having reasonable cause to believe that a child known to that member
of the clergy in his or her professional capacity may be an abused child as defined in item (c) of
the definition of "abused child" in Section 3 of this Act [325 ILCS 5/3] shall immediately report
or cause a report to be made to the Department.
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If an allegation is raised to a school board member during the course of an open or closed school
board meeting that a child who is enrolled in the school district of which he or she is a board
member is an abused child as defined in Section 3 of this Act [325 ILCS 5/3], the member shall
direct or cause the school board to direct the superintendent of the school district or other
equivalent school administrator to comply with the requirements of this Act concerning the
reporting of child abuse. For purposes of this paragraph, a school board member is granted the
authority in his or her individual capacity to direct the superintendent of the school district or
other equivalent school administrator to comply with the requirements of this Act concerning the
reporting of child abuse.
Notwithstanding any other provision of this Act, if an employee of a school district has made a
report or caused a report to be made to the Department under this Act involving the conduct of a
current or former employee of the school district and a request is made by another school district
for the provision of information concerning the job performance or qualifications of the current
or former employee because he or she is an applicant for employment with the requesting school
district, the general superintendent of the school district to which the request is being made must
disclose to the requesting school district the fact that an employee of the school district has made
a report involving the conduct of the applicant or caused a report to be made to the Department,
as required under this Act. Only the fact that an employee of the school district has made a report
involving the conduct of the applicant or caused a report to be made to the Department may be
disclosed by the general superintendent of the school district to which the request for information
concerning the applicant is made, and this fact may be disclosed only in cases where the
employee and the general superintendent have not been informed by the Department that the
allegations were unfounded. An employee of a school district who is or has been the subject of a
report made pursuant to this Act during his or her employment with the school district must be
informed by that school district that if he or she applies for employment with another school
district, the general superintendent of the former school district, upon the request of the school
district to which the employee applies, shall notify that requesting school district that the
employee is or was the subject of such a report.
Whenever such person is required to report under this Act in his capacity as a member of the
staff of a medical or other public or private institution, school, facility or agency, or as a member
of the clergy, he shall make report immediately to the Department in accordance with the
provisions of this Act and may also notify the person in charge of such institution, school,
facility or agency, or church, synagogue, temple, mosque, or other religious institution, or his
designated agent that such report has been made. Under no circumstances shall any person in
charge of such institution, school, facility or agency, or church, synagogue, temple, mosque, or
other religious institution, or his designated agent to whom such notification has been made,
exercise any control, restraint, modification or other change in the report or the forwarding of
such report to the Department.
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The privileged quality of communication between any professional person required to report and
his patient or client shall not apply to situations involving abused or neglected children and shall
not constitute grounds for failure to report as required by this Act.
A member of the clergy may claim the privilege under Section 8-803 of the Code of Civil
Procedure [735 ILCS 5/8-803].
In addition to the above persons required to report suspected cases of abused or neglected
children, any other person may make a report if such person has reasonable cause to believe a
child may be an abused child or a neglected child.
Any person who enters into employment on and after July 1, 1986 and is mandated by virtue of
that employment to report under this Act, shall sign a statement on a form prescribed by the
Department, to the effect that the employee has knowledge and understanding of the reporting
requirements of this Act. The statement shall be signed prior to commencement of the
employment. The signed statement shall be retained by the employer. The cost of printing,
distribution, and filing of the statement shall be borne by the employer.
The Department shall provide copies of this Act, upon request, to all employers employing
persons who shall be required under the provisions of this Section to report under this Act.
Any person who knowingly transmits a false report to the Department commits the offense of
disorderly conduct under subsection (a)(7) of Section 26-1 of the "Criminal Code of 1961" [720
ILCS 5/26-1]. Any person who violates this provision a second or subsequent time shall be
guilty of a Class 3 felony.
Any person who knowingly and willfully violates any provision of this Section other than a
second or subsequent violation of transmitting a false report as described in the preceding
paragraph, is guilty of a Class A misdemeanor for a first violation and a Class 4 felony for a
second or subsequent violation; except that if the person acted as part of a plan or scheme having
as its object the prevention of discovery of an abused or neglected child by lawful authorities for
the purpose of protecting or insulating any person or entity from arrest or prosecution, the person
is guilty of a Class 4 felony for a first offense and a Class 3 felony for a second or subsequent
offense (regardless of whether the second or subsequent offense involves any of the same facts
or persons as the first or other prior offense).
A child whose parent, guardian or custodian in good faith selects and depends upon spiritual
means through prayer alone for the treatment or cure of disease or remedial care may be
considered neglected or abused, but not for the sole reason that his parent, guardian or custodian
accepts and practices such beliefs.
A child shall not be considered neglected or abused solely because the child is not attending
school in accordance with the requirements of Article 26 of the School Code, as amended [105
ILCS 5/26-1 et seq.].
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Nothing in this Act prohibits a mandated reporter who reasonably believes that an animal is
being abused or neglected in violation of the Humane Care for Animals Act [510 ILCS 70/1 et
seq.] from reporting animal abuse or neglect to the Department of Agriculture's Bureau of
Animal Health and Welfare.
A home rule unit may not regulate the reporting of child abuse or neglect in a manner
325 ILL. COMP. STAT. 5/11.8 (2009). Cross-reporting
(a) 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 the Humane Care for Animals Act [510 ILCS 70/1 et seq.] 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.
(b) A home rule unit may not regulate the reporting of child abuse or neglect in a manner
510 ILL. COMP. STAT. 70/2.01 (2009). Animal.
"Animal" means every living creature, domestic or wild, but does not include man.
510 ILL. COMP. STAT. 70/2.01a (2009). Companion animal
"Companion animal" means an animal that is commonly considered to be, or is considered by the
owner to be, a pet. "Companion animal" includes, but is not limited to, canines, felines, and
equines.
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510 ILL. COMP. STAT. 70/2.03 (2009). Department investigator; approved humane
investigator
"Department investigator" or "approved humane investigator" means a person employed by or

approved by the Department to determine whether there has been a violation of this Act or an
animal control warden or animal control administrator appointed under the Animal Control Act.
510 ILL. COMP. STAT. 70/2.10 (2009). Companion animal hoarder
"Companion animal hoarder" means a person who (i) possesses a large number of companion
animals; (ii) fails to or is unable to provide what he or she is required to provide under Section 3
of this Act; (iii) keeps the companion animals in a severely overcrowded environment; and (iv)
displays an inability to recognize or understand the nature of or has a reckless disregard for the
conditions under which the companion animals are living and the deleterious impact they have
on the companion animals' and owner's health and well-being.
510 ILL. COMP. STAT. 70/2.06 (2009). Owner defined
"Owner" means any person who (a) has a right of property in an animal, (b) keeps or harbors an
animal, (c) has an animal in his care, or (d) acts as custodian of an animal.
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animal.
hunger or exposure.

subsection (b).
of carbon monoxide.
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1961.
removal and of any legal remedies available to him or her. The notice must be posted at the place
of seizure, or delivered to a person residing at the place of seizure or, if the address of the owner
is different from the address of the person from whom the companion animal or companion
animals were seized, delivered by registered mail to his or her last known address.
have custody or control of any other animals for a period of time that the court deems
reasonable.
fighting purposes
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care.
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fighting purposes.
fighting purposes.
510 ILL. COMP. STAT. 70/3.07 (2009). Veterinarian reports; humane euthanasia
Any veterinarian in this State who observes or is presented with an animal or animals for the
treatment of aggravated cruelty under Section 3.02 or torture under Section 3.03 of this Act must
file a report with the Department and cooperate with the Department by furnishing the owner's
name, the date of receipt of the animal or animals and any treatment administered, and a
description of the animal or animals involved, including a microchip number if applicable. Any
veterinarian who in good faith makes a report, as required by this Section, has immunity from
any liability, civil, criminal, or otherwise, that may result from his or her actions. For the
purposes of any proceedings, civil or criminal, the good faith of the veterinarian shall be
presumed.
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An animal control warden, animal control administrator, approved humane investigator, or
animal shelter employee may humanely euthanize severely injured, diseased, or suffering
animals in exigent circumstances.
dogs.)
entertainment.
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entertainment.
(h) (Blank).
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misdemeanor.
injured.
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4 felony.
No owner or person shall confine any animal in a motor vehicle in such a manner that places it in
a life or health threatening situation by exposure to a prolonged period of extreme heat or cold,
without proper ventilation or other protection from such heat or cold. In order to protect the
health and safety of an animal, an animal control officer, law enforcement officer, or Department
investigator who has probable cause to believe that this Section is being violated shall have
authority to enter such motor vehicle by any reasonable means under the circumstances after
making a reasonable effort to locate the owner or other person responsible.

presumed.
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510 ILL. COMP. STAT. 70/11 (2009). Notification to violator; impoundment upon refusal or
failure to take corrective action
(a) If an investigation under Section 10 discloses that a violation of this Act has been
committed, the approved humane investigator shall furnish the violator, if known, with a notice
of violation, and state what action is necessary to come into compliance with this Act and that a
maximum of 48 hours may be granted in which to take corrective action.
(b) If the violator fails or refuses to take corrective action necessary for compliance or if the
violator is still unknown after an attempt to identify ownership, the humane investigator shall
contact the Department and request authorization to impound the animal or animals. The
Department will authorize impoundment if a review of facts gathered by the humane investigator
indicates a violation of Section 3 of this Act has occurred and the violator, if known, has failed
or refused to take corrective action necessary for compliance.
This Section shall not apply to violations committed under Section 4.01 of this Act.

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were impounded.
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510 ILL. COMP. STAT. 70/13 (2009). Normal husbandry practices--construction with other
acts
Nothing in this Act affects normal, good husbandry practices utilized by any person in the
production of food, companion or work animals, or in the extermination of undesirable pests. In
case of any alleged conflict between this Act, or regulations adopted hereunder, and the
AWildlife Code of Illinois@ [735 ILL. COMP. STAT. 5/3-101] or AAn Act to define and require the
use of humane methods in the handling, preparation for slaughter, and slaughter of livestock for
meat or meat products to be offered for sale@, approved July 26, 1967, as amended [735 ILL.
COMP. STAT. 5/3-101], the provisions of those Acts shall prevail.
510 ILL. COMP. STAT. 70/16.1 (2009). 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. 70/16.3 (2009). Civil actions
Any person who has a right of ownership in an animal that is subjected to an act of aggravated
cruelty under Section 3.02 or torture under Section 3.03 in violation of this Act or in an animal
that is injured or killed as a result of actions taken by a person who acts in bad faith under
subsection (b) of Section 3.06 or under Section 12 of this Act may bring a civil action to recover
the damages sustained by that owner. Damages may include, but are not limited to, the monetary
value of the animal, veterinary expenses incurred on behalf of the animal, any other expenses
incurred by the owner in rectifying the effects of the cruelty, pain, and suffering of the animal,
and emotional distress suffered by the owner. In addition to damages that may be proven, the
owner is also entitled to punitive or exemplary damages of not less than $500 but not more than
$25,000 for each act of abuse or neglect to which the animal was subjected. In addition, the court
must award reasonable attorney's fees and costs actually incurred by the owner in the prosecution
of any action under this Section.
The remedies provided in this Section are in addition to any other remedies allowed by law.
In an action under this Section, the court may enter any injunctive orders reasonably necessary to
protect animals from any further acts of abuse, neglect, or harassment by a defendant.
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The statute of limitations for cruelty to animals is 2 years.
510 ILL. COMP. STAT. 70/16.5 (2009). Emergency care to an animal; immunity from civil
liability.
Any person, including without limitation any person licensed under the Veterinary Medicine and
Surgery Practice Act of 2004 or licensed as a veterinarian in any other state or territory of the
United States, who in good faith provides emergency care or treatment without fee to an injured
animal or an animal separated from its owner due to an emergency or a disaster is not liable for
civil damages as a result of his or her acts or omissions in providing or arranging further care or
treatment, except for willful or wanton misconduct.
510 ILL. COMP. STAT. 70/17 (2009). 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. 70/18 (2009). 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
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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.
(e) A home rule unit may not regulate the reporting of child abuse or neglect in a manner
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.
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technician.
person.
sexual contact.
720 ILL. COMP. STAT. 5/12-36 (2009). Possession of certain dogs by felons prohibited
(a) For a period of 10 years commencing upon the release of a person from incarceration, it is
unlawful for a person convicted of a forcible felony, a felony violation of the Humane Care for
Animals Act, a felony violation of Section 26‑ 5 of this Code, a felony violation of Article 24 of
this Code, a felony violation of Class 3 or higher of the Illinois Controlled Substances Act, a
felony violation of Class 3 or higher of the Cannabis Control Act, or a felony violation of Class 2
or higher of the Methamphetamine Control and Community Protection Act, to knowingly own,
possess, have custody of, or reside in a residence with, either:
(1) an unspayed or unneutered dog or puppy older than 12 weeks of age; or
(2) irrespective of whether the dog has been spayed or neutered, any dog that has been
determined to be a vicious dog under Section 15 of the Animal Control Act.
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(b) Any dog owned, possessed by, or in the custody of a person convicted of a felony, as
described in subsection (a), must be microchipped for permanent identification.
(c) Sentence. A person who violates this Section is guilty of a Class A misdemeanor.
(d) It is an affirmative defense to prosecution under this Section that the dog in question is
neutered or spayed, or that the dog in question was neutered or spayed within 7 days of the
defendant being charged with a violation of this Section. Medical records from, or the certificate
of, a doctor of veterinary medicine licensed to practice in the State of Illinois who has personally
examined or operated upon the dog, unambiguously indicating whether the dog in question has
been spayed or neutered, shall be prima facie true and correct, and shall be sufficient evidence of
whether the dog in question has been spayed or neutered. This subsection (d) is not applicable to
any dog that has been determined to be a vicious dog under Section 15 of the Animal Control
Act.
entertainment.
entertainment.
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present:

Act.
4 felony.
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4 felony.
reasonable.
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725 ILL. COMP. STAT. 5/112A-14 (2009). Order of protection; remedies.
(a) Issuance of order. If the court finds that petitioner has been abused by a family or household
member, as defined in this Article, an order of protection prohibiting such abuse shall issue;
provided that petitioner must also satisfy the requirements of one of the following Sections, as
appropriate: Section 112A-17 on emergency orders, Section 112A-18 on interim orders, or
Section 112A-19 on plenary orders. Petitioner shall not be denied an order of protection because
petitioner or respondent is a minor. The court, when determining whether or not to issue an order
of protection, shall not require physical manifestations of abuse on the person of the victim.
Modification and extension of prior orders of protection shall be in accordance with this Article.
(b) Remedies and standards. The remedies to be included in an order of protection shall be
determined in accordance with this Section and one of the following Sections, as appropriate:
Section 112A-17 on emergency orders, Section 112A-18 on interim orders, and Section 112A-19
on plenary orders. The remedies listed in this subsection shall be in addition to other civil or
criminal remedies available to petitioner.
(1) Prohibition of abuse. Prohibit respondent's harassment, interference with personal

liberty, intimidation of a dependent, physical abuse or willful deprivation, as defined in
this Article, if such abuse has occurred or otherwise appears likely to occur if not
prohibited.
(2) Grant of exclusive possession of residence. Prohibit respondent from entering or

remaining in any residence or household of the petitioner, including one owned or leased
by respondent, if petitioner has a right to occupancy thereof. The grant of exclusive
possession of the residence shall not affect title to real property, nor shall the court be
limited by the standard set forth in Section 701 of the Illinois Marriage and Dissolution
of Marriage Act.
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(A) Right to occupancy. A party has a right to occupancy of a residence or
household if it is solely or jointly owned or leased by that party, that party's
spouse, a person with a legal duty to support that party or a minor child in that
party's care, or by any person or entity other than the opposing party that
authorizes that party's occupancy (e.g., a domestic violence shelter). Standards set
forth in subparagraph (B) shall not preclude equitable relief.
(B) Presumption of hardships. If petitioner and respondent each has the right to
occupancy of a residence or household, the court shall balance (i) the hardships to
respondent and any minor child or dependent adult in respondent's care resulting
from entry of this remedy with (ii) the hardships to petitioner and any minor child
or dependent adult in petitioner's care resulting from continued exposure to the
risk of abuse (should petitioner remain at the residence or household) or from loss
of possession of the residence or household (should petitioner leave to avoid the
risk of abuse). When determining the balance of hardships, the court shall also
take into account the accessibility of the residence or household. Hardships need
not be balanced if respondent does not have a right to occupancy.
The balance of hardships is presumed to favor possession by petitioner unless the

presumption is rebutted by a preponderance of the evidence, showing that the
hardships to respondent substantially outweigh the hardships to petitioner and any
minor child or dependent adult in petitioner's care. The court, on the request of
petitioner or on its own motion, may order respondent to provide suitable,
accessible, alternate housing for petitioner instead of excluding respondent from a
mutual residence or household.
(3) Stay away order and additional prohibitions. Order respondent to stay away from
petitioner or any other person protected by the order of protection, or prohibit respondent
from entering or remaining present at petitioner's school, place of employment, or other
specified places at times when petitioner is present, or both, if reasonable, given the
balance of hardships. Hardships need not be balanced for the court to enter a stay away
order or prohibit entry if respondent has no right to enter the premises.
If an order of protection grants petitioner exclusive possession of the residence, or

prohibits respondent from entering the residence, or orders respondent to stay away from
petitioner or other protected persons, then the court may allow respondent access to the
residence to remove items of clothing and personal adornment used exclusively by
respondent, medications, and other items as the court directs. The right to access shall be
exercised on only one occasion as the court directs and in the presence of an agreed-upon
adult third party or law enforcement officer.
(4) Counseling. Require or recommend the respondent to undergo counseling for a

specified duration with a social worker, psychologist, clinical psychologist, psychiatrist,
family service agency, alcohol or substance abuse program, mental health center
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guidance counselor, agency providing services to elders, program designed for domestic
violence abusers or any other guidance service the court deems appropriate. The court
may order the respondent in any intimate partner relationship to report to an Illinois
Department of Human Services protocol approved partner abuse intervention program for
an assessment and to follow all recommended treatment.
(5) Physical care and possession of the minor child. In order to protect the minor child
from abuse, neglect, or unwarranted separation from the person who has been the minor
child's primary caretaker, or to otherwise protect the well-being of the minor child, the
court may do either or both of the following: (i) grant petitioner physical care or
possession of the minor child, or both, or (ii) order respondent to return a minor child to,
or not remove a minor child from, the physical care of a parent or person in loco parentis.
physical care to respondent would not be in the minor child's best interest.
(6) Temporary legal custody. Award temporary legal custody to petitioner in accordance
with this Section, the Illinois Marriage and Dissolution of Marriage Act, the Illinois
Parentage Act of 1984, and this State's Uniform Child-Custody Jurisdiction and
Enforcement Act.
temporary legal custody to respondent would not be in the child's best interest.
(7) Visitation. Determine the visitation rights, if any, of respondent in any case in which
the court awards physical care or temporary legal custody of a minor child to petitioner.
The court shall restrict or deny respondent's visitation with a minor child if the court
finds that respondent has done or is likely to do any of the following: (i) abuse or
endanger the minor child during visitation; (ii) use the visitation as an opportunity to
abuse or harass petitioner or petitioner's family or household members; (iii) improperly
conceal or detain the minor child; or (iv) otherwise act in a manner that is not in the best
interests of the minor child. The court shall not be limited by the standards set forth in
Section 607.1 of the Illinois Marriage and Dissolution of Marriage Act. If the court grants
visitation, the order shall specify dates and times for the visitation to take place or other
specific parameters or conditions that are appropriate. No order for visitation shall refer
merely to the term "reasonable visitation".
Petitioner may deny respondent access to the minor child if, when respondent arrives for
visitation, respondent is under the influence of drugs or alcohol and constitutes a threat to
the safety and well-being of petitioner or petitioner's minor children or is behaving in a
violent or abusive manner.
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If necessary to protect any member of petitioner's family or household from future abuse,
respondent shall be prohibited from coming to petitioner's residence to meet the minor
child for visitation, and the parties shall submit to the court their recommendations for
reasonable alternative arrangements for visitation. A person may be approved to
supervise visitation only after filing an affidavit accepting that responsibility and
acknowledging accountability to the court.
(8) Removal or concealment of minor child. Prohibit respondent from removing a minor
child from the State or concealing the child within the State.
(9) Order to appear. Order the respondent to appear in court, alone or with a minor child,
to prevent abuse, neglect, removal or concealment of the child, to return the child to the
custody or care of the petitioner or to permit any court-ordered interview or examination
of the child or the respondent.
(10) Possession of personal property. Grant petitioner exclusive possession of personal

property and, if respondent has possession or control, direct respondent to promptly make
it available to petitioner, if:
(ii) the parties own the property jointly; sharing it would risk abuse of petitioner
by respondent or is impracticable; and the balance of hardships favors temporary
possession by petitioner.

the court may award petitioner temporary possession thereof under the standards
of subparagraph (ii) of this paragraph only if a proper proceeding has been filed
under the Illinois Marriage and Dissolution of Marriage Act, as now or hereafter
amended.
No order under this provision shall affect title to property.
(11) Protection of property. Forbid the respondent from taking, transferring,

encumbering, concealing, damaging or otherwise disposing of any real or personal
property, except as explicitly authorized by the court, if:
(ii) the parties own the property jointly, and the balance of hardships favors
granting this remedy.
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the court may grant petitioner relief under subparagraph (ii) of this paragraph only
if a proper proceeding has been filed under the Illinois Marriage and Dissolution
of Marriage Act, as now or hereafter amended.
The court may further prohibit respondent from improperly using the financial or
other resources of an aged member of the family or household for the profit or
advantage of respondent or of any other person.
(11.5) Protection of animals. Grant the petitioner the exclusive care, custody, or control
of any animal owned, possessed, leased, kept, or held by either the petitioner or the
respondent or a minor child residing in the residence or household of either the petitioner
or the respondent and order the respondent to stay away from the animal and forbid the
respondent from taking, transferring, encumbering, concealing, harming, or otherwise
disposing of the animal.
(12) Order for payment of support. Order respondent to pay temporary support for the
petitioner or any child in the petitioner's care or custody, when the respondent has a legal
obligation to support that person, in accordance with the Illinois Marriage and
Dissolution of Marriage Act, which shall govern, among other matters, the amount of
support, payment through the clerk and withholding of income to secure payment. An
order for child support may be granted to a petitioner with lawful physical care or
custody of a child, or an order or agreement for physical care or custody, prior to entry of
an order for legal custody. Such a support order shall expire upon entry of a valid order
granting legal custody to another, unless otherwise provided in the custody order.
(13) Order for payment of losses. Order respondent to pay petitioner for losses suffered
as a direct result of the abuse. Such losses shall include, but not be limited to, medical
expenses, lost earnings or other support, repair or replacement of property damaged or
taken, reasonable attorney's fees, court costs and moving or other travel expenses,
including additional reasonable expenses for temporary shelter and restaurant meals.
(i) Losses affecting family needs. If a party is entitled to seek maintenance, child
support or property distribution from the other party under the Illinois Marriage
and Dissolution of Marriage Act, as now or hereafter amended, the court may
order respondent to reimburse petitioner's actual losses, to the extent that such
reimbursement would be "appropriate temporary relief", as authorized by
subsection (a)(3) of Section 501 of that Act.
(ii) Recovery of expenses. In the case of an improper concealment or removal of a

minor child, the court may order respondent to pay the reasonable expenses
incurred or to be incurred in the search for and recovery of the minor child,
including but not limited to legal fees, court costs, private investigator fees, and
travel costs.
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(14) Prohibition of entry. Prohibit the respondent from entering or remaining in the
residence or household while the respondent is under the influence of alcohol or drugs
and constitutes a threat to the safety and well-being of the petitioner or the petitioner's
children.
(14.5) Prohibition of firearm possession. (a) When a complaint is made under a request
for an order of protection, that the respondent has threatened or is likely to use firearms
illegally against the petitioner, and the respondent is present in court, or has failed to
appear after receiving actual notice, the court shall examine on oath the petitioner, and
any witnesses who may be produced. If the court is satisfied that there is any danger of
the illegal use of firearms, it shall include in the order of protection the requirement that
any firearms in the possession of the respondent, except as provided in subsection (b), be
turned over to the local law enforcement agency for safekeeping. If the respondent fails
to appear, or refuses or fails to surrender his or her firearms, the court shall issue a
warrant for seizure of any firearm in the possession of the respondent. The period of
safekeeping shall be for a stated period of time not to exceed 2 years. The firearm or
firearms shall be returned to the respondent at the end of the stated period or at expiration
of the order of protection, whichever is sooner. (b) If the respondent is a peace officer as
defined in Section 2-13 of the Criminal Code of 1961, the court shall order that any
firearms used by the respondent in the performance of his or her duties as a peace officer
be surrendered to the chief law enforcement executive of the agency in which the
respondent is employed, who shall retain the firearms for safekeeping for the stated
period not to exceed 2 years as set forth in the court order.
(15) Prohibition of access to records. If an order of protection prohibits respondent from

having contact with the minor child, or if petitioner's address is omitted under subsection
(b) of Section 112A-5, or if necessary to prevent abuse or wrongful removal or
concealment of a minor child, the order shall deny respondent access to, and prohibit
respondent from inspecting, obtaining, or attempting to inspect or obtain, school or any
other records of the minor child who is in the care of petitioner.
(16) Order for payment of shelter services. Order respondent to reimburse a shelter
providing temporary housing and counseling services to the petitioner for the cost of the
services, as certified by the shelter and deemed reasonable by the court.
(17) Order for injunctive relief. Enter injunctive relief necessary or appropriate to prevent
further abuse of a family or household member or to effectuate one of the granted
remedies, if supported by the balance of hardships. If the harm to be prevented by the
injunction is abuse or any other harm that one of the remedies listed in paragraphs (1)
through (16) of this subsection is designed to prevent, no further evidence is necessary to
establish that the harm is an irreparable injury.
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(c) Relevant factors; findings.
(1) In determining whether to grant a specific remedy, other than payment of support, the
court shall consider relevant factors, including but not limited to the following:
(i) the nature, frequency, severity, pattern and consequences of the respondent's
past abuse of the petitioner or any family or household member, including the
concealment of his or her location in order to evade service of process or notice,
and the likelihood of danger of future abuse to petitioner or any member of
petitioner's or respondent's family or household; and
(ii) the danger that any minor child will be abused or neglected or improperly
removed from the jurisdiction, improperly concealed within the State or
improperly separated from the child's primary caretaker.
(2) In comparing relative hardships resulting to the parties from loss of possession of the
family home, the court shall consider relevant factors, including but not limited to the
following:
(i) availability, accessibility, cost, safety, adequacy, location and other

characteristics of alternate housing for each party and any minor child or
dependent adult in the party's care;
(ii) the effect on the party's employment; and
(iii) the effect on the relationship of the party, and any minor child or dependent
adult in the party's care, to family, school, church and community.
(3) Subject to the exceptions set forth in paragraph (4) of this subsection, the court shall
make its findings in an official record or in writing, and shall at a minimum set forth the
following:
(i) That the court has considered the applicable relevant factors described in
paragraphs (1) and (2) of this subsection.
(ii) Whether the conduct or actions of respondent, unless prohibited, will likely
cause irreparable harm or continued abuse.
(iii) Whether it is necessary to grant the requested relief in order to protect

petitioner or other alleged abused persons.
(4) For purposes of issuing an ex parte emergency order of protection, the court, as an
alternative to or as a supplement to making the findings described in paragraphs (c)(3)(i)
through (c)(3)(iii) of this subsection, may use the following procedure:
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When a verified petition for an emergency order of protection in accordance with the
requirements of Sections 112A-5 and 112A-17 is presented to the court, the court shall
examine petitioner on oath or affirmation. An emergency order of protection shall be
issued by the court if it appears from the contents of the petition and the examination of
petitioner that the averments are sufficient to indicate abuse by respondent and to support
the granting of relief under the issuance of the emergency order of protection.
(5) Never married parties. No rights or responsibilities for a minor child born outside of
marriage attach to a putative father until a father and child relationship has been
established under the Illinois Parentage Act of 1984. Absent such an adjudication, no
putative father shall be granted temporary custody of the minor child, visitation with the
minor child, or physical care and possession of the minor child, nor shall an order of
payment for support of the minor child be entered.
(d) Balance of hardships; findings. If the court finds that the balance of hardships does not
support the granting of a remedy governed by paragraph (2), (3), (10), (11), or (16) of subsection
(b) of this Section, which may require such balancing, the court's findings shall so indicate and
shall include a finding as to whether granting the remedy will result in hardship to respondent
that would substantially outweigh the hardship to petitioner from denial of the remedy. The
findings shall be an official record or in writing.
(e) Denial of remedies. Denial of any remedy shall not be based, in whole or in part, on evidence
that:
(1) Respondent has cause for any use of force, unless that cause satisfies the standards for
justifiable use of force provided by Article VII of the Criminal Code of 1961;
(2) Respondent was voluntarily intoxicated;
(3) Petitioner acted in self-defense or defense of another, provided that, if petitioner

utilized force, such force was justifiable under Article VII of the Criminal Code of 1961;
(4) Petitioner did not act in self-defense or defense of another;
(5) Petitioner left the residence or household to avoid further abuse by respondent;
(6) Petitioner did not leave the residence or household to avoid further abuse by
respondent;
(7) Conduct by any family or household member excused the abuse by respondent, unless
that same conduct would have excused such abuse if the parties had not been family or
household members.
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730 ILL. COMP. STAT. 5/5-4.5-40 (2009). Class 3 Felonies; Sentence
(a) TERM. The sentence of imprisonment shall be a determinate sentence of not less than 2 years
and not more than 5 years. The sentence of imprisonment for an extended term Class 3 felony, as
provided in Section 5-8-2 (730 ILCS 5/5-8-2), shall be a term not less than 5 years and not more
than 10 years.

term of up to 18 months, except as otherwise provided in Section 5-5-3 or 5-7-1 (730 ILCS 5/5-
5-3 or 5/5-7-1).
(c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 (730 ILCS 5/5-8-1.1 and
5/5-8-1.2) concerning eligibility for the impact incarceration program or the county impact


5/5-4.5-50).
(j) EARLY RELEASE; GOOD CONDUCT. See Section 3-6-3 of this Code (730 ILCS 5/3-6-3)
or the County Jail Good Behavior Allowance Act (730 ILCS 130/) for rules and regulations for
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(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as provided in Section 3-3-8 or
5-8-1 (730 ILCS 5/3-3-8 or 5/5-8-1), the parole or mandatory supervised release term shall be
one year upon release from imprisonment.
730 ILL. COMP. STAT. 5/5-4.5-45 (2009). Class 4 felonies; sentence
For a Class 4 felony:
(a) TERM. The sentence of imprisonment shall be a determinate sentence of not less than one
year and not more than 3 years. The sentence of imprisonment for an extended term Class 4
felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), shall be a term not less than 3 years and
not more than 6 years.

term of up to 18 months, except as otherwise provided in Section 5-5-3 or 5-7-1 (730 ILCS 5/5-
5-3 or 5/57-1).
(c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 (730 ILCS 5/5-8-1.1 and
5/5-8-1.2) concerning eligibility for the impact incarceration program or the county impact

(730 ILCS 5-5-3 or 5/5-6-2), the period of probation or conditional discharge shall not exceed 30
months. The court shall specify the conditions of probation or conditional discharge as set forth
in Section 5-6-3 (730 ILCS 5/5-6-3).

5/5-4.5-50).
(j) EARLY RELEASE; GOOD CONDUCT. See Section 3-6-3 of this Code (730 ILCS 5/3-6-3)
or the County Jail Good Behavior Allowance Act (730 ILCS 130) for rules and regulations for
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(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as provided in Section 3-3-8 or

5-8-1 (730 ILCS 5/3-3-8 or 5/5-8-1), the parole or mandatory supervised release term shall be
one year upon release from imprisonment.
730 ILL. COMP. STAT. 5/5-4.5-50 (2009). Sentence provisions; all felonies
Except as otherwise provided, for all felonies:
(a) NO SUPERVISION. The court, upon a plea of guilty or a stipulation by the defendant of the
facts supporting the charge or a finding of guilt, may not defer further proceedings and the
imposition of a sentence and may not enter an order for supervision of the defendant.
(b) FELONY FINES. An offender may be sentenced to pay a fine not to exceed, for each
offense, $25,000 or the amount specified in the offense, whichever is greater, or if the offender is
a corporation, $50,000 or the amount specified in the offense, whichever is greater. A fine may
be imposed in addition to a sentence of conditional discharge, probation, periodic imprisonment,
or imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of
additional amounts and determination of amounts and payment.
(c) REASONS FOR SENTENCE STATED. The sentencing judge in each felony conviction
shall set forth his or her reasons for imposing the particular sentence entered in the case, as
provided in Section 5-4-1 (730 ILCS 5/5-4-1). Those reasons may include any mitigating or
aggravating factors specified in this Code, or the lack of any such factors, as well as any other
mitigating or aggravating factors that the judge sets forth on the record that are consistent with
the purposes and principles of sentencing set out in this Code.
(d) MOTION TO REDUCE SENTENCE. A motion to reduce a sentence may be made, or the
court may reduce a sentence without motion, within 30 days after the sentence is imposed. A
defendant's challenge to the correctness of a sentence or to any aspect of the sentencing hearing
shall be made by a written motion filed with the circuit court clerk within 30 days following the
imposition of sentence. A motion not filed within that 30-day period is not timely. The court may
not increase a sentence once it is imposed. A notice of motion must be filed with the motion. The
notice of motion shall set the motion on the court's calendar on a date certain within a reasonable
time after the date of filing.
If a motion filed pursuant to this subsection is timely filed, the proponent of the motion shall
exercise due diligence in seeking a determination on the motion and the court shall thereafter
decide the motion within a reasonable time.
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If a motion filed pursuant to this subsection is timely filed, then for purposes of perfecting an
appeal, a final judgment is not considered to have been entered until the motion to reduce the
sentence has been decided by order entered by the trial court.
(e) CONCURRENT SENTENCE; PREVIOUS UNEXPIRED FEDERAL OR OTHER-STATE

SENTENCE. A defendant who has a previous and unexpired sentence of imprisonment imposed
by another state or by any district court of the United States and who, after sentence for a crime
in Illinois, must return to serve the unexpired prior sentence may have his or her sentence by the
Illinois court ordered to be concurrent with the prior other-state or federal sentence. The court
may order that any time served on the unexpired portion of the other-state or federal sentence,
prior to his or her return to Illinois, shall be credited on his or her Illinois sentence. The
appropriate official of the other state or the United States shall be furnished with a copy of the
order imposing sentence, which shall provide that, when the offender is released from other-state
or federal confinement, whether by parole or by termination of sentence, the offender shall be
transferred by the Sheriff of the committing Illinois county to the Illinois Department of
Corrections. The court shall cause the Department of Corrections to be notified of the sentence at
the time of commitment and to be provided with copies of all records regarding the sentence.
(f) REDUCTION; PREVIOUS UNEXPIRED ILLINOIS SENTENCE. A defendant who has a

previous and unexpired sentence of imprisonment imposed by an Illinois circuit court for a crime
in this State and who is subsequently sentenced to a term of imprisonment by another state or by
any district court of the United States and who has served a term of imprisonment imposed by
the other state or district court of the United States, and must return to serve the unexpired prior
sentence imposed by the Illinois circuit court, may apply to the Illinois circuit court that imposed
sentence to have his or her sentence reduced.
The circuit court may order that any time served on the sentence imposed by the other state or
district court of the United States be credited on his or her Illinois sentence. The application for
reduction of a sentence under this subsection shall be made within 30 days after the defendant
has completed the sentence imposed by the other state or district court of the United States.
(g) NO REQUIRED BIRTH CONTROL. A court may not impose a sentence or disposition that
requires the defendant to be implanted or injected with or to use any form of birth control.
730 ILL. COMP. STAT. 5/5-4.5-55 (2009). Class A misdemeanors; sentence
For a Class A misdemeanor:
(a) TERM. The sentence of imprisonment shall be a determinate sentence of less than one year.

term of less than one year, except as otherwise provided in Section 5-5-3 or 5-7-1 (730 ILCS
5/5-5-3 or 5/5-7-1).
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(c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS 5/5-8-1.2) concerning
eligibility for the county impact incarceration program.

2 years. The court shall specify the conditions of probation or conditional discharge as set forth
in Section 5-6-3 (730 ILCS 5/5-6-3).

730 ILL. COMP. STAT. 5/5-4.5-60 (2009). Class B misdemeanors; sentence
For a Class B misdemeanor:
months.

term of up to 6 months or as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).
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(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided in Section 5-6-2 (730

ILCS 5/5-6-2), the period of probation or conditional discharge shall not exceed 2 years. The
court shall specify the conditions of probation or conditional discharge as set forth in Section 5-
6-3 (730 ILCS 5/5-6-3).

730 ILL. COMP. STAT. 5/5-4.5-65 (2009). Class C misdemeanors; sentence
For a Class C misdemeanor:
days.

term of up to 30 days or as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).
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(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided in Section 5-6-2 (730
ILCS 5/5-6-2), the period of probation or conditional discharge shall not exceed 2 years. The
court shall specify the conditions of probation or conditional discharge as set forth in Section 5-
6-3 (730 ILCS 5/5-6-3).

730 ILL. COMP. STAT. 5/5-5-6 (2009). Restitution
In all convictions for offenses in violation of the Criminal Code of 1961 [720 ILCS 5/1-1 et seq.]
or of Section 11-501 of the Illinois Vehicle Code [625 ILCS 5/11-501] in which the person
received any injury to his or her person or damage to his or her real or personal property as a
result of the criminal act of the defendant, the court shall order restitution as provided in this
Section. In all other cases, except cases in which restitution is required under this Section, the
court must at the sentence hearing determine whether restitution is an appropriate sentence to be
imposed on each defendant convicted of an offense. If the court determines that an order
directing the offender to make restitution is appropriate, the offender may be sentenced to make
restitution. The court may consider restitution an appropriate sentence to be imposed on each
defendant convicted of an offense in addition to a sentence of imprisonment. The sentence of the
defendant to a term of imprisonment is not a mitigating factor that prevents the court from
ordering the defendant to pay restitution. If the offender is sentenced to make restitution the
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Court shall determine the restitution as hereinafter set forth:
(a) At the sentence hearing, the court shall determine whether the property may be restored in
kind to the possession of the owner or the person entitled to possession thereof; or whether the
defendant is possessed of sufficient skill to repair and restore property damaged; or whether the
defendant should be required to make restitution in cash, for out-of-pocket expenses, damages,
losses, or injuries found to have been proximately caused by the conduct of the defendant or
another for whom the defendant is legally accountable under the provisions of Article V of the
Criminal Code of 1961 [720 ILCS 5/5-1 et seq.].
(b) In fixing the amount of restitution to be paid in cash, the court shall allow credit for property
returned in kind, for property damages ordered to be repaired by the defendant, and for property
ordered to be restored by the defendant; and after granting the credit, the court shall assess the
actual out-of-pocket expenses, losses, damages, and injuries suffered by the victim named in the
charge and any other victims who may also have suffered out-of-pocket expenses, losses,
damages, and injuries proximately caused by the same criminal conduct of the defendant, and
insurance carriers who have indemnified the named victim or other victims for the out-of-pocket
expenses, losses, damages, or injuries, provided that in no event shall restitution be ordered to be
paid on account of pain and suffering. If a defendant is placed on supervision for, or convicted
of, domestic battery, the defendant shall be required to pay restitution to any domestic violence
shelter in which the victim and any other family or household members lived because of the
domestic battery. The amount of the restitution shall equal the actual expenses of the domestic
violence shelter in providing housing and any other services for the victim and any other family
or household members living at the shelter. If a defendant fails to pay restitution in the manner or
within the time period specified by the court, the court may enter an order directing the sheriff to
seize any real or personal property of a defendant to the extent necessary to satisfy the order of
restitution and dispose of the property by public sale. All proceeds from such sale in excess of
the amount of restitution plus court costs and the costs of the sheriff in conducting the sale shall
be paid to the defendant. The defendant convicted of domestic battery, if a person under 18 years
of age was present and witnessed the domestic battery of the victim, is liable to pay restitution
for the cost of any counseling required for the child at the discretion of the court.
(c) In cases where more than one defendant is accountable for the same criminal conduct that
results in out-of-pocket expenses, losses, damages, or injuries, each defendant shall be ordered to
pay restitution in the amount of the total actual out-of-pocket expenses, losses, damages, or
injuries to the victim proximately caused by the conduct of all of the defendants who are legally
accountable for the offense.
(1) In no event shall the victim be entitled to recover restitution in excess of the actual
out-of-pocket expenses, losses, damages, or injuries, proximately caused by the conduct
of all of the defendants.
(2) As between the defendants, the court may apportion the restitution that is payable in
proportion to each co-defendant's culpability in the commission of the offense.
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(3) In the absence of a specific order apportioning the restitution, each defendant shall
bear his pro rata share of the restitution.
(4) As between the defendants, each defendant shall be entitled to a pro rata reduction in
the total restitution required to be paid to the victim for amounts of restitution actually
paid by co-defendants, and defendants who shall have paid more than their pro rata share
shall be entitled to refunds to be computed by the court as additional amounts are paid by
co-defendants.
(d) In instances where a defendant has more than one criminal charge pending against him in a
single case, or more than one case, and the defendant stands convicted of one or more charges, a
plea agreement negotiated by the State's Attorney and the defendants may require the defendant
to make restitution to victims of charges that have been dismissed or which it is contemplated
will be dismissed under the terms of the plea agreement, and under the agreement, the court may
impose a sentence of restitution on the charge or charges of which the defendant has been
convicted that would require the defendant to make restitution to victims of other offenses as
provided in the plea agreement.
(e) The court may require the defendant to apply the balance of the cash bond, after payment of
court costs, and any fine that may be imposed to the payment of restitution.
(f) Taking into consideration the ability of the defendant to pay, including any real or personal
property or any other assets of the defendant, the court shall determine whether restitution shall
be paid in a single payment or in installments, and shall fix a period of time not in excess of 5
years or the period of time specified in subsection (f-1), not including periods of incarceration,
within which payment of restitution is to be paid in full. Complete restitution shall be paid in as
short a time period as possible. However, if the court deems it necessary and in the best interest
of the victim, the court may extend beyond 5 years the period of time within which the payment
of restitution is to be paid. If the defendant is ordered to pay restitution and the court orders that
restitution is to be paid over a period greater than 6 months, the court shall order that the
defendant make monthly payments; the court may waive this requirement of monthly payments
only if there is a specific finding of good cause for waiver.
(f-1)
(1) In addition to any other penalty prescribed by law and any restitution ordered under
this Section that did not include long-term physical health care costs, the court may, upon
conviction of any misdemeanor or felony, order a defendant to pay restitution to a victim
in accordance with the provisions of this subsection (f-1) if the victim has suffered
physical injury as a result of the offense that is reasonably probable to require or has
required long-term physical health care for more than 3 months. As used in this
subsection (f-1) "long-term physical health care" includes mental health care.
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(2) The victim's estimate of long-term physical health care costs may be made as part of a
victim impact statement under Section 6 of the Rights of Crime Victims and Witnesses
Act [725 ILCS 120/1 et seq.] or made separately. The court shall enter the long-term
physical health care restitution order at the time of sentencing. An order of restitution
made under this subsection (f-1) shall fix a monthly amount to be paid by the defendant
for as long as long-term physical health care of the victim is required as a result of the
offense. The order may exceed the length of any sentence imposed upon the defendant
for the criminal activity. The court shall include as a special finding in the judgment of
conviction its determination of the monthly cost of long-term physical health care.
(3) After a sentencing order has been entered, the court may from time to time, on the
petition of either the defendant or the victim, or upon its own motion, enter an order for
restitution for long-term physical care or modify the existing order for restitution for
long-term physical care as to the amount of monthly payments. Any modification of the
order shall be based only upon a substantial change of circumstances relating to the cost
of long-term physical health care or the financial condition of either the defendant or the
victim. The petition shall be filed as part of the original criminal docket.
(g) In addition to the sentences provided for in Sections 11-19.2, 11-20.1, 12-13, 12-14, 12-14.1,
12-15, and 12-16 of the Criminal Code of 1961 [720 ILCS 5/11-19.2, 720 ILCS 5/11-20.1, 720
ILCS 5/12-13, 720 ILCS 5/12-14, 720 ILCS 5/12-14.1, 720 ILCS 5/12-15, and 720 ILCS 5/12-
16], the court may order any person who is convicted of violating any of those Sections or who
was charged with any of those offenses and which charge was reduced to another charge as a
result of a plea agreement under subsection (d) of this Section to meet all or any portion of the
financial obligations of treatment, including but not limited to medical, psychiatric, or
rehabilitative treatment or psychological counseling, prescribed for the victim or victims of the
offense.
(1) the defendant was convicted of an offense under Sections 11-19.2, 11-20.1, 12-13,
12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 [720 ILCS 5/11-19.2, 720
ILCS 5/11-20.1, 720 ILCS 5/12-13, 720 ILCS 5/12-14, 720 ILCS 5/12-14.1, 720 ILCS
5/12-15 or 720 ILCS 5/12-16], or was charged with such an offense and the charge was
reduced to another charge as a result of a plea agreement under subsection (d) of this
Section, and
(2) the victim was under 18 years of age at the time the offense was committed and
requires counseling as a result of the offense.
The payments shall be made by the defendant to the clerk of the circuit court and transmitted by
the clerk to the appropriate person or agency as directed by the court. Except as otherwise
provided in subsection (f-1), the order may require such payments to be made for a period not to
exceed 5 years after sentencing, not including periods of incarceration.
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(h) The judge may enter an order of withholding to collect the amount of restitution owed in
accordance with Part 8 of Article XII of the Code of Civil Procedure [735 ILCS 5/12-801 et
seq.].
(i) A sentence of restitution may be modified or revoked by the court if the offender commits
another offense, or the offender fails to make restitution as ordered by the court, but no sentence
to make restitution shall be revoked unless the court shall find that the offender has had the
financial ability to make restitution, and he has wilfully refused to do so. When the offender's
ability to pay restitution was established at the time an order of restitution was entered or
modified, or when the offender's ability to pay was based on the offender's willingness to make
restitution as part of a plea agreement made at the time the order of restitution was entered or
modified, there is a rebuttable presumption that the facts and circumstances considered by the
court at the hearing at which the order of restitution was entered or modified regarding the
offender's ability or willingness to pay restitution have not materially changed. If the court shall
find that the defendant has failed to make restitution and that the failure is not wilful, the court
may impose an additional period of time within which to make restitution. The length of the
additional period shall not be more than 2 years. The court shall retain all of the incidents of the
original sentence, including the authority to modify or enlarge the conditions, and to revoke or
further modify the sentence if the conditions of payment are violated during the additional
period.
(j) The procedure upon the filing of a Petition to Revoke a sentence to make restitution shall be
the same as the procedures set forth in Section 5-6-4 of this Code [730 ILCS 5/5-6-4] governing
violation, modification, or revocation of Probation, of Conditional Discharge, or of Supervision.
(k) Nothing contained in this Section shall preclude the right of any party to proceed in a civil
action to recover for any damages incurred due to the criminal misconduct of the defendant.
(l) Restitution ordered under this Section shall not be subject to disbursement by the circuit clerk
under Section 27.5 of the Clerks of Courts Act [705 ILCS 105/27.5].
(m) A restitution order under this Section is a judgment lien in favor of the victim that:
(1) Attaches to the property of the person subject to the order;
(2) May be perfected in the same manner as provided in Part 3 of Article 9 of the
Uniform Commercial Code [810 ILCS 5/9-301 et seq.];
(3) May be enforced to satisfy any payment that is delinquent under the restitution order
by the person in whose favor the order is issued or the person's assignee; and
(4) Expires in the same manner as a judgment lien created in a civil proceeding.
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When a restitution order is issued under this Section, the issuing court shall send a certified copy
of the order to the clerk of the circuit court in the county where the charge was filed. Upon
receiving the order, the clerk shall enter and index the order in the circuit court judgment docket.
(n) An order of restitution under this Section does not bar a civil action for:
(1) Damages that the court did not require the person to pay to the victim under the
restitution order but arise from an injury or property damages that is the basis of
restitution ordered by the court; and
(2) Other damages suffered by the victim.
The restitution order is not discharged by the completion of the sentence imposed for the offense.
A restitution order under this Section is not discharged by the liquidation of a person's estate by a
receiver. A restitution order under this Section may be enforced in the same manner as judgment
liens are enforced under Article XII of the Code of Civil Procedure [735 ILCS 5/12-101 et seq.].
The provisions of Section 2-1303 of the Code of Civil Procedure [735 ILCS 5/2-1303],
providing for interest on judgments, apply to judgments for restitution entered under this
Section.
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ANIMAL PROTECTION LAWS OF INDIANA
ANIMAL PROTECTION LAWS OF INDIANA
2. PENALTIES
3. EXEMPTIONS
12. SEXUAL ASSAULT
13. FIGHTING
This chapter contains Indiana’s general animal protection and related statutes enacted prior to November 2009. It
Indiana may employ similar provisions within other non-animal-specific criminal and civil statutes; may have other

USA Map
INDIANA

Abandonment or neglect of vertebrate
animals
IND. CODE § 35-46-3-7
(2)
Torture, beating, mutilation of vertebrate
animals
IND. CODE § 35-46-3-12(b), (c)
(3)
Knowingly or intentionally killing a domestic
animal without the consent of the owner
IND. CODE § 35-46-3-12(d)(2)
(4)
Killing vertebrate animal with intent to
threaten a family or household member
IND. CODE § 35-46-3-12.5
Animals Covered in Definition “’Animal’ does not include a human being”

IND. CODE § 35-46-3-3

[1st offense]:
Class A misdemeanor
[Subsequent offenses, not including
“harboring a non-immunized dog”]:
Class D felony
----------
(2)
[1st offense involving beating]:
Class A misdemeanor
[1st offense involving torturing or mutilating,
and for subsequent beating offenses]:
Class D felony
----------
(3), (4)
Class D felony
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INDIANA continued
2. MAXIMUM PENALTIES ** Class A misdemeanor:

1 year imprisonment
and
$5,000 fine
IND. CODE § 35-50-3-2
----------
Class D felony:
3 years
and
$10,000 fine
IND. CODE § 35-50-2-7
3. EXEMPTIONS *** 1, 2, 3, 4, 5, 6, 9
IND. CODE § 35-46-3-5,
9
IND. CODE §§ 35-46-3-12(a), (d), (e)
IND. CODE § 35-46-3-7(b), (c)
2, 5
IND. CODE § 35-46-3-15
4. COUNSELING / EVALUATIONS H The court shall consider ordering

psychological, behavioral, or other
counseling for offenders
IND. CODE § 35-46-3-12(f)
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INDIANA continued
5. PROTECTIVE ORDERS H If the parole board prohibits a parolee from

having contact with an individual, the parole
board may also prohibit the parolee from
having direct or indirect contact with any
animal belonging to the individual
IND. CODE § 11-13-3-4(l)
"Crime involving domestic or family

violence" includes a crime involving animal
cruelty and a family or household member
under IC 35-46-3-12(b)(2) or IC 35-46-3-
12.5
IND. CODE §§ 31-9-2-29.5, 35-41-1-6.5
When there is a crime involving animal

cruelty and a family or household member a
a protective order may be issued
IND. CODE § 34-26-5-2
As a condition of bail, the court may require

the defendant to refrain from any direct or
indirect contact with an individual and, if the
defendant has been charged with an offense
under IC 35-46-3, any animal belonging to
the individual, including if the defendant has
not been released from lawful detention.
IND. CODE § 35-33-8-3.2(a)
As a condition of probation, the court may

order the defendant to refrain from any direct
or indirect contact with an individual and, if
convicted of an offense under IC 35-46-3,
any animal belonging to the individual.
IND. CODE § 35-38-2-2.3(a)(17)
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INDIANA continued
6. RESTITUTION / REIMBURSEMENT Owner may prevent disposition of impounded

H
OF COSTS / BONDING & LIENS animal by posting a renewable bond for costs
of care within 10 days of impoundment
IND. CODE § 35-46-3-6(c),(d)
Upon conviction the court may require cost of
care to be paid
IND. CODE § 35-46-3-6(h)(1)
7. SEIZURE / ON-SITE SUPERVISION Law enforcement officer or other person with

authority to impound may seize animal for
probable cause; if court later determines no
probable cause existed, the court shall order
animal returned
IND. CODE §§ 35-46-3-6(b),(d)
Upon filing of abuse charges, the state
veterinarian or designee must investigate the
condition of the mistreated animal and make
a recommendation concerning a seizure
IND. CODE §§ 35-46-3-6(e)-(g)
8. FORFEITURE / POSSESSION H As a condition of parole, the parole board

may prohibit an offender from owning,
harboring, or training an animal
IND. CODE § 11-13-3-4(l)
As a condition of bail, the court may require a
defendant to refrain from owning, harboring,
or training an animal
IND. CODE § 35-33-8-3.2(8)
Failure to post or renew a bond for costs of
care allows shelter to determine disposition of
impounded animal, subject to court order
IND. CODE § 35-46-3-6(c)
Upon conviction the court may order
forfeiture of animal involved in the offense
and any other animal in the care or custody of
the offender
IND. CODE §§ 35-46-3-6(h)(2),(i)
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INDIANA continued
10. VETERINARIAN REPORTING / IMMUNITY A veterinarian or veterinary technician who

reports in good faith and in the normal course
of business reports a suspected incident of
animal cruelty is immune from civil or
criminal liability for such reporting
IND. CODE § 25-38.1-4-8.5
11. LAW ENFORCEMENT POLICIES State Board of Animal Health has the power
and duty to assist law enforcement agencies
investigating allegations of cruelty and
neglect of animals
IND. CODE § 15-17-3-13(30)
Humane officer is to be appointed from

members of police department and shall
arrest persons violating humane statutes
IND. CODE § 36-8-3-18
12. SEXUAL ASSAULT Directing, aiding, inducing, or causing a child

under the age of sixteen to engage in sexual
conduct with an animal other than a human
being with intent to arouse or satisfy the
sexual desires of a child or the older person is
a felony
IND. CODE § 35-42-4-5
Bestiality is a Class D felony

IND. CODE § 35-46-3-14
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INDIANA continued
13. FIGHTING “Animal fighting contest” means a conflict

with two or more animals
IND. CODE § 35-46-3-4
“Animal fighting paraphernalia” means

equipment used to train or condition animals
for participation in an animal fighting contest
IND. CODE § 35-46-3-4.3
Purchasing or possessing animals for fighting

is a Class D felony
IND. CODE § 35-46-3-8
Possession of animal fighting paraphernalia is

a Class B misdemeanor for first offense, a
Class A misdemeanor for subsequent offenses
IND. CODE § 35-46-3-8.5
Various animal fighting activities are Class D

felonies
IND. CODE §§ 35-46-3-9, -9.5
Attending an animal fighting contest is a

Class A misdemeanor for first offense, and a
Class D felony if the offender has a prior
animal cruelty or fighting conviction
IND. CODE § 35-46-3-10
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IND. CODE § 35-46-3-0.5 (2009). Definitions
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;
(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
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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) of this chapter)
or expose domestic animal to a poisonous substance with the intent that the domestic
animal ingest the substance and suffer harm, pain, or physical injury.
IND. CODE § 35-46-3-3 (2009). AAnimal@ defined
As used in this chapter, Aanimal@ does not include a human being.
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IND. CODE § 35-46-3-7 (2009). Abandonment or neglect of vertebrate animal
(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 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 § 35-46-3-12 (2009). Beating vertebrate 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
(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:
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(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: 
(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 § 35-46-3-12.5 (2009). Domestic violence animal cruelty
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.
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2. PENALTIES
IND. CODE § 35-50-2-7 (2009). Class D felony
(a) A person who commits a Class D felony shall be imprisoned for a fixed term of between six
(6) months and three (3) years, with the advisory sentence being one and one-half (1 1/2 ) years.
In addition, the person may be fined not more than ten thousand dollars ($10,000).
(b) Notwithstanding subsection (a), if a person has committed a Class D felony, the court may
enter judgment of conviction of a Class A misdemeanor and sentence accordingly. However, the
court shall enter a judgment of conviction of a Class D felony if:
(1) the court finds that:
(A) the person has committed a prior, unrelated felony for which judgment was
entered as a conviction of a Class A misdemeanor; and
(B) the prior felony was committed less than three (3) years before the second
felony was committed;
(2) the offense is domestic battery as a Class D felony under IC 35-42-2- 1.3; or
(3) the offense is possession of child pornography (IC 35-42-4-4(c)).
The court shall enter in the record, in detail, the reason for its action whenever it exercises the
power to enter judgment of conviction of a Class A misdemeanor granted in this subsection.
IND. CODE § 35-50-3-2 (2009). Class A misdemeanor.
A person who commits a Class A misdemeanor shall be imprisoned for a fixed term of not more
than one (1) year; in addition, he may be fined not more than five thousand dollars ($5,000).
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3. EXEMPTIONS
IND. CODE § 35-46-3-5 (2009). 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.
(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.
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(14) Parking an animal.
(15) Humane destruction of an animal that the person owns.
(b) Section 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.
(a) A person who:

person who had the animal in the person's custody reasonably believed that the vertebrate
animal was capable of surviving on its own.

governmental entity operating an animal shelter or other animal impounding facility;
and
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limited to:
and emus; and
damage; or
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IND. CODE § 35-46-3-15 (2009). 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).
(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.
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limited to:
and emus; and
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damage; or
(f) When a court imposes a sentence or enters a dispositional decree under this section, the
court:

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IND. CODE § 11-13-3-4 (2009). Parole Conditions; Expenses
(a) A condition to remaining on parole is that the parolee not commit a crime during the period
of parole.
(b) The parole board may also adopt, under IC 4-22-2, additional conditions to remaining on
parole and require a parolee to satisfy one (1) or more of these conditions. These conditions must
be reasonably related to the parolee's successful reintegration into the community and not unduly
restrictive of a fundamental right.
(c) If a person is released on parole, the parolee shall be given a written statement of the
conditions of parole. Signed copies of this statement shall be:
(1) retained by the parolee;
(2) forwarded to any person charged with the parolee's supervision; and
(3) placed in the parolee's master file.
(d) The parole board may modify parole conditions if the parolee receives notice of that action
and had ten (10) days after receipt of the notice to express the parolee's views on the proposed
modification. This subsection does not apply to modification of parole conditions after a
revocation proceeding under section 10 of this chapter.
(e) As a condition of parole, the parole board may require the parolee to reside in a particular
parole area. In determining a parolee's residence requirement, the parole board shall:
(1) consider:
(A) the residence of the parolee prior to the parolee's incarceration; and
(B) the parolee's place of employment; and
(2) assign the parolee to reside in the county where the parolee resided prior to the
parolee's incarceration unless assignment on this basis would be detrimental to the
parolee's successful reintegration into the community.
(f) As a condition of parole, the parole board may require the parolee to:
(1) periodically undergo a laboratory chemical test (as defined in IC 14-15-8-1) or series
of tests to detect and confirm the presence of a controlled substance (as defined in IC 35-
48-1-9); and
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(2) have the results of any test under this subsection reported to the parole board by the
laboratory.
The parolee is responsible for any charges resulting from a test required under this subsection.
However, a person's parole may not be revoked on the basis of the person's inability to pay for a
test under this subsection.
(g) As a condition of parole, the parole board:
(1) may require a parolee who is a sex offender (as defined in IC 11-8-8-4.5) to:
(A) participate in a treatment program for sex offenders approved by the parole
board; and
(B) avoid contact with any person who is less than sixteen (16) years of age
unless the parolee:
(i) receives the parole board's approval; or
(ii) successfully completes the treatment program referred to in clause (A);

and
(2) shall:
(A) require a parolee who is a sex or violent offender (as defined in IC 11-8-8-5)
to register with a local law enforcement authority under IC 11-8-8;
(B) prohibit a parolee who is a sex offender from residing within one thousand
(1,000) feet of school property (as defined in IC 35-41-1-24.7) for the period of
parole, unless the sex offender obtains written approval from the parole board;
(C) prohibit a parolee who is a sex offender convicted of a sex offense (as defined
in IC 35-38-2-2.5) from residing within one (1) mile of the victim of the sex
offender's sex offense unless the sex offender obtains a waiver under IC 35-38-2-
2.5; and
(D) prohibit a parolee who is a sex offender from owning, operating, managing,
being employed by, or volunteering at any attraction designed to be primarily
enjoyed by children less than sixteen (16) years of age;
(E) require a parolee who is a sex offender to consent:
(i) to the search of the sex offender's personal computer at any time; and
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(ii) to the installation on the sex offender's personal computer or device
with Internet capability, at the sex offender's expense, of one (1) or more
hardware or software systems to monitor Internet usage; and
(F) prohibit the sex offender from:
(i) accessing or using certain web sites, chat rooms, or instant messaging
programs frequented by children; and
(ii) deleting, erasing, or tampering with information on the sex offender's

personal computer with intent to conceal an activity prohibited by item (i).
The parole board may not grant a sexually violent predator (as defined in IC 35-38-1-7.5) or a
sex offender who is an offender against children under IC 35-42-4-11 a waiver under subdivision
(2)(B) or (2)(C). If the parole board allows the sex offender to reside within one thousand
(1,000) feet of school property under subdivision (2)(B), the parole board shall notify each
school within one thousand (1,000) feet of the sex offender's residence of the order.
(h) The address of the victim of a parolee who is a sex offender convicted of a sex offense (as
defined in IC 35-38-2-2.5) is confidential, even if the sex offender obtains a waiver under IC 35-
38-2-2.5.
(i) As a condition of parole, the parole board may require a parolee to participate in a reentry
court program.
(j) As a condition of parole, the parole board:
(1) shall require a parolee who is a sexually violent predator under IC 35-38-1-7.5; and
(2) may require a parolee who is a sex or violent offender (as defined in IC 11-8-8-5); to
wear a monitoring device (as described in IC 35-38-2.5-3) that can transmit information
twenty-four (24) hours each day regarding a person's precise location.
(k) As a condition of parole, the parole board may prohibit, in accordance with IC 35-38-2-2.6, a
parolee who has been convicted of stalking from residing within one thousand (1,000) feet of the
residence of the victim of the stalking for a period that does not exceed five (5) years.
(l) As a condition of parole, the parole board may prohibit a parolee convicted of an offense
under IC 35-46-3 from owning, harboring, or training an animal, and, if the parole board
prohibits a parolee convicted of an offense under IC 35-46-3 from having direct or indirect
contact with an individual, the parole board may also prohibit the parolee from having direct or
indirect contact with any animal belonging to the individual.
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(m) A parolee may be responsible for the reasonable expenses, as determined by the department,
of the parolee's participation in a treatment or other program required as a condition of parole
under this section. However, a person's parole may not be revoked solely on the basis of the
person's inability to pay for a program required as a condition of parole under this section.
IND. CODE § 31-9-2-29.5 (2009). “Crimes involving domestic or family violence”
"Crime involving domestic or family violence" means a crime that occurs when a family or
household member commits, attempts to commit, or conspires to commit any of the following
against another family or household member:
(1) A homicide offense under IC 35-42-1.
(2) A battery offense under IC 35-42-2.
(3) Kidnapping or confinement under IC 35-42-3.
(4) A sex offense under IC 35-42-4.
(5) Robbery under IC 35-42-5.
(6) Arson or mischief under IC 35-43-1.
(7) Burglary or trespass under IC 35-43-2.
(8) Disorderly conduct under IC 35-45-1.
(9) Intimidation or harassment under IC 35-45-2. 
(10) Voyeurism under IC 35-45-4.
(11) Stalking under IC 35-45-10.
(12) An offense against the family under IC 35-46-1-2 through IC 35-46-1-8,

IC 35-46-1-12, or IC 35-46-1-15.1.
(13) Human and sexual trafficking crimes under IC 35-42-3.5.
(14) A crime involving animal cruelty and a family or household member under
IC 35-46-3-12(b)(2) or IC 35-46-3-12.5.
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IND. CODE § 34-26-5-2 (2009). Persons against whom petitions may be filed
(a) A person who is or has been a victim of domestic or family violence may file a petition for an
order for protection against a:
(1) family or household member who commits an act of domestic or family violence; or
(2) person who has committed stalking under IC 35-45-10-5 or a sex offense under IC
35-42-4 against the petitioner.
(b) A parent, a guardian, or another representative may file a petition for an order for protection
on behalf of a child against a:
35-42-4 against the child.
(c) A court may issue only one (1) order for each respondent. If a petitioner files a petition
against more than one (1) respondent, the court shall:
(1) assign a new case number; and
(2) maintain a separate court file;
for each respondent.
(d) If a petitioner seeks relief against an unemancipated minor, the case may originate in any
court of record and, if it is an emergency matter, be processed the same as an ex parte petition.
When a hearing is set, the matter may be transferred to a court with juvenile jurisdiction.
IND. CODE § 35-33-8-3.2 (2009). Conditions to assure appearance; remittance of deposition,

collection of Fees
(a) A court may admit a defendant to bail and impose any of the following conditions to assure
the defendant's appearance at any stage of the legal proceedings, or, upon a showing of clear
and convincing evidence that the defendant poses a risk of physical danger to another person or
the community, to assure the public's physical safety:
(1) Require the defendant to:
(A) execute a bail bond with sufficient solvent sureties;
(B) deposit cash or securities in an amount equal to the bail;

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(C) execute a bond secured by real estate in the county, where thirty-three
hundredths (0.33) of the true tax value less encumbrances is at least equal
to the amount of the bail;
(D) post a real estate bond; or
(E) perform any combination of the requirements described in clauses (A)

through (D).
If the court requires the defendant to deposit cash or cash and another form of security as bail,
the court may require the defendant and each person who makes the deposit on behalf of the
defendant to execute an agreement that allows the court to retain all or a part of the cash to pay
publicly paid costs of representation and fines, costs, fees, and restitution that the court may
order the defendant to pay if the defendant is convicted. The defendant must also pay the fee
required by subsection (d).
(2) Require the defendant to execute:
(A) a bail bond by depositing cash or securities with the clerk of the court
in an amount not less than ten percent (10%) of the bail; and 
(B) an agreement that allows the court to retain all or a part of the cash or curities
to pay fines, costs, fees, and restitution that the court may order the defendant to
pay if the defendant is convicted. A portion of the deposit, not to exceed ten
percent (10%) of the monetary value of the deposit or fifty dollars ($50),
whichever is the lesser amount, may be retained as an administrative fee. The
clerk shall also retain from the deposit under this subdivision fines, costs, fees,
and restitution as ordered by the court, publicly paid costs of representation that
shall be disposed of in accordance with subsection (b), and the fee required by
subsection (d). In the event of the posting of a real estate bond, the bond shall be
used only to insure the presence of the defendant at any stage of the legal
proceedings, but shall not be foreclosed for the payment of fines, costs, fees, or
restitution. The individual posting bail for the defendant or the defendant admitted
to bail under this subdivision must be notified by the sheriff, court, or clerk that
the defendant's deposit may be forfeited under section 7 of this chapter or retained
under subsection (b).
(3) Impose reasonable restrictions on the activities, movements, associations, and

residence of the defendant during the period of release.
(4) Require the defendant to refrain from any direct or indirect contact with an individual
and, if the defendant has been charged with an offense under IC 35-46-3, any animal
belonging to the individual, including if the defendant has not been released from lawful
detention.
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(5) Place the defendant under the reasonable supervision of a probation officer, pretrial
services agency, or other appropriate public official. If the court places the defendant
under the supervision of a probation officer or pretrial services agency, the court shall
determine whether the defendant must pay the pretrial services fee under section 3.3 of
this chapter.
(6) Release the defendant into the care of a qualified person or organization responsible
for supervising the defendant and assisting the defendant in appearing in court. The
supervisor shall maintain reasonable contact with the defendant in order to assist the
defendant in making arrangements to appear in court and, where appropriate, shall
accompany the defendant to court. The supervisor need not be financially responsible for
the defendant.
(7) Release the defendant on personal recognizance unless:
(A) the state presents evidence relevant to a risk by the defendant: 
(i) of nonappearance; or 
(ii) to the physical safety of the public; and 
(B) the court finds by a preponderance of the evidence that the risk exists.
(8) Require a defendant charged with an offense under IC 35-46-3 to refrain from
owning, harboring, or training an animal.
(9) Impose any other reasonable restrictions designed to assure the defendant's presence
in court or the physical safety of another person or the community.
(b) Within thirty (30) days after disposition of the charges against the defendant, the court that
admitted the defendant to bail shall order the clerk to remit the amount of the deposit remaining
under subsection (a)(2) to the defendant. The portion of the deposit that is not remitted to the
defendant shall be deposited by the clerk in the supplemental public defender services fund
established under IC 33-40-3. 
(c) For purposes of subsection (b), "disposition" occurs when the indictment or information is
dismissed or the defendant is acquitted or convicted of the charges.
(d) Except as provided in subsection (e), the clerk of the court shall:
(1) collect a fee of five dollars ($5) from each bond or deposit required under subsection
(a)(1); and
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(2) retain a fee of five dollars ($5) from each deposit under subsection (a)(2).The clerk of
the court shall semiannually remit the fees collected under this subsection to the board of
trustees of the public employees' retirement fund for deposit in the special death benefit
fund. The fee required by subdivision (2) is in addition to the administrative fee retained
under subsection (a)(2).
(e) With the approval of the clerk of the court, the county sheriff may collect the bail posted
under this section. The county sheriff shall remit the bail to the clerk of the court by the
following business day and remit monthly the five dollar ($5) special death benefit fee to the
county auditor.
(f) When a court imposes a condition of bail described in subsection (a)(4):
(1) the clerk of the court shall comply with IC 5-2-9; and
(2) the prosecuting attorney shall file a confidential form prescribed or approved by the
division of state court administration with the clerk.
IND. CODE § 35-38-2-2.3 (2009). Conditions of probation; statement of conditions; term of

imprisonment; intermittent service; transfers and retransfers of supervision
(a) As a condition of probation, the court may require a person to do a combination of the
following:
(1) Work faithfully at suitable employment or faithfully pursue a course of study or

career and technical education that will equip the person for suitable employment.
(2) Undergo available medical or psychiatric treatment and remain in a specified

institution if required for that purpose.
(3) Attend or reside in a facility established for the instruction, recreation, or residence of
persons on probation.
(4) Support the person's dependents and meet other family responsibilities.
(5) Make restitution or reparation to the victim of the crime for damage or injury that was
sustained by the victim. When restitution or reparation is a condition of probation, the
court shall fix the amount, which may not exceed an amount the person can or will be
able to pay, and shall fix the manner of performance.
(6) Execute a repayment agreement with the appropriate governmental entity to repay the
full amount of public relief or assistance wrongfully received, and make repayments
according to a repayment schedule set out in the agreement.
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(7) Pay a fine authorized by IC 35-50.
(8) Refrain from possessing a firearm or other deadly weapon unless granted written
permission by the court or the person's probation officer.
(9) Report to a probation officer at reasonable times as directed by the court or the
probation officer.
(10) Permit the person's probation officer to visit the person at reasonable times at
the person's home or elsewhere.
(11) Remain within the jurisdiction of the court, unless granted permission to leave by
the court or by the person's probation officer.
(12) Answer all reasonable inquiries by the court or the person's probation officer and
promptly notify the court or probation officer of any change in address or employment.
(13) Perform uncompensated work that benefits the community.
(14) Satisfy other conditions reasonably related to the person's rehabilitation.
(15) Undergo home detention under IC 35-38-2.5.
(16) Undergo a laboratory test or series of tests approved by the state department of
health to detect and confirm the presence of the human immunodeficiency virus (HIV)
antigen or antibodies to the human immunodeficiency virus (HIV), if:
(A) the person had been convicted of an offense relating to a criminal sexual act
and the offense created an epidemiologically demonstrated risk of transmission of
the human immunodeficiency virus (HIV); or
(B) the person had been convicted of an offense relating to a controlled substance
and the offense involved:
(i) the delivery by any person to another person; or
(ii) the use by any person on another person;
of a contaminated sharp (as defined in IC 16-41-16-2) or other paraphernalia that

creates an epidemiologically demonstrated risk of transmission of HIV by
involving percutaneous contact.
(17) Refrain from any direct or indirect contact with an individual and, if convicted of an
offense under IC 35-46-3, any animal belonging to the individual.
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(18) Execute a repayment agreement with the appropriate governmental entity or with a
person for reasonable costs incurred because of the taking, detention, or return of a
missing child (as defined in IC 10-13-5-4).
(19) Periodically undergo a laboratory chemical test (as defined in IC 14-15-8-1) or

series of chemical tests as specified by the court to detect and confirm the presence of a
controlled substance (as defined in IC 35-48-1-9). The person on probation is responsible
for any charges resulting from a test and shall have the results of any test under this
subdivision reported to the person's probation officer by the laboratory.
(20) If the person was confined in a penal facility, execute a reimbursement plan as
directed by the court and make repayments under the plan to the authority that operates
the penal facility for all or part of the costs of the person's confinement in the penal
facility. The court shall fix an amount that:
(A) may not exceed an amount the person can or will be able to pay;
(B) does not harm the person's ability to reasonably be self supporting or to
reasonably support any dependent of the person; and
(C) takes into consideration and gives priority to any other restitution, reparation,
repayment, or fine the person is required to pay under this section.
(21) Refrain from owning, harboring, or training an animal.
(22) Participate in a reentry court program.
(b) When a person is placed on probation, the person shall be given a written statement
specifying:
(1) the conditions of probation; and
(2) that if the person violates a condition of probation during the probationary period, a
petition to revoke probation may be filed before the earlier of the following: 
(A) One (1) year after the termination of probation.
(B) Forty-five (45) days after the state receives notice of the violation.
(c) As a condition of probation, the court may require that the person serve a term of
imprisonment in an appropriate facility at the time or intervals (consecutive or intermittent)
within the period of probation the court determines. 
(d) Intermittent service may be required only for a term of not more than sixty (60) days and
must be served in the county or local penal facility. The intermittent term is computed on the
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basis of the actual days spent in confinement and shall be completed within one (1) year. A
person does not earn credit time while serving an intermittent term of imprisonment under this
subsection. When the court orders intermittent service, the court shall state: 
(1) the term of imprisonment; 
(2) the days or parts of days during which a person is to be confined; and 
(3) the conditions. 
(e) Supervision of a person may be transferred from the court that placed the person on probation
to a court of another jurisdiction, with the concurrence of both courts. Retransfers of supervision
may occur in the same manner. This subsection does not apply to transfers made under IC 11-13-
4 or IC 11-13-5. 
(f) When a court imposes a condition of probation described in subsection (a)(17):
(2) the prosecuting attorney shall file a confidential form prescribed or approved
by the division of state court administration with the clerk.
(g) As a condition of probation, a court shall require a person:
(1) convicted of an offense described in IC 10-13-6-10;
(2) who has not previously provided a DNA sample in accordance with IC 10-13-6; and
(3) whose sentence does not involve a commitment to the department of correction; to
provide a DNA sample as a condition of probation.
IND. CODE § 35-41-1-6.5 (2009). “Crime involving domestic or family violence" defined
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(10) Intimidation or harassment under IC 35-45-2.
(13) An offense against family under IC 35-46-1-2 through IC 35-46-1-8,

IC 35-46-1-12, or IC 35-46-1-15.1.
IC 35-46-3-12(b)(2) or IC 35-46-3-12.5.
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IND. CODE § 35-46-3-6 (2009). Impoundment of animals for chapter violation; probable
cause hearing; penalties; award of custody of animals
(a) This section does not apply to a violation of section 1 [IC 35-46-3-1] of this chapter.
(b) Any law enforcement officer or any other person having authority to impound animals who
has probable cause to believe there has been a violation of this chapter or IC 15-20-1-4 may take
custody of the animal involved.
(c) The owner of an animal that has been impounded under this section may prevent disposition
of the animal by an animal shelter that is caring for the animal by posting, not later than ten (10)
days after the animal has been impounded, a bond with the court in an amount sufficient to
provide for the animal's care and keeping for at least thirty (30) days, beginning from the date
the animal was impounded. The owner may renew a bond by posting a new bond, in an amount
sufficient to provide for the animal's care and keeping for at least an additional thirty (30) days,
not later than ten (10) days after the expiration of the period for which a previous bond was
posted. If a bond expires and is not renewed, the animal shelter may determine disposition of the
animal, subject to court order. If the owner of an animal impounded under this section is
convicted of an offense under this chapter or IC 15-20-1-4, the owner shall reimburse the animal
shelter for the expense of the animal's care and keeping. If the owner has paid a bond under this
subsection, the animal shelter may euthanize an animal if a veterinarian determines that an
animal is suffering extreme pain.
(d) If the owner requests, the court having jurisdiction of criminal charges filed under this
chapter or IC 15-20-1 shall hold a hearing to determine whether probable cause exists to believe
that a violation of this chapter or IC 15-20-1 has occurred. If the court determines that probable
cause does not exist, the court shall order the animal returned to its owner, and the return of any
bond posted by its owner.
(e) Whenever charges are filed under this chapter, the court shall appoint the state veterinarian
under IC 15-17-4-1 or the state veterinarian's designee to:
(1) investigate the condition of the animal and the circumstances relating to the animal's
condition; and
(2) make a recommendation to the court under subsection (f) regarding the confiscation
of the animal.
(f) The state veterinarian or the state veterinarian's designee who is appointed under subsection
(e) shall do the following:
(1) Make a recommendation to the court concerning whether confiscation is necessary to

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protect the safety and well-being of the animal.
(2) If confiscation is recommended under subdivision (1), recommend a manner for

handling the confiscation and disposition of the animal that is in the best interests of the
animal.
The state veterinarian or the state veterinarian's designee who submits a recommendation under
this subsection shall articulate to the court the reasons supporting the recommendation.
(g) The court:
(1) shall give substantial weight to; and
(2) may enter an order based upon;
a recommendation submitted under subsection (f).
(h) If a person is convicted of an offense under this chapter or IC 15-20-1, the court may impose
the following additional penalties against the person:
(1) A requirement that the person pay the costs of caring for an animal involved in the
offenses that are incurred during a period of impoundment authorized under subsection
(b).
(2) An order terminating or imposing conditions on the person's right to possession, title,
custody, or care of:
(A) an animal that was involved in the offense; or
(B) any other animal in the custody or care of the person.
(i) If a person's right to possession, title, custody, or care of an animal is terminated under
subsection (h), the court may:
(1) award the animal to a humane society or other organization that has as its principal
purpose the humane treatment of animals; or
(2) order the disposition of the animal as recommended under subsection (f).
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has probable cause to believe there has been a violation of this chapter or IC 15-20-1-4 may
take custody of the animal involved.
provide for the animal's care and keeping for at least thirty (30) days, beginning from the date the
animal was impounded. The owner may renew a bond by posting a new bond, in an amount
condition; and
of the animal.

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animal.
(g) The court:
(b).
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of parole.
(1) consider:
48-1-9); and
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laboratory.
board; and
unless the parolee:

and
(2) shall:
2.5; and
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38-2-2.5.
court program.
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collection of fees
the defendant's appearance at any stage of the legal proceedings, or, upon a showing of clear
and convincing evidence that the defendant poses a risk of physical danger to another person or
the community, to assure the public's physical safety:

through (D).
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detention.
this chapter.
the defendant.
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(a)(1); and
county auditor.
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condition; and
of the animal.


animal.
(g) The court:

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(b).
-----
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IND. CODE § 25-38.1-4-8.5 (2009). Immunity for reporting suspected animal cruelty
A veterinarian or registered veterinary technician who reports in good faith and in the normal
course of business a suspected incident of animal cruelty under IC 35-46-3 to a law enforcement
officer is immune from liability in any civil or criminal action brought for reporting the incident.
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IND. CODE § 15-17-3-13 (2009). Additional powers and duties.
In addition to the powers and duties given the board in this article and by law, the board has the
powers and duties reasonable and necessary to do the following:
(1) Provide for the quarantine of animals and objects to prevent, control, and eradicate diseases
and pests of animals.
(2) Develop, adopt, and implement programs and procedures for establishing and maintaining
accredited, certified, validated, or designated disease or pest free or disease or pest monitored
animals, herds, flocks, or areas, including the following:
(A) The establishment and maintenance of herds that are monitored for disease or
pest syndromes.
(B) The establishment and maintenance of certified or validated brucellosis free

herds, animals, and areas.
(C) The establishment and maintenance of accredited tuberculosis free herds,

animals, and areas.
(3) Develop, adopt, and implement programs and plans for the prevention, detection, control, and
eradication of diseases and pests of animals.
(4) Control or prohibit, by permit or other means, the movement and transportation into, out of,
or within Indiana of animals and objects in order to prevent, detect, control, or eradicate diseases
and pests of animals. When implementing controls or prohibitions the board may consider
whether animals or objects are diseased, suspected to be diseased, or under quarantine, or
whether the animals or objects originated from a country, a state, an area, or a premises that is
known or suspected to harbor animals or objects infected with or exposed to a disease or pest of
animals.
(5) Control or prohibit the public and private sale of animals and objects in order to prevent the
spread of disease and pests of animals.
(6) Control the use, sanitation, and disinfection of:
(A) public stockyards; and
(B) vehicles used to transport animals and objects into and within Indiana; to accomplish
the objectives of this article.
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(7) Control the use, sanitation, and disinfection of premises, facilities, and equipment to
accomplish the objectives of this article.
(8) Control the movement of animals and objects to, from, and within premises where diseases or
pests of animals may exist.
(9) Control the movement and disposal of carcasses of animals and objects.
(10) Control the manufacture, sale, storage, distribution, handling, and use of serums, vaccines,
and other biologics and veterinary drugs, except those drugs for human consumption regulated
under IC 16-42-19, to be used for the prevention, detection, control, and eradication of disease
(11) Control and prescribe the means, methods, and procedures for the vaccination or other
treatment of animals and objects and the conduct of tests for diseases and pests of animals.
(12) Develop, adopt, and implement plans and programs for the identification of animals,
objects, premises, and means of conveyances. Plans and programs may include identification:
(A) of animals or objects that have been condemned under this article; and
(B) related to classification as to disease, testing, vaccination, or treatment status.
(13) Establish the terms and method of appraisal or other determination of value of animals and
objects condemned under this article, the payment of any indemnities that may be provided for
the animals and objects, and the regulation of the sale or other disposition of the animals or
objects.
(14) Control the sale of baby chicks.
(15) Cooperate and enter into agreements with the appropriate departments and agencies of this
state, any other state, or the federal government to prevent, detect, control, and eradicate diseases
(16) Control or prohibit the movement and transportation into, out of, or within Indiana of wild
animals, including birds, that might carry or disseminate diseases or pests of animals.
(17) Provide for condemning or abating conditions that cause, aggravate, spread, or harbor
diseases or pests of animals.
(18) Establish and designate, in addition to the animal disease diagnostic laboratory under IC 21-
46-3-1, other laboratories necessary to make tests of any nature for diseases and pests of animals.
(19) Investigate, develop, and implement the best methods for the prevention, detection, control,
suppression, or eradication of diseases and pests of animals.
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(20) Investigate, gather, and compile information concerning the organization, business conduct,
practices, and management of any registrant, licensee, permittee, applicant for a license, or
applicant for a permit.
(21) Investigate allegations of unregistered, unlicensed, and unpermitted activities.
(22) Institute legal action in the name of the state of Indiana necessary to enforce:
(A) the board's orders and rules; and
(B) this article.
(23) Control the collection, transportation, and cooking of garbage to be fed to swine or other
animals and all matters of sanitation relating to the collection, transportation, and cooking of
garbage affecting the health of swine or other animals and affecting public health and comfort.
(24) Adopt an appropriate seal.
(25) Issue orders as an aid to enforcement of the powers granted by this article, IC 15-18-1, and
IC 15-19-6.
(26) Control disposal plants and byproducts collection services and all matters connected to
disposal plants and byproducts collection services.
(27) Abate biological or chemical substances that:
(A) remain in or on any animal before or at the time of slaughter as a result of

treatment or exposure; and
(B) are found by the board to be or have the potential of being injurious to the
health of animals or humans.
(28) Regulate the production, manufacture, processing, and distribution of products derived from
animals to control health hazards that may threaten:
(A) animal health;
(B) the public health and welfare of the citizens of Indiana; and
(C) the trade in animals and animal products in and from Indiana.
(29) Cooperate and coordinate with local, state, and federal emergency management agencies to
plan and implement disaster emergency plans and programs as the plans and programs relate to
animals in Indiana.
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(30) Assist law enforcement agencies investigating allegations of cruelty and neglect of animals.
(31) Assist organizations that represent livestock producers with issues and programs related to
the care of livestock.
(32) Establish a registry of commercial dog brokers and commercial dog breeders in Indiana.
IND. CODE § 36-8-3-18 (2009). Humane officer appointed -- Compensation - Duties.
A humane officer shall be appointed in every city from among the members of the police
department. The humane officer shall detect and arrest persons violating humane statutes. He is
entitled to the same pay as other police officers of the city and is subject to the control and
discipline of the police department. If there is an incorporated humane society in the city, the
humane officer shall attend the stated and special meetings of the society and shall report to it,
at least once a month, on all matters relating to his duties under law for the previous month. If a
humane statute or ordinance has, to his knowledge, been violated, he shall, if directed by the
president of the humane society, file his affidavits before a court charging the person violating
the law with the violation.
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12. SEXUAL ASSAULT
IND. CODE § 35-42-4-5 (2009). Vicarious sexual gratification; fondling in the presence of a
minor
(a) A person eighteen (18) years of age or older who knowingly or intentionally directs, aids,
induces, or causes a child under the age of sixteen (16) to touch or fondle himself or another
child under the age of sixteen (16) with intent to arouse or satisfy the sexual desires of a child or
the older person commits vicarious sexual gratification, a Class D felony. However, the offense
is:
(1) a Class C felony if a child involved in the offense is under the age of fourteen (14);
(2) a Class B felony if:
(A) the offense is committed by using or threatening the use of deadly force or
while armed with a deadly weapon; or
(B) the commission of the offense is facilitated by furnishing the victim, without
the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a
controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was
furnished with the drug or controlled substance without the victim' s knowledge;
and
(3) a Class A felony if it results in serious bodily injury.
(b) A person eighteen (18) years of age or older who knowingly or intentionally directs, aids,
induces, or causes a child under the age of sixteen (16) to:
(1) engage in sexual intercourse with another child under sixteen (16) years of age;
(2) engage in sexual conduct with an animal other than a human being; or
(3) engage in deviate sexual conduct with another person;
with intent to arouse or satisfy the sexual desires of a child or the older person commits
vicarious sexual gratification, a Class C felony. However, the offense is a Class B felony if any
child involved in the offense is less than fourteen (14) years of age, and it is a Class A felony if
the offense is committed by using or threatening the use of deadly force, if it is committed while
armed with a deadly weapon, if it results in serious bodily injury, or if the commission of the
offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as
defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing
that the victim was furnished with the drug or controlled substance without the victim's
knowledge.
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(c) A person eighteen (18) years of age or older who knowingly or intentionally:
(1) engages in sexual intercourse;
(2) engages in deviate sexual conduct; or
(3) touches or fondles the person's own body;
in the presence of a child less than fourteen (14) years of age with the intent to arouse or satisfy
the sexual desires of the child or the older person commits performing sexual conduct in the
presence of a minor, a Class D felony.
IND. CODE § 35-46-3-14 (2009). Bestiality
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.
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13. FIGHTING
IND. CODE § 35-46-3-4 (2009). "Animal fighting contest" defined
As used in this chapter, "animal fighting contest" means a conflict between two (2) or more
animals. The term does not include a conflict that is unorganized or accidental.
IND. CODE § 35-46-3-4.3 (2009). "Animal fighting paraphernalia" defined
As used in this chapter, "animal fighting paraphernalia" means equipment used to train or
condition animals for participation in an animal fighting contest.
IND. CODE § 35-46-3-8 (2009). Purchase or possession of animals for fighting contests
A person who knowingly or intentionally purchases or possesses an animal for the purpose of
using the animal in an animal fighting contest commits a Class D felony.
IND. CODE § 35-46-3-8.5 (2009). Possession of animal fighting paraphernalia
A person who knowingly or intentionally possesses animal fighting paraphernalia with the intent
to commit a violation of IC 35-46-3-9 commits possession of animal fighting paraphernalia, a
Class B misdemeanor. However, the offense is a Class A misdemeanor if the person has a prior
unrelated conviction under this section.
IND. CODE § 35-46-3-9 (2009). Promotion, use of animals or attendance with animal at
animal fighting contest
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.
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IND. CODE § 35-46-3-9.5 (2009). Promoting animal fighting contest
(1) possesses animal fighting paraphernalia with the intent to commit a violation of IC 35-46-3-
9; and
(2) possesses, harbors, or trains a dog, cock, fowl, or bird bearing:
(A) a scar;
(B) a wound; or
(C) an injury;
consistent with participation in or training for an animal fighting contest;
commits promoting an animal fighting contest, a Class D felony.
IND. CODE § 35-46-3-10 (2009). Attendance at fighting contest
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
of this chapter, the offense is a Class D felony if the person has a prior unrelated conviction
under this chapter.
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of parole.
(1) consider:
48-1-9); and
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laboratory.
board; and
unless the parolee:

and
(2) shall:
2.5; and
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38-2-2.5.
court program.
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IND. CODE § 15-17-3-13 (2009). Additional powers and duties.
In addition to the powers and duties given the board in this article and by law, the board has the
powers and duties reasonable and necessary to do the following:
(1) Provide for the quarantine of animals and objects to prevent, control, and eradicate diseases
(2) Develop, adopt, and implement programs and procedures for establishing and maintaining
accredited, certified, validated, or designated disease or pest free or disease or pest monitored
animals, herds, flocks, or areas, including the following:
(A) The establishment and maintenance of herds that are monitored for disease or
pest syndromes.
(B) The establishment and maintenance of certified or validated brucellosis free

herds, animals, and areas.
(C) The establishment and maintenance of accredited tuberculosis free herds,

animals, and areas.
(3) Develop, adopt, and implement programs and plans for the prevention, detection, control, and
eradication of diseases and pests of animals.
(4) Control or prohibit, by permit or other means, the movement and transportation into, out of,
or within Indiana of animals and objects in order to prevent, detect, control, or eradicate diseases
and pests of animals. When implementing controls or prohibitions the board may consider
whether animals or objects are diseased, suspected to be diseased, or under quarantine, or
whether the animals or objects originated from a country, a state, an area, or a premises that is
known or suspected to harbor animals or objects infected with or exposed to a disease or pest of
animals.
(5) Control or prohibit the public and private sale of animals and objects in order to prevent the
spread of disease and pests of animals.
(6) Control the use, sanitation, and disinfection of:
(A) public stockyards; and
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(B) vehicles used to transport animals and objects into and within Indiana; to accomplish
the objectives of this article.
(7) Control the use, sanitation, and disinfection of premises, facilities, and equipment to
accomplish the objectives of this article.
(8) Control the movement of animals and objects to, from, and within premises where diseases or
pests of animals may exist.
(9) Control the movement and disposal of carcasses of animals and objects.
(10) Control the manufacture, sale, storage, distribution, handling, and use of serums, vaccines,
and other biologics and veterinary drugs, except those drugs for human consumption regulated
under IC 16-42-19, to be used for the prevention, detection, control, and eradication of disease
(11) Control and prescribe the means, methods, and procedures for the vaccination or other
treatment of animals and objects and the conduct of tests for diseases and pests of animals.
(12) Develop, adopt, and implement plans and programs for the identification of animals,
objects, premises, and means of conveyances. Plans and programs may include identification:
(A) of animals or objects that have been condemned under this article; and
(B) related to classification as to disease, testing, vaccination, or treatment status.
(13) Establish the terms and method of appraisal or other determination of value of animals and
objects condemned under this article, the payment of any indemnities that may be provided for
the animals and objects, and the regulation of the sale or other disposition of the animals or
objects.
(14) Control the sale of baby chicks.
(15) Cooperate and enter into agreements with the appropriate departments and agencies of this
state, any other state, or the federal government to prevent, detect, control, and eradicate diseases
(16) Control or prohibit the movement and transportation into, out of, or within Indiana of wild
animals, including birds, that might carry or disseminate diseases or pests of animals.
(17) Provide for condemning or abating conditions that cause, aggravate, spread, or harbor
diseases or pests of animals.
(18) Establish and designate, in addition to the animal disease diagnostic laboratory under IC 21-
46-3-1, other laboratories necessary to make tests of any nature for diseases and pests of animals.
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(19) Investigate, develop, and implement the best methods for the prevention, detection, control,
suppression, or eradication of diseases and pests of animals.
(20) Investigate, gather, and compile information concerning the organization, business conduct,
practices, and management of any registrant, licensee, permittee, applicant for a license, or
applicant for a permit.
(21) Investigate allegations of unregistered, unlicensed, and unpermitted activities.
(22) Institute legal action in the name of the state of Indiana necessary to enforce:
(A) the board's orders and rules; and
(B) this article.
(23) Control the collection, transportation, and cooking of garbage to be fed to swine or other
animals and all matters of sanitation relating to the collection, transportation, and cooking of
garbage affecting the health of swine or other animals and affecting public health and comfort.
(24) Adopt an appropriate seal.
(25) Issue orders as an aid to enforcement of the powers granted by this article, IC 15-18-1, and
IC 15-19-6.
(26) Control disposal plants and byproducts collection services and all matters connected to
disposal plants and byproducts collection services.
(27) Abate biological or chemical substances that:
(A) remain in or on any animal before or at the time of slaughter as a result of

treatment or exposure; and
(B) are found by the board to be or have the potential of being injurious to the
health of animals or humans.
(28) Regulate the production, manufacture, processing, and distribution of products derived from
animals to control health hazards that may threaten:
(A) animal health;
(B) the public health and welfare of the citizens of Indiana; and
(C) the trade in animals and animal products in and from Indiana.
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(29) Cooperate and coordinate with local, state, and federal emergency management agencies to
plan and implement disaster emergency plans and programs as the plans and programs relate to
animals in Indiana.
(30) Assist law enforcement agencies investigating allegations of cruelty and neglect of animals.
(31) Assist organizations that represent livestock producers with issues and programs related to
the care of livestock.
(32) Establish a registry of commercial dog brokers and commercial dog breeders in Indiana.
IND. CODE § 25-38.1-4-8.5 (2009). Immunity for reporting suspected animal cruelty
A veterinarian or registered veterinary technician who reports in good faith and in the normal
course of business a suspected incident of animal cruelty under IC 35-46-3 to a law enforcement
officer is immune from liability in any civil or criminal action brought for reporting the incident.
IND. CODE § 31-9-2-29.5 (2009). “Crimes involving domestic or family violence”
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(12) An offense against the family under IC 35-46-1-2 through IC 35-46-1-8,

IC 35-46-1-12, or IC 35-46-1-15.1.
IC 35-46-3-12(b)(2) or IC 35-46-3-12.5.
IND. CODE § 34-26-5-2 (2009). Persons against whom petitions may be filed
(a) A person who is or has been a victim of domestic or family violence may file a petition for an
order for protection against a:
35-42-4 against the petitioner.
(b) A parent, a guardian, or another representative may file a petition for an order for protection
on behalf of a child against a:
35-42-4 against the child.
(c) A court may issue only one (1) order for each respondent. If a petitioner files a petition
against more than one (1) respondent, the court shall:
(1) assign a new case number; and
(2) maintain a separate court file;
for each respondent.
(d) If a petitioner seeks relief against an unemancipated minor, the case may originate in any
court of record and, if it is an emergency matter, be processed the same as an ex parte petition.
When a hearing is set, the matter may be transferred to a court with juvenile jurisdiction.
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collection of Fees
the defendant's appearance at any stage of the legal proceedings, or, upon a showing of clear and
convincing evidence that the defendant poses a risk of physical danger to another person or the
community, to assure the public's physical safety:

through (D).
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detention.
this chapter.
the defendant.
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(a)(1); and
county auditor.
IND. CODE § 35-38-2-2.3 (2009). Conditions of probation; statement of conditions; term of

imprisonment; intermittent service; transfers and retransfers of supervision
(a) As a condition of probation, the court may require a person to do a combination of the
following:
(1) Work faithfully at suitable employment or faithfully pursue a course of study or

career and technical education that will equip the person for suitable employment.
(2) Undergo available medical or psychiatric treatment and remain in a specified

institution if required for that purpose.
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(3) Attend or reside in a facility established for the instruction, recreation, or residence of
persons on probation.
(4) Support the person's dependents and meet other family responsibilities.
(5) Make restitution or reparation to the victim of the crime for damage or injury that was
sustained by the victim. When restitution or reparation is a condition of probation, the
court shall fix the amount, which may not exceed an amount the person can or will be
able to pay, and shall fix the manner of performance.
(6) Execute a repayment agreement with the appropriate governmental entity to repay the
full amount of public relief or assistance wrongfully received, and make repayments
according to a repayment schedule set out in the agreement.
(7) Pay a fine authorized by IC 35-50.
(8) Refrain from possessing a firearm or other deadly weapon unless granted written
permission by the court or the person's probation officer.
(9) Report to a probation officer at reasonable times as directed by the court or the
probation officer.
(10) Permit the person's probation officer to visit the person at reasonable times at
the person's home or elsewhere.
(11) Remain within the jurisdiction of the court, unless granted permission to leave by
the court or by the person's probation officer.
(12) Answer all reasonable inquiries by the court or the person's probation officer and
promptly notify the court or probation officer of any change in address or employment.
(13) Perform uncompensated work that benefits the community.
(14) Satisfy other conditions reasonably related to the person's rehabilitation.
(15) Undergo home detention under IC 35-38-2.5.
(16) Undergo a laboratory test or series of tests approved by the state department of
health to detect and confirm the presence of the human immunodeficiency virus (HIV)
antigen or antibodies to the human immunodeficiency virus (HIV), if:
(A) the person had been convicted of an offense relating to a criminal sexual act
and the offense created an epidemiologically demonstrated risk of transmission of
the human immunodeficiency virus (HIV); or
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(B) the person had been convicted of an offense relating to a controlled substance
and the offense involved:
(i) the delivery by any person to another person; or
(ii) the use by any person on another person;
of a contaminated sharp (as defined in IC 16-41-16-2) or other paraphernalia that

creates an epidemiologically demonstrated risk of transmission of HIV by
involving percutaneous contact.
(17) Refrain from any direct or indirect contact with an individual and, if convicted of an
offense under IC 35-46-3, any animal belonging to the individual.
(18) Execute a repayment agreement with the appropriate governmental entity or with a
person for reasonable costs incurred because of the taking, detention, or return of a
missing child (as defined in IC 10-13-5-4).
(19) Periodically undergo a laboratory chemical test (as defined in IC 14-15-8-1) or

series of chemical tests as specified by the court to detect and confirm the presence of a
controlled substance (as defined in IC 35-48-1-9). The person on probation is responsible
for any charges resulting from a test and shall have the results of any test under this
subdivision reported to the person's probation officer by the laboratory.
(20) If the person was confined in a penal facility, execute a reimbursement plan as
directed by the court and make repayments under the plan to the authority that operates
the penal facility for all or part of the costs of the person's confinement in the penal
facility. The court shall fix an amount that:
(A) may not exceed an amount the person can or will be able to pay;
(B) does not harm the person's ability to reasonably be self supporting or to
reasonably support any dependent of the person; and
(C) takes into consideration and gives priority to any other restitution, reparation,
repayment, or fine the person is required to pay under this section.
(21) Refrain from owning, harboring, or training an animal.
(22) Participate in a reentry court program.
(b) When a person is placed on probation, the person shall be given a written statement
specifying:
(1) the conditions of probation; and

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(2) that if the person violates a condition of probation during the probationary period, a
petition to revoke probation may be filed before the earlier of the following: 
(A) One (1) year after the termination of probation.
(B) Forty-five (45) days after the state receives notice of the violation.
(c) As a condition of probation, the court may require that the person serve a term of
imprisonment in an appropriate facility at the time or intervals (consecutive or intermittent)
within the period of probation the court determines. 
(d) Intermittent service may be required only for a term of not more than sixty (60) days and
must be served in the county or local penal facility. The intermittent term is computed on the
basis of the actual days spent in confinement and shall be completed within one (1) year. A
person does not earn credit time while serving an intermittent term of imprisonment under this
subsection. When the court orders intermittent service, the court shall state: 
(1) the term of imprisonment; 
(2) the days or parts of days during which a person is to be confined; and 
(3) the conditions. 
(e) Supervision of a person may be transferred from the court that placed the person on probation
to a court of another jurisdiction, with the concurrence of both courts. Retransfers of supervision
may occur in the same manner. This subsection does not apply to transfers made under IC 11-13-
4 or IC 11-13-5. 
(f) When a court imposes a condition of probation described in subsection (a)(17):
(2) the prosecuting attorney shall file a confidential form prescribed or approved
by the division of state court administration with the clerk.
(g) As a condition of probation, a court shall require a person:
(1) convicted of an offense described in IC 10-13-6-10;
(2) who has not previously provided a DNA sample in accordance with IC 10-13-6; and
(3) whose sentence does not involve a commitment to the department of correction; to
provide a DNA sample as a condition of probation.
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IND. CODE § 35-41-1-6.5 (2009). “Crime involving domestic or family violence" defined
(13) An offense against family under IC 35-46-1-2 through IC 35-46-1-8,

IC 35-46-1-12, or IC 35-46-1-15.1.
IC 35-46-3-12(b)(2) or IC 35-46-3-12.5.
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IND. CODE § 35-42-4-5 (2009). Vicarious sexual gratification; fondling in the presence of a
minor
(a) A person eighteen (18) years of age or older who knowingly or intentionally directs, aids,
induces, or causes a child under the age of sixteen (16) to touch or fondle himself or another
child under the age of sixteen (16) with intent to arouse or satisfy the sexual desires of a child or
the older person commits vicarious sexual gratification, a Class D felony. However, the offense
is:
(1) a Class C felony if a child involved in the offense is under the age of fourteen (14);
(2) a Class B felony if:
(A) the offense is committed by using or threatening the use of deadly force or
while armed with a deadly weapon; or
(B) the commission of the offense is facilitated by furnishing the victim, without
the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a
controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was
furnished with the drug or controlled substance without the victim' s knowledge;
and
(3) a Class A felony if it results in serious bodily injury.
(b) A person eighteen (18) years of age or older who knowingly or intentionally directs, aids,
induces, or causes a child under the age of sixteen (16) to:
(1) engage in sexual intercourse with another child under sixteen (16) years of age;
(2) engage in sexual conduct with an animal other than a human being; or
(3) engage in deviate sexual conduct with another person;
with intent to arouse or satisfy the sexual desires of a child or the older person commits vicarious
sexual gratification, a Class C felony. However, the offense is a Class B felony if any child
involved in the offense is less than fourteen (14) years of age, and it is a Class A felony if the
offense is committed by using or threatening the use of deadly force, if it is committed while
armed with a deadly weapon, if it results in serious bodily injury, or if the commission of the
offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as
defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing
that the victim was furnished with the drug or controlled substance without the victim's
knowledge.
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(c) A person eighteen (18) years of age or older who knowingly or intentionally:
(1) engages in sexual intercourse;
(2) engages in deviate sexual conduct; or
(3) touches or fondles the person's own body;
in the presence of a child less than fourteen (14) years of age with the intent to arouse or satisfy
the sexual desires of the child or the older person commits performing sexual conduct in the
presence of a minor, a Class D felony.
IND. CODE § 35-46-3-0.5 (2009). Definitions
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;
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(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;
(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) of this chapter)
or expose domestic animal to a poisonous substance with the intent that the domestic
animal ingest the substance and suffer harm, pain, or physical injury.
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IND. CODE § 35-46-3-3 (2009). AAnimal@ defined
As used in this chapter, Aanimal@ does not include a human being.
IND. CODE § 35-46-3-4 (2009). "Animal fighting contest" defined
As used in this chapter, "animal fighting contest" means a conflict between two (2) or more
animals. The term does not include a conflict that is unorganized or accidental.
IND. CODE § 35-46-3-4.3 (2009). "Animal fighting paraphernalia" defined
As used in this chapter, "animal fighting paraphernalia" means equipment used to train or
condition animals for participation in an animal fighting contest.
IND. CODE § 35-46-3-5 (2009). 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.
(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:

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(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 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.
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condition; and
of the animal.


animal.
(g) The court:
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(b).
(a) A person who:

person who had the animal in the person's custody reasonably believed that the vertebrate animal
was capable of surviving on its own.
IND. CODE § 35-46-3-8 (2009). Purchase or possession of animals for fighting contests
A person who knowingly or intentionally purchases or possesses an animal for the purpose of
using the animal in an animal fighting contest commits a Class D felony.
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IND. CODE § 35-46-3-8.5 (2009). Possession of animal fighting paraphernalia
A person who knowingly or intentionally possesses animal fighting paraphernalia with the intent
to commit a violation of IC 35-46-3-9 commits possession of animal fighting paraphernalia, a
Class B misdemeanor. However, the offense is a Class A misdemeanor if the person has a prior
unrelated conviction under this section.
IND. CODE § 35-46-3-9 (2009). Promotion, use of animals or attendance with animal at
animal fighting contest
(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 § 35-46-3-9.5 (2009). Promoting animal fighting contest
(1) possesses animal fighting paraphernalia with the intent to commit a violation of IC 35-46-3-
9; and
(2) possesses, harbors, or trains a dog, cock, fowl, or bird bearing:
(A) a scar;
(B) a wound; or
(C) an injury;
consistent with participation in or training for an animal fighting contest;
commits promoting an animal fighting contest, a Class D felony.
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IND. CODE § 35-46-3-10 (2009). Attendance at fighting contest
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
of this chapter, the offense is a Class D felony if the person has a prior unrelated conviction
under this chapter.

limited to:
and emus; and
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damage; or

IND. CODE § 35-46-3-12.5 (2009). Domestic violence animal cruelty
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 § 35-46-3-14 (2009). Bestiality
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;
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(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 § 35-46-3-15 (2009). 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).
(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.
IND. CODE § 35-50-2-7 (2009). Class D felony
(a) A person who commits a Class D felony shall be imprisoned for a fixed term of between six
(6) months and three (3) years, with the advisory sentence being one and one-half (1 1/2 ) years.
In addition, the person may be fined not more than ten thousand dollars ($10,000).
(b) Notwithstanding subsection (a), if a person has committed a Class D felony, the court may
enter judgment of conviction of a Class A misdemeanor and sentence accordingly. However, the
court shall enter a judgment of conviction of a Class D felony if:
(1) the court finds that:
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(A) the person has committed a prior, unrelated felony for which judgment was
entered as a conviction of a Class A misdemeanor; and
(B) the prior felony was committed less than three (3) years before the second
felony was committed;
(2) the offense is domestic battery as a Class D felony under IC 35-42-2- 1.3; or
(3) the offense is possession of child pornography (IC 35-42-4-4(c)).
The court shall enter in the record, in detail, the reason for its action whenever it exercises the
power to enter judgment of conviction of a Class A misdemeanor granted in this subsection.
IND. CODE § 35-50-3-2 (2009). Class A misdemeanor.
A person who commits a Class A misdemeanor shall be imprisoned for a fixed term of not more
than one (1) year; in addition, he may be fined not more than five thousand dollars ($5,000).
IND. CODE § 36-8-3-18 (2009). Humane officer appointed -- Compensation - Duties.
A humane officer shall be appointed in every city from among the members of the police
department. The humane officer shall detect and arrest persons violating humane statutes. He is
entitled to the same pay as other police officers of the city and is subject to the control and
discipline of the police department. If there is an incorporated humane society in the city, the
humane officer shall attend the stated and special meetings of the society and shall report to it, at
least once a month, on all matters relating to his duties under law for the previous month. If a
humane statute or ordinance has, to his knowledge, been violated, he shall, if directed by the
president of the humane society, file his affidavits before a court charging the person violating
the law with the violation.
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ANIMAL PROTECTION LAWS OF IOWA
ANIMAL PROTECTION LAWS OF IOWA
2. PENALTIES
3. EXEMPTIONS
12. SEXUAL ASSAULT
13. FIGHTING
This chapter contains Iowa’s general animal protection and related statutes enacted prior to November 2009. It begins
Iowa may employ similar provisions within other non-animal-specific criminal and civil statutes; may have other more

USA Map
IOWA

Animal abuse
IOWA CODE ANN. § 717B.2
(2)
Animal neglect
(3)
Intentional animal neglect resulting in serious
injury or death
(4)
Animal torture
IOWA CODE ANN. § 717B.3A
(5)
Abandonment of cats and dogs
Animals Covered in Definition Nonhuman vertebrates not including:

Nuisance non-game species;
Livestock;
Game, fur-bearing animals, fish, reptiles,
amphibians, unless owned, confined or
controlled by a person
IOWA CODE ANN. § 717B.1(1)
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IOWA continued

Aggravated misdemeanor
(2)
Simple misdemeanor
(3)
Serious misdemeanor
(4)
[1st offense]:
Aggravated misdemeanor
Class D felony
(5)
Simple misdemeanor

and
$6,250 fine
IOWA CODE ANN. § 903.1(2)
(2)
and/or
$625 fine
IOWA CODE ANN. § 903.1(1)(a)
(3)
1 year imprisonment
and
$1,875 fine
IOWA CODE ANN. § 903.1(1)(b)
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IOWA continued
2. MAXIMUM PENALTIES continued** (4)

[1st offense]:
and
$6,250 fine
and
Community work requirement
and
$7500 fine
(5)
and/or
$625 fine
IOWA CODE ANN. § 903.1(1)(a)
3. EXEMPTIONS *** 3, 4, 5, 6
1, 2, 3, 9
2
1, 2, 3, 4, 9
4. COUNSELING / EVALUATIONS H Upon a conviction for animal torture or

bestiality, sentencing shall provide for a
psychological evaluation and treatment
according to terms required by the court. The
costs shall be paid by the offender
IOWA CODE ANN. §§ 717B.3A, 717C.1
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IOWA continued
6. RESTITUTION / REIMBURSEMENT Bond required if owner requests continuance

H
of hearing
Court may order reimbursement of expenses

7. SEIZURE / ON-SITE SUPERVISION Law enforcement officer may seize animal

after consulting veterinarian and obtaining a
search warrant, or enters the property by
other lawful authority
8. FORFEITURE / POSSESSION H Following a civil hearing on the matter, if the

court determines that an animal is a
threatened animal, it shall order its
disposition
IOWA CODE ANN. §§ 717B.4, 717B.5(3)
12. SEXUAL ASSAULT Bestiality is an aggravated misdemeanor

IOWA CODE ANN. § 717C
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IOWA continued
13. FIGHTING Various animal fighting activities are Class D

felonies
IOWA CODE ANN. §§ 717D.2, 717D.4
Being a spectator at an animal fight is an

aggravated misdemeanor on 1st offense and a
Class D felony on subsequent offenses
IOWA CODE ANN. § 717D.2, 717D.4
Animals used in animal fighting are subject to

confiscation and disposal
IOWA CODE ANN. § 717D.5
Other Felony Provisions Affecting Animals I Torturing, seriously injuring, poisoning or

killing a police service dog is a Class D
felony
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IOWA CODE ANN. § 717B.1 (2009). Definitions
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.
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.
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IOWA CODE ANN. § 717B.2 (2009). 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.
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.
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IOWA CODE ANN. § 717B.3 (2009). 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 ANN. § 717B.3A (2009). 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.
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.
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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
psychological evaluation and treatment shall be paid by the person.
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 ANN. § 717B.8 (2009). 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.
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2. PENALTIES
conduct.
481A.
section 481A.1.
unconfined animal.

unconfined animal.

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3.
IOWA CODE ANN. § 902.9 (2009). Maximum sentence for felons
The maximum sentence for any person convicted of a felony shall be that prescribed by statute
or, if not prescribed by statute, if other than a class "A" felony shall be determined as follows:
1. A felon sentenced for a first conviction for a violation of section 124.401D, shall be confined
for no more than ninety-nine years.
2. A class "B" felon shall be confined for no more than twenty-five years.
3. An habitual offender shall be confined for no more than fifteen years.
4. A class "C" felon, not an habitual offender, shall be confined for no more than ten years, and
in addition shall be sentenced to a fine of at least one thousand dollars but not more than ten
thousand dollars.
5. A class "D" felon, not an habitual offender, shall be confined for no more than five years, and
in addition shall be sentenced to a fine of at least seven hundred fifty dollars but not more than
seven thousand five hundred dollars.
The surcharges required by sections 911.1, 911.2, and 911.3 shall be added to a fine imposed on
a class "C" or class "D" felon, as provided by those sections, and are not a part of or subject to
the maximums set in this section.
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IOWA CODE ANN. § 903.1 (2009). Maximum sentence for misdemeanants
1. If a person eighteen years of age or older is convicted of a simple or serious misdemeanor and
a specific penalty is not provided for or if a person under eighteen years of age has been waived
to adult court pursuant to section 232.45 on a felony charge and is subsequently convicted of a
simple, serious, or aggravated misdemeanor, the court shall determine the sentence, and shall
fix the period of confinement or the amount of fine, which fine shall not be suspended by the
court, within the following limits:
a. For a simple misdemeanor, there shall be a fine of at least sixty-five dollars but not to
exceed six hundred twenty-five dollars. The court may order imprisonment not to exceed
thirty days in lieu of a fine or in addition to a fine.
b. For a serious misdemeanor, there shall be a fine of at least three hundred fifteen
dollars but not to exceed one thousand eight hundred seventy-five dollars. In addition,
the court may also order imprisonment not to exceed one year.
2. When a person is convicted of an aggravated misdemeanor, and a specific penalty is not

provided for, the maximum penalty shall be imprisonment not to exceed two years. There shall
be a fine of at least six hundred twenty-five dollars but not to exceed six thousand two hundred
fifty dollars. When a judgment of conviction of an aggravated misdemeanor is entered against
any person and the court imposes a sentence of confinement for a period of more than one year
the term shall be an indeterminate term.
3. A person under eighteen years of age convicted of a simple misdemeanor under chapter 321,
321G, 321I, 453A, 461A, 461B, 462A, 481A, 481B, 483A, 484A, or 484B, or a violation of a
county or municipal curfew or traffic ordinance, except for an offense subject to section 805.8,
may be required to pay a fine, not to exceed one hundred dollars, as fixed by the court, or may be
required to perform community service as ordered by the court.
4. The surcharges required by sections 911.1, 911.2, 911.3, and 911.4 shall be added to a fine
imposed on a misdemeanant as provided in those sections, and are not a part of or subject to the
maximums set in this section.
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3. EXEMPTIONS
following:


717B.4.
331.
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the animal. A person guilty of animal abuse is guilty of an aggravated misdemeanor. This section
shall not apply to any of the following:
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.
unconfined animal.
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.
facility.
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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.
conduct.
481A.
section 481A.1.
unconfined animal.
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unconfined animal.

3.
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conduct.
481A.
section 481A.1.
unconfined animal.

unconfined animal.

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3.
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.
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.
IOWA CODE ANN. § 717C.1 (2009). 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.
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IOWA CODE ANN. § 717B.4 (2009). Dispositional proceedings
1. Upon a petition brought by a local authority, a court in the county where an animal is
maintained by a responsible party or a local authority shall determine if the animal is a
threatened animal and order its disposition after a hearing.
a. The matter shall be heard within ten days from the filing of the petition for disposition
by the local authority.
b. If the animal has been rescued, the court may order that the animal be placed under the
custody of the local authority and maintained in the same manner as a rescued animal
under section 717B.5.
c. The court may continue the hearing for up to thirty days upon petition by the
responsible party. However, the court shall not grant a continuance unless the animal is
maintained by the local authority. The responsible party must post a bond or other
security with the local authority as a condition of the continuance. The amount of the
bond or other security shall be determined by the court, which shall not be more than the
amount sufficient to provide maintenance of the animal for thirty days. The court may
grant a subsequent continuance upon petition by the responsible party. The continuance
shall be for not more than thirty days. The responsible party must post a new bond or
security as a condition of the subsequent continuance in the same manner as the original
bond or security or as otherwise ordered by the court. However, the court shall order the
immediate disposition of the animal if the animal is permanently distressed by disease or
injury to a degree that would result in severe or prolonged suffering.
2. The hearing to determine if the animal is a threatened animal for purposes of disposition shall
be a civil proceeding. If the case is related to a criminal proceeding, the disposition shall not be
part of that proceeding and shall not be considered a criminal penalty imposed on a person found
in violation of this chapter.
3. If the court determines that an animal is not a threatened animal, the court shall order that the
animal be returned to the custody of the responsible party. If the court determines that an animal
is a threatened animal, the court shall order the local authority to dispose of the threatened
animal in any manner deemed appropriate for the welfare of the animal. In addition, all of the
following apply:
a. The court may order the responsible party to pay an amount which shall not be more
than the dispositional expenses incurred by the local authority. The court may also
award the local authority court costs, reasonable attorney fees and expenses related to
the investigation and prosecution of the case, which shall be taxed as part of the costs of
the action.
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b. If a bond or other security was posted as a condition for a continuance of a disposition
hearing as provided in this section, the local authority may use the posted amount to
offset the local authority's dispositional expenses.
c. If any moneys are realized from the disposition of a threatened animal, the moneys
shall be used to offset the local authority's dispositional expenses before satisfying
indebtedness secured by any security interest in or lien on the threatened animal.
d. If the threatened animal is owned by more than one responsible party, the amount
required to offset the local authority's dispositional expenses shall be prorated among the
responsible parties based on the percentage of interest owned in the threatened animal
attributable to the responsible parties as the threatened animal's titleholders. For
purposes of this paragraph, a responsible party who does not own an interest in the
threatened animal shall be deemed to be an owner holding a percentage interest in the
animal equal to the largest percentage interest held by a landowner who is attributed an
interest as the threatened animal's titleholder. If the responsible party is a landowner, the
local authority may submit the amount to reimburse the local authority for its
dispositional expenses to the clerk of the county board of supervisors who shall report
the amount to the county treasurer. If the threatened animal is owned by more than one
landowner, the amount shall be prorated among the landowners based on the percentage
of interest owned in the threatened animal attributable to each landowner as the animal's
titleholders. The amount shall be placed upon the tax books, and collected with interest
and penalties after due, in the same manner as other unpaid property taxes. The county
shall reimburse a city within thirty days from the collection of the property taxes.
4. A threatened animal that is ordered by a court to be destroyed under this section shall be
destroyed only by euthanasia as defined in section 162.2.
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IOWA CODE ANN. § 717B.5 (2009). Rescue of threatened animals
A local authority may provide for the rescue of an animal as follows:
1. The rescue must be made by a law enforcement officer having cause to believe that the animal
is a threatened animal after consulting with a veterinarian licensed pursuant to chapter 169. The
law enforcement officer may rescue the animal by entering on public or private property, as
provided in this subsection. The officer may enter onto property of a person to rescue the animal
if the officer obtains a search warrant issued by a court, or enters onto the premises in a manner
consistent with the laws of this state and the United States, including Article I, section 8, of the
Constitution of the State of Iowa, or the fourth amendment to the Constitution of the United
States.
2. If an animal is rescued pursuant to this section, the local authority shall provide for the
maintenance of the animal. The local authority may contract with an animal care provider for
the maintenance of the animal. The local authority shall provide the responsible party for the
animal with notice of the rescue. The notice may be accomplished by doing any of the following:
a. Delivering written notice to the responsible party's last known address by the United
States postal service or personal service.
b. Posting a notice in a conspicuous place at the location where the animal was rescued.
The notice shall state that the animal has been rescued by the local authority pursuant to this
section.
3. Within ten days after the date that an animal is rescued, the local authority shall initiate a
dispositional proceeding pursuant to section 717B.4.
4. The local authority shall pay the animal care provider for the animal's maintenance regardless
of proceeds received from the disposition of the animal or any reimbursement ordered by a court,
pursuant to section 717B.4.
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IOWA CODE ANN. § 717B.4 (2009). Disposition of neglected animals.
1. A court shall order the disposition of an animal neglected as provided in section 717B.3 after
a hearing upon application or petition to the court by a local authority or the person owning or
caring for the animal. The matter shall be heard within ten days from the filing of the petition.
The court may continue the hearing for up to forty days upon petition by the person. However,
the person shall post a bond or other security with the local authority in an amount determined
by the court, which shall not be more than the amount sufficient to provide maintenance of the
animal for forty days. The court may grant a subsequent continuance by the person for the same
length of time if the person submits a new bond or security. However, the court shall order the
immediate disposition of the animal if the animal is permanently distressed by disease or injury
to a degree that would result in severe or prolonged suffering.
2. The hearing to determine if the animal has been neglected for purposes of disposition shall be
a civil proceeding. If the case is related to a criminal proceeding, the disposition shall not be part
of that proceeding and shall not be considered a criminal penalty imposed on a person found in
violation of section 717B.3.
3. A court may order a person owning the neglected animal to pay an amount which shall not be
more than the expenses incurred in maintaining the neglected animal rescued pursuant to section
717B.5, and reasonable attorney fees and expenses related to the investigation of the case. The
remaining amount of a bond or other security posted pursuant to this chapter shall be used to
reimburse the local authority. If more than one person has a divisible interest in the animal, the
amount required to be paid shall be prorated based on the percentage of interest in the animal
owned by each person. The moneys shall be paid to the local authority incurring the expense.
The amount shall be subtracted from proceeds owed to the owner or owners of the animal, which
are received from the sale of the animal ordered by the court. Moneys owed to the local authority
from the sale of a neglected animal shall be paid to the local authority before satisfying
indebtedness secured by any security interest in or lien on the animal. If an owner of the animal
is a landowner, the local authority may submit an amount to the clerk of the county board of
supervisors who shall report the amount to the county treasurer. The amount shall equal the
balance remaining after the sale of the animal. If the animal owner owns a percentage of the
animal, the reported amount shall equal the remaining balance owed by all landowners who own
a percentage of the animal. That amount shall be prorated among the landowners based on the
percentage of interest in the animal attributable to each landowner. The amount shall be placed
upon the tax books, and collected with interest and penalties after due, in the same manner as
other unpaid property taxes. The county shall reimburse a city within thirty days from the
collection of the property taxes.
4. Neglected animals ordered to be destroyed shall be destroyed only by a humane method,

including euthanasia as defined in section 162.2.
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b. If the animal has been rescued, the court may order that the animal be placed under
the custody of the local authority and maintained in the same manner as a rescued
animal under section 717B.5.
part of that proceeding and shall not be considered a criminal penalty imposed on a person
found in violation of this chapter.
3. If the court determines that an animal is not a threatened animal, the court shall order that
the animal be returned to the custody of the responsible party. If the court determines that an
animal is a threatened animal, the court shall order the local authority to dispose of the
threatened animal in any manner deemed appropriate for the welfare of the animal. In addition,
all of the following apply:
than the dispositional expenses incurred by the local authority. The court may also award
the local authority court costs, reasonable attorney fees and expenses related to the
investigation and prosecution of the case, which shall be taxed as part of the costs of the
action.
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attributable to the responsible parties as the threatened animal's titleholders. For purposes
of this paragraph, a responsible party who does not own an interest in the threatened
animal shall be deemed to be an owner holding a percentage interest in the animal equal
to the largest percentage interest held by a landowner who is attributed an interest as the
threatened animal's titleholder. If the responsible party is a landowner, the local authority
may submit the amount to reimburse the local authority for its dispositional expenses to
the clerk of the county board of supervisors who shall report the amount to the county
treasurer. If the threatened animal is owned by more than one landowner, the amount
shall be prorated among the landowners based on the percentage of interest owned in the
threatened animal attributable to each landowner as the animal's titleholders. The amount
shall be placed upon the tax books, and collected with interest and penalties after due, in
the same manner as other unpaid property taxes. The county shall reimburse a city within
thirty days from the collection of the property taxes.
States.
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maintenance of the animal. The local authority may contract with an animal care provider for the
maintenance of the animal. The local authority shall provide the responsible party for the animal
with notice of the rescue. The notice may be accomplished by doing any of the following:
section.
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12. SEXUAL ASSAULT
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13. FIGHTING
IOWA CODE ANN. § 717D.1 (2009). Definitions
1. "Animal" means a nonhuman vertebrate.
2. "Contest device" means equipment designed to enhance an animal's entertainment value

during training or a contest event, including a device to improve the contest animal's
competitiveness. A contest device includes but is not limited to an implement designed to be
attached in place of a natural spur of a cock or other fighting bird in order to enhance the bird's
fighting ability, and which is commonly referred to as a spur or gaff.
3. "Contest event" means a function organized for the entertainment or profit of spectators
where an animal is injured, tormented, or killed, including but not limited to a bull involved in a
bullfight or bull baiting, a bear involved in bear baiting, a chicken involved in cock fighting, or a
dog involved in dog fighting.
4. "Establishment" means the location where a contest event occurs or is to occur, regardless of
whether an animal is present at the establishment or the contest animal is witnessed by means of
an electronic signal transmitted to the location.
5. "Livestock" means the same as defined in section 717.1.
6. "Local authority" means the same as defined in section 717B.1.
7. "Promoter" means a person who charges admission for entry into an establishment or
organizes, holds, advertises, or otherwise conducts a contest event.
8. "Spectator" means a person who attends an establishment knowingly to watch or observe a

contest event.
9. "Trainer" means a person who trains an animal for purposes of engaging in a contest event,
regardless of where the contest event is located. A trainer includes a person who uses a contest
device.
10. "Transporter" means a person who moves an animal for delivery to a training location or a
contest event location.
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IOWA CODE ANN. § 717D.2 (2009). Prohibitions--contest events
A person shall not do any of the following:
1. Own or operate an establishment located in this state in which a contest event occurs or is to
occur.
2. Act as a promoter of a contest event, regardless of whether the contest event occurs in this
state or another state. For purposes of this subsection, a person who aids, abets, or assists in the
promotion of a contest event shall be deemed to act as a promoter.
3. Possess or own an animal engaged or to be engaged in a contest event conducted in this state
or another state.
4. Be a party to a commercial transaction for the transfer of an animal engaged or to be

engaged in a contest event conducted in this state or another state, including but not limited to a
transaction by purchase or sale, barter, trade, or an offer involving such a transaction.
5. Act as a trainer of an animal engaged or to be engaged in a contest event conducted in this

training of an animal engaged or to be engaged in a contest event shall be deemed to act as a
trainer.
6. Possess, own, or manufacture a contest device.
7. Be a party to a commercial transaction for the transfer of a contest device, including but not
limited to a transaction by purchase or sale, barter, trade, or an offer involving such a
transaction.
8. Act as a transporter moving an animal engaged or to be engaged in a contest event in this

state.
9. Gambling at a contest event conducted in this state, including but not limited to wagering on
the outcome of a contest involving animals.
10. Act as a spectator of a contest event conducted in this state, regardless of whether the
person paid admission to witness the contest event.
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IOWA CODE ANN. § 717D.3 (2009). Exceptions
1. This chapter does not apply to a function other than a contest event. A contest event does not
involve any of the following events:
a. A race, including but not limited to a race regulated under chapter 99D.
b. A fair event as defined in section 174.1.
c. A rodeo or rodeo event.
d. A 4-H function.
e. A hunting or fishing party.
f. A field meet or trial in which the skill of dogs is demonstrated in pointing, retrieving,
trailing, or chasing any game bird, game animal, or fur-bearing animal.
g. The raising or selling of game or fur-bearing animals as provided in chapter 481A.
2. This chapter shall not apply to any of the following:
a. An action to carry out an order issued by a court.
b. An action by a licensed veterinarian practicing veterinary medicine as provided in

chapter 169.
c. An action that is consistent with animal husbandry practices.
d. An action allowed in order to carry out another provision of law which allows the
action.
e. The taking, hunting, trapping, or fishing for a wild animal as provided in chapter
481A.
f. An action to protect the person's property from a wild animal as defined in section
481A.1.
g. An action to protect a person from injury or death caused by a wild animal as defined
in section 481A.1.
unconfined animal.
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unconfined animal.
j. A local authority reasonably acting to destroy an animal if, at the time of the
IOWA CODE ANN. § 717D.4 (2009). Penalties
1. Except as provided in section 717D.2 subsection 10, a person who violates a provision of this
chapter commits a class "D" felony.
2. A person who violates section 717D.2, subsection 10, by acting as a spectator of a contest
event conducted in this state commits the following:
A. An aggravated misdemeanor for the first offense.
B. A class "D" felony for a second or subsequent offense.
IOWA CODE ANN. § 717D.5 (2009). Confiscation and disposition of animals
1. A local authority may confiscate an animal that is involved in a violation of section 717D.2.
An animal that is livestock shall be considered neglected and may be rescued and disposed of as
provided in section 717.5. An animal which is not livestock shall be considered threatened and
rescued and disposed of as provided in section 717B.4.
2. If an animal that is involved in a violation of section 717D.2 is not rescued and disposed of
pursuant to section 717.5 or 717B.4, it shall be forfeited to the state and subject to disposition as
ordered by the court. In addition, the court shall order the owner of the animal to pay an amount
which shall not be more than the expenses incurred in maintaining or disposing of the animal.
The court may also order that the person pay reasonable attorney fees and expenses related to
the investigation of the case that shall be taxed as other court costs. If more than one person has
a divisible interest in the animal, the amount required to be paid shall be prorated based on the
percentage of interest in the animal owned by each person. The moneys shall be paid to the local
authority incurring the expense. The amount shall be subtracted from proceeds which are
received from the sale of the animal ordered by the court.
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following:


717B.4.
331.
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the animal. A person guilty of animal abuse is guilty of an aggravated misdemeanor. This section
shall not apply to any of the following:
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.
unconfined animal.
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.
facility.
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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.
conduct.
481A.
section 481A.1.
unconfined animal.
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unconfined animal.

3.
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b. If the animal has been rescued, the court may order that the animal be placed under the
custody of the local authority and maintained in the same manner as a rescued animal
under section 717B.5.
part of that proceeding and shall not be considered a criminal penalty imposed on a person found
in violation of this chapter.
3. If the court determines that an animal is not a threatened animal, the court shall order that the
animal be returned to the custody of the responsible party. If the court determines that an animal
is a threatened animal, the court shall order the local authority to dispose of the threatened
animal in any manner deemed appropriate for the welfare of the animal. In addition, all of the
following apply:
than the dispositional expenses incurred by the local authority. The court may also award
the local authority court costs, reasonable attorney fees and expenses related to the
investigation and prosecution of the case, which shall be taxed as part of the costs of the
action.

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attributable to the responsible parties as the threatened animal's titleholders. For purposes
of this paragraph, a responsible party who does not own an interest in the threatened
animal shall be deemed to be an owner holding a percentage interest in the animal equal
to the largest percentage interest held by a landowner who is attributed an interest as the
threatened animal's titleholder. If the responsible party is a landowner, the local authority
may submit the amount to reimburse the local authority for its dispositional expenses to
the clerk of the county board of supervisors who shall report the amount to the county
treasurer. If the threatened animal is owned by more than one landowner, the amount
shall be prorated among the landowners based on the percentage of interest owned in the
threatened animal attributable to each landowner as the animal's titleholders. The amount
shall be placed upon the tax books, and collected with interest and penalties after due, in
the same manner as other unpaid property taxes. The county shall reimburse a city within
thirty days from the collection of the property taxes.
States.
maintenance of the animal. The local authority may contract with an animal care provider for the
maintenance of the animal. The local authority shall provide the responsible party for the animal
with notice of the rescue. The notice may be accomplished by doing any of the following:
section.
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IOWA CODE ANN. § 717B.8 (2009). 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 ANN. § 717D.1 (2009). Definitions
1. "Animal" means a nonhuman vertebrate.
2. "Contest device" means equipment designed to enhance an animal's entertainment value

during training or a contest event, including a device to improve the contest animal's
competitiveness. A contest device includes but is not limited to an implement designed to be
attached in place of a natural spur of a cock or other fighting bird in order to enhance the bird's
fighting ability, and which is commonly referred to as a spur or gaff.
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3. "Contest event" means a function organized for the entertainment or profit of spectators
where an animal is injured, tormented, or killed, including but not limited to a bull involved in a
bullfight or bull baiting, a bear involved in bear baiting, a chicken involved in cock fighting, or a
dog involved in dog fighting.
4. "Establishment" means the location where a contest event occurs or is to occur, regardless of
whether an animal is present at the establishment or the contest animal is witnessed by means of
an electronic signal transmitted to the location.
5. "Livestock" means the same as defined in section 717.1.
6. "Local authority" means the same as defined in section 717B.1.
7. "Promoter" means a person who charges admission for entry into an establishment or
organizes, holds, advertises, or otherwise conducts a contest event.
8. "Spectator" means a person who attends an establishment knowingly to watch or observe a

contest event.
9. "Trainer" means a person who trains an animal for purposes of engaging in a contest event,
regardless of where the contest event is located. A trainer includes a person who uses a contest
device.
10. "Transporter" means a person who moves an animal for delivery to a training location or a
contest event location.
IOWA CODE ANN. § 717D.2 (2009). Prohibitions--contest events
A person shall not do any of the following:
1. Own or operate an establishment located in this state in which a contest event occurs or is to
occur.
2. Act as a promoter of a contest event, regardless of whether the contest event occurs in this
promotion of a contest event shall be deemed to act as a promoter.
3. Possess or own an animal engaged or to be engaged in a contest event conducted in this state
or another state.
4. Be a party to a commercial transaction for the transfer of an animal engaged or to be engaged

in a contest event conducted in this state or another state, including but not limited to a
transaction by purchase or sale, barter, trade, or an offer involving such a transaction.
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5. Act as a trainer of an animal engaged or to be engaged in a contest event conducted in this
training of an animal engaged or to be engaged in a contest event shall be deemed to act as a
trainer.
6. Possess, own, or manufacture a contest device.
7. Be a party to a commercial transaction for the transfer of a contest device, including but not
limited to a transaction by purchase or sale, barter, trade, or an offer involving such a transaction.
8. Act as a transporter moving an animal engaged or to be engaged in a contest event in this

state.
9. Gambling at a contest event conducted in this state, including but not limited to wagering on
the outcome of a contest involving animals.
10. Act as a spectator of a contest event conducted in this state, regardless of whether the person
paid admission to witness the contest event.
IOWA CODE ANN. § 717D.3 (2009). Exceptions
1. This chapter does not apply to a function other than a contest event. A contest event does not
involve any of the following events:
a. A race, including but not limited to a race regulated under chapter 99D.
b. A fair event as defined in section 174.1.
c. A rodeo or rodeo event.
d. A 4-H function.
e. A hunting or fishing party.
f. A field meet or trial in which the skill of dogs is demonstrated in pointing, retrieving,
trailing, or chasing any game bird, game animal, or fur-bearing animal.
g. The raising or selling of game or fur-bearing animals as provided in chapter 481A.
2. This chapter shall not apply to any of the following:
a. An action to carry out an order issued by a court.
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b. An action by a licensed veterinarian practicing veterinary medicine as provided in
chapter 169.
c. An action that is consistent with animal husbandry practices.
d. An action allowed in order to carry out another provision of law which allows the
action.
e. The taking, hunting, trapping, or fishing for a wild animal as provided in chapter 481A.
f. An action to protect the person's property from a wild animal as defined in section
481A.1.
g. An action to protect a person from injury or death caused by a wild animal as defined
in section 481A.1.
unconfined animal.

unconfined animal.
j. A local authority reasonably acting to destroy an animal if, at the time of the
IOWA CODE ANN. § 717D.4 (2009). Penalties
1. Except as provided in section 717D.2 subsection 10, a person who violates a provision of this
chapter commits a class "D" felony.
2. A person who violates section 717D.2, subsection 10, by acting as a spectator of a contest
event conducted in this state commits the following:
A. An aggravated misdemeanor for the first offense.
B. A class "D" felony for a second or subsequent offense.
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IOWA CODE ANN. § 717D.5 (2009). Confiscation and disposition of animals
1. A local authority may confiscate an animal that is involved in a violation of section 717D.2.
An animal that is livestock shall be considered neglected and may be rescued and disposed of as
provided in section 717.5. An animal which is not livestock shall be considered threatened and
rescued and disposed of as provided in section 717B.4.
2. If an animal that is involved in a violation of section 717D.2 is not rescued and disposed of
pursuant to section 717.5 or 717B.4, it shall be forfeited to the state and subject to disposition as
ordered by the court. In addition, the court shall order the owner of the animal to pay an amount
which shall not be more than the expenses incurred in maintaining or disposing of the animal.
The court may also order that the person pay reasonable attorney fees and expenses related to the
investigation of the case that shall be taxed as other court costs. If more than one person has a
divisible interest in the animal, the amount required to be paid shall be prorated based on the
percentage of interest in the animal owned by each person. The moneys shall be paid to the local
authority incurring the expense. The amount shall be subtracted from proceeds which are
received from the sale of the animal ordered by the court.
IOWA CODE ANN. § 902.9 (2009). Maximum sentence for felons
The maximum sentence for any person convicted of a felony shall be that prescribed by statute
or, if not prescribed by statute, if other than a class "A" felony shall be determined as follows:
1. A felon sentenced for a first conviction for a violation of section 124.401D, shall be confined
for no more than ninety-nine years.
2. A class "B" felon shall be confined for no more than twenty-five years.
3. An habitual offender shall be confined for no more than fifteen years.
4. A class "C" felon, not an habitual offender, shall be confined for no more than ten years, and
in addition shall be sentenced to a fine of at least one thousand dollars but not more than ten
thousand dollars.
5. A class "D" felon, not an habitual offender, shall be confined for no more than five years, and
in addition shall be sentenced to a fine of at least seven hundred fifty dollars but not more than
seven thousand five hundred dollars.
The surcharges required by sections 911.1, 911.2, and 911.3 shall be added to a fine imposed on
a class "C" or class "D" felon, as provided by those sections, and are not a part of or subject to
the maximums set in this section.
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IOWA CODE ANN. § 903.1 (2009). Maximum sentence for misdemeanants
1. If a person eighteen years of age or older is convicted of a simple or serious misdemeanor and
a specific penalty is not provided for or if a person under eighteen years of age has been waived
to adult court pursuant to section 232.45 on a felony charge and is subsequently convicted of a
simple, serious, or aggravated misdemeanor, the court shall determine the sentence, and shall fix
the period of confinement or the amount of fine, which fine shall not be suspended by the court,
within the following limits:
a. For a simple misdemeanor, there shall be a fine of at least sixty-five dollars but not to
exceed six hundred twenty-five dollars. The court may order imprisonment not to exceed
thirty days in lieu of a fine or in addition to a fine.
b. For a serious misdemeanor, there shall be a fine of at least three hundred fifteen dollars
but not to exceed one thousand eight hundred seventy-five dollars. In addition, the court
may also order imprisonment not to exceed one year.
2. When a person is convicted of an aggravated misdemeanor, and a specific penalty is not

provided for, the maximum penalty shall be imprisonment not to exceed two years. There shall
be a fine of at least six hundred twenty-five dollars but not to exceed six thousand two hundred
fifty dollars. When a judgment of conviction of an aggravated misdemeanor is entered against
any person and the court imposes a sentence of confinement for a period of more than one year
the term shall be an indeterminate term.
3. A person under eighteen years of age convicted of a simple misdemeanor under chapter 321,
321G, 321I, 453A, 461A, 461B, 462A, 481A, 481B, 483A, 484A, or 484B, or a violation of a
county or municipal curfew or traffic ordinance, except for an offense subject to section 805.8,
may be required to pay a fine, not to exceed one hundred dollars, as fixed by the court, or may be
required to perform community service as ordered by the court.
4. The surcharges required by sections 911.1, 911.2, 911.3, and 911.4 shall be added to a fine
imposed on a misdemeanant as provided in those sections, and are not a part of or subject to the
maximums set in this section.
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ANIMAL PROTECTION LAWS OF KANSAS
ANIMAL PROTECTION LAWS OF KANSAS
2. PENALTIES
3. EXEMPTIONS
12. SEXUAL ASSAULT
13. FIGHTING
This chapter contains Kansas’s general animal protection and related statutes enacted prior to November 2009. It begins
Kansas may employ similar provisions within other non-animal-specific criminal and civil statutes; may have other more

USA Map
KANSAS

Cruelty to animals
KAN. STAT. ANN. § 21-4310(a)(2-5)
(2)
KAN. STAT. ANN. § 21-4310(a)(1)
Animals Covered in Definition A[E]very living vertebrate except a human

being@
KAN. STAT. ANN. § 21-4313(1)

[1st offense]:
Class A nonperson misdemeanor
Non-person felony
(2)
Non-person felony

[1st offense]:
1 year county jail
KAN. STAT. ANN. § 21-4502(1)(a)
and/or
$2,500 fine
KAN. STAT. ANN. § 21-4503a(b)(1)
1 year imprisonment
KAN. STAT. ANN. § 21-4310(d)(2)
and
$2,500 fine
KAN. STAT. ANN. § 21-4310(d)(2)
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KANSAS continued
2. MAXIMUM PENALTIES ** continued (2)

1 year imprisonment
(Note: Mandatory 30 day minimum)
and
$5,000 fine
KAN. STAT. ANN. § 21-4310(d)(1)
3. EXEMPTIONS *** 1, 2, 3, 4, 5, 6, 7, 9
KAN. STAT. ANN. § 21-4310(b)
9
KAN. STAT. ANN. § 47-646
4. COUNSELING / EVALUATIONS H Offenders convicted of “intentionally and

maliciously killing, injuring, maiming,
torturing, burning or mutilating any animal”
shall have psychological evaluations while
imprisoned, and may be ordered to complete
an anger management program
KAN. STAT. ANN. § 21-4310(d)(1)
6. RESTITUTION / REIMBURSEMENT Owner may be required to post bond equal to

H
cost of 30 days of care
KAN. STAT. ANN. § 21-4311(a)
Expenses shall be assessed to owner if

convicted
KAN. STAT. ANN. § 21-4311(c)
7. SEIZURE / ON-SITE SUPERVISION Any public health officer, law enforcement,

licensed veterinarian, humane officer, animal
shelter agent may take custody of cruelly
treated animals
KAN. STAT. ANN. § 21-4311(a)
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KANSAS continued
8. FORFEITURE / POSSESSION H Court may order forfeiture 20 days after

seizure if bond not filed, or if owner cannot
be reasonably ascertained
KAN. STAT. ANN. § 21-4311(a)
Court may order forfeiture upon conviction

if future cruelty is likely
KAN. STAT. ANN. § 21-4311(e)
Any person convicted of aggravated cruelty

to animals is prohibited from owning or
keeping an animal for five years
10. VETERINARIAN REPORTING / IMMUNITY [NOTE: Under administrative regulation

K.A.R. § 70-8-1, veterinarians are required to
report cruel or inhumane treatment of animals
if the veterinarian has direct knowledge of
such treatment]
The requirement of client confidentiality is

waived for reporting cruel or inhumane
treatment of an animal
11. LAW ENFORCEMENT POLICIES Any public health officer, law enforcement,
licensed veterinarian, humane officer, animal
shelter agent may take custody of cruelly
treated animals
KAN. STAT. ANN. § 21-4311(a)
The county or district attorney shall

investigate and file charges upon complaint
by public health officers, law enforcement
officers, licensed veterinarians, or humane
agents
KAN. STAT. ANN. § 21-4311(d)
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KANSAS continued
12. SEXUAL ASSAULT Criminal sodomy includes sodomy between a

person and an animal, and such sodomy is a
Class B nonperson misdemeanor
13. FIGHTING Dogfighting is a level 10 nonperson felony;

unlawful possession of dogfighting
paraphernalia is a Class A nonperson
misdemeanor; attending a dogfight is a Class
B nonperson misdemeanor
Dogs involved in fighting may be seized, and
forfeited if a bond for costs of care is not filed
KAN. STAT. ANN. §§ 21-4316(a), (b)
Upon conviction for dogfighting, attending a
dogfight, or possession of dogfighting
paraphernalia, any seized dog is forfeited and
offender shall pay all expenses for costs of
care
KAN. STAT. ANN. § 21-4316(c)
Any person convicted of dogfighting is
prohibited from owning or keeping an animal
for five years
Cockfighting is a Level 10 nonperson
misdemeanor; possession of cockfighting
paraphernalia is a class A nonperson
misdemeanor; attendance at a cockfight is a
class B nonperson misdemeanor
Forfeiture is authorized in cases involving

dogfighting, cockfighting and unlawful
possession of dogfighting and cockfighting
paraphernalia
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KANSAS continued
NOTES The “Pet Animal Act” (KAN. STAT. ANN. §§

47-1701 to -1737) contains requirements for
the care of animals in stores, pounds, shelters,
kennels, hobby breeders and others; and
provides authority for their enforcement
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KAN. STAT. ANN. § 21-4310 (2009). Cruelty to animals.
(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
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:
(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;
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(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;
(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.
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(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. § 21-4313 (2009). Definitions.
As used in this act, unless the context otherwise requires;
(1) AAnimal@ means every living vertebrate except a human being.
(2) AFarm animal@ means an animal raised on a farm or ranch and used or intended for use as
food or fiber.
(3) ARetailer@ means a person regularly engaged in the business of selling tangible personal
property, services or entertainment for use or consumption and not for resale.
(4) AWild animal@ means a living mammal or marsupial which is normally found in the wild
state, but shall not include a farm animal.
(5) ADomestic pet@ means any domesticated animal which is kept for pleasure rather than utility.
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2. PENALTIES

(a)(1).
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(d)
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.
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.
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KAN. STAT. ANN. § 21-4502 (2009). Classification of misdemeanors and terms of

confinement; possible disposition.
(1) For the purpose of sentencing, the following classes of misdemeanors and the punishment
and the terms of confinement authorized for each class are established:
(a) Class A, the sentence for which shall be a definite term of confinement in the county
jail which shall be fixed by the court and shall not exceed one year.
(b) Class B, the sentence for which shall be a definite term of confinement in the county
jail which shall be fixed by the court and shall not exceed six months.
(c) Class C, the sentence for which shall be a definite term of confinement in the county
jail which shall be fixed by the court and shall not exceed one month.
(d) Unclassified misdemeanors, which shall include all crimes declared to be

misdemeanors without specification as to class, the sentence for which shall be in
accordance with the sentence specified in the statute that defines the crime; if no penalty
is provided in such law, the sentence shall be the same penalty as provided herein for a
class C misdemeanor.
(2) Upon conviction of a misdemeanor, a person may be punished by a fine, as provided in

K.S.A. 21-4503, and amendments thereto, instead of or in addition to confinement, as provided
in this section.
(3) In addition to or in lieu of any other sentence authorized by law, whenever there is evidence
that the act constituting the misdemeanor was substantially related to the possession, use or
ingestion of cereal malt beverage or alcoholic liquor by such person, the court may order such
person to attend and satisfactorily complete an alcohol or drug education or training program
certified by the chief judge of the judicial district or licensed by the secretary of social and
rehabilitation services.
(4) Except as provided in subsection (5), in addition to or in lieu of any other sentence
authorized by law, whenever a person is convicted of having committed, while under 21 years of
age, a misdemeanor under K.S.A. 41-719, 41-727, sections 1 through 17 or 8-1599, and
amendments thereto, the court shall order such person to submit to and complete an alcohol and
drug evaluation by a community-based alcohol and drug safety action program certified pursuant
to K.S.A. 8-1008 and amendments thereto and to pay a fee not to exceed the fee established by
that statute for such evaluation. If the court finds that the person is indigent, the fee may be
waived.
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(5) If the person is 18 or more years of age but less than 21 years of age and is convicted of a
violation of K.S.A. 41-727, and amendments thereto, involving cereal malt beverage, the
provisions of subsection (4) are permissive and not mandatory.
KAN. STAT. ANN. § 21-4503a (2009). Fines, crimes committed on or after July 1, 1993.
(a) A person who has been convicted of a felony may, in addition to the sentence authorized by
law, be ordered to pay a fine which shall be fixed by the court as follows:
(1) For any off-grid felony crime or any felony ranked in severity level 1 of the drug grid
as provided in K.S.A. 21-4705 and amendments thereto, a sum not exceeding $500,000.
(2) For any felony ranked in severity levels 1 through 5 of the nondrug grid as provided
in K.S.A. 21-4704 and amendments thereto or in severity levels 2 or 3 of the drug grid as
provided in K.S.A. 21-4705 and amendments thereto, a sum not exceeding $300,000.
in K.S.A. 21-4704 and amendments thereto or in severity level 4 of the drug grid as
(b) A person who has been convicted of a misdemeanor, in addition to or instead of the
imprisonment authorized by law, may be sentenced to pay a fine which shall be fixed by the court
as follows:
(1) For a class A misdemeanor, a sum not exceeding $2,500.
(2) For a class B misdemeanor, a sum not exceeding $1,000.
(3) For a class C misdemeanor, a sum not exceeding $500.
(4) For an unclassified misdemeanor, any sum authorized by the statute that defines the
crime. If no penalty is provided in such law, the fine shall not exceed the fine provided
herein for a class C misdemeanor.
(c) As an alternative to any of the above fines, the fine imposed may be fixed at any greater sum
not exceeding double the pecuniary gain derived from the crime by the offender.
(d) A person who has been convicted of a traffic infraction may be sentenced to pay a fine which
shall be fixed by the court, not exceeding $500.
(e) A person who has been convicted of a cigarette or tobacco infraction shall be sentenced to
pay a fine of $25.
(f) The provisions of this section shall apply to crimes committed on or after July 1, 1993.
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3. EXEMPTIONS

(a)(1).
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
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(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;


(d)
management program.
than $ 2,500.
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KAN. STAT. ANN. § 47-646 (2009). Killing dog lawful, when.
It shall be lawful for any person at any time to kill any dog which may be found injuring or
attempting to injure any livestock as defined in KAN. STAT. ANN. ' 47-1001, and amendments
thereto.
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(a)(1).
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(d)
probation. Such conditions shall include, but not be limited to, the completion of an
anger management program.
than $ 2,500.
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5. COMMUNITY SERVICE
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KAN. STAT. ANN. § 21-4311 (2009). Cruelty to animals; custody of animal; disposition;
damages for killing, when; expenses of care assessed owner, when; duty of county or
district attorney.
(a) Any public health officer, law enforcement officer, licensed veterinarian or officer or agent of
any incorporated humane society, animal shelter or other appropriate facility may take into
custody any animal, upon either private or public property, which clearly shows evidence of
cruelty to animals, as defined in K.S.A. 21-4310 and amendments thereto. Such officer, agent or
veterinarian may inspect, care for or treat such animal or place such animal in the care of a duly
incorporated humane society or licensed veterinarian for treatment, boarding or other care or, if
an officer of such humane society or such veterinarian determines that the animal appears to be
diseased or disabled beyond recovery for any useful purpose, for humane killing. If the animal is
placed in the care of an animal shelter, the animal shelter shall notify the owner or custodian, if
known or reasonably ascertainable. If the owner or custodian is charged with a violation of
K.S.A. 21-4310, and amendments thereto, the board of county commissioners in the county
where the animal was taken into custody shall establish and approve procedures whereby the
animal shelter may petition the district court to be allowed to place the animal for adoption or
euthanize the animal at any time after 20 days after the owner or custodian is notified or, if the
owner or custodian is not known or reasonably ascertainable after 20 days after the animal is
taken into custody, unless the owner or custodian of the animal files a renewable cash or
performance bond with the county clerk of the county where the animal is being held, in an
amount equal to not less than the cost of care and treatment of the animal for 30 days. Upon
receiving such petition, the court shall determine whether the animal may be placed for adoption
or euthanized. The board of county commissioners in the county where the animal was taken into
custody shall review the cost of care and treatment being charged by the animal shelter
maintaining the animal.
(b) The owner or custodian of an animal placed for adoption or killed pursuant to subsection (a)
shall not be entitled to recover damages for the placement or killing of such animal unless the
owner proves that such placement or killing was unwarranted.
(c) Expenses incurred for the care, treatment or boarding of any animal, taken into custody
pursuant to subsection (a), pending prosecution of the owner or custodian of such animal for the
crime of cruelty to animals, as defined in K.S.A. 21-4310 and amendments thereto, shall be
assessed to the owner or custodian as a cost of the case if the owner or custodian is adjudicated
guilty of such crime.
(d) Upon the filing of a sworn complaint by any public health officer, law enforcement officer,
licensed veterinarian or officer or agent of any incorporated humane society, animal shelter or
other appropriate facility alleging the commission of cruelty to animals, as defined in K.S.A. 21-
4310 and amendments thereto, the county or district attorney shall determine the validity of the
complaint and shall forthwith file charges for the crime if the complaint appears to be valid.
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(e) If a person is adjudicated guilty of the crime of cruelty to animals, as defined in K.S.A. 21-
4310 and amendments thereto, and the court having jurisdiction is satisfied that an animal owned
or possessed by such person would be in the future subjected to such crime, such animal shall
not be returned to or remain with such person. Such animal may be turned over to a duly
incorporated humane society or licensed veterinarian for sale or other disposition.
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district attorney.
veterinarian may inspect, care for or treat such animal or place such animal in the care of a
duly incorporated humane society or licensed veterinarian for treatment, boarding or other care
or, if an officer of such humane society or such veterinarian determines that the animal appears
to be diseased or disabled beyond recovery for any useful purpose, for humane killing. If the
animal is placed in the care of an animal shelter, the animal shelter shall notify the owner or
custodian, if known or reasonably ascertainable. If the owner or custodian is charged with a
violation of K.S.A. 21-4310, and amendments thereto, the board of county commissioners in the
county where the animal was taken into custody shall establish and approve procedures whereby
the animal shelter may petition the district court to be allowed to place the animal for adoption or
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district attorney.
or euthanized. The board of county commissioners in the county where the animal was taken
into custody shall review the cost of care and treatment being charged by the animal shelter
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4310 and amendments thereto, and the court having jurisdiction is satisfied that an animal
owned or possessed by such person would be in the future subjected to such crime, such animal
shall not be returned to or remain with such person. Such animal may be turned over to a duly
KAN. STAT. ANN. § 21-4317 (2009). Illegal ownership or keeping of an animal.
(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.
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Editor’s Note: Under administrative regulation K.A.R. § 70-8-1, veterinarians are required to report cruel or
inhumane treatment of animals if the veterinarian has direct knowledge of such treatment.
KAN. STAT. ANN. § 47-839 (2009). Confidentiality; exceptions; waiver
(a) Except as otherwise provided under K.S.A. 47-622 and 47-624, and amendments thereto, a
licensed veterinarian shall not disclose any information concerning the veterinarian's care of an
animal except on written authorization or other waiver by the veterinarian's client or on
appropriate court order or subpoena. Any veterinarian who releases information under written
authorization or other waiver by the client or under court order or subpoena shall not be liable to
the client or any other person. The privilege provided by this section shall be waived under the
following circumstances: (1) Reporting cruel or inhumane treatment of any animal to federal,
state or local governmental agencies; (2) where information is necessary to provide care in an
emergency where the absence of immediate medical attention could reasonably be expected to
place the animal's health in serious jeopardy or impair bodily function; (3) where the failure to
disclose vaccination information may endanger the public's health, safety or welfare; (4) where
the veterinarian's client or the owner of the animal places the veterinarian's care and treatment of
the animal or the nature and extent of injuries to the animal at issue in any civil or criminal
proceeding; or (5) in relation to any investigation by the board and any subsequent
administrative disciplinary action brought by the board.
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district attorney.
veterinarian may inspect, care for or treat such animal or place such animal in the care of a
duly incorporated humane society or licensed veterinarian for treatment, boarding or other care
or, if an officer of such humane society or such veterinarian determines that the animal appears
to be diseased or disabled beyond recovery for any useful purpose, for humane killing. If the
animal is placed in the care of an animal shelter, the animal shelter shall notify the owner or
custodian, if known or reasonably ascertainable. If the owner or custodian is charged with a
violation of K.S.A. 21-4310, and amendments thereto, the board of county commissioners in the
the animal shelter may petition the district court to be allowed to place the animal for adoption
or euthanize the animal at any time after 20 days after the owner or custodian is notified or, if
the owner or custodian is not known or reasonably ascertainable after 20 days after the animal
is taken into custody, unless the owner or custodian of the animal files a renewable cash or
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12. SEXUAL ASSAULT
KAN. STAT. ANN. § 21-3505 (2009). Criminal sodomy.
(a) Criminal sodomy is:
(1) Sodomy between persons who are 16 or more years of age and members of the same
sex or between a person and an animal;
(2) sodomy with a child who is 14 or more years of age but less than 16 years of age; or
(3) causing a child 14 or more years of age but less than 16 years of age to engage in
sodomy with any person or animal.
(b) It shall be a defense to a prosecution of criminal sodomy as provided in subsection (a)(2) that
the child was married to the accused at the time of the offense.
(c) Criminal sodomy as provided in subsection (a)(1) is a class B nonperson misdemeanor.

Criminal sodomy as provided in subsections (a)(2) and (a)(3) is a severity level 3, person felony.
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13. FIGHTING
KAN. STAT. ANN. § 21-4315 (2009). Unlawful conduct of dog fighting; attending the
unlawful conduct of dog fighting.
(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 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. § 21-4316 (2009). Same; disposition of dogs; assessment of expenses of
care.
(a) When a person is arrested under K.S.A. 21-4315 and amendments thereto, a law enforcement
agency may take into custody any dog on the premises where the dog fight is alleged to have
occurred and any dog owned or kept on the premises of any person arrested for unlawful
conduct of dog fighting, unlawful attendance of dog fighting, or unlawful possession of dog
fighting paraphernalia under K.S.A. 21-4315, and amendments thereto.
(b) When a law enforcement agency takes custody of a dog under this section, such agency may
place the dog in the care of a duly incorporated humane society or licensed veterinarian for
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boarding, treatment or other care. If it appears to a licensed veterinarian that the dog is
diseased or disabled beyond recovery for any useful purpose, such dog may be humanely killed.
The dog may be sedated, isolated or restrained if such officer, agent or veterinarian determines
it to be in the best interest of the dog, other animals at the animal shelter or personnel of the
animal shelter. If the dog is placed in the care of an animal shelter, the board of county
commissioners in the county where the animal was taken into custody shall establish and
approve procedures whereby the animal shelter may petition the district court to be allowed to
place the dog for adoption or euthanize the dog at any time after 20 days after the dog is taken
into custody, unless the owner or custodian of the dog files a renewable cash or performance
bond with the county clerk of the county where the dog is being held, in an amount equal to not
less than the cost of care and treatment of the dog for 30 days. Upon receiving such petition, the
court shall determine whether the dog may be placed for adoption or euthanized. The board of
county commissioners in the county where the animal was taken into custody shall review the
cost of care and treatment being charged by the animal shelter maintaining the animal. Except
as provided in subsection (c), if it appears to the licensed veterinarian by physical examination
that the dog has not been trained for aggressive conduct or is a type of dog that is not commonly
bred or trained for aggressive conduct, the district or county attorney shall order that the dog be
returned to its owner when the dog is not needed as evidence in a case filed under K.S.A. 21-
4315 or 21-4310, and amendments thereto. The owner or keeper of a dog placed for adoption or
humanely killed under this subsection (b) shall not be entitled to damages unless the owner or
keeper proves that such placement or killing was unwarranted.
(c) If a person is convicted of unlawful conduct of dog fighting, unlawful attendance of dog
fighting or unlawful possession of dog fighting paraphernalia under K.S.A. 21-4315, and
amendments thereto, a dog taken into custody pursuant to subsection (a) shall not be returned to
such person and the court shall order the owner or keeper to pay to the animal shelter all
expenses incurred for the care, treatment and boarding of such dog, including any damages
caused by such dog, prior to conviction of the owner or keeper. Disposition of such dog shall be
in accordance with K.S.A. 21-4311, and amendments thereto. If no such conviction results, the
dog shall be returned to the owner or keeper and the court shall order the county where the dog
was taken into custody to pay to the animal shelter all expenses incurred by the shelter for the
care, treatment and boarding of such dog, including any damages caused by such dog, prior to
its return.
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KAN. STAT. ANN. § 21-4319 (2009). Unlawful conduct of cockfighting.
(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 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.
KAN. STAT. ANN. § 60-4104 (2009). Covered offenses and conduct giving rise to forfeiture
Conduct and offenses giving rise to forfeiture under this act, whether or not there is a
prosecution or conviction related to the offense, are:
(a) All offenses which statutorily and specifically authorize forfeiture;
(b) Violations of sections 1 through 17 of 2009 House Bill, and amendments thereto;
(c) Theft which is classified as a felony violation pursuant to K.S.A. 21-3701, and amendments
thereto, in which the property taken was livestock;
(d) Unlawful discharge of a firearm, K.S.A. 21-4219, and amendments thereto;

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(e) Violations of Section 16 of 2009 House Bill No. 2236, and amendments thereto;
(f) Gambling, K.S.A. 21-4303, and amendments thereto, and commercial gambling, K.S.A. 21-
4304, and amendments thereto;
(g) Counterfeiting, K.S.A. 21-3763, and amendments thereto;
(h) Violations of K.S.A. 21-4019, and amendments thereto;
(i) Medicaid fraud, K.S.A. 21-3844 et seq., and amendments thereto;
(j) An act or omission occurring outside this state, which would be a violation in the place of
occurrence and would be described in this section if the act occurred in this state, whether or not
it is prosecuted in any state;
(k) An act or omission committed in furtherance of any act or omission described in this section
including any inchoate or preparatory offense, whether or not there is a prosecution or conviction
related to the act or omission;
(l) Any solicitation or conspiracy to commit any act or omission described in this section,
whether or not there is a prosecution or conviction related to the act or omission;
(m) Furtherance of terrorism or illegal use of weapons of mass destruction, K.S.A. 21-3451, and
amendments thereto;
(n) Unlawful conduct of dog fighting and unlawful possession of dog fighting paraphernalia,
K.S.A. 21-4315, and amendments thereto;
(o) Unlawful conduct of cockfighting and unlawful possession of cockfighting paraphernalia,

K.S.A. 21-4319, and amendments thereto; and
(p) Prostitution, K.S.A. 21-3512, and amendments thereto, promoting prostitution, K.S.A. 21-
3513, and amendments thereto, and patronizing a prostitute, K.S.A. 21-3515, and amendments
thereto.
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KAN. STAT. ANN. § 21-3505 (2009). Criminal sodomy.
(a) Criminal sodomy is:
(1) Sodomy between persons who are 16 or more years of age and members of the same
sex or between a person and an animal;
(2) sodomy with a child who is 14 or more years of age but less than 16 years of age; or
(3) causing a child 14 or more years of age but less than 16 years of age to engage in
sodomy with any person or animal.
(b) It shall be a defense to a prosecution of criminal sodomy as provided in subsection (a)(2) that
the child was married to the accused at the time of the offense.
(c) Criminal sodomy as provided in subsection (a)(1) is a class B nonperson misdemeanor.

Criminal sodomy as provided in subsections (a)(2) and (a)(3) is a severity level 3, person felony.

(a)(1).

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(d)
management program.
than $ 2,500.
district attorney.
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KAN. STAT. ANN. § 21-4313 (2009). Definitions.
As used in this act, unless the context otherwise requires;
(1) AAnimal@ means every living vertebrate except a human being.
(2) AFarm animal@ means an animal raised on a farm or ranch and used or intended for use as
food or fiber.
(3) ARetailer@ means a person regularly engaged in the business of selling tangible personal
property, services or entertainment for use or consumption and not for resale.
(4) AWild animal@ means a living mammal or marsupial which is normally found in the wild
state, but shall not include a farm animal.
(5) ADomestic pet@ means any domesticated animal which is kept for pleasure rather than utility.
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KAN. STAT. ANN. § 21-4315 (2009). Unlawful conduct of dog fighting; attending the
unlawful conduct of dog fighting.
(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 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. § 21-4316 (2009). Same; disposition of dogs; assessment of expenses of
care.
(a) When a person is arrested under K.S.A. 21-4315 and amendments thereto, a law enforcement
agency may take into custody any dog on the premises where the dog fight is alleged to have
occurred and any dog owned or kept on the premises of any person arrested for unlawful conduct
of dog fighting, unlawful attendance of dog fighting, or unlawful possession of dog fighting
paraphernalia under K.S.A. 21-4315, and amendments thereto.
(b) When a law enforcement agency takes custody of a dog under this section, such agency may
place the dog in the care of a duly incorporated humane society or licensed veterinarian for
boarding, treatment or other care. If it appears to a licensed veterinarian that the dog is diseased
or disabled beyond recovery for any useful purpose, such dog may be humanely killed. The dog
may be sedated, isolated or restrained if such officer, agent or veterinarian determines it to be in
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the best interest of the dog, other animals at the animal shelter or personnel of the animal shelter.
If the dog is placed in the care of an animal shelter, the board of county commissioners in the
the animal shelter may petition the district court to be allowed to place the dog for adoption or
euthanize the dog at any time after 20 days after the dog is taken into custody, unless the owner
or custodian of the dog files a renewable cash or performance bond with the county clerk of the
county where the dog is being held, in an amount equal to not less than the cost of care and
treatment of the dog for 30 days. Upon receiving such petition, the court shall determine whether
the dog may be placed for adoption or euthanized. The board of county commissioners in the
county where the animal was taken into custody shall review the cost of care and treatment being
charged by the animal shelter maintaining the animal. Except as provided in subsection (c), if it
appears to the licensed veterinarian by physical examination that the dog has not been trained for
aggressive conduct or is a type of dog that is not commonly bred or trained for aggressive
conduct, the district or county attorney shall order that the dog be returned to its owner when the
dog is not needed as evidence in a case filed under K.S.A. 21-4315 or 21-4310, and amendments
thereto. The owner or keeper of a dog placed for adoption or humanely killed under this
subsection (b) shall not be entitled to damages unless the owner or keeper proves that such
placement or killing was unwarranted.
(c) If a person is convicted of unlawful conduct of dog fighting, unlawful attendance of dog
fighting or unlawful possession of dog fighting paraphernalia under K.S.A. 21-4315, and
amendments thereto, a dog taken into custody pursuant to subsection (a) shall not be returned to
such person and the court shall order the owner or keeper to pay to the animal shelter all
expenses incurred for the care, treatment and boarding of such dog, including any damages
caused by such dog, prior to conviction of the owner or keeper. Disposition of such dog shall be
in accordance with K.S.A. 21-4311, and amendments thereto. If no such conviction results, the
dog shall be returned to the owner or keeper and the court shall order the county where the dog
was taken into custody to pay to the animal shelter all expenses incurred by the shelter for the
care, treatment and boarding of such dog, including any damages caused by such dog, prior to its
return.
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KAN. STAT. ANN. § 21-4319 (2009). Unlawful conduct of cockfighting.
(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 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.
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KAN. STAT. ANN. § 21-4502 (2009). Classification of misdemeanors and terms of
confinement; possible disposition.
(1) For the purpose of sentencing, the following classes of misdemeanors and the punishment
and the terms of confinement authorized for each class are established:
(a) Class A, the sentence for which shall be a definite term of confinement in the county
jail which shall be fixed by the court and shall not exceed one year.
(b) Class B, the sentence for which shall be a definite term of confinement in the county
jail which shall be fixed by the court and shall not exceed six months.
(c) Class C, the sentence for which shall be a definite term of confinement in the county
jail which shall be fixed by the court and shall not exceed one month.
(d) Unclassified misdemeanors, which shall include all crimes declared to be

misdemeanors without specification as to class, the sentence for which shall be in
accordance with the sentence specified in the statute that defines the crime; if no penalty
is provided in such law, the sentence shall be the same penalty as provided herein for a
class C misdemeanor.
(2) Upon conviction of a misdemeanor, a person may be punished by a fine, as provided in

K.S.A. 21-4503, and amendments thereto, instead of or in addition to confinement, as provided
in this section.
(3) In addition to or in lieu of any other sentence authorized by law, whenever there is evidence
that the act constituting the misdemeanor was substantially related to the possession, use or
ingestion of cereal malt beverage or alcoholic liquor by such person, the court may order such
person to attend and satisfactorily complete an alcohol or drug education or training program
certified by the chief judge of the judicial district or licensed by the secretary of social and
rehabilitation services.
(4) Except as provided in subsection (5), in addition to or in lieu of any other sentence
authorized by law, whenever a person is convicted of having committed, while under 21 years of
age, a misdemeanor under K.S.A. 41-719, 41-727, sections 1 through 17 or 8-1599, and
amendments thereto, the court shall order such person to submit to and complete an alcohol and
drug evaluation by a community-based alcohol and drug safety action program certified pursuant
to K.S.A. 8-1008 and amendments thereto and to pay a fee not to exceed the fee established by
that statute for such evaluation. If the court finds that the person is indigent, the fee may be
waived.
(5) If the person is 18 or more years of age but less than 21 years of age and is convicted of a
violation of K.S.A. 41-727, and amendments thereto, involving cereal malt beverage, the
provisions of subsection (4) are permissive and not mandatory.
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KAN. STAT. ANN. § 21-4503a (2009). Fines, crimes committed on or after July 1, 1993.
(a) A person who has been convicted of a felony may, in addition to the sentence authorized by
law, be ordered to pay a fine which shall be fixed by the court as follows:
(1) For any off-grid felony crime or any felony ranked in severity level 1 of the drug grid
as provided in K.S.A. 21-4705 and amendments thereto, a sum not exceeding $500,000.
in K.S.A. 21-4704 and amendments thereto or in severity levels 2 or 3 of the drug grid as
in K.S.A. 21-4704 and amendments thereto or in severity level 4 of the drug grid as
(b) A person who has been convicted of a misdemeanor, in addition to or instead of the
imprisonment authorized by law, may be sentenced to pay a fine which shall be fixed by the
court as follows:
(1) For a class A misdemeanor, a sum not exceeding $2,500.
(2) For a class B misdemeanor, a sum not exceeding $1,000.
(3) For a class C misdemeanor, a sum not exceeding $500.
(4) For an unclassified misdemeanor, any sum authorized by the statute that defines the
crime. If no penalty is provided in such law, the fine shall not exceed the fine provided
herein for a class C misdemeanor.
(c) As an alternative to any of the above fines, the fine imposed may be fixed at any greater sum
not exceeding double the pecuniary gain derived from the crime by the offender.
(d) A person who has been convicted of a traffic infraction may be sentenced to pay a fine which
shall be fixed by the court, not exceeding $500.
(e) A person who has been convicted of a cigarette or tobacco infraction shall be sentenced to
pay a fine of $25.
(f) The provisions of this section shall apply to crimes committed on or after July 1, 1993.
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KAN. STAT. ANN. § 47-646 (2009). Killing dog lawful, when.
It shall be lawful for any person at any time to kill any dog which may be found injuring or
attempting to injure any livestock as defined in KAN. STAT. ANN. § 47-1001, and amendments
thereto.
KAN. STAT. ANN. § 47-839 (2009). Confidentiality; exceptions; waiver
(a) Except as otherwise provided under K.S.A. 47-622 and 47-624, and amendments thereto, a
licensed veterinarian shall not disclose any information concerning the veterinarian's care of an
animal except on written authorization or other waiver by the veterinarian's client or on
appropriate court order or subpoena. Any veterinarian who releases information under written
authorization or other waiver by the client or under court order or subpoena shall not be liable to
the client or any other person. The privilege provided by this section shall be waived under the
following circumstances: (1) Reporting cruel or inhumane treatment of any animal to federal,
state or local governmental agencies; (2) where information is necessary to provide care in an
emergency where the absence of immediate medical attention could reasonably be expected to
place the animal's health in serious jeopardy or impair bodily function; (3) where the failure to
disclose vaccination information may endanger the public's health, safety or welfare; (4) where
the veterinarian's client or the owner of the animal places the veterinarian's care and treatment of
the animal or the nature and extent of injuries to the animal at issue in any civil or criminal
proceeding; or (5) in relation to any investigation by the board and any subsequent
administrative disciplinary action brought by the board.
KAN. STAT. ANN. § 60-4104 (2009). Covered offenses and conduct giving rise to forfeiture
Conduct and offenses giving rise to forfeiture under this act, whether or not there is a
prosecution or conviction related to the offense, are:
(a) All offenses which statutorily and specifically authorize forfeiture;
(b) Violations of sections 1 through 17 of 2009 House Bill, and amendments thereto;
(c) Theft which is classified as a felony violation pursuant to K.S.A. 21-3701, and amendments
thereto, in which the property taken was livestock;
(d) Unlawful discharge of a firearm, K.S.A. 21-4219, and amendments thereto;
(e) Violations of Section 16 of 2009 House Bill No. 2236, and amendments thereto;
(f) Gambling, K.S.A. 21-4303, and amendments thereto, and commercial gambling, K.S.A. 21-
4304, and amendments thereto;
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(g) Counterfeiting, K.S.A. 21-3763, and amendments thereto;
(h) Violations of K.S.A. 21-4019, and amendments thereto;
(i) Medicaid fraud, K.S.A. 21-3844 et seq., and amendments thereto;
(j) An act or omission occurring outside this state, which would be a violation in the place of
occurrence and would be described in this section if the act occurred in this state, whether or not
it is prosecuted in any state;
(k) An act or omission committed in furtherance of any act or omission described in this section
including any inchoate or preparatory offense, whether or not there is a prosecution or conviction
related to the act or omission;
(l) Any solicitation or conspiracy to commit any act or omission described in this section,
whether or not there is a prosecution or conviction related to the act or omission;
(m) Furtherance of terrorism or illegal use of weapons of mass destruction, K.S.A. 21-3451, and
amendments thereto;
(n) Unlawful conduct of dog fighting and unlawful possession of dog fighting paraphernalia,
K.S.A. 21-4315, and amendments thereto;
(o) Unlawful conduct of cockfighting and unlawful possession of cockfighting paraphernalia,

K.S.A. 21-4319, and amendments thereto; and
(p) Prostitution, K.S.A. 21-3512, and amendments thereto, promoting prostitution, K.S.A. 21-
3513, and amendments thereto, and patronizing a prostitute, K.S.A. 21-3515, and amendments
thereto.
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ANIMAL PROTECTION LAWS OF KENTUCKY
ANIMAL PROTECTION LAWS OF KENTUCKY
2. PENALTIES
3. EXEMPTIONS
12. SEXUAL ASSAULT
13. FIGHTING
This chapter contains Kentucky’s general animal protection and related statutes enacted prior to November 2009. It
Kentucky may employ similar provisions within other non-animal-specific criminal and civil statutes; may have other

USA Map
KENTUCKY

Cruelty to animals
KY. REV. STAT. ANN. § 525.130
(2)
Torture of dog or cat
Animals Covered in Definition A[E]very warm-blooded living creature except

a human being@

Class A misdemeanor
(2)
[1st offense]:
Class A misdemeanor
[1st offense if serious physical injury or death

& all subsequent offenses]:
Class D felony
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KENTUCKY continued

1 year imprisonment
KY. REV. STAT. ANN. § 532.090(1)
and/or
$500 fine
KY. REV. STAT. ANN. § 534.040(2)(a)
(2)
[1st offense]:
1 year imprisonment
KY. REV. STAT. ANN. § 532.090(1)
and/or
$500 fine
KY. REV. STAT. ANN. § 534.040(2)(a)
[1st offense if serious physical injury or death

& all subsequent offenses]:
KY. REV. STAT. ANN. § 532.060(2)(d)
and
$10,000 fine
KY. REV. STAT. ANN. § 534.030(1)
3. EXEMPTIONS *** 1, 2, 3, 4, 5, 6, 8, 9
KY. REV. STAT. ANN. §§ 525.130(2),(3)
KY. REV. STAT. ANN. §§ 525.135(4),(5)
6. RESTITUTION / REIMBURSEMENT -----

H
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KENTUCKY continued
7. SEIZURE / ON-SITE SUPERVISION Dog wardens, peace officers and humane

officers shall be issued search warrants for
reasonable cause
8. FORFEITURE / POSSESSIONH -----
10. VETERINARIAN REPORTING / IMMUNITY Veterinarians are prohibited from the

voluntary reporting of suspected animal
cruelty or fighting without a court order,
subpoena or client waiver
11. LAW ENFORCEMENT POLICIES Qualified dog wardens and officers and
agents of humane societies shall have the
powers of peace officers (except for the
power of arrest), and may be issued search
warrants
13. FIGHTING All animals used for fighting shall be

confiscated
Various animal fighting activities with four-
legged animals are Class D felonies
Various non-four-legged animal fighting
activities are Class A misdemeanors
Being a spectator or vendor at an animal fight
with four-legged animals is a Class A
misdemeanor
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KY. REV. STAT. ANN. § 446.010 (2009). Definitions for statutes generally
As used in the statute laws of this state, unless the context requires otherwise:
(1) "Action" includes all proceedings in any court of this state;
(2) "Animal" includes every warm-blooded living creature except a human being;
(3) "Attorney" means attorney-at-law;
(4) "Bequeath" and "devise" mean the same thing;
(5) "Bequest" and "legacy" mean the same thing, and embrace either real or personal estate, or
both;
(6) "Cattle" includes horse, mule, ass, cow, ox, sheep, hog, or goat of any age or sex;
(7) "Company" may extend and be applied to any corporation, company, person, partnership,
joint stock company, or association;
(8) "Corporation" may extend and be applied to any corporation, company, partnership, joint
stock company, or association;
(9) "Cruelty" as applied to animals includes every act or omission whereby unjustifiable
physical pain, suffering, or death is caused or permitted;
(10) "Directors," when applied to corporations, includes managers or trustees;
(11) "Domestic," when applied to corporations, partnerships, limited partnerships, or limited

liability companies, means all those incorporated or formed by authority of this state;
(12) "Domestic animal" means any animal converted to domestic habitat;
(13) "Federal" refers to the United States;
(14) "Foreign," when applied to corporations, partnerships, limited partnerships, or limited

liability companies, includes all those incorporated or formed by authority of any other state;
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(15) "Generally accepted accounting principles" are those uniform minimum standards of and
guidelines to financial accounting and reporting as adopted by the National Council on
Governmental Accounting, under the auspices of the Municipal Finance Officers Association
and by the Financial Accounting Standards Board, under the auspices of the American Institute
of Certified Public Accountants;
(16) "Humane society," "society," or "Society for the Prevention of Cruelty to Animals," means
any nonprofit corporation, organized under the laws of this state and having as its primary
purpose the prevention of cruelty to animals;
(17) "Issue," as applied to the descent of real estate, includes all the lawful lineal descendants of
the ancestors;
(18) "Land" or "real estate" includes lands, tenements, and hereditaments and all rights thereto
and interest therein, other than a chattel interest;
(19) "Legatee" and "devisee" convey the same idea;
(20) "May" is permissive;
(21) "Month" means calendar month;
(22) "Oath" includes "affirmation" in all cases in which an affirmation may be substituted for an
oath;
(23) "Owner" when applied to any animal, means any person having a property interest in such
animal;
(24) "Partnership" includes both general and limited partnerships;
(25) "Peace officer" includes sheriffs, constables, coroners, jailers, metropolitan and urban-
county government correctional officers, marshals, policemen, and other persons with similar
authority to make arrests;
(26) "Penitentiary" includes all of the state penal institutions except the houses of reform;
(27) "Person" may extend and be applied to bodies-politic and corporate, societies,
communities, the public generally, individuals, partnerships, registered limited liability
partnerships, joint stock companies, and limited liability companies;
(28) "Personal estate" includes chattels, real and other estate that passes to the personal
representative upon the owner dying intestate;
(29) "Regular election" means the election in even-numbered years at which members of
Congress are elected and the election in odd-numbered years at which state officers are elected;
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(30) "Shall" is mandatory;
(31) "State" when applied to a part of the United States, includes territories, outlying
possessions, and the District of Columbia; "any other state" includes any state, territory, outlying
possession, the District of Columbia, and any foreign government or country;
(32) "State funds" or "public funds" means sums actually received in cash or negotiable
instruments from all sources unless otherwise described by any state agency, state-owned
corporation, university, department, cabinet, fiduciary for the benefit of any form of state
organization, authority, board, bureau, interstate compact, commission, committee, conference,
council, office, or any other form of organization whether or not the money has ever been paid
into the Treasury and whether or not the money is still in the Treasury if the money is controlled
by any form of state organization, except for those funds the management of which is to be
reported to the Legislative Research Commission pursuant to KRS 42.600, 42.605, and 42.615;
(33) "Sworn" includes "affirmed" in all cases in which an affirmation may be substituted for an
oath;
(34) "United States" includes territories, outlying possessions, and the District of Columbia;
(35) "Vacancy in office," or any equivalent phrase, means such as exists when there is an
unexpired part of a term of office without a lawful incumbent therein, or when the person elected
or appointed to an office fails to qualify according to law, or when there has been no election to
fill the office at the time appointed by law; it applies whether the vacancy is occasioned by
death, resignation, removal from the state, county or district, or otherwise;
(36) "Violate" includes failure to comply with;
(37) "Will" includes codicils; "last will" means last will and testament;
(38) "Year" means calendar year;
(39) "City" includes town;
(40) Appropriation-related terms are defined as follows:
(a) "Appropriation" means an authorization by the General Assembly to expend, from

public funds, a sum of money not in excess of the sum specified, for the purposes
specified in the authorization and under the procedure prescribed in KRS Chapter 48;
(b) "Appropriation provision" means a section of any enactment by the General

Assembly which is not provided for by KRS Chapter 48 and which authorizes the
expenditure of public funds other than by a general appropriation bill;
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(c) "General appropriation bill" means an enactment by the General Assembly that
authorizes the expenditure of public funds in an executive, judicial, or legislative branch
budget bill as provided for in KRS Chapter 48;
(41) "Mediation" means a nonadversarial process in which a neutral third party encourages and
helps disputing parties reach a mutually acceptable agreement. Recommendations by mediators
are not binding on the parties unless the parties enter into a settlement agreement incorporating
the recommendations; and
(42) "Biennium" means the two (2) year period commencing on July 1 in each even-numbered
year and ending on June 30 in the ensuing even-numbered year.
KY. REV. STAT. ANN. § 525.130 (2009). 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;
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(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 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 (2009). 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;
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(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.
Department of Fish and Wildlife Resources shall not constitute a violation of this section.
(6) The acts specified in this section shall not constitute cruelty to animals under KRS 525.125
or 525.130.
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2. PENALTIES
KY. REV. STAT. ANN. § 532.060 (2009). Sentence of imprisonment for felony
(1) A sentence of imprisonment for a felony shall be an indeterminate sentence, the maximum of
which shall be fixed within the limits provided by subsection (2), and subject to modification by
the trial judge pursuant to KRS 532.070.
(2) The authorized maximum terms of imprisonment for felonies are:
(a) For a Class A felony, not less than twenty (20) years nor more than fifty (50) years, or
life imprisonment;
(b) For a Class B felony, not less than ten (10) years nor more than twenty (20) years;
(c) For a Class C felony, not less than five (5) years nor more than ten (10) years; and
(d) For a Class D felony, not less than one (1) year nor more than five (5) years.
(3) For any felony specified in KRS Chapter 510, KRS 530.020, 530.064(1)(a), or 531.310, the
sentence shall include an additional five (5) year period of conditional discharge which shall be
added to the maximum sentence rendered for the offense. During this period of conditional
discharge, if a defendant violates the provisions of conditional discharge, the defendant may be
reincarcerated for:
(a) The remaining period of his initial sentence, if any is remaining; and
(b) The entire period of conditional discharge, or if the initial sentence has been served,
for the remaining period of conditional discharge.
(4) The actual time of release within the maximum established by subsection (1), or as modified
pursuant to KRS 532.070, shall be determined under procedures established elsewhere by law.
KY. REV. STAT. ANN. § 532.090 (2009). Sentence of Imprisonment for Misdemeanor.
A sentence of imprisonment for a misdemeanor shall be a definite term and shall be fixed within
the following maximum limitations:
(1) For a Class A misdemeanor, the term shall not exceed twelve (12) months; and
(2) For a Class B misdemeanor, the term shall not exceed ninety (90) days.
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KY. REV. STAT. ANN. § 534.030 (2009). Fines for felonies
(1) Except as otherwise provided for an offense defined outside this code, a person who has been
convicted of any felony shall, in addition to any other punishment imposed upon him, be
sentenced to pay a fine in an amount not less than one thousand dollars ($1,000) and not greater
than ten thousand dollars ($10,000) or double his gain from commission of the offense,
whichever is the greater.
(2) In determining the amount and method of paying a fine for commission of a felony, the court
shall consider, among others, the following factors:
(a) The defendant’s ability to pay the amount of the fine;
(b) The hardship likely to be imposed on the defendant's dependents by the amount of the
fine and the time and method of paying it;
(c) The impact the amount of the fine will have on the defendant's ability to make
reparation or restitution to the victim; and
(d) The amount of the defendant's gain, if any, derived from the commission of the
offense.
(3) When a defendant is convicted of two (2) or more felonies committed through a single act
and is sentenced to fines pursuant to subsection (1), the aggregate amount of the fines shall not
exceed ten thousand dollars ($10,000) or double the amount of the defendant's gain from
commission of the offenses, whichever is the greater.
(4) Fines required by this section shall not be imposed upon any person determined by the court
to be indigent pursuant to KRS Chapter 31.
(5) This section shall not apply to a corporation.
KY. REV. STAT. ANN. § 534.040 (2009). Fines for Misdemeanors and Violations.
(1) Fines and imprisonment for misdemeanors shall not be mutually exclusive. In any case where
imprisonment is authorized, a fine may be levied in addition to the imprisonment, or a fine may
be levied as an alternative to imprisonment. Similarly, a fine may be levied in lieu of
imprisonment. Whether the fine is to be levied as the sole penalty or as an additional or
alternative penalty shall be in the discretion of the judge or jury as the case may be. If the trial is
by jury, the jury shall have the discretion. This rule shall apply in all cases where a fine is not
the exclusive penalty authorized by law.
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convicted of any offense other than a felony shall be sentenced, in addition to any other
punishment imposed upon him, to pay a fine in an amount not to exceed:
(a) For a Class A misdemeanor, five hundred dollars ($500); or
(b) For a Class B misdemeanor, two hundred fifty dollars ($250); or
(c) For a violation, two hundred fifty dollars ($250).
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3. EXEMPTIONS

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,
(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;
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(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 license or by
the Department of Fish and Wildlife shall not constitute a violation of this section.
torture.
participate;
animal research;

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(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 violation of this section.
or 525.130.
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KY. REV. STAT. ANN. § 436.605 (2009). Animal control officers and humane agents have
powers of peace officers except power of arrest; search warrants; execution of search
warrants; arrest by peace officer
(1) Animal control officers and officers and agents of humane societies who are employed by,
appointed by, or have contracted with a city, county, urban-county, charter county, or
consolidated local government to provide animal sheltering or animal control services shall have
the powers of peace officers, except for the power of arrest, for the purpose of enforcing the
provisions of the Kentucky Revised Statutes relating to cruelty, mistreatment, or torture of
animals, provided they possess the qualifications required under KRS 61.300.
(2) When any peace officer, animal control officer, or any officer or agent of any society or
association for the prevention of cruelty to animals duly incorporated under the laws of this
Commonwealth who is employed by, appointed by, or has contracted with a city, county, urban-
county, charter county, or consolidated local government to provide animal sheltering or animal
control services makes an oath before any judge of a District Court that he has reasons to
believe or does believe that an act of cruelty, mistreatment, or torture of animals is being
committed in a building, barn, or other enclosure, the judge shall issue a search warrant
directed to the peace officer, animal control officer, or officer or agent of the society or
association for the prevention of cruelty to animals to search the premises. If a peace officer
finds that an act of cruelty, mistreatment, or torture of animals is being perpetrated, the offender
or offenders shall be immediately arrested by the peace officer and brought before the court for
trial. If an animal control officer or an officer or agent of a society or association for the
prevention of cruelty to animals finds that an act of cruelty, mistreatment, or torture of animals is
being perpetrated, the officer or agent shall summon a peace officer to arrest the offender or
offenders and bring them before the court for trial.
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KY. REV. STAT. ANN. § 321.185 (2009). Veterinarian-client-patient relationship.
(1) In order for a veterinarian to practice veterinary medicine, a relationship among the
veterinarian, the client, and the patient shall be established and maintained. "Veterinarian-client-
patient relationship" means that:
(a) The veterinarian has assumed the responsibility for making judgments regarding the
health of the animal and the need for veterinary treatment, and the client, whether owner
or other caretaker, has agreed to follow the instructions of the veterinarian;
(b) There is sufficient knowledge of the animal by the veterinarian to initiate at least a
general or preliminary diagnosis of the medical condition of the animal. This means that
the veterinarian has recently seen and is personally acquainted with the keeping and care
of the animal by virtue of an examination of the animal or by medically appropriate and
timely visits to the premises where the animal is kept; and
(c) The practicing veterinarian is readily available or shall provide medical service for
follow-up in case of adverse reactions or failure of the regimen of therapy. A new
regimen of therapy shall be contingent only upon cooperation of the client and
availability of the subject animal.
(2) The veterinarian shall maintain records which document patient visits, diagnosis, treatment,
and other relevant information.
(3)
(a) A veterinarian shall not violate the confidential relationship between the veterinarian
and the veterinarian's client.
(b) A veterinarian shall not release information concerning a client or care of a client's
animal, except on the veterinarian's receipt of:
1. A written authorization or other form of waiver executed by the client; or
2. An appropriate court order or subpoena.
(c) A veterinarian who releases information as required under paragraph (b) of this
subsection shall not be liable to any person, including the client, for an action resulting
from the disclosure.
(d) The privilege provided by this subsection is waived by the client or the owner of an
animal treated by the veterinarian to the extent the client or owner places at issue in a
civil or criminal proceeding:
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1. The nature and extent of the animal's injuries; or
2. The care and treatment of the animal provided by the veterinarian.
(e) This subsection shall not apply to:
1. An inspection or investigation conducted by the board or an agent of the board;

or
2. The veterinary reporting requirements and regulatory authority of the Kentucky

Horse Racing Commission to inspect, investigate, and supervise horses and other
participants in horse racing as provided by KRS Chapter 230 and the
administrative regulations promulgated under KRS Chapter 230, or any other law
applicable to the regulation of horse racing in the Commonwealth.
(4) Veterinarians providing copies of records under this section may charge no more than the
actual cost of copying, including reasonable staff time.
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consolidated local government to provide animal sheltering or animal control services shall
have the powers of peace officers, except for the power of arrest, for the purpose of enforcing the
control services makes an oath before any judge of a District Court that he has reasons to believe
or does believe that an act of cruelty, mistreatment, or torture of animals is being committed in a
building, barn, or other enclosure, the judge shall issue a search warrant directed to the peace
officer, animal control officer, or officer or agent of the society or association for the prevention
of cruelty to animals to search the premises. If a peace officer finds that an act of cruelty,
mistreatment, or torture of animals is being perpetrated, the offender or offenders shall be
immediately arrested by the peace officer and brought before the court for trial. If an animal
control officer or an officer or agent of a society or association for the prevention of cruelty to
animals finds that an act of cruelty, mistreatment, or torture of animals is being perpetrated, the
officer or agent shall summon a peace officer to arrest the offender or offenders and bring them
before the court for trial.
12. SEXUAL ASSAULT
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13. FIGHTING
KY. REV. STAT. ANN. § 436.610 (2009). Confiscation of animals on premises where
violations of KRS 525.125 and 525.130 occur
All animals of the same species, which are on the property when an animal is caused to fight for
pleasure or profit, in violation of the provisions of KRS 525.125 and 525.130, shall be
confiscated and turned over to the county animal control officer employed, appointed, or
contracted with as provided by KRS 258.195, if there are reasonable grounds to believe that the
animals were on the property for the purpose of fighting.
KY. REV. STAT. ANN. § 525.125 (2009). 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.

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,

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shows;
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KY. REV. STAT. ANN. § 321.185 (2009). Veterinarian-client-patient relationship.
(1) In order for a veterinarian to practice veterinary medicine, a relationship among the
veterinarian, the client, and the patient shall be established and maintained. "Veterinarian-client-
patient relationship" means that:
(a) The veterinarian has assumed the responsibility for making judgments regarding the
health of the animal and the need for veterinary treatment, and the client, whether owner
or other caretaker, has agreed to follow the instructions of the veterinarian;
(b) There is sufficient knowledge of the animal by the veterinarian to initiate at least a
general or preliminary diagnosis of the medical condition of the animal. This means that
the veterinarian has recently seen and is personally acquainted with the keeping and care
of the animal by virtue of an examination of the animal or by medically appropriate and
timely visits to the premises where the animal is kept; and
(c) The practicing veterinarian is readily available or shall provide medical service for
follow-up in case of adverse reactions or failure of the regimen of therapy. A new
regimen of therapy shall be contingent only upon cooperation of the client and
availability of the subject animal.
(2) The veterinarian shall maintain records which document patient visits, diagnosis, treatment,
and other relevant information.
(3)
(a) A veterinarian shall not violate the confidential relationship between the veterinarian
and the veterinarian's client.
(b) A veterinarian shall not release information concerning a client or care of a client's
animal, except on the veterinarian's receipt of:
1. A written authorization or other form of waiver executed by the client; or
2. An appropriate court order or subpoena.
(c) A veterinarian who releases information as required under paragraph (b) of this
subsection shall not be liable to any person, including the client, for an action resulting
from the disclosure.
(d) The privilege provided by this subsection is waived by the client or the owner of an
animal treated by the veterinarian to the extent the client or owner places at issue in a
civil or criminal proceeding:
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1. The nature and extent of the animal's injuries; or
2. The care and treatment of the animal provided by the veterinarian.
(e) This subsection shall not apply to:
1. An inspection or investigation conducted by the board or an agent of the board;

or
2. The veterinary reporting requirements and regulatory authority of the Kentucky

Horse Racing Commission to inspect, investigate, and supervise horses and other
participants in horse racing as provided by KRS Chapter 230 and the
administrative regulations promulgated under KRS Chapter 230, or any other law
applicable to the regulation of horse racing in the Commonwealth.
(4) Veterinarians providing copies of records under this section may charge no more than the
actual cost of copying, including reasonable staff time.
consolidated local government to provide animal sheltering or animal control services shall have
the powers of peace officers, except for the power of arrest, for the purpose of enforcing the
control services makes an oath before any judge of a District Court that he has reasons to believe
or does believe that an act of cruelty, mistreatment, or torture of animals is being committed in a
building, barn, or other enclosure, the judge shall issue a search warrant directed to the peace
officer, animal control officer, or officer or agent of the society or association for the prevention
of cruelty to animals to search the premises. If a peace officer finds that an act of cruelty,
mistreatment, or torture of animals is being perpetrated, the offender or offenders shall be
immediately arrested by the peace officer and brought before the court for trial. If an animal
control officer or an officer or agent of a society or association for the prevention of cruelty to
animals finds that an act of cruelty, mistreatment, or torture of animals is being perpetrated, the
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officer or agent shall summon a peace officer to arrest the offender or offenders and bring them
before the court for trial.
KY. REV. STAT. ANN. § 436.610 (2009). Confiscation of animals on premises where
violations of KRS 525.125 and 525.130 occur
All animals of the same species, which are on the property when an animal is caused to fight for
pleasure or profit, in violation of the provisions of KRS 525.125 and 525.130, shall be
confiscated and turned over to the county animal control officer employed, appointed, or
contracted with as provided by KRS 258.195, if there are reasonable grounds to believe that the
animals were on the property for the purpose of fighting.
KY. REV. STAT. ANN. § 446.010 (2009). Definitions for statutes generally
As used in the statute laws of this state, unless the context requires otherwise:
(1) "Action" includes all proceedings in any court of this state;
(2) "Animal" includes every warm-blooded living creature except a human being;
(3) "Attorney" means attorney-at-law;
(4) "Bequeath" and "devise" mean the same thing;
(5) "Bequest" and "legacy" mean the same thing, and embrace either real or personal estate, or
both;
(6) "Cattle" includes horse, mule, ass, cow, ox, sheep, hog, or goat of any age or sex;
(7) "Company" may extend and be applied to any corporation, company, person, partnership,
joint stock company, or association;
(8) "Corporation" may extend and be applied to any corporation, company, partnership, joint
stock company, or association;
(9) "Cruelty" as applied to animals includes every act or omission whereby unjustifiable physical
pain, suffering, or death is caused or permitted;
(10) "Directors," when applied to corporations, includes managers or trustees;
(11) "Domestic," when applied to corporations, partnerships, limited partnerships, or limited

liability companies, means all those incorporated or formed by authority of this state;
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(12) "Domestic animal" means any animal converted to domestic habitat;
(13) "Federal" refers to the United States;
(14) "Foreign," when applied to corporations, partnerships, limited partnerships, or limited

liability companies, includes all those incorporated or formed by authority of any other state;
(15) "Generally accepted accounting principles" are those uniform minimum standards of and
guidelines to financial accounting and reporting as adopted by the National Council on
Governmental Accounting, under the auspices of the Municipal Finance Officers Association
and by the Financial Accounting Standards Board, under the auspices of the American Institute
of Certified Public Accountants;
(16) "Humane society," "society," or "Society for the Prevention of Cruelty to Animals," means
any nonprofit corporation, organized under the laws of this state and having as its primary
purpose the prevention of cruelty to animals;
(17) "Issue," as applied to the descent of real estate, includes all the lawful lineal descendants of
the ancestors;
(18) "Land" or "real estate" includes lands, tenements, and hereditaments and all rights thereto
and interest therein, other than a chattel interest;
(19) "Legatee" and "devisee" convey the same idea;
(20) "May" is permissive;
(21) "Month" means calendar month;
(22) "Oath" includes "affirmation" in all cases in which an affirmation may be substituted for an
oath;
(23) "Owner" when applied to any animal, means any person having a property interest in such
animal;
(24) "Partnership" includes both general and limited partnerships;
(25) "Peace officer" includes sheriffs, constables, coroners, jailers, metropolitan and urban-
county government correctional officers, marshals, policemen, and other persons with similar
authority to make arrests;
(26) "Penitentiary" includes all of the state penal institutions except the houses of reform;
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(27) "Person" may extend and be applied to bodies-politic and corporate, societies, communities,
the public generally, individuals, partnerships, registered limited liability partnerships, joint
stock companies, and limited liability companies;
(28) "Personal estate" includes chattels, real and other estate that passes to the personal
representative upon the owner dying intestate;
(29) "Regular election" means the election in even-numbered years at which members of
Congress are elected and the election in odd-numbered years at which state officers are elected;
(30) "Shall" is mandatory;
(31) "State" when applied to a part of the United States, includes territories, outlying
possessions, and the District of Columbia; "any other state" includes any state, territory, outlying
possession, the District of Columbia, and any foreign government or country;
(32) "State funds" or "public funds" means sums actually received in cash or negotiable
instruments from all sources unless otherwise described by any state agency, state-owned
corporation, university, department, cabinet, fiduciary for the benefit of any form of state
organization, authority, board, bureau, interstate compact, commission, committee, conference,
council, office, or any other form of organization whether or not the money has ever been paid
into the Treasury and whether or not the money is still in the Treasury if the money is controlled
by any form of state organization, except for those funds the management of which is to be
reported to the Legislative Research Commission pursuant to KRS 42.600, 42.605, and 42.615;
(33) "Sworn" includes "affirmed" in all cases in which an affirmation may be substituted for an
oath;
(34) "United States" includes territories, outlying possessions, and the District of Columbia;
(35) "Vacancy in office," or any equivalent phrase, means such as exists when there is an
unexpired part of a term of office without a lawful incumbent therein, or when the person elected
or appointed to an office fails to qualify according to law, or when there has been no election to
fill the office at the time appointed by law; it applies whether the vacancy is occasioned by
death, resignation, removal from the state, county or district, or otherwise;
(36) "Violate" includes failure to comply with;
(37) "Will" includes codicils; "last will" means last will and testament;
(38) "Year" means calendar year;
(39) "City" includes town;
(40) Appropriation-related terms are defined as follows:

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(a) "Appropriation" means an authorization by the General Assembly to expend, from
public funds, a sum of money not in excess of the sum specified, for the purposes
specified in the authorization and under the procedure prescribed in KRS Chapter 48;
(b) "Appropriation provision" means a section of any enactment by the General

Assembly which is not provided for by KRS Chapter 48 and which authorizes the
expenditure of public funds other than by a general appropriation bill;
(c) "General appropriation bill" means an enactment by the General Assembly that
authorizes the expenditure of public funds in an executive, judicial, or legislative branch
budget bill as provided for in KRS Chapter 48;
(41) "Mediation" means a nonadversarial process in which a neutral third party encourages and
helps disputing parties reach a mutually acceptable agreement. Recommendations by mediators
are not binding on the parties unless the parties enter into a settlement agreement incorporating
the recommendations; and
(42) "Biennium" means the two (2) year period commencing on July 1 in each even-numbered
year and ending on June 30 in the ensuing even-numbered year.
KY. REV. STAT. ANN. § 525.125 (2009). 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.
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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,
shows;
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torture.
participate;
animal research;

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Department of Fish and Wildlife Resources shall not constitute a violation of this section.
or 525.130.
KY. REV. STAT. ANN. § 532.060 (2009). Sentence of imprisonment for felony
(1) A sentence of imprisonment for a felony shall be an indeterminate sentence, the maximum of
which shall be fixed within the limits provided by subsection (2), and subject to modification by
the trial judge pursuant to KRS 532.070.
(2) The authorized maximum terms of imprisonment for felonies are:
(a) For a Class A felony, not less than twenty (20) years nor more than fifty (50) years, or
life imprisonment;
(b) For a Class B felony, not less than ten (10) years nor more than twenty (20) years;
(c) For a Class C felony, not less than five (5) years nor more than ten (10) years; and
(d) For a Class D felony, not less than one (1) year nor more than five (5) years.
(3) For any felony specified in KRS Chapter 510, KRS 530.020, 530.064(1)(a), or 531.310, the
sentence shall include an additional five (5) year period of conditional discharge which shall be
added to the maximum sentence rendered for the offense. During this period of conditional
discharge, if a defendant violates the provisions of conditional discharge, the defendant may be
reincarcerated for:
(a) The remaining period of his initial sentence, if any is remaining; and
(b) The entire period of conditional discharge, or if the initial sentence has been served,
for the remaining period of conditional discharge.
(4) The actual time of release within the maximum established by subsection (1), or as modified
pursuant to KRS 532.070, shall be determined under procedures established elsewhere by law.
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KY. REV. STAT. ANN. § 532.090 (2009). Sentence of Imprisonment for Misdemeanor.
A sentence of imprisonment for a misdemeanor shall be a definite term and shall be fixed within
the following maximum limitations:
(1) For a Class A misdemeanor, the term shall not exceed twelve (12) months; and
(2) For a Class B misdemeanor, the term shall not exceed ninety (90) days.
KY. REV. STAT. ANN. § 534.030 (2009). Fines for felonies
convicted of any felony shall, in addition to any other punishment imposed upon him, be
sentenced to pay a fine in an amount not less than one thousand dollars ($1,000) and not greater
than ten thousand dollars ($10,000) or double his gain from commission of the offense,
whichever is the greater.
(2) In determining the amount and method of paying a fine for commission of a felony, the court
shall consider, among others, the following factors:
(a) The defendant's ability to pay the amount of the fine;
(b) The hardship likely to be imposed on the defendant's dependents by the amount of the
fine and the time and method of paying it;
(c) The impact the amount of the fine will have on the defendant's ability to make
reparation or restitution to the victim; and
(d) The amount of the defendant's gain, if any, derived from the commission of the
offense.
(3) When a defendant is convicted of two (2) or more felonies committed through a single act
and is sentenced to fines pursuant to subsection (1), the aggregate amount of the fines shall not
exceed ten thousand dollars ($10,000) or double the amount of the defendant's gain from
commission of the offenses, whichever is the greater.
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KY. REV. STAT. ANN. § 534.040 (2009). Fines for Misdemeanors and Violations.
(1) Fines and imprisonment for misdemeanors shall not be mutually exclusive. In any case where
imprisonment is authorized, a fine may be levied in addition to the imprisonment, or a fine may
be levied as an alternative to imprisonment. Similarly, a fine may be levied in lieu of
imprisonment. Whether the fine is to be levied as the sole penalty or as an additional or
alternative penalty shall be in the discretion of the judge or jury as the case may be. If the trial is
by jury, the jury shall have the discretion. This rule shall apply in all cases where a fine is not the
exclusive penalty authorized by law.
convicted of any offense other than a felony shall be sentenced, in addition to any other
punishment imposed upon him, to pay a fine in an amount not to exceed:
(a) For a Class A misdemeanor, five hundred dollars ($500); or
(b) For a Class B misdemeanor, two hundred fifty dollars ($250); or
(c) For a violation, two hundred fifty dollars ($250).
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ANIMAL PROTECTION LAWS OF LOUISIANA
ANIMAL PROTECTION LAWS OF LOUISIANA
2. PENALTIES
3. EXEMPTIONS
12. SEXUAL ASSAULT
13. FIGHTING
This chapter contains Louisiana’s general animal protection and related statutes enacted prior to November2009. It
Louisiana may employ similar provisions within other non-animal-specific criminal and civil statutes; may have other

USA Map
LOUISIANA

Simple cruelty to animals
LA. REV. STAT. ANN. § 14:102.1(A)
(2)
LA. REV. STAT. ANN. § 14:102.1(B)
Animals Covered in Definition -----

[1st offense]:
Misdemeanor
Felony
(2)
Felony
(LA. REV. STAT. ANN. § 14:2 defines any

sentence containing Ahard labor@ as a >felony=,
and ‘misdemeanor= as any crime other than a
felony)
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LOUISIANA continued

[First offense]:
and/or
$1,000 fine
LA. REV. STAT. ANN. § 14:102.1.A.(2)(a)
and
40 hrs. community service
LA. REV. STAT. ANN. § 14:102.1.A.(2)(c)
10 years imprisonment (with or without hard
labor)
and/or
$25,000 fine
LA. REV. STAT. ANN. § 14:102.1.A.(2)(b)
and
40 hrs. community service
LA. REV. STAT. ANN. § 14:102.1.A.(2)(c)
(2)
10 years imprisonment (with or without hard
labor)
and/or
$25,000 fine
LA. REV. STAT. ANN. § 14:102.1.B.(6)
3. EXEMPTIONS *** 1, 2, 3, 4, 9
LA. REV. STAT. ANN. § 14:102.1.C
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LOUISIANA continued
4. COUNSELING / EVALUATIONS H On a first offense for simple cruelty to

animals, the court may order a psychological
evaluation or anger management treatment.
On any subsequent simply cruelty offenses,
the order is mandatory
LA. REV. STAT. ANN. § 14:102.1.A.(2)(d)
On any aggravated cruelty offense, the court

shall order the offender to undergo a
psychological evaluation and any
subsequently recommended psychological
treatment
LA. REV. STAT. ANN. § 14:102.1.B.(5)
5. PROTECTIVE ORDERS H LA. CH. C. ART. 1569

LA. REV. STAT. ANN. § 46:2135
6. RESTITUTION / REIMBURSEMENT Owner must post bond, to cover costs of care,

H
within 15 days of notice of seizure to avoid
forfeiture; court may order payment of
reasonable costs whether or not bond is
posted
LA. REV. STAT. ANN. §§ 14:102.2.C, D
7. SEIZURE / ON-SITE SUPERVISION Animals may be seized when person is

charged with cruelty to animals
LA. REV. STAT. ANN. § 14:102.2

cause and cruelly treated animals may be
seized
When an impounded or confined animal

continues without necessary food and water
for more than twenty-four consecutive hours,
any law enforcement officer may enter and
supply it with food and water.
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LOUISIANA continued
8. FORFEITURE / POSSESSION H Upon conviction for simple cruelty or

aggravated cruelty, the court the court shall
order the defendant not to own or keep
animals for a period of time deemed
appropriate by the court
LA. REV. STAT. ANN. §§ 14:102.1.A.(2)(b),
B.(5)
Upon conviction, or if bond is not posted, the

court may order animal forfeited. Seized
animals may be euthanized at any time for
humane purposes.
LA. REV. STAT. ANN. §§ 14:102.2.B,C, D, E
11. LAW ENFORCEMENT POLICIES Any authorized law enforcement agent may
make arrests for animal cruelty
12. SEXUAL ASSAULT The unnatural carnal copulation by a human

being with an animal is punishable by a fine
of not more than two thousand dollars, or
imprisonment, with or without hard labor, for
not more than five years, or both
LA. REV. STAT. ANN. § 14:89
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LOUISIANA continued
13. FIGHTING Various dogfighting activities, including

spectatorship, are felonies punishable by up
to ten years imprisonment and a $25,000 fine
The seizure and destruction or other

disposition of dog and equipment used in
dogfighting is authorized
Upon complaint, any magistrate may issue

search warrants if satisfied that there is a
reasonable cause to believe that a violation of
the dogfighting prohibition has been, is being,
or will be violated.
Bear wrestling is a misdemeanor

LA. REV. STAT. ANN. § 14:102.10
Hog and canine fighting is prohibited and a

violation is a misdemeanor
LA. REV. STAT. ANN. § 14:102.19
Various cockfighting activities (not including

spectatorship) are misdemeanors for the first
offense and felonies for any subsequent
offenses
LA. REV. STAT. ANN. § 14:102.23
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LA. REV. STAT. ANN. § 14:102 (2009). 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
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
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.
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(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 (2009). 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.
(h) Injures any animal belonging to another person.

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(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.
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(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.
(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 killed, or where more than one head of livestock is tampered
with, each act comprises a separate offense.
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.
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2. PENALTIES
A.

running at large.



animal.
Subsection.
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(2)
both.

suspended.
B.
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defendant.

standards.
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3. EXEMPTIONS
A.

running at large.



animal.
Subsection.
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(2)
both.

suspended.
B.
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defendant.

standards.
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A.

running at large.



animal.
Subsection.
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(2)
both.

suspended.
B.
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defendant.
mutilated, or maliciously killed1 or where more than one head of livestock is tampered

standards.
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LA. CH. C. ART. 1569 (2009). Temporary restraining order
A. Upon good cause shown in an ex parte proceeding, the court may enter a temporary
restraining order, without bond, as it deems necessary to protect from abuse the petitioner, any
children, or any person alleged to be an incompetent. Immediate and present danger of abuse
shall constitute good cause for purposes of this Article. The order may include but is not limited
to the following:
(1) Directing the defendant to refrain from abusing, harassing, or interfering with the
person or employment or going near the residence or place of employment of the
petitioner, the children, or any person alleged to be incompetent, on whose behalf a
petition was filed under this Chapter.
(2) Awarding to a party the use and possession of specified community property, such as
an automobile.
(3) Granting possession to the petitioner of the residence or household to the exclusion of
the defendant, by evicting the defendant or restoring possession to the petitioner when
either:
(a) The residence is jointly owned in equal proportion or leased by the defendant
and the petitioner or the person on whose behalf the petition is brought.
(b) The residence is solely owned by the petitioner or the person on whose behalf
the petition is brought.
(c) The residence is solely leased by defendant and defendant has a duty to
support the petitioner or the person on whose behalf the petition is brought.
(4) Prohibiting either party from the transferring, encumbering, or otherwise disposing of
property mutually owned or leased by the parties, except when in the ordinary course of
business, or for the necessary support of the party or the minor children.
(5) Awarding temporary custody of children or persons alleged to be incompetent.
(6) Awarding or restoring possession to the petitioner of all separate property and all
personal property, including but not limited to telephones or other communication
equipment, computer, medications, clothing, toiletries, social security cards, birth
certificates or other forms of identification, tools of the trade, checkbook, keys,
automobile, photographs, jewelry, or any other items or personal effects of the petitioner
and restraining the defendant from transferring, encumbering, concealing, or disposing of
the personal or separate property of the petitioner.
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(7) Granting to the petitioner the exclusive care, possession, or control of any pets
belonging to or under the care of the petitioner or minor children residing in the
residence or household of either party, and directing the defendant to refrain from
harassing, interfering with, abusing or injuring any pet, without legal justification,
known to be owned, possessed, leased, kept, or held by either party or a minor child
residing in the residence or household of either party.
B. If a temporary restraining order is granted without notice, the matter shall be set within fifteen
days for a rule to show cause why the protective order should not be issued, at which time the
petitioner must prove the allegations of abuse by a preponderance of the evidence. The defendant
shall be given notice of the temporary restraining order and the hearing on the rule to show cause
by service of process as required by law.
C. During the existence of the temporary restraining order, a party shall have the right to return
to the family residence once to recover his or her personal clothing and necessities, provided that
the party is accompanied by a law enforcement officer to insure the protection and safety of the
parties.
D. If no temporary restraining order has been granted, the court shall issue a rule to show cause
why the protective order should not be issued, and set the rule for hearing on the earliest day that
the business of the court will permit, but in any case within ten days from the date of service of
the petition, at which time the petitioner must prove the allegations of abuse by a preponderance
of the evidence. The defendant shall be given notice by service of process as required by law.
E. If the hearing pursuant to Article 1570(B) or (D) is continued, the court shall make or extend
such temporary restraining order as it deems necessary. Any continuance of a hearing ordered
pursuant to Article 1570(B) or (D) shall not exceed ten days.
F. The court may, in its discretion, grant an emergency temporary restraining order outside
regular court hours.
G. Repealed by Acts 1999, No. 1200, § 5, effective August 15, 1999.
H. Immediately upon rendering a decision granting the relief requested by the petitioner, the
judge shall cause to have prepared a Uniform Abuse Prevention Order, as provided in R.S.
46:2136.2(C), shall sign such order, and shall forward it to the clerk of court for filing, all
without delay.
I. If a temporary restraining order is issued or extended, the clerk of the issuing court shall
transmit the Uniform Abuse Prevention Order to the Louisiana Protective Order Registry, R.S.
46:2136.2(A), by facsimile transmission, mail, or direct electronic input, where available, as
expeditiously as possible, but no later than the end of the next business day after the order is
filed with the clerk of court.
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LA. REV. STAT. ANN. § 46:2135 (2009). Temporary restraining order
minor children, or any person alleged to be an incompetent. Any person who shows immediate
and present danger of abuse shall constitute good cause for purposes of this Subsection. The
order may include but is not limited to the following:
petitioner, the minor children, or any person alleged to be incompetent, on whose behalf
a petition was filed under this Part.
(2) Awarding to a party use and possession of specified jointly owned or leased property,
such as an automobile.
the defendant, by evicting the defendant or restoring possession to the petitioner where:
and the petitioner or the person on whose behalf the petition is brought;
the petition is brought; or
(5) Awarding temporary custody of minor children or persons alleged to be incompetent.
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belonging to or under the care of the petitioner or minor children residing in the
residence or household of either party, and directing the defendant to refrain from
harassing, interfering with, abusing or injuring any pet, without legal justification,
known to be owned, possessed, leased, kept, or held by either party or a minor child
residing in the residence or household of either party.
by service of process as required by law within twenty-four hours of the issuance of the order.
parties.
E. If the hearing pursuant to R.S. 46:2135(B) or (D) is continued, the court shall make or extend
such temporary restraining orders as it deems necessary. Any continuance of a hearing ordered
pursuant to R.S. 46:2135(B) or (D) shall not exceed ten days.
G. Immediately upon entering a temporary restraining order, the judge shall cause to have
prepared a Uniform Abuse Prevention Order, as provided in R.S. 46:2136.2(C), shall sign such
order, and shall forward it to the clerk of court for filing, all without delay.
H. The clerk of the issuing court shall transmit the Uniform Abuse Prevention Order to the
Louisiana Protective Order Registry, R.S. 46:2136.2(A), by facsimile transmission, mail, or
direct electronic input, where available, as expeditiously as possible, but no later than the end of
the next business day after the order is filed with the clerk of court.
I. The initial rule to show cause hearing required pursuant to Subsection B or D may be
conducted by a hearing officer who is qualified and selected in the same manner provided in R.S.
46:236.5(C). The hearing officer shall be subject to the applicable limitations and shall follow
the applicable procedures provided in R.S. 46:236.5(C). The hearing officer shall make
recommendations to the court as to the action that should be taken in the matter.
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LA. REV. STAT. ANN. § 14:102.2 (2009). Seizure and disposition of animals cruelly treated.
A. When a person is charged with cruelty to animals, said person=s animal may be seized by the
arresting officer and held pursuant to this section.
B. (1) The seizing officer shall notify the owner of the seized animal of the provisions of
this Section by posting written notice at the location where the animal was seized or by
leaving it with a person of suitable age and discretion residing at that location within
twenty-four hours of seizure
(2) The seizing officer shall photograph the animal within fifteen days after posting of the
notice of seizure and shall cause an affidavit to be prepared in order to document its
condition in accordance with LA. REV. STAT. 15:436.2.
(3) The seizing officer shall appoint a licensed veterinarian or other suitable custodian to
care for any such animal. The custodian shall retain custody of the animal in accordance
with this Section.
(4) The seized animal shall be held by the custodian provided for in Paragraph (3) for a
period of fifteen consecutive days including weekends and holidays, after such notice of
seizure is given. Thereafter, if a person who claims an interest in such animal has not
posted bond in accordance with Subsection C, the animal may be humanely disposed of
by sale, adoption, or euthanasia.
C. A person claiming an interest in any animal seized pursuant to this Section may prevent the
disposition of the animal as provided for in Subsection B by posting bond with the court within
fifteen days after receiving notice of such seizure in an amount sufficient to secure payment for
all reasonable costs incurred in the boarding and treatment for any seized animal for a thirty
day period commencing on the date of initial seizure. Such bond shall not prevent the
department, agency, humane society or other custodian of the animal from disposing of the
animal in accordance with Subsection B at the end of the thirty day period covered by bond,
unless the person claiming an interest posts an additional bond for such reasonable expenses for
an additional thirty day period. In addition, such bond shall not prevent disposition of the
animal for humane purposes at any time, in accordance with Subsection E of this section. The
amount of the bond shall be determined by the department, agency, humane society, or other
custodian of the animal as authorized by the court in accordance with the current rate for board
and on the condition of the animal after examination by a licensed veterinarian.
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D. Upon a person=s conviction of cruelty to animals, it shall be proper for the court, in its
discretion, to order the forfeiture and final determination of the custody of any animal found to
be cruelly treated in accordance with this Section and the forfeiture of the bond posted pursuant
to Subsection C as a part of the sentence. The court may, in its discretion, order the payment of
any reasonable or additional costs incurred in the boarding or veterinary treatment of any
seized animal prior to its disposition, whether or not a bond was posted by the defendant. In the
event of the acquittal or final discharge, without conviction of the accused, the court shall, on
demand, direct the delivery of any animal held in custody to the owner thereof and order the
return of any bond posted pursuant to Subsection C, less reasonable administrative costs.
E. Nothing in this Section shall prevent the euthanasia of any seized animal, at any time, whether
or not any bond was posted, if a licensed veterinarian determines that the animal is not likely to
survive and is suffering, as a result of any physical condition. In such instances, the court, in its
discretion, may order the return of any bond posted, less reasonable costs, at the time of trial.
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B. (1) The seizing officer shall notify the owner of the seized animal of the provisions of this
Section by posting written notice at the location where the animal was seized or by
with this Section.
all reasonable costs incurred in the boarding and treatment for any seized animal for a thirty day
period commencing on the date of initial seizure. Such bond shall not prevent the department,
agency, humane society or other custodian of the animal from disposing of the animal in
accordance with Subsection B at the end of the thirty day period covered by bond, unless the
person claiming an interest posts an additional bond for such reasonable expenses for an
additional thirty day period. In addition, such bond shall not prevent disposition of the animal for
humane purposes at any time, in accordance with Subsection E of this section. The amount of the
bond shall be determined by the department, agency, humane society, or other custodian of the
animal as authorized by the court in accordance with the current rate for board and on the
condition of the animal after examination by a licensed veterinarian.
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any reasonable or additional costs incurred in the boarding or veterinary treatment of any seized
animal prior to its disposition, whether or not a bond was posted by the defendant. In the event of
the acquittal or final discharge, without conviction of the accused, the court shall, on demand,
direct the delivery of any animal held in custody to the owner thereof and order the return of any
bond posted pursuant to Subsection C, less reasonable administrative costs.
LA. REV. STAT. ANN. § 14:102.3 (2009). Search warrant; animal cruelty offenses.
If the complaint is made, by affidavit, to any magistrate authorized to issue search warrants in
criminal cases, that the complainant has reason to believe that an animal has been or is being
cruelly treated in violation of R.S. 14:102.1, in any building or place, such magistrate, if
satisfied that there is reasonable cause for such belief, shall issue a search warrant to any law
enforcement officer authorized by law to make arrests for such offenses, authorizing any such
officer to make a search of said building or place, and to arrest any person found violating R.S.
14:102.1. Said warrant may also authorize said officer to seize any animal believed to be cruelly
treated and to take custody thereof. This section shall not be construed as a limitation on the
power of law enforcement officers to seize animals as evidence at the time of the arrest.
LA. REV. STAT. ANN. § 14:102.4 (2009). Confined animals; necessary food and water
When a living animal is impounded or confined, and continues without necessary food and water
for more than twenty-four consecutive hours, any law enforcement officer may, as often as is
necessary, enter any place in which the animal is impounded or confined and supply it with
necessary food and water so long as it shall remain impounded or confined.
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A.

running at large.



animal.
Subsection.
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(2)
both.

suspended.
B.
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defendant.

standards.
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with this Section.
additional thirty day period. In addition, such bond shall not prevent disposition of the animal
for humane purposes at any time, in accordance with Subsection E of this section. The amount of
the bond shall be determined by the department, agency, humane society, or other custodian of
the animal as authorized by the court in accordance with the current rate for board and on the
any reasonable or additional costs incurred in the boarding or veterinary treatment of any
seized animal prior to its disposition, whether or not a bond was posted by the defendant. In the
event of the acquittal or final discharge, without conviction of the accused, the court shall, on
demand, direct the delivery of any animal held in custody to the owner thereof and order the
return of any bond posted pursuant to Subsection C, less reasonable administrative costs.
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cruelly treated in violation of R.S. 14:102.1, in any building or place, such magistrate, if
satisfied that there is reasonable cause for such belief, shall issue a search warrant to any law
enforcement officer authorized by law to make arrests for such offenses, authorizing any such
officer to make a search of said building or place, and to arrest any person found violating R.S.
14:102.1. Said warrant may also authorize said officer to seize any animal believed to be
cruelly treated and to take custody thereof. This section shall not be construed as a limitation on
the power of law enforcement officers to seize animals as evidence at the time of the arrest.
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12. SEXUAL ASSAULT
LA. REV. STAT. ANN. § 14:89 (2009). Crime against nature
A. Crime against nature is:
(1) The unnatural carnal copulation by a human being with another of the same sex or
opposite sex or with an animal, except that anal sexual intercourse between two human
beings shall not be deemed as a crime against nature when done under any of the
circumstances described in R.S. 14:41, 14:42, 14:42.1 or 14:43. Emission is not
necessary; and, when committed by a human being with another, the use of the genital
organ of one of the offenders of whatever sex is sufficient to constitute the crime.
(2) The solicitation by a human being of another with the intent to engage in any
unnatural carnal copulation for compensation.
B. Whoever violates the provisions of this Section shall be fined not more than two thousand
dollars, or imprisoned, with or without hard labor, for not more than five years, or both.
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13. FIGHTING
LA. REV. STAT. ANN. § 14:102.5 (2009). 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.
(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.
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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.
(4) The possessing or owning of dogs with ears cropped or otherwise surgically altered
for cosmetic purposes.
LA. REV. STAT. ANN. § 14:102.6 (2009). Seizure and destruction or disposition of dogs and
equipment used in dogfighting
A.
(1) Any law enforcement officer making an arrest under R.S. 14:102.5 may lawfully take
possession of all fighting dogs on the premises where the arrest is made or in the
immediate possession or control of the person being arrested, whether or not the dogs
are actually engaged in a fight at the time, and all paraphernalia, implements,
equipment, or other property or things used or employed in violation of that Section.
(2) The legislature finds and declares that fighting dogs used or employed in violation of
R.S. 14:102.5 are dangerous, vicious, and a threat to the health and safety of the public.
Therefore, fighting dogs seized in accordance with this Section are declared to be
contraband and, notwithstanding R.S. 14:102.1, the officer may cause them to be
humanely euthanized as soon as possible by a licensed veterinarian or a qualified
technician and shall not be civilly or criminally liable for so doing. Fighting dogs not
destroyed immediately shall be disposed of in accordance with R.S. 14:102.2.
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B.
(1) The officer, after taking possession of any dogs other than those destroyed or
disposed of pursuant to Subsection A and of the other paraphernalia, implements,
equipment, or other property or things, shall file with the district court of the parish
within which the alleged violation occurred an affidavit stating therein the name of the
person charged, a description of the property so taken and the time and place of the
taking thereof, together with the name of the person who claims to own such property, if
known, and that the affiant has reason to believe and does believe, stating the ground of
such belief, that the property so taken was used or employed in such violation.
(2) The seizing officer shall dispose of any dogs or other animals seized in the manner
provided for in R.S. 14:102.2.
(3) He shall thereupon deliver the other property so taken to such court which shall, by
order in writing, place such paraphernalia, implements, equipment, or other property in
the custody of a 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 parish. The custodian so named and designated in such order
shall immediately thereupon assume the custody of such property and shall retain the
same, subject to the order of the court before which the accused shall be required to
appear for trial.
C. Any person claiming an interest in a seized animal may post a bond with the court in
accordance with the provisions of R.S. 14:102.2(C) in order to prevent the disposition of such
animal.
D. Upon conviction of the person so charged, all dogs so seized shall be adjudged by the court to
be forfeited and the court shall order a humane disposition of the same in accordance with R.S.
14:102.2. The court may also in its discretion order the forfeiture of the bond posted, as well as
payment of any reasonable or additional costs incurred in the boarding or veterinary treatment
of any seized dog, as provided in R.S. 14:102.2. In the event of the acquittal or final discharge,
without conviction, of the accused, the court shall, on demand, direct the delivery of the animals
and other property so held in custody to the owner thereof and order the return of any bond
posted pursuant to R.S. 14:102.2(C), less reasonable administrative costs.
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LA. REV. STAT. ANN. § 14:102.7 (2009). Search warrant for dogfighting offenses
If complaint is made, by affidavit, to any magistrate authorized to issue search warrants in

criminal cases, that the complainant has reason to believe that R.S. 14:102.5 has been violated
within the past forty-eight hours, is being, or will be violated in any building or place, such
magistrate, if satisfied that there is reasonable cause for such belief, shall issue a search
warrant authorizing any law enforcement officer competent by law to make arrests for such
offenses to make a search of said building or place, and to arrest any person found violating R.S.
14:102.5. This Section shall not be construed as a limitation on the power of law enforcement
officers to seize animals or evidence at the time of arrest.
LA. REV. STAT. ANN. § 14:102.10 (2009). 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. § 14:102.19 (2009). 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:

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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 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 (2009). 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.
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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.
(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.
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LA. CH. C. ART. 1569 (2009). Temporary restraining order
children, or any person alleged to be an incompetent. Immediate and present danger of abuse
shall constitute good cause for purposes of this Article. The order may include but is not limited
to the following:
petitioner, the children, or any person alleged to be incompetent, on whose behalf a
petition was filed under this Chapter.
(2) Awarding to a party the use and possession of specified community property, such as
an automobile.
the defendant, by evicting the defendant or restoring possession to the petitioner when
either:
and the petitioner or the person on whose behalf the petition is brought.
the petition is brought.
(5) Awarding temporary custody of children or persons alleged to be incompetent.
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belonging to or under the care of the petitioner or minor children residing in the residence
or household of either party, and directing the defendant to refrain from harassing,
interfering with, abusing or injuring any pet, without legal justification, known to be
owned, possessed, leased, kept, or held by either party or a minor child residing in the
residence or household of either party.
by service of process as required by law.
parties.
E. If the hearing pursuant to Article 1570(B) or (D) is continued, the court shall make or extend
such temporary restraining order as it deems necessary. Any continuance of a hearing ordered
pursuant to Article 1570(B) or (D) shall not exceed ten days.
G. Repealed by Acts 1999, No. 1200, § 5, effective August 15, 1999.
H. Immediately upon rendering a decision granting the relief requested by the petitioner, the
judge shall cause to have prepared a Uniform Abuse Prevention Order, as provided in R.S.
46:2136.2(C), shall sign such order, and shall forward it to the clerk of court for filing, all
without delay.
I. If a temporary restraining order is issued or extended, the clerk of the issuing court shall
transmit the Uniform Abuse Prevention Order to the Louisiana Protective Order Registry, R.S.
46:2136.2(A), by facsimile transmission, mail, or direct electronic input, where available, as
expeditiously as possible, but no later than the end of the next business day after the order is
filed with the clerk of court.
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LA. REV. STAT. ANN. § 14:89 (2009). Crime against nature
A. Crime against nature is:
(1) The unnatural carnal copulation by a human being with another of the same sex or
opposite sex or with an animal, except that anal sexual intercourse between two human
beings shall not be deemed as a crime against nature when done under any of the
circumstances described in R.S. 14:41, 14:42, 14:42.1 or 14:43. Emission is not
necessary; and, when committed by a human being with another, the use of the genital
organ of one of the offenders of whatever sex is sufficient to constitute the crime.
(2) The solicitation by a human being of another with the intent to engage in any
unnatural carnal copulation for compensation.
B. Whoever violates the provisions of this Section shall be fined not more than two thousand
dollars, or imprisoned, with or without hard labor, for not more than five years, or both.
LA. REV. STAT. ANN. § 14:102 (2009). 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
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.
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(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
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.
A.

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running at large.



animal.
Subsection.
(2)
both.

suspended.
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B.
defendant.

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standards.
twenty-four hours of seizure.
with this Section.
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additional thirty day period. In addition, such bond shall not prevent disposition of the animal for
humane purposes at any time, in accordance with Subsection E of this section. The amount of the
bond shall be determined by the department, agency, humane society, or other custodian of the
animal as authorized by the court in accordance with the current rate for board and on the
any reasonable or additional costs incurred in the boarding or veterinary treatment of any seized
animal prior to its disposition, whether or not a bond was posted by the defendant. In the event of
the acquittal or final discharge, without conviction of the accused, the court shall, on demand,
direct the delivery of any animal held in custody to the owner thereof and order the return of any
bond posted pursuant to Subsection C, less reasonable administrative costs.
cruelly treated in violation of R.S. 14:102.1, in any building or place, such magistrate, if satisfied
that there is reasonable cause for such belief, shall issue a search warrant to any law enforcement
officer authorized by law to make arrests for such offenses, authorizing any such officer to make
a search of said building or place, and to arrest any person found violating R.S. 14:102.1. Said
warrant may also authorize said officer to seize any animal believed to be cruelly treated and to
take custody thereof. This section shall not be construed as a limitation on the power of law
enforcement officers to seize animals as evidence at the time of the arrest.
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LA. REV. STAT. ANN. § 14:102.4 (2009). Confined animals; necessary food and water
When a living animal is impounded or confined, and continues without necessary food and water
for more than twenty-four consecutive hours, any law enforcement officer may, as often as is
necessary, enter any place in which the animal is impounded or confined and supply it with
necessary food and water so long as it shall remain impounded or confined.
LA. REV. STAT. ANN. § 14:102.5 (2009). 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.
(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.
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(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.
(4) The possessing or owning of dogs with ears cropped or otherwise surgically altered
for cosmetic purposes.
LA. REV. STAT. ANN. § 14:102.6 (2009). Seizure and destruction or disposition of dogs and
equipment used in dogfighting
A.
(1) Any law enforcement officer making an arrest under R.S. 14:102.5 may lawfully take
possession of all fighting dogs on the premises where the arrest is made or in the
immediate possession or control of the person being arrested, whether or not the dogs are
actually engaged in a fight at the time, and all paraphernalia, implements, equipment, or
other property or things used or employed in violation of that Section.
(2) The legislature finds and declares that fighting dogs used or employed in violation of
R.S. 14:102.5 are dangerous, vicious, and a threat to the health and safety of the public.
Therefore, fighting dogs seized in accordance with this Section are declared to be
contraband and, notwithstanding R.S. 14:102.1, the officer may cause them to be
humanely euthanized as soon as possible by a licensed veterinarian or a qualified
technician and shall not be civilly or criminally liable for so doing. Fighting dogs not
destroyed immediately shall be disposed of in accordance with R.S. 14:102.2.
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B.
(1) The officer, after taking possession of any dogs other than those destroyed or
disposed of pursuant to Subsection A and of the other paraphernalia, implements,
equipment, or other property or things, shall file with the district court of the parish
within which the alleged violation occurred an affidavit stating therein the name of the
person charged, a description of the property so taken and the time and place of the
taking thereof, together with the name of the person who claims to own such property, if
known, and that the affiant has reason to believe and does believe, stating the ground of
such belief, that the property so taken was used or employed in such violation.
(2) The seizing officer shall dispose of any dogs or other animals seized in the manner
provided for in R.S. 14:102.2.
(3) He shall thereupon deliver the other property so taken to such court which shall, by
order in writing, place such paraphernalia, implements, equipment, or other property in
the custody of a 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 parish. The custodian so named and designated in such order shall
immediately thereupon assume the custody of such property and shall retain the same,
subject to the order of the court before which the accused shall be required to appear for
trial.
C. Any person claiming an interest in a seized animal may post a bond with the court in
accordance with the provisions of R.S. 14:102.2(C) in order to prevent the disposition of such
animal.
D. Upon conviction of the person so charged, all dogs so seized shall be adjudged by the court to
be forfeited and the court shall order a humane disposition of the same in accordance with R.S.
14:102.2. The court may also in its discretion order the forfeiture of the bond posted, as well as
payment of any reasonable or additional costs incurred in the boarding or veterinary treatment of
any seized dog, as provided in R.S. 14:102.2. In the event of the acquittal or final discharge,
without conviction, of the accused, the court shall, on demand, direct the delivery of the animals
and other property so held in custody to the owner thereof and order the return of any bond
posted pursuant to R.S. 14:102.2(C), less reasonable administrative costs.
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LA. REV. STAT. ANN. § 14:102.7 (2009). Search warrant for dogfighting offenses
If complaint is made, by affidavit, to any magistrate authorized to issue search warrants in

criminal cases, that the complainant has reason to believe that R.S. 14:102.5 has been violated
within the past forty-eight hours, is being, or will be violated in any building or place, such
magistrate, if satisfied that there is reasonable cause for such belief, shall issue a search warrant
authorizing any law enforcement officer competent by law to make arrests for such offenses to
make a search of said building or place, and to arrest any person found violating R.S. 14:102.5.
This Section shall not be construed as a limitation on the power of law enforcement officers to
seize animals or evidence at the time of arrest.
LA. REV. STAT. ANN. § 14:102.10 (2009). 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.
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LA. REV. STAT. ANN. § 14:102.19 (2009). 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:
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 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.
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LA. REV. STAT. ANN. § 14:102.23 (2009). 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.
(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.
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LA. REV. STAT. ANN. § 46:2135 (2009). Temporary restraining order
minor children, or any person alleged to be an incompetent. Any person who shows immediate
and present danger of abuse shall constitute good cause for purposes of this Subsection. The
order may include but is not limited to the following:
petitioner, the minor children, or any person alleged to be incompetent, on whose behalf
a petition was filed under this Part.
(2) Awarding to a party use and possession of specified jointly owned or leased property,
such as an automobile.
the defendant, by evicting the defendant or restoring possession to the petitioner where:
and the petitioner or the person on whose behalf the petition is brought;
the petition is brought; or
(5) Awarding temporary custody of minor children or persons alleged to be incompetent.
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belonging to or under the care of the petitioner or minor children residing in the residence
or household of either party, and directing the defendant to refrain from harassing,
interfering with, abusing or injuring any pet, without legal justification, known to be
owned, possessed, leased, kept, or held by either party or a minor child residing in the
residence or household of either party.
by service of process as required by law within twenty-four hours of the issuance of the order.
parties.
E. If the hearing pursuant to R.S. 46:2135(B) or (D) is continued, the court shall make or extend
such temporary restraining orders as it deems necessary. Any continuance of a hearing ordered
pursuant to R.S. 46:2135(B) or (D) shall not exceed ten days.
G. Immediately upon entering a temporary restraining order, the judge shall cause to have
prepared a Uniform Abuse Prevention Order, as provided in R.S. 46:2136.2(C), shall sign such
order, and shall forward it to the clerk of court for filing, all without delay.
H. The clerk of the issuing court shall transmit the Uniform Abuse Prevention Order to the
Louisiana Protective Order Registry, R.S. 46:2136.2(A), by facsimile transmission, mail, or
direct electronic input, where available, as expeditiously as possible, but no later than the end of
the next business day after the order is filed with the clerk of court.
I. The initial rule to show cause hearing required pursuant to Subsection B or D may be
conducted by a hearing officer who is qualified and selected in the same manner provided in R.S.
46:236.5(C). The hearing officer shall be subject to the applicable limitations and shall follow
the applicable procedures provided in R.S. 46:236.5(C). The hearing officer shall make
recommendations to the court as to the action that should be taken in the matter.
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ANIMAL PROTECTION LAWS OF MAINE
ANIMAL PROTECTION LAWS OF MAINE
Editor=s note: Maine has both civil and criminal dispositions in its statutes. “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. No
person may 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 crim e of cruelty to anim als under this section or the civil violation of cruelty to anim als
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 shall not be 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 underthis subsection or adjudication under Title 7, section 4011.”
ME. REV. STAT. ANN. tit. 17, § 1031(4).
Civil
Criminal
2. PENALTIES
Civil
Criminal
3. EXEMPTIONS
Civil
Criminal
Civil
Criminal
Civil
Criminal

USA Map
12. SEXUAL ASSAULT
13. FIGHTING
This chapter contains Maine’s general animal protection and related statutes enacted prior to November 2009. It begins
Maine may employ similar provisions within other non-animal-specific criminal and civil statutes; may have other more
ME-3

USA Map
MAINE
1. GENERAL PROHIBITIONS * Civil:

(1)
Cruelty to animals
ME. REV. STAT. ANN. tit. 7, § 4011
(2)
Cruelty to birds
(3)
Failure to provide necessary sustenance
(4)
Failure to supply necessary medical attention
(5)
Failure to provide proper shelter
Criminal:
(6)
ME. REV. STAT. ANN. tit. 17, § 1031(1-B)
(7)
Cruelty to animals
(8)
Cruelty to birds
(9)
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MAINE continued
1. GENERAL PROHIBITIONS *continued (10)

Failure to supply necessary medical attention
(11)
Failure to provide proper shelter
(12)
Abandoning animal at animal care facilities
Animals Covered in Definition A[E]very living, sentient creature not a human

being@
ME. REV. STAT. ANN. tit. 7, § 3907 (2)
ME. REV. STAT. ANN. tit. 17, § 1011(2)
Classification of Crimes (1) - (5)

Civil violation
----------
(6)
Class C crime
----------
(7), (8)
[1st offense]:
Class D crime

Class C crime
----------
(9), (10), (11), (12)

Class D crime
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MAINE continued
2. MAXIMUM PENALTIES ** Civil:

[1st offense]:
$2,500 fine
and
other sanctions, including reimbursement of
costs, possession prohibitions and
psychological evaluations
[2nd and subsequent offenses of § 4011 – civil

animal cruelty]:
$5,000 fine
and
psychological evaluations
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MAINE continued
2. MAXIMUM PENALTIES** continued Criminal:

[Class D Crime]:
364 days county jail
ME. REV. STAT. ANN. tit. 17-A, § 1252(2)(D)
and/or
$2,000 fine
ME. REV. STAT. ANN. tit. 17-A, § 1301(1-A)
(D)
and
mandatory $250 fine
(or mandatory $100 fine for cruelty to birds,
ME. REV. STAT. ANN. tit. 17, § 1032(2))
[Class C Crime]:
5 years prison
ME. REV. STAT. ANN. tit. 17-A, § 1252(2)(C)
and/or
$5,000 fine
ME. REV. STAT. ANN. tit. 17-A, § 1031(1-A)
(C)
and
mandatory $250 fine
(or mandatory $100 fine for cruelty to birds
ME. REV. STAT. ANN. tit. 17, § 1032(2))
[Aggravated animal cruelty]:

In addition to penalties for a Class C Crime:
$10,000 fine
and
psychological evaluations and counseling
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MAINE continued
3. EXEMPTIONS *** Civil:

1
1, 2, 4, 6, 9
ME. REV. STAT. ANN. tit. 7, §§ 4011(1)(B),
(1)(D),(1-A),(2)
3, 9
ME. REV. STAT. ANN. tit. 7, §§ 4012(2), (3)
4
----------
Criminal:
1
1, 2, 4, 6, 9
ME. REV. STAT. ANN. tit. 17, § 1031(1)(A),
(1)(B), (1)(D), (1)(I), (1-D), (1-E), (2)
3
4
ME. REV. STAT. ANN. tit. 17, § 1037-A
4. COUNSELING / EVALUATIONS H Civil:

As part of judgment, court may order a
psychological evaluation
Criminal:
Court may order an evaluation and
counseling at defendant=s expense
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MAINE continued
5. PROTECTIVE ORDERS H ME. REV. STAT. ANN. tit. 19-A, § 4007
6. RESTITUTION / REIMBURSEMENT Court may order a person adjudicated as

H
having violated the laws against cruelty to
animals to pay the costs of the care, housing
and veterinary medical treatment for the
animal
Person taking possession of seized animal

shall have a lien for costs of care
Court may order defendant to post security

for costs of seizure and care of impounded
animals
Court may order defendant to pay costs of

care
7. SEIZURE / ON-SITE SUPERVISION Humane agents, law enforcement officers,

state veterinarians, and other authorized
persons may seize neglected or cruelly treated
animals
Upon a finding of probable cause, a law

enforcement officer or humane agent may be
issued a search warrant and may retain any
animal specified in the warrant
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8. FORFEITURE / POSSESSION H If defendant fails to file a show cause petition

within 10 days of the date the seizure, or fails
to post court-ordered security for costs of
impoundment and care, impounded animals
are forfeited
Court may order abused animals forfeited,

and may also restrict ownership, possession
or allowance on premises of animals
following conviction
ME. REV. STAT. ANN. tit. 17, §§ 1021,
1031(3)
9. CROSS ENFORCEMENT / REPORTING Persons in specific professions may report

suspected animal offenses and are immune
from any civil or criminal liability for so
doing
ME. REV. STAT. ANN. tit. 22, § 4011-A(6)
ME. REV. STAT. ANN. tit. 34-B, § 1901
Humane agents must report suspected abuse,

neglect or exploitation of an incapacitated or
dependent adult; and suspected abuse or
neglect of a child
ME. REV. STAT. ANN. tit. 22, § 4011-A
10. VETERINARIAN REPORTING / IMMUNITY A licensed veterinarian may report suspected

cruelty or neglect; shall report suspected
aggravated cruelty; and is immune from any
civil or criminal liability or professional
disciplinary action
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MAINE continued
11. LAW ENFORCEMENT POLICIES The commissioner or any person authorized

to make arrests may lawfully interfere to
prevent the perpetration of any act of animal
cruelty in that person’s presence
Law enforcement officers, animal control

officers and humane agents shall investigate
alleged violations; the commissioner shall
maintain records of such cases; and law
enforcement officers, humane agents,
commissioner, state veterinarian and animal
control officers may exchange information
relating to animal cruelty investigations
It is unlawful to impede the performance of

an officer responding to animal cruelty or
neglect
Arrests or detentions can only be made under

criminal statutes
No person may be detained or arrested for

criminal cruelty to birds
A law enforcement officer or humane agent

may be issued a search warrant for probable
cause
12. SEXUAL ASSAULT The sexual assault of an animal is a Class D

crime on the 1st offense and a Class C crime
on the third and subsequent offenses
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MAINE continued

crimes; viewing animal fighting is a Class D
crime
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Civil
ME. REV. STAT. ANN. tit. 7, § 3907 (2009). Definitions
As used in this Part, 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.
1-A. Abandoned dog. “Abandoned dog” means a dog that has been deserted by its owner or
keeper and has not been or is not being provided adequate care or continued care by the owner
or keeper.
1-B. Adequate care. “Adequate care” means the ordinary and prudent care that meets the
needs of an animal, including adequately nutritious food, clean water, proper shelter and
protection from the elements and medical care to maintain good health and meet the basic needs
of that species of animal.
2. Animal. “Animal” means every living, sentient creature not a human being.
3. Animal control. “Animal control” means control of dogs, cats, and domesticated or
undomesticated animals in accordance with section 3948.
4. Animal control officer. “Animal control officer” means the person appointed periodically by a
municipality pursuant to chapter 725.
5. Repealed. Laws 1993, c. 657, § 2.
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
animal.
7. Repealed. Laws 2005, c. 510, § 2.
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8. Boarding kennel. “Boarding kennel” means any place, building, tract of land or abode in or
on which 3 or more privately owned companion animals are kept at any one time for their
owners in return for a fee or compensation and includes a facility where 3 or more companion
animals are kept for training purposes for compensation.
8-A. Breeding kennel. “Breeding kennel” means a location where 5 or more adult female 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 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.
9-A. Cat identification. “Cat identification” means:
A. A registered microchip used in conjunction with a visible collar and tag, with a
faceted, reflective ear stud or a tipped or notched ear;
B. A collar or collar and tag worn by the cat that provides the current name, address and
telephone number of the owner; or
C. A collar and tag providing the name and address of the animal shelter that issued the
tag.
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 Part.
11. Commissioner. “Commissioner” means the Commissioner of Agriculture, Food and Rural
Resources or his duly authorized agent.
11-A. Companion animal. “Companion animal” means a cat or dog.
11-B. Council. “Council” means the Animal Welfare Advisory Council as established by Title 5,
section 12004-I, subsection 2-C or its duly authorized agent.
12. Constable. “Constable” means a law enforcement officer appointed by municipal officers
pursuant to law.
12-A. Repealed. Laws 1999, c. 498, § 1.
12-B. Repealed. Laws 2005, c. 510, § 5.
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12-C. 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.
12-D. Dangerous dog. “Dangerous dog” means a dog that bites an individual or a domesticated
animal who is not trespassing on the dog owner's or keeper's premises at the time of the bite or a
dog that causes a reasonable and prudent person who is not on the dog owner's or keeper's
premises and is acting in a reasonable and nonaggressive manner to fear imminent bodily injury
by assaulting or threatening to assault that individual or individual's domestic animal.
“Dangerous dog” does not include a dog certified by the State and used for law enforcement
use. “Dangerous dog” does not include a dog that bites or threatens to assault an individual
who is on the dog owner's or keeper's premises if the dog has no prior history of assault and was
provoked by the individual immediately prior to the bite or threatened assault.
For the purposes of this definition, “dog owner's or keeper's premises” means the residence or
residences, including buildings and land and motor vehicles, belonging to the owner or keeper of
the dog.
12-E. Feral cat. “Feral cat” means a cat without owner identification of any kind that
consistently exhibits extreme fear in the presence of people.
12-F. Cruelly. “Cruelly” means to act or fail to act in a way that causes or allows unnecessary
pain or suffering of an animal.
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 who assists in
enforcing this Part.
15-A. Repealed. Laws 1993, c. 657, § 4.
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.
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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 an organized 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.
20-A. Neglect. “Neglect” means failure to provide an animal with humanely clean conditions
and adequate care and other care generally considered to be ordinary and necessary for the
health and well-being of that species, breed or type of animal.
21. Owner. “Owner” means a person 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, § 6.
22-B. Pet. “Pet” means a dog, cat or other domesticated animal commonly kept as a companion,
but does not include tamed animals that are ordinarily considered wild animals or livestock.
23. Pet shop. “Pet shop” means a place or vehicle in or on which any dogs, cats, 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.
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23-A. Rescue group. “Rescue group” means an organization or individual that receives animals
that have been abandoned, surrendered or removed from an animal facility or that takes in
homeless dogs or cats and sells, gives or otherwise places the animals in private homes. “Rescue
group” does not include a facility licensed under chapter 723.
24. Respective municipality. “Respective municipality” means, in the case of towns, plantations
and cities, the municipality where the dog or ferret is found; in the case of unorganized
territories, the municipality near or adjacent to the unorganized territory where the dog or ferret
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. Repealed. Laws 1993, c. 657, § 10.
25-A. Stray. “Stray” means off the owner's premises and not under the control of a person.
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
26-A. Unorganized territory. “Unorganized territory” means all areas located within the
jurisdiction of the State, except areas located within organized cities and towns, and Indian
reservations. “Unorganized territory” does not include plantations.
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 a 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.
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ME. REV. STAT. ANN. tit. 7, § 4011 (2009). Cruelty to animals.
1. Cruelty to animals. Except as provided in subsection 1-A, a person, including an owner or the
owner's agent, is guilty of cruelty to animals if that person:
A. Kills or attempts to kill any animal belonging to another person without the consent of
the owner or without legal privilege;
B. Except for a licensed veterinarian or a person certified under Title 17, section 1042,
kills or attempts to kill an animal by a method that does not cause instantaneous death;
C. Is a licensed veterinarian or a person certified under Title 17, section 1042 and that
person kills or attempts to kill an animal by a method that does not conform to standards
adopted by a national association of licensed veterinarians;
D. Injures, overworks, tortures, torments, abandons, neglects 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; 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;
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;
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;
G. Hunts, traps or sells for the purpose of hunting any animal, except as permitted
pursuant to chapter 202-A and Title 12, Part 13;
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
competition;
I. Kills or tortures an animal to frighten or intimidate a person or forces a person to

injure or kill an animal;
J. 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.
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1-A. Animal cruelty. Except as provided in paragraphs A and B, a person is guilty of cruelty to
animals if that person kills or attempts to kill a cat or dog.
A. A licensed veterinarian or a person certified under Title 17, section 1042 may kill a cat
or dog according to the methods of euthanasia under Title 17, chapter 42, subchapter IV.
B. A person who owns a cat or dog, or the owner's agent, may kill that owner's cat or dog
by shooting with a firearm provided the following conditions are met.
(1) 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.
(2) Death is instantaneous.
(3) Maximum precaution is taken to protect the general public, employees and
other animals.
(4) Any restraint of the cat or dog during the shooting does not cause undue
suffering to the cat or dog.
2. Affirmative defenses. It is an affirmative defense to this section that:
A. The conduct was performed by a licensed veterinarian or was a part of scientific

research governed by accepted standards;
B. The conduct was designed to control or eliminate rodents, ants or other common pests
on the defendant's own property;
C. The 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.
Evidence of proper care of any animal shall not be admissible in the defense of alleged cruelty to
other animals.
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ME. REV. STAT. ANN. tit. 7, § 4012 (2009). Cruelty to birds.
1. Cruelty to birds. A person is guilty of cruelty to birds if that person:
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;
B. Shoots at any bird or is present as a party, umpire or judge at a shooting; or
C. Rents any building, shed, room, yard, field or premises or knowingly allows the use of
the same for the purposes of paragraphs A and B.
2. Construction. This section may not 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.
3. Affirmative defense. It is an affirmative defense to this section that the conduct involved the
use of live animals in the training of other animals in accordance with the laws of the
Department of Inland Fisheries and Wildlife, Title 12, Part 13.
ME. REV. STAT. ANN. tit. 7, § 4013 (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.
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.
ME. REV. STAT. ANN. tit. 7, § 4014 (2009). Necessary medical attention.
animal with necessary medical attention when the animal is or has been suffering from illness,
injury, disease, excessive parasitism or malformed or overgrown hoof.
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ME. REV. STAT. ANN. tit. 7, § 4015 (2009). Proper shelter and protection from the weather
A person owning, keeping or responsible for confining or impounding any animal shall provide
the animal with proper shelter and protection from the weather.
1. Indoor standards. Minimum indoor standards of shelter are as set out in this subsection.
A. The ambient temperature must be compatible with the health of the animal.
B. Indoor housing facilities must be adequately ventilated by natural or mechanical

means to provide for the health of the animal at all times.
C. An animal contained in an indoor enclosure must be removed from the indoor

enclosure daily and provided with a safe environment to allow the exercise needs of the
animal to be met in a manner appropriate for the age, size and breed of the animal.
2. Outdoor standards. Minimum outdoor standards of shelter are as set out in this subsection.
A. Sufficient shade by natural or artificial means must be provided to protect an animal

from direct sunlight. This paragraph does not apply to livestock confined by farm
fencing.
B. Except as provided in subsections 5 and 6, shelter from inclement weather must be as

set out in this paragraph.
(1) An artificial shelter, with a minimum of 3 sides and a waterproof roof,

appropriate to the local climatic conditions and 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, a shelter of suitable size with
an aboveground floor and waterproof roof must be provided in accordance with
subsection 6, paragraph A to accommodate the dog and protect it from the
weather and, in particular, from severe cold and direct sunlight. Inadequate
shelter from cold 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.
For purposes of this subparagraph, “suitable size” means that the dog can enter the
shelter unimpeded and turn around, stand in a normal posture and lay down in a normal
position.
C. An animal may not be confined in a building, enclosure of any kind, car, boat,
vehicle, trailer, camper or vessel of any kind when extreme heat or extreme cold will be
harmful to its health.
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3. Space standards. Minimum space requirements for both indoor and outdoor enclosures
include the following.
A. The housing facilities must be structurally sound and maintained in good repair to
protect the animal from injury and to contain the animal.
B. Enclosures must 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. Repealed.
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 section 1341, subsection 5 kept at a licensed commercial large game shooting area as
defined in section 1341, subsection 1.
6. 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 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, must contain
clean bedding material sufficient to retain the dog’s normal body heat and must be
accessible to the dog at all times; 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 arctic breeds, 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 arctic breeds, 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
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base of its tail if the anchor is a pivot point allowing a 360° 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.
Criminal
As used in this chapter, and in every law relating to or affecting animals, unless the context
1-A. Abandoned. “Abandoned,” as it pertains to an animal, means an animal has been deserted
by its owner or keeper and has not been or is not being provided adequate care or continued
care by the owner or keeper.
1-B. Adequate care. “Adequate care” means the ordinary and prudent care that meets the
needs of an animal, including adequately nutritious food, clean water, proper shelter and
protection from the elements and medical care to maintain good health and meet the basic needs
of that species of animal.
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.
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person whose personal presence and attention would reasonably control the conduct of the dog.
7. Repealed. Laws 1999, c. 254, § 18.
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
kennel licensed by a municipality under Title 7, section 3923-C when the dogs are kept primarily
for hunting, show, training, mushing, 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.
deputy clerk or assistant clerk, where directed by the clerk, carrying out the duties of this
chapter.
12-C. Cruelly. “Cruelly” means to act or fail to act in a way that causes or allows unnecessary
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.
12-D. Domestic violence. “Domestic violence” means beating, torturing, mutilating or killing
an animal without justification with the intent to threaten, intimidate, coerce, harass or terrorize
a family or household member.
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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
15. Humane agent. “Humane agent” means an employee of the Department of Agriculture, Food
and Rural Resources who assists in enforcing this chapter.
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.
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 one pack or collection of dogs kept in a single location under one
ownership for breeding, hunting, show, training, field trials, mushing or exhibition purposes.
ratites.
19. Municipality. “Municipality” means a city, town or plantation.
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and adequate care and other care generally considered to be ordinary and necessary for the
health and well-being of that species, breed or type of animal.
21. Owner. “Owner” means any person, firm, partnership, association or corporation owning,
keeping or harboring a dog or other animal.
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, 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.
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.
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between any species of wild canid or wild canid hybrid and a domestic dog or wild canid hybrid.
ME. REV. STAT. ANN. tit. 17, § 1031 (2009). Cruelty to animals
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:
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
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;
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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; 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
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;

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
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
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
competition. Violation of this paragraph is a Class D crime;
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H-1. Violates paragraph H and, at the time of the offense, has 2 or more prior
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
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 paragraph is a Class D crime;
J-1. Violates paragraph J and, at the time of the offense, has 2 or more prior convictions
jurisdictions. Violation of this paragraph is a Class C crime; or
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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:
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;
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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
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, § 1-18, 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.
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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.
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;
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B. Shoots at any bird or is present as a party, umpire or judge at such shooting. Violation
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
other jurisdictions. Violation of this paragraph is a Class C crime.
2. Penalty. The following apply to violations of this section.
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
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 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.
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health.
source.
3. Penalty. Failure to provide a sufficient supply of food or water is a Class D crime.
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

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.
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B. Except as provided in subsections 5 and 7, shelter from inclement weather must be
provided according to this paragraph.

appropriate to the local climatic conditions for the species and breed of the
weather and, in particular, from severe cold and direct sunlight. Inadequate
shelter from cold 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.
position.
C. Repealed. Laws 2007, c. 702, § 50.
3. Space standards. Minimum space requirements for both indoor and outdoor enclosures shall
A. The housing facilities shall be structurally sound and maintained in good repair to
B. Enclosures shall be constructed and maintained to provide sufficient space to allow

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.
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.
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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 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
its tail if the anchor is a pivot point allowing a 360` 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.
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:
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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.
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2. PENALTIES
Civil
ME. REV. STAT. ANN. tit. 7, § 4016 (2009). Violation
1. Penalty. A person who violates this chapter commits a civil violation.
A. The court shall adjudge a civil fine of not less than $500 nor more than $2,500 for the
first violation, none of which may be suspended, and a civil fine of not less than $1,000
nor more than $5,000 for a 2nd or subsequent violation of section 4011, none of which
may be suspended.
B. The court may order a person adjudicated as having violated the laws against cruelty
to animals to pay the costs of the care, housing and veterinary medical treatment for the
animal.
C. The court, as part of the judgment, may prohibit a person adjudicated as having
violated the laws against cruelty to animals from owning, possessing or having on the
defendant's premises an animal for a period of time up to and including permanent
relinquishment.
D. The court, as part of the judgment, may order that the defendant submit to and
complete a psychological evaluation for in camera review by the court.
animals under Title 17, chapter 42, subchapter III 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 may elect to charge a defendant with either the crime of cruelty to
animals under Title 17, chapter 42, subchapter III or the civil violation of cruelty to animals
under this chapter. 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 the 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 Title 17, chapter 42, subchapter III or adjudication under this chapter.
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3. Affirmative defenses. It is an affirmative defense to alleged violations of this chapter that the
animal was kept as part of an agricultural operation and in compliance with best management
practices for animal husbandry as determined by the department.
Criminal
or recklessly:
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

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;
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D-1. Violates paragraph D and, at the time of the offense, has 2 or more prior convictions

providing necessary sustenance and proper shelter. Violation of this paragraph is a Class
D crime;
Class D crime;
G-1. Violates paragraph G and, at the time of the offense, has 2 or more prior convictions
H-1. Violates paragraph H and, at the time of the offense, has 2 or more prior convictions
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animal;
abuses an animal.
animal husbandry.
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 paragraph is a Class D crime;

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person, in a manner manifesting a depraved indifference to animal life or suffering, intentionally,
knowingly or recklessly:
A. Kills or attempts to kill a cat or dog. Violation of this paragraph is a Class D crime; or
by a single shot;
animals; and
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to other animals.
3-B. Penalties.
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.
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sentence.
section 4011.
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;
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jurisdictions. Violation of this paragraph is a Class C crime.
sentence.
ME. REV. STAT. ANN. tit. 17A, § 1252 (2009). Imprisonment for crimes other than murder
1. In the case of a person convicted of a crime other than murder, the court may sentence to
imprisonment for a definite term as provided for in this section, unless the statute which the
person is convicted of violating expressly provides that the fine and imprisonment penalties it
authorizes may not be suspended, in which case the convicted person shall be sentenced to
imprisonment and required to pay the fine authorized therein. Except as provided in subsection
7, the place of imprisonment must be as follows.
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A. For a Class D or Class E crime the court must specify a county jail as the place of
imprisonment.
B. For a Class A, Class B or Class C crime the court must:
(1) Specify a county jail as the place of imprisonment if the term of imprisonment
is 9 months or less; or
(2) Commit the person to the Department of Corrections if the term of

imprisonment is more than 9 months.
C. Repealed. Laws 1995, c. 425, § 2.
2. The court shall set the term of imprisonment as follows:
A. In the case of a Class A crime, the court shall set a definite period not to exceed 30
years;
B. In the case of a Class B crime, the court shall set a definite period not to exceed 10
years;
C. In the case of a Class C crime, the court shall set a definite period not to exceed 5
years;
D. In the case of a Class D crime, the court shall set a definite period of less than one
year; or
E. In the case of a Class E crime, the court shall set a definite period not to exceed 6
months.
2-A. Repealed. 1977, c. 510, § 76.
3. The court may add to the sentence of imprisonment a restitution order as is provided for in
chapter 49, section 1204, subsection 2-A, paragraph B. In such cases, it shall be the
responsibility of the Department of Corrections to determine whether the order has been
complied with and consideration shall be given in the department's administrative decisions
concerning the imprisoned person as to whether the order has been complied with.
3-A. At the request of or with the consent of a convicted person, a sentence of imprisonment
under this chapter in a county jail or a sentence of probation involving imprisonment in a county
jail under chapter 49 may be ordered to be served intermittently.
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4. If the State pleads and proves that a Class B, C, D or E crime was committed with the use of a
dangerous weapon then the sentencing class for such crime is one class higher than it would
otherwise be. In the case of a Class A crime committed with the use of a dangerous weapon,
such use should be given serious consideration by the court in exercising its sentencing
discretion. This subsection does not apply to a violation or an attempted violation of section 208,
to any other offenses to which use of a dangerous weapon serves as an element or to any offense
for which the sentencing class is otherwise increased because the actor or an accomplice to that
actor's or accomplice's knowledge is armed with a firearm or other dangerous weapon.
4-A. If the State pleads and proves that, at the time any crime, excluding murder, under chapter
9, 11, 13 or 27; section 402-A, subsection 1, paragraph A; or section 752-A or 752-C was
committed, the defendant had 2 or more prior convictions under chapter 9, 11, 13 or 27; section
402-A, subsection 1, paragraph A; or section 752-A or 752-C or for engaging in substantially
similar conduct in another jurisdiction, the sentencing class for the crime is one class higher than
it would otherwise be. In the case of a Class A crime, the sentencing class is not increased, but
the prior record must be given serious consideration by the court when imposing a sentence.
Section 9-A governs the use of prior convictions when determining a sentence, except that, for
the purposes of this subsection, for violations under chapter 11, the dates of prior convictions
may have occurred at any time. This subsection does not apply to section 210-A if the prior
convictions have already served to enhance the sentencing class under section 210-A, subsection
1, paragraph C or any other offense in which prior convictions have already served to enhance
the sentencing class.
4-B. If the State pleads and proves that the defendant is a repeat sexual assault offender, the
court, notwithstanding subsection 2, may set a definite period of imprisonment for any term of
years.
A. As used in this section, “repeat sexual assault offender” means a person who commits
a new gross sexual assault after having been convicted previously and sentenced for any
of the following:
(1) Gross sexual assault, formerly denominated as gross sexual misconduct;
(2) Rape;
(3) Attempted murder accompanied by sexual assault;
(4) Murder accompanied by sexual assault; or
(5) Conduct substantially similar to a crime listed in subparagraph (1), (2), (3) or
(4) that is a crime under the laws of another jurisdiction.
The date of sentencing is the date of the oral pronouncement of the sentence by the trial
court, even if an appeal is taken.
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B. “Accompanied by sexual assault” as used with respect to attempted murder, murder
and crimes involving substantially similar conduct in another jurisdiction is satisfied if it
was definitionally an element of the crime or was pleaded and proved beyond a
reasonable doubt at trial by the State or another jurisdiction.
4-C. If the State pleads and proves that a Class A crime of gross sexual assault was committed by
a person who had previously been convicted and sentenced for a Class B or Class C crime of
unlawful sexual contact, or an essentially similar crime in another jurisdiction, that prior
conviction must be given serious consideration by the court in exercising its sentencing
discretion.
4-D. If the State pleads and proves that a crime under section 282 was committed against a
person who had not attained 12 years of age, the court, in exercising its sentencing discretion,
shall give the age of the victim serious consideration.
4-E. If the State pleads and proves that a crime under section 253 was committed against a
person who had not yet attained 12 years of age, the court, notwithstanding subsection 2, shall
impose a definite term of imprisonment for any term of years. In determining the basic term of
imprisonment as the first step in the sentencing process, the court shall select a term of at least
20 years.
5. Notwithstanding any other provision of this code, except as provided in this subsection, if the
State pleads and proves that a Class A, B or C crime was committed with the use of a firearm
against a person, the minimum sentence of imprisonment, which may not be suspended, is as
follows: When the sentencing class for the crime is Class A, the minimum term of imprisonment
is 4 years; when the sentencing class for the crime is Class B, the minimum term of
imprisonment is 2 years; and when the sentencing class for the crime is Class C, the minimum
term of imprisonment is one year. For purposes of this subsection, the applicable sentencing
class is determined in accordance with subsection 4. This subsection does not apply if the State
pleads and proves criminal threatening or attempted criminal threatening, as defined in section
209, or terrorizing or attempted terrorizing, as defined in section 210, subsection 1, paragraph A.
5-A. Notwithstanding any other provision of this Code, for a person convicted of violating
section 1105-A, 1105-B, 1105-C or 1105-D:
A. Except as otherwise provided in paragraphs B and C, the minimum sentence of

imprisonment, which may not be suspended, is as follows: When the sentencing class is
Class A, the minimum term of imprisonment is 4 years; when the sentencing class is
Class B, the minimum term of imprisonment is 2 years; and, with the exception of a
conviction under section 1105-A, 1105-B, 1105-C or 1105-D when the drug that is the
basis for the charge is marijuana, when the sentencing class is Class C, the minimum
term of imprisonment is one year;
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B. The court may impose a sentence other than a minimum unsuspended term of
imprisonment set forth in paragraph A, if:
(1) The court finds by substantial evidence that:
(a) Imposition of a minimum unsuspended term of imprisonment under

paragraph A will result in substantial injustice to the defendant. In making
this determination, the court shall consider, among other considerations,
whether the defendant did not know and reasonably should not have
known that the victim was less than 18 years of age;
(b) Failure to impose a minimum unsuspended term of imprisonment

under paragraph A will not have an adverse effect on public safety; and
(c) Failure to impose a minimum unsuspended term of imprisonment

under paragraph A will not appreciably impair the effect of paragraph A in
deterring others from violating section 1105-A, 1105-B, 1105-C or 1105-
D; and
(2) The court finds that:
(a) Deleted. Laws 2003, c. 232, § 1.
(b) The defendant is an appropriate candidate for an intensive supervision

program, but would be ineligible to participate under a sentence imposed
under paragraph A; or
(c) The defendant's background, attitude and prospects for rehabilitation

and the nature of the victim and the offense indicate that imposition of a
sentence under paragraph A would frustrate the general purposes of
sentencing set forth in section 1151.
If the court imposes a sentence under this paragraph, the court shall state in
writing its reasons for its findings and for imposing a sentence under this
paragraph rather than under paragraph A; and
C. If the court imposes a sentence under paragraph B, the minimum sentence of

Class A, the minimum term of imprisonment is 9 months; when the sentencing is Class
B, the minimum term of imprisonment is 6 months; and, with the exception of trafficking
or furnishing marijuana under section 1105-A or 1105-C, when the sentencing class is
Class C, the minimum term of imprisonment is 3 months.
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5-B. In using a sentencing alternative involving a term of imprisonment for a person convicted of
the attempted murder, manslaughter, elevated aggravated assault or aggravated assault of a child
who had not in fact attained the age of 6 years at the time the crime was committed, a court shall
assign special weight to this objective fact in determining the basic term of imprisonment as the
first step in the sentencing process. The court shall assign special weight to any subjective victim
impact in determining the maximum period of incarceration in the 2nd step in the sentencing
process. The court may not suspend that portion of the maximum term of imprisonment based on
objective or subjective victim impact in arriving at the final sentence as the 3rd step in the
sentencing process. Nothing in this subsection may be construed to restrict a court in setting a
sentence from considering the age of the victim in other circumstances when relevant.
5-C. In using a sentencing alternative involving a term of imprisonment for a person convicted of
the attempted murder, manslaughter, elevated aggravated assault or aggravated assault of a
woman that the convicted person knew or had reasonable cause to believe to be in fact pregnant
at the time the crime was committed, a court shall assign special weight to this objective fact in
determining the basic term of imprisonment as the first step in the sentencing process. The court
shall assign special weight to any subjective victim impact in determining the maximum period
of incarceration in the 2nd step in the sentencing process. The court may not suspend that portion
of the maximum term of imprisonment based on objective or subjective victim impact in arriving
at the final sentence as the 3rd step in the sentencing process. Nothing in this subsection may be
construed to restrict a court in setting a sentence from considering the fact that the victim was
pregnant in other circumstances when relevant.
5-D. In using a sentencing alternative involving a term of imprisonment for a person convicted
of a Class C or higher crime, the victim of which was at the time of the commission of the crime
in fact being stalked by that person, a court shall assign special weight to this objective fact in
determining the basic sentence in the first step of the sentencing process. The court shall assign
special weight to any subjective victim impact caused by the stalking in determining the
maximum period of incarceration in the 2nd step in the sentencing process.
6. Repealed. Laws 1989, c. 693, § 6.
7. If a sentence to a term of imprisonment in a county jail is consecutive to or is to be followed

by a sentence to a term of imprisonment in the custody of the Department of Corrections, the
court imposing either sentence may order that both be served in the custody of the Department of
Corrections. If a court imposes consecutive terms of imprisonment for Class D or Class E crimes
and the aggregate length of the terms imposed is one year or more, the court may order that they
be served in the custody of the Department of Corrections.
8. Repealed.
9. Subsections in this section that make the sentencing class for a crime one class higher than it
would otherwise be when pled and proved may be applied successively if the subsections to be
applied successively contain different class enhancement factors.
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ME. REV. STAT. ANN. tit. 17-A, § 1301 (2009). Amounts authorized.
1. Repealed. Laws 1989, c. 872, § 3.
1-A. A natural person who has been convicted of a Class A, Class B, Class C, Class D or Class
E crime may be sentenced to pay a fine, unless the law that the person is convicted of violating
expressly provides that the fine and imprisonment penalties it authorizes may not be suspended,
in which case the convicted person must be sentenced to the imprisonment and required to pay
the fine authorized in that law. Subject to these sentences and to section 1302, the fine may not
exceed:
A. $50,000 for a Class A crime;
B. $20,000 for a Class B crime;
C. $5,000 for a Class C crime;
D. $2,000 for a Class D crime;
E. $1,000 for a Class E crime; and
F. Regardless of the classification of the crime, any higher amount that does not exceed
twice the pecuniary gain derived from the crime by the defendant.
2. As used in this section, “pecuniary gain” means the amount of money or the value of property
at the time of the commission of the crime derived by the defendant from the commission of the
crime, less the amount of money or the value of property returned to the victim of the crime or
seized by or surrendered to lawful authority prior to the time sentence is imposed. When the
court imposes a fine based on the amount of gain, the court shall make a finding as to the
defendant's gain from the crime. If the record does not contain sufficient evidence to support a
finding, the court may conduct, in connection with its imposition of sentence, a hearing on this
issue.
3. If the defendant convicted of a crime is an organization and the law that the organization is
convicted of violating expressly provides that the fine it authorizes may not be suspended, the
organization must be sentenced to pay the fine authorized in that law. Otherwise, the maximum
allowable fine that such a defendant may be sentenced to pay is:
A. Any amount for murder;
B. $100,000 for a Class A crime;
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C. $40,000 for a Class B crime;
D. $20,000 for a Class C crime;
E. $10,000 for a Class D crime or a Class E crime; and
F. Any higher amount that does not exceed twice the pecuniary gain derived from the
crime by the convicted organization.
4. Whenever a statute makes the possession of a particular item, whether animate or inanimate, a
criminal offense, the statute may expressly provide that the fine depends upon the quantity of the
item possessed by the defendant. In such case, the fine is as provided for in the statute and is not
subject to the maximum limits placed on fines by subsections 1-A and 3.
5. Notwithstanding any other provision of this section, any person convicted of a crime under
section 1103, 1105-A, 1105-B, 1105-C, 1105-D, 1106 or 1107-A may be sentenced to pay a fine
of an amount equal to the value at the time of the offense of the scheduled drug or drugs upon
which the conviction is based.
When the court imposes a fine under this subsection, the court shall make a finding as to the
value of the scheduled drug or drugs. If the record does not contain sufficient evidence to
support a finding, the court may conduct, in connection with its imposition of a sentence, a
hearing on this issue.
6. In addition to any other authorized sentencing alternative, the court shall impose a minimum
fine of $400, none of which may be suspended, for a person convicted of a crime under section
1103; 1104; 1105-A; 1105-B; 1105-C; 1105-D; 1106; 1107-A; 1108; 1109; 1110; 1111; 1111-A,
subsection 4, paragraph C or D; 1116; 1117; or 1118.
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3. EXEMPTIONS
Civil
keeper and has not been or is not being provided adequate care or continued care by the owner or
keeper.
1-B. Adequate care. “Adequate care” means the ordinary and prudent care that meets the needs
of an animal, including adequately nutritious food, clean water, proper shelter and protection
from the elements and medical care to maintain good health and meet the basic needs of that
species of animal.
5. Repealed. Laws 1993, c. 657, § 2.
animal.
7. Repealed. Laws 2005, c. 510, § 2.
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8. Boarding kennel. “Boarding kennel” means any place, building, tract of land or abode in or on
which 3 or more privately owned companion animals are kept at any one time for their owners in
return for a fee or compensation and includes a facility where 3 or more companion animals are
kept for training purposes for compensation.
tag.
pursuant to law.
12-A. Repealed. Laws 1999, c. 498, § 1.
12-B. Repealed. Laws 2005, c. 510, § 5.

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canine, regardless of generation, resulting from the interbreeding of a member of canis familiaris
with a wolf hybrid as defined in subsection 30.
“Dangerous dog” does not include a dog certified by the State and used for law enforcement use.
“Dangerous dog” does not include a dog that bites or threatens to assault an individual who is on
the dog owner's or keeper's premises if the dog has no prior history of assault and was provoked
by the individual immediately prior to the bite or threatened assault.
the dog.
12-E. Feral cat. “Feral cat” means a cat without owner identification of any kind that consistently
exhibits extreme fear in the presence of people.
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
15-A. Repealed. Laws 1993, c. 657, § 4.
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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.
ratites.
and adequate care and other care generally considered to be ordinary and necessary for the health
and well-being of that species, breed or type of animal.
legal entity.
22-A. Repealed. Laws 1997, c. 690, § 6.
23. Pet shop. “Pet shop” means a place or vehicle in or on which any dogs, cats, 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.
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25. Repealed. Laws 1993, c. 657, § 10.
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clean conditions;
competition;
I. Kills or tortures an animal to frighten or intimidate a person or forces a person to injure

or kill an animal;
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A. A licensed veterinarian or a person certified under Title 17, section 1042 may kill a
cat or dog according to the methods of euthanasia under Title 17, chapter 42, subchapter
IV.

other animals.

Part 13; or
other animals.
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amusement or as a test of skill in marksmanship;
may be suspended.
animal.
relinquishment.
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Criminal
by its owner or keeper and has not been or is not being provided adequate care or continued care
by the owner or keeper.
species of animal.

by any other law.
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5. Repealed. Laws 1993, c. 657, § 43.
7. Repealed. Laws 1999, c. 254, § 18.
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.
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, mushing, 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.
chapter.
pursuant to law.
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12-D. Domestic violence. “Domestic violence” means beating, torturing, mutilating or killing an
animal without justification with the intent to threaten, intimidate, coerce, harass or terrorize a
family or household member.
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.
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ratites.
legal entity.
22-A. Repealed. Laws 1997, c. 690, § 58.
institution.
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or recklessly:
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crime;

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 crime;
Class D crime;
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animal;
abuses an animal.
animal husbandry.
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by a single shot;
animals; and

to other animals.
3-B. Penalties.
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sentence.
section 4011.
or recklessly:
crime;
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sentence.
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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.
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Civil
may be suspended.
animal.
relinquishment.
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Criminal
or recklessly:
crime;

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D crime;
Class D crime;

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animal;
abuses an animal.
animal husbandry.

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by a single shot;
animals; and
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to other animals.
3-B. Penalties.
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.
sentence.
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section 4011.
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ME. REV. STAT. ANN. tit. 19-A, § 4007 (2009). Relief
1. Protection order; consent agreement. The court, after a hearing and upon finding that the
defendant has committed the alleged abuse or engaged in the alleged conduct described in
section 4005, subsection 1, may grant a protective order or, upon making that finding, approve a
consent agreement to bring about a cessation of abuse or the alleged conduct. This subsection
does not preclude the parties from voluntarily requesting a consent agreement without a finding
of abuse. The court may enter a finding that the defendant represents a credible threat to the
physical safety of the plaintiff or a minor child residing in the plaintiff's household. Relief
granted under this section may include:
A. Directing the defendant to refrain from threatening, assaulting, molesting, harassing,

attacking or otherwise abusing the plaintiff and any minor children residing in the
household;
A-1. Directing the defendant not to possess a firearm or other dangerous weapon for the
duration of the order;
A-2. Prohibiting the defendant from the use, attempted use or threatened use of physical
force that would reasonably be expected to cause bodily injury against the plaintiff or a
minor child residing in the household;
B. Directing the defendant to refrain from going upon the premises of the plaintiff's
residence;
C. Directing the defendant to refrain from repeatedly and without reasonable cause:
(1) Following the plaintiff;
(2) Being at or in the vicinity of the plaintiff's home, school, business or place of
employment; or
(3) Engaging in conduct defined as stalking in Title 17-A, section 210-A;
D. Directing the defendant to refrain from having any direct or indirect contact with the
plaintiff;
E. When the mutual residence or household of the parties is jointly owned or jointly
leased or when one party has a duty to support the other or their minor children living in
the residence or household and that party is the sole owner or lessee:
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(1) Granting or restoring possession of the residence or household to one party,
excluding the other; or
(2) A consent agreement, allowing the party with the duty to support to provide
suitable alternate housing;
F. Ordering a division of the personal property and household goods and furnishings of
the parties and placing any protective orders considered appropriate by the court,
including an order to refrain from taking, converting or damaging property in which the
plaintiff has a legal interest;
F-1. Ordering the termination of a life insurance policy or rider under that policy owned
by the defendant if the plaintiff is the insured life under the policy or rider. Upon
issuance, a copy of the court order must be sent to the insurer that issued the policy;
G. Either awarding some or all temporary parental rights and responsibilities with regard
to minor children or awarding temporary rights of contact with regard to minor children,
or both, under such conditions that the court finds appropriate as determined in
accordance with the best interest of the child pursuant to section 1653, subsections 3 to 6-
B. The court's award of parental rights and responsibilities or rights of contact is not
binding in any separate action involving an award of parental rights and responsibilities
pursuant to chapter 55 or in a similar action brought in another jurisdiction exercising
child custody jurisdiction in accordance with the Uniform Child Custody Jurisdiction and
Enforcement Act;
H. Requiring the defendant to receive counseling from a social worker, family service
agency, mental health center, psychiatrist or any other guidance service that the court
considers appropriate. The court may not order and the State may not pay for the
defendant to attend a batterers' intervention program unless the program is certified under
section 4014;
I. Ordering the payment of temporary support for the dependent party or for a child in the
dependent party's custody in accordance with chapter 63, or both, when there is a legal
obligation to support that dependent party or that child, or both;
J. Ordering the payment of temporary support payments to the State as provided in

chapters 63 and 67;
K. Ordering payment of monetary compensation to the abused person for losses suffered
as a direct result of the abuse. Compensatory losses are limited to loss of earnings or
support, reasonable expenses incurred for personal injuries or property damage and
reasonable moving expenses. Upon the motion of either party, for sufficient cause, the
court may set a later hearing on the issue of the amount of damages, if any, to be
awarded;
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L. Ordering the defendant or, if the complaint is dismissed, the plaintiff to pay court costs
or reasonable attorney's fees;
M. Entering any other orders determined necessary or appropriate in the discretion of the
court; or
N. Directing the care, custody or control of any animal owned, possessed, leased, kept or
held by either party or a minor child residing in the household.
If the court enjoins the defendant under this subsection and the enjoined conduct
constitutes harassment under Title 17-A, section 506-A, the court shall include in the
order a warning in conformity with Title 17-A, section 506-A.
1-A. No possession of firearm or dangerous weapons for duration of order. If the court prohibits
the defendant from possessing a dangerous weapon other than a firearm, the court shall specify
the type of weapon the defendant is prohibited from possessing.
If the court prohibits the defendant from possessing a firearm or other dangerous weapon, the
court shall direct the defendant to relinquish, within 24 hours after service of the order on the
defendant or such earlier time as the court specifies in the order, all firearms and specified
dangerous weapons in the possession of the defendant to a law enforcement officer or other
individual for the duration of the order. If the weapons are relinquished to an individual other
than a law enforcement officer, the defendant must file, within 24 hours after such
relinquishment, with the court or local law enforcement agency designated in the order a written
statement that contains the name and address of the individual holding the weapons and a
description of all weapons held by that individual. The court may subsequently issue a search
warrant authorizing a law enforcement officer to seize any firearms and other dangerous
weapons at any location if there is probable cause to believe such firearms or dangerous weapons
have not been relinquished by the defendant.
2. Duration. A protective order or approved consent agreement is for a fixed period not to exceed
2 years. At the expiration of that time, the court may extend an order, upon motion of the
plaintiff, for such additional time as it determines necessary to protect the plaintiff or minor child
from abuse. The court may continue the order in effect until the hearing under section 4006,
subsection 1 on the motion to extend. Upon motion by either party, for sufficient cause, the court
may modify the order or agreement from time to time as circumstances require.
3. Consequences of violation. A protective order or approved consent agreement must indicate,

in a clear and conspicuous manner, the potential consequences of violation of the order or
agreement, as provided in section 4011 and Title 15, section 393, subsection 1, paragraph D, if
applicable.
4. Title to property. An order or agreement may not affect title to any real property.
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5. Bond prohibited. The court may not require the execution of a bond by the plaintiff prior to
issuance of an order of protection.
6. Service of order or consent decree. The court shall order a law enforcement agency; or, if the
defendant is present in the courthouse, a court security officer qualified pursuant to Title 4,
section 17, subsection 15; or, if the defendant is in the custody of the Department of Corrections,
the chief administrative officer or the chief administrative officer's designee at the correctional
facility, to serve the defendant personally with a protective order or consent decree.
7. Mutual order of protection or restraint. The court may not issue a mutual order of protection or
restraint.
8. Action by plaintiff. A plaintiff may extinguish or modify an order only by legal process in
accordance with the Maine Rules of Civil Procedure. Any other action or inaction on the part of
the plaintiff does not alter, diminish or negate the effectiveness of the order. Criminal sanctions
may not be imposed upon the plaintiff for violation of a provision of the plaintiff's order for
protection.
9. Financial accounting. In all proceedings under this chapter, the court shall apply the child
support guidelines in chapter 63 using the information the plaintiff is able to provide the court.
Failure of a party to file an income affidavit may not unnecessarily delay a proceeding and does
not preclude the issuance of an order, except that the court shall require the plaintiff to complete
and file an income affidavit at a final hearing involving child support even if the defendant does
not appear for the hearing.
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may be suspended.
animal.
relinquishment.
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ME. REV. STAT. ANN. tit. 17, § 1021 (2009). Possession of animals
1. Possession. A state veterinarian, humane agent, sheriff, deputy sheriff, constable, police
officer, animal control officer, person authorized to make arrests or the commissioner may apply
to the District Court or the Superior Court for authorization:
A. To take possession of any maimed, disabled, diseased, dehydrated, malnourished or

injured animal or any animal whose owner has abandoned or cruelly treated it and turn
over the animal to the applicant or other suitable person; or
B. To cause the animal to be disposed of humanely.
2. Notice to owner. If the owner is known, a copy of the application must be served upon the
owner with an order of court to appear at a stated time and place to show cause why the animal
should not be taken and turned over to the applicant or other suitable person or disposed of
humanely.
If the owner can not be found by reasonable diligence, or is out of state although a resident of
this State, a copy of the application and order of court must be left at the owner's last and usual
place of abode.
If the owner is not known, then the court shall order a notice to be published at least once in a
newspaper of general circulation in the county where the animal was found, stating the case and
circumstances and giving 48 hours notice of the hearing.
3. Hearing. If it appears at the hearing that the animal has been cruelly abandoned or cruelly
treated by its owner or the animal is maimed, disabled, diseased, dehydrated, malnourished or
injured, the court shall:
A. Direct the applicant or other suitable person to take possession of and provide for the
animal, order its sale, adoption or placement;
B. Order the animal to be disposed of humanely if, given reasonable time and care, the
animal's recovery is doubtful; or
C. If appropriate, allow the animal to be returned to its owner.
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4. Ex parte order. An ex parte order shall be as follows.
A. A state veterinarian, humane agent, sheriff, deputy sheriff, constable, police officer,
animal control officer, person authorized to make arrests or the commissioner may apply
to the District Court, Superior Court or a justice of the peace for an ex parte order for
authorization to take possession of any maimed, disabled, diseased, dehydrated,
malnourished or injured animal or any animal whose owner has abandoned or cruelly
treated it and turn it over to the applicant or any other suitable person.
An order may be entered ex parte upon findings by the court or justice of the peace that
there is a reasonable likelihood that:
(1) The defendant is not subject to the jurisdiction of the court for the purposes of
a hearing or the owner cannot be found by reasonable diligence or is out-of-state
although a resident of this State, and there is a danger that unless immediate
action is taken:
(a) The condition of an injured, overworked, tormented, tortured,

abandoned, poisoned or mutilated animal, or animal deprived of necessary
sustenance, necessary medical attention, proper shelter or protection from
the weather or humanely clean conditions will be substantially impaired or
worsened;
(b) The animal's life will be jeopardized; or
(c) A great degree of medical attention will be necessary to restore the

animal to a normal, healthy condition;
(2) There is a clear danger that if the owner or the owner's agent is notified in
advance of the issuance of the order of court, as provided in subsection 3, the
owner or the owner's agent may remove the animal from the State, conceal it or
otherwise make it unavailable;
(3) There is immediate danger that the owner or the owner's agent will kill or
injure the animal; or
(4) An animal is being or has been injured, overworked, tormented, tortured,

abandoned, poisoned, mutilated, or deprived of necessary sustenance, necessary
medical attention, proper shelter or protection from the weather or humanely
clean conditions and, unless an ex parte order issues allowing the applicant to take
possession of the animal, the animal will die, its condition will be substantially
impaired or worsened or medical attention will be necessary to restore the animal
to a normal, healthy condition.
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B. This subsection does not apply to animals currently being well cared for when
euthanasia is necessary due to old age or to a person's conduct designed to control or
eliminate rodents, ants or other common pests.
C. On 2 days' notice or such shorter period as the court may prescribe, the applicant who
obtained the ex parte order or the owner whose animal has been possessed pursuant to an
ex parte order may appear in the District Court or Superior Court and move the
dissolution or modification of the ex parte order.
The court shall hear and determine the motion as expeditiously as justice requires.
The moving party shall submit an affidavit setting forth specific facts to substantiate such
findings as would serve to modify or dissolve the order. The opposing party shall have
the burden of presenting evidence to substantiate the original findings.
5. Seizure for observation and examination. Seizure of animals for observation and examination
is as follows.
A. Whenever a humane agent, a state veterinarian or a person authorized to make arrests

has reason to believe that an animal may be disabled, diseased, dehydrated or
malnourished, humane agent, state veterinarian or person shall apply to the District Court
or Superior Court for authorization to take possession of the animal and turn it over to the
applicant or other suitable person for examination and observation for a 30-day period.
At the end of 30 days, the court must receive a report from the person in possession of the
animal and either dissolve the possession order or set the matter for hearing within 30
days.
B. If the owner is known, the owner must be advised of the time and place of hearing and
asked to show cause why the animal should not be seized permanently or disposed of
humanely.
C. If the court finds at the hearing that the animal is disabled, diseased, dehydrated or
malnourished, the court shall:
(1) Declare the animal forfeited and order its sale, adoption or donation; or
(2) Order the animal to be disposed of humanely if, given reasonable time and
care, the animal's recovery is doubtful.
5-A. Seizure by state humane agent or state veterinarian without court order. A state humane
agent or a state veterinarian who has reasonable cause to believe that a violation of section 1031
or 1032 has taken place or is taking place may take possession of and retain the cruelly treated
animal. Upon taking possession of an animal under this section, the humane agent or the state
veterinarian shall present the owner with a notice that:
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A. States the reason for seizure;
B. Gives the name, address and phone number of the humane agent or the state
veterinarian to contact for information regarding the animal; and
C. Advises the owner of the ensuing court procedure.
If the owner can not be found, the humane agent or the state veterinarian shall send a copy of the
notice to the owner at the owner's last known address by certified mail, return receipt requested.
If the owner is not known or can not be located, the humane agent or the state veterinarian shall
contact the animal shelter or shelters used by the municipality in which the animal was found.
The humane agent or the state veterinarian shall provide the shelter with a description of the
animal, the date of seizure and the name of a person to contact for more information.
Within 3 working days of possession of the animal, the humane agent or the state veterinarian
shall apply to the court for a possession order. The court shall set a hearing date and that hearing
date must be within 21 days of the date the animal was seized. The humane agent or the state
veterinarian shall arrange care for the animal, including medical treatment, if necessary, pending
the hearing.
The humane agent or the state veterinarian shall notify the owner, if located, of the time and
place of the hearing. If the owner has not been located, the court shall order a notice to be
published at least once in a newspaper of general circulation in the county where the animal was
found stating the case and circumstances and giving 48 hours notice of the hearing.
It is the owner's responsibility at the hearing to show cause why the animal should not be seized
permanently or disposed of humanely. If it appears at the hearing that the animal has been
abandoned or cruelly treated by its owner, the court shall declare the animal forfeited and order
its sale, adoption or donation or order the animal to be disposed of humanely if a veterinarian
determines that the animal is diseased or disabled beyond recovery.
6. Attachment and enforcement of lien. Attachment and enforcement of liens shall be as follows.
A. Any person taking possession of an animal as provided in this subchapter shall have a
lien for expenses as provided in this subsection unless the complaint is dismissed for lack
of merit. If the complaint is dismissed for lack of merit, the board and the municipality
where the possession occurred may share in paying the lienor's expenses.
B. Expenses covered by this subsection include expenses reasonably incident to taking an

animal into custody such as transportation, food, shelter, veterinary care and expenses of
disposing of an animal taken into custody.
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C. The lienor may enforce the lien in the same manner as enforcements of liens on
personal property pursuant to Title 10, chapter 631. In giving judgment for the lien, the
court shall include expenses as set forth in paragraph B, incurred by the lienor from the
date of commencement of proceedings to the entry of judgment or final disposition of the
animal as ordered by the court.
In the event of the sale of the animal, all expenses incurred in transporting, taking,
keeping and caring for the animal shall be deducted from the sale price and the balance,
if any, turned over to the owner.
D. The defendant may appeal as in a civil action, but before appeal is allowed, the
defendant shall give sufficient security to satisfy the applicant or person taking custody of
the animal that he will pay all expenses for its care and support pending appeal.
ME. REV. STAT. ANN. tit. 17, § 1027 (2009). Security for seizure and impoundment of
animals relating to cruelty to animals or animal fighting
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms
have the following meanings.
A. “Authority” means the commissioner or a state veterinarian, humane agent, sheriff,

deputy sheriff, constable, police officer or animal control officer that seizes or impounds
an animal pursuant to section 1021.
2. Show cause hearing. When an animal is lawfully seized or impounded pursuant to section
1021 or 1034, if the owner, custodian or person claiming an interest in the animal wishes to
contest the order, the owner, custodian or person claiming an interest must petition the court for
a show cause hearing. The petition must be filed within 10 days of the date the seizure occurred
or the search warrant was executed. If the owner fails to petition the court for a hearing within 10
days, the animal is ordered forfeited to the State.
Upon petition by the owner, custodian or person claiming an interest in the animal in accordance
with this subsection, the court shall hold a hearing within 10 days of receipt of the petition. Upon
a showing of good cause, the court may extend the time needed to hold the hearing.
3. Post security. If an animal is lawfully seized and impounded, the authority may file a petition
with the court requesting that the person from whom an animal is seized or a person claiming an
interest in the seized animal be ordered to post a security. The authority shall serve a copy of the
petition on the person from whom the animal was seized or, if the person cannot be found, by
posting of copy at the place where the animal was taken into custody. The authority shall also
serve a copy of the petition on the district attorney. The court may order the person from whom
an animal is seized or a person claiming an interest in the seized animal to post a security.
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4. Payment of expenses. The security must be in an amount sufficient to secure payment for all
reasonable expenses to be incurred by the authority having custody of the seized animal for a
period of at least 30 days. The court upon the recommendation of the authority shall determine
the amount of the security. Reasonable expenses include, but are not limited to, estimated
medical care, shelter and board.
5. Draw actual reasonable costs. When security is posted in accordance with this section, the
authority may draw from the security the actual reasonable costs incurred for medical care,
shelter, board and record keeping.
6. Post with clerk. If the court orders the posting of security, the security must be posted with the
clerk within 10 business days of the show cause hearing. The court shall order the immediate
forfeiture of the seized animal to the authority if the person fails to post security as ordered. The
court may waive the security requirement or reduce the amount of the security for good cause
shown.
7. Disposition of animal. Posting of the security does not prevent the authority from disposing of
the seized or impounded animal before the expiration of the period covered by the security, if the
court rules in favor of the authority.
8. Order denied. The authority may humanely dispose of the animal at the end of the period for
which expenses are covered by the security, if the court orders the disposition. If the disposition
order is denied, the court may require the owner or custodian or any other person claiming
interest in the animal to provide additional security to secure payment of reasonable expenses
and to extend the period of time pending adjudication by the court of the charges against the
person from whom the animal was seized.
9. Recover damages. The owner or custodian of an animal humanely killed pursuant to this
section is not entitled to recover damages or the actual value of the animal if the owner or
custodian failed to post security.
10. Refund. The court may direct a refund to the person who posted the security in whole or in
part for expenses not incurred by the authority. The court may direct a refund to the person who
posted security upon acquittal of the charges.
or recklessly:
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crime;


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D crime;
Class D crime;

animal;
abuses an animal.
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animal husbandry.

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by a single shot;
animals; and

to other animals.

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3-B. Penalties.
sentence.
section 4011.
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humanely.
place of abode.
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action is taken:

worsened;


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is as follows.

malnourished, humane agent, state veterinarian or person shall apply to the District
Court or Superior Court for authorization to take possession of the animal and turn it
over to the applicant or other suitable person for examination and observation for a 30-
day period. At the end of 30 days, the court must receive a report from the person in
possession of the animal and either dissolve the possession order or set the matter for
hearing within 30 days.
humanely.
agent or a state veterinarian who has reasonable cause to believe that a violation of section
1031 or 1032 has taken place or is taking place may take possession of and retain the cruelly
treated animal. Upon taking possession of an animal under this section, the humane agent or the
state veterinarian shall present the owner with a notice that:
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If the owner can not be found, the humane agent or the state veterinarian shall send a copy of
the notice to the owner at the owner's last known address by certified mail, return receipt
requested. If the owner is not known or can not be located, the humane agent or the state
veterinarian shall contact the animal shelter or shelters used by the municipality in which the
animal was found. The humane agent or the state veterinarian shall provide the shelter with a
description of the animal, the date of seizure and the name of a person to contact for more
information.
shall apply to the court for a possession order. The court shall set a hearing date and that
hearing date must be within 21 days of the date the animal was seized. The humane agent or the
state veterinarian shall arrange care for the animal, including medical treatment, if necessary,
pending the hearing.

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keeping and caring for the animal shall be deducted from the sale price and the balance, if
any, turned over to the owner.
defendant shall give sufficient security to satisfy the applicant or person taking custody
of the animal that he will pay all expenses for its care and support pending appeal.
ME. REV. STAT. ANN. tit. 17, § 1034 (2009). Application for search warrant
A law enforcement officer or humane agent, having probable cause to believe that a violation of
section 1031, 1032 or 1033 has taken place or is taking place, shall enter the premises where the
animal is kept with the consent of the owner or shall make application for a search warrant. If
the judge or justice of the peace is satisfied that probable cause exists, he shall issue a search
warrant directing a law enforcement officer or humane agent in the county to proceed
immediately to the location of the alleged violation and directing the law enforcement officer or
humane agent to search the place designated in the warrant, retaining in his custody, subject to
the order of the court, such property or things as specified in the warrant, including any animal.
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Civil
may be suspended.
animal.
relinquishment.
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Criminal

humanely.
place of abode.

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action is taken:

abandoned, poisoned or mutilated animal, or animal deprived of
necessary sustenance, necessary medical attention, proper shelter or
protection from the weather or humanely clean conditions will be
substantially impaired or worsened;


clean conditions and, unless an ex parte order issues allowing the applicant to
take possession of the animal, the animal will die, its condition will be
substantially impaired or worsened or medical attention will be necessary to
restore the animal to a normal, healthy condition.
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obtained the ex parte order or the owner whose animal has been possessed pursuant to
an ex parte order may appear in the District Court or Superior Court and move the
is as follows.

days.
humanely.
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If the owner can not be found, the humane agent or the state veterinarian shall send a copy of
the notice to the owner at the owner's last known address by certified mail, return receipt
requested. If the owner is not known or can not be located, the humane agent or the state
veterinarian shall contact the animal shelter or shelters used by the municipality in which the
animal was found. The humane agent or the state veterinarian shall provide the shelter with a
description of the animal, the date of seizure and the name of a person to contact for more
information.
shall apply to the court for a possession order. The court shall set a hearing date and that
hearing date must be within 21 days of the date the animal was seized. The humane agent or the
state veterinarian shall arrange care for the animal, including medical treatment, if necessary,
pending the hearing.
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or the search warrant was executed. If the owner fails to petition the court for a hearing within
10 days, the animal is ordered forfeited to the State.
Upon petition by the owner, custodian or person claiming an interest in the animal in
accordance with this subsection, the court shall hold a hearing within 10 days of receipt of the
petition. Upon a showing of good cause, the court may extend the time needed to hold the
hearing.
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shown.
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or recklessly:
crime;

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D crime;
Class D crime;

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animal;
abuses an animal.
animal husbandry.


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by a single shot;
animals; and

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to other animals.
3-B. Penalties.
sentence.
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section 4011.
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ME. REV. STAT. ANN. tit. 22, § 3477 (2009). Persons mandated to report suspected abuse,
neglect or exploitation
1. Report required. The following persons immediately shall report to the department when the
person has reasonable cause to suspect that an incapacitated or dependent adult has been or is
at substantial risk of abuse, neglect or exploitation:
A. While acting in a professional capacity:
(1) An allopathic or osteopathic physician;
(2) A medical intern;
(3) A medical examiner;
(4) A physician's assistant;
(5) A dentist;
(6) A chiropractor;
(7) A podiatrist;
(8) A registered or licensed practical nurse;
(9) A certified nursing assistant;
(10) A social worker;
(11) A psychologist;
(12) A pharmacist;
(13) A physical therapist;
(14) A speech therapist;
(15) An occupational therapist;
(16) A mental health professional;
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(17) A law enforcement official;
(18) Emergency room personnel;
(19) An ambulance attendant;
(20) An emergency medical technician;
(21) Unlicensed assistive personnel;
(22) A humane agent employed by the Department of Agriculture, Food and Rural
Resources;
(23) A clergy member acquiring the information as a result of clerical

professional work except for information received during confidential
communications;
(24) A sexual assault counselor; or
(25) A family or domestic violence victim advocate;
B. Any person who has assumed full, intermittent or occasional responsibility for the care
or custody of the incapacitated or dependent adult, regardless of whether the person
receives compensation; or
C. Any person affiliated with a church or religious institution who serves in an

administrative capacity or has otherwise assumed a position of trust or responsibility to
the members of that church or religious institution, while acting in that capacity,
regardless of whether the person receives compensation.
The duty to report under this subsection applies to individuals who must report directly to
the department. A supervisor or administrator of a person making a report under this
section may not impede or inhibit the reporting, and a person making a report may not be
subject to any sanction for making a report. Internal procedures to facilitate, ensure
confidentiality of and apprise supervisors and administrators of reports may be
established as long as those procedures are not inconsistent with this chapter.
1-A. Permitted reporters. An animal control officer, as defined in Title 7, section 3907,
subsection 4, may report to the department when that person has reasonable cause to suspect that
an incapacitated or dependent adult has been or is at substantial risk of abuse, neglect or
exploitation.
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2. Reports. Reports regarding abuse, neglect or exploitation must be made immediately by
telephone to the department and must be followed by a written report within 48 hours if
requested by the department. The reports must contain the name and address of the involved
adult; information regarding the nature and extent of the abuse, neglect or exploitation; the
source of the report; the person making the report; that person's occupation; and where that
person can be contacted. The report may contain any other information that the reporter believes
may be helpful.
3. Confidentiality in case of treatment of individual suspected of causing abuse, neglect or

exploitation. This section does not require any person acting in that person's professional
capacity to report when all of the following requirements are met:
A. The factual basis for knowing or suspecting abuse, neglect or exploitation of an adult
covered under this subchapter derives from the professional's treatment of the individual
suspected of causing the abuse, neglect or exploitation;
B. The treatment was sought by the individual for a problem relating to the abuse, neglect
or exploitation; and
C. In the opinion of the person required to report, the abused, neglected or exploited
adult's life or health is not immediately threatened.
4. Confidentiality in case of treatment of individual suspected of being abused, neglected or

exploited. This section does not require any person acting in that person's professional capacity
to report when all of the following requirements are met:
suspected of being abused, neglected or exploited;
C. In the opinion of the person required to report, the individual is not incapacitated and
the individual's life or health is not immediately threatened.
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5. Permissive reporting of animal cruelty, abuse or neglect. Notwithstanding any other provision
of state law imposing a duty of confidentiality, a person listed in subsection 1 may report a
reasonable suspicion of animal cruelty, abuse or neglect to the local animal control officer or to
the animal welfare program of the Department of Agriculture, Food and Rural Resources
established pursuant to Title 7, section 3902. For purposes of this subsection, the reporter shall
disclose only such limited confidential information as is necessary for the local animal control
officer or animal welfare program employee to identify the animal's location and status and the
owner's name and address. For purposes of this subsection, “ cruelty, abuse or neglect” has the
same meaning as provided in Title 34-B, section 1901, subsection 1, paragraph B. A reporter
under this subsection may assert immunity from civil and criminal liability under Title 34-B,
chapter 1, subchapter 6.
ME. REV. STAT. ANN. tit. 22, § 4011-A (2009). Reporting of suspected abuse or neglect
1. Required report to department. The following adult persons shall immediately report or cause
a report to be made to the department when the person knows or has reasonable cause to
suspect that a child has been or is likely to be abused or neglected:
A. When acting in a professional capacity:
1) An allopathic or osteopathic physician, resident or intern;
2) An emergency medical services person;
3) A medical examiner;
4) A physician's assistant;
5) A dentist;
6) A dental hygienist;
7) A dental assistant;
8) A chiropractor;
9) A podiatrist;
10) A registered or licensed practical nurse;
11) A teacher;
12) A guidance counselor;

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13) A school official;
14) A children's summer camp administrator or counselor;
15) A social worker;
16) A court-appointed special advocate or guardian ad litem for the child;
17) A homemaker;
18) A home health aide;
19) A medical or social service worker;
20) A psychologist;
21) Child care personnel;
22) A mental health professional;
23) A law enforcement official;
24) A state or municipal fire inspector;
25) A municipal code enforcement official;
26) A commercial film and photographic print processor;
27) A clergy member acquiring the information as a result of clerical professional

work except for information received during confidential communications;
28) A chair of a professional licensing board that has jurisdiction over mandated
reporters; and
29) A humane agent employed by the Department of Agriculture, Food and Rural
Resources;
(30) A sexual assault counselor;
(31) A family or domestic violence victim advocate; and
(32) A school bus driver or school bus attendant.
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or custody of the child, regardless of whether the person receives compensation; and

Whenever a person is required to report in a capacity as a member of the staff of a

medical or public or private institution, agency or facility, that person immediately shall
notify either the person in charge of the institution, agency or facility or a designated
agent who then shall cause a report to be made. The staff also may make a report directly
to the department.
subsection 4, may report to the department when that person knows or has reasonable cause to
suspect that a child has been or is likely to be abused or neglected.
2. Required report to district attorney. When, while acting in a professional capacity, any person
required to report under this section knows or has reasonable cause to suspect that a child has
been abused or neglected by a person not responsible for the child, the person immediately shall
report or cause a report to be made to the appropriate district attorney's office.
3. Optional report. Any person may make a report if that person knows or has reasonable cause
to suspect that a child has been or is likely to be abused or neglected.
4. Mental health treatment. When a licensed mental health professional is required to report
under subsection 1 and the knowledge or reasonable cause to suspect that a child has been or is
likely to be abused or neglected comes from treatment of a person responsible for the abuse or
neglect, the licensed mental health professional shall report to the department in accordance with
subsection 1 and under the following conditions.
A. The department shall consult with the licensed mental health professional who has
made the report and shall attempt to reach agreement with the mental health professional
as to how the report is to be pursued. If agreement is not reached, the licensed mental
health professional may request a meeting under paragraph B.
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B. Upon the request of the licensed mental health professional who has made the report,
after the department has completed its investigation of the report under section 4021 or
has received a preliminary protection order under section 4034 and when the department
plans to initiate or has initiated a jeopardy order under section 4035 or plans to refer or
has referred the report to law enforcement officials, the department shall convene at least
one meeting of the licensed mental health professional who made the report, at least one
representative from the department, a licensed mental health professional with expertise
in child abuse or neglect and a representative of the district attorney's office having
jurisdiction over the report, unless that office indicates that prosecution is unlikely.
C. The persons meeting under paragraph B shall make recommendations regarding

treatment and prosecution of the person responsible for the abuse or neglect. The persons
making the recommendations shall take into account the nature, extent and severity of
abuse or neglect, the safety of the child and the community and needs of the child and
other family members for treatment of the effects of the abuse or neglect and the
willingness of the person responsible for the abuse or neglect to engage in treatment. The
persons making the recommendations may review or revise these recommendations at
their discretion.
The intent of this subsection is to encourage offenders to seek and effectively utilize treatment
and, at the same time, provide any necessary protection and treatment for the child and other
family members.
5. Photographs of visible trauma. Whenever a person is required to report as a staff member of a

law enforcement agency or a hospital, that person shall make reasonable efforts to take, or cause
to be taken, color photographs of any areas of trauma visible on a child.
A. The taking of photographs must be done with minimal trauma to the child and in a
manner consistent with professional standards. The parent's or custodian's consent to the
taking of photographs is not required.
B. Photographs must be made available to the department as soon as possible. The

department shall pay the reasonable costs of the photographs from funds appropriated for
child welfare services.
C. The person shall notify the department as soon as possible if that person is unable to
take, or cause to be taken, these photographs.
D. Designated agents of the department may take photographs of any subject matter
when necessary and relevant to an investigation of a report of suspected abuse or neglect
or to subsequent child protection proceedings.
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owner's name and address. For purposes of this subsection, "cruelty, abuse or neglect" has the
ME. REV. STAT. ANN. tit. 34-B, § 1901 (2009). Animal cruelty, abuse or neglect; reporting
1. Definitions.
As used in this subchapter, unless the context otherwise indicates, the following terms have the
following meanings.
A. “Animal” means every living, sentient creature not a human being.
B. “Cruelty, abuse or neglect” means every act, omission or instance of neglect when
unnecessary or unjustifiable pain or suffering is caused or permitted.
C. “Owner” means a person, firm, partnership, association or corporation owning,

keeping or harboring an animal.
D. “Reasonably suspect” means to hold an objectively reasonable suspicion based upon

facts that would cause a reasonable person in a like position to draw on that person’s
training or experience to suspect animal cruelty, abuse or neglect.
2. Report.
An employee of a state-funded child or adult protective services agency or other social service
agency, including those providing mental health services that are funded or licensed by the
department, while acting in the employee’s professional capacity or within the scope of the
employee’s employment, who has knowledge of or observes an animal that the employee knows
or reasonably suspects has been the victim of cruelty, abuse or neglect may report the known or
reasonably suspected animal cruelty, abuse or neglect to the local animal control officer or to
established pursuant to Title 7, section 3902.
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3. Duty.
Nothing in this section may be construed to impose a duty to investigate known or reasonably
suspected animal cruelty, abuse or neglect.
4. Immunity from liability.
A person participating in good faith in reporting under this subchapter is immune from any civil
or criminal liability that might otherwise result from these actions, including, but not limited to,
any civil or criminal liability that might otherwise arise under state or local laws or rules
regarding confidentiality of information.
In a proceeding regarding immunity from liability, there is a rebuttable presumption of good

faith.
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ME. REV. STAT. ANN. tit. 7, § 4018 (2009). Report of suspected cruelty
1. Report by veterinarian. Except as provided in subsection 1-A, a veterinarian licensed in

accordance with Title 32, chapter 71-A who, while acting in a professional capacity, has
reasonable cause to suspect that an animal is the subject of cruelty or neglect in violation of this
chapter or Title 17, chapter 42 may report the suspected violation to the commissioner or the
commissioner's designee. A veterinarian making a report under this section may appear and
testify in a judicial or administrative proceeding concerning the condition or care of the animal.
1-A. Report by veterinarian required. A veterinarian licensed in accordance with Title 32,
chapter 71-A who, while acting in a professional capacity, has reasonable cause to suspect that
an animal is the subject of aggravated cruelty under Title 17, section 1031, subsection 1-B shall
report the suspected violation to the commissioner or the commissioner's designee. A
veterinarian making a report under this section may appear and testify in a judicial or
administrative proceeding concerning the condition or care of the animal.
2. Immunity. A veterinarian reporting or testifying under this section is immune from criminal or
civil liability or professional disciplinary action that might otherwise result from these actions.
The immunity from liability for releasing confidential information applies only to the release of
information to the court or to the department, an animal control officer, attorney for the State or
law enforcement agency involved in the investigation.
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ME. REV. STAT. ANN. tit. 17, § 1022 (2009). Prevention of cruelty.
The commissioner or any person authorized to make arrests may lawfully interfere to prevent the
perpetration of any act of cruelty upon an animal in that person's presence.
ME. REV. STAT. ANN. tit. 17, § 1023 (2009). Investigation and reporting of cruelty.
1. Investigations; reports. Law enforcement officers, animal control officers and humane agents
shall investigate alleged violations of Title 7, chapter 739 and this chapter. The commissioner
shall maintain a record of each alleged case of cruelty to animals investigated by a humane
agent. The commissioner shall report annually on the disposition of cases as required under
Title 7, section 3906-B.
A law enforcement officer or animal control officer who investigates a case of alleged cruelty to
animals and pursues a civil or criminal action based on that investigation shall report to the
commissioner on the final disposition of the case.
2. Repealed. Laws 1997, c. 690, § 67.
3. Cooperation between agencies. For the purposes of this section, law enforcement officers, the
commissioner or the commissioner's designee, humane agents, a state veterinarian and certified
animal control officers may exchange information and reports pertaining to an investigation of
cruelty to animals pursuant to Title 16, chapter 3, subchapter VIII.
ME. REV. STAT. ANN. tit. 17, § 1024 (2009). Impeding the performance of an officer.
It is unlawful for a person to assault, resist, oppose, impede, intimidate or interfere with a
person engaged in or on account of the performance of that person's official duties under this
subchapter.
or recklessly:
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crime;


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D crime;
Class D crime;

animal;
abuses an animal.
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animal husbandry.

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by a single shot;
animals; and

to other animals.

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3-B. Penalties.
sentence.
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
section 4011.
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or recklessly:
crime;
sentence.
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animal is kept with the consent of the owner or shall make application for a search warrant. If
the judge or justice of the peace is satisfied that probable cause exists, he shall issue a search
warrant directing a law enforcement officer or humane agent in the county to proceed
immediately to the location of the alleged violation and directing the law enforcement officer or
humane agent to search the place designated in the warrant, retaining in his custody, subject to
the order of the court, such property or things as specified in the warrant, including any animal.
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12. SEXUAL ASSAULT
or recklessly:
crime;

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D crime;
Class D crime;


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animal;
abuses an animal.
animal husbandry.

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by a single shot;
animals; and

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to other animals.
3-B. Penalties.
sentence.
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section 4011.
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13. FIGHTING
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.
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keeper and has not been or is not being provided adequate care or continued care by the owner or
keeper.
species of animal.
5. Repealed. Laws 1993, c. 657, § 2.
animal.
7. Repealed. Laws 2005, c. 510, § 2.
8. Boarding kennel. “Boarding kennel” means any place, building, tract of land or abode in or on
which 3 or more privately owned companion animals are kept at any one time for their owners in
return for a fee or compensation and includes a facility where 3 or more companion animals are
kept for training purposes for compensation.
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tag.
pursuant to law.
12-A. Repealed. Laws 1999, c. 498, § 1.
12-B. Repealed. Laws 2005, c. 510, § 5.
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“Dangerous dog” does not include a dog certified by the State and used for law enforcement use.
“Dangerous dog” does not include a dog that bites or threatens to assault an individual who is on
the dog owner's or keeper's premises if the dog has no prior history of assault and was provoked
by the individual immediately prior to the bite or threatened assault.
the dog.
12-E. Feral cat. “Feral cat” means a cat without owner identification of any kind that consistently
exhibits extreme fear in the presence of people.
15-A. Repealed. Laws 1993, c. 657, § 4.
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ratites.
legal entity.
22-A. Repealed. Laws 1997, c. 690, § 6.
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25. Repealed. Laws 1993, c. 657, § 10.
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clean conditions;
competition;
I. Kills or tortures an animal to frighten or intimidate a person or forces a person to injure

or kill an animal;
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A. A licensed veterinarian or a person certified under Title 17, section 1042 may kill a cat
or dog according to the methods of euthanasia under Title 17, chapter 42, subchapter IV.

other animals.

Part 13; or
other animals.
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amusement or as a test of skill in marksmanship;
health.
source.
animal with necessary medical attention when the animal is or has been suffering from illness,
injury, disease, excessive parasitism or malformed or overgrown hoof.
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ME. REV. STAT. ANN. tit. 7, § 4015 (2009). Proper shelter and protection from the weather
A person owning, keeping or responsible for confining or impounding any animal shall provide
the animal with proper shelter and protection from the weather.
1. Indoor standards. Minimum indoor standards of shelter are as set out in this subsection.
A. The ambient temperature must be compatible with the health of the animal.
B. Indoor housing facilities must be adequately ventilated by natural or mechanical

C. An animal contained in an indoor enclosure must be removed from the indoor

enclosure daily and provided with a safe environment to allow the exercise needs of the
animal to be met in a manner appropriate for the age, size and breed of the animal.
2. Outdoor standards. Minimum outdoor standards of shelter are as set out in this subsection.
A. Sufficient shade by natural or artificial means must be provided to protect an animal

from direct sunlight. This paragraph does not apply to livestock confined by farm
fencing.
B. Except as provided in subsections 5 and 6, shelter from inclement weather must be as

set out in this paragraph.

appropriate to the local climatic conditions and for the species and breed of the
weather and, in particular, from severe cold and direct sunlight. Inadequate shelter
from cold 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.
position.
C. An animal may not be confined in a building, enclosure of any kind, car, boat,
vehicle, trailer, camper or vessel of any kind when extreme heat or extreme cold will be
harmful to its health.
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3. Space standards. Minimum space requirements for both indoor and outdoor enclosures
A. The housing facilities must be structurally sound and maintained in good repair to
B. Enclosures must be constructed and maintained to provide sufficient space to allow

4. Repealed.
B, subparagraph (1). For purposes of this subsection, “livestock” includes large game as defined
in section 1341, subsection 5 kept at a licensed commercial large game shooting area as defined
in section 1341, subsection 1.
6. 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 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, must contain
clean bedding material sufficient to retain the dog’s normal body heat and must be
accessible to the dog at all times; 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 arctic breeds, 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 arctic breeds, the chain or
tether must be:
base of its tail if the anchor is stationary; or
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base of its tail if the anchor is a pivot point allowing a 360° 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.
may be suspended.
animal.
relinquishment.
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ME. REV. STAT. ANN. tit. 7, § 4018 (2009). Report of suspected cruelty
1. Report by veterinarian. Except as provided in subsection 1-A, a veterinarian licensed in

accordance with Title 32, chapter 71-A who, while acting in a professional capacity, has
reasonable cause to suspect that an animal is the subject of cruelty or neglect in violation of this
chapter or Title 17, chapter 42 may report the suspected violation to the commissioner or the
commissioner's designee. A veterinarian making a report under this section may appear and
testify in a judicial or administrative proceeding concerning the condition or care of the animal.
1-A. Report by veterinarian required. A veterinarian licensed in accordance with Title 32,
chapter 71-A who, while acting in a professional capacity, has reasonable cause to suspect that
an animal is the subject of aggravated cruelty under Title 17, section 1031, subsection 1-B shall
report the suspected violation to the commissioner or the commissioner's designee. A
veterinarian making a report under this section may appear and testify in a judicial or
administrative proceeding concerning the condition or care of the animal.
2. Immunity. A veterinarian reporting or testifying under this section is immune from criminal or
civil liability or professional disciplinary action that might otherwise result from these actions.
The immunity from liability for releasing confidential information applies only to the release of
information to the court or to the department, an animal control officer, attorney for the State or
law enforcement agency involved in the investigation.
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by its owner or keeper and has not been or is not being provided adequate care or continued care
by the owner or keeper.
species of animal.

by any other law.
5. Repealed. Laws 1993, c. 657, § 43.
7. Repealed. Laws 1999, c. 254, § 18.
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.
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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, mushing, 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.
chapter.
pursuant to law.
12-D. Domestic violence. “Domestic violence” means beating, torturing, mutilating or killing an
animal without justification with the intent to threaten, intimidate, coerce, harass or terrorize a
family or household member.
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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.
ratites.
legal entity.
22-A. Repealed. Laws 1997, c. 690, § 58.

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institution.
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humanely.
place of abode.
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action is taken:

worsened;


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is as follows.

days.
humanely.
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If the owner can not be found, the humane agent or the state veterinarian shall send a copy of the
notice to the owner at the owner's last known address by certified mail, return receipt requested.
If the owner is not known or can not be located, the humane agent or the state veterinarian shall
contact the animal shelter or shelters used by the municipality in which the animal was found.
The humane agent or the state veterinarian shall provide the shelter with a description of the
animal, the date of seizure and the name of a person to contact for more information.
shall apply to the court for a possession order. The court shall set a hearing date and that hearing
date must be within 21 days of the date the animal was seized. The humane agent or the state
veterinarian shall arrange care for the animal, including medical treatment, if necessary, pending
the hearing.

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ME. REV. STAT. ANN. tit. 17, § 1022 (2009). Prevention of cruelty.
The commissioner or any person authorized to make arrests may lawfully interfere to prevent the
perpetration of any act of cruelty upon an animal in that person's presence.
ME. REV. STAT. ANN. tit. 17, § 1023 (2009). Investigation and reporting of cruelty.
1. Investigations; reports. Law enforcement officers, animal control officers and humane agents
shall investigate alleged violations of Title 7, chapter 739 and this chapter. The commissioner
shall maintain a record of each alleged case of cruelty to animals investigated by a humane
agent. The commissioner shall report annually on the disposition of cases as required under Title
7, section 3906-B.
A law enforcement officer or animal control officer who investigates a case of alleged cruelty to
animals and pursues a civil or criminal action based on that investigation shall report to the
commissioner on the final disposition of the case.
2. Repealed. Laws 1997, c. 690, § 67.
3. Cooperation between agencies. For the purposes of this section, law enforcement officers, the
commissioner or the commissioner's designee, humane agents, a state veterinarian and certified
animal control officers may exchange information and reports pertaining to an investigation of
cruelty to animals pursuant to Title 16, chapter 3, subchapter VIII.
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ME. REV. STAT. ANN. tit. 17, § 1024 (2009). Impeding the performance of an officer.
It is unlawful for a person to assault, resist, oppose, impede, intimidate or interfere with a person
engaged in or on account of the performance of that person's official duties under this
subchapter.
ME. REV. STAT. ANN. tit. 17, § 1025 (2009). Handling of animals seized or held.
1. Handling of animals. No humane agent, animal control officer, animal shelter, pound, animal
care center, humane society or veterinarian and anyone acting under their authority and having
possession of any animal by reason of his office may:
A. Provide or supply dealers, commercial kennels or laboratories with the animal; or
B. Give, release, sell, trade, loan, transfer or otherwise provide any live animal to any
individual, firm, association, corporation, educational institution, laboratory, medical
facility or anyone else for purposes of experimentation or vivisection.
2. Livestock. Livestock to be sold at public auction is exempt from this section.

or the search warrant was executed. If the owner fails to petition the court for a hearing within 10
days, the animal is ordered forfeited to the State.
Upon petition by the owner, custodian or person claiming an interest in the animal in accordance
with this subsection, the court shall hold a hearing within 10 days of receipt of the petition. Upon
a showing of good cause, the court may extend the time needed to hold the hearing.
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shown.
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or recklessly:
crime;

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D crime;
Class D crime;

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animal;
abuses an animal.
animal husbandry.


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by a single shot;
animals; and

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to other animals.
3-B. Penalties.
sentence.
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section 4011.
or recklessly:
crime;
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sentence.
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.
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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.
animal is kept with the consent of the owner or shall make application for a search warrant. If the
judge or justice of the peace is satisfied that probable cause exists, he shall issue a search warrant
directing a law enforcement officer or humane agent in the county to proceed immediately to the
location of the alleged violation and directing the law enforcement officer or humane agent to
search the place designated in the warrant, retaining in his custody, subject to the order of the
court, such property or things as specified in the warrant, including any animal.
health.
source.
3. Penalty. Failure to provide a sufficient supply of food or water is a Class D crime.
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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

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.

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.
weather and, in particular, from severe cold and direct sunlight. Inadequate shelter
from cold 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.
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position.
C. Repealed. Laws 2007, c. 702, § 50.
3. Space standards. Minimum space requirements for both indoor and outdoor enclosures shall
A. The housing facilities shall be structurally sound and maintained in good repair to
B. Enclosures shall be constructed and maintained to provide sufficient space to allow

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.
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 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
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B. The chain or tether must be attached to both the dog and the anchor using swivels or sim ilar
devices that prevent the chain or tether frombecoming 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:
its tail if the anchor is stationary; or
its tail if the anchor is a pivot point allowing a 360` area of movement.
For the purposes of this subsection, "prim ary means of confinem ent" means the m ethod 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 anarctic 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.
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.
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.
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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.
ME. REV. STAT. ANN. tit. 17A, § 1252 (2009). Imprisonment for crimes other than murder
1. In the case of a person convicted of a crime other than murder, the court may sentence to
imprisonment for a definite term as provided for in this section, unless the statute which the
person is convicted of violating expressly provides that the fine and imprisonment penalties it
authorizes may not be suspended, in which case the convicted person shall be sentenced to
imprisonment and required to pay the fine authorized therein. Except as provided in subsection
7, the place of imprisonment must be as follows.
A. For a Class D or Class E crime the court must specify a county jail as the place of
imprisonment.
B. For a Class A, Class B or Class C crime the court must:
(1) Specify a county jail as the place of imprisonment if the term of imprisonment
is 9 months or less; or
(2) Commit the person to the Department of Corrections if the term of

imprisonment is more than 9 months.
C. Repealed. Laws 1995, c. 425, § 2.
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2. The court shall set the term of imprisonment as follows:
A. In the case of a Class A crime, the court shall set a definite period not to exceed 30
years;
B. In the case of a Class B crime, the court shall set a definite period not to exceed 10
years;
C. In the case of a Class C crime, the court shall set a definite period not to exceed 5
years;
D. In the case of a Class D crime, the court shall set a definite period of less than one
year; or
E. In the case of a Class E crime, the court shall set a definite period not to exceed 6
months.
2-A. Repealed. 1977, c. 510, § 76.
3. The court may add to the sentence of imprisonment a restitution order as is provided for in
chapter 49, section 1204, subsection 2-A, paragraph B. In such cases, it shall be the
responsibility of the Department of Corrections to determine whether the order has been
complied with and consideration shall be given in the department's administrative decisions
concerning the imprisoned person as to whether the order has been complied with.
3-A. At the request of or with the consent of a convicted person, a sentence of imprisonment
under this chapter in a county jail or a sentence of probation involving imprisonment in a county
jail under chapter 49 may be ordered to be served intermittently.
4. If the State pleads and proves that a Class B, C, D or E crime was committed with the use of a
dangerous weapon then the sentencing class for such crime is one class higher than it would
otherwise be. In the case of a Class A crime committed with the use of a dangerous weapon,
such use should be given serious consideration by the court in exercising its sentencing
discretion. This subsection does not apply to a violation or an attempted violation of section 208,
to any other offenses to which use of a dangerous weapon serves as an element or to any offense
for which the sentencing class is otherwise increased because the actor or an accomplice to that
actor's or accomplice's knowledge is armed with a firearm or other dangerous weapon.
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4-A. If the State pleads and proves that, at the time any crime, excluding murder, under chapter
9, 11, 13 or 27; section 402-A, subsection 1, paragraph A; or section 752-A or 752-C was
committed, the defendant had 2 or more prior convictions under chapter 9, 11, 13 or 27; section
402-A, subsection 1, paragraph A; or section 752-A or 752-C or for engaging in substantially
similar conduct in another jurisdiction, the sentencing class for the crime is one class higher than
it would otherwise be. In the case of a Class A crime, the sentencing class is not increased, but
the prior record must be given serious consideration by the court when imposing a sentence.
Section 9-A governs the use of prior convictions when determining a sentence, except that, for
the purposes of this subsection, for violations under chapter 11, the dates of prior convictions
may have occurred at any time. This subsection does not apply to section 210-A if the prior
convictions have already served to enhance the sentencing class under section 210-A, subsection
1, paragraph C or any other offense in which prior convictions have already served to enhance
the sentencing class.
4-B. If the State pleads and proves that the defendant is a repeat sexual assault offender, the
court, notwithstanding subsection 2, may set a definite period of imprisonment for any term of
years.
A. As used in this section, “repeat sexual assault offender” means a person who commits
a new gross sexual assault after having been convicted previously and sentenced for any
of the following:
(1) Gross sexual assault, formerly denominated as gross sexual misconduct;
(2) Rape;
(3) Attempted murder accompanied by sexual assault;
(4) Murder accompanied by sexual assault; or
(5) Conduct substantially similar to a crime listed in subparagraph (1), (2), (3) or
(4) that is a crime under the laws of another jurisdiction.
The date of sentencing is the date of the oral pronouncement of the sentence by the trial
court, even if an appeal is taken.
B. “Accompanied by sexual assault” as used with respect to attempted murder, murder

and crimes involving substantially similar conduct in another jurisdiction is satisfied if it
was definitionally an element of the crime or was pleaded and proved beyond a
reasonable doubt at trial by the State or another jurisdiction.
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4-C. If the State pleads and proves that a Class A crime of gross sexual assault was committed by
a person who had previously been convicted and sentenced for a Class B or Class C crime of
unlawful sexual contact, or an essentially similar crime in another jurisdiction, that prior
conviction must be given serious consideration by the court in exercising its sentencing
discretion.
4-D. If the State pleads and proves that a crime under section 282 was committed against a
person who had not attained 12 years of age, the court, in exercising its sentencing discretion,
shall give the age of the victim serious consideration.
4-E. If the State pleads and proves that a crime under section 253 was committed against a
person who had not yet attained 12 years of age, the court, notwithstanding subsection 2, shall
impose a definite term of imprisonment for any term of years. In determining the basic term of
imprisonment as the first step in the sentencing process, the court shall select a term of at least
20 years.
5. Notwithstanding any other provision of this code, except as provided in this subsection, if the
State pleads and proves that a Class A, B or C crime was committed with the use of a firearm
against a person, the minimum sentence of imprisonment, which may not be suspended, is as
follows: When the sentencing class for the crime is Class A, the minimum term of imprisonment
is 4 years; when the sentencing class for the crime is Class B, the minimum term of
imprisonment is 2 years; and when the sentencing class for the crime is Class C, the minimum
term of imprisonment is one year. For purposes of this subsection, the applicable sentencing
class is determined in accordance with subsection 4. This subsection does not apply if the State
pleads and proves criminal threatening or attempted criminal threatening, as defined in section
209, or terrorizing or attempted terrorizing, as defined in section 210, subsection 1, paragraph A.
5-A. Notwithstanding any other provision of this Code, for a person convicted of violating
section 1105-A, 1105-B, 1105-C or 1105-D:
A. Except as otherwise provided in paragraphs B and C, the minimum sentence of

Class A, the minimum term of imprisonment is 4 years; when the sentencing class is
Class B, the minimum term of imprisonment is 2 years; and, with the exception of a
conviction under section 1105-A, 1105-B, 1105-C or 1105-D when the drug that is the
basis for the charge is marijuana, when the sentencing class is Class C, the minimum
term of imprisonment is one year;
B. The court may impose a sentence other than a minimum unsuspended term of
imprisonment set forth in paragraph A, if:
(1) The court finds by substantial evidence that:
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(a) Imposition of a minimum unsuspended term of imprisonment under
paragraph A will result in substantial injustice to the defendant. In making
this determination, the court shall consider, among other considerations,
whether the defendant did not know and reasonably should not have
known that the victim was less than 18 years of age;
(b) Failure to impose a minimum unsuspended term of imprisonment

under paragraph A will not have an adverse effect on public safety; and
(c) Failure to impose a minimum unsuspended term of imprisonment

under paragraph A will not appreciably impair the effect of paragraph A in
deterring others from violating section 1105-A, 1105-B, 1105-C or 1105-
D; and
(2) The court finds that:
(a) Deleted. Laws 2003, c. 232, § 1.
(b) The defendant is an appropriate candidate for an intensive supervision

program, but would be ineligible to participate under a sentence imposed
under paragraph A; or
(c) The defendant's background, attitude and prospects for rehabilitation

and the nature of the victim and the offense indicate that imposition of a
sentence under paragraph A would frustrate the general purposes of
sentencing set forth in section 1151.
If the court imposes a sentence under this paragraph, the court shall state in
writing its reasons for its findings and for imposing a sentence under this
paragraph rather than under paragraph A; and
C. If the court imposes a sentence under paragraph B, the minimum sentence of

Class A, the minimum term of imprisonment is 9 months; when the sentencing is Class
B, the minimum term of imprisonment is 6 months; and, with the exception of trafficking
or furnishing marijuana under section 1105-A or 1105-C, when the sentencing class is
Class C, the minimum term of imprisonment is 3 months.
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5-B. In using a sentencing alternative involving a term of imprisonment for a person convicted of
the attempted murder, manslaughter, elevated aggravated assault or aggravated assault of a child
who had not in fact attained the age of 6 years at the time the crime was committed, a court shall
assign special weight to this objective fact in determining the basic term of imprisonment as the
first step in the sentencing process. The court shall assign special weight to any subjective victim
impact in determining the maximum period of incarceration in the 2nd step in the sentencing
process. The court may not suspend that portion of the maximum term of imprisonment based on
objective or subjective victim impact in arriving at the final sentence as the 3rd step in the
sentencing process. Nothing in this subsection may be construed to restrict a court in setting a
sentence from considering the age of the victim in other circumstances when relevant.
5-C. In using a sentencing alternative involving a term of imprisonment for a person convicted of
the attempted murder, manslaughter, elevated aggravated assault or aggravated assault of a
woman that the convicted person knew or had reasonable cause to believe to be in fact pregnant
at the time the crime was committed, a court shall assign special weight to this objective fact in
determining the basic term of imprisonment as the first step in the sentencing process. The court
shall assign special weight to any subjective victim impact in determining the maximum period
of incarceration in the 2nd step in the sentencing process. The court may not suspend that portion
of the maximum term of imprisonment based on objective or subjective victim impact in arriving
at the final sentence as the 3rd step in the sentencing process. Nothing in this subsection may be
construed to restrict a court in setting a sentence from considering the fact that the victim was
pregnant in other circumstances when relevant.
5-D. In using a sentencing alternative involving a term of imprisonment for a person convicted
of a Class C or higher crime, the victim of which was at the time of the commission of the crime
in fact being stalked by that person, a court shall assign special weight to this objective fact in
determining the basic sentence in the first step of the sentencing process. The court shall assign
special weight to any subjective victim impact caused by the stalking in determining the
maximum period of incarceration in the 2nd step in the sentencing process.
6. Repealed. Laws 1989, c. 693, § 6.
7. If a sentence to a term of imprisonment in a county jail is consecutive to or is to be followed

by a sentence to a term of imprisonment in the custody of the Department of Corrections, the
court imposing either sentence may order that both be served in the custody of the Department of
Corrections. If a court imposes consecutive terms of imprisonment for Class D or Class E crimes
and the aggregate length of the terms imposed is one year or more, the court may order that they
be served in the custody of the Department of Corrections.
8. Repealed.
9. Subsections in this section that make the sentencing class for a crime one class higher than it
would otherwise be when pled and proved may be applied successively if the subsections to be
applied successively contain different class enhancement factors.
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ME. REV. STAT. ANN. tit. 17-A, § 1301 (2009). Amounts authorized.
1. Repealed. Laws 1989, c. 872, § 3.
1-A. A natural person who has been convicted of a Class A, Class B, Class C, Class D or Class E
crime may be sentenced to pay a fine, unless the law that the person is convicted of violating
expressly provides that the fine and imprisonment penalties it authorizes may not be suspended,
in which case the convicted person must be sentenced to the imprisonment and required to pay
the fine authorized in that law. Subject to these sentences and to section 1302, the fine may not
exceed:
A. $50,000 for a Class A crime;
B. $20,000 for a Class B crime;
C. $5,000 for a Class C crime;
D. $2,000 for a Class D crime;
E. $1,000 for a Class E crime; and
F. Regardless of the classification of the crime, any higher amount that does not exceed
twice the pecuniary gain derived from the crime by the defendant.
2. As used in this section, “pecuniary gain” means the amount of money or the value of property
at the time of the commission of the crime derived by the defendant from the commission of the
crime, less the amount of money or the value of property returned to the victim of the crime or
seized by or surrendered to lawful authority prior to the time sentence is imposed. When the
court imposes a fine based on the amount of gain, the court shall make a finding as to the
defendant's gain from the crime. If the record does not contain sufficient evidence to support a
finding, the court may conduct, in connection with its imposition of sentence, a hearing on this
issue.
3. If the defendant convicted of a crime is an organization and the law that the organization is
convicted of violating expressly provides that the fine it authorizes may not be suspended, the
organization must be sentenced to pay the fine authorized in that law. Otherwise, the maximum
allowable fine that such a defendant may be sentenced to pay is:
A. Any amount for murder;
B. $100,000 for a Class A crime;
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C. $40,000 for a Class B crime;
D. $20,000 for a Class C crime;
E. $10,000 for a Class D crime or a Class E crime; and
F. Any higher amount that does not exceed twice the pecuniary gain derived from the
crime by the convicted organization.
4. Whenever a statute makes the possession of a particular item, whether animate or inanimate, a
criminal offense, the statute may expressly provide that the fine depends upon the quantity of the
item possessed by the defendant. In such case, the fine is as provided for in the statute and is not
subject to the maximum limits placed on fines by subsections 1-A and 3.
5. Notwithstanding any other provision of this section, any person convicted of a crime under
section 1103, 1105-A, 1105-B, 1105-C, 1105-D, 1106 or 1107-A may be sentenced to pay a fine
of an amount equal to the value at the time of the offense of the scheduled drug or drugs upon
which the conviction is based.
When the court imposes a fine under this subsection, the court shall make a finding as to the
value of the scheduled drug or drugs. If the record does not contain sufficient evidence to
support a finding, the court may conduct, in connection with its imposition of a sentence, a
hearing on this issue.
6. In addition to any other authorized sentencing alternative, the court shall impose a minimum
fine of $400, none of which may be suspended, for a person convicted of a crime under section
1103; 1104; 1105-A; 1105-B; 1105-C; 1105-D; 1106; 1107-A; 1108; 1109; 1110; 1111; 1111-A,
subsection 4, paragraph C or D; 1116; 1117; or 1118.
ME. REV. STAT. ANN. tit. 19-A, § 4007 (2009). Relief
1. Protection order; consent agreement. The court, after a hearing and upon finding that the
defendant has committed the alleged abuse or engaged in the alleged conduct described in
section 4005, subsection 1, may grant a protective order or, upon making that finding, approve a
consent agreement to bring about a cessation of abuse or the alleged conduct. This subsection
does not preclude the parties from voluntarily requesting a consent agreement without a finding
of abuse. The court may enter a finding that the defendant represents a credible threat to the
physical safety of the plaintiff or a minor child residing in the plaintiff's household. Relief
granted under this section may include:
A. Directing the defendant to refrain from threatening, assaulting, molesting, harassing,

attacking or otherwise abusing the plaintiff and any minor children residing in the
household;
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A-1. Directing the defendant not to possess a firearm or other dangerous weapon for the
duration of the order;
A-2. Prohibiting the defendant from the use, attempted use or threatened use of physical
force that would reasonably be expected to cause bodily injury against the plaintiff or a
minor child residing in the household;
B. Directing the defendant to refrain from going upon the premises of the plaintiff's
residence;
C. Directing the defendant to refrain from repeatedly and without reasonable cause:
(1) Following the plaintiff;
(2) Being at or in the vicinity of the plaintiff's home, school, business or place of
employment; or
(3) Engaging in conduct defined as stalking in Title 17-A, section 210-A;
D. Directing the defendant to refrain from having any direct or indirect contact with the
plaintiff;
E. When the mutual residence or household of the parties is jointly owned or jointly
leased or when one party has a duty to support the other or their minor children living in
the residence or household and that party is the sole owner or lessee:
(1) Granting or restoring possession of the residence or household to one party,

excluding the other; or
(2) A consent agreement, allowing the party with the duty to support to provide
suitable alternate housing;
F. Ordering a division of the personal property and household goods and furnishings of
the parties and placing any protective orders considered appropriate by the court,
including an order to refrain from taking, converting or damaging property in which the
plaintiff has a legal interest;
F-1. Ordering the termination of a life insurance policy or rider under that policy owned
by the defendant if the plaintiff is the insured life under the policy or rider. Upon
issuance, a copy of the court order must be sent to the insurer that issued the policy;
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G. Either awarding some or all temporary parental rights and responsibilities with regard
to minor children or awarding temporary rights of contact with regard to minor children,
or both, under such conditions that the court finds appropriate as determined in
accordance with the best interest of the child pursuant to section 1653, subsections 3 to 6-
B. The court's award of parental rights and responsibilities or rights of contact is not
binding in any separate action involving an award of parental rights and responsibilities
pursuant to chapter 55 or in a similar action brought in another jurisdiction exercising
child custody jurisdiction in accordance with the Uniform Child Custody Jurisdiction and
Enforcement Act;
H. Requiring the defendant to receive counseling from a social worker, family service
agency, mental health center, psychiatrist or any other guidance service that the court
considers appropriate. The court may not order and the State may not pay for the
defendant to attend a batterers' intervention program unless the program is certified under
section 4014;
I. Ordering the payment of temporary support for the dependent party or for a child in the
dependent party's custody in accordance with chapter 63, or both, when there is a legal
obligation to support that dependent party or that child, or both;
J. Ordering the payment of temporary support payments to the State as provided in

chapters 63 and 67;
K. Ordering payment of monetary compensation to the abused person for losses suffered
as a direct result of the abuse. Compensatory losses are limited to loss of earnings or
support, reasonable expenses incurred for personal injuries or property damage and
reasonable moving expenses. Upon the motion of either party, for sufficient cause, the
court may set a later hearing on the issue of the amount of damages, if any, to be
awarded;
L. Ordering the defendant or, if the complaint is dismissed, the plaintiff to pay court costs
or reasonable attorney's fees;
M. Entering any other orders determined necessary or appropriate in the discretion of the
court; or
N. Directing the care, custody or control of any animal owned, possessed, leased, kept or
held by either party or a minor child residing in the household.
If the court enjoins the defendant under this subsection and the enjoined conduct
constitutes harassment under Title 17-A, section 506-A, the court shall include in the
order a warning in conformity with Title 17-A, section 506-A.
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1-A. No possession of firearm or dangerous weapons for duration of order. If the court prohibits
the defendant from possessing a dangerous weapon other than a firearm, the court shall specify
the type of weapon the defendant is prohibited from possessing.
If the court prohibits the defendant from possessing a firearm or other dangerous weapon, the
court shall direct the defendant to relinquish, within 24 hours after service of the order on the
defendant or such earlier time as the court specifies in the order, all firearms and specified
dangerous weapons in the possession of the defendant to a law enforcement officer or other
individual for the duration of the order. If the weapons are relinquished to an individual other
than a law enforcement officer, the defendant must file, within 24 hours after such
relinquishment, with the court or local law enforcement agency designated in the order a written
statement that contains the name and address of the individual holding the weapons and a
description of all weapons held by that individual. The court may subsequently issue a search
warrant authorizing a law enforcement officer to seize any firearms and other dangerous
weapons at any location if there is probable cause to believe such firearms or dangerous weapons
have not been relinquished by the defendant.
2. Duration. A protective order or approved consent agreement is for a fixed period not to exceed
2 years. At the expiration of that time, the court may extend an order, upon motion of the
plaintiff, for such additional time as it determines necessary to protect the plaintiff or minor child
from abuse. The court may continue the order in effect until the hearing under section 4006,
subsection 1 on the motion to extend. Upon motion by either party, for sufficient cause, the court
may modify the order or agreement from time to time as circumstances require.
3. Consequences of violation. A protective order or approved consent agreement must indicate,

in a clear and conspicuous manner, the potential consequences of violation of the order or
agreement, as provided in section 4011 and Title 15, section 393, subsection 1, paragraph D, if
applicable.
4. Title to property. An order or agreement may not affect title to any real property.
5. Bond prohibited. The court may not require the execution of a bond by the plaintiff prior to
issuance of an order of protection.
6. Service of order or consent decree. The court shall order a law enforcement agency; or, if the
defendant is present in the courthouse, a court security officer qualified pursuant to Title 4,
section 17, subsection 15; or, if the defendant is in the custody of the Department of Corrections,
the chief administrative officer or the chief administrative officer's designee at the correctional
facility, to serve the defendant personally with a protective order or consent decree.
7. Mutual order of protection or restraint. The court may not issue a mutual order of protection or
restraint.
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8. Action by plaintiff. A plaintiff may extinguish or modify an order only by legal process in
accordance with the Maine Rules of Civil Procedure. Any other action or inaction on the part of
the plaintiff does not alter, diminish or negate the effectiveness of the order. Criminal sanctions
may not be imposed upon the plaintiff for violation of a provision of the plaintiff's order for
protection.
9. Financial accounting. In all proceedings under this chapter, the court shall apply the child
support guidelines in chapter 63 using the information the plaintiff is able to provide the court.
Failure of a party to file an income affidavit may not unnecessarily delay a proceeding and does
not preclude the issuance of an order, except that the court shall require the plaintiff to complete
and file an income affidavit at a final hearing involving child support even if the defendant does
not appear for the hearing.
ME. REV. STAT. ANN. tit. 22, § 3477 (2009). Persons mandated to report suspected abuse,
neglect or exploitation
1. Report required. The following persons immediately shall report to the department when the
person has reasonable cause to suspect that an incapacitated or dependent adult has been or is at
substantial risk of abuse, neglect or exploitation:
A. While acting in a professional capacity:
(1) An allopathic or osteopathic physician;
(2) A medical intern;
(3) A medical examiner;
(4) A physician's assistant;
(5) A dentist;
(6) A chiropractor;
(7) A podiatrist;
(8) A registered or licensed practical nurse;
(9) A certified nursing assistant;
(10) A social worker;
(11) A psychologist;
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(12) A pharmacist;
(13) A physical therapist;
(14) A speech therapist;
(15) An occupational therapist;
(16) A mental health professional;
(17) A law enforcement official;
(18) Emergency room personnel;
(19) An ambulance attendant;
(20) An emergency medical technician;
(21) Unlicensed assistive personnel;
(22) A humane agent employed by the Department of Agriculture, Food and

Rural Resources;
(23) A clergy member acquiring the information as a result of clerical

professional work except for information received during confidential
communications;
(24) A sexual assault counselor; or
(25) A family or domestic violence victim advocate;
or custody of the incapacitated or dependent adult, regardless of whether the person
receives compensation; or

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The duty to report under this subsection applies to individuals who must report directly to
the department. A supervisor or administrator of a person making a report under this
section may not impede or inhibit the reporting, and a person making a report may not be
subject to any sanction for making a report. Internal procedures to facilitate, ensure
confidentiality of and apprise supervisors and administrators of reports may be
established as long as those procedures are not inconsistent with this chapter.
subsection 4, may report to the department when that person has reasonable cause to suspect that
an incapacitated or dependent adult has been or is at substantial risk of abuse, neglect or
exploitation.
2. Reports. Reports regarding abuse, neglect or exploitation must be made immediately by

telephone to the department and must be followed by a written report within 48 hours if
requested by the department. The reports must contain the name and address of the involved
adult; information regarding the nature and extent of the abuse, neglect or exploitation; the
source of the report; the person making the report; that person's occupation; and where that
person can be contacted. The report may contain any other information that the reporter believes
may be helpful.
3. Confidentiality in case of treatment of individual suspected of causing abuse, neglect or

exploitation. This section does not require any person acting in that person's professional
capacity to report when all of the following requirements are met:
suspected of causing the abuse, neglect or exploitation;
C. In the opinion of the person required to report, the abused, neglected or exploited
adult's life or health is not immediately threatened.
4. Confidentiality in case of treatment of individual suspected of being abused, neglected or

exploited. This section does not require any person acting in that person's professional capacity
to report when all of the following requirements are met:
suspected of being abused, neglected or exploited;
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C. In the opinion of the person required to report, the individual is not incapacitated and
the individual's life or health is not immediately threatened.
owner's name and address. For purposes of this subsection, “ cruelty, abuse or neglect” has the
ME. REV. STAT. ANN. tit. 22, § 4011-A (2009). Reporting of suspected abuse or neglect
1. Required report to department. The following adult persons shall immediately report or cause
a report to be made to the department when the person knows or has reasonable cause to suspect
that a child has been or is likely to be abused or neglected:
A. When acting in a professional capacity:
1) An allopathic or osteopathic physician, resident or intern;
2) An emergency medical services person;
3) A medical examiner;
4) A physician's assistant;
5) A dentist;
6) A dental hygienist;
7) A dental assistant;
8) A chiropractor;
9) A podiatrist;
10) A registered or licensed practical nurse;

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11) A teacher;
12) A guidance counselor;
13) A school official;
14) A children's summer camp administrator or counselor;
15) A social worker;
16) A court-appointed special advocate or guardian ad litem for the child;
17) A homemaker;
18) A home health aide;
19) A medical or social service worker;
20) A psychologist;
21) Child care personnel;
22) A mental health professional;
23) A law enforcement official;
24) A state or municipal fire inspector;
25) A municipal code enforcement official;
26) A commercial film and photographic print processor;
27) A clergy member acquiring the information as a result of clerical professional

work except for information received during confidential communications;
28) A chair of a professional licensing board that has jurisdiction over mandated
reporters; and
29) A humane agent employed by the Department of Agriculture, Food and Rural
Resources;
(30) A sexual assault counselor;
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(31) A family or domestic violence victim advocate; and
(32) A school bus driver or school bus attendant.
or custody of the child, regardless of whether the person receives compensation; and

Whenever a person is required to report in a capacity as a member of the staff of a

medical or public or private institution, agency or facility, that person immediately shall
notify either the person in charge of the institution, agency or facility or a designated
agent who then shall cause a report to be made. The staff also may make a report directly
to the department.
subsection 4, may report to the department when that person knows or has reasonable cause to
suspect that a child has been or is likely to be abused or neglected.
2. Required report to district attorney. When, while acting in a professional capacity, any person
required to report under this section knows or has reasonable cause to suspect that a child has
been abused or neglected by a person not responsible for the child, the person immediately shall
report or cause a report to be made to the appropriate district attorney's office.
3. Optional report. Any person may make a report if that person knows or has reasonable cause
to suspect that a child has been or is likely to be abused or neglected.
4. Mental health treatment. When a licensed mental health professional is required to report
under subsection 1 and the knowledge or reasonable cause to suspect that a child has been or is
likely to be abused or neglected comes from treatment of a person responsible for the abuse or
neglect, the licensed mental health professional shall report to the department in accordance with
subsection 1 and under the following conditions.
A. The department shall consult with the licensed mental health professional who has
made the report and shall attempt to reach agreement with the mental health professional
as to how the report is to be pursued. If agreement is not reached, the licensed mental
health professional may request a meeting under paragraph B.
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B. Upon the request of the licensed mental health professional who has made the report,
after the department has completed its investigation of the report under section 4021 or
has received a preliminary protection order under section 4034 and when the department
plans to initiate or has initiated a jeopardy order under section 4035 or plans to refer or
has referred the report to law enforcement officials, the department shall convene at least
one meeting of the licensed mental health professional who made the report, at least one
representative from the department, a licensed mental health professional with expertise
in child abuse or neglect and a representative of the district attorney's office having
jurisdiction over the report, unless that office indicates that prosecution is unlikely.
C. The persons meeting under paragraph B shall make recommendations regarding

treatment and prosecution of the person responsible for the abuse or neglect. The persons
making the recommendations shall take into account the nature, extent and severity of
abuse or neglect, the safety of the child and the community and needs of the child and
other family members for treatment of the effects of the abuse or neglect and the
willingness of the person responsible for the abuse or neglect to engage in treatment. The
persons making the recommendations may review or revise these recommendations at
their discretion.
The intent of this subsection is to encourage offenders to seek and effectively utilize treatment
and, at the same time, provide any necessary protection and treatment for the child and other
family members.
5. Photographs of visible trauma. Whenever a person is required to report as a staff member of a

law enforcement agency or a hospital, that person shall make reasonable efforts to take, or cause
to be taken, color photographs of any areas of trauma visible on a child.
A. The taking of photographs must be done with minimal trauma to the child and in a
manner consistent with professional standards. The parent's or custodian's consent to the
taking of photographs is not required.
B. Photographs must be made available to the department as soon as possible. The

department shall pay the reasonable costs of the photographs from funds appropriated for
child welfare services.
C. The person shall notify the department as soon as possible if that person is unable to
take, or cause to be taken, these photographs.
D. Designated agents of the department may take photographs of any subject matter
when necessary and relevant to an investigation of a report of suspected abuse or neglect
or to subsequent child protection proceedings.
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owner's name and address. For purposes of this subsection, "cruelty, abuse or neglect" has the
ME. REV. STAT. ANN. tit. 34-B, § 1901 (2009). Animal cruelty, abuse or neglect; reporting
1. Definitions.
As used in this subchapter, unless the context otherwise indicates, the following terms have the
following meanings.
A. “Animal” means every living, sentient creature not a human being.
B. “Cruelty, abuse or neglect” means every act, omission or instance of neglect when
unnecessary or unjustifiable pain or suffering is caused or permitted.
C. “Owner” means a person, firm, partnership, association or corporation owning,

keeping or harboring an animal.
D. “Reasonably suspect” means to hold an objectively reasonable suspicion based upon

facts that would cause a reasonable person in a like position to draw on that person’s
training or experience to suspect animal cruelty, abuse or neglect.
2. Report.
An employee of a state-funded child or adult protective services agency or other social service
agency, including those providing mental health services that are funded or licensed by the
department, while acting in the employee’s professional capacity or within the scope of the
employee’s employment, who has knowledge of or observes an animal that the employee knows
or reasonably suspects has been the victim of cruelty, abuse or neglect may report the known or
reasonably suspected animal cruelty, abuse or neglect to the local animal control officer or to the
animal welfare program of the Department of Agriculture, Food and Rural Resources established
pursuant to Title 7, section 3902.
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3. Duty.
Nothing in this section may be construed to impose a duty to investigate known or reasonably
suspected animal cruelty, abuse or neglect.
4. Immunity from liability.
A person participating in good faith in reporting under this subchapter is immune from any civil
or criminal liability that might otherwise result from these actions, including, but not limited to,
any civil or criminal liability that might otherwise arise under state or local laws or rules
regarding confidentiality of information.
In a proceeding regarding immunity from liability, there is a rebuttable presumption of good

faith.
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ANIMAL PROTECTION LAWS OF MARYLAND
ANIMAL PROTECTION LAWS OF MARYLAND
2. PENALTIES
3. EXEMPTIONS
12. SEXUAL ASSAULT
13. FIGHTING
This chapter contains Maryland’s general animal protection and related statutes enacted prior to November 2009.. It
Maryland may employ similar provisions within other non-animal-specific criminal and civil statutes; may have other

USA Map
MARYLAND

MD. CODE ANN., CRIMINAL LAW § 10-604
(2)
(3)
Abandoning domestic animal
(4)
Poisoning dog
Animals Covered in Definition “[A] living creature except a human being”

MD. CODE ANN., CRIMINAL LAW § 10-601(b)

Misdemeanor
(2)
Felony
MD-3
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MARYLAND continued

and/or
$1,000 fine
(2)
and/or
$5,000 fine
(3), (4)
$100 fine
MD. CODE ANN., CRIMINAL LAW §§ 10-612,
10-618
3. EXEMPTIONS *** 1, 2, 3, 4, 5, 6, 9
4. COUNSELING / EVALUATIONS H The court may order psychological

counseling paid by defendant
10-606
6. RESTITUTION / REIMBURSEMENT Expenses may be collected from owner; the

H
animal is not exempt from levy and sale on
execution of judgment for the expenses
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MARYLAND continued
7. SEIZURE / ON-SITE SUPERVISION Police officers and authorized humane agents

may seize animals to protect them from
cruelty; any authorized humane agent or any
police officer or other public officials charged
with the protection of animals may enter onto
property where animals are being cruelly
treated or neglected and care for the animals
NOTE: Special procedures in statute for seizing

research and farm animals
8. FORFEITURE / POSSESSION H Upon conviction the court may order removal

of the victim animal or any other animal for
its protection. The animal control unit may
dispose of animal if the owner or custodian is
notified of an impoundment and fails to
petition, or if the owner or custodian is
unknown and cannot be reasonably identified
within 20 days following the seizure, the
judge may order forfeiture
10-617
10. VETERINARIAN REPORTING / IMMUNITY Veterinarians may report suspected animal

cruelty and are immune from civil liability for
their good faith actions
MD. AGRICULTURE CODE ANN. § 2-304
11. LAW ENFORCEMENT POLICIES Humane agents shall arrest certain offenders
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MARYLAND continued
12. SEXUAL ASSAULT Sexual assault of an animal is a misdemeanor

and punishable by up to 10 years
imprisonment and a fine of $1,000
13. FIGHTING Attending a dogfight or cockfight is a

misdemeanor subject to a one year
imprisonment, $2,500 fine and psychological
counseling
Various dogfighting and cockfighting

activities are felonies punishable by up to 3
years imprisonment and a fine of $5,000.
10-608
Other Felony Provisions Affecting Animals I Injury of a race horse is a felony

NOTES Otherwise exempted activities may be

considered criminal if there is a failure to use
the most humane method reasonably
available
MD. CODE ANN., CRIMINAL LAW § 10-603(3)
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MD. CODE ANN., CRIMINAL LAW § 10-601 (2009). Definitions
In general
(a) In this subtitle the following words have the meanings indicated.
Animal
(b) "Animal" means a living creature except a human being.
Cruelty
(c)
(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.
Humane society
(d) "Humane society" means a society or association incorporated in Maryland for the
MD. CODE ANN., CRIMINAL LAW § 10-604 (2009). Abuse or neglect of animal
Prohibited
(a) 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
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(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.
Penalty
(b)
(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.
MD. CODE ANN., CRIMINAL LAW § 10-606 (2009). Aggravated cruelty to animals--In general
Prohibited
(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.
Penalty
(b)
(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.
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MD. CODE ANN., CRIMINAL LAW § 10-612 (2009). Abandoning domestic animal
Prohibited
(a) A person who owns, possesses, or has custody of a domestic animal may not drop or leave
the animal on a road, in a public place, or on private property with the intent to abandon the
animal.
Penalty
(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to
a fine not exceeding $100.
MD. CODE ANN., CRIMINAL LAW § 10-618 (2009). Poisoning dog
Prohibited
(a) A person may not willfully and maliciously give poison or ground glass to a dog, or expose
poison or ground glass, with the intent that a dog ingest it.
Penalty
a fine not exceeding $100 for each violation.
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2. PENALTIES
Prohibited
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.
Penalty
(b)
Prohibited
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Penalty
(b)
Prohibited
animal.
Penalty
Prohibited
Penalty
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3. EXEMPTIONS
MD. CODE ANN., CRIMINAL LAW § 10-603 (2009). 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.
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Prohibited
subsection; or
Penalty
(b)
Prohibited
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Penalty
(b)
-----
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MD. CODE ANN., CRIMINAL LAW § 10-617 (2009). Disposal of domestic animal
"Animal control unit" defined
(a) In this section, "animal control unit" means the local organization or governmental unit that
the appropriate local governmental body designates to house, care for, and control domestic
animals of unknown ownership.
In general
(b) An animal control unit shall dispose of an unclaimed dog or cat only by:
(1) placing the animal in a suitable home;
(2) retaining the animal in the animal control unit; or
(3) humanely destroying the animal.
Waiting period
(c) A domestic animal that is impounded by an animal control unit may not be sold, placed, or
destroyed until the animal has been carefully inspected for a tag, tattoo, or other identification to
ascertain the owner and:
(1) 72 hours have elapsed after notice has been given to the owner;
(2) if the owner cannot be notified, 72 hours have elapsed after the animal is impounded;
(3) the animal is seriously diseased or severely injured; or
(4) the animal is under 3 months of age.
Liability of owner and new owner
(d)
(1) An owner who retrieves an animal from an animal control unit shall pay all fees,
costs, and expenses incurred by the animal control unit.
(2) The necessary expenses for food and attention given to an animal under this section
may be collected from the owner, and the animal is not exempt from levy and sale on
execution of a judgment for the expenses.
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(3) A new owner with whom an animal is placed under subsection (b)(1) of this section
may be charged an adoption fee.
Penalty
(e) A person who violates this section is guilty of a misdemeanor and on conviction is subject to
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MD. CODE ANN., CRIMINAL LAW § 10-615 (2009). Care of mistreated animal
Court-ordered removal
(a) If an owner or custodian of an animal is convicted of an act of animal cruelty, the court may
order the removal of the animal or any other animal at the time of conviction for the protection
of the animal.
Seizure
(b)
(1) An officer or authorized agent of a humane society, or a police officer or other public
official required to protect animals may seize an animal if necessary to protect the
animal from cruelty.
(2)
(i) An animal that a medical and scientific research facility possesses may be
removed under this subsection only after review by and a recommendation from
the Department of Health and Mental Hygiene, Center for Veterinary Public
Health.
(ii) The Department of Health and Mental Hygiene shall:
1. conduct an investigation within 24 hours after receiving a complaint;

and
2. within 24 hours after completing the investigation, report to the State's

Attorney for the county in which the facility is situated.
Impounded animal
(c)
(1) If an animal is impounded, yarded, or confined without necessary food, water, or
proper attention, is subject to cruelty, or is neglected, an officer or authorized agent of a
humane society, a police officer, another public official required to protect animals, or
any invited and accompanying veterinarian licensed in the State, may:
(i) enter the place where the animal is located and supply the animal with
necessary food, water, and attention; or
(ii) remove the animal if removal is necessary for the health of the animal.
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(2) A person who enters a place under paragraph (1) of this subsection is not liable
because of the entry.
Notification to owner
(d)
(1) A person who removes an animal under subsection (c) of this section shall notify the
animal's owner or custodian of:
(i) the removal; and
(ii) any administrative remedies that may be available to the owner or custodian.
(2) If an administrative remedy is not available, the owner or custodian may file a
petition for the return of the animal in the District Court of the county in which the
removal occurred within 10 days after the removal.
Stray
(e) An animal is considered a stray if:
(1) an owner or custodian of the animal was notified under subsection (d) of this section
and failed to file a petition within 10 days after removal; or
(2) the owner or custodian of the animal is unknown and cannot be ascertained by
reasonable effort for 20 days to determine the owner or custodian.
Limitations
(f) This section does not allow:
(1) entry into a private dwelling; or
(2) removal of a farm animal without the prior recommendation of a veterinarian

licensed in the State.
Local enforcement--Baltimore County
(g) In Baltimore County, the Baltimore County Department of Health, Division of Animal
Control or an organization that the Baltimore County government approves shall enforce this
section.
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of the animal.
Seizure
(b)
official required to protect animals may seize an animal if necessary to protect the animal
from cruelty.
(2)
Health.

and

Impounded animal
(c)
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(d)
Stray
Limitations
(2) removal of a farm animal without the prior recommendation of a veterinarian licensed
in the State.
section.
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In general
Waiting period
destroyed until the animal has been carefully inspected for a tag, tattoo, or other identification
to ascertain the owner and:
(d)
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Penalty
-----
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MD. AGRICULTURE CODE ANN. § 2-304 (2009). Powers and duties of Board generally
(a) The Board may:
(1) Adopt rules and regulations to effectuate this subtitle;
(2) Engage additional employees for professional, clerical, and special work as necessary
and as provided in the State budget;
(3) Subpoena any witness to take his testimony;
(4) Require production of books, papers, records, and other documentary evidence, and
examine them in relation to any matter which the Board may investigate or hear; and
(5) Establish reasonable standards for the practice of veterinary medicine, including
conduct and ethics.
(b) Members or their designated inspectors may enter veterinary facilities at any reasonable hour
to enforce the Board rules and regulations.
(c) The Board shall maintain an office within the State and a telephone number listed for use by
the general public.
(d) The Board shall inspect every veterinary hospital facility in the State at least once every 2
years.
(e)
(1) The Board may authorize the practice of a health occupation on an animal by a health
care practitioner licensed, certified, or otherwise authorized under the Health
Occupations Article.
(2) If the Board authorizes the practice of a health occupation on an animal under
paragraph (1) of this subsection, the Board may:
(i) Impose requirements for education, training, and supervision by a veterinary

practitioner; and
(ii) Require the registration of each health care practitioner authorized to practice
a health occupation on an animal in accordance with this subsection.
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(f)
(1) The Board shall adopt regulations encouraging a veterinary practitioner to report
suspected instances of animal cruelty, including suspected animal fighting, to a local law
enforcement or county animal control agency.
(2) A veterinary practitioner shall be immune from any civil liability that results from a
report in good faith to a local law enforcement or county animal control agency under
this subsection.
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MD. CODE ANN., CRIMINAL LAW § 10-609 (2009). Arrest by humane society officer
(a) In general. -- Except as provided in subsections (b) and (c) of this section, if an officer of a
humane society sees a person committing a misdemeanor that involves cruelty to an animal, the
officer shall arrest and bring before the District Court the person committing the misdemeanor.
(b) Local enforcement -- Calvert County. -- In Calvert County, if an officer of a humane society
or an animal control officer appointed by the County Commissioners or the County
Commissioners' designee sees a person committing a misdemeanor that involves cruelty to an
animal, the officer shall arrest and bring before the District Court the person committing the
misdemeanor.
(c) Local enforcement -- Baltimore County. -- In Baltimore County, the Baltimore County
Department of Health, Division of Animal Control shall enforce this section.
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12. SEXUAL ASSAULT
MD. CODE ANN., CRIMINAL LAW § 3-322 (2009). Unnatural or perverted sexual practice
Prohibited
(1) take the sexual organ of another or of an animal in the person's mouth;
(2) place the person's sexual organ in the mouth of another or of an animal; or
(3) commit another unnatural or perverted sexual practice with another or with an
animal.
Penalty
imprisonment not exceeding 10 years or a fine not exceeding $1,000 or both.
Statute of limitations and in banc review
(c) A person who violates this section is subject to § 5-106(b) of the Courts Article.
Charging document
(d) An indictment for a violation of this section:
(1) is sufficient if it states that the defendant committed an unnatural and perverted
sexual practice with a person or animal as applicable; but
(2) need not state the particular:
(i) unnatural or perverted sexual practice with which the defendant is charged; or
(ii) manner in which the defendant committed the unnatural or perverted sexual
practice.
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13. FIGHTING
MD. CODE ANN., CRIMINAL LAW § 10-605 (2009). Attending dogfight or cockfight
(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. --
subject to imprisonment not exceeding 1 year or a fine not exceeding $ 2,500 or both.
MD. CODE ANN., CRIMINAL LAW § 10-607 (2009). Aggravated cruelty to animals--Dogfight
Prohibited
(1) use or allow a dog to be used in a dogfight;
(2) arrange or conduct a dogfight;
(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.
Penalty
(b)
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MD. CODE ANN., CRIMINAL LAW § 10-608 (2009). Aggravated cruelty to animals--Cockfight
Definitions
(a)
(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.
Prohibited
(b) 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;
(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
to conduct a fight in which a fowl, cock, or other bird fights with another fowl, cock, or
other bird.
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Penalty
(c)
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MD. AGRICULTURE CODE ANN. § 2-304 (2009). Powers and duties of Board generally
(a) The Board may:
(1) Adopt rules and regulations to effectuate this subtitle;
(2) Engage additional employees for professional, clerical, and special work as necessary
and as provided in the State budget;
(3) Subpoena any witness to take his testimony;
(4) Require production of books, papers, records, and other documentary evidence, and
examine them in relation to any matter which the Board may investigate or hear; and
(5) Establish reasonable standards for the practice of veterinary medicine, including
conduct and ethics.
(b) Members or their designated inspectors may enter veterinary facilities at any reasonable hour
to enforce the Board rules and regulations.
(c) The Board shall maintain an office within the State and a telephone number listed for use by
the general public.
(d) The Board shall inspect every veterinary hospital facility in the State at least once every 2
years.
(e)
(1) The Board may authorize the practice of a health occupation on an animal by a health
care practitioner licensed, certified, or otherwise authorized under the Health
Occupations Article.
(2) If the Board authorizes the practice of a health occupation on an animal under
paragraph (1) of this subsection, the Board may:
(i) Impose requirements for education, training, and supervision by a veterinary

practitioner; and
(ii) Require the registration of each health care practitioner authorized to practice
a health occupation on an animal in accordance with this subsection.
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(f)
(1) The Board shall adopt regulations encouraging a veterinary practitioner to report
suspected instances of animal cruelty, including suspected animal fighting, to a local law
enforcement or county animal control agency.
(2) A veterinary practitioner shall be immune from any civil liability that results from a
report in good faith to a local law enforcement or county animal control agency under
this subsection.
MD. CODE ANN., CRIMINAL LAW § 3-322 (2009). Unnatural or perverted sexual practice
Prohibited
(1) take the sexual organ of another or of an animal in the person's mouth;
(2) place the person's sexual organ in the mouth of another or of an animal; or
(3) commit another unnatural or perverted sexual practice with another or with an animal.
Penalty
imprisonment not exceeding 10 years or a fine not exceeding $1,000 or both.
Statute of limitations and in banc review
(c) A person who violates this section is subject to § 5-106(b) of the Courts Article.
Charging document
(d) An indictment for a violation of this section:
(1) is sufficient if it states that the defendant committed an unnatural and perverted sexual
practice with a person or animal as applicable; but
(2) need not state the particular:
(i) unnatural or perverted sexual practice with which the defendant is charged; or
(ii) manner in which the defendant committed the unnatural or perverted sexual
practice.
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MD. CODE ANN., CRIMINAL LAW § 10-601 (2009). Definitions
In general
(a) In this subtitle the following words have the meanings indicated.
Animal
(b) "Animal" means a living creature except a human being.
Cruelty
(c)
(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.
Humane society
(d) "Humane society" means a society or association incorporated in Maryland for the prevention
of cruelty to animals.
MD. CODE ANN., CRIMINAL LAW § 10-603 (2009). 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.
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Prohibited
subsection; or
Penalty
(b)
MD. CODE ANN., CRIMINAL LAW § 10-605 (2009). Attending dogfight or cockfight
(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. --
subject to imprisonment not exceeding 1 year or a fine not exceeding $ 2,500 or both.
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Prohibited
Penalty
(b)
MD. CODE ANN., CRIMINAL LAW § 10-607 (2009). Aggravated cruelty to animals--Dogfight
Prohibited
(1) use or allow a dog to be used in a dogfight;
(2) arrange or conduct a dogfight;
(3) possess, own, sell, transport, or train a dog with the intent to use the dog in a dogfight;
or
to conduct a dogfight.
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Penalty
(b)
MD. CODE ANN., CRIMINAL LAW § 10-608 (2009). Aggravated cruelty to animals--Cockfight
Definitions
(a)
(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.
Prohibited
(b) 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;
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(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
to conduct a fight in which a fowl, cock, or other bird fights with another fowl, cock, or
other bird.
Penalty
(c)
MD. CODE ANN., CRIMINAL LAW § 10-609 (2009). Arrest by humane society officer
(a) In general. -- Except as provided in subsections (b) and (c) of this section, if an officer of a
humane society sees a person committing a misdemeanor that involves cruelty to an animal, the
officer shall arrest and bring before the District Court the person committing the misdemeanor.
(b) Local enforcement -- Calvert County. -- In Calvert County, if an officer of a humane society
or an animal control officer appointed by the County Commissioners or the County
Commissioners' designee sees a person committing a misdemeanor that involves cruelty to an
animal, the officer shall arrest and bring before the District Court the person committing the
misdemeanor.
(c) Local enforcement -- Baltimore County. -- In Baltimore County, the Baltimore County
Department of Health, Division of Animal Control shall enforce this section.
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Prohibited
animal.
Penalty
of the animal.
Seizure
(b)
official required to protect animals may seize an animal if necessary to protect the animal
from cruelty.
(2)
Health.

and

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Impounded animal
(c)
(d)
Stray
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Limitations
(2) removal of a farm animal without the prior recommendation of a veterinarian licensed
in the State.
section.
In general
Waiting period
destroyed until the animal has been carefully inspected for a tag, tattoo, or other identification to
ascertain the owner and:

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(d)
Penalty
Prohibited
Penalty
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ANIMAL PROTECTION LAWS OF MASSACHUSETTS
ANIMAL PROTECTION LAWS OF MASSACHUSETTS
2. PENALTIES
3. EXEMPTIONS
12. SEXUAL ASSAULT
13. FIGHTING
This chapter contains Massachusetts’s general animal protection and related statutes enacted prior to November 2009. It
Massachusetts may employ similar provisions within other non-animal-specific criminal and civil statutes; may have
other more specific statutes in addition to those included; and may have a variety of animal-related regulations in effect.

USA Map
MASSACHUSETTS

Cruelty to animals
MASS. GEN. LAWS ch. 272, § 77
(2)
Willful and malicious injury to animals of
another person
Classification of Crimes (1), (2)

Misdemeanor or Felony

Misdemeanor:
2 ½ years house of correction
and/or
$2,500 fine
Felony:
5 years state prison
and/or
$2,500 fine
3. EXEMPTIONS *** 9
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MASSACHUSETTS continued
6. RESTITUTION / REIMBURSEMENT Costs of care is a lien

H
Court may order the posting of a security for

costs of care of impounded animal
7. SEIZURE / ON-SITE SUPERVISION Person making arrest shall care and provide
for animals until owner takes charge of them

cause to any sheriff, deputy sheriff, constable,
or police officer
A show cause hearing shall be given to any

person claiming an interest in a seized animal
8. FORFEITURE / POSSESSION H Upon conviction, court shall order abused

animal forfeited
The court shall order the forfeiture of a seized

animal if the security for costs of care is not
posted as ordered; the animal may be
humanely disposed of at the end of the period
for which expenses are covered by the
security if so ordered by the court
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9. CROSS ENFORCEMENT / REPORTING Employees of the Department of Social

Services may report animal abuse they
reasonably suspect in the course of their
professional capacity or within the scope of
their employment. A person making such a
report in good faith is immune from civil or
criminal action
10. VETERINARIAN REPORTING / IMMUNITY A registered veterinarian who reports, in good

faith and in the normal course of business, a
suspected act of cruelty to animals is not
liable in a civil or criminal action for
reporting such act
MASS. GEN. LAWS ch. 112, § 58B
11. LAW ENFORCEMENT POLICIES Humane agents may be appointed special

state police officers and may make arrests for
animal cruelty
MASS. GEN. LAWS ch. 22C § 57
A person found violating cruelty statute may

be arrested with or without a warrant
Sheriffs, deputy sheriffs, constables and

police officers shall prosecute all animal
cruelty violations which come to their notice
12. SEXUAL ASSAULT The sexual assault of an animal is a felony

punishable by up to 20 years in state prison
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13. FIGHTING Search warrants shall be issued for reasonable

cause that an animal fight is being prepared
or in progress
Various law enforcement officer and animal

control officers may make entry without a
warrant to any place in which an animal fight
is occurring, or in which preparations are
being made, and arrest all persons there and
seize involved animals
A court may order seized animals used for

animal fighting forfeited
A forfeiture order may be appealed within 24

hours of judgment entry
The costs of care and destruction of animals

used for fighting may be allowed and paid in
the same manner as expenses for other
criminal prosecutions
Various animal fighting activities are crimes

punishable as felonies or misdemeanors
Being a spectator at an animal fight is

punishable as a misdemeanor or a felony
Any person claiming an interest in a seized

animal shall be given a show cause hearing
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MASS. GEN. LAWS ch. 266, § 112 (2009). Domestic animals; malicious killing or injury.
Whoever wilfully and maliciously kills, maims or disfigures any horse, cattle or other animal of
another person, or wilfully and maliciously administers or exposes poison with intent that it
shall be taken or swallowed by any such animal, shall be punished by imprisonment in the state
prison for not more than five years or by imprisonment in the house of correction for not more
than 2 1/2 years or by a fine of not more than $ 2,500, or by both such fine and imprisonment.
MASS. GEN. LAWS ch. 272, § 77 (2009). 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 2 1/2 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.
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2. PENALTIES
another person, or wilfully and maliciously administers or exposes poison with intent that it shall
be taken or swallowed by any such animal, shall be punished by imprisonment in the state prison
for not more than five years or by imprisonment in the house of correction for not more than 2
1/2 years or by a fine of not more than $ 2,500, or by both such fine and imprisonment.
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
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 2 1/2 years or by a fine of not
more than $2,500, or by both such fine and imprisonment.
Editor’s Note: “A crime punishable by death or imprisonment in the state prison is a felony. All other crimes are
misdemeanors.” MASS. GEN. LAWS ch. 274, § 1 (2009).
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3. EXEMPTIONS
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4. COUNSELING
-----
-----
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MASS. GEN. LAWS ch. 272, § 82 (2009). Arrest without warrant for violation of section 77 or
81; notice; care of animals; lien.
A person found violating any provision of section seventy-seven or eighty-one may be arrested
and held without a warrant as provided in section fifty-four; the person making an arrest with or
without a warrant shall use reasonable diligence to give notice thereof to the owner of animals
found in the charge or custody of the person arrested, shall properly care and provide for such
animals until the owner thereof takes charge of them, not, however, exceeding sixty days from
the date of said notice, and shall have a lien on said animals for the expense of such care and
provision.
MASS. GEN. LAWS ch. 272, § 104 (2009). Seizure of Animals; Posting Security.
(a) As used in this section the word "Authority" shall mean an organization or authorized agent
thereof that seizes or impounds an animal pursuant to the General Laws.
(b) If an animal is lawfully seized or impounded pursuant to the General Laws relating to cruelty
to animals or animal fighting, the owner, custodian or person claiming an interest in the animal,
shall be given a show cause hearing within 30 days after application for the complaint.
(c) If an animal is lawfully seized and impounded, the authority may file a petition with the court
requesting that the person from whom an animal is seized or a person claiming an interest in the
seized animal, be ordered to post a security. The authority shall serve a copy of the petition on
the person from whom the animal was seized, or if the person cannot be found, by posting of
copy at the place where the animal was taken into custody. The authority shall also serve a copy
of the petition on the district attorney. The court may order that person to post a security.
(d) The security shall be in an amount sufficient to secure payment for all reasonable expenses
to be incurred by the authority having custody of the seized animal for a temporary period of at
least 30 days. The amount of the security shall be determined by the court upon the
recommendation of the authority. Reasonable expenses shall include, but shall not be limited to,
estimated medical care, shelter, and board.
(e) When security is posted in accordance with this section, the authority may draw from the
security the actual reasonable costs incurred for medical care, shelter, and board.
(f) If the court orders the posting of security, the security shall be posted with the clerk within 10
business days of the show cause hearing. The court shall order the immediate forfeiture of the
seized animal to the authority if the person fails to post security as ordered. The court may waive
the security requirement or reduce the amount of the security for good cause shown.
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(g) Posting of the security shall not prevent the authority from disposing of the seized or
impounded animal before the expiration of the period covered by the security, if the court rules
in favor of the authority.
(h) The authority may humanely dispose of the animal at the end of the period for which
expenses are covered by the security, if the court orders the disposition. If the disposition order
is denied, the court may require the owner or custodian or any other person claiming interest in
the animal, to provide additional security to secure payment of reasonable expenses and to
extend the period of time pending adjudication by the court of the charges against the person
from whom the animal was seized.
(i) The owner or custodian of an animal humanely killed pursuant to this section shall not be
entitled to recover damages or the actual value of the animal if the owner or custodian failed to
post security.
(j) The court may direct a refund to the person who posted the security in whole or part for any
expenses not incurred by the authority. The court may direct a refund to the person who posted
security upon acquittal of the charges.
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provision.
MASS. GEN. LAWS ch. 272, § 83 (2009). Complaint, Warrant, and Search Relative to
Cruelty to Animals.
If a complaint is made to a court or magistrate authorized to issue warrants in criminal cases

that the complainant has reasonable cause to believe that the laws relative to cruelty to animals
have been or are violated in any particular building or place, such court or magistrate, if
satisfied that there is reasonable cause for such belief, shall issue a search warrant authorizing
any sheriff, deputy sheriff, constable or police officer to search such building or place; but no
such search shall be made after sunset, unless specially authorized by the magistrate upon
satisfactory cause shown.
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(d) The security shall be in an amount sufficient to secure payment for all reasonable expenses to
be incurred by the authority having custody of the seized animal for a temporary period of at
post security.
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seized animal to the authority if the person fails to post security as ordered. The court may
waive the security requirement or reduce the amount of the security for good cause shown.
post security.
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MASS. GEN. LAWS ch. 119, § 85 (2009). Department employees reporting animal cruelty,
abuse or neglect; immunity from liability
(a) During any investigation or evaluation reported under section 51A, any employee of the
department or person employed pursuant to a contract with the department, when acting in his
observes an animal whom he knows or reasonably suspects has been the victim of animal
cruelty, abuse or neglect, may report the known or suspected animal cruelty, abuse or neglect to
the entities that investigate reports of animal cruelty, abuse or neglect, as described in section
57 of chapter 22C, or any local animal control authority.
(b) The report may be made within 2 working days of receiving the information concerning the
animal, by facsimile transmission or a written report or by telephone. In cases where an
immediate response may be necessary in order to protect the health and safety of the animal, the
report should be made by telephone as soon as possible.
(c) When 2 or more employees of the department are present and jointly have knowledge of
known or reasonably suspected animal cruelty, abuse or neglect, and where there is agreement
among them, a report may be made by 1 person by mutual agreement. Any reporter who has
knowledge that the person designated to report has failed to do so may thereafter make the
report.
(d) No person making such report shall be liable in any civil or criminal action by reason of
such report if it was made in good faith. Any privilege established by sections 135A and 135B of
chapter 112 or by section 20B of chapter 233, relating to confidential communications, shall not
prohibit the filing of a report pursuant to this section.
(e) Nothing in this section shall impose a duty on the department to investigate known or
reasonably suspected animal cruelty, abuse or neglect.
(f) Nothing in this section shall prevent the department, area office or subdivision from entering
into an agreement, contract or memorandum of understanding with the entities that investigate
reports of animal cruelty, abuse or neglect as described in section 57 of chapter 22C, to require
such reports or to engage in training in identification and reporting of animal abuse, cruelty and
neglect.
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MASS. GEN. LAWS ch. 112, § 58B (2009). Cruelty to Animals; Limited Liability.
A veterinarian duly registered under section 55 who reports, in good faith and in the normal
course of business, a suspected act of cruelty to animals prohibited under section 77 or section
94 of chapter 272 to a police officer, or a special state police officer appointed under section 57
of chapter 22C, shall not be liable in a civil or criminal action for reporting such act.
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MASS. GEN. LAWS ch. 22C, § 57 (2009). Appointment of Agents for Certain Animal
Humane Societies as Special State Police Officers.
The colonel may appoint, at the request of the Massachusetts Society for the Prevention of
Cruelty to Animals, the Berkshire Animal Protective Society, Inc., the Animal Rescue League of
Boston, the Boston Work Horse Relief Association, the Lowell Humane Society, the Worcester
Animal Rescue League or the Animal Rescue League of New Bedford, duly accredited agents of
said corporations as special state police officers to serve for one year subject to removal by the
colonel. Such special state police officers shall report to him relative to their official acts as such
police officers at such times and in such manner as the colonel may require. They shall serve
without pay, except their regular compensation as agents of said corporation. They shall receive
no fees for services or return of any criminal process and shall have throughout the
commonwealth the powers of constables and police officers to arrest and detain any person
violating any law for the prevention of cruelty to animals.
provision.
MASS. GEN. LAWS ch. 272, § 84 (2009). Officers to Prosecute.
Sheriffs, deputy sheriffs, constables and police officers shall prosecute all violations of sections
seventy-seven to eighty-one, inclusive, which come to their notice.
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12. SEXUAL ASSAULT
MASS. GEN. LAWS ch. 272, § 34 (2009). Crime against nature
Whoever commits the abominable and detestable crime against nature, either with mankind or
with a beast, shall be punished by imprisonment in the state prison for not more than twenty
years.
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13. FIGHTING
MASS. GEN. LAWS ch. 272, § 88 (2009). Search Warrant for Fighting Birds, etc.
If complaint is made to a court or magistrate authorized to issue warrants in criminal cases that
the complainant has reasonable cause to believe that preparations are being made for an
exhibition of the fighting of birds, dogs or other animals, or that such exhibition is in progress,
or that birds, dogs or other animals are kept, owned, possessed, trained, bred, loaned, sold,
exported or otherwise transferred in violation of section 94 at any place or in any building or
tenement, such court or magistrate, if satisfied that there is reasonable cause for such belief,
shall issue a search warrant authorizing any sheriff, deputy sheriff, constable or police officer,
or special police officer duly appointed by the colonel of the state police at the request of the
Massachusetts Society for the Prevention of Cruelty to Animals or at the request of the Animal
Rescue League of Boston, to search such place, building or tenement at any hour of the day or
night and take possession of all such animals and all paraphernalia, implements, equipment or
other property used or employed, or intended to be used or employed, in violation of section 94
there found, and arrest all persons there present.
MASS. GEN. LAWS ch. 272, § 89 (2009). Entry without a Warrant, etc.
Any officer authorized to serve criminal process, or any special police officer duly appointed by
the colonel of the state police at the request of the Massachusetts Society for the Prevention of
Cruelty to Animals, or any municipal officer involved with animal control may, without a
warrant, enter any place or building in which there is an exhibition of any fighting birds, dogs or
other animals, preparations are being made for such an exhibition, or birds, dogs or other
animals are owned, possessed, kept, trained, bred, loaned, sold, exported or otherwise
transferred in violation of section 94. Any such officer may arrest all persons there present and
take possession of and remove from the place of seizure such animals there found in violation of
said section 94, and hold the same in custody subject to the order of court as hereinafter
provided.
MASS. GEN. LAWS ch. 272, § 91 (2009). Judgment of Forfeiture, etc.; Proceedings Thereon.
After seizure and removal of animals or property used or employed, or intended to be used or
employed, in violation of section 94, application shall be made to a district court for a decree of
forfeiture of the animals or property. If, after hearing on the application, notice thereof having
been previously given as the court orders, it shall be found that the animals, at the time of
seizure, were engaged, or were intended to be engaged, in fighting at an exhibition thereof or the
animals were owned, possessed, kept, trained, bred, loaned, sold, exported or otherwise
transferred in violation of section 94, such animals shall be adjudged forfeited and the court
shall thereupon, unless an appeal is taken as provided in the following section, issue an order
for killing them. The order shall be directed to any officer authorized to serve criminal process
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and the officer receiving such order shall cause the animals to be killed within 24 hours
thereafter. Animals or property seized as hereinbefore provided, which are not adjudged
forfeited, shall be delivered to the owner or person entitled to the possession thereof. Any person
shall be allowed to appear as claimant in the proceeding upon the application for a decree of
forfeiture.
MASS. GEN. LAWS ch. 272, § 92 (2009). Appeal.
An owner or claimant aggrieved by such judgment may, within twenty-four hours after the entry
thereof and before its execution, appeal therefrom to the superior court; and all proceedings
upon and after such appeal, including the right of exception, shall conform, so far as may be, to
those in criminal cases, except that before such appeal is allowed the appellant shall recognize
to the commonwealth in the sum of two hundred dollars, with sufficient sureties, to prosecute his
appeal and to pay such expenses of the prosecution as the court may order and such expenses as
may be thereafter incurred in the care and keeping of the birds, dogs or other animals claimed
by such appellant if final judgment is rendered against them, and to abide the judgment of the
court thereon. Upon the final judgment, the birds, dogs or other animals held in custody to abide
such judgment shall be disposed of, under the direction of the superior court, in like manner as
the court or justice might have disposed of them if no appeal had been taken. During the
pendency of the appeal, all birds, dogs or other animals adjudged forfeited shall be kept in
custody in a place other than that from which they were taken.
MASS. GEN. LAWS ch. 272, § 93 (2009). Expenses of Care, etc., of Birds, etc.
The necessary expenses incurred in the care and destruction of such birds, dogs and other
animals may be allowed and paid in the same manner as expenses in criminal prosecutions.
MASS. GEN. LAWS ch. 272, § 94 (2009). Owning, possessing or training fighting animals;
establishing or promoting exhibition; loaning, selling or exporting fighting animals; owning
or possessing animals for breeding fighting animals
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 correction for not more than 1 year, or by a fine of not
more than $1,000 or by both such fine and imprisonment.
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MASS. GEN. LAWS ch. 272, § 95 (2009). 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 2 ½ years or by both such fine and
imprisonment.
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post security.
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MASS. GEN. LAWS ch. 112, § 58B (2009). Cruelty to Animals; Limited Liability.
A veterinarian duly registered under section 55 who reports, in good faith and in the normal
course of business, a suspected act of cruelty to animals prohibited under section 77 or section
94 of chapter 272 to a police officer, or a special state police officer appointed under section 57
of chapter 22C, shall not be liable in a civil or criminal action for reporting such act.
MASS. GEN. LAWS ch. 22C, § 57 (2009). Appointment of Agents for Certain Animal
Humane Societies as Special State Police Officers.
The colonel may appoint, at the request of the Massachusetts Society for the Prevention of
Cruelty to Animals, the Berkshire Animal Protective Society, Inc., the Animal Rescue League of
Boston, the Boston Work Horse Relief Association, the Lowell Humane Society, the Worcester
Animal Rescue League or the Animal Rescue League of New Bedford, duly accredited agents of
said corporations as special state police officers to serve for one year subject to removal by the
colonel. Such special state police officers shall report to him relative to their official acts as such
police officers at such times and in such manner as the colonel may require. They shall serve
without pay, except their regular compensation as agents of said corporation. They shall receive
no fees for services or return of any criminal process and shall have throughout the
commonwealth the powers of constables and police officers to arrest and detain any person
violating any law for the prevention of cruelty to animals.
MASS. GEN. LAWS ch. 119, § 85 (2009). Department employees reporting animal cruelty,
abuse or neglect; immunity from liability
(a) During any investigation or evaluation reported under section 51A, any employee of the
department or person employed pursuant to a contract with the department, when acting in his
observes an animal whom he knows or reasonably suspects has been the victim of animal
cruelty, abuse or neglect, may report the known or suspected animal cruelty, abuse or neglect to
the entities that investigate reports of animal cruelty, abuse or neglect, as described in section 57
of chapter 22C, or any local animal control authority.
(b) The report may be made within 2 working days of receiving the information concerning the
animal, by facsimile transmission or a written report or by telephone. In cases where an
immediate response may be necessary in order to protect the health and safety of the animal, the
report should be made by telephone as soon as possible.
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(c) When 2 or more employees of the department are present and jointly have knowledge of
known or reasonably suspected animal cruelty, abuse or neglect, and where there is agreement
among them, a report may be made by 1 person by mutual agreement. Any reporter who has
knowledge that the person designated to report has failed to do so may thereafter make the
report.
(d) No person making such report shall be liable in any civil or criminal action by reason of such
report if it was made in good faith. Any privilege established by sections 135A and 135B of
chapter 112 or by section 20B of chapter 233, relating to confidential communications, shall not
prohibit the filing of a report pursuant to this section.
(e) Nothing in this section shall impose a duty on the department to investigate known or
reasonably suspected animal cruelty, abuse or neglect.
(f) Nothing in this section shall prevent the department, area office or subdivision from entering
into an agreement, contract or memorandum of understanding with the entities that investigate
reports of animal cruelty, abuse or neglect as described in section 57 of chapter 22C, to require
such reports or to engage in training in identification and reporting of animal abuse, cruelty and
neglect.
another person, or wilfully and maliciously administers or exposes poison with intent that it shall
be taken or swallowed by any such animal, shall be punished by imprisonment in the state prison
for not more than five years or by imprisonment in the house of correction for not more than 2
1/2 years or by a fine of not more than $ 2,500, or by both such fine and imprisonment.
MASS. GEN. LAWS ch. 272, § 34 (2009). Crime against nature
Whoever commits the abominable and detestable crime against nature, either with mankind or
with a beast, shall be punished by imprisonment in the state prison for not more than twenty
years.
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provision.
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MASS. GEN. LAWS ch. 272, § 83 (2009). Complaint, Warrant, and Search Relative to
Cruelty to Animals.
If a complaint is made to a court or magistrate authorized to issue warrants in criminal cases that
the complainant has reasonable cause to believe that the laws relative to cruelty to animals have
been or are violated in any particular building or place, such court or magistrate, if satisfied that
there is reasonable cause for such belief, shall issue a search warrant authorizing any sheriff,
deputy sheriff, constable or police officer to search such building or place; but no such search
shall be made after sunset, unless specially authorized by the magistrate upon satisfactory cause
shown.
MASS. GEN. LAWS ch. 272, § 84 (2009). Officers to Prosecute.
Sheriffs, deputy sheriffs, constables and police officers shall prosecute all violations of sections
seventy-seven to eighty-one, inclusive, which come to their notice.
MASS. GEN. LAWS ch. 272, § 88 (2009). Search Warrant for Fighting Birds, etc.
If complaint is made to a court or magistrate authorized to issue warrants in criminal cases that
the complainant has reasonable cause to believe that preparations are being made for an
exhibition of the fighting of birds, dogs or other animals, or that such exhibition is in progress, or
that birds, dogs or other animals are kept, owned, possessed, trained, bred, loaned, sold, exported
or otherwise transferred in violation of section 94 at any place or in any building or tenement,
such court or magistrate, if satisfied that there is reasonable cause for such belief, shall issue a
search warrant authorizing any sheriff, deputy sheriff, constable or police officer, or special
police officer duly appointed by the colonel of the state police at the request of the
Massachusetts Society for the Prevention of Cruelty to Animals or at the request of the Animal
Rescue League of Boston, to search such place, building or tenement at any hour of the day or
night and take possession of all such animals and all paraphernalia, implements, equipment or
other property used or employed, or intended to be used or employed, in violation of section 94
there found, and arrest all persons there present.
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MASS. GEN. LAWS ch. 272, § 89 (2009). Entry without a Warrant, etc.
Any officer authorized to serve criminal process, or any special police officer duly appointed by
the colonel of the state police at the request of the Massachusetts Society for the Prevention of
Cruelty to Animals, or any municipal officer involved with animal control may, without a
warrant, enter any place or building in which there is an exhibition of any fighting birds, dogs or
other animals, preparations are being made for such an exhibition, or birds, dogs or other animals
are owned, possessed, kept, trained, bred, loaned, sold, exported or otherwise transferred in
violation of section 94. Any such officer may arrest all persons there present and take possession
of and remove from the place of seizure such animals there found in violation of said section 94,
and hold the same in custody subject to the order of court as hereinafter provided.
MASS. GEN. LAWS ch. 272, § 91 (2009). Judgment of Forfeiture, etc.; Proceedings Thereon.
After seizure and removal of animals or property used or employed, or intended to be used or
employed, in violation of section 94, application shall be made to a district court for a decree of
forfeiture of the animals or property. If, after hearing on the application, notice thereof having
been previously given as the court orders, it shall be found that the animals, at the time of
seizure, were engaged, or were intended to be engaged, in fighting at an exhibition thereof or the
animals were owned, possessed, kept, trained, bred, loaned, sold, exported or otherwise
transferred in violation of section 94, such animals shall be adjudged forfeited and the court shall
thereupon, unless an appeal is taken as provided in the following section, issue an order for
killing them. The order shall be directed to any officer authorized to serve criminal process and
the officer receiving such order shall cause the animals to be killed within 24 hours thereafter.
Animals or property seized as hereinbefore provided, which are not adjudged forfeited, shall be
delivered to the owner or person entitled to the possession thereof. Any person shall be allowed
to appear as claimant in the proceeding upon the application for a decree of forfeiture.
MASS. GEN. LAWS ch. 272, § 92 (2009). Appeal.
An owner or claimant aggrieved by such judgment may, within twenty-four hours after the entry
thereof and before its execution, appeal therefrom to the superior court; and all proceedings upon
and after such appeal, including the right of exception, shall conform, so far as may be, to those
in criminal cases, except that before such appeal is allowed the appellant shall recognize to the
commonwealth in the sum of two hundred dollars, with sufficient sureties, to prosecute his
appeal and to pay such expenses of the prosecution as the court may order and such expenses as
may be thereafter incurred in the care and keeping of the birds, dogs or other animals claimed by
such appellant if final judgment is rendered against them, and to abide the judgment of the court
thereon. Upon the final judgment, the birds, dogs or other animals held in custody to abide such
judgment shall be disposed of, under the direction of the superior court, in like manner as the
court or justice might have disposed of them if no appeal had been taken. During the pendency
of the appeal, all birds, dogs or other animals adjudged forfeited shall be kept in custody in a
place other than that from which they were taken.
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MASS. GEN. LAWS ch. 272, § 93 (2009). Expenses of Care, etc., of Birds, etc.
The necessary expenses incurred in the care and destruction of such birds, dogs and other
animals may be allowed and paid in the same manner as expenses in criminal prosecutions.
MASS. GEN. LAWS ch. 272, § 94 (2009). Owning, possessing or training fighting animals;
establishing or promoting exhibition; loaning, selling or exporting fighting animals; owning
or possessing animals for breeding fighting animals
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 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. GEN. LAWS ch. 272, § 95 (2009). 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 2 ½ years or by both such fine and
imprisonment.
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post security.
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ANIMAL PROTECTION LAWS OF MICHIGAN
ANIMAL PROTECTION LAWS OF MICHIGAN
2. PENALTIES
3. EXEMPTIONS
12. SEXUAL ASSAULT
13. FIGHTING
This chapter contains Michigan’s general animal protection and related statutes enacted prior to November 2009. It
Michigan may employ similar provisions within other non-animal-specific criminal and civil statutes; may have other

USA Map
MICHIGAN

Animal cruelty
MICH. COMP. LAWS § 750.50
(2)
Willful and malicious killing, torturing,
maiming or poisoning
MICH. COMP. LAWS § 750.50b
Animals Covered in Definition A[A]ny vertebrates other than a human being@

MICH. COMP. LAWS § 750.50(1)(b)
A[A]ny vertebrate other than a human being@

MICH. COMP. LAWS § 750.50b(1)
“[A]ll brute creatures”


[1st offense and 1 victim] OR
[2-3 victims or death of an animal victim]:
Misdemeanor
[4-9 victims OR one prior offense]:

Class G felony
[10 or more victims OR 2+ prior offenses]:

Class F felony
----------
(2)
Class F felony
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MICHIGAN continued

[1st offense and 1 victim]:
and/or
$1,000 fine
and/or
and
Costs of prosecution
MICH. COMP. LAWS § 750.50(4)(a)
[2-3 victims or death of an animal victim]:

and/or
$2,000 fine
and/or
and
MICH. COMP. LAWS § 750.50(4)(b)
[4-9 victims OR one prior offense]:

and/or
$2,000 fine
and/or
and
MICH. COMP. LAWS § 750.50(4)(c)
[10 or more victims OR 2+ prior offenses]:

and/or
$5,000 fine
and/or
and
MICH. COMP. LAWS § 750.50(4)(d)
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MICHIGAN continued

and/or
$5,000 fine
and/or
and
Costs of prosecution and costs of care for the
abused animal
MICH. COMP. LAWS §750.50b(3)
3. EXEMPTIONS *** 1, 2, 3, 4, 5, 6, 8, 9
MICH. COMP. LAWS § 750.50(11),(12)
1, 2, 3, 4, 5, 6, 9
MICH. COMP. LAWS §§ 750.50b(8)-(11)
4. COUNSELING / EVALUATIONS H Court may order offender to have a mental

health evaluation and treatment if warranted,
at offender’s expense
MICH. COMP. LAWS § 750.50(5)
Court may order counseling as a condition of

probation
6. RESTITUTION / REIMBURSEMENT Defendant must post bond to cover costs of

H
care to avoid pre-trial forfeiture
Court may order reimbursement for costs of

care upon conviction
MICH. COMP. LAWS §§ 750.50(8), 750.50b(4)
Court may order payment of costs of

prosecution
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MICHIGAN continued
7. SEIZURE / ON-SITE SUPERVISION It is the duty of the person making an arrest

for animal cruelty to seize all animals found
in the custody of the person arrested

cause
8. FORFEITURE / POSSESSION H Prosecuting attorney may file petition with

the court requesting forfeiture
Court may order defendant not to own or

possess an animal as a condition of probation
Court may order permanent relinquishment of

animal possession for second and subsequent
violations
Court may revoke probation of anyone who

violates a forfeiture order and charge them
with contempt
MICH. COMP. LAWS §§ 750.50(10),
750.50b(7)
Court may order forfeiture for any period of

time including permanent relinquishment
10. VETERINARIAN REPORTING / IMMUNITY A veterinarian or veterinary technician is

reporting an animal they suspect is
abandoned, neglected, or abused
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MICHIGAN continued
11. LAW ENFORCEMENT POLICIES Law enforcement officers have a duty to

arrest and prosecute all persons who violate
animal cruelty laws when there is knowledge
or reasonable notice of such violations
Law enforcement officers may be issued

search warrants to investigate animal abuse
Each humane society may have persons

appointed deputy sheriffs with power to
enforce animal cruelty laws

punishable by up to 15 years in prison, or up
to life in prison for an offender who was
“sexually delinquent person” at the time of
the assault
13. FIGHTING Various animal fighting activities are felonies

Other Felony Provisions Affecting Animals I Killing or seriously harming a police animal
MICH. COMP. LAWS § 750.50c
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MICH. COMP. LAWS § 750.50 (2009) Definitions; crimes against animals, cruel treatment,
abandonment, failure to provide adequate care, etc.; penalties; multiple prosecutions;
payment of costs; exceptions
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
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.
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(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.
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(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
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
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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 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.
(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.
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(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:
(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 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:
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(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 § 750.50b (2009). Animal defined; prohibited acts; violation; penalty;
exceptions.
(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
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.
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(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.
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.
not to own or possess an animal for any period of time determined by the court, which may
include permanent relinquishment.
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
(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 subsections, “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.
environmental protection act, 1994 PA 451, MCL 324.101 to 324.90106, and orders
issued under that act.
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(c) Pest or rodent control regulated under part 83 or the natural resources and
(d) Activities authorized under rules promulgated under section 9 of the executive
(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:
(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.
333.18801 to 333.1883.
MICH. COMP. LAWS § 750.56 (2009). Definitions
Sec. 56. In the preceding sections of this chapter the word "animal" or "animals" shall be held to
include all brute creatures, and the words "owner", "person", and "whoever" shall be held to
include corporations as well as individuals, and the knowledge and acts of agents of any persons
employed by corporations in regard to animals transported, owned, or employed by, or in the
custody of such corporations, shall be held to be the acts and knowledge of such corporations.
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2. PENALTIES
Sec. 50.

466, MCL 287.701 to 287.747.

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following:


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.
the following:
worked, or beaten.
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
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(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.
pain.
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3 animals or the death of any animal, the person is guilty of a misdemeanor punishable by

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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:
action.
following:
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(a) Fishing.
(c) Horse racing.

livestock.
code, 1978 PA 368, MCL 333.2226, 333.2671, 333.2676, and 333.7333.
333.18801 to 333.18838.
exceptions.
without just cause:

animal.
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following:
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.
following:
(a) Fishing.
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(a) 1969 PA 224, MCL 287.381 to 287.395.
MCL 333.2226, 333.2671, 333.2676, 333.7109, and 333.7333.
333.18801 to 333.1883.
MICH. COMP. LAWS § 777.16b (2009). Application of chapter to Michigan Compiled Laws
chapter 750, sections 750.49 to 750.68; enumerated felonies
Sec. 16b. This chapter applies to the following felonies enumerated in chapter 750 of the
Michigan Compiled Laws:
M.C.L. Category Class Description Stat Max

750.49(2)(a) to (d) Pub ord F Fighting animals or providing facilities
for animal fights 4
750.49(2)(e) Pub ord F Organizing or promoting animal fights 4
750.49(2)(f) Pub ord H Attending animal fight 4
750.49(2)(g) Pub ord F Breeding or selling fighting animals 4
750.49(2)(h) Pub ord F Selling or possessing equipment for
animal fights 4
750.49(8) Person A Inciting fighting animal resulting in
death Life
750.49(9) Person F Inciting fighting animal to attack 4
750.49(10) Person D Fighting animal attacking without
provocation and death resulting 15
750.50(4)(c) Pub ord G Animal neglect or cruelty involving 4
or more animals but fewer than 10
animals or with 1 prior conviction 2
750.50(4)(d) Pub ord F Animal neglect or cruelty involving 10
or more animals or with 2 or more 4
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prior convictions
750.50b(2) Property F Killing or torturing animals 4
750.50c(5) Pub ord E Killing or causing serious physical
harm to law enforcement animal or
search and rescue dog 5
750.50c(7) Pub saf H Harassing or causing harm to law
enforcement animal or search and
rescue dog while committing crime 2
750.68 Property G Changing brands with intent to steal 4
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3. EXEMPTIONS
Sec. 50.

466, MCL 287.701 to 287.747.

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following:


similar device.
the following:
worked, or beaten.
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pain.
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action.
following:
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(a) Fishing.
(c) Horse racing.

livestock.
code, 1978 PA 368, MCL 333.2226, 333.2671, 333.2676, and 333.7333.
333.18801 to 333.18838.
exceptions.
without just cause:

animal.
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following:
(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 subsections, “livestock” means that term
as defined in section 5 of the animal industry act, 1988 PA 466, MCL 287.705.
following:
(a) Fishing.
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(a) 1969 PA 224, MCL 287.381 to 287.395.
MCL 333.2226, 333.2671, 333.2676, 333.7109, and 333.7333.
333.18801 to 333.1883.
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Sec. 50.

466, MCL 287.701 to 287.747.

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following:


similar device.
the following:
worked, or beaten.
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pain.
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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
action.
following:
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(a) Fishing.
(c) Horse racing.

livestock.
code, 1978 PA 368, MCL 333.2226, 333.2671, 333.2676, and 333.7333.
333.18801 to 333.18838.
exceptions.
without just cause:

animal.
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following:
or psychological counseling and, if determined appropriate by the court, to receive psychiatric
or psychological counseling at his or her own expense.
following:
(a) Fishing.
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(a) 1969 PA 224, MCL 287.381 to 287.395.
MCL 333.2226, 333.2671, 333.2676, 333.7109, and 333.7333.
333.18801 to 333.1883.
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Sec. 50.

466, MCL 287.701 to 287.747.

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following:


similar device.
the following:
worked, or beaten.
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pain.
(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
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
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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
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 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.

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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.
following:
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(a) Fishing.
(c) Horse racing.

livestock.
code, 1978 PA 368, MCL 333.2226, 333.2671, 333.2676, and 333.7333.
333.18801 to 333.18838.
exceptions.
without just cause:

animal.
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following:
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.
following:
(a) Fishing.
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(a) 1969 PA 224, MCL 287.381 to 287.395.
MCL 333.2226, 333.2671, 333.2676, 333.7109, and 333.7333.
333.18801 to 333.1883.
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MICH. COMP. LAWS § 750.53 (2009). Arrest of persons; seizure of animals.
Sec. 53. Arrest of persons and seizure of animals-Persons found violating any of the provisions
of the preceding sections of this chapter may be arrested and held without warrant, in like
manner as in the case of persons found breaking the peace, and it shall be the duty of the person
making the arrest to seize all animals and fowls found in the keeping or custody of the person
arrested, and which are then being used, or held for use in violation of any of the provisions of
the preceding sections of this chapter, and the person making such seizure shall cause such
animals or fowls to be at once delivered to a poundmaster of the city, village or township in
which the same may be, and it shall be the duty of such poundmaster to receive such animals or
fowls, and to hold the same and proceed in regard to them in all respects as provided by law in
other cases of animals impounded.
MICH. COMP. LAWS § 750.54 (2009). Search warrants.
Sec. 54. When complaint is made, on oath or affirmation, to any magistrate authorized to issue
warrants in criminal cases, that the complainant believes that any of the provisions of the
preceding sections of this chapter are being, or are about to be violated in any particular
building or place, such magistrate, if satisfied that there is reasonable cause for such belief,
shall issue and deliver a search warrant to any sheriff, deputy sheriff, constable or public
officer, authorizing him to search such building or place and to arrest any person or persons
engaged in violating any of the provisions of the preceding sections of this chapter, as well as
any person or persons there present, and aiding or abetting therein, and to bring such person or
persons before some magistrate of competent jurisdiction, to be dealt with according to law.
Such officer shall, at the same time, seize and bring to said magistrate every article or
instrument found in said building or place especially designed or adapted to torture or inflict
wounds upon any animal or to aid in the fighting or baiting of any animal; and unless within 10
days after the trial of the person or persons so arrested, the owner of said article or instrument
shall show, to the satisfaction of said magistrate, that the same is not designed or adapted to the
wounding or torture of animals, or if so designed or adapted, is not intended to be used or
employed for such purpose, the magistrate shall destroy such article or instrument.
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Sec. 50.

466, MCL 287.701 to 287.747.

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following:


similar device.
the following:
worked, or beaten.
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pain.
(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
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
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
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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
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 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.

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action.
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
following:
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(a) Fishing.
(c) Horse racing.

livestock.
code, 1978 PA 368, MCL 333.2226, 333.2671, 333.2676, and 333.7333.
333.18801 to 333.18838.
exceptions.
without just cause:

animal.
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following:
following:
(a) Fishing.
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(a) 1969 PA 224, MCL 287.381 to 287.395.
MCL 333.2226, 333.2671, 333.2676, 333.7109, and 333.7333.
333.18801 to 333.1883.
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MICH. COMP. LAWS § 333.18827 (2009). Veterinarian or veterinary technician; reporting

animal to be abandoned, neglected, or abused; immunity.
Sec. 18827. A veterinarian or veterinary technician who in good faith reports to a peace officer,
an animal control officer, or an officer of a private organization devoted to the humane
treatment of animals an animal that the veterinarian or veterinary technician knows or
reasonably believes to be abandoned, neglected, or abused is immune from civil or criminal
liability for making the report.
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MICH. COMP. LAWS § 750.52 (2009). Duty of public officers.
Sec. 52. It shall also be the duty of all sheriffs, deputy sheriffs, constables, policemen and public
officers, to arrest and prosecute all persons of whose violation of the provisions of the preceding
sections of this chapter they may have knowledge or reasonable notice, and for each neglect of
such duty, the officer so offending shall be deemed guilty of a misdemeanor.
preceding sections of this chapter are being, or are about to be violated in any particular
building or place, such magistrate, if satisfied that there is reasonable cause for such belief,
shall issue and deliver a search warrant to any sheriff, deputy sheriff, constable or public
officer, authorizing him to search such building or place and to arrest any person or persons
engaged in violating any of the provisions of the preceding sections of this chapter, as well as
any person or persons there present, and aiding or abetting therein, and to bring such person or
persons before some magistrate of competent jurisdiction, to be dealt with according to law.
Such officer shall, at the same time, seize and bring to said magistrate every article or
instrument found in said building or place especially designed or adapted to torture or inflict
wounds upon any animal or to aid in the fighting or baiting of any animal; and unless within 10
days after the trial of the person or persons so arrested, the owner of said article or instrument
shall show, to the satisfaction of said magistrate, that the same is not designed or adapted to the
wounding or torture of animals, or if so designed or adapted, is not intended to be used or
employed for such purpose, the magistrate shall destroy such article or instrument.
MICH. COMP. LAWS § 750.55 (2009). Incorporated society, representative deputy sheriff.
Sec. 55. Any society incorporated in this state for the purpose of preventing cruelty to animals
may designate 1 or more persons in each county of the state to discover and prosecute all cases
of the violation of the provisions of this chapter; and the sheriff of such county may appoint each
person so designated a deputy sheriff, provided such person shall be of good moral character,
and each person so appointed by the sheriff shall possess all the powers of a sheriff of the county
in enforcement of the provisions of this chapter. The sheriff shall not be responsible for any of
the acts of such person or persons, but the society, if incorporated, and if not, then the officers
and members of the society, on the request of which such person was appointed, shall be liable
in the degree of a principal for the acts of an agent.
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12. SEXUAL ASSAULT
MICH. COMP. LAWS § 750.158 (2009). 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.
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13. FIGHTING
MICH. COMP. LAWS § 750.49 (2009). 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,
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).
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(3) A person who violates subsection (2)(a) to (e) is guilty of a felony punishable by 1 or more of
the following:
(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:
(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.
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.
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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.
offspring of a dog trained or used for fighting goes beyond the property limits 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.
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.
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(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 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.
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(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.
for any other violation of law that is committed by that person while violating this section.

750.49(2)(a) to (d) Pub ord F Fighting animals or providing facilities for
animal fights 4
750.49(2)(h) Pub ord F Selling or possessing equipment for animal
fights 4
750.49(8) Person A Inciting fighting animal resulting in death Life
750.49(10) Person D Fighting animal attacking without provocation
and death resulting 15
750.50(4)(c) Pub ord G Animal neglect or cruelty involving 4 or more
animals but fewer than 10 animals or with 1
prior conviction 2
750.50(4)(d) Pub ord F Animal neglect or cruelty involving 10 or more
animals or with 2 or more prior convictions 4
750.50c(5) Pub ord E Killing or causing serious physical harm to law
enforcement animal or search and rescue dog 5
750.50c(7) Pub saf H Harassing or causing harm to law enforcement
animal or search and rescue dog while
committing crime 2
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MICH. COMP. LAWS § 333.18827 (2009). Veterinarian or veterinary technician; reporting

animal to be abandoned, neglected, or abused; immunity.
Sec. 18827. A veterinarian or veterinary technician who in good faith reports to a peace officer,
an animal control officer, or an officer of a private organization devoted to the humane treatment
of animals an animal that the veterinarian or veterinary technician knows or reasonably believes
to be abandoned, neglected, or abused is immune from civil or criminal liability for making the
report.
MICH. COMP. LAWS § 750.49 (2009). 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.
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(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,
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:
(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:
(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.
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.
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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.
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.
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.
offspring of a dog trained or used for fighting goes beyond the property limits 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.
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 .
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(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 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.
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(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.
for any other violation of law that is committed by that person while violating this section.
Sec. 50.
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466, MCL 287.701 to 287.747.

following:


similar device.
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the following:
worked, or beaten.
pain.
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action.
following:
(a) Fishing.
(c) Horse racing.

livestock.

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code, 1978 PA 368, MCL 333.2226, 333.2671, 333.2676, and 333.7333.
333.18801 to 333.18838.
exceptions.
without just cause:

animal.
following:
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following:
(a) Fishing.
(a) 1969 PA 224, MCL 287.381 to 287.395.
MCL 333.2226, 333.2671, 333.2676, 333.7109, and 333.7333.
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333.18801 to 333.1883.
MICH. COMP. LAWS § 750.52 (2009). Duty of public officers.
Sec. 52. It shall also be the duty of all sheriffs, deputy sheriffs, constables, policemen and public
officers, to arrest and prosecute all persons of whose violation of the provisions of the preceding
sections of this chapter they may have knowledge or reasonable notice, and for each neglect of
such duty, the officer so offending shall be deemed guilty of a misdemeanor.
MICH. COMP. LAWS § 750.53 (2009). Arrest of persons; seizure of animals.
Sec. 53. Arrest of persons and seizure of animals-Persons found violating any of the provisions
of the preceding sections of this chapter may be arrested and held without warrant, in like
manner as in the case of persons found breaking the peace, and it shall be the duty of the person
making the arrest to seize all animals and fowls found in the keeping or custody of the person
arrested, and which are then being used, or held for use in violation of any of the provisions of
the preceding sections of this chapter, and the person making such seizure shall cause such
animals or fowls to be at once delivered to a poundmaster of the city, village or township in
which the same may be, and it shall be the duty of such poundmaster to receive such animals or
fowls, and to hold the same and proceed in regard to them in all respects as provided by law in
other cases of animals impounded.
preceding sections of this chapter are being, or are about to be violated in any particular building
or place, such magistrate, if satisfied that there is reasonable cause for such belief, shall issue and
deliver a search warrant to any sheriff, deputy sheriff, constable or public officer, authorizing
him to search such building or place and to arrest any person or persons engaged in violating any
of the provisions of the preceding sections of this chapter, as well as any person or persons there
present, and aiding or abetting therein, and to bring such person or persons before some
magistrate of competent jurisdiction, to be dealt with according to law. Such officer shall, at the
same time, seize and bring to said magistrate every article or instrument found in said building or
place especially designed or adapted to torture or inflict wounds upon any animal or to aid in the
fighting or baiting of any animal; and unless within 10 days after the trial of the person or
persons so arrested, the owner of said article or instrument shall show, to the satisfaction of said
magistrate, that the same is not designed or adapted to the wounding or torture of animals, or if
so designed or adapted, is not intended to be used or employed for such purpose, the magistrate
shall destroy such article or instrument.
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MICH. COMP. LAWS § 750.55 (2009). Incorporated society, representative deputy sheriff.
Sec. 55. Any society incorporated in this state for the purpose of preventing cruelty to animals
may designate 1 or more persons in each county of the state to discover and prosecute all cases
of the violation of the provisions of this chapter; and the sheriff of such county may appoint each
person so designated a deputy sheriff, provided such person shall be of good moral character,
and each person so appointed by the sheriff shall possess all the powers of a sheriff of the county
in enforcement of the provisions of this chapter. The sheriff shall not be responsible for any of
the acts of such person or persons, but the society, if incorporated, and if not, then the officers
and members of the society, on the request of which such person was appointed, shall be liable in
the degree of a principal for the acts of an agent.
MICH. COMP. LAWS § 750.56 (2009). Definitions
Sec. 56. In the preceding sections of this chapter the word "animal" or "animals" shall be held to
include all brute creatures, and the words "owner", "person", and "whoever" shall be held to
include corporations as well as individuals, and the knowledge and acts of agents of any persons
employed by corporations in regard to animals transported, owned, or employed by, or in the
custody of such corporations, shall be held to be the acts and knowledge of such corporations.
MICH. COMP. LAWS § 750.158 (2009). 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.
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750.49(2)(a) to (d) Pub ord F Fighting animals or providing facilities
for animal fights 4
750.49(2)(h) Pub ord F Selling or possessing equipment for
animal fights 4
750.49(8) Person A Inciting fighting animal resulting in
death Life
750.49(10) Person D Fighting animal attacking without
provocation and death resulting 15
750.50(4)(c) Pub ord G Animal neglect or cruelty involving 4
or more animals but fewer than 10
animals or with 1 prior conviction 2
750.50(4)(d) Pub ord F Animal neglect or cruelty involving 10
or more animals or with 2 or more
prior convictions 4
750.50c(5) Pub ord E Killing or causing serious physical
harm to law enforcement animal or
search and rescue dog 5
750.50c(7) Pub saf H Harassing or causing harm to law
enforcement animal or search and
rescue dog while committing crime 2
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ANIMAL PROTECTION LAWS OF MINNESOTA
ANIMAL PROTECTION LAWS OF MINNESOTA
2. PENALTIES
3. EXEMPTIONS
12. SEXUAL ASSAULT
13. FIGHTING
This chapter contains Minnesota’s general animal protection and related statutes enacted prior to November 2009. It
Minnesota may employ similar provisions within other non-animal-specific criminal and civil statutes; may have other

USA Map
MINNESOTA

General cruelty
MINN. STAT. § 343.21
(2)
Poisoning animals
(3)
Injury to birds
Animals Covered in Definition A[E]very living creature except members of

the human race@
MINN. STAT. § 343.20(2)
Classification of Crimes (1)(a)

1st offense:
Misdemeanor
(1)(b)
2nd or subsequent offense involving torture
[Subd. 1] or cruelty [Subd. 7] within five
years of a previous violation of Subd. 1 or 7:
Gross misdemeanor
(1)(c)
1st offense involving torture [Subd. 1] or
cruelty [Subd. 7] when done intentionally,
resulting in substantial bodily harm to a pet or
companion animal:
Gross misdemeanor
MN-3
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MINNESOTA continued
Classification of Crimes continued (1)(d)

An offense involving torture [Subd. 1] or
companion animal within five years of a
previous gross misdemeanor or felony
violation of this section:
Felony
(1)(e)
resulting in death or great bodily harm to a
pet or companion animal:
Felony
(1)(f)
companion animal, and the act is done to
threaten, intimidate, or terrorize another
person:
Felony
(1)(g)
resulting in death or great bodily harm to a
pet or companion animal, and the act is done
to threaten, intimidate, or terrorize another
person:
Felony
----------
(2)
Gross misdemeanor
----------
(3)
Petty misdemeanor
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MINNESOTA continued
2. MAXIMUM PENALTIES ** (1)(a):

and/or
$1,000 fine
MINN. STAT. § 609.03(3)
(1)(b):
1 year imprisonment
and/or
$3,000 fine
MINN. STAT. § 609.03(2)
(1)(c):
1 year imprisonment
and/or
$3,000 fine
MINN. STAT. § 343.21(9)(b)
(1)(d):
and/or
$5,000 fine
MINN. STAT. § 343.21(9)(c)
(1)(e):
and/or
$5,000 fine
MINN. STAT. § 343.21(9)(d)
(1)(f):
and/or
$5,000 fine
MINN. STAT. § 343.21(9)(f)
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MINNESOTA continued
2. MAXIMUM PENALTIES continued** (1)(g):

and/or
$10,000 fine
MINN. STAT. § 343.21(9)(h)
----------
(2)
1 year imprisonment
and/or
$3,000 fine
MINN. STAT. § 609.03(2)
----------
(3)
$300 fine
MINN. STAT. § 609.02(4)
3. EXEMPTIONS *** 9
MINN. STAT. § 343.21(9)
4. COUNSELING / EVALUATIONS H Court may order counseling upon conviction

MINN. STAT. § 343.21(10)(4)
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MINNESOTA continued
6. RESTITUTION / REIMBURSEMENT Authority taking custody of animals may

H
recover all costs
MINN. STAT. § 343.22(3)
County may recover all expenses upon

conviction
Security may be posted to prevent disposition

of the animal
MINN. STAT. § 343.235(2)
Person claiming interest in animal is liable for

costs of care
MINN. STAT. § 343.235(3)(d)
Person possessing seized animal shall have a

lien for costs of care
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MINNESOTA continued
7. SEIZURE / ON-SITE SUPERVISION Peace officers must take possession of

animals which have been cruelly treated
Any person with probable cause can apply for

a warrant for investigation, which shall be
issued to a peace officer; court may order vet
to accompany officer
MINN. STAT. § 343.22(1)
Peace officer may seize animals designated in

search warrant
MINN. STAT. § 343.22(2)
Animals raised for food or fiber cannot be

seized without a veterinary exam
MINN. STAT. § 343.235(1)
Peace officers, animal control officers, or

humane agents may seize animals not
properly sheltered or fed
MINN. STAT. § 343.29(1)
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MINNESOTA continued
8. FORFEITURE / POSSESSION H Pets and companion animals that were not

seized shall be forfeited upon conviction
unless the court determines that the person is
fit to provide care; court may impose other
conditions, including period of probation
during which the person may not possess
animals
MINN. STAT. § 343.21(10)
Seized animals that are suffering and beyond

cure through reasonable care and treatment
may be immediately euthanized
MINN. STAT.§§ 343.22(3), 343.29(2)
Seized animals may be forfeited if owner fails

to post security, or if court finds following a
hearing that the person claiming an interest in
animal is unfit to provide adequate care
MINN. STAT. § 343.235
If owner is not known and not easily

ascertainable or fails to post a bond, animals
may be forfeited
MINN. STAT. § 343.29(1)
10. VETERINARIAN REPORTING / IMMUNITY If animal is abandoned with a veterinarian,

after ten days veterinarian may be relieved of
any liability for disposal of animal
MINN. STAT. § 346.37(1)(c),(d),(e)
Veterinarians must report known or suspected

cases of abuse, cruelty, or neglect
MINN. STAT. § 346.37(6)
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MINNESOTA continued
11. LAW ENFORCEMENT POLICIES Humane agents may be appointed to

investigate cruelty
Peace officers have a duty to investigate

suspected violations, arrest any person found
violating the law, and seize cruelly treated
animals
Any person with probable cause can apply for

a warrant for investigation, which shall be
issued to a peace officer; court may order vet
to accompany officer
MINN. STAT. § 343.22(1)
Peace officer may seize animals designated in

search warrant
MINN. STAT. § 343.22(2)
12. SEXUAL ASSAULT The sexual assault of an animal is a

misdemeanor; if committed in the presence of
another person, the offense is a gross
misdemeanor
MINN. STAT. § 609.294

is a gross misdemeanor
Other Felony Provisions Affecting Animals I Killing or harming a public safety dog
MINN. STAT. § 609.596
NOTES See also APet and Companion Animal

Welfare Act@
MINN. STAT. § 346.35 et. seq.
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MINN. STAT. § 343.20 (2009). Definitions
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. "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
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.
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Subd. 2. Nourishment; shelter. No person shall deprive any animal over which the person has
charge or control of necessary food, water, or shelter.
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 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.
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(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
(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
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 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.
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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. § 343.30 (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.
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2. PENALTIES
unwholesome milk.
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
person it serves.
Subd. 9. Penalty.
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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.
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.
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Subdivision 1. Crime.
"Crime" means conduct which is prohibited by statute and for which the actor may be sentenced
to imprisonment, with or without a fine.
Subd. 2. Felony.
"Felony" means a crime for which a sentence of imprisonment for more than one year may be
imposed.
Subd. 2a.
[Repealed, 1999 c 194 s 11]
Subd. 3. Misdemeanor.
"Misdemeanor" means a crime for which a sentence of not more than 90 days or a fine of not
more than $1,000, or both, may be imposed.
Subd. 4. Gross misdemeanor.
"Gross misdemeanor" means any crime which is not a felony or misdemeanor. The maximum
fine which may be imposed for a gross misdemeanor is $3,000.
Subd. 4a. Petty misdemeanor.
"Petty misdemeanor" means a petty offense which is prohibited by statute, which does not
constitute a crime and for which a sentence of a fine of not more than $300 may be imposed.
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Subd. 5. Conviction.
"Conviction" means any of the following accepted and recorded by the court:
(1) A plea of guilty; or
(2) A verdict of guilty by a jury or a finding of guilty by the court.
Subd. 6. Dangerous weapon.
"Dangerous weapon" means any firearm, whether loaded or unloaded, or any device designed as
a weapon and capable of producing death or great bodily harm, any combustible or flammable
liquid or other device or instrumentality that, in the manner it is used or intended to be used, is
calculated or likely to produce death or great bodily harm, or any fire that is used to produce
death or great bodily harm.
As used in this subdivision, "flammable liquid" means any liquid having a flash point below 100
degrees Fahrenheit and having a vapor pressure not exceeding 40 pounds per square inch
(absolute) at 100 degrees Fahrenheit but does not include intoxicating liquor as defined in
section 340A.101. As used in this subdivision, "combustible liquid" is a liquid having a flash
point at or above 100 degrees Fahrenheit.
Subd. 7. Bodily harm.
"Bodily harm" means physical pain or injury, illness, or any impairment of physical condition.
Subd. 7a. 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.
Subd. 8. 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.
Subd. 9. Mental state.
(1) When criminal intent is an element of a crime in this chapter, such intent is indicated by the
term "intentionally," the phrase "with intent to," the phrase "with intent that," or some form of
the verbs "know" or "believe."
(2) "Know" requires only that the actor believes that the specified fact exists.
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(3) "Intentionally" means that the actor either has a purpose to do the thing or cause the result
specified or believes that the act performed by the actor, if successful, will cause that result. In
addition, except as provided in clause (6), the actor must have knowledge of those facts which
are necessary to make the actor's conduct criminal and which are set forth after the word
"intentionally."
(4) "With intent to" or "with intent that" means that the actor either has a purpose to do the thing
or cause the result specified or believes that the act, if successful, will cause that result.
(5) Criminal intent does not require proof of knowledge of the existence or constitutionality of
the statute under which the actor is prosecuted or the scope or meaning of the terms used in that
statute.
(6) Criminal intent does not require proof of knowledge of the age of a minor even though age is
a material element in the crime in question.
Subd. 10. Assault.
"Assault" is:
(1) an act done with intent to cause fear in another of immediate bodily harm or death; or
(2) the intentional infliction of or attempt to inflict bodily harm upon another.
Subd. 11. Second or subsequent violation or offense.
"Second or subsequent violation" or "second or subsequent offense" means that prior to the
commission of the violation or offense, the actor has been adjudicated guilty of a specified
similar violation or offense.
Subd. 12.
[Repealed, 1993 c 326 art 2 s 34]
Subd. 13.
[Repealed, 1993 c 326 art 2 s 34]
Subd. 14. Electronic monitoring device.
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As used in sections 609.135, subdivision 5a, 611A.07, and 629.72, subdivision 2a, "electronic
monitoring device" means a radio frequency transmitter unit that is worn at all times on the
person of a defendant in conjunction with a receiver unit that is located in the victim's residence
or on the victim's person. The receiver unit emits an audible and visible signal whenever the
defendant with a transmitter unit comes within a designated distance from the receiver unit.
Subd. 15. Probation.
"Probation" means a court-ordered sanction imposed upon an offender for a period of

supervision no greater than that set by statute. It is imposed as an alternative to confinement or in
conjunction with confinement or intermediate sanctions. The purpose of probation is to deter
further criminal behavior, punish the offender, help provide reparation to crime victims and their
communities, and provide offenders with opportunities for rehabilitation.
Subd. 16. Qualified domestic violence-related offense.
"Qualified domestic violence-related offense" includes a violation of or an attempt to violate

sections 518B.01, subdivision 14 (violation of domestic abuse order for protection); 518B.01,
subdivision 22 (violation of domestic abuse no contact order); 609.185 (first-degree murder);
609.19 (second-degree murder); 609.221 (first-degree assault); 609.222 (second-degree assault);
609.223 (third-degree assault); 609.2231 (fourth-degree assault); 609.224 (fifth-degree assault);
609.2242 (domestic assault); 609.2247 (domestic assault by strangulation); 609.342 (first-degree
criminal sexual conduct); 609.343 (second-degree criminal sexual conduct); 609.344 (third-
degree criminal sexual conduct); 609.345 (fourth-degree criminal sexual conduct); 609.377
(malicious punishment of a child); 609.713 (terroristic threats); 609.748, subdivision 6 (violation
of harassment restraining order); 609.749 (harassment/stalking); and 609.78, subdivision 2
(interference with an emergency call); and similar laws of other states, the United States, the
District of Columbia, tribal lands, and United States territories.
MINN. STAT. § 609.03 (2009). Punishment when not otherwise fixed
If a person is convicted of a crime for which no punishment is otherwise provided the person
may be sentenced as follows:
(1) If the crime is a felony, to imprisonment for not more than five years or to payment of
a fine of not more than $ 10,000, or both; or
(2) If the crime is a gross misdemeanor, to imprisonment for not more than one year or to
payment of a fine of not more than $ 3,000, or both; or
(3) If the crime is a misdemeanor, to imprisonment for not more than 90 days or to
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(4) If the crime is other than a misdemeanor and a fine is imposed but the amount is not
specified, to payment of a fine of not more than $ 1,000, or to imprisonment for a
specified term of not more than six months if the fine is not paid.
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3. EXEMPTIONS
unwholesome milk.
person it serves.
Subd. 9. Penalty.
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unwholesome milk.
person it serves.
Subd. 9. Penalty.
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MINN. STAT. § 343.22 (2009). Investigation of cruelty complaints.
Subdivision 1. Reporting. Any person who has reason to believe that a violation of this chapter
has taken place or is taking place may apply to any court having jurisdiction over actions
alleging violation of that section for a warrant and for investigation. The court shall examine
under oath the person so applying and any witnesses the applicant produces and the court shall
take their affidavits in writing. The affidavits must set forth facts tending to establish the grounds
for believing a violation of this chapter has occurred or is occurring, or probable cause to believe
that a violation exists. If the court is satisfied of the existence of the grounds of the application,
or that there is probable cause to believe a violation exists, it shall issue a signed search warrant
and order for investigation to a peace officer in the county. The order shall command the officer
to proceed promptly to the location of the alleged violation. The order may command that a
doctor of veterinary medicine accompany the officer.
Subd. 2. Police investigation. The peace officer shall search the place designated in the warrant
and, together with the veterinary doctor, shall conduct an investigation of the facts surrounding
the alleged violation. The peace officer may retain in custody, subject to the order of the court,
any property or things which are specified in the warrant, including any animal if the warrant so
specifies. The warrant shall contain the names of the persons presenting affidavits in support of
the application and the grounds for its issuance. Service shall be made in accordance with the
provisions of sections 626.13, 626.14, and 626.16. The warrant must be executed and returned to
the court which issued the warrant within ten days after its date; after the expiration of that time
the warrant, unless executed, is void. The officer executing the warrant shall promptly return the
warrant to the court, and deliver to it a written inventory of the property or things taken, verified
by the certificate of the officer. The warrant and order for investigation issued pursuant to this
section and section 343.23 shall have the same force as a warrant issued pursuant to chapter 626.
Subd. 3. Disposal of animals. Upon a proper determination by a licensed doctor of veterinary

medicine, any animal taken into custody pursuant to this section may be immediately disposed of
when the animal is suffering and is beyond cure through reasonable care and treatment. All other
animals shall be disposed of as provided in section 343.235. The authority taking custody of the
animals may recover all costs incurred under this section.
MINN. STAT. § 343.23 (2009). Expenses of investigation.
The expenses of the investigation authorized by section 343.22, including the fee of the doctor of
veterinary medicine, the expenses of keeping or disposing of any animal taken into custody
pursuant to an investigation, and all other expenses reasonably incident to the investigation
shall be paid by the county treasurer from the general fund of the county. If the person alleged to
have violated section 343.21 is found guilty of the violation, the county shall have judgment
against the guilty person for the amount of the expenses.
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MINN. STAT. § 343.235 (2009). Disposition of seized animals
Subdivision 1. General rule. An animal taken into custody under section 343.12, 343.22, 343.29,
or 343.31 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, provided that the procedures in
subdivision 3 are followed. An animal raised for food or fiber products may not be seized or
disposed of without prior examination by a licensed veterinarian pursuant to a warrant issued by
a judge.
Subd. 2. Security. A person claiming an interest in an animal in custody under subdivision 1 may
prevent disposition of the animal by posting security in an amount sufficient to provide for the
animal's actual costs of care and keeping. The security must be posted within ten days of the
seizure inclusive of the date of the seizure.
Subd. 3. Notice; right to hearing.

(a) The authority taking custody of an animal under section 343.12, 343.22, 343.29, or 343.31
shall give notice of this section by delivering or mailing it to a person claiming an interest in the
animal or by posting a copy of it at the place where the animal is taken into custody or by
delivering it to a person residing on the property, and telephoning, if possible. The notice must
include:
(1) 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,
telephone number, and contact person where the animal is kept;
(2) a statement that a person claiming an interest in the animal may post security to
prevent disposition of the animal and may request a hearing concerning the seizure or
impoundment and that failure to do so within ten days of the date of the notice will result
in disposition of the animal; and
(3) a statement that all actual costs of the care, keeping, and disposal of the animal are the
responsibility of the person claiming an interest in 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 under this subdivision.
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(b) Upon request of a person claiming an interest in the animal, which request must be made
within ten days of the date of seizure, a hearing must be held within five business days of the
request, to determine the validity of the seizure and impoundment. If the seizure was done
pursuant to a warrant under section 343.22, the hearing must be conducted by the judge who
issued the warrant. If the seizure was done under section 343.12, 343.29, or 343.31, the
municipality taking custody of the animal or, in the case of a humane society, the municipality
from which the animal was seized, may either (1) authorize a licensed veterinarian with no
financial interest in the matter or professional association with either party or (2) use the services
of a hearing officer to conduct the hearing. A person claiming an interest in the animal who is
aggrieved by a decision of a hearing officer under this subdivision may seek a court order
governing the seizure or impoundment within five days of notice of the order.
(c) The judge or hearing officer may authorize the return of the animal, if the judge or hearing
officer finds that:
(1) the animal is physically fit; and
(2) the person claiming an interest in the animal can and will provide the care required by
law for the animal.
(d) 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 return of the animal to the person.
MINN. STAT. § 343.29 (2009). Exposure of animals; duty of officers.
Subdivision 1. Delivery to shelter. Any peace officer, animal control officer, or agent of the
federation or county or district societies for the prevention of cruelty, may remove, shelter, and
care for any animal which is not properly sheltered from cold, hot, or inclement weather or any
animal not properly fed and watered, or provided with suitable food and drink in circumstances
that threaten the life of the animal. When necessary, a peace officer, animal control officer, or
agent may deliver the animal to another person to be sheltered and cared for, and furnished with
suitable food and drink. In all cases, the owner, if known, shall be immediately notified as
provided in section 343.235, subdivision 3, and the person having possession of the animal, shall
have a lien thereon for its actual costs of care and keeping and the expenses of the notice. 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 section 343.235.
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medicine, any animal taken into custody pursuant to subdivision 1 may be immediately disposed
of when the animal is suffering and is beyond cure through reasonable care and treatment. The
expenses of disposal shall be subject to the provisions of section 343.23.
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MINN. STAT. § 343.12 (2009). Duties of peace officers.
Upon application of any agent appointed by the federation or a county or district society, it shall
be the duty of, any sheriff or the agent's deputy or any police officer to investigate any alleged
violation of the law relative to cruelty to animals, and to arrest any person found violating those
laws. It shall also be the duty of those officers to take possession of any animals in their
respective jurisdictions which have been cruelly treated, and deliver the same to the proper
officers of the county or district for custody and care.
for believing a violation of this chapter has occurred or is occurring, or probable cause to
believe that a violation exists. If the court is satisfied of the existence of the grounds of the
application, or that there is probable cause to believe a violation exists, it shall issue a signed
search warrant and order for investigation to a peace officer in the county. The order shall
command the officer to proceed promptly to the location of the alleged violation. The order may
command that a doctor of veterinary medicine accompany the officer.
section and section 343.23 shall have the same force as a warrant issued pursuant to chapter
626.
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a judge.

include:
(3) a statement that all actual costs of the care, keeping, and disposal of the animal are
the responsibility of the person claiming an interest in the animal, except to the extent
that a court or hearing officer finds that the seizure or impoundment was not
substantially justified by law.
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financial interest in the matter or professional association with either party or (2) use the
services of a hearing officer to conduct the hearing. A person claiming an interest in the animal
who is aggrieved by a decision of a hearing officer under this subdivision may seek a court order
officer finds that:
(2) the person claiming an interest in the animal can and will provide the care required
by law for the animal.
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unwholesome milk.
person it serves.
Subd. 9. Penalty.
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MINN. STAT. § 343.22 (2009). Investigation of cruelty complaints

when the animal is suffering and is beyond cure through reasonable care and treatment. All
other animals shall be disposed of as provided in section 343.235. The authority taking custody
of the animals may recover all costs incurred under this section.
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a judge.

include:
(3) a statement that all actual costs of the care, keeping, and disposal of the animal are
the responsibility of the person claiming an interest in the animal, except to the extent
that a court or hearing officer finds that the seizure or impoundment was not
substantially justified by law.
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financial interest in the matter or professional association with either party or (2) use the
services of a hearing officer to conduct the hearing. A person claiming an interest in the animal
who is aggrieved by a decision of a hearing officer under this subdivision may seek a court order
officer finds that:
(2) the person claiming an interest in the animal can and will provide the care required
by law for the animal.
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MINN. STAT. § 346.37 (2009). General provisions.
Subdivision 1. Abandoned animals.
(a) If an animal is left with a veterinarian, boarding facility, or commercial facility

pursuant to a written agreement with the owner or person in possession of the animal and
the owner or lawful possessor of the animal has not claimed the animal within ten days
after notice in accordance with paragraph (b) or (d), the animal is abandoned and the
owner has no further rights or claim to the animal.
(b) The notice required under paragraph (a), must be given by the veterinarian, boarding
facility, or commercial facility to the owner or the owner's agent at the person's last
known address by certified mail, return receipt requested, or may be served upon the
owner or owner's agent in the manner that a summons is served in a civil court action in
the district courts. The notice must notify the owner or owner's agent that the animal may
be redeemed by paying all prior expenses incurred within ten days or the animal is
abandoned and will be disposed of in accordance with this subdivision.
(c) If the animal is not claimed within ten days, the veterinarian, boarding facility, or
commercial facility becomes the owner of the animal and the animal may be disposed of
by the veterinarian, boarding facility, or commercial facility as they consider proper.
Upon the veterinarian, boarding facility, or commercial facility becoming the owner of
the animal, the veterinarian, boarding facility, or commercial facility is relieved of any
liability for disposal of the animal.
(d) If the notice under paragraph (c) is not given to the owner or owner's agent, or if the
address of the owner or owner's agent is not known, notice must be given by the
veterinarian, boarding facility, or commercial facility by publishing one notice in a legal
newspaper circulated in the county where the animal was delivered to the veterinarian,
boarding facility, or commercial facility not less than ten days before the animal is to
become the property of the veterinarian, boarding facility, or commercial facility under
paragraph (c). The published notice must contain the information required in paragraph
(b).
(e) Each veterinarian, boarding facility, or commercial facility shall warn its patrons of
the provisions of this subdivision by a conspicuously posted notice or by conspicuous
type in a written document delivered to the owner or the owner's agent.
Subd. 2. Good samaritans. A person is not liable for rendering humane assistance to an injured
pet or companion animal.
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Subd. 3. Cruel training or handling. A person may not inflict cruelty on a pet or companion
animal by the use of a cruel training or handling device or method.
Subd. 4. Health care. Adequate health care, including parasite and pest control, must be provided
to each pet or companion animal.
Subd. 5. Interpretation of terms. A dispute as to the meaning of "abuse," "cruelty," or "neglect"

shall be resolved by an expert opinion.
Subd. 6. Reports of abuse, cruelty, or neglect. A veterinarian must report known or suspected
cases of abuse, cruelty, or neglect to peace officers and humane agents as provided in 343.12
and 343.29.
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MINN. STAT. § 343.01 (2009) Purposes; powers; county organization.
Subdivision 1. Formation authorized. A state federation of county and district societies for the
prevention of cruelty to animals may be created as a corporation under chapter 317A for the
purpose provided in section 343.06. The federation may appoint representatives in any county
where no active county or district society exists for the purpose of receiving and accounting for
funds from any source, and may also appoint agents at large to carry out the work of the
federation throughout the state. The federation and all county and district societies may appoint
agents for the purpose of investigating or otherwise assisting lawfully empowered officials in the
prosecution of persons charged with cruelty to animals. Appointed agents must have training
and experience in activities relating to prevention of cruelty to animals or enforcement of laws
relating to cruelty to animals. The federation may make bylaws as are necessary to implement its
authority under this chapter and under chapter 317A.
Subd. 1a. Minnesota humane society; continuation confirmed. The Minnesota humane society,
also known as the Minnesota society for the prevention of cruelty, is confirmed and continued as
a nonprofit organization under chapter 317A.
Subd. 1b. Independent organizations; powers of the federated humane societies.
(a) The Minnesota humane society, also known as the Minnesota society for the
prevention of cruelty, and the Minnesota federated humane societies are not affiliated
with each other or with the state of Minnesota.
(b) The Minnesota federated humane societies have the powers given to it under this
chapter.
Subd. 2. Unauthorized use of names prohibited. It is unlawful for any organization, association,
firm or corporation not named in this chapter to refer to itself as or in any way to use the names
Minnesota federated humane societies, Minnesota society for the prevention of cruelty, the
Minnesota humane society, or any combination of words or phrases using the above names
which would imply that it represents, acts in behalf or is a branch of the society or the federation.
Subd. 3. Powers and duties. The federation and the society must each be governed by a board of
directors designated in accordance with chapter 317A. The powers, duties, and organization of
the federation and the society and other matters for the conduct of the business of the federation
and the society are as provided in chapter 317A and in the articles of incorporation and bylaws
of each organization.
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be the duty of any sheriff or the agent=s deputy or any police officer to investigate any alleged
for believing a violation of this chapter has occurred or is occurring, or probable cause to
believe that a violation exists. If the court is satisfied of the existence of the grounds of the
application, or that there is probable cause to believe a violation exists, it shall issue a signed
search warrant and order for investigation to a peace officer in the county. The order shall
command the officer to proceed promptly to the location of the alleged violation. The order may
command that a doctor of veterinary medicine accompany the officer.
section and section 343.23 shall have the same force as a warrant issued pursuant to chapter
626.

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12. SEXUAL ASSAULT
MINN. STAT. § 609.294 (2009). Bestiality
Whoever carnally knows a dead body or an animal or bird is guilty of bestiality, which is a
misdemeanor. If knowingly done in the presence of another the person 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.
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13. FIGHTING
MINN. STAT. § 343.31 (2009). Animal fights and possession of fighting animals
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 that 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
(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
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(2) the person possesses training apparatus, paraphernalia, or drugs known to be used to
prepare birds to be fought.
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.
(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
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(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 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.
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(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.
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MINN. STAT. § 343.01 (2009) Purposes; powers; county organization.
Subdivision 1. Formation authorized. A state federation of county and district societies for the
prevention of cruelty to animals may be created as a corporation under chapter 317A for the
purpose provided in section 343.06. The federation may appoint representatives in any county
where no active county or district society exists for the purpose of receiving and accounting for
funds from any source, and may also appoint agents at large to carry out the work of the
federation throughout the state. The federation and all county and district societies may appoint
agents for the purpose of investigating or otherwise assisting lawfully empowered officials in the
prosecution of persons charged with cruelty to animals. Appointed agents must have training and
experience in activities relating to prevention of cruelty to animals or enforcement of laws
relating to cruelty to animals. The federation may make bylaws as are necessary to implement its
authority under this chapter and under chapter 317A.
Subd. 1a. Minnesota humane society; continuation confirmed. The Minnesota humane society,
also known as the Minnesota society for the prevention of cruelty, is confirmed and continued as
a nonprofit organization under chapter 317A.
Subd. 1b. Independent organizations; powers of the federated humane societies.
(a) The Minnesota humane society, also known as the Minnesota society for the
prevention of cruelty, and the Minnesota federated humane societies are not affiliated
with each other or with the state of Minnesota.
(b) The Minnesota federated humane societies have the powers given to it under this
chapter.
Subd. 2. Unauthorized use of names prohibited. It is unlawful for any organization, association,
firm or corporation not named in this chapter to refer to itself as or in any way to use the names
Minnesota federated humane societies, Minnesota society for the prevention of cruelty, the
Minnesota humane society, or any combination of words or phrases using the above names
which would imply that it represents, acts in behalf or is a branch of the society or the federation.
Subd. 3. Powers and duties. The federation and the society must each be governed by a board of
directors designated in accordance with chapter 317A. The powers, duties, and organization of
the federation and the society and other matters for the conduct of the business of the federation
and the society are as provided in chapter 317A and in the articles of incorporation and bylaws
of each organization.
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be the duty of any sheriff or the agent=s deputy or any police officer to investigate any alleged
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. "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.
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unwholesome milk.
person it serves.
Subd. 9. Penalty.
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MINN. STAT. § 343.23 (2009). Expenses of investigation.
The expenses of the investigation authorized by section 343.22, including the fee of the doctor of
veterinary medicine, the expenses of keeping or disposing of any animal taken into custody
pursuant to an investigation, and all other expenses reasonably incident to the investigation shall
be paid by the county treasurer from the general fund of the county. If the person alleged to have
violated section 343.21 is found guilty of the violation, the county shall have judgment against
the guilty person for the amount of the expenses.
a judge.

include:
(3) a statement that all actual costs of the care, keeping, and disposal of the animal are the
responsibility of the person claiming an interest in the animal, except to the extent that a
court or hearing officer finds that the seizure or impoundment was not substantially
justified by law.
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financial interest in the matter or professional association with either party or (2) use the services
of a hearing officer to conduct the hearing. A person claiming an interest in the animal who is
aggrieved by a decision of a hearing officer under this subdivision may seek a court order
officer finds that:
(2) the person claiming an interest in the animal can and will provide the care required by
law for the animal.
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.
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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. § 343.31 (2009). Animal fights and possession of fighting animals
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.
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(b) Whoever purchases a ticket of admission or otherwise gains admission to that 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
(2) the person possesses training apparatus, paraphernalia, or drugs known to be used to prepare
dogs to be fought.
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.
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.
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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.
(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.
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(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 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. § 346.37 (2009). General provisions.
Subdivision 1. Abandoned animals.
(a) If an animal is left with a veterinarian, boarding facility, or commercial facility

pursuant to a written agreement with the owner or person in possession of the animal and
the owner or lawful possessor of the animal has not claimed the animal within ten days
after notice in accordance with paragraph (b) or (d), the animal is abandoned and the
owner has no further rights or claim to the animal.
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(b) The notice required under paragraph (a), must be given by the veterinarian, boarding
facility, or commercial facility to the owner or the owner's agent at the person's last
known address by certified mail, return receipt requested, or may be served upon the
owner or owner's agent in the manner that a summons is served in a civil court action in
the district courts. The notice must notify the owner or owner's agent that the animal may
be redeemed by paying all prior expenses incurred within ten days or the animal is
abandoned and will be disposed of in accordance with this subdivision.
(c) If the animal is not claimed within ten days, the veterinarian, boarding facility, or
commercial facility becomes the owner of the animal and the animal may be disposed of
by the veterinarian, boarding facility, or commercial facility as they consider proper.
Upon the veterinarian, boarding facility, or commercial facility becoming the owner of
the animal, the veterinarian, boarding facility, or commercial facility is relieved of any
liability for disposal of the animal.
(d) If the notice under paragraph (c) is not given to the owner or owner's agent, or if the
address of the owner or owner's agent is not known, notice must be given by the
veterinarian, boarding facility, or commercial facility by publishing one notice in a legal
newspaper circulated in the county where the animal was delivered to the veterinarian,
boarding facility, or commercial facility not less than ten days before the animal is to
become the property of the veterinarian, boarding facility, or commercial facility under
paragraph (c). The published notice must contain the information required in paragraph
(b).
(e) Each veterinarian, boarding facility, or commercial facility shall warn its patrons of
the provisions of this subdivision by a conspicuously posted notice or by conspicuous
type in a written document delivered to the owner or the owner's agent.
Subd. 2. Good samaritans. A person is not liable for rendering humane assistance to an injured
pet or companion animal.
Subd. 3. Cruel training or handling. A person may not inflict cruelty on a pet or companion
animal by the use of a cruel training or handling device or method.
Subd. 4. Health care. Adequate health care, including parasite and pest control, must be provided
to each pet or companion animal.
Subd. 5. Interpretation of terms. A dispute as to the meaning of "abuse," "cruelty," or "neglect"

shall be resolved by an expert opinion.
Subd. 6. Reports of abuse, cruelty, or neglect. A veterinarian must report known or suspected
cases of abuse, cruelty, or neglect to peace officers and humane agents as provided in 343.12 and
343.29.
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Subdivision 1. Crime.
"Crime" means conduct which is prohibited by statute and for which the actor may be sentenced
to imprisonment, with or without a fine.
Subd. 2. Felony.
"Felony" means a crime for which a sentence of imprisonment for more than one year may be
imposed.
Subd. 2a.
[Repealed, 1999 c 194 s 11]
Subd. 3. Misdemeanor.
"Misdemeanor" means a crime for which a sentence of not more than 90 days or a fine of not
more than $1,000, or both, may be imposed.
Subd. 4. Gross misdemeanor.
"Gross misdemeanor" means any crime which is not a felony or misdemeanor. The maximum
fine which may be imposed for a gross misdemeanor is $3,000.
Subd. 4a. Petty misdemeanor.
"Petty misdemeanor" means a petty offense which is prohibited by statute, which does not
constitute a crime and for which a sentence of a fine of not more than $300 may be imposed.
Subd. 5. Conviction.
"Conviction" means any of the following accepted and recorded by the court:
(1) A plea of guilty; or
(2) A verdict of guilty by a jury or a finding of guilty by the court.
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Subd. 6. Dangerous weapon.
"Dangerous weapon" means any firearm, whether loaded or unloaded, or any device designed as
a weapon and capable of producing death or great bodily harm, any combustible or flammable
liquid or other device or instrumentality that, in the manner it is used or intended to be used, is
calculated or likely to produce death or great bodily harm, or any fire that is used to produce
death or great bodily harm.
As used in this subdivision, "flammable liquid" means any liquid having a flash point below 100
degrees Fahrenheit and having a vapor pressure not exceeding 40 pounds per square inch
(absolute) at 100 degrees Fahrenheit but does not include intoxicating liquor as defined in
section 340A.101. As used in this subdivision, "combustible liquid" is a liquid having a flash
point at or above 100 degrees Fahrenheit.
Subd. 7. Bodily harm.
"Bodily harm" means physical pain or injury, illness, or any impairment of physical condition.
Subd. 7a. 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.
Subd. 8. 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.
Subd. 9. Mental state.
(1) When criminal intent is an element of a crime in this chapter, such intent is indicated by the
term "intentionally," the phrase "with intent to," the phrase "with intent that," or some form of
the verbs "know" or "believe."
(2) "Know" requires only that the actor believes that the specified fact exists.
(3) "Intentionally" means that the actor either has a purpose to do the thing or cause the result
specified or believes that the act performed by the actor, if successful, will cause that result. In
addition, except as provided in clause (6), the actor must have knowledge of those facts which
are necessary to make the actor's conduct criminal and which are set forth after the word
"intentionally."
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(4) "With intent to" or "with intent that" means that the actor either has a purpose to do the thing
or cause the result specified or believes that the act, if successful, will cause that result.
(5) Criminal intent does not require proof of knowledge of the existence or constitutionality of
the statute under which the actor is prosecuted or the scope or meaning of the terms used in that
statute.
(6) Criminal intent does not require proof of knowledge of the age of a minor even though age is
a material element in the crime in question.
Subd. 10. Assault.
"Assault" is:
(1) an act done with intent to cause fear in another of immediate bodily harm or death; or
(2) the intentional infliction of or attempt to inflict bodily harm upon another.
Subd. 11. Second or subsequent violation or offense.
"Second or subsequent violation" or "second or subsequent offense" means that prior to the
commission of the violation or offense, the actor has been adjudicated guilty of a specified
similar violation or offense.
Subd. 12.
[Repealed, 1993 c 326 art 2 s 34]
Subd. 13.
[Repealed, 1993 c 326 art 2 s 34]
Subd. 14. Electronic monitoring device.
As used in sections 609.135, subdivision 5a, 611A.07, and 629.72, subdivision 2a, "electronic
monitoring device" means a radio frequency transmitter unit that is worn at all times on the
person of a defendant in conjunction with a receiver unit that is located in the victim's residence
or on the victim's person. The receiver unit emits an audible and visible signal whenever the
defendant with a transmitter unit comes within a designated distance from the receiver unit.
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Subd. 15. Probation.
"Probation" means a court-ordered sanction imposed upon an offender for a period of

supervision no greater than that set by statute. It is imposed as an alternative to confinement or in
conjunction with confinement or intermediate sanctions. The purpose of probation is to deter
further criminal behavior, punish the offender, help provide reparation to crime victims and their
communities, and provide offenders with opportunities for rehabilitation.
Subd. 16. Qualified domestic violence-related offense.
"Qualified domestic violence-related offense" includes a violation of or an attempt to violate

sections 518B.01, subdivision 14 (violation of domestic abuse order for protection); 518B.01,
subdivision 22 (violation of domestic abuse no contact order); 609.185 (first-degree murder);
609.19 (second-degree murder); 609.221 (first-degree assault); 609.222 (second-degree assault);
609.223 (third-degree assault); 609.2231 (fourth-degree assault); 609.224 (fifth-degree assault);
609.2242 (domestic assault); 609.2247 (domestic assault by strangulation); 609.342 (first-degree
criminal sexual conduct); 609.343 (second-degree criminal sexual conduct); 609.344 (third-
degree criminal sexual conduct); 609.345 (fourth-degree criminal sexual conduct); 609.377
(malicious punishment of a child); 609.713 (terroristic threats); 609.748, subdivision 6 (violation
of harassment restraining order); 609.749 (harassment/stalking); and 609.78, subdivision 2
(interference with an emergency call); and similar laws of other states, the United States, the
District of Columbia, tribal lands, and United States territories.
MINN. STAT. § 609.03 (2009). Punishment when not otherwise fixed
If a person is convicted of a crime for which no punishment is otherwise provided the person
may be sentenced as follows:
(1) If the crime is a felony, to imprisonment for not more than five years or to payment of
a fine of not more than $ 10,000, or both; or
(2) If the crime is a gross misdemeanor, to imprisonment for not more than one year or to
(3) If the crime is a misdemeanor, to imprisonment for not more than 90 days or to
(4) If the crime is other than a misdemeanor and a fine is imposed but the amount is not
specified, to payment of a fine of not more than $ 1,000, or to imprisonment for a
specified term of not more than six months if the fine is not paid.
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MINN. STAT. § 609.294 (2009). Bestiality
Whoever carnally knows a dead body or an animal or bird is guilty of bestiality, which is a
misdemeanor. If knowingly done in the presence of another the person 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.
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ANIMAL PROTECTION LAWS OF MISSISSIPPI
ANIMAL PROTECTION LAWS OF MISSISSIPPI
2. PENALTIES
3. EXEMPTIONS
12. SEXUAL ASSAULT
13. FIGHTING
This chapter contains Mississippi’s general animal protection and related statutes enacted prior to November 2009. It
Mississippi may employ similar provisions within other non-animal-specific criminal and civil statutes; may have other

USA Map
MISSISSIPPI

Cruelty to living creatures
MISS. CODE ANN. § 97-41-1
(2)
Carrying animal in a cruel manner
(3)
Confining animals without food and water
(4)
(5)
Maliciously injuring dogs or cats
(6)
Poisoning animal
Animals Covered in Definition Authority to seize maltreated, neglected, or

abandoned animals applies to Aany feline,
exotic animal, canine, horse, mule, jack or
jennet@
MISS. CODE ANN. § 97-41-2(9)
Classification of Crimes (1) - (5)

Misdemeanor
(6)
Felony
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MISSISSIPPI continued

and/or
$1,000 fine
(2), (3), (4)

100 days county jail
and/or
$100 fine
(5)
or
$1,000 fine
MISS. CODE ANN. § 97-41-16(1)
(6)
and
$500 fine
3. EXEMPTIONS *** -----
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6. RESTITUTION / REIMBURSEMENT Owner has 3 days after requesting a hearing

H
to post bond to avoid forfeiture
MISS. CODE ANN. § 97-41-2(2)
A lien for costs of care is created; court may

order the animal’s owner to reimburse costs;
court may order animal sold with proceeds to
reimburse costs
MISS. CODE ANN. § 97-41-2(4),(5)
Court may order restitution for malicious or

mischievous injury to a dog
MISS. CODE ANN. § 97-41-16(2)
7. SEIZURE / ON-SITE SUPERVISION Courts may order seizure by a law

enforcement agency for probable cause;
ability to seize animals as evidence not
impacted
MISS. CODE ANN. § 97-41-2(1),(8)
8. FORFEITURE / POSSESSION H If owner fails to post bond, court shall order

animal forfeited
MISS. CODE ANN. § 97-41-2(2)
Court may order permanent forfeiture if

owner is unable or unfit to provide for animal
MISS. CODE ANN. § 97-41-2(5)
Court may order forfeiture of other animals

and may enjoin owner from having custody
of any animals in the future
MISS. CODE ANN. § 97-41-2(6)
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10. VETERINARIAN REPORTING / IMMUNITY Veterinarians are immune from civil or

criminal liability for good faith reporting of
suspected animal cruelty

punishable by up to ten years in the
penitentiary

misdemeanors
Various hog and canine fighting activities are

misdemeanors
Various dogfighting activities (including

spectatorship) are felonies
Other Felony Provisions Affecting Animals I Malicious or mischievous injury to livestock

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MISS. CODE ANN. § 97-41-1 (2009). 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.
Editor’s note: This section was held unconstitutional in Davis v. State (Miss. 2001) 806 So.2d 1098
MISS. CODE ANN. § 97-41-2 (2009). Authority to seize maltreated, neglected, or abandoned
animals
(1) All courts in the State of Mississippi may order the seizure of an animal by a law
enforcement agency, for its care and protection upon a finding of probable cause to believe said
animal is being cruelly treated, neglected or abandoned. Such probable cause may be established
upon sworn testimony of any person who has witnessed the condition of said animal. The court
may appoint an animal control agency, agent of an animal shelter organization, veterinarian or
other person as temporary custodian for the said animal, pending final disposition of the animal
pursuant to this section. Such temporary custodian shall directly contract and be responsible for
any care rendered to such animal, and may make arrangements for such care as may be
necessary. Upon seizure of an animal, the law enforcement agency responsible for removal of
the animal shall serve notice upon the owner of the animal, if possible, and shall also post
prominently a notice to the owner or custodian to inform such person that the animal has been
seized. Such process and notice shall contain a description of the animal seized, the date seized,
the name of the law enforcement agency seizing the animal, the name of the temporary
custodian, if known at the time, and shall include a copy of the order of the court authorizing the
seizure.
(2) Within five (5) days of seizure of an animal, the owner of the animal may request a hearing
in the court ordering the animal to be seized to determine whether the owner is able to provide
adequately for the animal and is fit to have custody of the animal. The court shall hold such
hearing within fourteen (14) days of receiving such request. The hearing shall be concluded and
the court order entered thereon within twenty-one (21) days after the hearing is commenced.
Upon requesting a hearing, the owner shall have three (3) business days to post a bond or
security with the court clerk in an amount determined by the court to be sufficient to repay all
reasonable costs sufficient to provide for the animal's care. Failure to post such bond within three
(3) days shall result in forfeiture of the animal to the court. If the temporary custodian has
custody of the animal upon the expiration of the bond or security, the animal shall be forfeited to
the court unless the court orders otherwise.
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(3) In determining the owner's fitness to have custody of an animal, the court may consider,
among other matters:
(a) Testimony from law enforcement officers, animal control officers, animal protection
officials, and other witnesses as to the condition the animal was kept in by its owner or
custodian.
(b) Testimony and evidence as to the type and amount of care provided to the animal by
its owner or custodian.
(c) Expert testimony as to the proper and reasonable care of the same type of animal.
(d) Testimony from any witnesses as to prior treatment or condition of this or other
(e) Violations of laws relating to animal cruelty that the owner or custodian has been
convicted of prior to the hearing.
(f) Any other evidence the court considers to be material or relevant.
(4) Upon proof of costs incurred as a result of the animal's seizure, including, but not limited to,
animal medical and boarding, the court may order that the animal's owner reimburse the
temporary custodian for such costs. A lien for authorized expenses is hereby created upon all
animals seized under this section, and shall have priority to any other lien on such animal.
(5) If the court finds the owner of the animal is unable or unfit to adequately provide for the
animal, or that the animal is severely injured, diseased, or suffering, and, therefore, not likely to
recover, the court may order that the animal be permanently forfeited and released to an animal
control agency, animal protection organization or to the appropriate entity to be euthanized or
the court may order that such animal be sold at public sale in the manner now provided for
judicial sales; any proceeds from such sale shall go first toward the payment of expenses and
costs relating to the care and treatment of such animal, and any excess amount shall be paid to
the owner of the animal.
(6) Upon notice and hearing as provided in this section, or as a part of any preceding conducted
under the terms of this section, the court may order that other animals in the custody of the
owner that were not seized be surrendered and further enjoin the owner from having custody of
other animals in the future.
(7) If the court determines the owner is able to provide adequately for, and have custody of, the
animal, the court shall order the animal be claimed and removed by the owner within seven (7)
days after the date of the order.
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(8) Nothing in this section shall be construed to prevent or otherwise interfere with a law
enforcement officer's authority to seize an animal as evidence or require court action for the
taking into custody and making proper disposition of animals as authorized in Sections 21-19-9
and 41-53-11.
(9) For the purposes of this section the term "animal" or "animals" means any feline, exotic
animal, canine, horse, mule, jack or jennet.
MISS. CODE ANN. § 97-41-5 (2009). 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
conveyance, any creature in a cruel or inhuman manner, he shall be guilty of a misdemeanor.
MISS. CODE ANN. § 97-41-7 (2009). 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 (2009). 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. § 97-41-16 (2009). Maliciously injuring dogs or cats.
(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.
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MISS. CODE ANN. § 97-41-17 (2009). Poisons; administering to animals.
Every person who shall willfully 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.
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2. PENALTIES
MISS. CODE ANN. § 1-3-11 (2009). Felony
The term "felony," when used in any statute, shall mean any violation of law punished with death
or confinement in the penitentiary.
MISS. CODE ANN. § 97-41-13 (2009). 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.
Editor=s note: The penalty above does not apply to the general animal cruelty statute, which is ' 97-41-1. General
cruelty is covered by ' 99-19-31 below.
section.
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MISS. CODE ANN. § 99-19-31 (2009). Penalty where none fixed elsewhere by statute.
Offenses for which a penalty is not provided elsewhere by statute, and offenses indictable at
common law, and for which a statutory penalty is not elsewhere prescribed, shall be punished by
fine of not more than one thousand dollars ($1,000.00) and imprisonment in the county jail not
more than six (6) months, or either.
3. EXEMPTIONS
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animals
seizure.
reasonable costs sufficient to provide for the animal's care. Failure to post such bond within
three (3) days shall result in forfeiture of the animal to the court. If the temporary custodian has
custodian.
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and 41-53-11.
MS-14
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section.
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animals
animal is being cruelly treated, neglected or abandoned. Such probable cause may be
established upon sworn testimony of any person who has witnessed the condition of said animal.
The court may appoint an animal control agency, agent of an animal shelter organization,
veterinarian or other person as temporary custodian for the said animal, pending final
disposition of the animal pursuant to this section. Such temporary custodian shall directly
contract and be responsible for any care rendered to such animal, and may make arrangements
for such care as may be necessary. Upon seizure of an animal, the law enforcement agency
responsible for removal of the animal shall serve notice upon the owner of the animal, if
possible, and shall also post prominently a notice to the owner or custodian to inform such
person that the animal has been seized. Such process and notice shall contain a description of
the animal seized, the date seized, the name of the law enforcement agency seizing the animal,
the name of the temporary custodian, if known at the time, and shall include a copy of the order
of the court authorizing the seizure.
custodian.
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and 41-53-11.
MS-17
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animals
seizure.
reasonable costs sufficient to provide for the animal's care. Failure to post such bond within
three (3) days shall result in forfeiture of the animal to the court. If the temporary custodian has
custodian.
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MS-19
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and 41-53-11.
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MISS. CODE ANN. § 73-39-87 (2009). Immunity from liability for veterinarians reporting
suspected incidents of animal cruelty.
Any veterinarian licensed in this state who reports, in good faith and in the normal course of
business, a suspected incident of animal cruelty to the proper authorities shall be immune from
liability in any civil or criminal action brought against the veterinarian for reporting the
incident.
-----
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12. SEXUAL ASSAULT
MISS. CODE ANN. § 97-29-59 (2009). 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.
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13. FIGHTING
MISS. CODE ANN. § 97-41-11 (2009). 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. § 97-41-18 (2009). Hog and canine fighting events; prohibition
(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.
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MISS. CODE ANN. § 97-41-19 (2009). 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) 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.
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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 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.
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MISS. CODE ANN. § 1-3-11 (2009). Felony
The term "felony," when used in any statute, shall mean any violation of law punished with
death or confinement in the penitentiary.
MISS. CODE ANN. § 73-39-87 (2009). Immunity from liability for veterinarians reporting
suspected incidents of animal cruelty.
Any veterinarian licensed in this state who reports, in good faith and in the normal course of
business, a suspected incident of animal cruelty to the proper authorities shall be immune from
liability in any civil or criminal action brought against the veterinarian for reporting the incident.
MISS. CODE ANN. § 97-29-59 (2009). 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.
MISS. CODE ANN. § 97-41-1 (2009). 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.
Editor’s note: This section was held unconstitutional in Davis v. State (Miss. 2001) 806 So.2d 1098
MS-26
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animals
seizure.
custodian.
MS-27
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and 41-53-11.
MISS. CODE ANN. § 97-41-5 (2009). 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
conveyance, any creature in a cruel or inhuman manner, he shall be guilty of a misdemeanor.
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MISS. CODE ANN. § 97-41-7 (2009). 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 (2009). 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 (2009). Fighting animals or cocks
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 (2009). 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.
section.
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MISS. CODE ANN. § 97-41-18 (2009). Hog and canine fighting events; prohibition
(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.
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MISS. CODE ANN. § 97-41-19 (2009). 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) 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.
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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 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. § 99-19-31 (2009). Penalty where none fixed elsewhere by statute.
Offenses for which a penalty is not provided elsewhere by statute, and offenses indictable at
common law, and for which a statutory penalty is not elsewhere prescribed, shall be punished by
fine of not more than one thousand dollars ($1,000.00) and imprisonment in the county jail not
more than six (6) months, or either.
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ANIMAL PROTECTION LAWS OF MISSOURI
ANIMAL PROTECTION LAWS OF MISSOURI
2. PENALTIES
3. EXEMPTIONS
12. SEXUAL ASSAULT
13. FIGHTING
This chapter contains Missouri’s general animal protection and related statutes enacted prior to November 2009. It
Missouri may employ similar provisions within other non-animal-specific criminal and civil statutes; may have other

USA Map
MISSOURI

Animal neglect and abandonment
MO. ANN. STAT. § 578.009
(2)
Animal abuse
MO. ANN. STAT. § 578.012
Animals Covered in Definition A[E]very living vertebrate except a human

being@
MO. ANN. STAT. § 578.005(3)

[1st offense]:
Class C misdemeanor
Class B misdemeanor
----------
(2)
[1st offense]:
Class A misdemeanor
[2nd offense, or for 1st offense if crime

involved torture and mutilation while animal
was alive]:
Class D felony
MO-3
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MISSOURI continued

[1st offense]:
MO. ANN. STAT. § 558.011(1)(7)
and/or
$500 fine
MO. ANN. STAT. § 578.009(3)
(waivable if remedies for neglect have been
made)
MO. ANN. STAT. § 558.011(1)(6)
and/or
$1,000 fine
MO. ANN. STAT. § 578.009(3)
----------
(2)
[1st offense]:
1 year imprisonment
MO. ANN. STAT. § 558.011(1)(5)
and/or
$1,000 fine
MO. ANN. STAT. § 560.016(1)(1)
[2nd offense, or for 1st offense if crime

involved torture and mutilation while animal
was alive]:
MO. ANN. STAT. § 558.011(1)(4)
and/or
$5,000 fine
MO. ANN. STAT. § 560.011(1)(1)
3. EXEMPTIONS *** 9
MO. ANN. STAT. § 273.033
1, 2, 3, 4, 6, 7, 8, 9
MO. ANN. STAT. § 578.007
MO-4
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MISSOURI continued
6. RESTITUTION / REIMBURSEMENT Humane societies entitled to a lien on animal

H
for reasonable costs of care
MO. ANN. STAT. § 430.165(2)
Upon conviction, court may order defendant

to pay all reasonable costs of care
MO. ANN. STAT. § 578.009(3),(4)
Owner liable for reasonable costs of care for

impounded animal; any person incurring
costs of care for impounded animal shall have
a lien on animal
MO. ANN. STAT. § 578.016(2)
The court may order a bond or other security

to cover the costs of care for impounded
animals
MO. ANN. STAT. § 578.018(2)
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MISSOURI continued
7. SEIZURE / ON-SITE SUPERVISION Any authorized public health, law

enforcement, or animal control officer can
impound animals found outside, if there is
evidence of abuse or neglect
MO. ANN. STAT. § 578.016
Authorized public health and law

enforcement officials may seek search
warrant for entry on to private property to
inspect, care for, or impound neglected or
abuse animals
MO. ANN. STAT. § 578.018(1)
Any member of the state highway patrol or

other law enforcement officers may serve a
search warrant and have the power to search
and seize in cases involving animal fighting
or for violations of the prohibition against
dogs pursuing animals propelled by devices
MO. ANN. STAT. § 578.030(1)
8. FORFEITURE / POSSESSION H If a cost-of-care bond is not posted, or not

renewed, an impounded animal may be
humanely disposed, unless a court order
prohibits such disposition
MO. ANN. STAT. § 578.018(2)
Upon conviction, the court may order animal

forfeited if court believes animal may be
subject to future abuse or neglect
MO. ANN. STAT. § 578.021
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MISSOURI continued
12. SEXUAL ASSAULT Engaging in sexual conduct with an animal is

a Class A misdemeanor on the first offense,
and a Class D felony on subsequent offenses
MO. ANN. STAT. § 566.111
13. FIGHTING Various dogfighting activities are Class D

felonies; being a spectator at a dog fight is a
Class A misdemeanor
MO. ANN. STAT. § 578.025
Non-dog animal fighting activities are Class

A misdemeanors
MO. ANN. STAT. § 578.050
Various animal fighting activities are Class D

felonies; being a spectator, selling or
transporting animals used in fighting,
possessing or making equipment for fighting
are Class A misdemeanors
MO. ANN. STAT. § 578.173
Bear wrestling is a Class A misdemeanor

MO. ANN. STAT. § 578.176
Injunctions, seizures and disposition of

animals involved in fighting
MO. ANN. STAT. §§ 578.179, 578.185
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MO. ANN. STAT. § 578.005 (2009). Definitions.
As used in sections 578.005 to 578.023, the following terms shall mean:
(1) AAdequate care@, 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;
(2) AAdequate control@, to reasonably restrain or govern an animal so that the animal does not
injure itself, any person, any other animal, or property;
(3) AAnimal@, every living vertebrate except a human being;
(4) AAnimal shelter@, a facility which is used to house or contain animals and which is owned,
operated, or maintained by a duly incorporated humane society, animal welfare society, society
for the prevention of cruelty to animals, or other not for profit organization devoted to the
welfare, protection, and humane treatment of animals;
(5) AFarm animal@, an animal raised on a farm or ranch and used or intended for use in farm or
ranch production, or as food or fiber;
(6) AHarbor@, to feed or shelter an animal at the same location for three or more consecutive
days;
(7) AHumane killing@, the destruction of an animal accomplished by a method approved by the
American Veterinary Medical Association=s Panel on Euthanasia (JAVMA 173: 59-72, 1978); or
more recent editions, but animals killed during the feeding of pet carnivores shall be considered
humanely killed;
(8) AOwner@, in addition to its ordinary meaning, any person who keeps or harbors an animal or
professes to be owning, keeping, or harboring an animal;
(9) APerson@, any individual, partnership, firm, joint stock company, corporation, association,
trust, estate, or other legal entity;
(10) APests@, birds, rabbits, or rodents which damage property or have an adverse effect on the
public health, but shall not include any endangered species listed by the United States
Department of the Interior nor any endangered species listed in the Wildlife Code of Missouri.
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MO. ANN. STAT. § 578.009 (2009). Animal neglect--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 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. ANN. STAT. § 578.012 (2009). Animal abuse--penalties
1. A person is guilty of animal abuse when a person:
(1) Intentionally or purposely kills an animal in any manner not allowed by or expressly
exempted from the provisions of sections 578.005 to 578.023 and 273.030, RSMo;
(2) Purposely or intentionally causes injury or suffering to an animal; or
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(3) Having ownership or custody of an animal knowingly fails to provide adequate care
or adequate control.
2. Animal abuse is a class A misdemeanor, unless the defendant has previously plead guilty to or
has been found guilty of animal abuse or the suffering involved in subdivision (2) of subsection 1
of this section is the result of torture or mutilation, or both, consciously inflicted while the
animal was alive, in which case it is a class D felony.
MO. ANN. STAT. § 578.014 (2009). 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.
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2. PENALTIES
Editor=s note: A class A misdemeanor is punishable by imprisonment not to exceed one year. MO. REV. STAT. §
558.011(5) (2009). A class D felony is punishable by imprisonment not to exceed 5 years. MO. REV. STAT. §
558.011(4) (2009). Missouri statutes also provide for a fine of no more than $1,000 for a class A misdemeanor, MO.
REV. STAT. § 560.016(1)(1) (2009), and no more than $5,000 for a class D felony. MO. REV. STAT. § 560.011(1)(1)
(2009). These fines may be imposed in place of, or in addition to, the prison sentences. MO. REV. STAT. § 557.011(2)
(2009).
MO. ANN. STAT. § 558.011 (2009). Sentence of imprisonment, terms--conditional release
1. The authorized terms of imprisonment, including both prison and conditional release terms,
are:
(1) For a class A felony, a term of years not less than ten years and not to exceed thirty
years, or life imprisonment;
(2) For a class B felony, a term of years not less than five years and not to exceed fifteen
years;
(3) For a class C felony, a term of years not to exceed seven years;
(4) For a class D felony, a term of years not to exceed four years;
(5) For a class A misdemeanor, a term not to exceed one year;
(6) For a class B misdemeanor, a term not to exceed six months;
(7) For a class C misdemeanor, a term not to exceed fifteen days.
2. In cases of class C and D felonies, the court shall have discretion to imprison for a special
term not to exceed one year in the county jail or other authorized penal institution, and the place
of confinement shall be fixed by the court. If the court imposes a sentence of imprisonment for a
term longer than one year upon a person convicted of a class C or D felony, it shall commit the
person to the custody of the department of corrections for a term of years not less than two years
and not exceeding the maximum authorized terms provided in subdivisions (3) and (4) of
subsection 1 of this section.
3.
(1) When a regular sentence of imprisonment for a felony is imposed, the court shall
commit the person to the custody of the department of corrections for the term imposed
under section 557.036, RSMo, or until released under procedures established elsewhere
by law.
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(2) A sentence of imprisonment for a misdemeanor shall be for a definite term and the
court shall commit the person to the county jail or other authorized penal institution for
the term of his or her sentence or until released under procedure established elsewhere by
law.
4.
(1) A sentence of imprisonment for a term of years for felonies other than dangerous
felonies as defined in section 556.061, RSMo, and other than sentences of imprisonment
which involve the individual's fourth or subsequent remand to the department of
corrections shall consist of a prison term and a conditional release term. The conditional
release term of any term imposed under section 557.036, RSMo, shall be:
(a) One-third for terms of nine years or less;
(b) Three years for terms between nine and fifteen years;
(c) Five years for terms more than fifteen years; and the prison term shall be the
remainder of such term. The prison term may be extended by the board of
probation and parole pursuant to subsection 5 of this section.
(2) "Conditional release" means the conditional discharge of an offender by the board of
probation and parole, subject to conditions of release that the board deems reasonable to
assist the offender to lead a law-abiding life, and subject to the supervision under the
state board of probation and parole. The conditions of release shall include avoidance by
the offender of any other crime, federal or state, and other conditions that the board in its
discretion deems reasonably necessary to assist the releasee in avoiding further violation
of the law.
5. The date of conditional release from the prison term may be extended up to a maximum of the
entire sentence of imprisonment by the board of probation and parole. The director of any
division of the department of corrections except the board of probation and parole may file with
the board of probation and parole a petition to extend the conditional release date when an
offender fails to follow the rules and regulations of the division or commits an act in violation of
such rules. Within ten working days of receipt of the petition to extend the conditional release
date, the board of probation and parole shall convene a hearing on the petition. The offender
shall be present and may call witnesses in his or her behalf and cross-examine witnesses
appearing against the offender. The hearing shall be conducted as provided in section 217.670,
RSMo. If the violation occurs in close proximity to the conditional release date, the conditional
release may be held for a maximum of fifteen working days to permit necessary time for the
division director to file a petition for an extension with the board and for the board to conduct a
hearing, provided some affirmative manifestation of an intent to extend the conditional release
has occurred prior to the conditional release date. If at the end of a fifteen-working-day period a
board decision has not been reached, the offender shall be released conditionally. The decision of
the board shall be final.
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MO. ANN. STAT. § 560.011 (2009). Fines for felonies.
1. A person who has been convicted of a class C or D felony may be sentenced
(1) To pay a fine which does not exceed five thousand dollars; or
(2) If the offender has gained money or property through the commission of the crime, to
pay an amount, fixed by the court, not exceeding double the amount of the offender's gain
from the commission of the crime. An individual offender may be fined not more than
twenty thousand dollars under this provision.
2. As used in this section the term "gain" means the amount of money or the value of property
derived from the commission of the crime. The amount of money or value of property returned
to the victim of the crime or seized by or surrendered to lawful authority prior to the time
sentence is imposed shall be deducted from the fine. When the court imposes a fine based on
gain the court shall make a finding as to the amount of the offender's gain from the crime. If the
record does not contain sufficient evidence to support such a finding, the court may conduct a
hearing upon the
issue.
3. The provisions of this section shall not apply to corporations.
MO. ANN. STAT. § 560.016 (2009). Fines for misdemeanors and infractions.
1. Except as otherwise provided for an offense outside this code, a person who has been
convicted of a misdemeanor or infraction may be sentenced to pay a fine which does not exceed:
(1) For a class A misdemeanor, one thousand dollars;
(2) For a class B misdemeanor, five hundred dollars;
(3) For a class C misdemeanor, three hundred dollars;
(4) For an infraction, two hundred dollars.
2. In lieu of a fine imposed under subsection 1, a person who has been convicted of a
misdemeanor or infraction through which he derived "gain" as defined in section 560.011, may
be sentenced to a fine which does not exceed double the amount of gain from the commission of
the offense. An individual offender may be fined not more than twenty thousand dollars under
this provision.
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animal.
ownership;
or abandonment; and
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3. EXEMPTIONS
MO. ANN. STAT. § 273.033 (2009).
1. In any action for damages or a criminal prosecution against any person for killing or injuring
a dog, a showing by a preponderance of the evidence that such person was in reasonable
apprehension of imminent harmful contact by the dog or was acting to prevent such imminent
harmful contact against another person by the dog shall constitute an absolute defense to
criminal prosecution or civil liability for the killing or injuring of such animal.
2. If a person has, on at least two occasions, complained to the county sheriff or to the
appropriate animal control authority in his or her jurisdiction that a dog, not on a leash, has
trespassed on property that such person owns, rents, or leases or on any property that constitutes
such person's residence, and when at least one of the prior two complaints was motivated by
reasonable apprehension for such person's safety or the safety of another person or apprehension
of substantial damage to livestock or property, then any subsequent trespass by such dog shall
constitute prima facie evidence that such person was in reasonable apprehension of imminent
harmful contact. The county sheriff or animal control authority to which any complaint under
this section is made shall notify the owner of the alleged trespassing dog of such complaint.
Failure by a county sheriff or animal control authority to notify a dog owner under this
subsection shall not invalidate or be construed in any way to limit any other provision of this
subsection.
3. The court shall award attorney's fees, court costs, and all reasonable expenses incurred by the
defendant in defense of any criminal prosecution or in any civil action brought by a plaintiff if
the court finds that the defendant has an absolute defense as provided in subsection 1 of this
section.
4. This section shall not be construed to provide an absolute defense to a person who is engaged
in or attempting to engage in a criminal activity at the time of the apprehension of imminent
harmful contact, or to a person for any damage or injury to any person or property other than
the dog itself that may result from actions taken in an attempt to injure or kill such dog.
MO. ANN. STAT. § 578.007 (2009). Acts and facilities to which sections 578.005 to 578.023 do
not apply.
The provisions of sections 578.005 to 578.023 shall not apply to:
(1) Care or treatment performed by a licensed veterinarian within the provisions of chapter 340,
RSMo;
(2) Bona fide scientific experiments;
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(3) Hunting, fishing, or trapping as allowed by chapter 252, RSMo, including all practices and
privileges as allowed under the Missouri Wildlife Code;
(4) Facilities and publicly funded zoological parks currently in compliance with the federal
AAnimal Welfare Act@ as amended;
(5) Rodeo practices currently accepted by the Professional Rodeo Cowboy=s Association;
(6) The killing of an animal by the owner thereof, the agent of such owner, or by a veterinarian
at the request of the owner thereof;
(7) The lawful, humane killing of an animal by an animal control officer, the operator of an
animal shelter, a veterinarian, or law enforcement or health official;
(8) With respect to farm animals, normal or accepted practices of animal husbandry;
(9) The killing of an animal by any person at any time if such animal is outside of the owned or
rented property of the owner or custodian of such animal and the animal is injuring any person
or farm animal but shall not include police or guard dogs while working;
(10) The killing of house or garden pests; or
(11) Field trials, training and hunting practices as accepted by the Professional Houndsmen of
Missouri.
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MO. ANN. STAT. § 430.165 (2009). Lien for the care of animals lawfully impounded, who
entitled to.
1. Any animal lawfully impounded under the laws of this state or ordinances of any of its
political subdivisions may be placed by the impounding officer in the care of any incorporated
humane society or other responsible person designated by the impounding authority.
2. Any incorporated humane society or other person designated to care for an animal under the
provisions of subsection 1 shall be entitled to a lien on the animal for the reasonable cost of the
care of the animal, as provided in sections 430.150 and 430.160.
animal.
ownership;
or abandonment; and
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MO. ANN. STAT. § 578.016 (2009). Impoundment of animal found off property of owner or
custodian, disposition, procedure--liability of owner or custodian for costs--lien
rights of owner or custodian.
1. Any duly authorized public health official, law enforcement official, or animal control officer
may impound any animal found outside of the owned or rented property of the owner or
custodian of such animal when such animal shows evidence of neglect or abuse. Any animal
impounded pursuant to this section shall be:
(1) If the owner can be ascertained and the animal is not diseased or disabled beyond
recovery for any useful purpose, held for recovery by the owner. The owner shall be
notified within five business days of impoundment by phone or by mail of the animal's
location and recovery procedures. The animal shall be held for ten business days. An
animal unclaimed after ten business days may be put up for adoption or humanely killed;
(2) Placed in the care or custody of a veterinarian, the appropriate animal control
authority or animal shelter. The animal shall not be disposed of, unless diseased or
disabled beyond recovery for any useful purpose, until after expiration of a minimum of
five business days, during which time the public shall have clear access to inspect or
recover the animal through time periods ordinarily accepted as usual business hours.
After five business days, the animal may be put up for adoption or humanely killed; or
(3) If diseased or disabled beyond recovery for any useful purpose as determined by a
public health official, law enforcement official, veterinarian or animal control officer,
humanely killed.
2. The owner or custodian of an animal impounded pursuant to this section shall be liable for
reasonable costs for the care and maintenance of the animal. Any person incurring reasonable
costs for the care and maintenance of such animal shall have a lien against such animal until the
reasonable costs have been paid and may put up for adoption or humanely kill any animal if
such costs are not paid within ten days after demand. Any moneys received for an animal
adopted pursuant to this subsection in excess of costs shall be paid to the owner of such animal.
3. The owner or custodian of any animal killed pursuant to this section shall be entitled to
recover the actual value of the animal up to but not to exceed six hundred dollars if the owner or
custodian shows that such killing was unwarranted.
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MO. ANN. STAT. § 578.018 (2009). Warrant for entry on private property to inspect--
impounded animals--compensation.
1. Any duly authorized public health official or law enforcement official may seek a warrant
from the appropriate court to enable him to enter private property in order to inspect, care for, or
impound neglected or abused animals. All requests for such warrants shall be accompanied by an
affidavit stating the probable cause to believe a violation of sections 578.005 to 578.023 has
occurred. A person acting under the authority of a warrant shall:
(1) Be given a disposition hearing before the court through which the warrant was issued,
within thirty days of the filing of the request for the purpose of granting immediate
disposition of the animals impounded;
(2) Place impounded animals in the care or custody of a veterinarian, the appropriate
animal control authority, or an animal shelter. If no appropriate veterinarian, animal
control authority, or animal shelter is available, the animal shall not be impounded unless
it is diseased or disabled beyond recovery for any useful purpose;
(3) Humanely kill any animal impounded if it is determined by a licensed veterinarian

that the animal is diseased or disabled beyond recovery for any useful purpose;
(4) Not be liable for any necessary damage to property while acting under such warrant.
2. The owner or custodian or any person claiming an interest in any animal that has been
impounded because of neglect or abuse may prevent disposition of the animal by posting bond or
security in an amount sufficient to provide for the animal's care and keeping for at least thirty
days, inclusive of the date on which the animal was taken into custody. Notwithstanding the fact
that bond may be posted pursuant to this subsection, the authority having custody of the animal
may humanely dispose of the animal at the end of the time for which expenses are covered by the
bond or security, unless there is a court order prohibiting such disposition. Such order shall
provide for a bond or other security in the amount necessary to protect the authority having
custody of the animal from any cost of the care, keeping or disposal of the animal. The authority
taking custody of an animal shall give notice of the provisions of this section by posting a copy
of this section at the place where the animal was taken into custody or by delivering it to a
person residing on the property.
3. The owner or custodian of any animal humanely killed pursuant to this section shall not be
entitled to recover any damages related to nor the actual value of the animal if the animal was
found by a licensed veterinarian to be diseased or disabled, or if the owner or custodian failed to
post bond or security for the care, keeping and disposition of the animal after being notified of
impoundment.
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custodian, disposition, procedure--liability of owner or custodian for costs--lien rights of
owner or custodian.
humanely killed.
reasonable costs have been paid and may put up for adoption or humanely kill any animal if such
costs are not paid within ten days after demand. Any moneys received for an animal adopted
pursuant to this subsection in excess of costs shall be paid to the owner of such animal.
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from the appropriate court to enable him to enter private property in order to inspect, care for,
or impound neglected or abused animals. All requests for such warrants shall be accompanied
by an affidavit stating the probable cause to believe a violation of sections 578.005 to 578.023
has occurred. A person acting under the authority of a warrant shall:
(1) Be given a disposition hearing before the court through which the warrant was
issued, within thirty days of the filing of the request for the purpose of granting
immediate disposition of the animals impounded;
control authority, or animal shelter is available, the animal shall not be impounded
unless it is diseased or disabled beyond recovery for any useful purpose;

may humanely dispose of the animal at the end of the time for which expenses are covered by
the bond or security, unless there is a court order prohibiting such disposition. Such order shall
impoundment.
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MO. ANN. STAT. § 578.030 (2009). State highway patrol, powers and duties to enforce
animal protection.
Editor=s note: This scope of this provision is limited to the animal fighting statutes and to the prohibition on dogs
pursuing animals propelled by devices. MO. REV. STAT. §§ 578.025 - 578.050.
1. The provisions of section 43.200, RSMo, notwithstanding, any member of the state highway
patrol or other law enforcement officer may apply for and serve a search warrant, and shall
have the power of search and seizure in order to enforce the provisions of sections 578.025 to
578.050.
2. Any member of the state highway patrol or other law enforcement officer making an arrest
under section 578.025 shall lawfully take possession of all dogs or other animals and all
paraphernalia, implements, or other property or things used or employed, or about to be
employed, in the violation of any of the provisions of section 578.025. Such officer, after taking
possession of such dogs, animals, paraphernalia, implements or other property or things, shall
file with the court before whom the complaint is made against any person so arrested an
affidavit stating therein the name of the person charged in such complaint, a description of the
person from whom the same was taken and the name of the person who claims to own such
property, if known, and that the affiant has reason to believe and does believe, stating the
ground of such belief, that the property so taken was used or employed, or was about to be used
or employed, in such violation of section 578.025. He shall thereupon deliver the property so
taken to the court, which shall, by order in writing, place the same in the custody of an officer or
other proper person named and designated in such order, to be kept by him until the conviction
or final discharge of such person complained against, and shall send a copy of such order
without delay to the prosecuting attorney of the county. The officer or person so named and
designated in such order shall immediately thereupon assume the custody of such property and
shall retain the same, subject to the order of the court before which such person so complained
against may be required to appear for trial. Upon the conviction of the person so charged, all
property so seized shall be adjudged by the court to be forfeited and shall thereupon be destroyed
or otherwise disposed of as the court may order. In the event of the acquittal or final discharge
without conviction of the person so charged, such court shall, on demand, direct the delivery of
such property so held in custody to the owner thereof.
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may humanely dispose of the animal at the end of the time for which expenses are covered by the
bond or security, unless there is a court order prohibiting such disposition. Such order shall
impoundment.
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MO. ANN. STAT. § 578.021 (2009). 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.
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12. SEXUAL ASSAULT
MO. ANN. STAT. § 566.111 (2009). Unlawful sex with an animal, penalties
1. A person commits the crime of unlawful sex with an animal if that person engages in sexual
conduct with an animal or engages in sexual conduct with an animal for commercial or
recreational purposes.
2. Unlawful sex with an animal is a class A misdemeanor unless the defendant has previously
been convicted under this section, in which case the crime is a class D felony.
3. In addition to any penalty imposed or as a condition of probation the court may:
(1) Prohibit the defendant from harboring animals or residing in any household where
animals are present during the period of probation or if probation is not granted for a
period of time not to exceed two years after the defendant's sentence is completed;
(2) Order all animals in the defendant's possession subject to a civil forfeiture action
under chapter 513, RSMo; or
(3) Order psychological evaluation and counseling of the defendant at the defendant's
expense.
4. Nothing in this section shall be construed to prohibit generally accepted animal husbandry,
farming and ranching practices or generally accepted veterinary medical practices.
5. For purposes of this section, the following terms mean:
(1) "Animal", every creature, either alive or dead, other than a human being;
(2) "Sexual conduct with an animal", any touching of an animal with the genitals or any
touching of the genitals or anus of an animal for the purpose of arousing or gratifying
the person's sexual desire.
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13. FIGHTING
MO. ANN. STAT. § 578.025 (2009). 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;
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.
2. Any person who is knowingly present, as a spectator, at any place, building, or structure
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
MO. ANN. STAT. § 578.050 (2009). Bullbaiting and cockfighting--penalty
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.
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MO. ANN. STAT. § 578.170 (2009). Definitions
As used in sections 578.170 to 578.188, the following terms mean:
(1) "Animal," every living vertebrate except a human being;
(2) "Baiting," to attack, provoke, or 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 other animals for the
purpose of amusement, entertainment, wagering or gain;
(3) "Bear wrestling," a contest of fighting or physical altercation between one or more persons
and a bear for the purpose of amusement, entertainment, wagering or gain;
(4) "Person," any individual, partnership, firm, joint stock company, corporation, association,
other business unit, society, trust, estate or other legal entity, or any public or private institution.
MO. ANN. STAT. § 578.173 (2009). 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;
(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.
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MO. ANN. STAT. § 578.176 (2009). 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. ANN. STAT. § 578.179 (2009). Seizure and disposition of animals
Whenever an indictment is returned or a complaint is filed alleging a violation of section

578.173 or 578.176 and, in the case of a complaint, a magistrate finds probable cause that a
violation has occurred, the court shall order the animals seized and shall provide for
appropriate and humane care or disposition of the animals pursuant to section 578.018. This
provision shall not be construed as a limitation on the power to seize animals as evidence at the
time of arrest.
MO. ANN. STAT. § 578.182 (2009). 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;
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(3) Any person using animals to herd, work or identify livestock for agricultural purposes
according to recognized animal husbandry.
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.
MO. ANN. STAT. § 578.185 (2009). Injunction
A court of competent jurisdiction may enjoin a person from a continuing violation of section
578.173 or 578.176.
MO. ANN. STAT. § 578.188 (2009). Severability
The provisions of sections 578.170, 578.173, 578.176, 578.179, 578.182, and 578.185 are hereby
declared to be severable. If any of these provisions, or the application of any of these provisions
to any person or circumstance, is declared invalid for any reason, such declaration shall not
affect the validity of the remaining portions of these sections.
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MO. ANN. STAT. § 273.033 (2009).
1. In any action for damages or a criminal prosecution against any person for killing or injuring
a dog, a showing by a preponderance of the evidence that such person was in reasonable
apprehension of imminent harmful contact by the dog or was acting to prevent such imminent
harmful contact against another person by the dog shall constitute an absolute defense to
criminal prosecution or civil liability for the killing or injuring of such animal.
2. If a person has, on at least two occasions, complained to the county sheriff or to the
appropriate animal control authority in his or her jurisdiction that a dog, not on a leash, has
trespassed on property that such person owns, rents, or leases or on any property that constitutes
such person's residence, and when at least one of the prior two complaints was motivated by
reasonable apprehension for such person's safety or the safety of another person or apprehension
of substantial damage to livestock or property, then any subsequent trespass by such dog shall
constitute prima facie evidence that such person was in reasonable apprehension of imminent
harmful contact. The county sheriff or animal control authority to which any complaint under
this section is made shall notify the owner of the alleged trespassing dog of such complaint.
Failure by a county sheriff or animal control authority to notify a dog owner under this
subsection shall not invalidate or be construed in any way to limit any other provision of this
subsection.
3. The court shall award attorney's fees, court costs, and all reasonable expenses incurred by the
defendant in defense of any criminal prosecution or in any civil action brought by a plaintiff if
the court finds that the defendant has an absolute defense as provided in subsection 1 of this
section.
4. This section shall not be construed to provide an absolute defense to a person who is engaged
in or attempting to engage in a criminal activity at the time of the apprehension of imminent
harmful contact, or to a person for any damage or injury to any person or property other than
the dog itself that may result from actions taken in an attempt to injure or kill such dog.
MO. ANN. STAT. § 430.165 (2009). Lien for the care of animals lawfully impounded, who
entitled to.
1. Any animal lawfully impounded under the laws of this state or ordinances of any of its
political subdivisions may be placed by the impounding officer in the care of any incorporated
humane society or other responsible person designated by the impounding authority.
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2. Any incorporated humane society or other person designated to care for an animal under the
provisions of subsection 1 shall be entitled to a lien on the animal for the reasonable cost of the
care of the animal, as provided in sections 430.150 and 430.160.
MO. ANN. STAT. § 558.011 (2009). Sentence of imprisonment, terms--conditional release
1. The authorized terms of imprisonment, including both prison and conditional release terms,
are:
(1) For a class A felony, a term of years not less than ten years and not to exceed thirty
years, or life imprisonment;
(2) For a class B felony, a term of years not less than five years and not to exceed fifteen
years;
(3) For a class C felony, a term of years not to exceed seven years;
(4) For a class D felony, a term of years not to exceed four years;
(5) For a class A misdemeanor, a term not to exceed one year;
(6) For a class B misdemeanor, a term not to exceed six months;
(7) For a class C misdemeanor, a term not to exceed fifteen days.
2. In cases of class C and D felonies, the court shall have discretion to imprison for a special
term not to exceed one year in the county jail or other authorized penal institution, and the place
of confinement shall be fixed by the court. If the court imposes a sentence of imprisonment for a
term longer than one year upon a person convicted of a class C or D felony, it shall commit the
person to the custody of the department of corrections for a term of years not less than two years
and not exceeding the maximum authorized terms provided in subdivisions (3) and (4) of
subsection 1 of this section.
3.
(1) When a regular sentence of imprisonment for a felony is imposed, the court shall
commit the person to the custody of the department of corrections for the term imposed
under section 557.036, RSMo, or until released under procedures established elsewhere
by law.
(2) A sentence of imprisonment for a misdemeanor shall be for a definite term and the
court shall commit the person to the county jail or other authorized penal institution for
the term of his or her sentence or until released under procedure established elsewhere by
law.
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4.
(1) A sentence of imprisonment for a term of years for felonies other than dangerous
felonies as defined in section 556.061, RSMo, and other than sentences of imprisonment
which involve the individual's fourth or subsequent remand to the department of
corrections shall consist of a prison term and a conditional release term. The conditional
release term of any term imposed under section 557.036, RSMo, shall be:
(a) One-third for terms of nine years or less;
(b) Three years for terms between nine and fifteen years;
(c) Five years for terms more than fifteen years; and the prison term shall be the
remainder of such term. The prison term may be extended by the board of
probation and parole pursuant to subsection 5 of this section.
(2) "Conditional release" means the conditional discharge of an offender by the board of
probation and parole, subject to conditions of release that the board deems reasonable to
assist the offender to lead a law-abiding life, and subject to the supervision under the
state board of probation and parole. The conditions of release shall include avoidance by
the offender of any other crime, federal or state, and other conditions that the board in its
discretion deems reasonably necessary to assist the releasee in avoiding further violation
of the law.
5. The date of conditional release from the prison term may be extended up to a maximum of the
entire sentence of imprisonment by the board of probation and parole. The director of any
division of the department of corrections except the board of probation and parole may file with
the board of probation and parole a petition to extend the conditional release date when an
offender fails to follow the rules and regulations of the division or commits an act in violation of
such rules. Within ten working days of receipt of the petition to extend the conditional release
date, the board of probation and parole shall convene a hearing on the petition. The offender
shall be present and may call witnesses in his or her behalf and cross-examine witnesses
appearing against the offender. The hearing shall be conducted as provided in section 217.670,
RSMo. If the violation occurs in close proximity to the conditional release date, the conditional
release may be held for a maximum of fifteen working days to permit necessary time for the
division director to file a petition for an extension with the board and for the board to conduct a
hearing, provided some affirmative manifestation of an intent to extend the conditional release
has occurred prior to the conditional release date. If at the end of a fifteen-working-day period a
board decision has not been reached, the offender shall be released conditionally. The decision of
the board shall be final.
MO. ANN. STAT. § 560.011 (2009). Fines for felonies.
1. A person who has been convicted of a class C or D felony may be sentenced
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(1) To pay a fine which does not exceed five thousand dollars; or
(2) If the offender has gained money or property through the commission of the crime, to
pay an amount, fixed by the court, not exceeding double the amount of the offender's gain
from the commission of the crime. An individual offender may be fined not more than
twenty thousand dollars under this provision.
derived from the commission of the crime. The amount of money or value of property returned
to the victim of the crime or seized by or surrendered to lawful authority prior to the time
sentence is imposed shall be deducted from the fine. When the court imposes a fine based on
gain the court shall make a finding as to the amount of the offender's gain from the crime. If the
record does not contain sufficient evidence to support such a finding, the court may conduct a
hearing upon the
issue.
3. The provisions of this section shall not apply to corporations.
MO. ANN. STAT. § 560.016 (2009). Fines for misdemeanors and infractions.
1. Except as otherwise provided for an offense outside this code, a person who has been
convicted of a misdemeanor or infraction may be sentenced to pay a fine which does not exceed:
(1) For a class A misdemeanor, one thousand dollars;
(2) For a class B misdemeanor, five hundred dollars;
(3) For a class C misdemeanor, three hundred dollars;
(4) For an infraction, two hundred dollars.
2. In lieu of a fine imposed under subsection 1, a person who has been convicted of a
misdemeanor or infraction through which he derived "gain" as defined in section 560.011, may
be sentenced to a fine which does not exceed double the amount of gain from the commission of
the offense. An individual offender may be fined not more than twenty thousand dollars under
this provision.
MO. ANN. STAT. § 566.111 (2009). Unlawful sex with an animal, penalties
1. A person commits the crime of unlawful sex with an animal if that person engages in sexual
conduct with an animal or engages in sexual conduct with an animal for commercial or
recreational purposes.
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2. Unlawful sex with an animal is a class A misdemeanor unless the defendant has previously
been convicted under this section, in which case the crime is a class D felony.
3. In addition to any penalty imposed or as a condition of probation the court may:
(1) Prohibit the defendant from harboring animals or residing in any household where
animals are present during the period of probation or if probation is not granted for a
period of time not to exceed two years after the defendant's sentence is completed;
(2) Order all animals in the defendant's possession subject to a civil forfeiture action
under chapter 513, RSMo; or
(3) Order psychological evaluation and counseling of the defendant at the defendant's
expense.
4. Nothing in this section shall be construed to prohibit generally accepted animal husbandry,
farming and ranching practices or generally accepted veterinary medical practices.
5. For purposes of this section, the following terms mean:
(1) "Animal", every creature, either alive or dead, other than a human being;
(2) "Sexual conduct with an animal", any touching of an animal with the genitals or any
touching of the genitals or anus of an animal for the purpose of arousing or gratifying the
person's sexual desire.
MO. ANN. STAT. § 578.005 (2009). Definitions.
As used in sections 578.005 to 578.023, the following terms shall mean:
(1) AAdequate care@, 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;
(2) AAdequate control@, to reasonably restrain or govern an animal so that the animal does not
injure itself, any person, any other animal, or property;
(3) AAnimal@, every living vertebrate except a human being;
(4) AAnimal shelter@, a facility which is used to house or contain animals and which is owned,
operated, or maintained by a duly incorporated humane society, animal welfare society, society
for the prevention of cruelty to animals, or other not for profit organization devoted to the
welfare, protection, and humane treatment of animals;
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(5) AFarm animal@, an animal raised on a farm or ranch and used or intended for use in farm or
ranch production, or as food or fiber;
(6) AHarbor@, to feed or shelter an animal at the same location for three or more consecutive
days;
(7) AHumane killing@, the destruction of an animal accomplished by a method approved by the
American Veterinary Medical Association=s Panel on Euthanasia (JAVMA 173: 59-72, 1978); or
more recent editions, but animals killed during the feeding of pet carnivores shall be considered
humanely killed;
(8) AOwner@, in addition to its ordinary meaning, any person who keeps or harbors an animal or
professes to be owning, keeping, or harboring an animal;
(9) APerson@, any individual, partnership, firm, joint stock company, corporation, association,
trust, estate, or other legal entity;
(10) APests@, birds, rabbits, or rodents which damage property or have an adverse effect on the
public health, but shall not include any endangered species listed by the United States
Department of the Interior nor any endangered species listed in the Wildlife Code of Missouri.
MO. ANN. STAT. § 578.007 (2009). Acts and facilities to which sections 578.005 to 578.023 do
not apply.
The provisions of sections 578.005 to 578.023 shall not apply to:
(1) Care or treatment performed by a licensed veterinarian within the provisions of chapter 340,
RSMo;
(2) Bona fide scientific experiments;
(3) Hunting, fishing, or trapping as allowed by chapter 252, RSMo, including all practices and
privileges as allowed under the Missouri Wildlife Code;
(4) Facilities and publicly funded zoological parks currently in compliance with the federal
AAnimal Welfare Act@ as amended;
(5) Rodeo practices currently accepted by the Professional Rodeo Cowboy=s Association;
(6) The killing of an animal by the owner thereof, the agent of such owner, or by a veterinarian
at the request of the owner thereof;
(7) The lawful, humane killing of an animal by an animal control officer, the operator of an
animal shelter, a veterinarian, or law enforcement or health official;
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(8) With respect to farm animals, normal or accepted practices of animal husbandry;
(9) The killing of an animal by any person at any time if such animal is outside of the owned or
rented property of the owner or custodian of such animal and the animal is injuring any person or
farm animal but shall not include police or guard dogs while working;
(10) The killing of house or garden pests; or
(11) Field trials, training and hunting practices as accepted by the Professional Houndsmen of
Missouri.
animal.
ownership;
or abandonment; and
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MO. ANN. STAT. § 578.012 (2009). Animal abuse--penalties
1. A person is guilty of animal abuse when a person:
(1) Intentionally or purposely kills an animal in any manner not allowed by or expressly
exempted from the provisions of sections 578.005 to 578.023 and 273.030, RSMo;
(2) Purposely or intentionally causes injury or suffering to an animal; or
(3) Having ownership or custody of an animal knowingly fails to provide adequate care
or adequate control.
2. Animal abuse is a class A misdemeanor, unless the defendant has previously plead guilty to or
has been found guilty of animal abuse or the suffering involved in subdivision (2) of subsection
1 of this section is the result of torture or mutilation, or both, consciously inflicted while the
animal was alive, in which case it is a class D felony.
MO. ANN. STAT. § 578.014 (2009). 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.
custodian, disposition, procedure--liability of owner or custodian for costs--lien rights of
owner or custodian.
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humanely killed.
reasonable costs have been paid and may put up for adoption or humanely kill any animal if such
costs are not paid within ten days after demand. Any moneys received for an animal adopted
pursuant to this subsection in excess of costs shall be paid to the owner of such animal.

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may humanely dispose of the animal at the end of the time for which expenses are covered by
the bond or security, unless there is a court order prohibiting such disposition. Such order shall
impoundment.
MO. ANN. STAT. § 578.021 (2009). 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. ANN. STAT. § 578.025 (2009). 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;
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.
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2. Any person who is knowingly present, as a spectator, at any place, building, or structure
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
MO. ANN. STAT. § 578.030 (2009). State highway patrol, powers and duties to enforce
animal protection.
1. The provisions of section 43.200, RSMo, notwithstanding, any member of the state highway
patrol or other law enforcement officer may apply for and serve a search warrant, and shall have
the power of search and seizure in order to enforce the provisions of sections 578.025 to
578.050.
2. Any member of the state highway patrol or other law enforcement officer making an arrest
under section 578.025 shall lawfully take possession of all dogs or other animals and all
paraphernalia, implements, or other property or things used or employed, or about to be
employed, in the violation of any of the provisions of section 578.025. Such officer, after taking
possession of such dogs, animals, paraphernalia, implements or other property or things, shall
file with the court before whom the complaint is made against any person so arrested an affidavit
stating therein the name of the person charged in such complaint, a description of the property so
taken and the time and place of the taking thereof together with the name of the person from
whom the same was taken and the name of the person who claims to own such property, if
known, and that the affiant has reason to believe and does believe, stating the ground of such
belief, that the property so taken was used or employed, or was about to be used or employed, in
such violation of section 578.025. He shall thereupon deliver the property so taken to the court,
which shall, by order in writing, place the same in the custody of an officer or other proper
person named and designated in such order, to be kept by him until the conviction or final
discharge of such person complained against, and shall send a copy of such order without delay
to the prosecuting attorney of the county. The officer or person so named and designated in such
order shall immediately thereupon assume the custody of such property and shall retain the same,
subject to the order of the court before which such person so complained against may be required
to appear for trial. Upon the conviction of the person so charged, all property so seized shall be
adjudged by the court to be forfeited and shall thereupon be destroyed or otherwise disposed of
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as the court may order. In the event of the acquittal or final discharge without conviction of the
person so charged, such court shall, on demand, direct the delivery of such property so held in
custody to the owner thereof.
MO. ANN. STAT. § 578.050 (2009). Bullbaiting and cockfighting--penalty
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. ANN. STAT. § 578.170 (2009). Definitions
As used in sections 578.170 to 578.188, the following terms mean:
(1) "Animal," every living vertebrate except a human being;
(2) "Baiting," to attack, provoke, or 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 other animals for the
purpose of amusement, entertainment, wagering or gain;
(3) "Bear wrestling," a contest of fighting or physical altercation between one or more persons
and a bear for the purpose of amusement, entertainment, wagering or gain;
(4) "Person," any individual, partnership, firm, joint stock company, corporation, association,
other business unit, society, trust, estate or other legal entity, or any public or private institution.
MO. ANN. STAT. § 578.173 (2009). 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;
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(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;
(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. ANN. STAT. § 578.176 (2009). 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.
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MO. ANN. STAT. § 578.179 (2009). Seizure and disposition of animals
Whenever an indictment is returned or a complaint is filed alleging a violation of section

578.173 or 578.176 and, in the case of a complaint, a magistrate finds probable cause that a
violation has occurred, the court shall order the animals seized and shall provide for appropriate
and humane care or disposition of the animals pursuant to section 578.018. This provision shall
not be construed as a limitation on the power to seize animals as evidence at the time of arrest.
MO. ANN. STAT. § 578.182 (2009). 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.
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.
MO. ANN. STAT. § 578.185 (2009). Injunction
A court of competent jurisdiction may enjoin a person from a continuing violation of section
578.173 or 578.176.
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MO. ANN. STAT. § 578.188 (2009). Severability
The provisions of sections 578.170, 578.173, 578.176, 578.179, 578.182, and 578.185 are hereby
declared to be severable. If any of these provisions, or the application of any of these provisions
to any person or circumstance, is declared invalid for any reason, such declaration shall not
affect the validity of the remaining portions of these sections.
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ANIMAL PROTECTION LAWS OF MONTANA
ANIMAL PROTECTION LAWS OF MONTANA
2. PENALTIES
3. EXEMPTIONS
12. SEXUAL ASSAULT
13. FIGHTING
This chapter contains Montana’s general animal protection and related statutes enacted prior to November 2009. It
Montana may employ similar provisions within other non-animal-specific criminal and civil statutes; may have other

USA Map
MONTANA
1. GENERAL PROHIBITIONS * Cruelty to animals

MONT. CODE ANN. § 45-8-211


[1st offense]:
Misdemeanor
Felony
-----
(2)
Felony

[1st offense]:
and/or
$1,000 fine
MONT. CODE ANN. § 45-8-211(2)(a)
2 years prison
and/or
$2,500 fine
MONT. CODE ANN. § 45-8-211(2)(a)
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MONTANA continued
2. MAXIMUM PENALTIES continued ** (2)

2 years prison
and/or
$2,500 fine
MONT. CODE ANN. § 45-8-211(2)(a)
3. EXEMPTIONS *** 1, 2, 3, 4, 5, 6, 7, 9
MONT. CODE ANN. § 45-8-211(4)
6. RESTITUTION / REIMBURSEMENT The court shall require defendant to pay

H
reasonable costs of veterinary care
MONT. CODE ANN. § 45-8-211(3)(a)
The court may require defendant to pay

reasonable costs of necessary care
MONT. CODE ANN. § 45-8-211(3)(b)
7. SEIZURE / ON-SITE SUPERVISION -----
8. FORFEITURE / POSSESSION H Convicted owner may be required to forfeit

affected animal(s) to the county
MONT. CODE ANN. § 45-8-211(2)(b)
Court may prohibit or limit

ownership/possession/custody of animals
during term of sentence
MONT. CODE ANN. § 45-8-211(3)(c)
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MONTANA continued

punishable by up to 10 years in the state
prison and a $50,000 fine
13. FIGHTING Various animal fighting activities are felonies

punishable by up to 5 years in the state prison
and a $5,000 fine
Other Felony Provisions Affecting Animals I Killing or injuring a commonly domesticated

hoofed animal
NOTES Exemplary damages may be awarded for

inhumane injuries to animals
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MONT. CODE ANN. § 45-8-211 (2009). 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.
(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.
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(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. § 45-8-217 (2009). 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.

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2. PENALTIES
(i) food and water of sufficient quantity and quality to sustain the animal's normal
health;

(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

(2)
2 years, or both.
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shelter;
association;
activities; or
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3. EXEMPTIONS
health;

charge; or

(2)
2 years, or both.
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shelter;
association;
activities; or
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4. COUNSELING
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health;

charge; or

(2)
2 years, or both.
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(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;
affected animal that are incurred by a public or private animal control agency or
humane animal treatment shelter; and
association;
activities; or
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health;

charge; or

(2)
2 years, or both.
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shelter;
association;
activities; or
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12. SEXUAL ASSAULT
MONT. CODE ANN. § 45-2-101 (2009). General definitions.
Unless otherwise specified in the statute, all words will be taken in the objective standard rather
than in the subjective, and unless a different meaning plainly is required, the following
definitions apply in this title:
* * * * *
(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.
* * * * *
MONT. CODE ANN. § 45-5-505 (2009). 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.
(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.
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13. FIGHTING
MONT. CODE ANN. § 45-8-210 (2009). Causing animals to fight -- owners, trainers, and
spectators -- penalties -- exception -- definition.
(1) A person commits the offense of causing animals to fight if he:
(a) owns, possesses, keeps, or trains any animal with the intent that such 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 his charge or control, or aids or abets any such act;
(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 imprisoned in the state prison for a term of not less than 1 year or more
than 5 years, or both such fine and imprisonment.
(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 man.
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MONT. CODE ANN. § 45-2-101 (2009). General definitions.
Unless otherwise specified in the statute, all words will be taken in the objective standard rather
than in the subjective, and unless a different meaning plainly is required, the following
definitions apply in this title:
* * * * *
(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.
* * * * *
MONT. CODE ANN. § 45-5-505 (2009). 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.
(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.
MONT. CODE ANN. § 45-8-210 (2009). Causing animals to fight -- owners, trainers, and
spectators -- penalties -- exception -- definition.
(1) A person commits the offense of causing animals to fight if he:
(a) owns, possesses, keeps, or trains any animal with the intent that such 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 his charge or control, or aids or abets any such act;
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(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 imprisoned in the state prison for a term of not less than 1 year
or more than 5 years, or both such fine and imprisonment.
(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 man.
health;

charge; or

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(2)
2 years, or both.
shelter;
association;

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activities; or
MONT. CODE ANN. § 45-8-217 (2009). 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.
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ANIMAL PROTECTION LAWS OF NEBRASKA
ANIMAL PROTECTION LAWS OF NEBRASKA
2. PENALTIES
3. EXEMPTIONS
12. SEXUAL ASSAULT
13. FIGHTING
This chapter contains Nebraska’s general animal protection and related statutes enacted prior to November 2009. It
Nebraska may employ similar provisions within other non-animal-specific criminal and civil statutes; may have other

USA Map
NEBRASKA
1. GENERAL PROHIBITIONS * Abandonment, cruel neglect, cruel

mistreatment
NEB. REV. STAT. § 28-1009
Animals Covered in Definition AAny vertebrate member of the animal

kingdom@ except Athe term does not include
an uncaptured wild creature@
Classification of Crimes [Abandonment, cruel neglect]:

Class I misdemeanor
[Abandonment, cruel neglect resulting in

serious injury or illness or death]:
Class IV felony
[Cruel mistreatment]
[1st offense]: Class I misdemeanor
[Subsequent offenses]: Class IV felony
[Cruel mistreatment involving torture,

repeated beating or mutilation]:
Class IV felony
2. MAXIMUM PENALTIES ** [Class I misdemeanor]:

1 year imprisonment
and/or $1,000 fine
NEB. REV. STAT. § 28-106(1)
[Class IV felony]:
and/or $10,000 fine
NEB. REV. STAT. § 28-105(1)
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NEBRASKA continued
3. EXEMPTIONS *** 1, 2, 3, 4, 5, 6, 7, 9
6. RESTITUTION / REIMBURSEMENT Reimbursement for expenses may be ordered

H
by the court
NEB. REV. STAT. § 28-1006(4)
NEB. REV. STAT. § 28-1011(1)
Even if reimbursement is not ordered by the

court, defendant may still be liable for costs
of care, which are a lien on the animal
NEB. REV. STAT. § 28-1011(2)
Judgments for fines and costs shall be a lien

upon the property of the defendant
7. SEIZURE / ON-SITE SUPERVISION Any animal or property involved in fighting

may be seized
NEB. REV. STAT. § 28-1006(2), (3)
Any law enforcement officer who has reason

to believe that an animal has been abandoned,
cruelly neglected or mistreated, may be
issued a search warrant and may seize animal
if a violation has occurred
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NEBRASKA continued
8. FORFEITURE / POSSESSION H Any seized animal or property involved in a

violation of 28-1009 or 28-1010 may be
distributed or disposed as directed by the
court
NEB. REV. STAT. § 28-1012(3),(4)
Upon a misdemeanor conviction for animal
cruelty or fighting the court may prohibit
owning, possessing or residing with an
animal for up to 5 years; upon a felony
conviction the court shall prohibit owning,
possessing or residing with an animal for 5 to
15 years
When a seized or held animal is no longer
required as evidence, court may direct its
disposal
NEB. REV. STAT. § 29-820(3)
9. CROSS ENFORCEMENT / REPORTING Employees of agencies relating to

government child or adult protective services,
animal control, or animal abuse, shall report
cases of suspected animal abandonment, cruel
neglect and cruel mistreatment
10. VETERINARIAN REPORTING / IMMUNITY Veterinarians and veterinary technicians shall

report suspected cases of abandonment, cruel
neglect, or cruel mistreatment, and are
immune from liability except for false
statements of fact made with malicious intent
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NEBRASKA continued
11. LAW ENFORCEMENT POLICIES Law enforcement officers have a duty to

investigate and make arrests for animal
fighting violations
Any law enforcement officer who has reason
to believe that an animal is being mistreated
may obtain a search warrant, issue citations
and seize the mistreated animal; no liability
for non-negligent property damage
NEB. REV. STAT. § 28-1012(1),(2),(5)
12. SEXUAL ASSAULT Subjecting an animal to sexual penetration is

a Class III misdemeanor
13. FIGHTING All various aspects relating to animal

fighting, including being a spectator, are
prohibited. Violations are Class IV felonies
Other Felony Provisions Affecting Animals I Harassment that is the proximate cause of the
death of a police animal is a Class IV felony
NEB. REV. STAT. § 28-1009(2)
I This list is not exhaustive; each state may authorize felony penalties for other crimes involving animals not included in this table.
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NEB. REV. STAT. § 28-1008 (2009). Terms, defined.
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;
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(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 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. § 28-1009 (2009). Abandonment; cruelty; 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.
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2. PENALTIES
NEB. REV. STAT. § 28-105 (2009). Felonies; classification of penalties; sentences; where
served; eligibility for probation.
(1) For purposes of the Nebraska Criminal Code and any statute passed by the Legislature after
the date of passage of the code, felonies are divided into nine classes which are distinguished
from one another by the following penalties which are authorized upon conviction:
Class I felony ..... Death

Class IA felony .... Life imprisonment
Class IB felony .... Maximum-life imprisonment
Minimum-twenty years imprisonment
Class IC felony .... Maximum-fifty years imprisonment
Mandatory minimum-five years imprisonment
Class ID felony .... Maximum-fifty years imprisonment
Mandatory minimum-three years imprisonment
Class II felony .... Maximum-fifty years imprisonment
Minimum-one year imprisonment
Class III felony ... Maximum-twenty years imprisonment, or
twenty-five thousand dollars fine, or both
Class IIIA felony .. Maximum-five years imprisonment, or
ten thousand dollars fine, or both
Minimum-none
Class IV felony .... Maximum-five years imprisonment, or ten
thousand dollars fine, or both
Minimum-none
(2) All sentences of imprisonment for Class IA, IB, IC, ID, II, and III felonies and sentences of
one year or more for Class IIIA and IV felonies shall be served in institutions under the
jurisdiction of the Department of Correctional Services. Sentences of less than one year shall be
served in the county jail except as provided in this subsection. If the department certifies that it
has programs and facilities available for persons sentenced to terms of less than one year, the
court may order that any sentence of six months or more be served in any institution under the
jurisdiction of the department. Any such certification shall be given by the department to the
State Court Administrator, who shall forward copies thereof to each judge having jurisdiction to
sentence in felony cases.
(3) Nothing in this section shall limit the authority granted in sections 29-2221 and 29-2222 to
increase sentences for habitual criminals.
(4) A person convicted of a felony for which a mandatory minimum sentence is prescribed shall
not be eligible for probation.
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NEB. REV. STAT. § 28-106 (2009). Misdemeanors; classification of penalties; sentences;
where served.
the date of passage of the code, misdemeanors are divided into seven classes which are
distinguished from one another by the following penalties which are authorized upon conviction:
Class I misdemeanor
Maximum --not more than one year imprisonment, or one thousand dollars fine, or both
Minimum –none
Class II misdemeanor
Maximum --six months imprisonment, or one thousand dollars fine, or both
Minim um –none
Class III misdemeanor

Maximum --three months imprisonment, or five hundred dollars fine, or both
Minimum –none
Class IIIA misdemeanor

Maximum --seven days imprisonment, five hundred dollars fine, or both
Minim um –none
Class IV misdemeanor ....... Maximum --no imprisonment, five hundred dollars

fine
Minimum --one hundred dollars fine
Class V misdemeanor ........ Maximum --no imprisonment, one hundred dollars
fine
Minimum --none
Class W misdemeanor ........ Driving under the influence or implied consent
First conviction
Maximum --sixty days imprisonment and five hundred
dollars fine
Mandatory minimum --seven days imprisonment and
four hundred dollars fine
Second conviction
Maximum --six months imprisonment and five hundred
dollars fine
Mandatory minimum --thirty days imprisonment and
five hundred dollars fine
Third conviction
Maximum --one year imprisonment and six hundred
dollars fine
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Mandatory minimum --ninety days imprisonment and
six hundred dollars fine
(2) Sentences of imprisonment in misdemeanor cases shall be served in the county jail, except
that in the following circumstances the court may, in its discretion, order that such sentences be
served in institutions under the jurisdiction of the Department of Correctional Services:
(a) If the sentence is for a term of one year upon conviction of a Class I misdemeanor;
(b) If the sentence is to be served concurrently or consecutively with a term for

conviction of a felony; or
(c) If the Department of Correctional Services has certified as provided in section 28-105
as to the availability of facilities and programs for short-term prisoners and the sentence
is for a term of six months or more.
NEB. REV. STAT. § 28-1015 (2009). 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.
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3. EXEMPTIONS
NEB. REV. STAT. § 28-1007 (2009). Sections, how construed.
Sections 28-1004 to 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. § 28-1013 (2009). Sections; exemptions.
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;
(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;

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(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. § 28-1016 (2009). Game and Parks Commission; Game Law; sections, how
construed.
Nothing in sections 28-1008 to 28-1017, 28-1019, and 28-1020 shall be construed as amending
or changing the authority of the Game and Parks Commission as established in the Game Law
or to prohibit any conduct authorized or permitted by such law.
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NEB. REV. STAT. § 28-1006 (2009). Investigation; arrest; seizure of property;

reimbursement of expenses.
(1) It shall be the duty of the sheriff, a police officer, or the Nebraska State Patrol to make
prompt investigation of and arrest for any violation of section 28-1005.
(2) Any animal, equipment, device, or other property or things involved in any violation of
section 28-1005 shall be subject to seizure, and disposition may be made in accordance with the
method of disposition directed for contraband in section 29-820.
(3) Any animal involved in any violation of section 28-1005 shall be subject to seizure.
Distribution or disposition may be made in such manner as the court may direct. The court may
give preference to adoption alternatives through humane societies or comparable institutions and
to the protection of such animal's welfare. For a humane society or comparable institution to be
considered as an adoption alternative under this subsection, it must first be licensed by the
Department of Agriculture as having passed the inspection requirements in the Commercial Dog
and Cat Operator Inspection Act and paid the fee for inspection under the act. The court may
prohibit an adopting or purchasing party from selling such animal for a period not to exceed one
year.
(4) In addition to any other sentence given for a violation of section 28-1005, the sentencing
court may order the defendant to reimburse a public or private agency for expenses incurred in
conjunction with the care, impoundment, or disposal, including adoption, of an animal involved
in the violation of such section. Whenever the court believes that such reimbursement may be a
proper sentence or the prosecuting attorney requests, the court shall order that the presentence
investigation report include documentation regarding the nature and amount of the expenses
incurred. The court may order that reimbursement be made immediately, in specified
installments, or within a specified period of time, not to exceed five years after the date of
judgment.
NEB. REV. STAT. § 28-1011 (2009). Violations; liability for expenses.
(1) In addition to any other sentence given for a violation of section 28-1009 or 28-1010, the
sentencing court may order the defendant to reimburse a public or private agency for expenses
incurred in conjunction with the care, impoundment, or disposal of an animal involved in the
violation of such section. Whenever the court believes that such reimbursement may be a proper
sentence or the prosecuting attorney requests, the court shall order that the presentence
judgment.
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(2) Even if reimbursement for expenses is not ordered under subsection (1) of this section, the
defendant shall be liable for all expenses incurred by a public or private agency in conjunction
with the care, impoundment, or disposal of an animal. The expenses shall be a lien upon the
animal.
NEB. REV. STAT. § 29-2407 (2009). Judgments for fines, costs, and forfeited recognizances;
lien; exemptions; duration.
Judgments for fines and costs in criminal cases shall be a lien upon all the property of the
defendant within the county from the time of docketing the case by the clerk of the proper court,
and judgments upon forfeited recognizance shall be a like lien from the time of forfeiture. No
property of any convict shall be exempt from execution issued upon any such judgment as set out
in this section against such convict except in cases when the convict is sentenced to a
Department of Correctional Services adult correctional facility for a period of more than two
years or to suffer death, in which cases there shall be the same exemptions as at the time may be
provided by law for civil cases. The lien on real estate of any such judgment for costs shall
terminate as provided in section 25-1716.
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year.
judgment.
NEB. REV. STAT. § 28-1012 (2009). Law enforcement officer; powers; immunity.
(1) Any law enforcement officer who has reason to believe that an animal has been abandoned
or is being cruelly neglected or cruelly mistreated may seek a warrant authorizing entry upon
private property to inspect, care for, or impound the animal.
(2) Any law enforcement officer who has reason to believe that an animal has been abandoned or
is being cruelly neglected or cruelly mistreated may issue a citation to the owner as prescribed in
sections 29-422 to 29-429.
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(3) Any animal, equipment, device, or other property or things involved in a violation of section
28-1009 or 28-1010 shall be subject to seizure and distribution or disposition may be made in
such manner as the court may direct.
(4) Any animal involved in a violation of section 28-1009 or 28-1010 shall be subject to seizure.
consider adoption alternatives through humane societies or comparable institutions and the
protection of such animal's welfare. For a humane society or comparable institution to be
year.
(5) Any law enforcement officer acting under this section shall not be liable for damage to
property if such damage is not the result of the officer's negligence.
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is being cruelly neglected or cruelly mistreated may seek a warrant authorizing entry upon
sections 29-422 to 29-429.
year.
NEB. REV. STAT. § 28-1019 (2009). Conviction; order prohibiting ownership, possession, or
residing with animal; duration; violation; penalty; seizure of animal.
(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.
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(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. § 29-820 (2009). Seized property; disposition.
(1) Unless other disposition is specifically provided by law, when property seized or held is no
longer required as evidence, it shall be disposed of by the law enforcement agency on such
showing as the law enforcement agency may deem adequate, as follows:
(a) Property stolen, embezzled, obtained by false pretenses, or otherwise obtained

unlawfully from the rightful owner thereof shall be restored to the owner;
(b) Money shall be restored to the owner unless it was used in unlawful gambling or
lotteries or it was used or intended to be used to facilitate a violation of Chapter 28,
article 4, in which case the money shall be forfeited and disposed of as required by
Article VII, section 7, of the Constitution of Nebraska;
(c) Property which is unclaimed or the ownership of which is unknown shall be sold at a
public auction held by the officer having custody thereof and the net proceeds disposed
of as provided in subdivision (b) of this subsection, as shall any money which is
unclaimed or the ownership of which is unknown;
(d) Except as provided in subdivision (2)(b) of this section, articles of contraband shall be
destroyed; and
(e) Except as provided in subdivision (2)(a) of this section, firearms, ammunition,

explosives, bombs, and like devices which have been used in the commission of crime
shall be destroyed.
(2) When the following property is seized or held and is no longer required as evidence, such
property shall be disposed of on order of the court as the court may deem adequate:
(a) Firearms which may have a lawful use; and
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(b) Goods which are declared to be contraband but may reasonably be returned to a
condition or state in which such goods may be lawfully used, possessed, or distributed by
the public.
(3) When any animal as defined by section 28-1008 is seized or held and is no longer required as
evidence, such animal may be disposed of in such manner as the court may direct. The court may
year.
(4) Unless otherwise provided by law, all other property shall be disposed of in such manner as
the court in its sound discretion shall direct.
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NEB. REV. STAT. § 28-1017 (2009). Animal abandonment, cruel neglect, or cruel
mistreatment; report required by certain employees; violation; penalty.
(1) For purposes of this section:
(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.
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(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 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.
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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.
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.
NE-24
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year.
judgment.
or is being cruelly neglected or cruelly mistreated may seek a warrant authorizing entry upon
or is being cruelly neglected or cruelly mistreated may issue a citation to the owner as
prescribed in sections 29-422 to 29-429.
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year.
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12. SEXUAL ASSAULT
NEB. REV. STAT. § 28-1010 (2009). 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.
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13. FIGHTING
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. § 28-1005 (2009). 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.
(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.
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NEB. REV. STAT. § 28-105 (2009). Felonies; classification of penalties; sentences; where
served; eligibility for probation.
the date of passage of the code, felonies are divided into nine classes which are distinguished
from one another by the following penalties which are authorized upon conviction:
Class I felony ..... Death

Class IA felony .... Life imprisonment
Class IB felony .... Maximum-life imprisonment
Minimum-twenty years imprisonment
Class IC felony .... Maximum-fifty years imprisonment
Mandatory minimum-five years imprisonment
Class ID felony .... Maximum-fifty years imprisonment
Mandatory minimum-three years imprisonment
Class II felony .... Maximum-fifty years imprisonment
Class III felony ... Maximum-twenty years imprisonment, or
twenty-five thousand dollars fine, or both
Class IIIA felony .. Maximum-five years imprisonment, or
ten thousand dollars fine, or both
Minimum-none
Class IV felony .... Maximum-five years imprisonment, or ten
thousand dollars fine, or both
Minimum-none
(2) All sentences of imprisonment for Class IA, IB, IC, ID, II, and III felonies and sentences of
one year or more for Class IIIA and IV felonies shall be served in institutions under the
jurisdiction of the Department of Correctional Services. Sentences of less than one year shall be
served in the county jail except as provided in this subsection. If the department certifies that it
has programs and facilities available for persons sentenced to terms of less than one year, the
court may order that any sentence of six months or more be served in any institution under the
jurisdiction of the department. Any such certification shall be given by the department to the
State Court Administrator, who shall forward copies thereof to each judge having jurisdiction to
sentence in felony cases.
(3) Nothing in this section shall limit the authority granted in sections 29- 2221 and 29-2222 to
increase sentences for habitual criminals.
(4) A person convicted of a felony for which a mandatory minimum sentence is prescribed shall
not be eligible for probation.
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NEB. REV. STAT. § 28-106 (2009). Misdemeanors; classification of penalties; sentences;
where served.
the date of passage of the code, misdemeanors are divided into seven classes which are
distinguished from one another by the following penalties which are authorized upon conviction:
Class I misdemeanor
Maximum --not more than one year imprisonment, or one thousand dollars fine, or both
Minim um –none
Class II misdemeanor
Maximum --six months imprisonment, or one thousand dollars fine, or both
Minim um –none
Class III misdemeanor

Maximum --three months imprisonment, or five hundred dollars fine, or both
Minim um –none
Class IIIA misdemeanor

Maximum --seven days imprisonment, five hundred dollars fine, or both
Minim um –none
Class IV misdemeanor ....... Maximum --no imprisonment, five hundred dollars

fine
Minimum --one hundred dollars fine
Class V misdemeanor ........ Maximum --no imprisonment, one hundred dollars
fine
Minimum --none
Class W misdemeanor ........ Driving under the influence or implied consent
First conviction
Maximum --sixty days imprisonment and five hundred
dollars fine
Mandatory minimum --seven days imprisonment and
four hundred dollars fine
Second conviction
Maximum --six months imprisonment and five hundred
dollars fine
Mandatory minimum --thirty days imprisonment and
five hundred dollars fine
Third conviction
Maximum --one year imprisonment and six hundred
dollars fine
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Mandatory minimum --ninety days imprisonment and
six hundred dollars fine
(2) Sentences of imprisonment in misdemeanor cases shall be served in the county jail, except
that in the following circumstances the court may, in its discretion, order that such sentences be
served in institutions under the jurisdiction of the Department of Correctional Services:
(a) If the sentence is for a term of one year upon conviction of a Class I misdemeanor;
(b) If the sentence is to be served concurrently or consecutively with a term for

conviction of a felony; or
(c) If the Department of Correctional Services has certified as provided in section 28-105
as to the availability of facilities and programs for short-term prisoners and the sentence
is for a term of six months or more.
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. § 28-1005 (2009). 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.
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(2) Any person violating subsection (1) of this section shall be guilty of a Class IV felony.
(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.

year.
judgment.
NEB. REV. STAT. § 28-1007 (2009). Sections, how construed.
Sections 28-1004 to 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.
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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;
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(12) 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
(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. § 28-1009 (2009). Abandonment; cruelty; 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. § 28-1010 (2009). 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.
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NEB. REV. STAT. § 28-1011 (2009). Violations; liability for expenses.
(1) In addition to any other sentence given for a violation of section 28-1009 or 28-1010, the
sentencing court may order the defendant to reimburse a public or private agency for expenses
incurred in conjunction with the care, impoundment, or disposal of an animal involved in the
violation of such section. Whenever the court believes that such reimbursement may be a proper
sentence or the prosecuting attorney requests, the court shall order that the presentence
judgment.
(2) Even if reimbursement for expenses is not ordered under subsection (1) of this section, the
defendant shall be liable for all expenses incurred by a public or private agency in conjunction
with the care, impoundment, or disposal of an animal. The expenses shall be a lien upon the
animal.
is being cruelly neglected or cruelly mistreated may seek a warrant authorizing entry upon
sections 29-422 to 29-429.
year.
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NEB. REV. STAT. § 28-1013 (2009). Sections; exemptions.
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;
(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.
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NEB. REV. STAT. § 28-1015 (2009). 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. § 28-1016 (2009). Game and Parks Commission; Game Law; sections, how
construed.
Nothing in sections 28-1008 to 28-1017, 28-1019, and 28-1020 shall be construed as amending
or changing the authority of the Game and Parks Commission as established in the Game Law or
to prohibit any conduct authorized or permitted by such law.
mistreatment; report required by certain employees; violation; penalty.
(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.
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.
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(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 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. § 28-1019 (2009). Conviction; order prohibiting ownership, possession, or
residing with animal; duration; violation; penalty; seizure of animal.
(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.
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(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.
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.
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.
NEB. REV. STAT. § 29-2407 (2009). Judgments for fines, costs, and forfeited recognizances;
lien; exemptions; duration.
Judgments for fines and costs in criminal cases shall be a lien upon all the property of the
defendant within the county from the time of docketing the case by the clerk of the proper court,
and judgments upon forfeited recognizance shall be a like lien from the time of forfeiture. No
property of any convict shall be exempt from execution issued upon any such judgment as set
out in this section against such convict except in cases when the convict is sentenced to a
Department of Correctional Services adult correctional facility for a period of more than two
years or to suffer death, in which cases there shall be the same exemptions as at the time may be
provided by law for civil cases. The lien on real estate of any such judgment for costs shall
terminate as provided in section 25-1716.
NEB. REV. STAT. § 29-820 (2009). Seized property; disposition.
(1) Unless other disposition is specifically provided by law, when property seized or held is no
longer required as evidence, it shall be disposed of by the law enforcement agency on such
showing as the law enforcement agency may deem adequate, as follows:
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(a) Property stolen, embezzled, obtained by false pretenses, or otherwise obtained
unlawfully from the rightful owner thereof shall be restored to the owner;
(b) Money shall be restored to the owner unless it was used in unlawful gambling or
lotteries or it was used or intended to be used to facilitate a violation of Chapter 28,
article 4, in which case the money shall be forfeited and disposed of as required by
Article VII, section 7, of the Constitution of Nebraska;
(c) Property which is unclaimed or the ownership of which is unknown shall be sold at a
public auction held by the officer having custody thereof and the net proceeds disposed
of as provided in subdivision (b) of this subsection, as shall any money which is
unclaimed or the ownership of which is unknown;
(d) Except as provided in subdivision (2)(b) of this section, articles of contraband shall be
destroyed; and
(e) Except as provided in subdivision (2)(a) of this section, firearms, ammunition,

explosives, bombs, and like devices which have been used in the commission of crime
shall be destroyed.
(2) When the following property is seized or held and is no longer required as evidence, such
property shall be disposed of on order of the court as the court may deem adequate:
(a) Firearms which may have a lawful use; and
(b) Goods which are declared to be contraband but may reasonably be returned to a
condition or state in which such goods may be lawfully used, possessed, or distributed by
the public.
(3) When any animal as defined by section 28-1008 is seized or held and is no longer required as
evidence, such animal may be disposed of in such manner as the court may direct. The court may
year.
(4) Unless otherwise provided by law, all other property shall be disposed of in such manner as
the court in its sound discretion shall direct.
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ANIMAL PROTECTION LAWS OF NEVADA
ANIMAL PROTECTION LAWS OF NEVADA
2. PENALTIES
3. EXEMPTIONS
12. SEXUAL ASSAULT
13. FIGHTING
This chapter contains Nevada’s general animal protection and related statutes enacted prior to November 2009. It
Nevada may employ similar provisions within other non-animal-specific criminal and civil statutes; may have other more

USA Map
NEVADA

Maiming, poisoning, or killing another
person=s animal
NEV. REV. STAT. § 206.150(1)
(2)
Willful and malicious killing of livestock
without authority
NEV. REV. STAT. § 206.150(2)
(3)
Cruelty, neglect and abandonment of animals
NEV. REV. STAT. § 574.100
(4)
Abandonment of a disabled animal
(5)
Failure to provide food and water to
impounded animals
(6)
Poisoning a horse, mule, or domestic cattle
NEV. REV. STAT. § 574.150(1)
(7)
Poisoning other animals
NEV. REV. STAT. § 574.150(2)
(8)
Carrying animal in a cruel manner
(9)
Leaving dog or cat unattended in a vehicle
during extreme heat or cold
NV-3
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NEVADA continued
Animals Covered in Definition A>Animal= does not include the human race,
but includes every other living creature.@

D felony
----------
(2), (6)
C felony
----------
(3)
[1st & 2nd offenses]:
Misdemeanor

C felony
----------
(4), (5), (8), (9)

Misdemeanor
----------
(7)
Gross misdemeanor

4 years prison
and
$10,000 fine
NEV. REV. STAT. § 193.130(2)(d)
NEV. REV. STAT. § 206.150(1)
NV-4
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NEVADA continued
2. MAXIMUM PENALTIES ** continued (2), (6)

5 years prison
and
$10,000 fine
NEV. REV. STAT. § 193.130(2)(c)
----------
(3)
(1st offense): 6 months county jail
and
and
$1000 fine
and
Restitution
NEV. REV. STAT. §§ 574.100(5)(a),(6)
(2nd offense): 6 months county jail

and
and
$1000 fine
and
Restitution
NEV. REV. STAT. §§ 574.100(5)(b),(6)
(3rd and subsequent offenses): 5 years prison

and
$10,000 fine
NEV. REV. STAT. § 193.130(2)(c)
and
Restitution
NEV. REV. STAT. § 574.100(6)
NV-5
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NEVADA continued
2. MAXIMUM PENALTIES ** continued (4), (5), (8), (9)

and/or
$1,000 fine
or
Community service
----------
(7)
1 year county jail
and/or
$2,000 fine
3. EXEMPTIONS *** 4
NEV. REV. STAT. § 574.055(6)
4, 7, 9
NEV. REV. STAT. § 574.100(4),(8)
9
NEV. REV. STAT. § 574.150(3)
3, 9
2, 3, 4, 5, 9
5. PROTECTIVE ORDERS H NEV. REV. STAT. §§ 33.018, 33.030
NV-6
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NEVADA continued
6. RESTITUTION / REIMBURSEMENT Costs of care is a lien upon the animal

H
NEV. REV. STAT. § 574.055(3),(7)
Upon conviction for cruelty, neglect or

abandonment of animals, improper restraint
of a dog, or keeping a dog in an improperly-
sized pen, the court shall order restitution for
costs of care and impoundment
NEV. REV. STAT. § 574.100(6)
Expenses incurred in taking care of an animal

who was in the charge of an arrested person
shall be charged to the defendant
NEV. REV. STAT. § 574.110(3)
Upon conviction for neglecting impounded or

confined animal, defendant shall be ordered
to pay restitution for all costs of care and
impoundment of mistreated animal
NEV. REV. STAT. § 574.120(2)
Person who aids impounded animals may

collect costs of care
NEV. REV. STAT. § 574.120(4)
Court shall order restitution upon conviction

for poisoning animals
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NEVADA continued
7. SEIZURE / ON-SITE SUPERVISION Authorized agents shall seize cruelly treated

animals and give notice of such seizure
NEV. REV. STAT. §§ 574.055(1), (2)
An officer who seizes a cruelly treated animal

is not liable for any action arising out of the
taking or humane destruction of the animal
NEV. REV. STAT. § 574.055(5)
Special seizure procedure for animals on

agricultural lands
NEV. REV. STAT. § 574.055(6)
Peace officers or authorized agents may take

charge of an animal who is in the charge of
an arrested person
NEV. REV. STAT. § 574.110(3)
8. FORFEITURE / POSSESSION H Upon conviction, court may order forfeiture

of mistreated animal
NEV. REV. STAT. § 574.100(7)
11. LAW ENFORCEMENT POLICIES All specially authorized humane society

members, agents, and officers may make
arrests
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NEVADA continued
13. FIGHTING Certain acts concerning place kept for animal

fighting are gross misdemeanors on first
offense, E felonies on second offense and D
felonies on third or subsequent offenses
Various non-dog animal fighting activities are

gross misdemeanors or misdemeanors on first
offense and E and D felonies on subsequent
offenses
Various dogfighting activities are D felonies

on first offense, C felonies on second offense,
and B felonies on third or subsequent offense
Office may take possession of animals and

implements used in animal fights
Upon conviction for animal fighting, seized

animals, implements and other property shall
be forfeited
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NEV. REV. STAT. § 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 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. § 574.050 (2009). Definitions
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.
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NEV. REV. STAT. § 574.100 (2009). Overdriving, torturing, injuring or abandoning animals;
failure to provide proper sustenance; penalty.
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. 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) Using a tether, chain, tie, trolley or pulley system or other device that:
(1) Is less than 12 feet in length;
(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
(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;
(b) Using a prong, pinch or choke collar or similar restraint; or
(c) For more than 14 hours during a 24-hour period.
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.
4. The provisions of subsections 2 and 3 do not apply to a dog that is:

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(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;
(b) Being used lawfully to hunt a species of wildlife in this State during the hunting
season for that species;
(c) Receiving training to hunt a species of wildlife in this State;
(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;
(e) Being kept in a shelter or boarding facility or temporarily in a camping area;
(f) Temporarily being cared for as part of a rescue operation or in any other manner in
conjunction with a bona fide nonprofit organization formed for animal welfare purposes;
(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
(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.
5. A person who violates subsection 1, 2 or 3:
(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
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(1) Imprisonment in the city or county jail or detention facility for not less than 10
days, but not more than 6 months; and
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.
6. In addition to any other fine or penalty provided in subsection 5,a court shall order a person
convicted of violating subsection 1, 2 or 3 to pay restitution for all costs associated with the care
and impoundment of any mistreated animal under subsection 1, 2 or 3, including, without
limitation, money expended for veterinary treatment, feed and housing.
7. The court may order the person convicted of violating subsection 1, 2 or 3 to surrender
ownership or possession of the mistreated animal.
8. 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. § 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.
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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. § 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:
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.
service.
$1,000.
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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. § 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. § 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.
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NEV. REV. STAT. § 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.
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:
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(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
(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.
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2. PENALTIES
NEV. REV. STAT. § 193.130 (2009). Categories and punishment of felonies.
1. Except when a person is convicted of a category A felony, and except as otherwise provided
by specific statute, a person convicted of a felony shall be sentenced to a minimum term and a
maximum term of imprisonment which must be within the limits prescribed by the applicable
statute, unless the statute in force at the time of commission of the felony prescribed a different
penalty. The minimum term of imprisonment that may be imposed must not exceed 40 percent of
the maximum term imposed.
2. Except as otherwise provided by specific statute, for each felony committed on or after July 1,
1995:
(a) A category A felony is a felony for which a sentence of death or imprisonment in the
state prison for life with or without the possibility of parole may be imposed, as provided
by specific statute.
(b) A category B felony is a felony for which the minimum term of imprisonment in the
state prison that may be imposed is not less than 1 year and the maximum term of
imprisonment that may be imposed is not more than 20 years, as provided by specific
statute.
(c) A category C felony is a felony for which a court shall sentence a convicted person to
imprisonment in the state prison for a minimum term of not less than 1 year and a
maximum term of not more than 5 years. In addition to any other penalty, the court may
impose a fine of not more than $10,000, unless a greater fine is authorized or required by
statute.
(d) A category D felony is a felony for which a court shall sentence a convicted person to
statute.
(e) A category E felony is a felony for which a court shall sentence a convicted person to
imprisonment in the state prison for a minimum term of 1 year and a maximum term of 4
years. Except as otherwise provided in paragraph (b) of subsection 1 of NRS 176A.100,
upon sentencing a person who is found guilty of a category E felony, the court shall
suspend the execution of the sentence and grant probation to the person upon such
conditions as the court deems appropriate. In addition to any other penalty, the court may
impose a fine of not more than $5,000, unless a greater penalty is authorized or required
by statute.
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NEV. REV. STAT. § 193.140 (2009). Punishment of gross misdemeanors.
Every person convicted of a gross misdemeanor shall be punished by imprisonment in the county
jail for not more than 1 year, or by a fine of not more than $2,000, or by both fine and
imprisonment, unless the statute in force at the time of commission of such gross misdemeanor
prescribed a different penalty.
NEV. REV. STAT. § 193.150 (2009). Punishment of misdemeanors.
1. Every person convicted of a misdemeanor shall be punished by imprisonment in the county

jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and
imprisonment, unless the statute in force at the time of commission of such misdemeanor
2. In lieu of all or a part of the punishment which may be imposed pursuant to subsection 1, the
convicted person may be sentenced to perform a fixed period of community service pursuant to
the conditions prescribed in NRS 176.087.


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(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;

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3. EXEMPTIONS
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 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.
575.020.
NEV. REV. STAT. § 574.055 (2009). Taking possession of animal being treated cruelly; notice
to owner; lien for cost of care; disposition of animal; liability of officer; limitations and
procedure when animal on agricultural land.
1. Any peace officer or officer of a society for the prevention of cruelty to animals who is
authorized to make arrests pursuant to NRS 574.040 shall, upon discovering any animal which is
being treated cruelly, take possession of it and provide it with shelter and care or, upon obtaining
written permission from the owner of the animal, may destroy it in a humane manner.
2. If an officer takes possession of an animal, he shall give to the owner, if the owner can be
found, a notice containing a written statement of the reasons for the taking, the location where
the animal will be cared for and sheltered, and the fact that there is a limited lien on the animal
for the cost of shelter and care. If the owner is not present at the taking and the officer cannot
find the owner after a reasonable search, he shall post the notice on the property from which he
takes the animal. If the identity and address of the owner are later determined, the notice must be
mailed to the owner immediately after the determination is made.
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3. An officer who takes possession of an animal pursuant to this section has a lien on the animal
for the reasonable cost of care and shelter furnished to the animal and, if applicable, for its
humane destruction. The lien does not extend to the cost of care and shelter for more than 2
weeks.
4. Upon proof that the owner has been notified in accordance with the provisions of subsection 2
or, if he has not been found or identified, that the required notice has been posted on the property
where the animal was found, a court of competent jurisdiction may, after providing an
opportunity for a hearing, order the animal sold at auction, humanely destroyed or continued in
the care of the officer for such disposition as the officer sees fit.
5. An officer who seizes an animal pursuant to this section is not liable for any action arising out
of the taking or humane destruction of the animal.
6. The provisions of this section do not apply to any animal which is located on land being
employed for an agricultural use as defined in NRS 361A.030 unless the owner of the animal or
the person charged with the care of the animal is in violation of paragraph (b) of subsection 1 of
NRS 574.100 and the impoundment is accomplished with the concurrence and supervision of the
sheriff or his designee, a licensed veterinarian and the district brand inspector or his designee.
In such a case, the sheriff shall direct that the impoundment occur not later than 48 hours after
the veterinarian determines that a violation of paragraph (b) of subsection 1 of NRS 574.100
exists.
7. The owner of an animal impounded in accordance with the provisions of subsection 6 must,
before the animal is released to his custody, pay the charges approved by the sheriff as
reasonably related to the impoundment, including the charges for the animal's food and water. If
the owner is unable or refuses to pay the charges, the state department of agriculture shall sell the
animal. The department shall pay to the owner the proceeds of the sale remaining after deducting
the charges reasonably related to the impoundment.


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(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;

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penalties

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.
2. Any:
(a) Peace officer;
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NEV. REV. STAT. § 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.
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NEV. REV. STAT. § 33.018 (2009). Acts which constitute domestic violence
1. Domestic violence occurs when a person commits one of the following acts against or upon
his spouse, former spouse, any other person to whom he is related by blood or marriage, a person
with whom he is or was actually residing, a person with whom he has had or is having a dating
relationship, a person with whom he has a child in common, the minor child of any of those
persons, his minor child or any person who has been appointed the custodian or legal guardian
for his minor child:
(a) A battery.
(b) An assault.
(c) Compelling the other by force or threat of force to perform an act from which he has
the right to refrain or to refrain from an act which he has the right to perform.
(d) A sexual assault.
(e) A knowing, purposeful or reckless course of conduct intended to harass the other.
Such conduct may include, but is not limited to:
(1) Stalking.
(2) Arson.
(3) Trespassing.
(4) Larceny.
(5) Destruction of private property.
(6) Carrying a concealed weapon without a permit.
(7) Injuring or killing an animal.
(f) A false imprisonment.
(g) Unlawful entry of the other's residence, or forcible entry against the other's will if
there is a reasonably foreseeable risk of harm to the other from the entry.
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2. As used in this section, "dating relationship" means frequent, intimate associations primarily
characterized by the expectation of affectional or sexual involvement. The term does not include
a casual relationship or an ordinary association between persons in a business or social context.
NEV. REV. STAT. § 33.030 (2009). Contents of order; interlocutory appeal

1. The court by a temporary order may:
(a) Enjoin the adverse party from threatening, physically injuring or harassing the
applicant or minor child, either directly or through an agent;
(b) Exclude the adverse party from the applicant's place of residence;
(c) Prohibit the adverse party from entering the residence, school or place of employment
of the applicant or minor child and order him to stay away from any specified place
frequented regularly by them;
(d) If it has jurisdiction under chapter 125A of NRS, grant temporary custody of the
minor child to the applicant;
(e) Enjoin the adverse party from physically injuring, threatening to injure or taking
possession of any animal that is owned or kept by the applicant or minor child, either
directly or through an agent;
(f) Enjoin the adverse party from physically injuring or threatening to injure any animal
that is owned or kept by the adverse party, either directly or through an agent; and
(g) Order such other relief as it deems necessary in an emergency situation.
2. The court by an extended order may grant any relief enumerated in subsection 1 and:
(a) Specify arrangements for visitation of the minor child by the adverse party and
require supervision of that visitation by a third party if necessary;
(b) Specify arrangements for the possession and care of any animal owned or kept by the
adverse party, applicant or minor child; and
(c) Order the adverse party to:
(1) Avoid or limit communication with the applicant or minor child;
(2) Pay rent or make payments on a mortgage on the applicant's place of

residence;
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(3) Pay for the support of the applicant or minor child, including, without
limitation, support of a minor child for whom a guardian has been appointed
pursuant to chapter 159 of NRS or a minor child who has been placed in
protective custody pursuant to chapter 432B of NRS, if he is found to have a duty
to support the applicant or minor child;
(4) Pay all costs and fees incurred by the applicant in bringing the action; and
(5) Pay monetary compensation to the applicant for lost earnings and expenses
incurred as a result of the applicant attending any hearing concerning an
application for an extended order.
3. If an extended order is issued by a justice court, an interlocutory appeal lies to the district
court, which may affirm, modify or vacate the order in question. The appeal may be taken
without bond, but its taking does not stay the effect or enforcement of the order.
4. A temporary or extended order must specify, as applicable, the county and city, if any, in
which the residence, school, child care facility or other provider of child care, and place of
employment of the applicant or minor child are located.
5. A temporary or extended order must provide notice that a person who is arrested for violating
the order will not be admitted to bail sooner than 12 hours after his arrest if:
(a) The arresting officer determines that such a violation is accompanied by a direct or
indirect threat of harm;
(b) The person has previously violated a temporary or extended order for protection; or
(c) At the time of the violation or within 2 hours after the violation, the person has:
(1) A concentration of alcohol of 0.08 or more in his blood or breath; or
(2) An amount of a prohibited substance in his blood or urine that is equal to or

greater than the amount set forth in subsection 3 of NRS 484.379.
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weeks.
sheriff or his designee, a licensed veterinarian and the district brand inspector or his designee. In
such a case, the sheriff shall direct that the impoundment occur not later than 48 hours after the
veterinarian determines that a violation of paragraph (b) of subsection 1 of NRS 574.100 exists.
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the owner is unable or refuses to pay the charges, the state department of agriculture shall sell
the animal. The department shall pay to the owner the proceeds of the sale remaining after
deducting the charges reasonably related to the impoundment.



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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
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charge thereon.
and water.
service.
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service.
$1,000.

penalties

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being treated cruelly, take possession of it and provide it with shelter and care or, upon
obtaining written permission from the owner of the animal, may destroy it in a humane manner.
takes the animal. If the identity and address of the owner are later determined, the notice must
be mailed to the owner immediately after the determination is made.
weeks.
sheriff or his designee, a licensed veterinarian and the district brand inspector or his designee.
In such a case, the sheriff shall direct that the impoundment occur not later than 48 hours after
the veterinarian determines that a violation of paragraph (b) of subsection 1 of NRS 574.100
exists.
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charge thereon.
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NEV. REV. STAT. § 574.040 (2009). Arrests by members, agents and officers of certain
societies: Application; submission of fingerprints; exhibition of badge; resistance to officers
unlawful
1. Except as otherwise provided in this subsection and NRS 574.350, a member, agent or local
or district officer of a society so incorporating, if authorized in writing by the trustees of the
society, approved by the district judge of the county, and sworn in the same manner as peace
officers are sworn, may make arrests for a violation of the provisions of this chapter in the same
manner as is provided for other officers. The provisions of this subsection apply only to a society
that, on the date the society submits an application to the district judge for approval for a
member, agent or local or district officer of the society to make arrests pursuant to this
subsection:
(a) Has at least 25 members; and
(b) Has been incorporated in accordance with NRS 574.010 for not less than 5 years
immediately preceding the submission of the application.
2. Before submitting an application specified in subsection 1, the society shall require that each
member, agent or local or district officer of the society to whom the application relates submit to
the society a complete set of his fingerprints which the society shall submit to the sheriff of the
county.
3. The sheriff shall:
(a) Upon receipt of the fingerprints, forward the fingerprints to the Central Repository
for Nevada Records of Criminal History for submission to the Federal Bureau of
Investigation for a report concerning the criminal history of the member, agent or local
or district officer of the society.
(b) Upon receipt of the report, forward the report to the society. The society shall include
the report in the application submitted pursuant to subsection 1.
4. A member, agent or local or district officer who is authorized to make arrests pursuant to
subsection 1 shall, when making those arrests, exhibit and expose a suitable badge, to be
adopted by the society.
5. A person who resists such a specially appointed officer shall be punished for that resistance in
the same manner as is provided for the punishment of resistance to other officers.
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12. SEXUAL ASSAULT
-----
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13. FIGHTING
NEV. REV. STAT. § 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.
(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. § 574.070 (2009). Instigating or witnessing fights between birds or other
animals unlawful; penalties; exceptions
1. Except as otherwise provided in this section, a person shall not begin, cause, 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 animals in an exhibition or for amusement or
gain which is premeditated by a person owning or having custody of the animals
(a) Own, possess, keep, train, promote or purchase an animal with the intent to use it to
fight another animal; or
(b) Sell an animal knowing that it is intended to be used to fight another animal.
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3. A person shall not knowingly witness any fight between animals in an exhibition or for
amusement or gain.
4. Except as otherwise provided in subsection 7, a person who violates any provision of

subsection 1 is guilty of:
(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.
193.130.
(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
7. 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
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maximum term of not more than 6 years.
8. If a person who violates this section is not a natural person, he shall be punished by a fine of
9. 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. § 574.080 (2009). Officer may take possession of animals and implements
used in fights among animals
1. Any officer authorized by law to make arrests may lawfully take possession of any animals, or
implements, or other property used or employed, or about to be used or employed, in the
violation of any provision of law relating to fights among animals.
2. He shall state to the person in charge thereof, at the time of such taking, his name and
residence, and also the time and place at which the application provided for by NRS 574.090
will be made.
NEV. REV. STAT. § 574.090 (2009). Disposition of animals or implements used in fights
among animals
1. The officer, after taking possession of such animals, or implements or other property,
pursuant to NRS 574.080, shall apply to the magistrate, before whom the complaint is made
against the offender violating such provision of law, for the order mentioned in subsection 2, and
shall make and file an affidavit with such magistrate, stating therein:
(a) The name of the offender charged in such complaint.
(b) The time, place and description of the animals, implements or other property so
taken, together with the name of the person who claims the same, if known.
(c) That the affiant has reason to believe and does believe, stating the grounds of such
belief, that the same were used or employed, or were about to be used or employed, in
such violation, and will establish the truth thereof upon the trial of such offender.
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2. He shall then deliver such animals, implements or other property to such magistrate, who
shall thereupon, by order in writing, place the same in the custody of an officer or other proper
person in such order named and designated, to be kept by him until the trial or final discharge of
the offender, and shall send a copy of such order, without delay, to the district attorney of the
county.
3. The officer or person so named and designated in the order shall immediately thereupon
assume custody, and shall retain the same for the purpose of evidence upon the trial, subject to
the order of the court before which the offender may be required to appear, until his final
discharge or conviction.
4. Upon the conviction of the offender, the animals, implements or other property shall be
adjudged by the court to be forfeited.
5. In the event of the acquittal or final discharge, without conviction, of the offender, the court
shall, on demand, direct the delivery of the property so held in custody to the owner thereof.
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NEV. REV. STAT. § 33.018 (2009). Acts which constitute domestic violence
1. Domestic violence occurs when a person commits one of the following acts against or upon
his spouse, former spouse, any other person to whom he is related by blood or marriage, a person
with whom he is or was actually residing, a person with whom he has had or is having a dating
relationship, a person with whom he has a child in common, the minor child of any of those
persons, his minor child or any person who has been appointed the custodian or legal guardian
for his minor child:
(a) A battery.
(b) An assault.
(c) Compelling the other by force or threat of force to perform an act from which he has
the right to refrain or to refrain from an act which he has the right to perform.
(d) A sexual assault.
(e) A knowing, purposeful or reckless course of conduct intended to harass the other.
Such conduct may include, but is not limited to:
(1) Stalking.
(2) Arson.
(3) Trespassing.
(4) Larceny.
(5) Destruction of private property.
(6) Carrying a concealed weapon without a permit.
(7) Injuring or killing an animal.
(f) A false imprisonment.
(g) Unlawful entry of the other's residence, or forcible entry against the other's will if
there is a reasonably foreseeable risk of harm to the other from the entry.
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2. As used in this section, "dating relationship" means frequent, intimate associations primarily
characterized by the expectation of affectional or sexual involvement. The term does not include
a casual relationship or an ordinary association between persons in a business or social context.
NEV. REV. STAT. § 33.030 (2009). Contents of order; interlocutory appeal

1. The court by a temporary order may:
(a) Enjoin the adverse party from threatening, physically injuring or harassing the
applicant or minor child, either directly or through an agent;
(b) Exclude the adverse party from the applicant's place of residence;
(c) Prohibit the adverse party from entering the residence, school or place of employment
of the applicant or minor child and order him to stay away from any specified place
frequented regularly by them;
(d) If it has jurisdiction under chapter 125A of NRS, grant temporary custody of the
minor child to the applicant;
(e) Enjoin the adverse party from physically injuring, threatening to injure or taking
possession of any animal that is owned or kept by the applicant or minor child, either
directly or through an agent;
(f) Enjoin the adverse party from physically injuring or threatening to injure any animal
that is owned or kept by the adverse party, either directly or through an agent; and
(g) Order such other relief as it deems necessary in an emergency situation.
2. The court by an extended order may grant any relief enumerated in subsection 1 and:
(a) Specify arrangements for visitation of the minor child by the adverse party and
require supervision of that visitation by a third party if necessary;
(b) Specify arrangements for the possession and care of any animal owned or kept by the
adverse party, applicant or minor child; and
(c) Order the adverse party to:
(1) Avoid or limit communication with the applicant or minor child;
(2) Pay rent or make payments on a mortgage on the applicant's place of

residence;
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(3) Pay for the support of the applicant or minor child, including, without
limitation, support of a minor child for whom a guardian has been appointed
pursuant to chapter 159 of NRS or a minor child who has been placed in
protective custody pursuant to chapter 432B of NRS, if he is found to have a duty
to support the applicant or minor child;
(4) Pay all costs and fees incurred by the applicant in bringing the action; and
(5) Pay monetary compensation to the applicant for lost earnings and expenses
incurred as a result of the applicant attending any hearing concerning an
application for an extended order.
3. If an extended order is issued by a justice court, an interlocutory appeal lies to the district
court, which may affirm, modify or vacate the order in question. The appeal may be taken
without bond, but its taking does not stay the effect or enforcement of the order.
4. A temporary or extended order must specify, as applicable, the county and city, if any, in
which the residence, school, child care facility or other provider of child care, and place of
employment of the applicant or minor child are located.
5. A temporary or extended order must provide notice that a person who is arrested for violating
the order will not be admitted to bail sooner than 12 hours after his arrest if:
(a) The arresting officer determines that such a violation is accompanied by a direct or
indirect threat of harm;
(b) The person has previously violated a temporary or extended order for protection; or
(c) At the time of the violation or within 2 hours after the violation, the person has:
(1) A concentration of alcohol of 0.08 or more in his blood or breath; or
(2) An amount of a prohibited substance in his blood or urine that is equal to or

greater than the amount set forth in subsection 3 of NRS 484.379.
NEV. REV. STAT. § 193.130 (2009). Categories and punishment of felonies.
1. Except when a person is convicted of a category A felony, and except as otherwise provided
by specific statute, a person convicted of a felony shall be sentenced to a minimum term and a
maximum term of imprisonment which must be within the limits prescribed by the applicable
statute, unless the statute in force at the time of commission of the felony prescribed a different
penalty. The minimum term of imprisonment that may be imposed must not exceed 40 percent of
the maximum term imposed.
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2. Except as otherwise provided by specific statute, for each felony committed on or after July 1,
1995:
(a) A category A felony is a felony for which a sentence of death or imprisonment in the
state prison for life with or without the possibility of parole may be imposed, as provided
by specific statute.
(b) A category B felony is a felony for which the minimum term of imprisonment in the
state prison that may be imposed is not less than 1 year and the maximum term of
imprisonment that may be imposed is not more than 20 years, as provided by specific
statute.
(c) A category C felony is a felony for which a court shall sentence a convicted person to
statute.
(d) A category D felony is a felony for which a court shall sentence a convicted person to
statute.
(e) A category E felony is a felony for which a court shall sentence a convicted person to
imprisonment in the state prison for a minimum term of 1 year and a maximum term of 4
years. Except as otherwise provided in paragraph (b) of subsection 1 of NRS 176A.100,
upon sentencing a person who is found guilty of a category E felony, the court shall
suspend the execution of the sentence and grant probation to the person upon such
conditions as the court deems appropriate. In addition to any other penalty, the court may
impose a fine of not more than $5,000, unless a greater penalty is authorized or required
by statute.
NEV. REV. STAT. § 193.140 (2009). Punishment of gross misdemeanors.
Every person convicted of a gross misdemeanor shall be punished by imprisonment in the county
jail for not more than 1 year, or by a fine of not more than $2,000, or by both fine and
imprisonment, unless the statute in force at the time of commission of such gross misdemeanor
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NEV. REV. STAT. § 193.150 (2009). Punishment of misdemeanors.
1. Every person convicted of a misdemeanor shall be punished by imprisonment in the county

jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and
imprisonment, unless the statute in force at the time of commission of such misdemeanor
2. In lieu of all or a part of the punishment which may be imposed pursuant to subsection 1, the
convicted person may be sentenced to perform a fixed period of community service pursuant to
the conditions prescribed in NRS 176.087.
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 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.
575.020.
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NEV. REV. STAT. § 574.040 (2009). Arrests by members, agents and officers of certain
societies: Application; submission of fingerprints; exhibition of badge; resistance to officers
unlawful
1. Except as otherwise provided in this subsection and NRS 574.350, a member, agent or local or
district officer of a society so incorporating, if authorized in writing by the trustees of the
society, approved by the district judge of the county, and sworn in the same manner as peace
officers are sworn, may make arrests for a violation of the provisions of this chapter in the same
manner as is provided for other officers. The provisions of this subsection apply only to a society
that, on the date the society submits an application to the district judge for approval for a
member, agent or local or district officer of the society to make arrests pursuant to this
subsection:
(a) Has at least 25 members; and
(b) Has been incorporated in accordance with NRS 574.010 for not less than 5 years
immediately preceding the submission of the application.
2. Before submitting an application specified in subsection 1, the society shall require that each
member, agent or local or district officer of the society to whom the application relates submit to
the society a complete set of his fingerprints which the society shall submit to the sheriff of the
county.
3. The sheriff shall:
(a) Upon receipt of the fingerprints, forward the fingerprints to the Central Repository for
Nevada Records of Criminal History for submission to the Federal Bureau of
Investigation for a report concerning the criminal history of the member, agent or local or
district officer of the society.
(b) Upon receipt of the report, forward the report to the society. The society shall include
the report in the application submitted pursuant to subsection 1.
4. A member, agent or local or district officer who is authorized to make arrests pursuant to
subsection 1 shall, when making those arrests, exhibit and expose a suitable badge, to be adopted
by the society.
5. A person who resists such a specially appointed officer shall be punished for that resistance in
the same manner as is provided for the punishment of resistance to other officers.
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NEV. REV. STAT. § 574.050 (2009). Definitions
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
weeks.
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sheriff or his designee, a licensed veterinarian and the district brand inspector or his designee. In
such a case, the sheriff shall direct that the impoundment occur not later than 48 hours after the
veterinarian determines that a violation of paragraph (b) of subsection 1 of NRS 574.100 exists.
NEV. REV. STAT. § 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.
(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.
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NEV. REV. STAT. § 574.070 (2009). Instigating or witnessing fights between birds or other
animals unlawful; penalties; exceptions
1. Except as otherwise provided in this section, a person shall not begin, cause, 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 animals in an exhibition or for amusement or gain
which is premeditated by a person owning or having custody of the animals
(a) Own, possess, keep, train, promote or purchase an animal with the intent to use it to
fight another animal; or
(b) Sell an animal knowing that it is intended to be used to fight another animal.
3. A person shall not knowingly witness any fight between animals in an exhibition or for
amusement or gain.
4. Except as otherwise provided in subsection 7, a person who violates any provision of

subsection 1 is guilty of:
193.130.
193.130.
(a) For a first offense, a misdemeanor.

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(b) For a second offense, a gross misdemeanor.
(c) For a third or subsequent offense, a category E felony and shall be punished as
7. 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
maximum term of not more than 6 years.
8. If a person who violates this section is not a natural person, he shall be punished by a fine of
9. 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. § 574.080 (2009). Officer may take possession of animals and implements
used in fights among animals
1. Any officer authorized by law to make arrests may lawfully take possession of any animals, or
violation of any provision of law relating to fights among animals.
2. He shall state to the person in charge thereof, at the time of such taking, his name and
residence, and also the time and place at which the application provided for by NRS 574.090 will
be made.
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NEV. REV. STAT. § 574.090 (2009). Disposition of animals or implements used in fights
among animals
1. The officer, after taking possession of such animals, or implements or other property, pursuant
to NRS 574.080, shall apply to the magistrate, before whom the complaint is made against the
offender violating such provision of law, for the order mentioned in subsection 2, and shall make
and file an affidavit with such magistrate, stating therein:
(a) The name of the offender charged in such complaint.
(b) The time, place and description of the animals, implements or other property so taken,
together with the name of the person who claims the same, if known.
(c) That the affiant has reason to believe and does believe, stating the grounds of such
belief, that the same were used or employed, or were about to be used or employed, in
such violation, and will establish the truth thereof upon the trial of such offender.
2. He shall then deliver such animals, implements or other property to such magistrate, who shall
thereupon, by order in writing, place the same in the custody of an officer or other proper person
in such order named and designated, to be kept by him until the trial or final discharge of the
offender, and shall send a copy of such order, without delay, to the district attorney of the
county.
3. The officer or person so named and designated in the order shall immediately thereupon
assume custody, and shall retain the same for the purpose of evidence upon the trial, subject to
the order of the court before which the offender may be required to appear, until his final
discharge or conviction.
4. Upon the conviction of the offender, the animals, implements or other property shall be
adjudged by the court to be forfeited.
5. In the event of the acquittal or final discharge, without conviction, of the offender, the court
shall, on demand, direct the delivery of the property so held in custody to the owner thereof.

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charge thereon.
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and water.
service.
service.
$1,000.
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penalties

NEV. REV. STAT. § 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.
2. Any:
(a) Peace officer;

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NEV. REV. STAT. § 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.
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ANIMAL PROTECTION LAWS OF NEW HAMPSHIRE
ANIMAL PROTECTION LAWS OF NEW HAMPSHIRE
2. PENALTIES
3. EXEMPTIONS
12. SEXUAL ASSAULT
13. FIGHTING
This chapter contains New Hampshire’s general animal protection and related statutes enacted prior to November 2009.
It begins with a detailed overview of the provisions contained in these laws, followed by the full text of the statutes
New Hampshire may employ similar provisions within other non-animal-specific criminal and civil statutes; may have

USA Map
NEW HAMPSHIRE

Cruelty to animals
N.H. REV. STAT. ANN. § 644:8
(2)
Causing serious harm to a confined animal
through exposure to extreme temperatures
N.H. REV. STAT. ANN. § 644:8-aa
Animals Covered in Definition A>[A]nimal= means a domestic animal, a

household pet or a wild animal in captivity@
N.H. REV. STAT. ANN. § 644:8(II)

[1st offense]:
Class A misdemeanor
[2nd and subsequent offenses; or 1st offense if

offender purposely beat, cruelly whipped,
tortured, or mutilated, or so caused]:
Class B felony
(2)
Class A misdemeanor
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NEW HAMPSHIRE continued

[1st offense]:
1 year imprisonment
N.H. REV. STAT. ANN. § 651:2(II)(c)
and/or
$2,000 fine
N.H. REV. STAT. ANN. § 651:2(IV)(a)
[2nd and subsequent offenses; or 1st offense if

offender purposely beat, cruelly whipped,
tortured, or mutilated, or so caused]:
N.H. REV. STAT. ANN. § 651:2(II)(b)
and/or
$4,000 fine
(2)
1 year imprisonment
N.H. REV. STAT. ANN. § 651:2(II)(c)
and/or
$2,000 fine
3. EXEMPTIONS *** 1, 9
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6. RESTITUTION / REIMBURSEMENT The costs of care and disposal of the animal

H
shall be borne by person convicted
If conviction is appealed, defendant must post

bond for costs of care
N.H. REV. STAT. ANN. § 644:8(IV)(b)
If court sentences offender to a conditional

discharge, restitution may be ordered
N.H. REV. STAT. ANN. § 651:2(VI)(a)(3)
7. SEIZURE / ON-SITE SUPERVISION Arresting officer may seize animals

Law enforcement, animal control, or humane

society agents may confiscate animals
without a court order if the animal is in
imminent danger; veterinarians are authorized
agents for domestic animals and livestock;
special requirements for animals at dog and
horse racing tracks
N.H. REV. STAT. ANN. § 644:8(IV-a)(a)-(c)
Law enforcement and humane agents may

rescue confined animals endangered by
extreme temperatures and are not liable for
reasonable damages
N.H. REV. STAT. ANN. § 644:8-aa
8. FORFEITURE / POSSESSION H Upon conviction, the court may dispose of

animals seized as it sees fit; the court may
also prohibit future animal ownership. Seized
but unclaimed animals may be humanely
disposed of after a certain number of days
N.H. REV. STAT. ANN. § 644:8(IV)
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10. VETERINARIAN REPORTING / IMMUNITY Immunity from civil actions

N.H. REV. STAT. ANN. § 332-B:16-a
Veterinarians protected from lawsuits for

their part in cruelty investigations
N.H. REV. STAT. ANN. § 644:8(V)
11. LAW ENFORCEMENT POLICIES Any person found violating animal cruelty
laws may be arrested without a warrant
State veterinarian has general charge of the

enforcement of the animal cruelty laws and,
upon request of law enforcement, shall assist
in a secondary capacity in enforcing them
Courts shall give cases in which animals have

been confiscated priority on the court
calendar
N.H. REV. STAT. ANN. § 644:8(IV)
13. FIGHTING Various animal fighting activities, including

being a spectator at animal fights are Class B
felonies. Animals may be seized, and costs of
their care shall be borne by offender upon
conviction. Court has discretion on
destroying animals upon conviction. Court
may prohibit offender from owning or
possessing certain animals
N.H. REV. STAT. ANN. § 644:8-a
Other Felony Provisions Affecting Animals I Killing law enforcement dog or horse is a
Class B felony
N.H. REV. STAT. ANN. § 644:8-d
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NOTES Special provisions relating to horses,

including seizure, liens, arrest powers and
special deputies. See N.H. REV. STAT. ANN.
§§ 105:14, 105:16, 105:18, 435:5.
N.H. REV. STAT. ANN. § 105:14 references §

441:4-a, which was recodified in 1985 as
435:5 (a provision about colts).
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N.H. REV. STAT. ANN. § 644:8 (2009). 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.
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.
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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
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.
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(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);
(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-aa (2009). 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.
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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.
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2. PENALTIES
N.H. REV. STAT. ANN. § 625:9 (2009). Classification of Crimes.
I. The provisions of this section govern the classification of every offense, whether defined
within this code or by any other statute.
II. Every offense is either a felony, misdemeanor or violation.
(a) Felonies and misdemeanors are crimes.
(b) A violation does not constitute a crime and conviction of a violation shall not give
rise to any disability or legal disadvantage based on conviction of a criminal offense.
III. A felony is murder or a crime so designated by statute within or outside this code or a crime
defined by statute outside of this code where the maximum penalty provided is imprisonment in
excess of one year; provided, however, that a crime defined by statute outside of this code is a
felony when committed by a corporation or an unincorporated association if the maximum fine
therein provided is more than $200.
(a) Felonies other than murder are either class A felonies or class B felonies when
committed by an individual. Felonies committed by a corporation or an unincorporated
association are unclassified.
(1) Class A felonies are crimes so designated by statute within or outside this
code and any crime defined by statute outside of this code for which the
maximum penalty, exclusive of fine, is imprisonment in excess of 7 years.
(2) Class B felonies are crimes so designated by statute within or outside this
code and any crime defined outside of this code for which the maximum penalty,
exclusive of fine, is imprisonment in excess of one year but not in excess of 7
years.
IV. Misdemeanors are either class A misdemeanors or class B misdemeanors when committed by
an individual. Misdemeanors committed by a corporation or an unincorporated association are
unclassified.
(a) A class A misdemeanor is:
(1) Any crime so designated by statute within or outside this code and any crime
defined outside of this code for which the maximum penalty, exclusive of fine, is
imprisonment not in excess of one year; or
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(2) Any crime designated within or outside this code as a misdemeanor, without
specification of the classification.
(b) A class B misdemeanor is any crime so designated by statute within or outside this
code and any crime defined outside of this code for which the maximum penalty does not
include any term of imprisonment or any fine in excess of the maximum provided for a
class B misdemeanor in RSA 651:2, IV(a).
V. A violation is an offense so designated by statute within or outside this code and, except as
provided in this paragraph, any offense defined outside of this code for which there is no other
penalty provided other than a fine or fine and forfeiture or other civil penalty. In the case of a
corporation or an unincorporated association, offenses defined outside of this code are violations
if the amount of any such fine provided does not exceed $50.
V-a. The violation of any requirement created by statute or by municipal regulation enacted
pursuant to an enabling statute, where the statute neither specifies the penalty or offense
classification, shall be deemed a violation, and the penalties to be imposed by the court shall be
those provided for a violation under RSA 651:2.
VI. Prior to or at the time of arraignment, the state may, in its discretion, charge any offense
designated a misdemeanor, as defined by paragraph IV, as a violation. At such time, the
prosecutor shall make an affirmative statement to the court as to whether he intends to proceed
under this paragraph. In such cases the penalties to be imposed by the court shall be those
provided for a violation under RSA 651:2. This paragraph shall not apply to any offense for
which a statute prescribes an enhanced penalty for a subsequent conviction of the same offense.
VII. The state may change any offense designated or defined as a class A misdemeanor as
defined by paragraph IV to a class B misdemeanor, so long as no element of the offense involves
an act of violence or threat of violence. For purposes of this paragraph, the term "act of violence"
means attempting to cause or purposely or recklessly causing bodily injury or serious bodily
injury with or without a deadly weapon; and the term "threat of violence" means placing or
attempting to place another in fear of imminent bodily injury either by physical menace or by
threats to commit a crime against the person of the other. The state may change an offense
pursuant to this paragraph if such change is in the interest of public safety and welfare and is not
inconsistent with the societal goals of deterrence and prevention of recidivism, as follows:
(a) In its own discretion prior to or at the time of arraignment in the district court;
(b) In its own discretion following an entry of appeal in the superior court or within 20
days thereafter;
(c) With the agreement of the person charged at any other time; or
(d) In its own discretion, following entry of a complaint at a regional jury trial court or
within 21 days thereafter.
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VIII. If a person convicted of a class A misdemeanor has been sentenced and such sentence does
not include any period of actual incarceration or a suspended or deferred jail sentence or any fine
in excess of the maximum provided for a class B misdemeanor in RSA 651:2, IV(a), the court
shall record such conviction and sentence as a class B misdemeanor.
N.H. REV. STAT. ANN. § 651:2 (2009). Sentences and Limitations.
I. A person convicted of a felony or a Class A misdemeanor may be sentenced to imprisonment,

probation, conditional or unconditional discharge, or a fine.
II. If a sentence of imprisonment is imposed, the court shall fix the maximum thereof which is not
to exceed:
(a) Fifteen years for a class A felony,
(b) Seven years for a class B felony,
(c) One year for a class A misdemeanor,
(d) Life imprisonment for murder in the second degree, and, in the case of a felony only,
a minimum which is not to exceed 2 of the maximum, or if the maximum is life
imprisonment, such minimum term as the court may order.
II-a. A person convicted of murder in the first degree shall be sentenced as provided in RSA
630:1-a.
II-b. A person convicted of a second or subsequent offense for the felonious use of a firearm, as
provided in RSA 650-A:1, shall, in addition to any punishment provided for the underlying
felony, be given a minimum mandatory sentence of 3 years imprisonment. Neither the whole nor
any part of the additional sentence of imprisonment hereby provided shall be served concurrently
with any other term nor shall the whole or any part of such additional term of imprisonment be
suspended. No action brought to enforce sentencing under this section shall be continued for
sentencing, nor shall the provisions of RSA 651-A relative to parole apply to any sentence of
imprisonment imposed.
II-c. [Repealed].
II-d. A person convicted of manslaughter shall be sentenced as provided in RSA 630:2, II.
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II-e. To the minimum sentence of every person who is sentenced to imprisonment for a
maximum of more than one year shall be added a disciplinary period equal to 150 days for each
year of the minimum term of the sentence, to be prorated for any part of the year. The presiding
justice shall certify, at the time of sentencing, the minimum term of the sentence and the
additional disciplinary period required under this paragraph. This additional disciplinary period
may be reduced for good conduct as provided in RSA 651-A:22. There shall be no addition to
the sentence under this section for the period of pretrial confinement for which credit against
the sentence is awarded pursuant to RSA 651-A:23.
II-f. A person convicted of violating RSA 159:3-a, I shall be sentenced as provided in RSA
159:3-a, II and III.
II-g. If a person is convicted of a felony, an element of which is the possession, use or attempted
use of a deadly weapon, and the deadly weapon is a firearm, such person may be sentenced to a
maximum term of 20 years' imprisonment in lieu of any other sentence prescribed for the crime.
The person shall be given a minimum mandatory sentence of not less than 3 years' imprisonment
for a first offense and a minimum mandatory sentence of not less than 6 years' imprisonment if
such person has been previously convicted of any state or federal offense for which the
maximum penalty provided was imprisonment in excess of one year, and an element of which
was the possession, use or attempted use of a firearm. Neither the whole nor any part of the
minimum sentence imposed under this paragraph shall be suspended or reduced.
III. A person convicted of a class B misdemeanor may be sentenced to conditional or

unconditional discharge, a fine, or other sanctions, which shall not include incarceration or
probation but may include monitoring by the department of corrections if deemed necessary and
appropriate.
III-a. A person convicted of a violation may be sentenced to conditional or unconditional

discharge, or a fine.
IV. A fine may be imposed in addition to any sentence of imprisonment, probation, or

conditional discharge. The limitations on amounts of fines authorized in subparagraphs (a) and
(b) shall not include the amount of any civil penalty, the imposition of which is authorized by
statute or by a properly adopted local ordinance, code, or regulation. The amount of any fine
imposed on:
(a) Any individual may not exceed $4,000 for a felony, $2,000 for a class A misdemeanor,
$1,200 for a class B misdemeanor, and $1,000 for a violation.
(b) A corporation or unincorporated association may not exceed $100,000 for a felony,
$20,000 for a misdemeanor and $1,000 for a violation. A writ of execution may be issued
by the court against the corporation or unincorporated association to compel payment of
the fine, together with costs and interest.
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(c) If a defendant has gained property through the commission of any felony, then in lieu
of the amounts authorized in paragraphs (a) and (b), the fine may be an amount not to
exceed double the amount of that gain.
V. (a) A person may be placed on probation if the court finds that such person is in need of
the supervision and guidance that the probation service can provide under such
conditions as the court may impose. The period of probation shall be for a period to be
fixed by the court not to exceed 5 years for a felony and 2 years for a class A
misdemeanor. Upon petition of the probation officer or the probationer, the period may
be terminated sooner by the court if the conduct of the probationer warrants it.
(b) In cases of persons convicted of felonies or class A misdemeanors, or in cases of

persons found to be habitual offenders within the meaning of RSA 259:39 and convicted
of an offense under RSA 262:23, the sentence may include, as a condition of probation,
confinement to a person's place of residence for not more than one year in case of a class
A misdemeanor or more than 5 years in case of a felony. Such home confinement may be
monitored by a probation officer and may be supplemented, as determined by the
department of corrections or by the county department of corrections, by electronic
monitoring to verify compliance.
(c) Upon recommendation by the department of corrections or by the county department

of corrections, the court may, as a condition of probation, order an incarceration-bound
offender placed in an intensive supervision program as an alternative to incarceration,
under requirements and restrictions established by the department of corrections or by the
county department of corrections.
(d) Upon recommendation by the department of corrections or by the county department

of corrections, the court may sentence an incarceration-bound offender to a special
alternative incarceration program involving short term confinement followed by intensive
community supervision.
(e) The department of corrections and the various county departments of corrections shall
adopt rules governing eligibility for home confinement, intensive supervision and special
alternative incarceration programs.
(f) Any offender placed in a home confinement, intensive supervision or special

alternative incarceration program who violates the conditions or restrictions of probation
shall be subject to immediate arrest by a probation officer or any authorized law
enforcement officer and brought before the court for an expeditious hearing pending
further disposition.
(g) The court may include, as a condition of probation, restitution to the victim as
provided in RSA 651:62 or performance of uncompensated public service as provided in
RSA 651:68-70.
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(h) In cases of a person convicted of a felony or class A misdemeanor, a court may
sentence such person to 7 consecutive 24-hour periods to be served at the state-operated
7-day multiple DWI offender intervention detention center program established under
RSA 172-B:2-b, if the evidence demonstrates that alcohol was a contributing factor in the
commission of the offense and provided that space is available in the program and such
person pays the fees for the program in full prior to admission.
VI. (a) A person may be sentenced to a period of conditional discharge if such person is not
imprisoned and the court is of the opinion that probationary supervision is unnecessary,
but that the defendant's conduct should be according to conditions determined by the
court. Such conditions may include:
(1) Restrictions on the defendant's travel, association, place of abode, such as will
protect the victim of the crime or insure the public peace;
(2) An order requiring the defendant to attend counseling or any other mode of
treatment the court deems appropriate;
(3) Restitution to the victim; and
(4) Performance of uncompensated public service as provided in RSA 651:68-70.
(b) The period of a conditional discharge shall be 3 years for a felony and one year for a
misdemeanor or violation. However, if the court has required as a condition that the
defendant make restitution or reparation to the victim of the defendant's offense or that
the defendant perform uncompensated public service and that condition has not been
satisfied, the court may, at any time prior to the termination of the above periods, extend
the period for a felony by no more than 2 years and for a misdemeanor or violation by no
more than one year in order to allow the defendant to satisfy the condition. During any
period of conditional discharge the court may, upon its own motion or on petition of the
defendant, discharge the defendant unconditionally if the conduct of the defendant
warrants it. The court is not required to revoke a conditional discharge if the defendant
commits an additional offense or violates a condition.
VI-a. [Repealed.]
VI-b. A person sentenced to conditional discharge under paragraph VI may apply for annulment
of the criminal record under RSA 651:5.
VII. When a probation or a conditional discharge is revoked, the defendant may be fined, as
authorized by paragraph IV, if a fine was not imposed in addition to the probation or conditional
discharge. Otherwise the defendant shall be sentenced to imprisonment as authorized by
paragraph II.
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VIII. A person may be granted an unconditional discharge if the court is of the opinion that no
proper purpose would be served by imposing any condition or supervision upon the defendant's
release. A sentence of unconditional discharge is for all purposes a final judgment of conviction.
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3. EXEMPTIONS
captivity.
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

or shelter; or
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IV.
the animals.
posted it.
IV-a.
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animals.
(c)

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.
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4. COUNSELING
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captivity.

or shelter; or
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IV.
the animals.
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.
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animals.
(c)


II. If a sentence of imprisonment is imposed, the court shall fix the maximum thereof which is
not to exceed:
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630:1-a.
II-b. A person convicted of the felonious use of a firearm, as provided in RSA 650-A:1, shall, in
addition to any punishment provided for the underlying felony, be given a minimum mandatory
sentence of one year imprisonment for a first offense and a minimum mandatory sentence of 3
years' imprisonment for any subsequent offense. Neither the whole nor any part of the additional
sentence of imprisonment hereby provided shall be served concurrently with any other term nor
shall the whole or any part of such additional term of imprisonment be suspended. No action
brought to enforce sentencing under this section shall be continued for sentencing, nor shall the
provisions of RSA 651-A relative to parole apply to any sentence of imprisonment imposed.
II-c. [Repealed].
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appropriate.


imposed on:
(a) Any individual may not exceed $4,000 for a felony, $2,000 for a class A
misdemeanor, $1,200 for a class B misdemeanor, and $1,000 for a violation.
V. (a) A person may be placed on probation if the court finds that such person is in need of
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RSA 651:68-70.

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(4) Performance of uncompensated public service as provided in RSA 651:68-70.
VI-a. [Repealed.]
paragraph II.
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captivity.

or shelter; or
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IV.
the animals.
posted it.
IV-a.
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.
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animals.
(c)
charitable gaming commission or such person designated by the director
of the racing and charitable gaming commission;

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
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.
644:8.
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captivity.

or shelter; or
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IV.
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.
posted it.
IV-a.
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animals.
(c)

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N.H. REV. STAT. ANN. § 332-B:16-a (2009) Immunity From Civil Action.
No civil action shall be maintained against the board or any member thereof, or any agent or
employee of the board, with regard to any action or activity in the performance of any duty or
authority established by this chapter. Nor shall any civil action be maintained against any other
organization or individual for or by reason of any good faith statement, report, communication,
or testimony to the board or determination by the board in relation to proceedings under this
chapter.
captivity.

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or shelter; or
IV.
the animals.
posted it.
IV-a.
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animals.
(c)

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.
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N.H. REV. STAT. ANN. § 105:17 (2009). Arrest.
If any person shall be found violating the laws in relation to cruelty to animals he may be
arrested and held without warrant, in the same manner as in case of persons found breaking the
peace.
N.H. REV. STAT. ANN. § 436:8 (2009). Powers.
The state veterinarian, under the direction of the commissioner, shall have all of the powers of
the commissioner and shall have general charge of the enforcement of this chapter, and shall
devote his or her entire time and attention to the duties of his or her office. Complaints under
RSA 644:8, 644:8-a, 644:8-aa and any other law pertaining to the abuse of domestic animals, as
defined under RSA 436:1, shall initially be filed with the local law enforcement agency, animal
control officer, state police, or sheriff which has jurisdiction over where the animal is located or
kept. At the request of the local law enforcement agency, animal control officer, state police, or
sheriff, the state veterinarian shall assist in a secondary capacity in enforcing the provisions of
and investigating said complaints. In the event the commissioner becomes incapacitated or a
vacancy occurs in the office, the state veterinarian shall perform all the duties of that office
during any such incapacity or until any such vacancy is filled. The commissioner may direct the
state veterinarian to act for him or her in an official capacity whenever he or she may be absent
from his or her duties.
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12. SEXUAL ASSAULT
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13. FIGHTING
N.H. REV. STAT. ANN. § 644:8-a (2009). 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.
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.
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N.H. REV. STAT. ANN. § 105:17 (2009). Arrest.
If any person shall be found violating the laws in relation to cruelty to animals he may be
arrested and held without warrant, in the same manner as in case of persons found breaking the
peace.
N.H. REV. STAT. ANN. § 332-B:16-a (2009) Immunity From Civil Action.
No civil action shall be maintained against the board or any member thereof, or any agent or
employee of the board, with regard to any action or activity in the performance of any duty or
authority established by this chapter. Nor shall any civil action be maintained against any other
organization or individual for or by reason of any good faith statement, report, communication,
or testimony to the board or determination by the board in relation to proceedings under this
chapter.
N.H. REV. STAT. ANN. § 436:8 (2009). Powers.
The state veterinarian, under the direction of the commissioner, shall have all of the powers of
the commissioner and shall have general charge of the enforcement of this chapter, and shall
devote his or her entire time and attention to the duties of his or her office. Complaints under
RSA 644:8, 644:8-a, 644:8-aa and any other law pertaining to the abuse of domestic animals, as
defined under RSA 436:1, shall initially be filed with the local law enforcement agency, animal
control officer, state police, or sheriff which has jurisdiction over where the animal is located or
kept. At the request of the local law enforcement agency, animal control officer, state police, or
sheriff, the state veterinarian shall assist in a secondary capacity in enforcing the provisions of
and investigating said complaints. In the event the commissioner becomes incapacitated or a
vacancy occurs in the office, the state veterinarian shall perform all the duties of that office
during any such incapacity or until any such vacancy is filled. The commissioner may direct the
state veterinarian to act for him or her in an official capacity whenever he or she may be absent
from his or her duties.
N.H. REV. STAT. ANN. § 625:9 (2009). Classification of Crimes.
I. The provisions of this section govern the classification of every offense, whether defined
within this code or by any other statute.
II. Every offense is either a felony, misdemeanor or violation.
(a) Felonies and misdemeanors are crimes.

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(b) A violation does not constitute a crime and conviction of a violation shall not give
rise to any disability or legal disadvantage based on conviction of a criminal offense.
III. A felony is murder or a crime so designated by statute within or outside this code or a crime
defined by statute outside of this code where the maximum penalty provided is imprisonment in
excess of one year; provided, however, that a crime defined by statute outside of this code is a
felony when committed by a corporation or an unincorporated association if the maximum fine
therein provided is more than $200.
(a) Felonies other than murder are either class A felonies or class B felonies when
committed by an individual. Felonies committed by a corporation or an unincorporated
association are unclassified.
(1) Class A felonies are crimes so designated by statute within or outside this
code and any crime defined by statute outside of this code for which the
maximum penalty, exclusive of fine, is imprisonment in excess of 7 years.
(2) Class B felonies are crimes so designated by statute within or outside this code
and any crime defined outside of this code for which the maximum penalty,
exclusive of fine, is imprisonment in excess of one year but not in excess of 7
years.
IV. Misdemeanors are either class A misdemeanors or class B misdemeanors when committed
by an individual. Misdemeanors committed by a corporation or an unincorporated association
are unclassified.
(a) A class A misdemeanor is:
(1) Any crime so designated by statute within or outside this code and any crime
defined outside of this code for which the maximum penalty, exclusive of fine, is
imprisonment not in excess of one year; or
(2) Any crime designated within or outside this code as a misdemeanor, without
specification of the classification.
(b) A class B misdemeanor is any crime so designated by statute within or outside this
code and any crime defined outside of this code for which the maximum penalty does not
include any term of imprisonment or any fine in excess of the maximum provided for a
class B misdemeanor in RSA 651:2, IV(a).
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V. A violation is an offense so designated by statute within or outside this code and, except as
provided in this paragraph, any offense defined outside of this code for which there is no other
penalty provided other than a fine or fine and forfeiture or other civil penalty. In the case of a
corporation or an unincorporated association, offenses defined outside of this code are violations
if the amount of any such fine provided does not exceed $50.
V-a. The violation of any requirement created by statute or by municipal regulation enacted
pursuant to an enabling statute, where the statute neither specifies the penalty or offense
classification, shall be deemed a violation, and the penalties to be imposed by the court shall be
those provided for a violation under RSA 651:2.
VI. Prior to or at the time of arraignment, the state may, in its discretion, charge any offense
designated a misdemeanor, as defined by paragraph IV, as a violation. At such time, the
prosecutor shall make an affirmative statement to the court as to whether he intends to proceed
under this paragraph. In such cases the penalties to be imposed by the court shall be those
provided for a violation under RSA 651:2. This paragraph shall not apply to any offense for
which a statute prescribes an enhanced penalty for a subsequent conviction of the same offense.
VII. The state may change any offense designated or defined as a class A misdemeanor as
defined by paragraph IV to a class B misdemeanor, so long as no element of the offense involves
an act of violence or threat of violence. For purposes of this paragraph, the term "act of violence"
means attempting to cause or purposely or recklessly causing bodily injury or serious bodily
injury with or without a deadly weapon; and the term "threat of violence" means placing or
attempting to place another in fear of imminent bodily injury either by physical menace or by
threats to commit a crime against the person of the other. The state may change an offense
pursuant to this paragraph if such change is in the interest of public safety and welfare and is not
inconsistent with the societal goals of deterrence and prevention of recidivism, as follows:
(a) In its own discretion prior to or at the time of arraignment in the district court;
(b) In its own discretion following an entry of appeal in the superior court or within 20
days thereafter;
(c) With the agreement of the person charged at any other time; or
(d) In its own discretion, following entry of a complaint at a regional jury trial court or
within 21 days thereafter.
VIII. If a person convicted of a class A misdemeanor has been sentenced and such sentence does
not include any period of actual incarceration or a suspended or deferred jail sentence or any fine
in excess of the maximum provided for a class B misdemeanor in RSA 651:2, IV(a), the court
shall record such conviction and sentence as a class B misdemeanor.
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captivity.

or shelter; or
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IV.
the animals.
posted it.
IV-a.
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animals.
(c)

N.H. REV. STAT. ANN. § 644:8-a (2009). 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.
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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.
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.
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.
644:8.
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II. If a sentence of imprisonment is imposed, the court shall fix the maximum thereof which is
not to exceed:
630:1-a.
II-b. A person convicted of a second or subsequent offense for the felonious use of a firearm, as
provided in RSA 650-A:1, shall, in addition to any punishment provided for the underlying
felony, be given a minimum mandatory sentence of 3 years imprisonment. Neither the whole nor
any part of the additional sentence of imprisonment hereby provided shall be served concurrently
with any other term nor shall the whole or any part of such additional term of imprisonment be
suspended. No action brought to enforce sentencing under this section shall be continued for
sentencing, nor shall the provisions of RSA 651-A relative to parole apply to any sentence of
imprisonment imposed.
II-c. [Repealed]
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appropriate.


imposed on:
(a) Any individual may not exceed $4,000 for a felony, $2,000 for a class A
misdemeanor, $1,200 for a class B misdemeanor, and $1,000 for a violation.
V.
(a) A person may be placed on probation if the court finds that such person is in need of
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RSA 651:68-70.

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(4) Performance of uncompensated public service as provided in RSA

651:68-70.
VI-a. [Repealed.]
paragraph II.
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ANIMAL PROTECTION LAWS OF NEW JERSEY
ANIMAL PROTECTION LAWS OF NEW JERSEY
2. PENALTIES
3. EXEMPTIONS
12. SEXUAL ASSAULT
13. FIGHTING
This chapter contains New Jersey’s general animal protection and related statutes enacted prior to November 2009. It
New Jersey may employ similar provisions within other non-animal-specific criminal and civil statutes; may have other

USA Map
NEW JERSEY

Cruelty to animals
N.J. STAT. ANN. § 4:22-17(a)
(2)
N.J. STAT. ANN. § 4:22-17(b)
(3)
Carrying animals cruelly
N.J. STAT. ANN. § 4:22-18
(4)
Failure to care for impounded animals
N.J. STAT. ANN. § 4:22-19
(5)
Abandonment of disabled and domestic
animals
N.J. STAT. ANN. § 4:22-20
(6)
Acts constituting cruelty in general
N.J. STAT. ANN. § 4:22-26
(provision for civil remedy)
Animals Covered in Definition A[T]he whole brute creation@

N.J. STAT. ANN. § 4:22-15
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NEW JERSEY continued
Classification of Crimes (1), (3), (4), (5)

Disorderly persons offense
(2)
[1st offense]:
4th degree crime
[2nd and subsequent; or 1st offense when the

victim is cruelly killed or dies as a result of
the offense]:
3rd degree crime
(6)
Civil offense
2. MAXIMUM PENALTIES ** (1), (3), (4), (5)

and/or
$1,000 fine
and
30 days community service
and
other appropriate penalties
N.J. STAT. ANN. § 4:22-17
-----
(2)
[1st offense]:
and
$10,000 fine
and
and
N.J. STAT. ANN. § 2C:43-3
N.J. STAT. ANN. § 4:22-17
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2. MAXIMUM PENALTIES continued ** [2nd and subsequent; or 1st offense when the
victim is cruelly killed or dies as a result of
the offense]:
and
$15,000 fine
and
and
N.J. STAT. ANN. § 4:22-17
-----
(6)
Various fines (depending upon violation) to
be recovered in a civil suit
N.J. STAT. ANN. § 4:22-26
3. EXEMPTIONS *** 2, 3, 4, 6, 9
N.J. STAT. ANN. § 4:22-16
4. COUNSELING / EVALUATIONS H A juvenile offender shall be ordered to

receive mental health counseling
N.J. STAT. ANN. § 4:22-17(d)
6. RESTITUTION / REIMBURSEMENT The court may require violator to pay

H
restitution and costs of care
N.J. STAT. ANN. §§ 4:22-17(c)
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7. SEIZURE / ON-SITE SUPERVISION Humane agents may petition court for seizure
upon conviction
N.J. STAT. ANN. § 4:22-26.1
Any court with jurisdiction may issue search

warrants for reasonable cause
N.J. STAT. ANN. § 4:22-46
Person making arrest may seize the animals if

there is no one available to provide care
N.J. STAT. ANN. § 4:22-50
8. FORFEITURE / POSSESSION H Upon conviction, court may order seized

animals forfeited
N.J. STAT. ANN. § 4:22-26.1
11. LAW ENFORCEMENT POLICIES SPCAs are authorized to enforce all laws or
ordinances enacted for the protection of
animals, and may make arrests
N.J. STAT. ANN. §§ 4:22-11.4, 4:22-11.7
Training courses required for humane agents

N.J. STAT. ANN. § 4:22-11.8
Law enforcement and health agencies shall

assist humane agents to enforce cruelty laws
N.J. STAT. ANN. § 4:22-11.12
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11. LAW ENFORCEMENT POLICIES cont’d. Any humane agent of the NJ-SPCA or any
county SPCA, or any police officer or
certified and authorized animal control
officer, may make arrests for animal cruelty
N.J. STAT. ANN. § 4:22-44
13. FIGHTING Various animal fighting activities, including

spectatorship, are 3rd degree crimes
N.J. STAT. ANN. § 4:22-24
Civil fines are authorized for various animal

fighting activities
N.J. STAT. ANN. § 4:22-26
Any humane agent of the NJ-SPCA or any

county SPCA, or any police officer or
certified and authorized animal control
officer, may enter any place of animal
fighting; arrest without warrant all persons
present; and seize all animals, and
implements used for fighting
N.J. STAT. ANN. § 4:22-47
Procedures for forfeiture of animals seized in

animal fighting exhibitions and recovery of
the costs of their care
N.J. STAT. ANN. § 4:22-48
Owner shall bear expenses for animals seized
in animal fighting exhibitions
N.J. STAT. ANN. §§ 4:22-48.1, 4:22-48.2

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N.J. STAT. ANN. § 4:22-15 (2009). Definitions.
As used in this article:
AAnimal@ or Acreature@ includes the whole brute creation.
AOwner@ or Aperson@ includes a corporation, and the knowledge and acts of an agent or
employee of a corporation in regard to animals transported, owned, employed or in the custody
of the corporation shall be imputed to the corporation.
N.J. STAT. ANN. § 4:22-17 (2009). Cruelty; disorderly persons offense
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
through the use of another living animal or creature, any such acts to be done--
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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

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 (2009). 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.
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N.J. STAT. ANN. § 4:22-19 (2009). Failure to care for or destruction of impounded animals;
penalties; collection
A person who shall:
a. Impound or confine, or cause to be impounded or confined, in a pound or other place, a living

animal or creature, and shall fail to supply it during such confinement with a sufficient quantity
of good and wholesome food and water; or
b. Destroy or cause to be destroyed any such animal by hypoxia induced by decompression or in

any other manner, by the administration of a lethal gas other than an inhalant anesthetic, or in
any other manner except by a method of euthanasia generally accepted by the veterinary
medical profession as being reliable, appropriate to the type of animal upon which it is to be
employed, and capable of producing loss of consciousness and death as rapidly and painlessly
as possible for such animal shall, in the case of a violation of subsection a., be guilty of a
disorderly persons offense and shall be punished as provided in subsection a. of R.S.4:22-17; or,
in the case of a violation of subsection b., be subject to a penalty of $25 for the first offense and
$50 for each subsequent offense. Each animal destroyed in violation of subsection b. shall
constitute a separate offense. The penalty shall be collected in accordance with the "Penalty
Enforcement Law of 1999," P.L.1999, c. 274 (C.2A:58-10 et seq.) and all money collected shall
be remitted to the State.
This section shall apply to kennels, pet shops, shelters and pounds as defined and licensed
pursuant to P.L.1941, c. 151 (C.4:19-15.1 et seq.); to pounds and places of confinement owned
and operated by municipalities, counties or regional governmental authorities; and to every
contractual warden or impounding service, any provision to the contrary in this title
notwithstanding.
N.J. STAT. ANN. § 4:22-20 (2009). Abandoning disabled animal to die in public place;
abandoning domesticated animal; 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.
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N.J. STAT. ANN. § 4:22-26 (2009). Acts constituting cruelty in general; penalty
A person who shall:
a.
sustenance, abuse, or needlessly kill a living animal or creature, or 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;
mutilate a living animal or creature, or 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;
(3) Cruelly kill, or cause or procure, by any direct or indirect means, including but not
limited to through the use of another living animal or creature, the cruel killing of, a
living animal or creature, or otherwise cause or procure, by any direct or indirect
means, including but not limited to through the use of another living animal or creature,
the death of a living animal or creature from commission of any act described in
paragraph (2) of this subsection;
b. (Deleted by amendment, P.L.2003, c. 232).
c. 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;
d. Receive or offer for sale a horse that is suffering from abuse or neglect, or which by reason of
disability, disease, abuse or lameness, or any other cause, could not be worked, ridden or
otherwise used for show, exhibition or recreational purposes, or kept as a domestic pet without
violating the provisions of this article;
e. Keep, use, be connected with or interested in the management of, or receive money or other
consideration for the admission of a person to, a place kept or used for the purpose of fighting or
baiting a living animal or creature;
f. Be present and witness, pay admission to, encourage, aid or assist in an activity enumerated in
subsection e. of this section;
g. Permit or suffer a place owned or controlled by him to be used as provided in subsection e. of

this section;
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h. Carry, or cause to be carried, a living animal or creature in or upon a vehicle or otherwise, in
a cruel or inhumane manner;
i. Use a dog or dogs for the purpose of drawing or helping to draw a vehicle for business
purposes;
j. Impound or confine or cause to be impounded or confined in a pound or other place a living

of good and wholesome food and water;
k. Abandon a maimed, sick, infirm or disabled animal or creature to die in a public place;
l. Willfully sell, or offer to sell, use, expose, or cause or permit to be sold or offered for sale,
used or exposed, a horse or other animal having the disease known as glanders or farcy, or
other contagious or infectious disease dangerous to the health or life of human beings or
animals, or who shall, when any such disease is beyond recovery, refuse, upon demand, to
deprive the animal of life;
m. Own, operate, manage or conduct a roadside stand or market for the sale of merchandise
along a public street or highway; or a shopping mall, or a part of the premises thereof; and keep
a living animal or creature confined, or allowed to roam in an area whether or not the area is
enclosed, on these premises as an exhibit; except that this subsection shall not be applicable to:
a pet shop licensed pursuant to P.L.1941, c. 151 (C.4:19-15.1 et seq.); a person who keeps an
animal, in a humane manner, for the purpose of the protection of the premises; or a recognized
breeders' association, a 4-H club, an educational agricultural program, an equestrian team, a
humane society or other similar charitable or nonprofit organization conducting an exhibition,
show or performance;
n. Keep or exhibit a wild animal at a roadside stand or market located along a public street or
highway of this State; a gasoline station; or a shopping mall, or a part of the premises thereof;
o. Sell, offer for sale, barter or give away or display live baby chicks, ducklings or other fowl or
rabbits, turtles or chameleons which have been dyed or artificially colored or otherwise treated
so as to impart to them an artificial color;
p. Use any animal, reptile, or fowl for the purpose of soliciting any alms, collections,
contributions, subscriptions, donations, or payment of money except in connection with
exhibitions, shows or performances conducted in a bona fide manner by recognized breeders'
associations, 4-H clubs or other similar bona fide organizations;
q. Sell or offer for sale, barter, or give away living rabbits, turtles, baby chicks, ducklings or
other fowl under two months of age, for use as household or domestic pets;
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r. Sell, offer for sale, barter or give away living baby chicks, ducklings or other fowl, or rabbits,
turtles or chameleons under two months of age for any purpose not prohibited by subsection q.
of this section and who shall fail to provide proper facilities for the care of such animals;
s. Artificially mark sheep or cattle, or cause them to be marked, by cropping or cutting off both
ears, cropping or cutting either ear more than one inch from the tip end thereof, or half cropping
or cutting both ears or either ear more than one inch from the tip end thereof, or who shall have
or keep in the person's possession sheep or cattle, which the person claims to own, marked
contrary to this subsection unless they were bought in market or of a stranger;
t. Abandon a domesticated animal;
u. For amusement or gain, cause, allow, or permit the fighting or baiting of a living animal or
creature;
v. 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;
w. Gamble on the outcome of a fight involving a living animal or creature;
x. Knowingly sell or barter or offer for sale or barter, at wholesale or retail, the fur or hair of a
domestic dog or cat or any product made in whole or in part from the fur or hair of a domestic
dog or cat, unless such fur or hair for sale or barter is from a commercial grooming
establishment or a veterinary office or clinic or is for use for scientific research;
y. Knowingly sell or barter or offer for sale or barter, at wholesale or retail, for human
consumption, the flesh of a domestic dog or cat or any product made in whole or in part from the
flesh of a domestic dog or cat;
z. Surgically debark or silence a dog in violation of section 1 or 2 of P. L.2002, c. 102 (C.4:19-

38 or C.4:19-39);
aa. Use a live pigeon, fowl or other bird for the purpose of a target, or to be shot at either for
amusement or as a test of skill in marksmanship, except that this subsection and subsections bb.
and cc. shall not apply to the shooting of game;
bb. Shoot at a bird used as described in subsection aa. of this section, or is a party to such
shooting; or
cc. Lease a building, room, field or premises, or knowingly permit the use thereof for the
purposes of subsection aa. or bb. of this section --
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Shall forfeit and pay a sum according to the following schedule, to be sued for and recovered,
with costs, in a civil action by any person in the name of the New Jersey Society for the
Prevention of Cruelty to Animals or a county society for the prevention of cruelty to animals, as
appropriate, or, in the name of the municipality if brought by a certified animal control officer
or animal cruelty investigator:
For a violation of subsection e., f., g., u., v., w., or z. of this section or of paragraph (3) of
subsection a. of this section, or for a second or subsequent violation of paragraph (2) of
subsection a. of this section, a sum of not less than $3,000 nor more than $5,000;
For a violation of subsection l. of this section or for a first violation of paragraph (2) of
For a violation of subsection x. or y. of this section, a sum of not less than $500 nor more than
$1,000 for each domestic dog or cat fur or fur or hair product or domestic dog or cat carcass or
meat product;
For a violation of subsection t. of this section, a sum of not less than $500 nor more than $1,000,
but if the violation occurs on or near a highway, a mandatory sum of $1,000;
For a violation of subsection c., d., h., j., k., aa., bb., or cc. of this section or of paragraph (1) of
subsection a. of this section, a sum of not less than $250 nor more than $1,000; and
For a violation of subsection i., m., n., o., p., q., r., or s. of this section, a sum of not less than
$250 nor more than $500.
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2. PENALTIES
N.J. STAT. ANN. § 2C:43-3 (2009). Fines and Restitutions
A person who has been convicted of an offense may be sentenced to pay a fine, to make
restitution, or both, such fine not to exceed:
a.
(1) $200,000.00 when the conviction is of a crime of the first degree;
(2) $150,000.00 when the conviction is of a crime of the second degree;
b.
(1) $15,000.00 when the conviction is of a crime of the third degree;
(2) $10,000.00 when the conviction is of a crime of the fourth degree;
c. $1,000.00, when the conviction is of a disorderly persons offense;
d. $500.00, when the conviction is of a petty disorderly persons offense;
e. Any higher amount equal to double the pecuniary gain to the offender or loss to the victim
caused by the conduct constituting the offense by the offender. In such case the court shall make
a finding as to the amount of the gain or loss, and if the record does not contain sufficient
evidence to support such a finding the court may conduct a hearing upon the issue. For purposes
of this section the term "gain" means the amount of money or the value of property derived by
the offender and "loss" means the amount of value separated from the victim or the amount of
any payment owed to the victim and avoided or evaded and includes any reasonable and
necessary expense incurred by the owner in recovering or replacing lost, stolen or damaged
property or recovering any payment avoided or evaded, and, with respect to property of a
research facility, includes the cost of repeating an interrupted or invalidated experiment or loss
of profits. The term "victim" shall mean a person who suffers a personal physical or
psychological injury or death or incurs loss of or injury to personal or real property as a result of
a crime committed against that person, or in the case of a homicide, the nearest relative of the
victim. The terms "gain" and "loss" shall also mean, where appropriate, the amount of any tax,
fee, penalty and interest avoided, evaded, or otherwise unpaid or improperly retained or disposed
of;
f. Any higher amount specifically authorized by another section of this code or any other statute;
g. Up to twice the amounts authorized in subsection a., b., c. or d. of this section, in the case of a
second or subsequent conviction of any tax offense defined in Title 54 of the Revised Statutes or
Title 54A of the New Jersey Statutes, as amended and supplemented, or of any offense defined
in chapter 20 or 21 of this code;
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h. In the case of violations of chapter 35, any higher amount equal to three times the street value
of the controlled dangerous substance or controlled substance analog. The street value for
purposes of this section shall be determined pursuant to subsection e. of N.J.S.2C:44-2.
The restitution ordered paid to the victim shall not exceed the victim's loss, except that in any
case involving the failure to pay any State tax, the amount of restitution to the State shall be the
full amount of the tax avoided or evaded, including full civil penalties and interest as provided
by law. In any case where the victim of the offense is any department or division of State
government, the court shall order restitution to the victim. Any restitution imposed on a person
shall be in addition to any fine which may be imposed pursuant to this section.
N.J. STAT. ANN. § 2C:43-6 (2009). Sentence of imprisonment for crime; ordinary terms;
mandatory terms
a. Except as otherwise provided, a person who has been convicted of a crime may be sentenced
to imprisonment, as follows:
(1) In the case of a crime of the first degree, for a specific term of years which shall be
fixed by the court and shall be between 10 years and 20 years;
(2) In the case of a crime of the second degree, for a specific term of years which shall be
fixed by the court and shall be between five years and 10 years;
(3) In the case of a crime of the third degree, for a specific term of years which shall be
fixed by the court and shall be between three years and five years;
(4) In the case of a crime of the fourth degree, for a specific term which shall be fixed by
the court and shall not exceed 18 months.
b. As part of a sentence for any crime, where the court is clearly convinced that the aggravating
factors substantially outweigh the mitigating factors, as set forth in subsections a. and b. of
2C:44-1, or the court finds that the aggravating factor set forth in paragraph (5) of subsection a.
of N.J.S.2C:44-1 applies, the court may fix a minimum term not to exceed one-half of the term
set pursuant to subsection a., or one-half of the term set pursuant to a maximum period of
incarceration for a crime set forth in any statute other than this code, during which the
defendant shall not be eligible for parole; provided that no defendant shall be eligible for parole
at a date earlier than otherwise provided by the law governing parole.
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c. A person who has been convicted under subsection b. or d. of N.J.S.2C:39-3, subsection a. of
N.J.S.2C:39-4, subsection a. of section 1 of P.L.1998, c.26 (C.2C:39-4.1), subsection a., b. or c.
of N.J.S.2C:39-5, subsection a. or paragraph (2) or (3) of subsection b. of section 6 of P.L.1979,
c.179 (C.2C:39-7), or subsection a., b., e. or g. of N.J.S.2C:39-9, or of a crime under any of the
following sections: 2C:11-3, 2C:11-4, 2C:12-1 b., 2C:13-1, 2C:14-2 a., 2C:14-3 a., 2C:15-1,
2C:18-2, 2C:29-5, who, while in the course of committing or attempting to commit the crime,
including the immediate flight therefrom, used or was in possession of a firearm as defined in
2C:39-1 f., shall be sentenced to a term of imprisonment by the court. The term of imprisonment
shall include the imposition of a minimum term. The minimum term shall be fixed at, or
between, one-third and one-half of the sentence imposed by the court or three years, whichever
is greater, or 18 months in the case of a fourth degree crime, during which the defendant shall be
ineligible for parole.
The minimum terms established by this section shall not prevent the court from imposing
presumptive terms of imprisonment pursuant to 2C:44-1 f.(1) except in cases of crimes of the
fourth degree.
A person who has been convicted of an offense enumerated by this subsection and who used or
possessed a firearm during its commission, attempted commission or flight therefrom and who
has been previously convicted of an offense involving the use or possession of a firearm as
defined in 2C:44-3 d., shall be sentenced by the court to an extended term as authorized by
2C:43-7 c., notwithstanding that extended terms are ordinarily discretionary with the court.
d. The court shall not impose a mandatory sentence pursuant to subsection c. of this section,
2C:43-7 c. or 2C:44-3 d., unless the ground therefor has been established at a hearing. At the
hearing, which may occur at the time of sentencing, the prosecutor shall establish by a
preponderance of the evidence that the weapon used or possessed was a firearm. In making its
finding, the court shall take judicial notice of any evidence, testimony or information adduced at
the trial, plea hearing, or other court proceedings and shall also consider the presentence report
and any other relevant information.
e. A person convicted of a third or subsequent offense involving State taxes under N.J.S.2C:20-
9, N.J.S.2C:21-15, any other provision of this code, or under any of the provisions of Title 54 of
the Revised Statutes, or Title 54A of the New Jersey Statutes, as amended and supplemented,
shall be sentenced to a term of imprisonment by the court. This shall not preclude an application
for and imposition of an extended term of imprisonment under N.J.S.2C:44-3 if the provisions of
that section are applicable to the offender.
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f. A person convicted of manufacturing, distributing, dispensing or possessing with intent to
distribute any dangerous substance or controlled substance analog under N.J.S.2C:35-5, of
maintaining or operating a controlled dangerous substance production facility under
N.J.S.2C:35-4, of employing a juvenile in a drug distribution scheme under N.J.S.2C:35-6,
leader of a narcotics trafficking network under N.J.S.2C:35-3, or of distributing, dispensing or
possessing with intent to distribute on or near school property or buses under section 1 of
P.L.1987, c.101 (C.2C:35-7), who has been previously convicted of manufacturing, distributing,
dispensing or possessing with intent to distribute a controlled dangerous substance or controlled
substance analog, shall upon application of the prosecuting attorney be sentenced by the court to
an extended term as authorized by subsection c. of N.J.S.2C:43-7, notwithstanding that extended
terms are ordinarily discretionary with the court. The term of imprisonment shall, except as may
be provided in N.J.S.2C:35-12, include the imposition of a minimum term. The minimum term
shall be fixed at, or between, one-third and one-half of the sentence imposed by the court or
three years, whichever is greater, not less than seven years if the person is convicted of a
violation of N.J.S.2C:35-6, or 18 months in the case of a fourth degree crime, during which the
defendant shall be ineligible for parole.
The court shall not impose an extended term pursuant to this subsection unless the ground
therefor has been established at a hearing. At the hearing, which may occur at the time of
sentencing, the prosecutor shall establish the ground therefor by a preponderance of the
evidence. In making its finding, the court shall take judicial notice of any evidence, testimony or
information adduced at the trial, plea hearing, or other court proceedings and shall also consider
the presentence report and any other relevant information.
For the purpose of this subsection, a previous conviction exists where the actor has at any time
been convicted under chapter 35 of this title or Title 24 of the Revised Statutes or under any
similar statute of the United States, this State, or any other state for an offense that is
substantially equivalent to N.J.S.2C:35-3, N.J.S.2C:35-4, N.J.S.2C:35-5, N.J.S.2C:35-6 or
section 1 of P.L.1987, c.101 (C.2C:35-7).
g. Any person who has been convicted under subsection a. of N.J.S.2C:39-4 or of a crime under
any of the following sections: N.J.S.2C:11-3, N.J.S.2C:11-4, N.J.S.2C:12-1 b., N.J.S.2C:13-1,
N.J.S.2C:14-2 a., N.J.S.2C:14-3 a., N.J.S.2C:15-1, N.J.S.2C:18-2, N.J.S.2C:29-5, N.J.S.2C:35-5
who, while in the course of committing or attempting to commit the crime, including the
immediate flight therefrom, used or was in possession of a machine gun or assault firearm shall
be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the
imposition of a minimum term. The minimum term shall be fixed at 10 years for a crime of the
first or second degree, five years for a crime of the third degree, or 18 months in the case of a
fourth degree crime, during which the defendant shall be ineligible for parole.
presumptive terms of imprisonment pursuant to paragraph (1) of subsection f. of N.J.S.2C:44-1
for crimes of the first degree.
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A person who has been convicted of an offense enumerated in this subsection and who used or
possessed a machine gun or assault firearm during its commission, attempted commission or
flight therefrom and who has been previously convicted of an offense involving the use or
possession of any firearm as defined in subsection d. of N.J.S.2C:44-3, shall be sentenced by the
court to an extended term as authorized by subsection d. of N.J.S.2C:43-7, notwithstanding that
extended terms are ordinarily discretionary with the court.
h. The court shall not impose a mandatory sentence pursuant to subsection g. of this section,
subsection d. of N.J.S.2C:43-7 or N.J.S.2C:44-3, unless the ground therefor has been established
at a hearing. At the hearing, which may occur at the time of sentencing, the prosecutor shall
establish by a preponderance of the evidence that the weapon used or possessed was a machine
gun or assault firearm. In making its finding, the court shall take judicial notice of any evidence,
testimony or information adduced at the trial, plea hearing, or other court proceedings and shall
also consider the presentence report and any other relevant information.
i. A person who has been convicted under paragraph (6) of subsection b. of 2C:12-1 of causing
bodily injury while eluding shall be sentenced to a term of imprisonment by the court. The term
of imprisonment shall include the imposition of a minimum term. The minimum term shall be
fixed at, or between one-third and one-half of the sentence imposed by the court. The minimum
term established by this subsection shall not prevent the court from imposing a presumptive term
of imprisonment pursuant to paragraph (1) of subsection f. of 2C:44-1.

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--

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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
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 .

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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.
A person who shall:


any other manner except by a method of euthanasia generally accepted by the veterinary medical
profession as being reliable, appropriate to the type of animal upon which it is to be employed,
and capable of producing loss of consciousness and death as rapidly and painlessly as possible
for such animal shall, in the case of a violation of subsection a., be guilty of a disorderly persons
offense and shall be punished as provided in subsection a. of R.S.4:22-17; or, in the case of a
violation of subsection b., be subject to a penalty of $25 for the first offense and $50 for each
subsequent offense. Each animal destroyed in violation of subsection b. shall constitute a
separate offense. The penalty shall be collected in accordance with the "Penalty Enforcement
Law of 1999," P.L.1999, c. 274 (C.2A:58-10 et seq.) and all money collected shall be remitted to
the State.
notwithstanding.
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N.J. STAT. ANN. § 4:22-19.4 (2009). Penalty.
A person who violates this act shall be subject to a penalty of $25.00 for the first offense and
$50.00 for each subsequent offense, to be collected in a civil action by a summary proceeding
under Athe penalty enforcement law@ (N.J. STAT. § 2A:58-1 et seq.). Each animal destroyed in
violation of this act shall constitute a separate offense. The Superior Court shall have
jurisdiction to enforce Athe penalty enforcement law.@
A person who shall:
a.
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;
mutilate a living animal or creature, or 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;
living animal or creature, or otherwise cause or procure, by any direct or indirect means,
including but not limited to through the use of another living animal or creature, the death
of a living animal or creature from commission of any act described in paragraph (2) of
this subsection;
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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;

this section;
h. Carry, or cause to be carried, a living animal or creature in or upon a vehicle or otherwise, in a

cruel or inhumane manner;
purposes;

used or exposed, a horse or other animal having the disease known as glanders or farcy, or other
contagious or infectious disease dangerous to the health or life of human beings or animals, or
who shall, when any such disease is beyond recovery, refuse, upon demand, to deprive the
animal of life;
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along a public street or highway; or a shopping mall, or a part of the premises thereof; and keep a
living animal or creature confined, or allowed to roam in an area whether or not the area is
enclosed, on these premises as an exhibit; except that this subsection shall not be applicable to: a
pet shop licensed pursuant to P.L.1941, c. 151 (C.4:19-15.1 et seq.); a person who keeps an
turtles or chameleons under two months of age for any purpose not prohibited by subsection q. of
this section and who shall fail to provide proper facilities for the care of such animals;
creature;
v. 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;
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dog or cat, unless such fur or hair for sale or barter is from a commercial grooming establishment
or a veterinary office or clinic or is for use for scientific research;

38 or C.4:19-39);
shooting; or
appropriate, or, in the name of the municipality if brought by a certified animal control officer or
animal cruelty investigator:
meat product;
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3. EXEMPTIONS
N.J. STAT. ANN. § 4:22-16 (2009). Construction of article.
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 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 (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.
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therapist.
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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 .

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N.J. STAT. ANN. § 4:22-26.1 (2009). Confiscation, forfeiture of animal.
An officer or agent of the New Jersey Society for the Prevention of Cruelty to Animals, or a
certified animal control officer, may petition a court of competent jurisdiction to have any
animal confiscated and forfeited that is owned or possessed by a person at the time the person is
found to be guilty of violating R.S.4:22-17, R.S.4:22-18, R.S.4:22-19, R.S.4:22-20 or R.S.4:22-
23. Upon a finding that the continued possession by that person poses a threat to the animal=s
welfare, the court may, in addition to any other penalty that may be imposed for a violation of
R.S.4:22-17, R.S.4:22-18, R.S.4:22-19, R.S.4:22-20 or R.S.4:22-23, adjudge an animal forfeited
for such disposition as the court deems appropriate.
N.J. STAT. ANN. § 4:22-46 (2009). Search warrants; issuance.
Any court having jurisdiction of violations of the law in relation to cruelty to animals may issue
search warrants to enter and search buildings or places wherein it is reasonably believed that
such law is being violated.
N.J. STAT. ANN. § 4:22-50 (2009). Care of animal when person in charge arrested.
When a person arrested under the provisions of this article, is in charge of an animal at the time
of the arrest, with or without a vehicle attached, and there is no one then present, other than the
person arrested, to take charge of the property as owner or employee, the person making the
arrest may take charge thereof or request a proper person to do so.
The person making the arrest shall promptly notify the owner of the taking of the property and
its place of custody, either in person, by telephone or by mailing a notice to his last known post-
office address, and a person in charge of the property at the time of the arrest, with permission
of the owner, shall be deemed the agent of the owner to receive such notice.
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certified animal control officer, may petition a court of competent jurisdiction to have any
animal confiscated and forfeited that is owned or possessed by a person at the time the person is
found to be guilty of violating R.S.4:22-17, R.S.4:22-18, R.S.4:22-19, R.S.4:22-20 or R.S.4:22-
23. Upon a finding that the continued possession by that person poses a threat to the animal=s
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N.J. STAT. ANN. § 4:22-11.4 (2009). Powers and duties of board of trustees
The board of trustees of the New Jersey Society for the Prevention of Cruelty to Animals shall:
a. Establish any bylaws or regulations as may be deemed necessary for governance and operation
of the New Jersey Society for the Prevention of Cruelty to Animals;
b. Promote the interests of, and protect and care for, animals within the State;
c. Have the authority to grant county society for the prevention of cruelty to animals charters for
the formation of county societies for the prevention of cruelty to animals in a county;
d. Have the authority, upon a majority vote of the board of trustees, to revoke, cancel, or suspend
the charter of a county society for the prevention of cruelty to animals for the cause of failing to
comply with any requirement of this act pertaining to the establishment or operation of a county
society;
e. Appoint agents for enforcing all laws and ordinances enacted for the protection of animals
and for the investigation of alleged acts of cruelty to animals within the State; appoint agents for
commission as humane law enforcement officers in accordance with the provisions of sections 9
and 10 of P.L.2005, c. 372 (C.4:22-11.9 and C.4:22-11.10) for the purpose of enforcing all laws
and ordinances enacted for the protection of animals and for the investigation of alleged acts of
cruelty to animals within the State; appoint a Chief Humane Law Enforcement Officer from
among the appointed humane law enforcement officers; and adopt a badge which shall be
authority for making arrests;
f. Establish, or make arrangements for the provision of, mandatory annual training courses for all
humane law enforcement officers and agents of the New Jersey Society for the Prevention of
Cruelty to Animals and of the county societies, which courses shall be subject to the approval of
the Police Training Commission;
g. Make, alter, and use a common seal;
h. Have the authority to sue and be sued in all courts, and all actions brought by or against the
New Jersey Society for the Prevention of Cruelty to Animals shall be in its corporate name;
i. Purchase and hold any real estate as may be expedient for the advancement of the purposes of
the New Jersey Society for the Prevention of Cruelty to Animals, and take by devise or gift all
real estate or personal property that is devised or given to it, or to a county society in a county
where a chartered county society does not exist, without regard to value. The title to any real
estate shall be taken in the corporate name of the society;
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j. Hold in escrow any assets, after payment of any outstanding debts, of a county society that
dissolves or has its charter revoked, canceled, or suspended for any reason until a new county
society for that county is formed and chartered or the revoked, canceled, or suspended charter for
the county is restored, at which time the board of trustees shall transfer those assets to the newly
formed and chartered county society or the county society whose revoked, canceled, or
suspended charter has been restored, as the case may be; and
k. Assist persons in counties without a chartered county society to obtain a charter.
N.J. STAT. ANN. § 4:22-11.7 (2009). Powers and duties of county society
A county society for the prevention of cruelty to animals continued or established in accordance
with section 6 of P.L.2005, c. 372 (C.4:22-11.6) shall:
a. Elect its own board of trustees from the members of the county society for the prevention of
cruelty to animals who reside within the county or who choose to be affiliated with that county
society;
b. Establish bylaws or regulations necessary for the governance and operation of the county
society;
c. Enforce all laws and ordinances enacted for the protection of animals;
d. Promote the interests of, and protect and care for, animals within the State;
e. Appoint agents for enforcing all laws and ordinances enacted for the protection of animals
and for the investigation of alleged acts of cruelty to animals within the State; appoint up to, but
not more than, three agents for commission as humane law enforcement officers in accordance
with the provisions of sections 9 and 10 of P.L.2005, c. 372 (C.4:22-11.9 and C.4:22-11.10) for
the purpose of enforcing all laws and ordinances enacted for the protection of animals and for
the investigation of alleged acts of cruelty to animals within the State, and, with the concurrence
of the county prosecutor, authorize the commission of such additional humane law enforcement
officers over that established maximum as may be necessary based upon population or the
number, degree, or complexity of animal cruelty complaints; and appoint a Chief Humane Law
Enforcement Officer from among the appointed humane law enforcement officers.
f. Investigate alleged acts of cruelty to animals and, when necessary, request legal assistance
from the office of the appropriate county or municipal prosecutor, which the county or municipal
prosecutor, as the case may be, shall make every reasonable effort to provide;
g. Adopt a badge, which shall be authority for making arrests and which shall be easily
distinguishable from the badge adopted by the New Jersey Society for the Prevention of Cruelty
to Animals;
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county society shall be in its corporate name; and
the county society, and take by devise or gift all real estate or personal property that is devised or
given to it, without regard to value. The title to any real estate shall be taken in the corporate
name of the county society.
N.J. STAT. ANN. § 4:22-11.8 (2009). Training courses for humane law enforcement officers
and agents
a. Each county society for the prevention of cruelty to animals shall require that its humane law
enforcement officers and agents satisfactorily complete the training courses established
pursuant to P.L.2005, c. 372 (C.4:22-11.1 et al.).
b. Each county society shall establish training programs for the operation of the county society
in accordance with mandatory uniform standards, guidelines, and procedures established for the
operation of all county societies.
c. The board of trustees of a county society shall appoint officers who shall be responsible for
direction of the daily operation of the county society.
N.J. STAT. ANN. § 4:22-11.12 (2009). Assistance by governmental entities to humane law
enforcement officers and agents
All State, county, and municipal law enforcement agencies and all county and municipal health
agencies shall, upon request, make every reasonable effort to assist the humane law enforcement
officers and agents of a county society for the prevention of cruelty to animals or the New Jersey
Society for the Prevention of Cruelty to Animals in the enforcement of all laws and ordinances
enacted for the protection of animals.
N.J. STAT. ANN. § 4:22-44 (2009). Arrests with, without warrant.
Any humane law enforcement officer of the New Jersey Society for the Prevention of Cruelty to
Animals or of a county society for the prevention of cruelty to animals, or any sheriff,
undersheriff, constable, certified animal control officer who has been properly authorized
pursuant to section 4 of P.L.1983, c. 525 (C.4:19-15.16b) , or police officer may:
a. Make arrests for violations of this article;
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b. Arrest without warrant any person found violating the provisions of this article in the
presence of such humane law enforcement officer, sheriff, undersheriff, constable, police
officer or a certified animal control officer who has been properly authorized pursuant to
section 4 of P.L.1983, c. 525 (C.4:19-15.16b), and take such person before the nearest
judge or magistrate as provided in this article.
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12. SEXUAL ASSAULT
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13. FIGHTING
N.J. STAT. ANN. § 4:22-24 (2009). Fighting or baiting animals or creatures and related
offenses
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;
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.
A person who shall:
a.
sustenance, abuse, or needlessly kill a living animal or creature, or cause or procure any
such acts to be done;
mutilate a living animal or creature , or cause or procure any such acts to be done;
(3) Cruelly kill, or cause or procure the cruel killing of, a living animal or creature, or
otherwise cause or procure the death of a living animal or creature from commission of
any act described in paragraph (2) of this subsection;
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c. Inflict unnecessary cruelty upon a 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;

this section;

purposes;

animal of life;
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creature;
v. 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;
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38 or C.4:19-39);
shooting; or
purposes of subsection aa. or bb. of this section--
Prevention of Cruelty to Animals:
For a violation of subsections e., f., g., u., v., w., or z. of this section or of paragraph (3) of
subsection a. of this section, a sum of up to $5,000;
subsection a. of this section, a sum of up to $3,000;
For a violation of subsections x. or y. of this section, a sum of up to $1,000 for each domestic
dog or cat fur or fur or hair product or domestic dog or cat carcass or meat product;
For a violation of subsections c., d., h., j., k., aa., bb., or cc. of this section or of paragraph (1) of
subsection a. of this section, a sum of up to $1,000; and
For a violation of subsections i., m., n., o., p., q., r., or s. of this section, a sum of up to $500.
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N.J. STAT. ANN. § 4:22-47 (2009). Entry, arrests and seizures in building where violations of
§ 4:22- 24 exist
A sheriff, undersheriff, constable, police officer, certified animal control officer who has been
properly authorized pursuant to section 4 of P.L.1983, c. 525 (C.4:19-15.16b) , or humane law
enforcement officer of the New Jersey Society for the Prevention of Cruelty to Animals or of a
county society for the prevention of cruelty to animals, may enter any building or place where
there is an exhibition of the fighting or baiting of a living animal or creature, where
preparations are being made for such an exhibition, or where a violation otherwise of R.S. 4:22-
24 is occurring, arrest without warrant all persons there present, and take possession of all
living animals or creatures engaged in fighting or there found and all implements or appliances
used or to be used in such exhibition.
N.J. STAT. ANN. § 4:22-48 (2009). Forfeiture of creatures and articles seized under § 4:22-
47; costs payable by owner
The person seizing animals, creatures, implements or appliances as authorized in section 4:22-
47 of this Title, shall, within 24 hours thereafter, apply to a court of competent jurisdiction to
have the same forfeited and sold.
If, upon the hearing of the application, it is found and adjudged that at the time of the seizure the
animals, creatures, implements or appliances were engaged or used in violation of section 4:22-
47 or paragraphs "e," "f," "g," "u," "v," or "w" of section 4:22-26 of this Title, or were owned,
possessed or kept with the intent that they should be so engaged or used, they shall be adjudged
forfeited, and the court shall order the same sold in such manner as it shall deem proper, and
after deducting the costs and expenses, shall dispose of the proceeds as provided in section 4:22-
55 of this Title.
A bird or animal found or adjudged to be of no use or value may be liberated or disposed of as

directed by the court.
The costs of sheltering, caring for, treating, and if necessary, destroying an animal or creature,
including veterinary expenses therefor, until the animal or creature is adjudged forfeited and
sold, liberated, or disposed of pursuant to this section shall be borne by the owner of the animal
or creature.
A creature or property which is adjudged not forfeited shall be returned to the owner, and the
person making the seizure shall pay all costs and expenses thereof.
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N.J. STAT. ANN. § 4:22-48.1 (2009). Owner to bear expenses
a. A person authorized to take possession of a living animal or creature pursuant to R.S. 4:22-47
may provide such shelter, care, and treatment therefor, including veterinary care and treatment,
that is reasonably necessary, the costs of which shall be borne by the owner of the seized animal
or creature.
b. Notwithstanding the provisions of R.S. 4:22-48 to the contrary, a person seizing a living
animal or creature pursuant to R.S. 4:22-47 may destroy it before it is adjudged forfeited if the
animal or creature is thought to be beyond reasonable hope of recovery, the cost of which
destruction shall be borne by the owner of the seized animal or creature. A person destroying an
animal or creature pursuant to the authority of this subsection shall not be liable therefor to the
owner of the animal or creature.
N.J. STAT. ANN. § 4:22-48.2 (2009). Confiscated animals; costs of care and treatment
The costs of sheltering, caring for, or treating any animal that has been confiscated from a
person arrested pursuant to the provisions of R.S.4:22-47 by an agent of the New Jersey Society
for the Prevention of Cruelty to Animals, or any other person authorized to make an arrest
pursuant to article 2 of chapter 22 of Title 4 of the Revised Statutes, until the animal is adjudged
forfeited or until the animal is returned to the owner, shall be borne by the owner of the animal.
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N.J. STAT. ANN. § 2C:43-3 (2009). Fines and Restitutions
A person who has been convicted of an offense may be sentenced to pay a fine, to make
restitution, or both, such fine not to exceed:
a.
(1) $200,000.00 when the conviction is of a crime of the first degree;
(2) $150,000.00 when the conviction is of a crime of the second degree;
b.
(1) $15,000.00 when the conviction is of a crime of the third degree;
(2) $10,000.00 when the conviction is of a crime of the fourth degree;
c. $1,000.00, when the conviction is of a disorderly persons offense;
d. $500.00, when the conviction is of a petty disorderly persons offense;
e. Any higher amount equal to double the pecuniary gain to the offender or loss to the victim
caused by the conduct constituting the offense by the offender. In such case the court shall make
a finding as to the amount of the gain or loss, and if the record does not contain sufficient
evidence to support such a finding the court may conduct a hearing upon the issue. For purposes
of this section the term "gain" means the amount of money or the value of property derived by
the offender and "loss" means the amount of value separated from the victim or the amount of
any payment owed to the victim and avoided or evaded and includes any reasonable and
necessary expense incurred by the owner in recovering or replacing lost, stolen or damaged
property or recovering any payment avoided or evaded, and, with respect to property of a
research facility, includes the cost of repeating an interrupted or invalidated experiment or loss
of profits. The term "victim" shall mean a person who suffers a personal physical or
psychological injury or death or incurs loss of or injury to personal or real property as a result of
a crime committed against that person, or in the case of a homicide, the nearest relative of the
victim. The terms "gain" and "loss" shall also mean, where appropriate, the amount of any tax,
fee, penalty and interest avoided, evaded, or otherwise unpaid or improperly retained or disposed
of;
f. Any higher amount specifically authorized by another section of this code or any other statute;
g. Up to twice the amounts authorized in subsection a., b., c. or d. of this section, in the case of a
second or subsequent conviction of any tax offense defined in Title 54 of the Revised Statutes or
Title 54A of the New Jersey Statutes, as amended and supplemented, or of any offense defined
in chapter 20 or 21 of this code;
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h. In the case of violations of chapter 35, any higher amount equal to three times the street value
of the controlled dangerous substance or controlled substance analog. The street value for
purposes of this section shall be determined pursuant to subsection e. of N.J.S.2C:44-2.
The restitution ordered paid to the victim shall not exceed the victim's loss, except that in any
case involving the failure to pay any State tax, the amount of restitution to the State shall be the
full amount of the tax avoided or evaded, including full civil penalties and interest as provided
by law. In any case where the victim of the offense is any department or division of State
government, the court shall order restitution to the victim. Any restitution imposed on a person
shall be in addition to any fine which may be imposed pursuant to this section.
N.J. STAT. ANN. § 2C:43-6 (2009). Sentence of imprisonment for crime; ordinary terms;
mandatory terms
a. Except as otherwise provided, a person who has been convicted of a crime may be sentenced
to imprisonment, as follows:
(1) In the case of a crime of the first degree, for a specific term of years which shall be
fixed by the court and shall be between 10 years and 20 years;
(2) In the case of a crime of the second degree, for a specific term of years which shall be
fixed by the court and shall be between five years and 10 years;
(3) In the case of a crime of the third degree, for a specific term of years which shall be
fixed by the court and shall be between three years and five years;
(4) In the case of a crime of the fourth degree, for a specific term which shall be fixed by
the court and shall not exceed 18 months.
b. As part of a sentence for any crime, where the court is clearly convinced that the aggravating
factors substantially outweigh the mitigating factors, as set forth in subsections a. and b. of
2C:44-1, or the court finds that the aggravating factor set forth in paragraph (5) of subsection a.
of N.J.S.2C:44-1 applies, the court may fix a minimum term not to exceed one-half of the term
set pursuant to subsection a., or one-half of the term set pursuant to a maximum period of
incarceration for a crime set forth in any statute other than this code, during which the defendant
shall not be eligible for parole; provided that no defendant shall be eligible for parole at a date
earlier than otherwise provided by the law governing parole.
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c. A person who has been convicted under subsection b. or d. of N.J.S.2C:39-3, subsection a. of
N.J.S.2C:39-4, subsection a. of section 1 of P.L.1998, c.26 (C.2C:39-4.1), subsection a., b. or c.
of N.J.S.2C:39-5, subsection a. or paragraph (2) or (3) of subsection b. of section 6 of P.L.1979,
c.179 (C.2C:39-7), or subsection a., b., e. or g. of N.J.S.2C:39-9, or of a crime under any of the
following sections: 2C:11-3, 2C:11-4, 2C:12-1 b., 2C:13-1, 2C:14-2 a., 2C:14-3 a., 2C:15-1,
2C:18-2, 2C:29-5, who, while in the course of committing or attempting to commit the crime,
including the immediate flight therefrom, used or was in possession of a firearm as defined in
2C:39-1 f., shall be sentenced to a term of imprisonment by the court. The term of imprisonment
shall include the imposition of a minimum term. The minimum term shall be fixed at, or
between, one-third and one-half of the sentence imposed by the court or three years, whichever
is greater, or 18 months in the case of a fourth degree crime, during which the defendant shall be
ineligible for parole.
presumptive terms of imprisonment pursuant to 2C:44-1 f.(1) except in cases of crimes of the
fourth degree.
A person who has been convicted of an offense enumerated by this subsection and who used or
possessed a firearm during its commission, attempted commission or flight therefrom and who
has been previously convicted of an offense involving the use or possession of a firearm as
defined in 2C:44-3 d., shall be sentenced by the court to an extended term as authorized by
2C:43-7 c., notwithstanding that extended terms are ordinarily discretionary with the court.
d. The court shall not impose a mandatory sentence pursuant to subsection c. of this section,
2C:43-7 c. or 2C:44-3 d., unless the ground therefor has been established at a hearing. At the
hearing, which may occur at the time of sentencing, the prosecutor shall establish by a
preponderance of the evidence that the weapon used or possessed was a firearm. In making its
finding, the court shall take judicial notice of any evidence, testimony or information adduced at
the trial, plea hearing, or other court proceedings and shall also consider the presentence report
and any other relevant information.
e. A person convicted of a third or subsequent offense involving State taxes under N.J.S.2C:20-
9, N.J.S.2C:21-15, any other provision of this code, or under any of the provisions of Title 54 of
the Revised Statutes, or Title 54A of the New Jersey Statutes, as amended and supplemented,
shall be sentenced to a term of imprisonment by the court. This shall not preclude an application
for and imposition of an extended term of imprisonment under N.J.S.2C:44-3 if the provisions of
that section are applicable to the offender.
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f. A person convicted of manufacturing, distributing, dispensing or possessing with intent to
distribute any dangerous substance or controlled substance analog under N.J.S.2C:35-5, of
maintaining or operating a controlled dangerous substance production facility under
N.J.S.2C:35-4, of employing a juvenile in a drug distribution scheme under N.J.S.2C:35-6,
leader of a narcotics trafficking network under N.J.S.2C:35-3, or of distributing, dispensing or
possessing with intent to distribute on or near school property or buses under section 1 of
P.L.1987, c.101 (C.2C:35-7), who has been previously convicted of manufacturing, distributing,
dispensing or possessing with intent to distribute a controlled dangerous substance or controlled
substance analog, shall upon application of the prosecuting attorney be sentenced by the court to
an extended term as authorized by subsection c. of N.J.S.2C:43-7, notwithstanding that extended
terms are ordinarily discretionary with the court. The term of imprisonment shall, except as may
be provided in N.J.S.2C:35-12, include the imposition of a minimum term. The minimum term
shall be fixed at, or between, one-third and one-half of the sentence imposed by the court or
three years, whichever is greater, not less than seven years if the person is convicted of a
violation of N.J.S.2C:35-6, or 18 months in the case of a fourth degree crime, during which the
defendant shall be ineligible for parole.
The court shall not impose an extended term pursuant to this subsection unless the ground
therefor has been established at a hearing. At the hearing, which may occur at the time of
sentencing, the prosecutor shall establish the ground therefor by a preponderance of the
evidence. In making its finding, the court shall take judicial notice of any evidence, testimony or
information adduced at the trial, plea hearing, or other court proceedings and shall also consider
the presentence report and any other relevant information.
For the purpose of this subsection, a previous conviction exists where the actor has at any time
been convicted under chapter 35 of this title or Title 24 of the Revised Statutes or under any
similar statute of the United States, this State, or any other state for an offense that is
substantially equivalent to N.J.S.2C:35-3, N.J.S.2C:35-4, N.J.S.2C:35-5, N.J.S.2C:35-6 or
section 1 of P.L.1987, c.101 (C.2C:35-7).
g. Any person who has been convicted under subsection a. of N.J.S.2C:39-4 or of a crime under
any of the following sections: N.J.S.2C:11-3, N.J.S.2C:11-4, N.J.S.2C:12-1 b., N.J.S.2C:13-1,
N.J.S.2C:14-2 a., N.J.S.2C:14-3 a., N.J.S.2C:15-1, N.J.S.2C:18-2, N.J.S.2C:29-5, N.J.S.2C:35-5
who, while in the course of committing or attempting to commit the crime, including the
immediate flight therefrom, used or was in possession of a machine gun or assault firearm shall
be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the
imposition of a minimum term. The minimum term shall be fixed at 10 years for a crime of the
first or second degree, five years for a crime of the third degree, or 18 months in the case of a
fourth degree crime, during which the defendant shall be ineligible for parole.
presumptive terms of imprisonment pursuant to paragraph (1) of subsection f. of N.J.S.2C:44-1
for crimes of the first degree.
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A person who has been convicted of an offense enumerated in this subsection and who used or
possessed a machine gun or assault firearm during its commission, attempted commission or
flight therefrom and who has been previously convicted of an offense involving the use or
possession of any firearm as defined in subsection d. of N.J.S.2C:44-3, shall be sentenced by the
court to an extended term as authorized by subsection d. of N.J.S.2C:43-7, notwithstanding that
extended terms are ordinarily discretionary with the court.
h. The court shall not impose a mandatory sentence pursuant to subsection g. of this section,
subsection d. of N.J.S.2C:43-7 or N.J.S.2C:44-3, unless the ground therefor has been established
at a hearing. At the hearing, which may occur at the time of sentencing, the prosecutor shall
establish by a preponderance of the evidence that the weapon used or possessed was a machine
gun or assault firearm. In making its finding, the court shall take judicial notice of any evidence,
testimony or information adduced at the trial, plea hearing, or other court proceedings and shall
also consider the presentence report and any other relevant information.
i. A person who has been convicted under paragraph (6) of subsection b. of 2C:12-1 of causing
bodily injury while eluding shall be sentenced to a term of imprisonment by the court. The term
of imprisonment shall include the imposition of a minimum term. The minimum term shall be
fixed at, or between one-third and one-half of the sentence imposed by the court. The minimum
term established by this subsection shall not prevent the court from imposing a presumptive term
of imprisonment pursuant to paragraph (1) of subsection f. of 2C:44-1.
N.J. STAT. ANN. § 4:22-11.4 (2009). Powers and duties of board of trustees
The board of trustees of the New Jersey Society for the Prevention of Cruelty to Animals shall:
a. Establish any bylaws or regulations as may be deemed necessary for governance and operation
of the New Jersey Society for the Prevention of Cruelty to Animals;
b. Promote the interests of, and protect and care for, animals within the State;
c. Have the authority to grant county society for the prevention of cruelty to animals charters for
the formation of county societies for the prevention of cruelty to animals in a county;
d. Have the authority, upon a majority vote of the board of trustees, to revoke, cancel, or suspend
the charter of a county society for the prevention of cruelty to animals for the cause of failing to
comply with any requirement of this act pertaining to the establishment or operation of a county
society;
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e. Appoint agents for enforcing all laws and ordinances enacted for the protection of animals and
for the investigation of alleged acts of cruelty to animals within the State; appoint agents for
commission as humane law enforcement officers in accordance with the provisions of sections 9
and 10 of P.L.2005, c. 372 (C.4:22-11.9 and C.4:22-11.10) for the purpose of enforcing all laws
and ordinances enacted for the protection of animals and for the investigation of alleged acts of
cruelty to animals within the State; appoint a Chief Humane Law Enforcement Officer from
among the appointed humane law enforcement officers; and adopt a badge which shall be
authority for making arrests;
f. Establish, or make arrangements for the provision of, mandatory annual training courses for all
humane law enforcement officers and agents of the New Jersey Society for the Prevention of
Cruelty to Animals and of the county societies, which courses shall be subject to the approval of
the Police Training Commission;
g. Make, alter, and use a common seal;
New Jersey Society for the Prevention of Cruelty to Animals shall be in its corporate name;
the New Jersey Society for the Prevention of Cruelty to Animals, and take by devise or gift all
real estate or personal property that is devised or given to it, or to a county society in a county
where a chartered county society does not exist, without regard to value. The title to any real
estate shall be taken in the corporate name of the society;
j. Hold in escrow any assets, after payment of any outstanding debts, of a county society that
dissolves or has its charter revoked, canceled, or suspended for any reason until a new county
society for that county is formed and chartered or the revoked, canceled, or suspended charter for
the county is restored, at which time the board of trustees shall transfer those assets to the newly
formed and chartered county society or the county society whose revoked, canceled, or
suspended charter has been restored, as the case may be; and
k. Assist persons in counties without a chartered county society to obtain a charter.
N.J. STAT. ANN. § 4:22-11.7 (2009). Powers and duties of county society
A county society for the prevention of cruelty to animals continued or established in accordance
with section 6 of P.L.2005, c. 372 (C.4:22-11.6) shall:
a. Elect its own board of trustees from the members of the county society for the prevention of
cruelty to animals who reside within the county or who choose to be affiliated with that county
society;
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b. Establish bylaws or regulations necessary for the governance and operation of the county
society;
c. Enforce all laws and ordinances enacted for the protection of animals;
d. Promote the interests of, and protect and care for, animals within the State;
e. Appoint agents for enforcing all laws and ordinances enacted for the protection of animals and
for the investigation of alleged acts of cruelty to animals within the State; appoint up to, but not
more than, three agents for commission as humane law enforcement officers in accordance with
the provisions of sections 9 and 10 of P.L.2005, c. 372 (C.4:22-11.9 and C.4:22-11.10) for the
purpose of enforcing all laws and ordinances enacted for the protection of animals and for the
investigation of alleged acts of cruelty to animals within the State, and, with the concurrence of
the county prosecutor, authorize the commission of such additional humane law enforcement
officers over that established maximum as may be necessary based upon population or the
number, degree, or complexity of animal cruelty complaints; and appoint a Chief Humane Law
Enforcement Officer from among the appointed humane law enforcement officers.
f. Investigate alleged acts of cruelty to animals and, when necessary, request legal assistance
from the office of the appropriate county or municipal prosecutor, which the county or municipal
prosecutor, as the case may be, shall make every reasonable effort to provide;
g. Adopt a badge, which shall be authority for making arrests and which shall be easily
distinguishable from the badge adopted by the New Jersey Society for the Prevention of Cruelty
to Animals;
county society shall be in its corporate name; and
the county society, and take by devise or gift all real estate or personal property that is devised or
given to it, without regard to value. The title to any real estate shall be taken in the corporate
name of the county society.
N.J. STAT. ANN. § 4:22-11.8 (2009). Training courses for humane law enforcement officers
and agents
a. Each county society for the prevention of cruelty to animals shall require that its humane law
enforcement officers and agents satisfactorily complete the training courses established pursuant
to P.L.2005, c. 372 (C.4:22-11.1 et al.).
b. Each county society shall establish training programs for the operation of the county society in
accordance with mandatory uniform standards, guidelines, and procedures established for the
operation of all county societies.
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c. The board of trustees of a county society shall appoint officers who shall be responsible for
direction of the daily operation of the county society.
N.J. STAT. ANN. § 4:22-11.12 (2009). Assistance by governmental entities to humane law
enforcement officers and agents
All State, county, and municipal law enforcement agencies and all county and municipal health
agencies shall, upon request, make every reasonable effort to assist the humane law enforcement
officers and agents of a county society for the prevention of cruelty to animals or the New Jersey
Society for the Prevention of Cruelty to Animals in the enforcement of all laws and ordinances
enacted for the protection of animals.
N.J. STAT. ANN. § 4:22-15 (2009). Definitions.
As used in this article:
AAnimal@ or Acreature@ includes the whole brute creation.
AOwner@ or Aperson@ includes a corporation, and the knowledge and acts of an agent or employee
of a corporation in regard to animals transported, owned, employed or in the custody of the
corporation shall be imputed to the corporation.
N.J. STAT. ANN. § 4:22-16 (2009). Construction of article.
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 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;
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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 (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.


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therapist.
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.
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A person who shall:


any other manner except by a method of euthanasia generally accepted by the veterinary medical
profession as being reliable, appropriate to the type of animal upon which it is to be employed,
and capable of producing loss of consciousness and death as rapidly and painlessly as possible
for such animal shall, in the case of a violation of subsection a., be guilty of a disorderly persons
offense and shall be punished as provided in subsection a. of R.S.4:22-17; or, in the case of a
violation of subsection b., be subject to a penalty of $25 for the first offense and $50 for each
subsequent offense. Each animal destroyed in violation of subsection b. shall constitute a
separate offense. The penalty shall be collected in accordance with the "Penalty Enforcement
Law of 1999," P.L.1999, c. 274 (C.2A:58-10 et seq.) and all money collected shall be remitted to
the State.
notwithstanding.
N.J. STAT. ANN. § 4:22-19.4 (2009). Penalty.
A person who violates this act shall be subject to a penalty of $25.00 for the first offense and
$50.00 for each subsequent offense, to be collected in a civil action by a summary proceeding
under Athe penalty enforcement law@ (N.J. STAT. § 2A:58-1 et seq.). Each animal destroyed in
violation of this act shall constitute a separate offense. The Superior Court shall have jurisdiction
to enforce Athe penalty enforcement law.@
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N.J. STAT. ANN. § 4:22-24 (2009). Fighting or baiting animals or creatures and related
offenses
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;
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.
A person who shall:
a.
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;
mutilate a living animal or creature, or 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;
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living animal or creature, or otherwise cause or procure, by any direct or indirect means,
including but not limited to through the use of another living animal or creature, the death
of a living animal or creature from commission of any act described in paragraph (2) of
this subsection;
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;

this section;

purposes;

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animal of life;
creature;
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v. 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;

38 or C.4:19-39);
shooting; or
appropriate, or, in the name of the municipality if brought by a certified animal control officer or
animal cruelty investigator:
meat product;
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certified animal control officer, may petition a court of competent jurisdiction to have any animal
confiscated and forfeited that is owned or possessed by a person at the time the person is found
to be guilty of violating R.S.4:22-17, R.S.4:22-18, R.S.4:22-19, R.S.4:22-20 or R.S.4:22-23.
Upon a finding that the continued possession by that person poses a threat to the animal=s
N.J. STAT. ANN. § 4:22-44 (2009). Arrests with, without warrant.
Any humane law enforcement officer of the New Jersey Society for the Prevention of Cruelty to
Animals or of a county society for the prevention of cruelty to animals, or any sheriff,
undersheriff, constable, certified animal control officer who has been properly authorized
pursuant to section 4 of P.L.1983, c. 525 (C.4:19-15.16b) , or police officer may:
a. Make arrests for violations of this article;
b. Arrest without warrant any person found violating the provisions of this article in the
presence of such humane law enforcement officer, sheriff, undersheriff, constable, police
officer or a certified animal control officer who has been properly authorized pursuant to
section 4 of P.L.1983, c. 525 (C.4:19-15.16b), and take such person before the nearest
judge or magistrate as provided in this article.
N.J. STAT. ANN. § 4:22-46 (2009). Search warrants; issuance.
Any court having jurisdiction of violations of the law in relation to cruelty to animals may issue
search warrants to enter and search buildings or places wherein it is reasonably believed that
such law is being violated.
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N.J. STAT. ANN. § 4:22-47 (2009). Entry, arrests and seizures in building where violations of
§ 4:22- 24 exist
A sheriff, undersheriff, constable, police officer, certified animal control officer who has been
properly authorized pursuant to section 4 of P.L.1983, c. 525 (C.4:19-15.16b) , or humane law
enforcement officer of the New Jersey Society for the Prevention of Cruelty to Animals or of a
county society for the prevention of cruelty to animals, may enter any building or place where
there is an exhibition of the fighting or baiting of a living animal or creature, where preparations
are being made for such an exhibition, or where a violation otherwise of R.S. 4:22-24 is
occurring, arrest without warrant all persons there present, and take possession of all living
animals or creatures engaged in fighting or there found and all implements or appliances used or
to be used in such exhibition.
N.J. STAT. ANN. § 4:22-48 (2009). Forfeiture of creatures and articles seized under § 4:22-
47; costs payable by owner
The person seizing animals, creatures, implements or appliances as authorized in section 4:22-47
of this Title, shall, within 24 hours thereafter, apply to a court of competent jurisdiction to have
the same forfeited and sold.
If, upon the hearing of the application, it is found and adjudged that at the time of the seizure the
animals, creatures, implements or appliances were engaged or used in violation of section 4:22-
47 or paragraphs "e," "f," "g," "u," "v," or "w" of section 4:22-26 of this Title, or were owned,
possessed or kept with the intent that they should be so engaged or used, they shall be adjudged
forfeited, and the court shall order the same sold in such manner as it shall deem proper, and
after deducting the costs and expenses, shall dispose of the proceeds as provided in section 4:22-
55 of this Title.
A bird or animal found or adjudged to be of no use or value may be liberated or disposed of as

directed by the court.
The costs of sheltering, caring for, treating, and if necessary, destroying an animal or creature,
including veterinary expenses therefor, until the animal or creature is adjudged forfeited and
sold, liberated, or disposed of pursuant to this section shall be borne by the owner of the animal
or creature.
A creature or property which is adjudged not forfeited shall be returned to the owner, and the
person making the seizure shall pay all costs and expenses thereof.
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N.J. STAT. ANN. § 4:22-48.1 (2009). Owner to bear expenses
a. A person authorized to take possession of a living animal or creature pursuant to R.S. 4:22-47
may provide such shelter, care, and treatment therefor, including veterinary care and treatment,
that is reasonably necessary, the costs of which shall be borne by the owner of the seized animal
or creature.
b. Notwithstanding the provisions of R.S. 4:22-48 to the contrary, a person seizing a living
animal or creature pursuant to R.S. 4:22-47 may destroy it before it is adjudged forfeited if the
animal or creature is thought to be beyond reasonable hope of recovery, the cost of which
destruction shall be borne by the owner of the seized animal or creature. A person destroying an
animal or creature pursuant to the authority of this subsection shall not be liable therefor to the
owner of the animal or creature.
N.J. STAT. ANN. § 4:22-48.2 (2009). Confiscated animals; costs of care and treatment
The costs of sheltering, caring for, or treating any animal that has been confiscated from a person
arrested pursuant to the provisions of R.S.4:22-47 by an agent of the New Jersey Society for the
Prevention of Cruelty to Animals, or any other person authorized to make an arrest pursuant to
article 2 of chapter 22 of Title 4 of the Revised Statutes, until the animal is adjudged forfeited or
until the animal is returned to the owner, shall be borne by the owner of the animal.
N.J. STAT. ANN. § 4:22-50 (2009). Care of animal when person in charge arrested.
When a person arrested under the provisions of this article, is in charge of an animal at the time
of the arrest, with or without a vehicle attached, and there is no one then present, other than the
person arrested, to take charge of the property as owner or employee, the person making the
arrest may take charge thereof or request a proper person to do so.
The person making the arrest shall promptly notify the owner of the taking of the property and
its place of custody, either in person, by telephone or by mailing a notice to his last known post-
office address, and a person in charge of the property at the time of the arrest, with permission of
the owner, shall be deemed the agent of the owner to receive such notice.
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ANIMAL PROTECTION LAWS OF NEW MEXICO
ANIMAL PROTECTION LAWS OF NEW MEXICO
2. PENALTIES
3. EXEMPTIONS
12. SEXUAL ASSAULT
13. FIGHTING
This chapter contains New Mexico’s general animal protection and related statutes enacted prior to November 2009. It
New Mexico may employ similar provisions within other non-animal-specific criminal and civil statutes; may have other

USA Map
NEW MEXICO

Cruelty to animals
N.M. STAT. ANN. §§ 30-18-1(A)-(D)
(2)
Extreme cruelty to animals
N.M. STAT. ANN. §§ 30-18-1(E)-(F)
(3)
Injury to livestock
N.M. STAT. ANN. § 30-18-12
Animals Covered in Definition A>Animal= does not include insect or reptiles@

N.M. STAT. ANN. § 30-18-1

[1st offense]:
Misdemeanor
[4th and subsequent offenses]:

4th degree felony
----------
(2)
4th degree felony
----------
(3)
4th degree felony
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NEW MEXICO continued

[1st offense]:
1 year county jail
and/or
$1000 fine
N.M. STAT. ANN. § 31-19-1
[4th and subsequent offenses]:

and
$5,000 fine
N.M. STAT. ANN. § 31-18-15
----------
(2), (3)
and
$5,000 fine
N.M. STAT. ANN. § 31-18-15
3. EXEMPTIONS *** 1, 2, 3, 4, 6, 7, 9
N.M. STAT. ANN. § 30-18-1(B),(H)-(J)
3
N.M. STAT. ANN. § 30-18-10
4. COUNSELING / EVALUATIONS H Court may order adult violators to participate

in counseling; mandatory for child violators
N.M. STAT. ANN. §§ 30-18-1(G),(H)
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6. RESTITUTION / REIMBURSEMENT Upon petition, the court may order defendant

H
to post a security for costs of care for seized
animals
N.M. STAT. ANN. § 30-18-1.2
Upon conviction, court may order defendant
to pay costs of care for seized animal, offset
by any posted security. However, in the
absence of a conviction, the seizing agency
shall bear the costs of care of the animal
during the pendency of the proceedings, and
return all of the security posted
N.M. STAT. ANN. § 30-18-1.3
Court shall pay costs of care for seized
livestock paid from proceeds of sale of
cruelly treated livestock; former owner is
liable for any deficiency
N.M. STAT. ANN. § 77-18-2
7. SEIZURE / ON-SITE SUPERVISION Peace officer who believes an animal is

endangered due to cruel treatment may apply
and receive a warrant allowing seizure
N.M. STAT. ANN. § 30-18-1.1
Special seizure procedures for livestock
N.M. STAT. ANN. § 77-18-2
8. FORFEITURE / POSSESSION H If the defendant fails to post an ordered

security within 15 days after issuance, the
animal may be deemed abandoned and
relinquished for adoption or humane
destruction. Upon conviction, the court shall
order the mistreated animal forfeited
N.M. STAT. ANN. § 30-18-1.2
If the court does not order a security to be
posted and, at a post-seizure hearing,
determines that an owner has cruelly-treated
livestock, the court shall order their sale
N.M. STAT. ANN. § 77-18-2
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11. LAW ENFORCEMENT POLICIES Peace officers and livestock inspectors may
be issued warrants to seize mistreated animals
N.M. STAT. ANN. §§ 30-18-1.1(A),
77-18-2(A)
Each municipality and county shall designate

a animal control officer who shall be
deputized to enforce animal control laws
N.M. STAT. ANN. § 77-1-15.1(B)
13. FIGHTING Various dogfighting activities are fourth

degree felonies; various cockfighting
activities are petty misdemeanors on 1st
offense, misdemeanors on 2nd offense, and
fourth degree felonies on subsequent offenses
N.M. STAT. ANN. § 30-18-9
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N.M. STAT. ANN. § 30-18-1 (2009). 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 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.
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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. § 30-18-12 (2009). Injury to livestock
A. Injury to livestock consists of willfully and maliciously poisoning, killing or injuring livestock
that is the property of another.
B. As used in this section, Alivestock@ means cattle, sheep, buffalo, horses, mules, goats, swine
and ratites.
C. Whoever commits injury to livestock is guilty of a fourth degree felony.
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2. PENALTIES

animal; or

(2) protecting a person or animal from death or injury due to an attack by another animal.

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1978;
1978;

K. The provisions of this section shall not be interpreted to prohibit cockfighting in New
Mexico.
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N.M. STAT. ANN. § 31-18-15 (2009). Sentencing authority; noncapital felonies; basic
sentences and fines; parole authority; meritorious deductions
A. If a person is convicted of a noncapital felony, the basic sentence of imprisonment is as

follows:
(1) for a first degree felony resulting in the death of a child, life imprisonment;
(2) for a first degree felony for aggravated criminal sexual penetration, life imprisonment;
(3) for a first degree felony, eighteen years imprisonment;
(4) for a second degree felony resulting in the death of a human being, fifteen years
imprisonment;
(5) for a second degree felony for a sexual offense against a child, fifteen years
imprisonment;
(6) for a second degree felony, nine years imprisonment;
(7) for a third degree felony resulting in the death of a human being, six years
imprisonment;
(8) for a third degree felony for a sexual offense against a child, six years imprisonment;
(9) for a third degree felony, three years imprisonment; or
(10) for a fourth degree felony, eighteen months imprisonment.
B. The appropriate basic sentence of imprisonment shall be imposed upon a person convicted
and sentenced pursuant to Subsection A of this section, unless the court alters the sentence
pursuant to the provisions of the Criminal Sentencing Act.
C. The court shall include in the judgment and sentence of each person convicted and sentenced
to imprisonment in a corrections facility designated by the corrections department authority for a
period of parole to be served in accordance with the provisions of Section 31-21-10 NMSA 1978
after the completion of any actual time of imprisonment and authority to require, as a condition
of parole, the payment of the costs of parole services and reimbursement to a law enforcement
agency or local crime stopper program in accordance with the provisions of that section. The
period of parole shall be deemed to be part of the sentence of the convicted person in addition to
the basic sentence imposed pursuant to Subsection A of this section together with alterations, if
any, pursuant to the provisions of the Criminal Sentencing Act.
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D. When a court imposes a sentence of imprisonment pursuant to the provisions of Section 31-
18-15.1, 31-18-16, 31-18-16.1 or 31-18-17 NMSA 1978 and suspends or defers the basic
sentence of imprisonment provided pursuant to the provisions of Subsection A of this section,
the period of parole shall be served in accordance with the provisions of Section 31-21-10
NMSA 1978 for the degree of felony for the basic sentence for which the inmate was convicted.
For the purpose of designating a period of parole, a court shall not consider that the basic
sentence of imprisonment was suspended or deferred and that the inmate served a period of
imprisonment pursuant to the provisions of the Criminal Sentencing Act.
E. The court may, in addition to the imposition of a basic sentence of imprisonment, impose a
fine not to exceed:
(1) for a first degree felony resulting in the death of a child, seventeen thousand five
hundred dollars ($17,500);
(2) for a first degree felony for aggravated criminal sexual penetration, seventeen
thousand five hundred dollars ($17,500);
(3) for a first degree felony, fifteen thousand dollars ($15,000);
(4) for a second degree felony resulting in the death of a human being, twelve thousand
five hundred dollars ($12,500);
(5) for a second degree felony for a sexual offense against a child, twelve thousand five
(6) for a second degree felony, ten thousand dollars ($10,000);
(7) for a third degree felony resulting in the death of a human being, five thousand dollars
($5,000);
(8) for a third degree felony for a sexual offense against a child, five thousand dollars
($5,000); or
(9) for a third or fourth degree felony, five thousand dollars ($5,000).
F. When the court imposes a sentence of imprisonment for a felony offense, the court shall
indicate whether or not the offense is a serious violent offense, as defined in Section 33-2-34
NMSA 1978. The court shall inform an offender that the offender's sentence of imprisonment is
subject to the provisions of Sections 33-2-34, 33-2-36, 33-2-37 and 33-2-38 NMSA 1978. If the
court fails to inform an offender that the offender's sentence is subject to those provisions or if
the court provides the offender with erroneous information regarding those provisions, the
failure to inform or the error shall not provide a basis for a writ of habeas corpus.
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G. No later than October 31 of each year, the New Mexico sentencing commission shall provide
a written report to the secretary of corrections, all New Mexico criminal court judges, the
administrative office of the district attorneys and the chief public defender. The report shall
specify the average reduction in the sentence of imprisonment for serious violent offenses and
nonviolent offenses, as defined in Section 33-2-34 NMSA 1978, due to meritorious deductions
earned by prisoners during the previous fiscal year pursuant to the provisions of Sections 33-2-
34, 33-2-36, 33-2-37 and 33-2-38 NMSA 1978. The corrections department shall allow the
commission access to documents used by the department to determine earned meritorious
deductions for prisoners.
N.M. STAT. ANN. § 31-19-1 (2009). Sentencing authority; misdemeanors; imprisonment and
fines; probation.
A. Where the defendant has been convicted of a crime constituting a misdemeanor, the judge
shall sentence the person to be imprisoned in the county jail for a definite term less than one
year or to the payment of a fine of not more than one thousand dollars ($1,000) or to both such
imprisonment and fine in the discretion of the judge.
B. Where the defendant has been convicted of a crime constituting a petty misdemeanor, the
judge shall sentence the person to be imprisoned in the county jail for a definite term not to
exceed six months or to the payment of a fine of not more than five hundred dollars ($500) or to
both such imprisonment and fine in the discretion of the judge.
C. When the court has deferred or suspended sentence, it shall order the defendant placed on
supervised or unsupervised probation for all or some portion of the period of deferment or
suspension.
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3. EXEMPTIONS

animal; or

(2) protecting a person or animal from death or injury due to an attack by another
animal.

NM-14
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1978;
1978;

N.M. STAT. ANN. § 30-18-10 (2009). 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.
NM-15
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animal; or


NM-16
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1978;
1978;

NM-17
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-----
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N.M. STAT. ANN. § 30-18-1.2 (2009). Disposition of seized animals
A. If the court finds that a seized animal is not being cruelly treated and that the animal's owner
is able to provide for the animal adequately, the court shall return the animal to its owner.
B. If the court finds that a seized animal is being cruelly treated or that the animal's owner is
unable to provide for the animal adequately, the court shall hold a hearing to determine the
disposition of the animal.
C. An agent of the New Mexico livestock board, an animal control agency operated by the state,
a county or a municipality, or an animal shelter or other animal welfare organization designated
by an animal control agency or an animal shelter, in the custody of which an animal that has
been cruelly treated has been placed may petition the court to request that the animal's owner
may be ordered to post security with the court to indemnify the costs incurred to care and
provide for the seized animal pending the disposition of any criminal charges of committing
cruelty to animals pending against the animal's owner.
D. The court shall determine the amount of security while taking into consideration all of the
circumstances of the case including the owner's ability to pay, and may conduct periodic reviews
of its order. If the posting of security is ordered, the animal control agency, animal shelter or
animal welfare organization may, with permission of the court, draw from the security to
indemnify the costs incurred to care and provide for the seized animal pending disposition of the
criminal charges.
E. If the owner of the animal does not post security within fifteen days after the issuance of the
order, or if, after reasonable and diligent attempts the owner cannot be located, the animal may
be deemed abandoned and relinquished to the animal control agency, animal shelter or animal
welfare organization for adoption or humane destruction; provided that if the animal is livestock
other than poultry associated with cockfighting, the animal may be sold pursuant to the
procedures set forth in Section 77-18-2 NMSA 1978.
F. Nothing in this section shall prohibit an owner from voluntarily relinquishing an animal to an
animal control agency or shelter in lieu of posting security. A voluntary relinquishment shall not
preclude further prosecution of any criminal charges alleging that the owner has committed
felony cruelty to animals.
G. Upon conviction, the court shall place the animal with an animal shelter or animal welfare
organization for placement or for humane destruction.
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H. As used in this section, "livestock" means all domestic or domesticated animals that are used
or raised on a farm or ranch and exotic animals in captivity and includes horses, asses, mules,
cattle, sheep, goats, swine, bison, poultry, ostriches, emus, rheas, camelids and farmed cervidae
but does not include canine or feline animals.
N.M. STAT. ANN. § 30-18-1.3 (2009). Costs
A. Upon conviction, a defendant shall be liable for the reasonable cost of boarding the animal
and all necessary veterinary examinations and care provided to the animal. The amount of these
costs shall be offset by the security posted pursuant to Section 30-18-1.2 NMSA 1978.
Unexpended security funds shall be returned to the defendant.
B. In the absence of a conviction, the seizing agency shall bear the costs of boarding the animal
and all necessary veterinary examinations and care of the animal during the pendency of the
proceedings, return the animal, if not previously relinquished, and all of the security posted
pursuant to Section 30-18-1.2 NMSA 1978.
N.M. STAT. ANN. § 77-18-2 (2009). Seizure and disposition of cruelly treated livestock
A. If a livestock inspector or other peace officer has reason to believe that livestock is being
cruelly treated, the inspector or peace officer may apply to a court in the county where the
livestock is located for a warrant to seize the allegedly cruelly treated livestock.
B. On a showing of probable cause to believe that the livestock is being cruelly treated, the court
shall issue a warrant for the seizure of the livestock and set the matter for hearing as
expeditiously as possible within thirty days unless good cause for a later time is demonstrated by
the state. Seizure as authorized by this section shall be restricted to only those livestock allegedly
being cruelly treated. The board by rule shall establish procedures for preserving evidence of
alleged cruel treatment of livestock.
C. If criminal charges are filed against the owner, the court shall, upon proper petition, proceed
to determine if security is required to be posted pursuant to Section 30-18-1.2 NMSA 1978.
Otherwise, the judge or magistrate executing the warrant shall notify the board, have the
livestock impounded and give written notice to the owner of the livestock of the time and place
of a hearing to determine disposition of the livestock.
D. All interested parties, including the district attorney, shall be given an opportunity to present
evidence at the hearing, and if the court finds that the owner has cruelly treated the livestock, the
court shall order the sale of the livestock at fair market value or order humane destruction. If the
livestock is ordered sold, the sale shall occur within ten days of the order. If the court does not
find that the owner has cruelly treated the livestock, the court shall order the livestock returned
to the owner.
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E. If the court orders the sale of the livestock, the board shall take proper action to ensure the
livestock is sold at fair market value, including acceptance of reasonable bids or sale at auction.
A bid by the owner of the livestock or the owner's representative shall not be accepted.
F. Proceeds from the sale of the livestock shall be forwarded to the court ordering the sale.
From these proceeds, the court shall pay all expenses incurred in caring for the livestock while it
was impounded and any expenses involved in its sale. Any excess proceeds of the sale shall be
forwarded to the former owner. If the expenses incurred in caring for and selling the livestock
exceed the amount received from the sale, the court shall order the former owner to pay the
additional cost.
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N.M. STAT. ANN. § 30-18-1.1 (2009). Seizure of animals; notice
A. A peace officer who reasonably believes that the life or health of an animal is endangered due
to cruel treatment may apply to the district court, magistrate court or the metropolitan court in
the county where the animal is located for a warrant to seize the animal.
B. If the court finds probable cause that the animal is being cruelly treated, the court shall issue
a warrant for the seizure of the animal. The court shall also schedule a hearing on the matter as
expeditiously as possible within thirty days unless good cause is demonstrated by the state for a
later time.
C. Written notice regarding the time and location of the hearing shall be provided to the owner
of the seized animal. The court may order publication of a notice of the hearing in a newspaper
closest to the location of the seizure.
D. If the owner of the animal cannot be determined, a written notice regarding the
circumstances of the seizure shall be conspicuously posted where the animal is seized at the time
the seizure occurs.
E. At the option and expense of the owner, the seized animal may be examined by a veterinarian
of the owner's choice.
F. If the animal is a type of livestock, seizure shall be pursuant to Chapter 77, Article 18 NMSA
1978.
the state. Seizure as authorized by this section shall be restricted to only those livestock
allegedly being cruelly treated. The board by rule shall establish procedures for preserving
evidence of alleged cruel treatment of livestock.
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livestock impounded and give written notice to the owner of the livestock of the time and place of
a hearing to determine disposition of the livestock.
to the owner.
F. Proceeds from the sale of the livestock shall be forwarded to the court ordering the sale. From
these proceeds, the court shall pay all expenses incurred in caring for the livestock while it was
impounded and any expenses involved in its sale. Any excess proceeds of the sale shall be
additional cost.
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A. If the court finds that the seized animal is not being cruelly treated and that the animal's
owner is able to adequately provide for the animal, the court shall return the animal to its
owner.
B. If the court finds that the seized animal is being cruelly treated or that the animal's owner is
unable to adequately provide for the animal, the court shall hold a hearing to determine the
C. Upon conviction the court may place the animal for adoption with an animal shelter or
animal welfare organization or provide for the humane destruction of the animal.
criminal charges.
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the state. Seizure as authorized by this section shall be restricted to only those livestock
allegedly being cruelly treated. The board by rule shall establish procedures for preserving
evidence of alleged cruel treatment of livestock.
livestock impounded and give written notice to the owner of the livestock of the time and place of
a hearing to determine disposition of the livestock.
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to the owner.
additional cost.
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B. If the court finds probable cause that the animal is being cruelly treated, the court shall issue a
warrant for the seizure of the animal. The court shall also schedule a hearing on the matter as
later time.
C. Written notice regarding the time and location of the hearing shall be provided to the owner of
the seized animal. The court may order publication of a notice of the hearing in a newspaper
D. If the owner of the animal cannot be determined, a written notice regarding the circumstances
of the seizure shall be conspicuously posted where the animal is seized at the time the seizure
occurs.
1978.
N.M. STAT. ANN. § 77-1-15.1 (2009). Regulation and licensure of dogs; impoundment of
animals; qualified service animals exempt
A. Every municipality and each county may provide by ordinance for the mandatory licensure of
dogs over the age of three months. License fees shall be fixed by the responsible municipality or
county. Proof of vaccination against rabies shall be provided by the owner or keeper before a
license is issued. A combined rabies vaccination certificate and license may be provided by
ordinance.
B. Every municipality and each county shall provide for the impoundment of rabies-suspect
animals and shall designate a part-time or full-time animal control officer who shall be
deputized to enforce animal control laws, orders, ordinances and regulations.
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C. No fee shall be charged for the licensure of qualified service animals who are trained to lead
partially or totally blind persons, aid hearing impaired persons or assist mobility impaired
persons.
to the owner.
additional cost.
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12. SEXUAL ASSAULT
-----
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13. FIGHTING
N.M. STAT. ANN. § 30-18-9 (2009). 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:
(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.
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animal; or


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1978;
1978;

B. If the court finds probable cause that the animal is being cruelly treated, the court shall issue a
warrant for the seizure of the animal. The court shall also schedule a hearing on the matter as
later time.
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C. Written notice regarding the time and location of the hearing shall be provided to the owner of
the seized animal. The court may order publication of a notice of the hearing in a newspaper
D. If the owner of the animal cannot be determined, a written notice regarding the circumstances
of the seizure shall be conspicuously posted where the animal is seized at the time the seizure
occurs.
1978.
criminal charges.
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N.M. STAT. ANN. § 30-18-1.3 (2009). Costs
A. Upon conviction, a defendant shall be liable for the reasonable cost of boarding the animal
and all necessary veterinary examinations and care provided to the animal. The amount of these
costs shall be offset by the security posted pursuant to Section 30-18-1.2 NMSA 1978.
Unexpended security funds shall be returned to the defendant.
B. In the absence of a conviction, the seizing agency shall bear the costs of boarding the animal
and all necessary veterinary examinations and care of the animal during the pendency of the
proceedings, return the animal, if not previously relinquished, and all of the security posted
pursuant to Section 30-18-1.2 NMSA 1978.
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N.M. STAT. ANN. § 30-18-9 (2009). 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:
(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 (2009). 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. § 30-18-12 (2009). Injury to livestock
A. Injury to livestock consists of willfully and maliciously poisoning, killing or injuring

livestock that is the property of another.
B. As used in this section, Alivestock@ means cattle, sheep, buffalo, horses, mules, goats, swine
and ratites.
C. Whoever commits injury to livestock is guilty of a fourth degree felony.
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N.M. STAT. ANN. § 31-18-15 (2009). Sentencing authority; noncapital felonies; basic
sentences and fines; parole authority; meritorious deductions
A. If a person is convicted of a noncapital felony, the basic sentence of imprisonment is as

follows:
(1) for a first degree felony resulting in the death of a child, life imprisonment;
(2) for a first degree felony for aggravated criminal sexual penetration, life imprisonment;
(3) for a first degree felony, eighteen years imprisonment;
(4) for a second degree felony resulting in the death of a human being, fifteen years
imprisonment;
(5) for a second degree felony for a sexual offense against a child, fifteen years
imprisonment;
(6) for a second degree felony, nine years imprisonment;
(7) for a third degree felony resulting in the death of a human being, six years
imprisonment;
(8) for a third degree felony for a sexual offense against a child, six years imprisonment;
(9) for a third degree felony, three years imprisonment; or
(10) for a fourth degree felony, eighteen months imprisonment.
B. The appropriate basic sentence of imprisonment shall be imposed upon a person convicted
and sentenced pursuant to Subsection A of this section, unless the court alters the sentence
pursuant to the provisions of the Criminal Sentencing Act.
C. The court shall include in the judgment and sentence of each person convicted and sentenced
to imprisonment in a corrections facility designated by the corrections department authority for a
period of parole to be served in accordance with the provisions of Section 31-21-10 NMSA 1978
after the completion of any actual time of imprisonment and authority to require, as a condition
of parole, the payment of the costs of parole services and reimbursement to a law enforcement
agency or local crime stopper program in accordance with the provisions of that section. The
period of parole shall be deemed to be part of the sentence of the convicted person in addition to
the basic sentence imposed pursuant to Subsection A of this section together with alterations, if
any, pursuant to the provisions of the Criminal Sentencing Act.
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D. When a court imposes a sentence of imprisonment pursuant to the provisions of Section 31-
18-15.1, 31-18-16, 31-18-16.1 or 31-18-17 NMSA 1978 and suspends or defers the basic
sentence of imprisonment provided pursuant to the provisions of Subsection A of this section,
the period of parole shall be served in accordance with the provisions of Section 31-21-10
NMSA 1978 for the degree of felony for the basic sentence for which the inmate was convicted.
For the purpose of designating a period of parole, a court shall not consider that the basic
sentence of imprisonment was suspended or deferred and that the inmate served a period of
imprisonment pursuant to the provisions of the Criminal Sentencing Act.
E. The court may, in addition to the imposition of a basic sentence of imprisonment, impose a
fine not to exceed:
(1) for a first degree felony resulting in the death of a child, seventeen thousand five
(2) for a first degree felony for aggravated criminal sexual penetration, seventeen
thousand five hundred dollars ($17,500);
(3) for a first degree felony, fifteen thousand dollars ($15,000);
(4) for a second degree felony resulting in the death of a human being, twelve thousand
five hundred dollars ($12,500);
(5) for a second degree felony for a sexual offense against a child, twelve thousand five
(6) for a second degree felony, ten thousand dollars ($10,000);
(7) for a third degree felony resulting in the death of a human being, five thousand dollars
($5,000);
(8) for a third degree felony for a sexual offense against a child, five thousand dollars
($5,000); or
(9) for a third or fourth degree felony, five thousand dollars ($5,000).
F. When the court imposes a sentence of imprisonment for a felony offense, the court shall
indicate whether or not the offense is a serious violent offense, as defined in Section 33-2-34
NMSA 1978. The court shall inform an offender that the offender's sentence of imprisonment is
subject to the provisions of Sections 33-2-34, 33-2-36, 33-2-37 and 33-2-38 NMSA 1978. If the
court fails to inform an offender that the offender's sentence is subject to those provisions or if
the court provides the offender with erroneous information regarding those provisions, the
failure to inform or the error shall not provide a basis for a writ of habeas corpus.
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G. No later than October 31 of each year, the New Mexico sentencing commission shall provide
a written report to the secretary of corrections, all New Mexico criminal court judges, the
administrative office of the district attorneys and the chief public defender. The report shall
specify the average reduction in the sentence of imprisonment for serious violent offenses and
nonviolent offenses, as defined in Section 33-2-34 NMSA 1978, due to meritorious deductions
earned by prisoners during the previous fiscal year pursuant to the provisions of Sections 33-2-
34, 33-2-36, 33-2-37 and 33-2-38 NMSA 1978. The corrections department shall allow the
commission access to documents used by the department to determine earned meritorious
deductions for prisoners.
N.M. STAT. ANN. § 31-19-1 (2009). Sentencing authority; misdemeanors; imprisonment and
fines; probation.
A. Where the defendant has been convicted of a crime constituting a misdemeanor, the judge
shall sentence the person to be imprisoned in the county jail for a definite term less than one year
or to the payment of a fine of not more than one thousand dollars ($1,000) or to both such
imprisonment and fine in the discretion of the judge.
B. Where the defendant has been convicted of a crime constituting a petty misdemeanor, the
judge shall sentence the person to be imprisoned in the county jail for a definite term not to
exceed six months or to the payment of a fine of not more than five hundred dollars ($500) or to
both such imprisonment and fine in the discretion of the judge.
C. When the court has deferred or suspended sentence, it shall order the defendant placed on
supervised or unsupervised probation for all or some portion of the period of deferment or
suspension.
N.M. STAT. ANN. § 77-1-15.1 (2009). Regulation and licensure of dogs; impoundment of
animals; qualified service animals exempt
A. Every municipality and each county may provide by ordinance for the mandatory licensure of
dogs over the age of three months. License fees shall be fixed by the responsible municipality or
county. Proof of vaccination against rabies shall be provided by the owner or keeper before a
license is issued. A combined rabies vaccination certificate and license may be provided by
ordinance.
B. Every municipality and each county shall provide for the impoundment of rabies-suspect
animals and shall designate a part-time or full-time animal control officer who shall be deputized
to enforce animal control laws, orders, ordinances and regulations.
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C. No fee shall be charged for the licensure of qualified service animals who are trained to lead
partially or totally blind persons, aid hearing impaired persons or assist mobility impaired
persons.
to the owner.
additional cost.
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ANIMAL PROTECTION LAWS OF NEW YORK
ANIMAL PROTECTION LAWS OF NEW YORK
2. PENALTIES
3. EXEMPTIONS
12. SEXUAL ASSAULT
13. FIGHTING
This chapter contains New York’s general animal protection and related statutes enacted prior to November 2009. It
New York may employ similar provisions within other non-animal-specific criminal and civil statutes; may have other

USA Map
NEW YORK

Overdriving, torturing and injuring animals
N.Y. AGRIC. & MKTS. LAW § 353
(2)
N.Y. AGRIC. & MKTS. LAW § 353-a
(3)
Abandonment of animals
(4)
Failure to provide proper food and drink to
impounded animals
(5)
Carrying in a cruel manner
(6)
Poisoning or attempting to poison animals
(7)
Throwing substance injurious to animals in
public places
(8)
Failure to provide appropriate shelter for dogs
left outdoors
N.Y. AGRIC. & MKTS. LAW § 353-b
(9)
Confinement of companion animals in
vehicles during extreme temperatures
N.Y. AGRIC. & MKTS. LAW § 353-d
NY-3
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NEW YORK continued
Animals Covered in Definition A[E]very living creature except a human

being”
N.Y. AGRIC. & MKTS. LAW § 350(1)
Classification of Crimes (1), (3), (4), (5), (7)

Class A misdemeanor
----------
(2)
Class E felony
----------
(6)
[Any animal other than a horse, mule, or
cattle]:
Class A misdemeanor
[Horse, mule or cattle]:

Class E felony
----------
(8), (9)
Violation
NY-4
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NEW YORK continued

1 year imprisonment
N.Y. PENAL LAW § 70.15
and
$1,000 fine
(2)
N.Y. AGRIC. & MKTS. LAW § 353-a(3)
and
$5000 fine
N.Y. PENAL LAW § 80.00(1)(a)
(3)
1 year imprisonment
and/or
$1,000 fine
(4)
1 year imprisonment
and/or
$1,000 fine
(5)
1 year imprisonment
and/or
$1,000 fine
NY-5
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NEW YORK continued

[Any animal other than a horse, mule or
cattle]:
1 year imprisonment
and/or
$1,000 fine
[Horse, mule or cattle]:

N.Y. PENAL LAW § 70.00(2)(e)
and
$5,000 fine
N.Y. PENAL LAW § 80.00(1)(a)
(7)
1 year imprisonment
and/or
$1,000 fine
(8), (9)
$100 fine on 1st offense
$250 fine for subsequent offenses
N.Y. AGRIC. & MKTS. LAW §§ 353-b, 353-d
3. EXEMPTIONS *** 2
2, 3, 9
N.Y. AGRIC. & MKTS. LAW § 353-a(1),(2)
5. PROTECTIVE ORDERS H N.Y. CRIM. PRO. LAW §§ 530.12, 530.13

N.Y. FAM. CT. LAW §§ 656, 842, 1056
NY-6
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NEW YORK continued
6. RESTITUTION / REIMBURSEMENT Costs of care may be collected from owner

H
Court may authorize petition filed by

impounding organization requiring owner to
post a security bond for the costs of care
7. SEIZURE / ON-SITE SUPERVISION Search warrants shall be issued for reasonable

cause of violations of laws affecting animals
Any police officer or agent or ASPCA officer

may seize animals not properly cared for
Law enforcement officers and humane agents

may be authorized to supervise care of
animals on owner=s property prior to trial date
NY-7
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NEW YORK continued
8. FORFEITURE / POSSESSION H The court may order pre-conviction forfeiture

if owner fails to post a security
N.Y. AGRIC. & MKTS. LAW §§ 373(5),
(6)(b)(3),(c)
The court may order post-conviction

forfeiture of non-farm animals
N.Y. AGRIC. & MKTS. LAW § 374(5)(a, e, f)
The court may order post-conviction

forfeiture or sale of farm animals
N.Y. AGRIC. & MKTS. LAW § 374(5)(d-g)
Court may prohibit those convicted and

certain others from owning, harboring or
having custody or control of non-farm
animals
N.Y. AGRIC. & MKTS. LAW § 374(5)(c)
Abused farm animals may not be redeemed

by those convicted and certain others
N.Y. AGRIC. & MKTS. LAW § 374(5)(d)
10. VETERINARIAN REPORTING / IMMUNITY A veterinarian may report suspected animal

cruelty and is immune from civil or criminal
liability for such reports made reasonably and
with good faith
N.Y. EDUC. LAW § 6714
NY-8
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NEW YORK continued
11. LAW ENFORCEMENT POLICIES Police officers and humane society agents
and officers may arrest offenders and
intervene to prevent cruelty
Humane society agents and officers may be

issued search warrants
12. SEXUAL ASSAULT Engaging in sexual conduct with an animal is

a Class A misdemeanor

felonies, including breeding, selling, or
offering for sale, an animal used for fighting.
Owning or possessing an animal used for
fighting is a misdemeanor. Being a spectator
at an animal fight is a misdemeanor
Authorized officers may seize animal and

implements used for fighting
Upon conviction, seized animals and

implements shall be forfeited
Other Felony Provisions Affecting Animals I Interfering with or injuring an animal used for
racing or breeding
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N.Y. AGRIC. & MKTS. LAW § 350 (2009). Definitions.
1. AAnimal,@ as used in this article, includes every living creature except a human being;
2. ATorture@ or Acruelty@ includes every act, omission, or neglect, whereby unjustifiable physical
3. AAdoption@ 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. AFarm 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. ACompanion animal@ or Apet@ means any dog or cat, and shall also mean any other
domesticated animal normally maintained in or near the household of the owner or person who
cares for such other domesticated animal. APet@ or Acompanion animal@ shall not include a Afarm
animal@ as defined in this section.
N.Y. AGRIC. & MKTS. LAW § 353 (2009). 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 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 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
NY-10
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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 (2009). 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.
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N.Y. AGRIC. & MKTS. LAW § 353-b (2009). Appropriate shelter for dogs left outdoors
(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.
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(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 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 (2009). 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.
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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.
N.Y. AGRIC. & MKTS. LAW § 355 (2009). 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 § 356 (2009). Failure to provide proper food and drink to
impounded animal.
A person who, having impounded or confined any animal, refuses or neglects to supply to such
animal during its confinement a sufficient supply of good and wholesome air, food, shelter and
water, 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. In case any animal shall be at any time
impounded as aforesaid, and shall continue to be without necessary food and water for more than
twelve successive hours, it shall be lawful for any person, from time to time, and as often as it
shall be necessary, to enter into and upon any pound in which any such animal shall be so
confined, and to supply it with necessary food and water, so long as it shall remain so confined;
such person shall not be liable to any action for such entry, and the reasonable cost of such food
and water may be collected by him of the owner of such animal, and the said animal shall not be
exempt from levy and sale upon execution issued upon a judgment therefor.
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N.Y. AGRIC. & MKTS. LAW § 359 (2009). 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, without
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.
N.Y. AGRIC. & MKTS. LAW § 360 (2009). 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.
N.Y. AGRIC. & MKTS. LAW § 362 (2009). Throwing substance injurious to animals in public
place.
A person who wilfully throws, drops or places, or causes to be thrown, dropped or placed upon any
road, highway, street or public place, any glass, nails, pieces of metal, or other substance which
might wound, disable or injure any animal 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.
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2. PENALTIES

aggravated cruelty. For purposes of this section, "aggravated cruelty" shall mean conduct which:

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2.
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.
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.
and trash. The housing facility and the area immediately surrounding it shall be regularly
cleaned to maintain a healthy and sanitary environment and to minimize health hazards.
healthful environment in the area immediately surrounding such facility, or by the appearance or
physical condition of the dog.
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.
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confinement places the companion animal in imminent danger of death or serious physical injury
due to exposure to such extreme heat or cold.
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.
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
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impounded animal.
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.

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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
place.
A person who wilfully throws, drops or places, orcauses to be thrown, dropped or placed upon any
road, highway, street or public place, any glass, nails, pieces of m etal, or other substance which
N.Y. PENAL LAW § 55.10 (2009). Designation of offenses
1. Felonies.
(a) The particular classification or subclassification of each felony defined in this chapter
is expressly designated in the section or article defining it.
(b) Any offense defined outside this chapter which is declared by law to be a felony
without specification of the classification thereof, or for which a law outside this chapter
provides a sentence to a term of imprisonment in excess of one year, shall be deemed a
class E felony.
2. Misdemeanors.
(a) Each misdemeanor defined in this chapter is either a class A misdemeanor or a class
B misdemeanor, as expressly designated in the section or article defining it.
(b) Any offense defined outside this chapter which is declared by law to be a
misdemeanor without specification of the classification thereof or of the sentence
therefor shall be deemed a class A misdemeanor.
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(c) Except as provided in paragraph (b) of subdivision three, where an offense is defined
outside this chapter and a sentence to a term of imprisonment in excess of fifteen days
but not in excess of one year is provided in the law or ordinance defining it, such offense
shall be deemed an unclassified misdemeanor.
3. Violations. Every violation defined in this chapter is expressly designated as such. Any
offense defined outside this chapter which is not expressly designated a violation shall be
deemed a violation if:
(a) Notwithstanding any other designation specified in the law or ordinance defining it, a
sentence to a term of imprisonment which is not in excess of fifteen days is provided
therein, or the only sentence provided therein is a fine; or
(b) A sentence to a term of imprisonment in excess of fifteen days is provided for such
offense in a law or ordinance enacted prior to the effective date of this chapter but the
offense was not a crime prior to that date.
4. Traffic infraction. Notwithstanding any other provision of this section, an offense which is
defined as a "traffic infraction" shall not be deemed a violation or a misdemeanor by virtue of the
sentence prescribed therefor.
N.Y. PENAL LAW § 70.00 (2009). Sentence of imprisonment for felony
1. Indeterminate sentence. Except as provided in subdivisions four and five of this section or
section 70.80 of this article, a sentence of imprisonment for a felony, other than a felony defined
in article two hundred twenty or two hundred twenty-one of this chapter, shall be an
indeterminate sentence. When such a sentence is imposed, the court shall impose a maximum
term in accordance with the provisions of subdivision two of this section and the minimum
period of imprisonment shall be as provided in subdivision three of this section.
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2. Maximum term of sentence. The maximum term of an indeterminate sentence shall be at least
three years and the term shall be fixed as follows:
(a) For a class A felony, the term shall be life imprisonment;
(b) For a class B felony, the term shall be fixed by the court, and shall not exceed twenty-
five years;
(c) For a class C felony, the term shall be fixed by the court, and shall not exceed fifteen
years;
(d) For a class D felony, the term shall be fixed by the court, and shall not exceed seven
years; and
(e) For a class E felony, the term shall be fixed by the court, and shall not exceed four
years.
3. Minimum period of imprisonment. The minimum period of imprisonment under an

indeterminate sentence shall be at least one year and shall be fixed as follows:
(a) In the case of a class A felony, the minimum period shall be fixed by the court and
specified in the sentence.
(i) For a class A-I felony, such minimum period shall not be less than fifteen
years nor more than twenty-five years; provided, however, that (A) where a
sentence, other than a sentence of death or life imprisonment without parole, is
imposed upon a defendant convicted of murder in the first degree as defined in
section 125.27 of this chapter such minimum period shall be not less than twenty
years nor more than twenty-five years, and, (B) where a sentence is imposed upon
a defendant convicted of murder in the second degree as defined in subdivision
five of section 125.25 of this chapter or convicted of aggravated murder as
defined in section 125.26 of this chapter, the sentence shall be life imprisonment
without parole, and, (C) where a sentence is imposed upon a defendant convicted
of attempted murder in the first degree as defined in article one hundred ten of
this chapter and subparagraph (i), (ii) or (iii) of paragraph (a) of subdivision one
and paragraph (b) of subdivision one of section 125.27 of this chapter or
attempted aggravated murder as defined in article one hundred ten of this chapter
and section 125.26 of this chapter such minimum period shall be not less than
twenty years nor more than forty years.
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(ii) For a class A-II felony, such minimum period shall not be less than three
years nor more than eight years four months, except that for the class A-II felony
of predatory sexual assault as defined in section 130.95 of this chapter or the class
A-II felony of predatory sexual assault against a child as defined in section 130.96
of this chapter, such minimum period shall be not less than ten years nor more
than twenty-five years.
(b) For any other felony, the minimum period shall be fixed by the court and specified in
the sentence and shall be not less than one year nor more than one-third of the maximum
term imposed.
4. Alternative definite sentence for class D and E felonies. When a person, other than a second
or persistent felony offender, is sentenced for a class D or class E felony, and the court, having
regard to the nature and circumstances of the crime and to the history and character of the
defendant, is of the opinion that a sentence of imprisonment is necessary but that it would be
unduly harsh to impose an indeterminate or determinate sentence, the court may impose a
definite sentence of imprisonment and fix a term of one year or less.
5. Life imprisonment without parole. Notwithstanding any other provision of law, a defendant
sentenced to life imprisonment without parole shall not be or become eligible for parole or
conditional release. For purposes of commitment and custody, other than parole and conditional
release, such sentence shall be deemed to be an indeterminate sentence. A defendant may be
sentenced to life imprisonment without parole upon conviction for the crime of murder in the
first degree as defined in section 125.27 of this chapter and in accordance with the procedures
provided by law for imposing a sentence for such crime. A defendant must be sentenced to life
imprisonment without parole upon conviction for the crime of terrorism as defined in section
490.25 of this chapter, where the specified offense the defendant committed is a class A-I felony;
the crime of criminal possession of a chemical weapon or biological weapon in the first degree
as defined in section 490.45 of this chapter; or the crime of criminal use of a chemical weapon or
biological weapon in the first degree as defined in section 490.55 of this chapter; provided,
however, that nothing in this subdivision shall preclude or prevent a sentence of death when the
defendant is also convicted of the crime of murder in the first degree as defined in section 125.27
of this chapter. A defendant must be sentenced to life imprisonment without parole upon
conviction for the crime of murder in the second degree as defined in subdivision five of section
125.25 of this chapter or for the crime of aggravated murder as defined in section 125.26 of this
chapter.
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N.Y. PENAL LAW § 70.15 (2009). Sentences of imprisonment for misdemeanors and
violation
1. Class A misdemeanor. A sentence of imprisonment for a class A misdemeanor shall be a

definite sentence. When such a sentence is imposed the term shall be fixed by the court, and shall
not exceed one year; provided, however, that a sentence of imprisonment imposed upon a
conviction of criminal possession of a weapon in the fourth degree as defined in subdivision one
of section 265.01 must be for a period of no less than one year when the conviction was the
result of a plea of guilty entered in satisfaction of an indictment or any count thereof charging
the defendant with the class D violent felony offense of criminal possession of a weapon in the
third degree as defined in subdivision four of section 265.02, except that the court may impose
any other sentence authorized by law upon a person who has not been previously convicted in
the five years immediately preceding the commission of the offense for a felony or a class A
misdemeanor defined in this chapter, if the court having regard to the nature and circumstances
of the crime and to the history and character of the defendant, finds on the record that such
sentence would be unduly harsh and that the alternative sentence would be consistent with public
safety and does not deprecate the seriousness of the crime.
2. Class B misdemeanor. A sentence of imprisonment for a class B misdemeanor shall be a

not exceed three months.
3. Unclassified misdemeanor. A sentence of imprisonment for an unclassified misdemeanor shall

be a definite sentence. When such a sentence is imposed the term shall be fixed by the court, and
shall be in accordance with the sentence specified in the law or ordinance that defines the crime.
4. Violation. A sentence of imprisonment for a violation shall be a definite sentence. When such
a sentence is imposed the term shall be fixed by the court, and shall not exceed fifteen days.
In the case of a violation defined outside this chapter, if the sentence is expressly specified in the
law or ordinance that defines the offense and consists solely of a fine, no term of imprisonment
shall be imposed.
N.Y. PENAL LAW § 80.00 (2009). Fine for felony
1. A sentence to pay a fine for a felony shall be a sentence to pay an amount, fixed by the court,
not exceeding the higher of
a. five thousand dollars; or
b. double the amount of the defendant's gain from the commission of the crime; or
c. if the conviction is for any felony defined in article two hundred twenty or two
hundred twenty-one of this chapter, according to the following schedule:
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(i) for A-I felonies, one hundred thousand dollars;
(ii) for A-II felonies, fifty thousand dollars;
(iii) for B felonies, thirty thousand dollars;
(iv) for C felonies, fifteen thousand dollars.
When imposing a fine pursuant to the provisions of this paragraph, the court shall consider the
profit gained by defendant's conduct, whether the amount of the fine is disproportionate to the
conduct in which defendant engaged, its impact on any victims, and defendant's economic
circumstances, including the defendant's ability to pay, the effect of the fine upon his or her
immediate family or any other persons to whom the defendant owes an obligation of support.
derived from the commission of the crime, less the amount of money or the value of property
returned to the victim of the crime or seized by or surrendered to lawful authority prior to the
time sentence is imposed.
3. When the court imposes a fine for a felony pursuant to paragraph b of subdivision one of this
section, the court shall make a finding as to the amount of the defendant's gain from the crime. If
the record does not contain sufficient evidence to support such a finding or to permit adequate
consideration of the matters specified in paragraph c of subdivision one of this section, the court
may conduct a hearing upon such issues.
4. Exception. The provisions of this section shall not apply to a corporation.
5. All moneys in excess of five thousand dollars received or collected in payment of a fine
imposed pursuant to paragraph c of subdivision one of this section are the property of the state
and the state comptroller shall deposit all such fines to the rehabilitative alcohol and substance
treatment fund established pursuant to section ninety-seven-cc of the state finance law.
6. Notwithstanding any inconsistent provision of subdivision one of this section a sentence to

pay a fine for a felony set forth in the vehicle and traffic law shall be a sentence to pay an
amount fixed by the court in accordance with the provisions of the law that defines the crime.
7. When the court imposes a fine pursuant to section 145.22 or 145.23 of this chapter, the court
shall direct that no less than ten percent of such fine be credited to the state cemetery vandalism
restoration and administration fund created pursuant to section ninety-seven-r of the state finance
law.
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N.Y. PENAL LAW § 80.05 (2009). Fines for misdemeanors and violation
1. Class A misdemeanor. A sentence to pay a fine for a class A misdemeanor shall be a sentence
to pay an amount, fixed by the court, not exceeding one thousand dollars, provided, however,
that a sentence imposed for a violation of section 215.80 of this chapter may include a fine in an
amount equivalent to double the value of the property unlawfully disposed of in the commission
of the crime.
2. Class B misdemeanor. A sentence to pay a fine for a class B misdemeanor shall be a sentence
to pay an amount, fixed by the court, not exceeding five hundred dollars.
3. Unclassified misdemeanor. A sentence to pay a fine for an unclassified misdemeanor shall be

a sentence to pay an amount, fixed by the court, in accordance with the provisions of the law or
ordinance that defines the crime.
4. Violation. A sentence to pay a fine for a violation shall be a sentence to pay an amount, fixed
by the court, not exceeding two hundred fifty dollars.
In the case of a violation defined outside this chapter, if the amount of the fine is expressly
specified in the law or ordinance that defines the offense, the amount of the fine shall be fixed in
accordance with that law or ordinance.
5. Alternative sentence. If a person has gained money or property through the commission of any
misdemeanor or violation then upon conviction thereof, the court, in lieu of imposing the fine
authorized for the offense under one of the above subdivisions, may sentence the defendant to
pay an amount, fixed by the court, not exceeding double the amount of the defendant's gain from
the commission of the offense; provided, however, that the amount fixed by the court pursuant to
this subdivision upon a conviction under section 11-1904 of the environmental conservation law
shall not exceed five thousand dollars. In such event the provisions of subdivisions two and three
of section 80.00 shall be applicable to the sentence.
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3. EXEMPTIONS
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.
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
exceeding one year.

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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.

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N.Y. CRIM. PRO. LAW § 530.12 (2009). Protection for victims of family offenses
1. When a criminal action is pending involving a complaint charging any crime or violation
between spouses, former spouses, parent and child, or between members of the same family or
household, as members of the same family or household are defined in subdivision one of
section 530.11 of this article, the court, in addition to any other powers conferred upon it by this
chapter may issue a temporary order of protection in conjunction with any securing order
committing the defendant to the custody of the sheriff or as a condition of any order of
recognizance or bail or an adjournment in contemplation of dismissal. In addition to any other
conditions, such an order may require the defendant:
(a) to stay away from the home, school, business or place of employment of the family or
household member or of any designated witness, provided that the court shall make a
determination, and shall state such determination in a written decision or on the record,
whether to impose a condition pursuant to this paragraph, provided further, however, that
failure to make such a determination shall not affect the validity of such temporary order
of protection. In making such determination, the court shall consider, but shall not be
limited to consideration of, whether the temporary order of protection is likely to achieve
its purpose in the absence of such a condition, conduct subject to prior orders of
protection, prior incidents of abuse, past or present injury, threats, drug or alcohol abuse,
and access to weapons;
(b) to permit a parent, or a person entitled to visitation by a court order or a separation

agreement, to visit the child at stated periods;
(c) to refrain from committing a family offense, as defined in subdivision one of section
530.11 of this article, or any criminal offense against the child or against the family or
household member or against any person to whom custody of the child is awarded, or
from harassing, intimidating or threatening such persons;
(d) to refrain from acts of commission or omission that create an unreasonable risk to the
health, safety and welfare of a child, family or household member's life or health;
(e) to permit a designated party to enter the residence during a specified period of time in
order to remove personal belongings not in issue in this proceeding or in any other
proceeding or action under this chapter, the family court act or the domestic relations
law;
(f)
1. to refrain from intentionally injuring or killing, without justification, any
companion animal the defendant knows to be owned, possessed, leased, kept or
held by the victim or a minor child residing in the household.
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2. “Companion animal”, as used in this section, shall have the same meaning as
in subdivision five of section three hundred fifty of the agriculture and markets
law.
(g) The court may issue an order, pursuant to section two hundred twenty-seven-c of the
real property law, authorizing the party for whose benefit any order of protection has
been issued to terminate a lease or rental agreement pursuant to section two hundred
twenty-seven-c of the real property law.
2. Notwithstanding any other provision of law, a temporary order of protection issued or

continued by a family court pursuant to section eight hundred thirteen of the family court act
shall continue in effect, absent action by the appropriate criminal court pursuant to subdivision
three of this section, until the defendant is arraigned upon an accusatory instrument filed
pursuant to section eight hundred thirteen of the family court act in such criminal court.
3. The court may issue a temporary order of protection ex parte upon the filing of an accusatory
instrument and for good cause shown. When a family court order of protection is modified, the
criminal court shall forward a copy of such modified order to the family court issuing the
original order of protection; provided, however, that where a copy of the modified order is
transmitted to the family court by facsimile or other electronic means, the original copy of such
modified order and accompanying affidavit shall be forwarded immediately thereafter.
3-a. Emergency powers when family court not in session; issuance of temporary orders of
protection. Upon the request of the petitioner, a local criminal court may on an ex parte basis
issue a temporary order of protection pending a hearing in family court, provided that a sworn
affidavit, verified in accordance with subdivision one of section 100.30 of this chapter, is
submitted: (i) alleging that the family court is not in session; (ii) alleging that a family offense, as
defined in subdivision one of section eight hundred twelve of the family court act and
subdivision one of section 530.11 of this article, has been committed; (iii) alleging that a family
offense petition has been filed or will be filed in family court on the next day the court is in
session; and (iv) showing good cause. Upon appearance in a local criminal court, the petitioner
shall be advised that he or she may continue with the proceeding either in family court or upon
the filing of a local criminal court accusatory instrument in criminal court or both. Upon issuance
of a temporary order of protection where petitioner requests that it be returnable in family court,
the local criminal court shall transfer the matter forthwith to the family court and shall make the
matter returnable in family court on the next day the family court is in session, or as soon
thereafter as practicable, but in no event more than four calendar days after issuance of the order.
The local criminal court, upon issuing a temporary order of protection returnable in family court
pursuant to this subdivision, shall immediately forward, in a manner designed to insure arrival
before the return date set in the order, a copy of the temporary order of protection and sworn
affidavit to the family court and shall provide a copy of such temporary order of protection to the
petitioner; provided, however, that where a copy of the temporary order of protection and
affidavit are transmitted to the family court by facsimile or other electronic means, the original
order and affidavit shall be forwarded to the family court immediately thereafter. Any temporary
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order of protection issued pursuant to this subdivision shall be issued to the respondent, and
copies shall be filed as required in subdivisions six and eight of this section for orders of
protection issued pursuant to this section. Any temporary order of protection issued pursuant to
this subdivision shall plainly state the date that such order expires which, in the case of an order
returnable in family court, shall be not more than four calendar days after its issuance, unless
sooner vacated or modified by the family court. A petitioner requesting a temporary order of
protection returnable in family court pursuant to this subdivision in a case in which a family
court petition has not been filed shall be informed that such temporary order of protection shall
expire as provided for herein, unless the petitioner files a petition pursuant to subdivision one of
section eight hundred twenty-one of the family court act on or before the return date in family
court and the family court issues a temporary order of protection or order of protection as
authorized under article eight of the family court act. Nothing in this subdivision shall limit or
restrict the petitioner's right to proceed directly and without court referral in either a criminal or
family court, or both, as provided for in section one hundred fifteen of the family court act and
section 100.07 of this chapter.
3-b. Emergency powers when family court not in session; modifications of orders of protection
or temporary orders of protection. Upon the request of the petitioner, a local criminal court may
on an ex parte basis modify a temporary order of protection or order of protection which has
been issued under article four, five, six or eight of the family court act pending a hearing in
family court, provided that a sworn affidavit verified in accordance with subdivision one of
section 100.30 of this chapter is submitted: (i) alleging that the family court is not in session and
(ii) showing good cause, including a showing that the existing order is insufficient for the
purposes of protection of the petitioner, the petitioner's child or children or other members of the
petitioner's family or household. The local criminal court shall make the matter regarding the
modification of the order returnable in family court on the next day the family court is in session,
or as soon thereafter as practicable, but in no event more than four calendar days after issuance
of the modified order. The court shall immediately forward a copy of the modified order, if any,
and sworn affidavit to the family court and shall provide a copy of such modified order, if any,
and affidavit to the petitioner; provided, however, that where copies of such modified order and
copies of such modified order and affidavit shall be forwarded to the family court immediately
thereafter. Any modified temporary order of protection or order of protection issued pursuant to
this subdivision shall be issued to the respondent and copies shall be filed as required in
subdivisions six and eight of this section for orders of protection issued pursuant to this section.
4. The court may issue or extend a temporary order of protection ex parte or on notice
simultaneously with the issuance of a warrant for the arrest of defendant. Such temporary order
of protection may continue in effect until the day the defendant subsequently appears in court
pursuant to such warrant or voluntarily or otherwise.
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5. Upon conviction of any crime or violation between spouses, parent and child, or between
members of the same family or household, the court may in addition to any other disposition,
including a conditional discharge or youthful offender adjudication, enter an order of protection.
Where a temporary order of protection was issued, the court shall state on the record the reasons
for issuing or not issuing an order of protection. The duration of such an order shall be fixed by
the court and, in the case of a felony conviction, shall not exceed the greater of: (i) five years
from the date of such conviction, or (ii) three years from the date of the expiration of the
maximum term of an indeterminate sentence of imprisonment actually imposed; or in the case of
a conviction for a class A misdemeanor, shall not exceed three years from the date of such
conviction; or in the case of a conviction for any other offense, shall not exceed one year from
the date of conviction. For purposes of determining the duration of an order of protection entered
pursuant to this subdivision, a conviction shall be deemed to include a conviction that has been
replaced by a youthful offender adjudication. In addition to any other conditions, such an order
may require the defendant:
household member, the other spouse or the child, or of any witness designated by the
court, provided that the court shall make a determination, and shall state such
determination in a written decision or on the record, whether to impose a condition
pursuant to this paragraph, provided further, however, that failure to make such a
determination shall not affect the validity of such order of protection. In making such
determination, the court shall consider, but shall not be limited to consideration of,
whether the order of protection is likely to achieve its purpose in the absence of such a
condition, conduct subject to prior orders of protection, prior incidents of abuse, extent of
past or present injury, threats, drug or alcohol abuse, and access to weapons;

from harassing, intimidating or threatening such persons; or
law.
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6. An order of protection or a temporary order of protection issued pursuant to subdivision one,
two, three, four or five of this section shall bear in a conspicuous manner the term “order of
protection” or “temporary order of protection” as the case may be and a copy shall be filed by
the clerk of the court with the sheriff's office in the county in which the complainant resides, or,
if the complainant resides within a city, with the police department of such city. The absence of
such language shall not affect the validity of such order. A copy of such order of protection or
temporary order of protection may from time to time be filed by the clerk of the court with any
other police department or sheriff's office having jurisdiction of the residence, work place, and
school of anyone intended to be protected by such order. A copy of the order may also be filed
by the complainant at the appropriate police department or sheriff's office having jurisdiction.
Any subsequent amendment or revocation of such order shall be filed in the same manner as
herein provided.
Such order of protection shall plainly state the date that such order expires.
6-a. The court shall inquire as to the existence of any other orders of protection between the
defendant and the person or persons for whom the order of protection is sought.
7. A family offense subject to the provisions of this section which occurs subsequent to the
issuance of an order of protection under this chapter shall be deemed a new offense for which the
complainant may seek to file a new accusatory instrument and may file a family court petition
under article eight of the family court act as provided for in section 100.07 of this chapter.
8. In any proceeding in which an order of protection or temporary order of protection or a

warrant has been issued under this section, the clerk of the court shall issue to the complainant
and defendant and defense counsel and to any other person affected by the order a copy of the
order of protection or temporary order of protection and ensure that a copy of the order of
protection or temporary order of protection be transmitted to the local correctional facility where
the individual is or will be detained, the state or local correctional facility where the individual is
or will be imprisoned, and the supervising probation department or division of parole where the
individual is under probation or parole supervision. The presentation of a copy of such order or a
warrant to any peace officer acting pursuant to his special duties or police officer shall constitute
authority for him to arrest a person who has violated the terms of such order and bring such
person before the court and, otherwise, so far as lies within his power, to aid in securing the
protection such order was intended to afford.
9. If no warrant, order or temporary order of protection has been issued by the court, and an act
alleged to be a family offense as defined in section 530.11 of this chapter is the basis of the
arrest, the magistrate shall permit the complainant to file a petition, information or accusatory
instrument and for reasonable cause shown, shall thereupon hold such respondent or defendant,
admit to, fix or accept bail, or parole him for hearing before the family court or appropriate
criminal court as the complainant shall choose in accordance with the provisions of section
530.11 of this chapter.
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10. Punishment for contempt based on a violation of an order of protection or temporary order of
protection shall not affect the original criminal action, nor reduce or diminish a sentence upon
conviction for the original crime or violation alleged therein or for a lesser included offense
thereof.
11. If a defendant is brought before the court for failure to obey any lawful order issued under
this section, or an order of protection issued by a court of competent jurisdiction in another state,
territorial or tribal jurisdiction, and if, after hearing, the court is satisfied by competent proof that
the defendant has willfully failed to obey any such order, the court may:
(a) revoke an order of recognizance or revoke an order of bail or order forfeiture of such
bail and commit the defendant to custody; or
(b) restore the case to the calendar when there has been an adjournment in contemplation
of dismissal and commit the defendant to custody; or
(c) revoke a conditional discharge in accordance with section 410.70 of this chapter and
impose probation supervision or impose a sentence of imprisonment in accordance with
the penal law based on the original conviction; or
(d) revoke probation in accordance with section 410.70 of this chapter and impose a
sentence of imprisonment in accordance with the penal law based on the original
conviction. In addition, if the act which constitutes the violation of the order of protection
or temporary order of protection is a crime or a violation the defendant may be charged
with and tried for that crime or violation.
[(e) Repealed. ]
12. The chief administrator of the courts shall promulgate appropriate uniform temporary orders
of protection and orders of protection forms to be used throughout the state. Such forms shall be
promulgated and developed in a manner to ensure the compatability of such forms with the
statewide computerized registry established pursuant to section two hundred twenty-one-a of the
executive law.
13. Notwithstanding the foregoing provisions, an order of protection, or temporary order of

protection when applicable, may be entered against a former spouse and persons who have a
child in common, regardless of whether such persons have been married or have lived together at
any time, or against a member of the same family or household as defined in subdivision one of
section 530.11 of this article.
14. The people shall make reasonable efforts to notify the complainant alleging a crime
constituting a family offense when the people have decided to decline prosecution of such crime,
to dismiss the criminal charges against the defendant or to enter into a plea agreement. The
people shall advise the complainant of the right to file a petition in the family court pursuant to
section 100.07 of this chapter and section one hundred fifteen of the family court act.
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In any case where allegations of criminal conduct are transferred from the family court to the
criminal court pursuant to paragraph (ii) of subdivision (b) of section eight hundred forty-six of
the family court act, the people shall advise the family court making the transfer of any decision
to file an accusatory instrument against the family court respondent and shall notify such court of
the disposition of such instrument and the sentence, if any, imposed upon such respondent.
Release of a defendant from custody shall not be delayed because of the requirements of this
subdivision.
15. Any motion to vacate or modify an order of protection or temporary order of protection shall
be on notice to the non-moving party, except as provided in subdivision three-b of this section.
N.Y. CRIM. PRO. LAW § 530.13 (2009). Protection of victims of crimes, other than family
offenses
1. When any criminal action is pending, and the court has not issued a temporary order of
protection pursuant to section 530.12 of this article, the court, in addition to the other powers
conferred upon it by this chapter, may for good cause shown issue a temporary order of
protection in conjunction with any securing order committing the defendant to the custody of the
sheriff or as a condition of a pre-trial release, or as a condition of release on bail or an
adjournment in contemplation of dismissal. In addition to any other conditions, such an order
may require that the defendant:
(a) stay away from the home, school, business or place of employment of the victims of,
or designated witnesses to, the alleged offense;
(b) refrain from harassing, intimidating, threatening or otherwise interfering with the
victims of the alleged offense and such members of the family or household of such
victims or designated witnesses as shall be specifically named by the court in such order;
(c)

held by such victim or victims or a minor child residing in such victim's or
victims' household.
2. "Companion animal", as used in this section, shall have the same meaning as
law.
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In addition to the foregoing provisions, the court may issue an order, pursuant to section two
hundred twenty-seven-c of the real property law, authorizing the party for whose benefit any
order of protection has been issued to terminate a lease or rental agreement pursuant to section
two hundred twenty-seven-c of the real property law.
2. The court may issue a temporary order of protection under this section ex parte upon the filing
of an accusatory instrument and for good cause shown.
3. The court may issue or extend a temporary order of protection under this section ex parte
simultaneously with the issuance of a warrant for the arrest of the defendant. Such temporary
order of protection may continue in effect until the day the defendant subsequently appears in
court pursuant to such warrant or voluntarily or otherwise.
4. Upon conviction of any offense, where the court has not issued an order of protection
pursuant to section 530.12 of this article, the court may, in addition to any other disposition,
replaced by a youthful offender adjudication. In addition to any other conditions such an order
(a) stay away from the home, school, business or place of employment of the victim or
victims, or of any witness designated by the court, of such offense;
victim or victims of the offense and such members of the family or household of such
victim or victims as shall be specifically named by the court in such order;
(c)

victims' household.
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law.
5. The court shall inquire as to the existence of any other orders of protection between the
defendant and the person or persons for whom the order of protection is sought. An order of
protection issued under this section shall plainly state the date that such order expires. Orders of
protection issued to protect victims of domestic violence, as defined in section four hundred
fifty-nine-a of the social services law, shall be on uniform statewide forms that shall be
promulgated by the chief administrator of the courts in a manner to ensure the compatibility of
such forms with the statewide registry of orders of protection and warrants established pursuant
to section two hundred twenty-one-a of the executive law. A copy of an order of protection or a
temporary order of protection issued pursuant to subdivision one, two, three, or four of this
section shall be filed by the clerk of the court with the sheriff's office in the county in which such
victim or victims reside, or, if the victim or victims reside within a city, with the police
department of such city. A copy of such order of protection or temporary order of protection may
from time to time be filed by the clerk of the court with any other police department or sheriff's
office having jurisdiction of the residence, work place, and school of anyone intended to be
protected by such order. A copy of the order may also be filed by the victim or victims at the
appropriate police department or sheriff's office having jurisdiction. Any subsequent amendment
or revocation of such order shall be filed in the same manner as herein provided.

warrant has been issued under this section, the clerk of the court shall issue to the victim and the
defendant and defense counsel and to any other person affected by the order, a copy of the order
of protection or temporary order of protection and ensure that a copy of the order of protection or
temporary order of protection be transmitted to the local correctional facility where the
individual is or will be detained, the state or local correctional facility where the individual is or
will be imprisoned, and the supervising probation department or division of parole where the
warrant to any police officer or peace officer acting pursuant to his special duties shall constitute
7. Punishment for contempt based upon a violation of an order or [of] protection or temporary
order of protection issued under this section shall not affect a pending criminal action, nor reduce
or diminish a sentence upon conviction for any other crimes or offenses.
8. If a defendant is brought before the court for failure to obey any lawful order issued under this
section and if, after hearing, the court is satisfied by competent proof that the defendant has
willfully failed to obey any such order, the court may:
(a) revoke an order of recognizance or bail and commit the defendant to custody; or
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of dismissal and commit the defendant to custody or impose or increase bail pending a
trial of the original crime or violation; or
9. The chief administrator of the courts shall promulgate appropriate uniform temporary order of
protection and order of protection forms to be used throughout the state.
N.Y. FAM. CT. LAW § 656 (2009). Order of protection
The court may make an order of protection and an order of probation in assistance or as a
condition of any other order made under this part. The order of protection may set forth
reasonable conditions of behavior to be observed for a specific time by any petitioner or any
respondent, and shall specify if an order of probation is in effect. No order of protection may
direct any party to observe conditions of behavior unless the party requesting the order of
protection has served and filed a petition or counter-claim in accordance with section one
hundred fifty-four-b of this act. Such an order may require the petitioner or the respondent:
(a) to stay away from the home, school, business or place of employment of any other
party, the other spouse or parent, or the child, and to stay away from any other specific
location designated by the court;

eight hundred twelve of this act, or any criminal offense against the child or against the
other parent or against any person to whom custody of the child is awarded, or from
harassing, intimidating or threatening such persons;
(d) to permit a designated party to enter the residence during a specified period of time in
proceeding or action under this act or the domestic relations law;
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(e) to refrain from acts of commission or omission that create an unreasonable risk to the
health, safety or welfare of a child;
(f) to participate in an educational program and to pay the costs thereof if the person has
the means to do so, provided however that nothing contained herein shall be deemed to
require payment of the costs of any such program by the state or any political subdivision
thereof;
(g) to provide, either directly or by means of medical and health insurance, for expenses
incurred for medical care and treatment arising from the incident or incidents forming the
basis for the issuance of the order;
(h) to pay the reasonable counsel fees and disbursements involved in obtaining or
enforcing the order of the person who is protected by such order if such order is issued or
enforced.
(i)

companion animal the respondent knows to be owned, possessed, leased, kept or
held by the petitioner or a minor child residing in the household.
law.
(j) to observe such other conditions as are necessary to further the purposes of protection.
The court shall not require anyone seeking an order of protection under this section to first
request that child protective services investigate the allegations or to first request permission to
file a petition under article ten of this act.
Notwithstanding the foregoing provisions, an order of protection, or temporary order of

protection where applicable, may be entered against a former spouse and persons who have a
section eight hundred twelve of this act.
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An order of protection under section eight hundred forty-one of this part shall set forth
reasonable conditions of behavior to be observed for a period not in excess of two years by the
petitioner or respondent or for a period not in excess of five years upon (i) a finding by the court
on the record of the existence of aggravating circumstances as defined in paragraph (vii) of
subdivision (a) of section eight hundred twenty-seven of this article; or (ii) a finding by the court
on the record that the conduct alleged in the petition is in violation of a valid order of
protection. Any finding of aggravating circumstances pursuant to this section shall be stated on
the record and upon the order of protection. Any order of protection issued pursuant to this
section shall specify if an order of probation is in effect. Any order of protection issued pursuant
to this section may require the petitioner or the respondent:
party, the other spouse, the other parent, or the child, and to stay away from any other
specific location designated by the court, provided that the court shall make a
whether to impose a condition pursuant to this subdivision, provided further, however,
that failure to make such a determination shall not affect the validity of such order of
protection. In making such determination, the court shall consider, but shall not be
limited to consideration of, whether the order of protection is likely to achieve its purpose
in the absence of such a condition, conduct subject to prior orders of protection, prior
incidents of abuse, extent of past or present injury, threats, drug or alcohol abuse, and
access to weapons;

(f) to pay the reasonable counsel fees and disbursements involved in obtaining or
enforced;
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(g) to require the respondent to participate in a batterer's education program designed to
help end violent behavior, which may include referral to drug and alcohol counselling,
and to pay the costs thereof if the person has the means to do so, provided however that
nothing contained herein shall be deemed to require payment of the costs of any such
program by the petitioner, the state or any political subdivision thereof; and
(h) to provide, either directly or by means of medical and health insurance, for expenses
basis for the issuance of the order.
(i)
law.
The court may also award custody of the child, during the term of the order of protection to
either parent, or to an appropriate relative within the second degree. Nothing in this section gives
the court power to place or board out any child or to commit a child to an institution or agency.
The court may also upon the showing of special circumstances extend the order of protection for
a reasonable period of time.
Notwithstanding the provisions of section eight hundred seventeen of this article, where a
temporary order of child support has not already been issued, the court may in addition to the
issuance of an order of protection pursuant to this section, issue an order for temporary child
support in an amount sufficient to meet the needs of the child, without a showing of immediate
or emergency need. The court shall make an order for temporary child support notwithstanding
that information with respect to income and assets of the respondent may be unavailable. Where
such information is available, the court may make an award for temporary child support pursuant
to the formula set forth in subdivision one of section four hundred thirteen of this act. Temporary
orders of support issued pursuant to this article shall be deemed to have been issued pursuant to
section four hundred thirteen of this act.
Upon making an order for temporary child support pursuant to this subdivision, the court shall
advise the petitioner of the availability of child support enforcement services by the support
collection unit of the local department of social services, to enforce the temporary order and to
assist in securing continued child support, and shall set the support matter down for further
proceedings in accordance with article four of this act.
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Where the court determines that the respondent has employer-provided medical insurance, the
court may further direct, as part of an order of temporary support under this subdivision, that a
medical support execution be issued and served upon the respondent's employer as provided for
in section fifty-two hundred forty-one of the civil practice law and rules.
In any proceeding in which an order of protection or temporary order of protection or a warrant

has been issued under this section, the clerk of the court shall issue to the petitioner and
respondent and his counsel and to any other person affected by the order a copy of the order of
protection or temporary order of protection and ensure that a copy of the order of protection or
individual is under probation or parole supervision.

section eight hundred twelve of this article.
1. The court may make an order of protection in assistance or as a condition of any other order
made under this part. Such order of protection shall remain in effect concurrently with, shall
expire no later than the expiration date of, and may be extended concurrently with, such other
order made under this part, except as provided in subdivision four of this section. The order of
protection may set forth reasonable conditions of behavior to be observed for a specified time by
a person who is before the court and is a parent or a person legally responsible for the child's
care or the spouse of the parent or other person legally responsible for the child's care, or both.
Such an order may require any such person
(a) to stay away from the home, school, business or place of employment of the
other spouse, parent or person legally responsible for the child's care or the child,
and to stay away from any other specific location designated by the court;
(b) to permit a parent, or a person entitled to visitation by a court order or a

separation agreement, to visit the child at stated periods;
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(c) to refrain from committing a family offense, as defined in subdivision one of the
section eight hundred twelve of this act, or any criminal offense against the child or
against the other parent or against any person to whom custody of the child is awarded,
or from harassing, intimidating or threatening such persons;
health, safety and welfare of a child;
(f) to provide, either directly or by means of medical and health insurance, for expenses
(g)

held by the person protected by the order or a minor child residing in such
person's household.
law..
(h) to observe such other conditions as are necessary to further the purposes of
protection.
2. The court may also award custody of the child, during the term of the order of protection to
In making orders of protection, the court shall so act as to insure that in the care, protection,
discipline and guardianship of the child his religious faith shall be preserved and protected.

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4. The court may enter an order of protection independently of any other order made under this
part, against a person who was a member of the child's household or a person legally responsible
as defined in section one thousand twelve of this chapter, and who is no longer a member of such
household at the time of the disposition and who is not related by blood or marriage to the child
or a member of the child's household. An order of protection entered pursuant to this subdivision
may be for any period of time up to the child's eighteenth birthday and upon such conditions as
the court deems necessary and proper to protect the health and safety of the child and the child's
caretaker.
5. The court may issue an order, pursuant to section two hundred twenty-seven-c of the real
property law, authorizing the party for whose benefit any order of protection has been issued to
terminate a lease or rental agreement pursuant to section two hundred twenty-seven-c of the real
property law.
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impounded animal.
N.Y. AGRIC. & MKTS. LAW § 373 (2009). Seizure of animals lost, strayed, homeless,
abandoned or improperly confined or kept.
1. Any police officer or agent or officer of the American Society for the Prevention of Cruelty to
Animals or any duly incorporated society for the prevention of cruelty to animals, may lawfully
take possession of any lost, strayed, homeless or abandoned animal found in any street, road or
other public place.
1-a. Any police officer in Lewis county may lawfully take possession of any lost, strayed,
homeless or abandoned domestic animal, as defined in section one hundred eight of this chapter,
found in any street, road or other public place.
2. Any such police officer or agent or officer may also lawfully take possession of any animal in
or upon any premises other than a street, road or other public place, which for more than twelve
successive hours has been confined or kept in a crowded or unhealthy condition or in unhealthful
or unsanitary surroundings or not properly cared for or without necessary sustenance, food or
drink, provided that a complaint stating just and reasonable grounds is made under oath or
affirmation to any magistrate authorized to issue warrants in criminal cases, and that such
warrant authorizing entry and search is issued and delivered by such magistrate; if just and
reasonable cause is shown, the magistrate shall immediately issue such warrant.
3. Any such police officer or agent or officer may also lawfully take possession of any unwanted
animal from the person in possession or custody thereof.
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vehicle drawn by or containing any animal, any agent or officer of said 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 or custody, or deliver the same into the possession of the police
charge
thereon.
5. Nothing herein contained shall restrict the rights and powers derived from section one hundred
eighteen of this chapter relating to seizure of unlicensed dogs and the disposition to be made of
animals so seized or taken, nor those derived from any other general or special law relating to the
seizure or other taking of dogs and other animals by a society for the prevention of cruelty to
animals.
6. a. If any animal is seized and impounded pursuant to the provisions of this section,
section three hundred fifty-three-d of this article or section three hundred seventy-five of
this article for any violation of this article, upon arraignment of charges the duly
incorporated society for the prevention of cruelty to animals, humane society, pound,
animal shelter or any authorized agents thereof, hereinafter referred to for the purposes
of this section as the "impounding organization", may file a petition with the court
requesting that the person from whom an animal is seized or the owner of the animal be
ordered to post a security. The security shall be in an amount sufficient to secure
payment for all reasonable expenses expected to be incurred by the impounding
organization in caring and providing for the animal pending disposition of the charges.
Reasonable expenses shall include, but not be limited to, estimated medical care and
boarding of the animal for at least thirty days. The amount of the security, if any, shall be
determined by the court after taking into consideration all of the facts and circumstances
of the case including, but not limited to the recommendation of the impounding
organization having custody and care of the seized animal and the cost of caring for the
animal. If a security has been posted in accordance with this section, the impounding
organization may draw from the security the actual reasonable costs to be incurred by
such organization in caring for the seized animal.
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b. (1) Upon receipt of a petition pursuant to paragraph a of this subdivision the
court shall set a hearing on the petition to be conducted within ten business days
of the filing of such petition. The petitioner shall serve a true copy of the petition
upon the defendant and the district attorney. The petitioner shall also serve a true
copy of the petition on any interested person. For purposes of this subdivision,
interested person shall mean an individual, partnership, firm, joint stock
company, corporation, association, trust, estate or other legal entity who the
court determines may have a pecuniary interest in the animal which is the subject
of the petition. The petitioner shall have the burden of proving by a
preponderance of the evidence that the person from whom the animal was seized
violated a provision of this article. The court may waive for good cause shown the
posting of security.
(2) If the court orders the posting of a security, the security shall be posted with
the clerk of the court within five business days of the hearing provided for in
subparagraph one of this paragraph. The court may order the immediate
forfeiture of the seized animal to the impounding organization if the person
ordered to post the security fails to do so. Any animal forfeited shall be made
available for adoption or euthanized subject to subdivision seven-a of section one
hundred eighteen of this chapter or section three hundred seventy- four of this
article.
(3) In the case of an animal other than a companion animal or pet, if a person
ordered to post security fails to do so, the court may, in addition to the forfeiture
to a duly incorporated society for the prevention of cruelty to animals, humane
society, pound, animal shelter or any authorized agents thereof, and subject to the
restrictions of sections three hundred fifty-four, three hundred fifty-seven and
three hundred seventy-four of this article, order the animal which was the basis of
the order to be sold, provided that all interested persons shall first be provided
the opportunity to redeem their interest in the animal and to purchase the interest
of the person ordered to post security, subject to such conditions as the court
deems appropriate to assure proper care and treatment of the animal. The court
may reimburse the person ordered to post security and any interested persons any
money earned by the sale of the animal less any costs including, but not limited
to, veterinary and custodial care. Any animal determined by the court to be
maimed, diseased, disabled or infirm so as to be unfit for sale or any useful
purpose shall be forfeited to a duly incorporated society for the prevention of
cruelty to animals or a duly incorporated humane society or authorized agents
thereof, and be available for adoption or shall be euthanized subject to section
three hundred seventy-four of this article.
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(4) Nothing in this section shall be construed to limit or restrict in any way the
rights of a secured party having a security interest in any animal described in this
section. This section expressly does not impair or subordinate the rights of such a
secured lender having a security interest in the animal or in the proceeds from the
sale of such animal.
c. In no event shall the security prevent the impounding organization having custody and
care of the animal from disposing of the animal pursuant to section three hundred
seventy-four of this article prior to the expiration of the thirty day period covered by the
security if the court makes a determination of the charges against the person from whom
the animal was seized prior thereto. Upon receipt of a petition from the impounding
organization, the court may order the person from whom the animal was seized or the
owner of the animal to post an additional security with the clerk of the court to secure
payment of reasonable expenses for an additional period of time pending a determination
by the court of the charges against the person from whom the animal was seized. The
person who posted the security shall be entitled to a refund of the security in whole or
part for any expenses not incurred by such impounding organization upon adjudication
of the charges. The person who posted the security shall be entitled to a full refund of the
security, including reimbursement by the impounding organization of any amount
allowed by the court to be expended, and the return of the animal seized and impounded
upon acquittal or dismissal of the charges, except where the dismissal is based upon an
adjournment in contemplation of dismissal pursuant to section 215.30 of the criminal
procedure law. The court order directing such refund and reimbursement shall provide
for payment to be made within a reasonable time from the acquittal or dismissal of charges.
7. Notwithstanding any other provision of this section to the contrary, the court may order a
person charged with any violation of this article to provide necessary food, water, shelter and
care for any animal which is the basis of the charge, without the removal of the animal from its
existing location, until the charges against the person are adjudicated. Until a final determination
of the charges is made, any law enforcement officer, officer of a duly incorporated society for
the prevention of cruelty to animals, or its authorized agents, may be authorized by an order of
the court to make regular visits to where the animal is being kept to ascertain if the animal is
receiving necessary food, water, shelter and care. Nothing shall prevent any law enforcement
officer, officer of a duly incorporated society for the prevention of cruelty to animals, or its
authorized agents, from applying for a warrant pursuant to this section to seize any animal being
held by the person charged pending the adjudication of the charges if it is determined that the
animal is not receiving the necessary food, water, shelter or care.
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N.Y. AGRIC. & MKTS. LAW § 372 (2009). Issuance of warrants upon complaint.
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 of the
provisions of law relating to or in any wise affecting animals are being or about to be violated in
any particular building or place, such 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 such building or place, and to arrest any person there present found violating any of said
laws, and to bring such person before the nearest magistrate of competent jurisdiction, to be
dealt with according to law.
other public place.
successive hours has been confined or kept in a crowded or unhealthy condition or in
unhealthful or unsanitary surroundings or not properly cared for or without necessary
sustenance, food or drink, provided that a complaint stating just and reasonable grounds is
made under oath or affirmation to any magistrate authorized to issue warrants in criminal cases,
and that such warrant authorizing entry and search is issued and delivered by such magistrate;
if just and reasonable cause is shown, the magistrate shall immediately issue such warrant.
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custody thereof; and all necessary expenses incurred in taking charge of such property shall be
a charge thereon.
5. Nothing herein contained shall restrict the rights and powers derived from section one
hundred eighteen of this chapter relating to seizure of unlicensed dogs and the disposition to be
made of animals so seized or taken, nor those derived from any other general or special law
relating to the seizure or other taking of dogs and other animals by a society for the prevention
of cruelty to animals.
animal shelter or any authorized agents thereof, hereinafter referred to for the purposes of
this section as the "impounding organization", may file a petition with the court
ordered to post a security. The security shall be in an amount sufficient to secure payment
for all reasonable expenses expected to be incurred by the impounding organization in
caring and providing for the animal pending disposition of the charges. Reasonable
expenses shall include, but not be limited to, estimated medical care and boarding of the
animal for at least thirty days. The amount of the security, if any, shall be determined by
the court after taking into consideration all of the facts and circumstances of the case
including, but not limited to the recommendation of the impounding organization having
custody and care of the seized animal and the cost of caring for the animal. If a security
has been posted in accordance with this section, the impounding organization may draw
from the security the actual reasonable costs to be incurred by such organization in caring
for the seized animal.
b. (1) Upon receipt of a petition pursuant to paragraph a of this subdivision the court
shall set a hearing on the petition to be conducted within ten business days of the
filing of such petition. The petitioner shall serve a true copy of the petition upon
the defendant and the district attorney. The petitioner shall also serve a true copy
of the petition on any interested person. For purposes of this subdivision,
interested person shall mean an individual, partnership, firm, joint stock company,
corporation, association, trust, estate or other legal entity who the court
determines may have a pecuniary interest in the animal which is the subject of the
petition. The petitioner shall have the burden of proving by a preponderance of
the evidence that the person from whom the animal was seized violated a
provision of this article. The court may waive for good cause shown the posting
of security.
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subparagraph one of this paragraph. The court may order the immediate forfeiture
of the seized animal to the impounding organization if the person ordered to post
the security fails to do so. Any animal forfeited shall be made available for
adoption or euthanized subject to subdivision seven-a of section one hundred
eighteen of this chapter or section three hundred seventy- four of this article.
the order to be sold, provided that all interested persons shall first be provided the
opportunity to redeem their interest in the animal and to purchase the interest of
the person ordered to post security, subject to such conditions as the court deems
appropriate to assure proper care and treatment of the animal. The court may
reimburse the person ordered to post security and any interested persons any
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part for any expenses not incurred by such impounding organization upon adjudication of
the charges. The person who posted the security shall be entitled to a full refund of the
procedure law. The court order directing such refund and reimbursement shall provide for
payment to be made within a reasonable time from the acquittal or dismissal of charges.
existing location, until the charges against the person are adjudicated. Until a final
determination of the charges is made, any law enforcement officer, officer of a duly incorporated
society for the prevention of cruelty to animals, or its authorized agents, may be authorized by
an order of the court to make regular visits to where the animal is being kept to ascertain if the
animal is receiving necessary food, water, shelter and care. Nothing shall prevent any law
enforcement officer, officer of a duly incorporated society for the prevention of cruelty to
animals, or its authorized agents, from applying for a warrant pursuant to this section to seize
any animal being held by the person charged pending the adjudication of the charges if it is
determined that the animal is not receiving the necessary food, water, shelter or care.
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8. FORFEITURE / POSSESSION OF ANIMALS
other public place.
charge
thereon.
5. Nothing herein contained shall restrict the rights and powers derived from section one
hundred eighteen of this chapter relating to seizure of unlicensed dogs and the disposition to be
made of animals so seized or taken, nor those derived from any other general or special law
relating to the seizure or other taking of dogs and other animals by a society for the prevention of
cruelty to animals.
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of security.
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the order to be sold, provided that all interested persons shall first be provided
the opportunity to redeem their interest in the animal and to purchase the interest
of the person ordered to post security, subject to such conditions as the court
deems appropriate to assure proper care and treatment of the animal. The court
may reimburse the person ordered to post security and any interested persons any
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N.Y. AGRIC. & MKTS. LAW § 374 (2009). Humane destruction or other disposition of animals
lost, strayed, homeless, abandoned or improperly confined or kept.
1. Any agent or officer of the American Society for the Prevention of Cruelty to Animals, or of any
society duly incorporated for that purpose, or any police officer, may lawfully and humanely destroy
or cause to be humanely destroyed any animal found abandoned and not properly cared for, or any
lost, strayed, homeless or unwanted animal, if upon examination a licensed veterinary surgeon shall
certify in writing, or if two reputable citizens called by him to view the same in his presence find
that the animal is so maimed, diseased, disabled, or infirm so as to be unfit 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.
2. In the absence of such findings or certificate the American Society for the Prevention of Cruelty
to Animals or any society duly incorporated forthat purpose may after five days humanely destroy
any animal of which possession is taken as provided for in the preceding section, unless the same is
earlier redeemed by its owner.
2-a. The use of a decompression chamber or decompression device of any kind is hereby declared to
be inhumane when used for the purpose of destroying an animal and is hereby prohibited.
2-b. No person shall euthanize any dog or cat w ith T-61, curare, any curariform drug, any neuro-
muscular blocking agent or any other paralyzing drug.
2-c. No person shall euthanize a dog or cat by gunshot except as an em ergency procedure for a
dangerous dog or a severely injured dog or cat that is suffering and cannot otherwise be aided.
2-d. No person shall euthanize a dog or cat by gas emitted from any engine exhaust system.
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2-e. No person shall release any dog or cat fromthe custody or control ofany pound, shelter, society
for the prevention of cruelty to anim als, humane society, dog protective association, dog control
officer, peace officer or any agen t thereof, for any purpose except adoption or redem ption by its
owner.
Any violation of this subdivision, or subdivision two-a, two-b, two-c or two-d of this section shall
constitute a misdemeanor and shall be punishable by imprisonment for not more than one year, or by
a fine of not more than one thousand dollars, or by both.
3. In lieu of such destruction or redemption, such society may in its discretion lawfully and without
liability deliver such animal for adoption to an individual other than the owner after the tim e for
redemption has expired.
4. Prior to such destruction or other disposition,the owner of the animal may redeem the same upon
proving title to the satisfaction of such societyand paying such society such amount, approved by a
magistrate, as may have been reasonably expended by such society in connection with the care and
maintenance thereof.
5.
a. In addition to any other penalty provided by law, upon conviction for any violation of
section three hundred fifty-one, three hundred fifty-three, three hundred fifty-three-a,
three hundred fifty-three-b, three hundred fifty-five, three hundred fifty-six, three hundred
fifty-nine, three hundred sixty, three hundred sixty-one, three hundred sixty-five or three
hundred sixty-eight of this article, the convicted person may, after a duly held hearing
pursuant to paragraph f of this subdivision, be ordered by the court to forfeit, to a duly
incorporated society for the prevention of cruelty to animals or a duly incorporated
humane society or authorized agents thereof, the animal or animals which are the basis
of the conviction. Upon such an order of forfeiture, the convicted person shall be deemed
to have relinquished all rights to the animals which are the basis of the conviction,
except those granted in paragraph d of this subdivision.
b. Pursuant to the provisions of subdivisions two-a, two-b, two-c and two-d of this section,
no dog or cat in the custody of a duly incorporated society for the prevention of cruelty to
animals, a duly incorporated humane society or its authorized agents thereof, or a pound or
shelter, shall be sold, transferred or otherwise made available to any person for the purpose
of research, experimentation or testing. No authorized agent of a duly incorporated society
for the prevention of cruelty to animals, nor of a duly incorporated humane society, shall use
any animal placed in its custody by the duly in corporated society for the prevention of
cruelty to anim als or duly incorporated humane society for the purpose of research,
experimentation or testing.
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c. The court may additionally order that the convicted person or any person dwelling in the
same household who conspired, aided or abetted in the unlawful act which was the basis of
the conviction, or who knew or should have known of the unlawful act, shall not own,
harbor, or have custody or control of any other animals, other than farm animals, for a
period of time which the court deems reasonable.
d. In the case of farm animals, the court may, in addition to the forfeiture to a duly
incorporated society for the prevention of cruelty to animals or a duly incorporated humane
society or authorized agents thereof, and subject to the restrictions of sections three hundred
fifty-four and three hundred fifty-seven of this article, order the farm animals which were the
basis of the conviction to be sold. In no case shall farm animals which are the basis of the
conviction be redeemed by the convicted person who is the subject of the order of forfeiture
or by any person dwelling in the same household who conspired, aided or abetted in the
unlawful act which was the basis of the conviction, or who knew or should have known of the
unlawful act. The court shall reimburse the convicted person and any duly determined
interested persons, pursuant to paragraph f of this subdivision, any money earned by the sale
of the farm animals less any costs including, but not limited to, veterinary and custodial
care, and any fines or penalties imposed by the court. The court may order that the subject
animals be provided with appropriate care and treatment pending the hearing and the
disposition of the charges. Any farm animal ordered forfeited but not sold shall be remanded
to the custody and charge of a duly incorporated society for the prevention of cruelty to
animals or duly incorporated humane society or its authorized agent thereof and disposed of
pursuant to paragraph e of this subdivision.
e. A duly incorporated society for the prevention of cruelty to animals or a duly incorporated
humane society in charge of animals forfeited pursuant to paragraph a of this subdivision
may, in its discretion, lawfully and without liability, adopt them to individuals other than the
convicted person or person dwelling in the same household who conspired, aided or abetted
in the unlawful act which was the basis of the conviction, or who knew or should have known
of the unlawful act, or humanely dispose of them according to the provisions of subdivisions
two-a, two-b, two-c, and two-d of this section.
f. (1) Prior to an order of forfeiture of farm animals, a hearing shall be held within
thirty days of conviction, to determine the pecuniary interests of any other person in
the farm animals which were the basis of the conviction. Written notice shall be
served at least five days prior to the hearing upon all interested persons. In addition,
notice shall be made by publication in a local newspaper at least seven days prior to
the hearing. For the purposes of this subdivision, interested persons shall mean any
individual, partnership, firm, joint stock company, corporation, association, trust,
estate, or other legal entity who the court determines may have a pecuniary interest
in the farm animals which are the subject of the forfeiture action.
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(2) All interested persons shall be provided an opportunity at the hearing to redeem
their interest as determined by the court in the subject farm animals and to purchase
the interest of the convicted person. The convicted person shall be entitled to be
reimbursed his interest in the farm animals, less any costs, fines or penalties imposed
by the court, as specified under paragraph d of this subdivision. In no case shall the
court award custody or control of the animals to any interested person who
conspired, aided or abetted in the unlawful act which was the basis of the conviction,
or who knew or should have known of the unlawful act.
g. Nothing in this section shall be construed to limit or restrict in any way the rights of a
secured party having a security interest in any farm animal described in this section. This
section expressly does not impair or subordinate the rights of such a secured lender having a
security interest in farm animals or in the proceeds from the sale of such farm animals.
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N.Y. EDUC. LAW § 6714 (2009). Treatment records
1. Upon written request from the owner of an animal which has received treatment from or under
the supervision of a veterinarian, such veterinarian shall provide to such owner within a
reasonable time period a copy of all records relating to the treatment of such animal. For the
purposes of this section, the term "records" shall mean all information concerning or related to
the examination or treatment of the animal kept by the veterinarian in the course of his or her
practice. A veterinarian may impose a reasonable charge for providing copies of such records. A
veterinarian may make available to the owner either the original or a copy of such record or
document including x-rays, electrocardiograms and other diagnostic tests and may impose a
reasonable fee for the reproduction of such copies.
2. A veterinarian licensed pursuant to this article, may disclose records, as defined in this
section, concerning a companion animal as defined in section three hundred fifty of the
agriculture and markets law which has received treatment by such veterinarian without the
consent of the companion animal's owner under the following circumstances:
(a) When a veterinarian reasonably and in good faith suspects that a companion animal's
injury, illness or condition is the result of animal cruelty or a violation of any state or
federal law pertaining to the care, treatment, abuse or neglect of a companion animal,
the veterinarian may report the incident and disclose records concerning the companion
animal's condition and treatment to the police, duly incorporated society for the
prevention of cruelty to animals, peace officer, district attorney's office, animal control
officer, department of agriculture and markets, other appropriate government agency, or
any agent thereof.
(b) When a veterinarian reasonably believes that disclosure of records as defined in this
section, is necessary to protect the health or welfare of a companion animal, a person or
the public, the veterinarian may disclose such records to the police, duly incorporated
society for the prevention of cruelty to animals, peace officer, animal control officer,
department of agriculture and markets, other appropriate government agency, or any
agent thereof.
3. A veterinarian acts in good faith within the meaning of this section when he or she reasonably
believes that his or her actions are necessary to protect the health and welfare of the companion
animal or the public.
4. A veterinarian who reasonably and in good faith reports or discloses records in accordance
with this section shall be immune from liability in the form of damages in any civil or criminal
proceeding on account of such reporting or disclosure.
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N.Y. AGRIC. & MKTS. LAW § 371 (2009). Powers of peace officers.
A constable or police officer must, and any agent or officer of any duly incorporated society for
the prevention of cruelty to animals may issue an appearance ticket pursuant to section 150.20
of the criminal procedure law, summon or arrest, and bring before a court or magistrate having
jurisdiction, any person offending against any of the provisions of article twenty-six of the
agriculture and markets law. Any officer or agent of any of said societies may lawfully interfere
to prevent the perpetration of any act of cruelty upon any animal in his presence. Any of said
societies may prefer a complaint before any court, tribunal or magistrate having jurisdiction, for
the violation of any law relating to or affecting animals and may aid in presenting the law and
facts before such court, tribunal or magistrate in any proceeding taken.
any particular building or place, such 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
laws, and to bring such person before the nearest magistrate of competent jurisdiction, to be
dealt with according to law.
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12. SEXUAL ASSAULT
N.Y. PENAL LAW § 130.20 (2009). Sexual misconduct
A person is guilty of sexual misconduct when:
1. He or she engages in sexual intercourse with another person without such person's
consent; or
2. He or she engages in oral sexual conduct or anal sexual conduct with another person
without such person's consent; or
3. He or she engages in sexual conduct with an animal or a dead human body.
Sexual misconduct is a class A misdemeanor.
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13. FIGHTING
N.Y. AGRIC. & MKTS. LAW § 351 (2009). 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 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
(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) , (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.
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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 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 § 375 (2009). Officer may take possession of animals or
implements used in fights among animals
Any officer authorized by law to make arrests may lawfully take possession of any animals, or
violation of any provision of law relating to fights among animals. He shall state to the person in
charge thereof, at the time of such taking, his name and residence, and also, the time and place
at which the application provided for by the next section will be made.
N.Y. AGRIC. & MKTS. LAW § 376 (2009). Disposition of animals or implements used in
fights among animals
The officer, after taking possession of such animals, or implements, or other property, pursuant
to the preceding section, shall apply to the magistrate before whom complaint is made against
the offender violating such provision of law, for the order next hereinafter mentioned, and shall
make and file an affidavit with such magistrate, stating therein the name of the offender charged
in such complaint, the time, place and description of the animals, implements or other property
so taken, together with the name of the party who claims the same, if known, and that the affiant
has reason to believe and does believe, stating the grounds of such belief, that the same were
used or employed, or were about to be used or employed, in such violation, and will establish the
truth thereof upon the trial of such offender. He shall then deliver such animals, implements, or
other property, to such magistrate, who shall thereupon, by order in writing, place the same in
the custody of an officer or other proper person in such order named and designated, to be by
him kept until the trial or final discharge of the offender, and shall send a copy of such order,
without delay, to the district attorney of the county. The officer or person so named and
designated in such order, shall immediately thereupon assume such custody, and shall retain the
same for the purpose of evidence upon such trial, subject to the order of the court before which
such offender may be required to appear, until his final discharge or conviction. Upon the
conviction of such offender, the animals, implements, or other property, shall be adjudged by the
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court to be forfeited. In the event of the acquittal or final discharge, without conviction, of such
offender, such court shall, on demand, direct the delivery of the property so held in custody to
the owner thereof.
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N.Y. AGRIC. & MKTS. LAW § 350 (2009). Definitions.
1. AAnimal,@ as used in this article, includes every living creature except a human being;
2. ATorture@ or Acruelty@ includes every act, omission, or neglect, whereby unjustifiable physical
3. AAdoption@ 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. AFarm 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. ACompanion animal@ or Apet@ means any dog or cat, and shall also mean any other
domesticated animal normally maintained in or near the household of the owner or person who
cares for such other domesticated animal. APet@ or Acompanion animal@ shall not include a Afarm
animal@ as defined in this section.
N.Y. AGRIC. & MKTS. LAW § 351 (2009). 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 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
(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) , (b) or (c) of this subdivision to occur on
premises under his control; or
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(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 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.
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guilty of a class A misdemeanor 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.
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
exceeding one year.

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2.
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.
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.
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and trash. The housing facility and the area immediately surrounding it shall be regularly
cleaned to maintain a healthy and sanitary environment and to minimize health hazards.
healthful environment in the area immediately surrounding such facility, or by the appearance or
physical condition of the dog.
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.
confinement places the companion animal in imminent danger of death or serious physical injury
due to exposure to such extreme heat or cold.
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.
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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
impounded animal.
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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.

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
place.
A person who wilfully throws, drops or places, orcauses to be thrown, dropped or placed upon any
road, highway, street or public place, any glass, nails, pieces of m etal, or other substance which
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N.Y. AGRIC. & MKTS. LAW § 371 (2009). Powers of peace officers.
A constable or police officer must, and any agent or officer of any duly incorporated society for
the prevention of cruelty to animals may issue an appearance ticket pursuant to section 150.20 of
the criminal procedure law, summon or arrest, and bring before a court or magistrate having
jurisdiction, any person offending against any of the provisions of article twenty-six of the
agriculture and markets law. Any officer or agent of any of said societies may lawfully interfere
to prevent the perpetration of any act of cruelty upon any animal in his presence. Any of said
societies may prefer a complaint before any court, tribunal or magistrate having jurisdiction, for
the violation of any law relating to or affecting animals and may aid in presenting the law and
facts before such court, tribunal or magistrate in any proceeding taken.
any particular building or place, such 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
laws, and to bring such person before the nearest magistrate of competent jurisdiction, to be dealt
with according to law.
other public place.
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charge
thereon.
5. Nothing herein contained shall restrict the rights and powers derived from section one hundred
eighteen of this chapter relating to seizure of unlicensed dogs and the disposition to be made of
animals so seized or taken, nor those derived from any other general or special law relating to the
seizure or other taking of dogs and other animals by a society for the prevention of cruelty to
animals.
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of security.
the order to be sold, provided that all interested persons shall first be provided the
opportunity to redeem their interest in the animal and to purchase the interest of
the person ordered to post security, subject to such conditions as the court deems
appropriate to assure proper care and treatment of the animal. The court may
reimburse the person ordered to post security and any interested persons any
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N.Y. AGRIC. & MKTS. LAW § 374 (2009). Humane destruction or other disposition of animals
lost, strayed, homeless, abandoned or improperly confined or kept.
1. Any agent or officer of the American Society for the Prevention of Cruelty to Animals, or of any
society duly incorporated for that purpose, or any police officer, may lawfully and humanely destroy
or cause to be humanely destroyed any animal found abandoned and not properly cared for, or any
lost, strayed, homeless or unwanted animal, if upon examination a licensed veterinary surgeon shall
certify in writing, or if two reputable citizens called by him to view the same in his presence find
that the animal is so maimed, diseased, disabled, or infirm so as to be unfit 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.
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2. In the absence of such findings or certificate the American Society for the Prevention of Cruelty
to Animals or any society duly incorporated forthat purpose may after five days humanely destroy
any animal of which possession is taken as provided for in the preceding section, unless the same is
earlier redeemed by its owner.
2-a. The use of a decompression chamber or decompression device of any kind is hereby declared to
be inhumane when used for the purpose of destroying an animal and is hereby prohibited.
2-b. No person shall euthanize any dog or cat w ith T-61, curare, any curariform drug, any neuro-
muscular blocking agent or any other paralyzing drug.
2-c. No person shall euthanize a dog or cat by gunshot except as an em ergency procedure for a
dangerous dog or a severely injured dog or cat that is suffering and cannot otherwise be aided.
2-d. No person shall euthanize a dog or cat by gas emitted from any engine exhaust system.
2-e. No person shall release any dog or cat fromthe custody or control ofany pound, shelter, society
for the prevention of cruelty to anim als, humane society, dog protective association, dog control
officer, peace officer or any agen t thereof, for any purpose except adoption or redem ption by its
owner.
Any violation of this subdivision, or subdivision two-a, two-b, two-c or two-d of this section shall
constitute a misdemeanor and shall be punishable by imprisonment for not more than one year, or by
a fine of not more than one thousand dollars, or by both.
3. In lieu of such destruction or redemption, such society may in its discretion lawfully and without
liability deliver such animal for adoption to an individual other than the owner after the tim e for
redemption has expired.
4. Prior to such destruction or other disposition,the owner of the animal may redeem the same upon
proving title to the satisfaction of such societyand paying such society such amount, approved by a
magistrate, as may have been reasonably expended by such society in connection with the care and
maintenance thereof.
5.
a. In addition to any other penalty provided by law, upon conviction for any violation of
section three hundred fifty-one, three hundred fifty-three, three hundred fifty-three-a,
three hundred fifty-three-b, three hundred fifty-five, three hundred fifty-six, three
hundred fifty-nine, three hundred sixty, three hundred sixty-one, three hundred sixty-five
or three hundred sixty-eight of this article, the convicted person may, after a duly held
hearing pursuant to paragraph f of this subdivision, be ordered by the court to forfeit, to a
duly incorporated society for the prevention of cruelty to animals or a duly incorporated
humane society or authorized agents thereof, the animal or animals which are the basis of
the conviction. Upon such an order of forfeiture, the convicted person shall be deemed to
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have relinquished all rights to the animals which are the basis of the conviction, except
those granted in paragraph d of this subdivision.
b. Pursuant to the provisions of subdivisions two-a, two-b, two-c and two-d of this section,
no dog or cat in the custody of a duly incorporated society for the prevention of cruelty to
animals, a duly incorporated humane society or its authorized agents thereof, or a pound or
shelter, shall be sold, transferred or otherwise made available to any person for the purpose
of research, experimentation or testing. No authorized agent of a duly incorporated society
for the prevention of cruelty to animals, nor of a duly incorporated humane society, shall use
any animal placed in its custody by the duly in corporated society for the prevention of
cruelty to anim als or duly incorporated humane society for the purpose of research,
experimentation or testing.
c. The court may additionally order that the convicted person or any person dwelling in the
same household who conspired, aided or abetted in the unlawful act which was the basis of
the conviction, or who knew or should have known of the unlawful act, shall not own,
harbor, or have custody or control of any other animals, other than farm animals, for a period
of time which the court deems reasonable.
d. In the case of f arm anim als, the court m ay, in addition to the f orfeiture to a duly
incorporated society for the prevention of cruelty to animals or a duly incorporated humane
society or authorized agents thereof, and subject to the restrictions of sections three hundred
fifty-four and three hundred fifty-seven of this article, order the farmanimals which were the
basis of the conviction to be sold. In no case shall farm animals which are the basis of the
conviction be redeemed by the convicted person who is the subject of the order of forfeiture
or by any person dwelling in the sam e household who conspired, aided or abetted in the
unlawful act which was the basis of the conviction, or who knew or should have known of
the unlawful act. The court shall reimburse the convicted person and any duly determined
interested persons, pursuant to paragraph f of this subdivision, any money earned by the sale
of the farm animals less any costs including, butnot limited to, veterinary and custodial care,
and any fines or penalties imposed by the court. The court may order that the subject animals
be provided with appropriate care and treatment pending the hearing and the disposition of
the charges. Any farm animal ordered forfeited but not sold shall be remanded to the custody
and charge of a duly incorporated society for the prevention of cruelty to anim als or duly
incorporated humane society or its authorized agent thereof and disposed of pursuant to
paragraph e of this subdivision.
e. A duly incorporated society for the prevention of cruelty to animals or a duly incorporated
humane society in charge of anim als forfeited pursuant to paragraph a of this subdivision
may, in its discretion, lawfully and without liability, adopt them to individuals other than the
convicted person or person dwelling in the same household who conspired, aided or abetted
in the unlawful act which was the basis of the conviction, or who knew or should have
known of the unlawful act, or hum anely dispose of them according to the provisions of
subdivisions two-a, two-b, two-c, and two-d of this section.
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f. (1) Prior to an order of forfeiture of farm animals, a hearing shall be held within
thirty days of conviction, to determine the pecuniary interests of any other person in
the farm animals which were the basis of the conviction. W ritten notice shall be
served at least five days prior to the hearing upon all interested persons. In addition,
notice shall be made by publication in a local newspaper at least seven days prior to
the hearing. For the purposes of this subdivision, interested persons shall mean any
individual, partnership, firm , joint stock company, corporation, association, trust,
estate, or other legal entity who the court determines may have a pecuniary interest
in the farm animals which are the subject of the forfeiture action.
(2) All interested persons shall be provided an opportunity at the hearing to redeem
their interest as determined by the court in the subject farm animals and to purchase
the interest of the convicted person. The convicted person shall be entitled to be
reimbursed his interest in the farm animals, less any costs, fines or penalties imposed
by the court, as specified under paragraph d of this subdivision. In no case shall the
court award custody or control of the animals to any interested person who
conspired, aided or abetted in the unlawful act which was the basis of the conviction,
or who knew or should have known of the unlawful act.
g. Nothing in this section shall be construed to limit or restrict in any way the rights of a
secured party having a security interest in any farm animal described in this section. This
section expressly does not impair or subordinate the rights of such asecured lender having a
security interest in farm animals or in the proceeds from the sale of such farm animals.
N.Y. AGRIC. & MKTS. LAW § 375 (2009). Officer may take possession of animals or
implements used in fights among animals
Any officer authorized by law to make arrests may lawfully take possession of any animals, or
violation of any provision of law relating to fights among animals. He shall state to the person in
charge thereof, at the time of such taking, his name and residence, and also, the time and place at
which the application provided for by the next section will be made.
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N.Y. AGRIC. & MKTS. LAW § 376 (2009). Disposition of animals or implements used in
fights among animals
The officer, after taking possession of such animals, or implements, or other property, pursuant
to the preceding section, shall apply to the magistrate before whom complaint is made against
the offender violating such provision of law, for the order next hereinafter mentioned, and shall
make and file an affidavit with such magistrate, stating therein the name of the offender charged
in such complaint, the time, place and description of the animals, implements or other property
so taken, together with the name of the party who claims the same, if known, and that the affiant
has reason to believe and does believe, stating the grounds of such belief, that the same were
used or employed, or were about to be used or employed, in such violation, and will establish the
truth thereof upon the trial of such offender. He shall then deliver such animals, implements, or
other property, to such magistrate, who shall thereupon, by order in writing, place the same in
the custody of an officer or other proper person in such order named and designated, to be by
him kept until the trial or final discharge of the offender, and shall send a copy of such order,
without delay, to the district attorney of the county. The officer or person so named and
designated in such order, shall immediately thereupon assume such custody, and shall retain the
same for the purpose of evidence upon such trial, subject to the order of the court before which
such offender may be required to appear, until his final discharge or conviction. Upon the
conviction of such offender, the animals, implements, or other property, shall be adjudged by the
court to be forfeited. In the event of the acquittal or final discharge, without conviction, of such
offender, such court shall, on demand, direct the delivery of the property so held in custody to
the owner thereof.
N.Y. CRIM. PRO. LAW § 530.12 (2009). Protection for victims of family offenses
1. When a criminal action is pending involving a complaint charging any crime or violation
between spouses, former spouses, parent and child, or between members of the same family or
household, as members of the same family or household are defined in subdivision one of
section 530.11 of this article, the court, in addition to any other powers conferred upon it by this
chapter may issue a temporary order of protection in conjunction with any securing order
committing the defendant to the custody of the sheriff or as a condition of any order of
recognizance or bail or an adjournment in contemplation of dismissal. In addition to any other
conditions, such an order may require the defendant:
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household member or of any designated witness, provided that the court shall make a
whether to impose a condition pursuant to this paragraph, provided further, however, that
failure to make such a determination shall not affect the validity of such temporary order
of protection. In making such determination, the court shall consider, but shall not be
limited to consideration of, whether the temporary order of protection is likely to achieve
its purpose in the absence of such a condition, conduct subject to prior orders of
protection, prior incidents of abuse, past or present injury, threats, drug or alcohol abuse,
and access to weapons;

from harassing, intimidating or threatening such persons;
law;
(f)
held by the victim or a minor child residing in the household.
2. “Companion animal”, as used in this section, shall have the same meaning as in
subdivision five of section three hundred fifty of the agriculture and markets law.
(g) The court may issue an order, pursuant to section two hundred twenty-seven-c of the
real property law, authorizing the party for whose benefit any order of protection has
been issued to terminate a lease or rental agreement pursuant to section two hundred
twenty-seven-c of the real property law.
2. Notwithstanding any other provision of law, a temporary order of protection issued or

continued by a family court pursuant to section eight hundred thirteen of the family court act
shall continue in effect, absent action by the appropriate criminal court pursuant to subdivision
three of this section, until the defendant is arraigned upon an accusatory instrument filed
pursuant to section eight hundred thirteen of the family court act in such criminal court.
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3. The court may issue a temporary order of protection ex parte upon the filing of an accusatory
instrument and for good cause shown. When a family court order of protection is modified, the
criminal court shall forward a copy of such modified order to the family court issuing the
original order of protection; provided, however, that where a copy of the modified order is
transmitted to the family court by facsimile or other electronic means, the original copy of such
modified order and accompanying affidavit shall be forwarded immediately thereafter.
3-a. Emergency powers when family court not in session; issuance of temporary orders of
protection. Upon the request of the petitioner, a local criminal court may on an ex parte basis
issue a temporary order of protection pending a hearing in family court, provided that a sworn
affidavit, verified in accordance with subdivision one of section 100.30 of this chapter, is
submitted: (i) alleging that the family court is not in session; (ii) alleging that a family offense, as
defined in subdivision one of section eight hundred twelve of the family court act and
subdivision one of section 530.11 of this article, has been committed; (iii) alleging that a family
offense petition has been filed or will be filed in family court on the next day the court is in
session; and (iv) showing good cause. Upon appearance in a local criminal court, the petitioner
shall be advised that he or she may continue with the proceeding either in family court or upon
the filing of a local criminal court accusatory instrument in criminal court or both. Upon issuance
of a temporary order of protection where petitioner requests that it be returnable in family court,
the local criminal court shall transfer the matter forthwith to the family court and shall make the
matter returnable in family court on the next day the family court is in session, or as soon
thereafter as practicable, but in no event more than four calendar days after issuance of the order.
The local criminal court, upon issuing a temporary order of protection returnable in family court
pursuant to this subdivision, shall immediately forward, in a manner designed to insure arrival
before the return date set in the order, a copy of the temporary order of protection and sworn
affidavit to the family court and shall provide a copy of such temporary order of protection to the
petitioner; provided, however, that where a copy of the temporary order of protection and
order and affidavit shall be forwarded to the family court immediately thereafter. Any temporary
order of protection issued pursuant to this subdivision shall be issued to the respondent, and
copies shall be filed as required in subdivisions six and eight of this section for orders of
protection issued pursuant to this section. Any temporary order of protection issued pursuant to
this subdivision shall plainly state the date that such order expires which, in the case of an order
returnable in family court, shall be not more than four calendar days after its issuance, unless
sooner vacated or modified by the family court. A petitioner requesting a temporary order of
protection returnable in family court pursuant to this subdivision in a case in which a family
court petition has not been filed shall be informed that such temporary order of protection shall
expire as provided for herein, unless the petitioner files a petition pursuant to subdivision one of
section eight hundred twenty-one of the family court act on or before the return date in family
court and the family court issues a temporary order of protection or order of protection as
authorized under article eight of the family court act. Nothing in this subdivision shall limit or
restrict the petitioner's right to proceed directly and without court referral in either a criminal or
family court, or both, as provided for in section one hundred fifteen of the family court act and
section 100.07 of this chapter.
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3-b. Emergency powers when family court not in session; modifications of orders of protection
or temporary orders of protection. Upon the request of the petitioner, a local criminal court may
on an ex parte basis modify a temporary order of protection or order of protection which has
been issued under article four, five, six or eight of the family court act pending a hearing in
family court, provided that a sworn affidavit verified in accordance with subdivision one of
section 100.30 of this chapter is submitted: (i) alleging that the family court is not in session and
(ii) showing good cause, including a showing that the existing order is insufficient for the
purposes of protection of the petitioner, the petitioner's child or children or other members of the
petitioner's family or household. The local criminal court shall make the matter regarding the
modification of the order returnable in family court on the next day the family court is in session,
or as soon thereafter as practicable, but in no event more than four calendar days after issuance
of the modified order. The court shall immediately forward a copy of the modified order, if any,
and sworn affidavit to the family court and shall provide a copy of such modified order, if any,
and affidavit to the petitioner; provided, however, that where copies of such modified order and
copies of such modified order and affidavit shall be forwarded to the family court immediately
thereafter. Any modified temporary order of protection or order of protection issued pursuant to
this subdivision shall be issued to the respondent and copies shall be filed as required in
subdivisions six and eight of this section for orders of protection issued pursuant to this section.
4. The court may issue or extend a temporary order of protection ex parte or on notice
simultaneously with the issuance of a warrant for the arrest of defendant. Such temporary order
of protection may continue in effect until the day the defendant subsequently appears in court
pursuant to such warrant or voluntarily or otherwise.
5. Upon conviction of any crime or violation between spouses, parent and child, or between
members of the same family or household, the court may in addition to any other disposition,
replaced by a youthful offender adjudication. In addition to any other conditions, such an order
may require the defendant:
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household member, the other spouse or the child, or of any witness designated by the
court, provided that the court shall make a determination, and shall state such
determination in a written decision or on the record, whether to impose a condition
pursuant to this paragraph, provided further, however, that failure to make such a
determination shall not affect the validity of such order of protection. In making such
determination, the court shall consider, but shall not be limited to consideration of,
whether the order of protection is likely to achieve its purpose in the absence of such a
condition, conduct subject to prior orders of protection, prior incidents of abuse, extent of
past or present injury, threats, drug or alcohol abuse, and access to weapons;

from harassing, intimidating or threatening such persons; or
law.
6. An order of protection or a temporary order of protection issued pursuant to subdivision one,

two, three, four or five of this section shall bear in a conspicuous manner the term “order of
protection” or “temporary order of protection” as the case may be and a copy shall be filed by
the clerk of the court with the sheriff's office in the county in which the complainant resides, or,
if the complainant resides within a city, with the police department of such city. The absence of
such language shall not affect the validity of such order. A copy of such order of protection or
temporary order of protection may from time to time be filed by the clerk of the court with any
other police department or sheriff's office having jurisdiction of the residence, work place, and
school of anyone intended to be protected by such order. A copy of the order may also be filed
by the complainant at the appropriate police department or sheriff's office having jurisdiction.
Any subsequent amendment or revocation of such order shall be filed in the same manner as
herein provided.
Such order of protection shall plainly state the date that such order expires.
6-a. The court shall inquire as to the existence of any other orders of protection between the
defendant and the person or persons for whom the order of protection is sought.
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7. A family offense subject to the provisions of this section which occurs subsequent to the
issuance of an order of protection under this chapter shall be deemed a new offense for which the
complainant may seek to file a new accusatory instrument and may file a family court petition
under article eight of the family court act as provided for in section 100.07 of this chapter.

warrant has been issued under this section, the clerk of the court shall issue to the complainant
and defendant and defense counsel and to any other person affected by the order a copy of the
order of protection or temporary order of protection and ensure that a copy of the order of
protection or temporary order of protection be transmitted to the local correctional facility where
the individual is or will be detained, the state or local correctional facility where the individual is
or will be imprisoned, and the supervising probation department or division of parole where the
warrant to any peace officer acting pursuant to his special duties or police officer shall constitute
9. If no warrant, order or temporary order of protection has been issued by the court, and an act
alleged to be a family offense as defined in section 530.11 of this chapter is the basis of the
arrest, the magistrate shall permit the complainant to file a petition, information or accusatory
instrument and for reasonable cause shown, shall thereupon hold such respondent or defendant,
admit to, fix or accept bail, or parole him for hearing before the family court or appropriate
criminal court as the complainant shall choose in accordance with the provisions of section
530.11 of this chapter.
10. Punishment for contempt based on a violation of an order of protection or temporary order of
protection shall not affect the original criminal action, nor reduce or diminish a sentence upon
conviction for the original crime or violation alleged therein or for a lesser included offense
thereof.
11. If a defendant is brought before the court for failure to obey any lawful order issued under
this section, or an order of protection issued by a court of competent jurisdiction in another state,
territorial or tribal jurisdiction, and if, after hearing, the court is satisfied by competent proof that
the defendant has willfully failed to obey any such order, the court may:
(a) revoke an order of recognizance or revoke an order of bail or order forfeiture of such
bail and commit the defendant to custody; or
of dismissal and commit the defendant to custody; or
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[(e) Repealed. ]
12. The chief administrator of the courts shall promulgate appropriate uniform temporary orders
of protection and orders of protection forms to be used throughout the state. Such forms shall be
promulgated and developed in a manner to ensure the compatability of such forms with the
statewide computerized registry established pursuant to section two hundred twenty-one-a of the
executive law.

protection when applicable, may be entered against a former spouse and persons who have a
section 530.11 of this article.
14. The people shall make reasonable efforts to notify the complainant alleging a crime
constituting a family offense when the people have decided to decline prosecution of such crime,
to dismiss the criminal charges against the defendant or to enter into a plea agreement. The
people shall advise the complainant of the right to file a petition in the family court pursuant to
section 100.07 of this chapter and section one hundred fifteen of the family court act.
In any case where allegations of criminal conduct are transferred from the family court to the
criminal court pursuant to paragraph (ii) of subdivision (b) of section eight hundred forty-six of
the family court act, the people shall advise the family court making the transfer of any decision
to file an accusatory instrument against the family court respondent and shall notify such court of
the disposition of such instrument and the sentence, if any, imposed upon such respondent.
Release of a defendant from custody shall not be delayed because of the requirements of this
subdivision.
15. Any motion to vacate or modify an order of protection or temporary order of protection shall
be on notice to the non-moving party, except as provided in subdivision three-b of this section.
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N.Y. CRIM. PRO. LAW § 530.13 (2009). Protection of victims of crimes, other than family
offenses
1. When any criminal action is pending, and the court has not issued a temporary order of
protection pursuant to section 530.12 of this article, the court, in addition to the other powers
conferred upon it by this chapter, may for good cause shown issue a temporary order of
protection in conjunction with any securing order committing the defendant to the custody of the
sheriff or as a condition of a pre-trial release, or as a condition of release on bail or an
adjournment in contemplation of dismissal. In addition to any other conditions, such an order
(a) stay away from the home, school, business or place of employment of the victims of,
or designated witnesses to, the alleged offense;
victims of the alleged offense and such members of the family or household of such
victims or designated witnesses as shall be specifically named by the court in such order;
(c)

victims' household.
2. "Companion animal", as used in this section, shall have the same meaning as in
2. The court may issue a temporary order of protection under this section ex parte upon the filing
of an accusatory instrument and for good cause shown.
3. The court may issue or extend a temporary order of protection under this section ex parte
simultaneously with the issuance of a warrant for the arrest of the defendant. Such temporary
order of protection may continue in effect until the day the defendant subsequently appears in
court pursuant to such warrant or voluntarily or otherwise.
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4. Upon conviction of any offense, where the court has not issued an order of protection pursuant
to section 530.12 of this article, the court may, in addition to any other disposition, including a
conditional discharge or youthful offender adjudication, enter an order of protection. Where a
temporary order of protection was issued, the court shall state on the record the reasons for
issuing or not issuing an order of protection. The duration of such an order shall be fixed by the
court and, in the case of a felony conviction, shall not exceed the greater of: (i) five years from
the date of such conviction, or (ii) three years from the date of the expiration of the maximum
term of an indeterminate sentence of imprisonment actually imposed; or in the case of a
conviction for a class A misdemeanor, shall not exceed three years from the date of such
replaced by a youthful offender adjudication. In addition to any other conditions such an order
(a) stay away from the home, school, business or place of employment of the victim or
victims, or of any witness designated by the court, of such offense;
victim or victims of the offense and such members of the family or household of such
victim or victims as shall be specifically named by the court in such order;
(c)

victims' household.
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5. The court shall inquire as to the existence of any other orders of protection between the
defendant and the person or persons for whom the order of protection is sought. An order of
protection issued under this section shall plainly state the date that such order expires. Orders of
protection issued to protect victims of domestic violence, as defined in section four hundred
fifty-nine-a of the social services law, shall be on uniform statewide forms that shall be
promulgated by the chief administrator of the courts in a manner to ensure the compatibility of
such forms with the statewide registry of orders of protection and warrants established pursuant
to section two hundred twenty-one-a of the executive law. A copy of an order of protection or a
temporary order of protection issued pursuant to subdivision one, two, three, or four of this
section shall be filed by the clerk of the court with the sheriff's office in the county in which such
victim or victims reside, or, if the victim or victims reside within a city, with the police
department of such city. A copy of such order of protection or temporary order of protection may
from time to time be filed by the clerk of the court with any other police department or sheriff's
office having jurisdiction of the residence, work place, and school of anyone intended to be
protected by such order. A copy of the order may also be filed by the victim or victims at the
appropriate police department or sheriff's office having jurisdiction. Any subsequent amendment
or revocation of such order shall be filed in the same manner as herein provided.

warrant has been issued under this section, the clerk of the court shall issue to the victim and the
defendant and defense counsel and to any other person affected by the order, a copy of the order
of protection or temporary order of protection and ensure that a copy of the order of protection or
warrant to any police officer or peace officer acting pursuant to his special duties shall constitute
7. Punishment for contempt based upon a violation of an order or [of] protection or temporary
order of protection issued under this section shall not affect a pending criminal action, nor reduce
or diminish a sentence upon conviction for any other crimes or offenses.
8. If a defendant is brought before the court for failure to obey any lawful order issued under this
section and if, after hearing, the court is satisfied by competent proof that the defendant has
willfully failed to obey any such order, the court may:
(a) revoke an order of recognizance or bail and commit the defendant to custody; or
of dismissal and commit the defendant to custody or impose or increase bail pending a
trial of the original crime or violation; or
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9. The chief administrator of the courts shall promulgate appropriate uniform temporary order of
protection and order of protection forms to be used throughout the state.
N.Y. EDUC. LAW § 6714 (2009). Treatment records
1. Upon written request from the owner of an animal which has received treatment from or under
the supervision of a veterinarian, such veterinarian shall provide to such owner within a
reasonable time period a copy of all records relating to the treatment of such animal. For the
purposes of this section, the term "records" shall mean all information concerning or related to
the examination or treatment of the animal kept by the veterinarian in the course of his or her
practice. A veterinarian may impose a reasonable charge for providing copies of such records. A
veterinarian may make available to the owner either the original or a copy of such record or
document including x-rays, electrocardiograms and other diagnostic tests and may impose a
reasonable fee for the reproduction of such copies.
2. A veterinarian licensed pursuant to this article, may disclose records, as defined in this
section, concerning a companion animal as defined in section three hundred fifty of the
agriculture and markets law which has received treatment by such veterinarian without the
consent of the companion animal's owner under the following circumstances:
(a) When a veterinarian reasonably and in good faith suspects that a companion animal's injury,
illness or condition is the result of animal cruelty or a violation of any state or federal law
pertaining to the care, treatment, abuse or neglect of a companion animal, the veterinarian may
report the incident and disclose records concerning the companion animal's condition and
treatment to the police, duly incorporated society for the prevention of cruelty to animals, peace
officer, district attorney's office, animal control officer, department of agriculture and markets,
other appropriate government agency, or any agent thereof.
(b) When a veterinarian reasonably believes that disclosure of records as defined in this section,
is necessary to protect the health or welfare of a companion animal, a person or the public, the
veterinarian may disclose such records to the police, duly incorporated society for the prevention
of cruelty to animals, peace officer, animal control officer, department of agriculture and
markets, other appropriate government agency, or any agent thereof.
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3. A veterinarian acts in good faith within the meaning of this section when he or she reasonably
believes that his or her actions are necessary to protect the health and welfare of the companion
animal or the public.
4. A veterinarian who reasonably and in good faith reports or discloses records in accordance
with this section shall be immune from liability in the form of damages in any civil or criminal
proceeding on account of such reporting or disclosure.
The court may make an order of protection and an order of probation in assistance or as a
condition of any other order made under this part. The order of protection may set forth
reasonable conditions of behavior to be observed for a specific time by any petitioner or any
respondent, and shall specify if an order of probation is in effect. No order of protection may
direct any party to observe conditions of behavior unless the party requesting the order of
protection has served and filed a petition or counter-claim in accordance with section one
hundred fifty-four-b of this act. Such an order may require the petitioner or the respondent:
party, the other spouse or parent, or the child, and to stay away from any other specific
location designated by the court;

(f) to participate in an educational program and to pay the costs thereof if the person has
the means to do so, provided however that nothing contained herein shall be deemed to
require payment of the costs of any such program by the state or any political subdivision
thereof;
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(g) to provide, either directly or by means of medical and health insurance, for expenses
basis for the issuance of the order;
(h) to pay the reasonable counsel fees and disbursements involved in obtaining or
enforced.
(i)

The court shall not require anyone seeking an order of protection under this section to first
request that child protective services investigate the allegations or to first request permission to
file a petition under article ten of this act.

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An order of protection under section eight hundred forty-one of this part shall set forth
reasonable conditions of behavior to be observed for a period not in excess of two years by the
petitioner or respondent or for a period not in excess of five years upon (i) a finding by the court
on the record of the existence of aggravating circumstances as defined in paragraph (vii) of
subdivision (a) of section eight hundred twenty-seven of this article; or (ii) a finding by the court
on the record that the conduct alleged in the petition is in violation of a valid order of protection.
Any finding of aggravating circumstances pursuant to this section shall be stated on the record
and upon the order of protection. Any order of protection issued pursuant to this section shall
specify if an order of probation is in effect. Any order of protection issued pursuant to this
section may require the petitioner or the respondent:
party, the other spouse, the other parent, or the child, and to stay away from any other
specific location designated by the court, provided that the court shall make a
whether to impose a condition pursuant to this subdivision, provided further, however,
that failure to make such a determination shall not affect the validity of such order of
protection. In making such determination, the court shall consider, but shall not be
limited to consideration of, whether the order of protection is likely to achieve its purpose
in the absence of such a condition, conduct subject to prior orders of protection, prior
incidents of abuse, extent of past or present injury, threats, drug or alcohol abuse, and
access to weapons;

(f) to pay the reasonable counsel fees and disbursements involved in obtaining or
enforced;
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(g) to require the respondent to participate in a batterer's education program designed to
help end violent behavior, which may include referral to drug and alcohol counselling,
and to pay the costs thereof if the person has the means to do so, provided however that
nothing contained herein shall be deemed to require payment of the costs of any such
program by the petitioner, the state or any political subdivision thereof; and
(h) to provide, either directly or by means of medical and health insurance, for expenses
(i)
The court may also award custody of the child, during the term of the order of protection to
The court may also upon the showing of special circumstances extend the order of protection for
a reasonable period of time.
Notwithstanding the provisions of section eight hundred seventeen of this article, where a
temporary order of child support has not already been issued, the court may in addition to the
issuance of an order of protection pursuant to this section, issue an order for temporary child
support in an amount sufficient to meet the needs of the child, without a showing of immediate
or emergency need. The court shall make an order for temporary child support notwithstanding
that information with respect to income and assets of the respondent may be unavailable. Where
such information is available, the court may make an award for temporary child support pursuant
to the formula set forth in subdivision one of section four hundred thirteen of this act. Temporary
orders of support issued pursuant to this article shall be deemed to have been issued pursuant to
section four hundred thirteen of this act.
Upon making an order for temporary child support pursuant to this subdivision, the court shall
advise the petitioner of the availability of child support enforcement services by the support
collection unit of the local department of social services, to enforce the temporary order and to
assist in securing continued child support, and shall set the support matter down for further
proceedings in accordance with article four of this act.
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Where the court determines that the respondent has employer-provided medical insurance, the
court may further direct, as part of an order of temporary support under this subdivision, that a
medical support execution be issued and served upon the respondent's employer as provided for
in section fifty-two hundred forty-one of the civil practice law and rules.
In any proceeding in which an order of protection or temporary order of protection or a warrant

has been issued under this section, the clerk of the court shall issue to the petitioner and
respondent and his counsel and to any other person affected by the order a copy of the order of
protection or temporary order of protection and ensure that a copy of the order of protection or
individual is under probation or parole supervision.

section eight hundred twelve of this article.
1. The court may make an order of protection in assistance or as a condition of any other order
made under this part. Such order of protection shall remain in effect concurrently with, shall
expire no later than the expiration date of, and may be extended concurrently with, such other
order made under this part, except as provided in subdivision four of this section. The order of
protection may set forth reasonable conditions of behavior to be observed for a specified time by
a person who is before the court and is a parent or a person legally responsible for the child's
care or the spouse of the parent or other person legally responsible for the child's care, or both.
Such an order may require any such person
(a) to stay away from the home, school, business or place of employment of the
other spouse, parent or person legally responsible for the child's care or the child,
and to stay away from any other specific location designated by the court;
(b) to permit a parent, or a person entitled to visitation by a court order or a

separation agreement, to visit the child at stated periods;
(c) to refrain from committing a family offense, as defined in subdivision one of the
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section eight hundred twelve of this act, or any criminal offense against the child or
against the other parent or against any person to whom custody of the child is awarded,
or from harassing, intimidating or threatening such persons;
health, safety and welfare of a child;
(f) to provide, either directly or by means of medical and health insurance, for expenses
(g)

held by the person protected by the order or a minor child residing in such
person's household.
subdivision five of section three hundred fifty of the agriculture and markets law..
(h) to observe such other conditions as are necessary to further the purposes of
protection.
2. The court may also award custody of the child, during the term of the order of protection to
In making orders of protection, the court shall so act as to insure that in the care, protection,
discipline and guardianship of the child his religious faith shall be preserved and protected.

4. The court may enter an order of protection independently of any other order made under this
part, against a person who was a member of the child's household or a person legally responsible
as defined in section one thousand twelve of this chapter, and who is no longer a member of such
household at the time of the disposition and who is not related by blood or marriage to the child
or a member of the child's household. An order of protection entered pursuant to this subdivision
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may be for any period of time up to the child's eighteenth birthday and upon such conditions as
the court deems necessary and proper to protect the health and safety of the child and the child's
caretaker.
5. The court may issue an order, pursuant to section two hundred twenty-seven-c of the real
property law, authorizing the party for whose benefit any order of protection has been issued to
terminate a lease or rental agreement pursuant to section two hundred twenty-seven-c of the real
property law.
N.Y. PENAL LAW § 55.10 (2009). Designation of offenses
1. Felonies.
(a) The particular classification or subclassification of each felony defined in this chapter
is expressly designated in the section or article defining it.
(b) Any offense defined outside this chapter which is declared by law to be a felony
without specification of the classification thereof, or for which a law outside this chapter
provides a sentence to a term of imprisonment in excess of one year, shall be deemed a
class E felony.
2. Misdemeanors.
(a) Each misdemeanor defined in this chapter is either a class A misdemeanor or a class
B misdemeanor, as expressly designated in the section or article defining it.
(b) Any offense defined outside this chapter which is declared by law to be a
misdemeanor without specification of the classification thereof or of the sentence therefor
shall be deemed a class A misdemeanor.
(c) Except as provided in paragraph (b) of subdivision three, where an offense is defined
outside this chapter and a sentence to a term of imprisonment in excess of fifteen days
but not in excess of one year is provided in the law or ordinance defining it, such offense
shall be deemed an unclassified misdemeanor.
3. Violations. Every violation defined in this chapter is expressly designated as such. Any
offense defined outside this chapter which is not expressly designated a violation shall be
deemed a violation if:
(a) Notwithstanding any other designation specified in the law or ordinance defining it, a
sentence to a term of imprisonment which is not in excess of fifteen days is provided
therein, or the only sentence provided therein is a fine; or
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(b) A sentence to a term of imprisonment in excess of fifteen days is provided for such
offense in a law or ordinance enacted prior to the effective date of this chapter but the
offense was not a crime prior to that date.
4. Traffic infraction. Notwithstanding any other provision of this section, an offense which is
defined as a "traffic infraction" shall not be deemed a violation or a misdemeanor by virtue of the
sentence prescribed therefor.
N.Y. PENAL LAW § 70.00 (2009). Sentence of imprisonment for felony
1. Indeterminate sentence. Except as provided in subdivisions four and five of this section or
section 70.80 of this article, a sentence of imprisonment for a felony, other than a felony defined
in article two hundred twenty or two hundred twenty-one of this chapter, shall be an
indeterminate sentence. When such a sentence is imposed, the court shall impose a maximum
term in accordance with the provisions of subdivision two of this section and the minimum
period of imprisonment shall be as provided in subdivision three of this section.
2. Maximum term of sentence. The maximum term of an indeterminate sentence shall be at least
three years and the term shall be fixed as follows:
(a) For a class A felony, the term shall be life imprisonment;
(b) For a class B felony, the term shall be fixed by the court, and shall not exceed twenty-
five years;
(c) For a class C felony, the term shall be fixed by the court, and shall not exceed fifteen
years;
(d) For a class D felony, the term shall be fixed by the court, and shall not exceed seven
years; and
(e) For a class E felony, the term shall be fixed by the court, and shall not exceed four
years.
3. Minimum period of imprisonment. The minimum period of imprisonment under an

indeterminate sentence shall be at least one year and shall be fixed as follows:
(a) In the case of a class A felony, the minimum period shall be fixed by the court and
specified in the sentence.
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(i) For a class A-I felony, such minimum period shall not be less than fifteen
years nor more than twenty-five years; provided, however, that (A) where a
sentence, other than a sentence of death or life imprisonment without parole, is
imposed upon a defendant convicted of murder in the first degree as defined in
section 125.27 of this chapter such minimum period shall be not less than twenty
years nor more than twenty-five years, and, (B) where a sentence is imposed upon
a defendant convicted of murder in the second degree as defined in subdivision
five of section 125.25 of this chapter or convicted of aggravated murder as
defined in section 125.26 of this chapter, the sentence shall be life imprisonment
without parole, and, (C) where a sentence is imposed upon a defendant convicted
of attempted murder in the first degree as defined in article one hundred ten of
this chapter and subparagraph (i), (ii) or (iii) of paragraph (a) of subdivision one
and paragraph (b) of subdivision one of section 125.27 of this chapter or
attempted aggravated murder as defined in article one hundred ten of this chapter
and section 125.26 of this chapter such minimum period shall be not less than
twenty years nor more than forty years.
(ii) For a class A-II felony, such minimum period shall not be less than three
years nor more than eight years four months, except that for the class A-II felony
of predatory sexual assault as defined in section 130.95 of this chapter or the class
A-II felony of predatory sexual assault against a child as defined in section 130.96
of this chapter, such minimum period shall be not less than ten years nor more
than twenty-five years.
(b) For any other felony, the minimum period shall be fixed by the court and specified in
the sentence and shall be not less than one year nor more than one-third of the maximum
term imposed.
4. Alternative definite sentence for class D and E felonies. When a person, other than a second or
persistent felony offender, is sentenced for a class D or class E felony, and the court, having
regard to the nature and circumstances of the crime and to the history and character of the
defendant, is of the opinion that a sentence of imprisonment is necessary but that it would be
unduly harsh to impose an indeterminate or determinate sentence, the court may impose a
definite sentence of imprisonment and fix a term of one year or less.
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5. Life imprisonment without parole. Notwithstanding any other provision of law, a defendant
sentenced to life imprisonment without parole shall not be or become eligible for parole or
conditional release. For purposes of commitment and custody, other than parole and conditional
release, such sentence shall be deemed to be an indeterminate sentence. A defendant may be
sentenced to life imprisonment without parole upon conviction for the crime of murder in the
first degree as defined in section 125.27 of this chapter and in accordance with the procedures
provided by law for imposing a sentence for such crime. A defendant must be sentenced to life
imprisonment without parole upon conviction for the crime of terrorism as defined in section
490.25 of this chapter, where the specified offense the defendant committed is a class A-I felony;
the crime of criminal possession of a chemical weapon or biological weapon in the first degree
as defined in section 490.45 of this chapter; or the crime of criminal use of a chemical weapon or
biological weapon in the first degree as defined in section 490.55 of this chapter; provided,
however, that nothing in this subdivision shall preclude or prevent a sentence of death when the
defendant is also convicted of the crime of murder in the first degree as defined in section 125.27
of this chapter. A defendant must be sentenced to life imprisonment without parole upon
conviction for the crime of murder in the second degree as defined in subdivision five of section
125.25 of this chapter or for the crime of aggravated murder as defined in section 125.26 of this
chapter.
N.Y. PENAL LAW § 70.15 (2009). Sentences of imprisonment for misdemeanors and
violation
1. Class A misdemeanor. A sentence of imprisonment for a class A misdemeanor shall be a

not exceed one year; provided, however, that a sentence of imprisonment imposed upon a
conviction of criminal possession of a weapon in the fourth degree as defined in subdivision one
of section 265.01 must be for a period of no less than one year when the conviction was the
result of a plea of guilty entered in satisfaction of an indictment or any count thereof charging
the defendant with the class D violent felony offense of criminal possession of a weapon in the
third degree as defined in subdivision four of section 265.02, except that the court may impose
any other sentence authorized by law upon a person who has not been previously convicted in
the five years immediately preceding the commission of the offense for a felony or a class A
misdemeanor defined in this chapter, if the court having regard to the nature and circumstances
of the crime and to the history and character of the defendant, finds on the record that such
sentence would be unduly harsh and that the alternative sentence would be consistent with public
safety and does not deprecate the seriousness of the crime.
2. Class B misdemeanor. A sentence of imprisonment for a class B misdemeanor shall be a

not exceed three months.
3. Unclassified misdemeanor. A sentence of imprisonment for an unclassified misdemeanor shall

be a definite sentence. When such a sentence is imposed the term shall be fixed by the court, and
shall be in accordance with the sentence specified in the law or ordinance that defines the crime.
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4. Violation. A sentence of imprisonment for a violation shall be a definite sentence. When such
a sentence is imposed the term shall be fixed by the court, and shall not exceed fifteen days.
In the case of a violation defined outside this chapter, if the sentence is expressly specified in the
law or ordinance that defines the offense and consists solely of a fine, no term of imprisonment
shall be imposed.
N.Y. PENAL LAW § 80.00 (2009). Fine for felony
1. A sentence to pay a fine for a felony shall be a sentence to pay an amount, fixed by the court,
not exceeding the higher of
a. five thousand dollars; or
b. double the amount of the defendant's gain from the commission of the crime; or
c. if the conviction is for any felony defined in article two hundred twenty or two
hundred twenty-one of this chapter, according to the following schedule:
(i) for A-I felonies, one hundred thousand dollars;

(ii) for A-II felonies, fifty thousand dollars;
(iii) for B felonies, thirty thousand dollars;
(iv) for C felonies, fifteen thousand dollars.
When imposing a fine pursuant to the provisions of this paragraph, the court shall consider the
profit gained by defendant's conduct, whether the amount of the fine is disproportionate to the
conduct in which defendant engaged, its impact on any victims, and defendant's economic
circumstances, including the defendant's ability to pay, the effect of the fine upon his or her
immediate family or any other persons to whom the defendant owes an obligation of support.
derived from the commission of the crime, less the amount of money or the value of property
returned to the victim of the crime or seized by or surrendered to lawful authority prior to the
time sentence is imposed.
3. When the court imposes a fine for a felony pursuant to paragraph b of subdivision one of this
section, the court shall make a finding as to the amount of the defendant's gain from the crime. If
the record does not contain sufficient evidence to support such a finding or to permit adequate
consideration of the matters specified in paragraph c of subdivision one of this section, the court
may conduct a hearing upon such issues.
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5. All moneys in excess of five thousand dollars received or collected in payment of a fine
imposed pursuant to paragraph c of subdivision one of this section are the property of the state
and the state comptroller shall deposit all such fines to the rehabilitative alcohol and substance
treatment fund established pursuant to section ninety-seven-cc of the state finance law.
6. Notwithstanding any inconsistent provision of subdivision one of this section a sentence to

pay a fine for a felony set forth in the vehicle and traffic law shall be a sentence to pay an
amount fixed by the court in accordance with the provisions of the law that defines the crime.
7. When the court imposes a fine pursuant to section 145.22 or 145.23 of this chapter, the court
shall direct that no less than ten percent of such fine be credited to the state cemetery vandalism
restoration and administration fund created pursuant to section ninety-seven-r of the state finance
law.
N.Y. PENAL LAW § 80.05 (2009). Fines for misdemeanors and violation
1. Class A misdemeanor. A sentence to pay a fine for a class A misdemeanor shall be a sentence
to pay an amount, fixed by the court, not exceeding one thousand dollars, provided, however,
that a sentence imposed for a violation of section 215.80 of this chapter may include a fine in an
amount equivalent to double the value of the property unlawfully disposed of in the commission
of the crime.
2. Class B misdemeanor. A sentence to pay a fine for a class B misdemeanor shall be a sentence
to pay an amount, fixed by the court, not exceeding five hundred dollars.
3. Unclassified misdemeanor. A sentence to pay a fine for an unclassified misdemeanor shall be

a sentence to pay an amount, fixed by the court, in accordance with the provisions of the law or
ordinance that defines the crime.
4. Violation. A sentence to pay a fine for a violation shall be a sentence to pay an amount, fixed
by the court, not exceeding two hundred fifty dollars.
In the case of a violation defined outside this chapter, if the amount of the fine is expressly
specified in the law or ordinance that defines the offense, the amount of the fine shall be fixed in
accordance with that law or ordinance.
5. Alternative sentence. If a person has gained money or property through the commission of any
misdemeanor or violation then upon conviction thereof, the court, in lieu of imposing the fine
authorized for the offense under one of the above subdivisions, may sentence the defendant to
pay an amount, fixed by the court, not exceeding double the amount of the defendant's gain from
the commission of the offense; provided, however, that the amount fixed by the court pursuant to
this subdivision upon a conviction under section 11-1904 of the environmental conservation law
shall not exceed five thousand dollars. In such event the provisions of subdivisions two and three
of section 80.00 shall be applicable to the sentence.
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N.Y. PENAL LAW § 130.20 (2009). Sexual misconduct
A person is guilty of sexual misconduct when:
1. He or she engages in sexual intercourse with another person without such person's
consent; or
2. He or she engages in oral sexual conduct or anal sexual conduct with another person
without such person's consent; or
3. He or she engages in sexual conduct with an animal or a dead human body.
Sexual misconduct is a class A misdemeanor.
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ANIMAL PROTECTION LAWS OF NORTH CAROLINA
ANIMAL PROTECTION LAWS OF NORTH CAROLINA
2. PENALTIES
3. EXEMPTIONS
12. SEXUAL ASSAULT
13. FIGHTING
This chapter contains North Carolina’s general animal protection and related statutes in effect prior to November 2009.
It begins with a detailed overview of the provisions contained in these laws, followed by the full text of the statutes
North Carolina may employ similar provisions within other non-animal-specific criminal and civil statutes; may have

USA Map
NORTH CAROLINA

N.C. GEN. STAT. § 14-360(a)
(2)
Intentional deprivation of necessary
sustenance
N.C. GEN. STAT. § 14-360(a1)
(3)
Maliciously torture, mutilate, cruelly injure or
kill
N.C. GEN. STAT. § 14-360(b)
(4)
Instigating or promoting cruelty to animals
N.C. GEN. STAT. § 14-361
(5)
Abandonment of animals
N.C. GEN. STAT. § 14-361.1
(6)
Conveying animals in a cruel manner
N.C. GEN. STAT. § 14-363
Animals Covered in Definition [Criminal & civil remedies definition]:

A>[A]nimal= includes every living vertebrate in
the classes Amphibia, Reptilia, Aves, and
Mammalia except human beings@
N.C. GEN. STAT. §§ 14-360, 19A-1
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NORTH CAROLINA continued

Class 1 misdemeanor
(2)
Class A1 misdemeanor
(3)
Class I felony
(5)
Class 2 misdemeanor

[1st offense]:
and/or
Fine at the discretion of the court
N.C. GEN. STAT. § 15A-1340.23
(2)
[1st offense]:
and/or
N.C. GEN. STAT. § 15A-1340.23
(3)
[1st offense]:
and/or
N.C. GEN. STAT. § 15A-1340.17
(5)
[1st offense]:
and/or
$1,000 fine
N.C. GEN. STAT. § 15A-1340.23
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3. EXEMPTIONS *** 1, 2, 3, 4, 5, 9
N.C. GEN. STAT. §§ 14-360(c), 19A-1.1
5. PROTECTIVE ORDERS H N.C. GEN. STAT. § 50B-3
6. RESTITUTION / REIMBURSEMENT Necessary expenses for costs of care of seized

H
animals shall be a charge to the animal=s
owner and a lien on the animal
N.C. GEN. STAT. § 19A-47
The court may order a defendant to post a

bond to cover the reasonable expenses for
care of an impounded animal
7. SEIZURE / ON-SITE SUPERVISION Conviction may result in confiscation of

cruelly treated animals
N.C. GEN. STAT. § 14-363.2
Court may issue preliminary injunction or

other order authorizing the seizure of cruelly
treated animals
N.C. GEN. STAT. §§ 19A-3, 19A-46
Court may authorize on-site supervision to

ensure minimum care for animals not
impounded
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8. FORFEITURE / POSSESSION H Court may order confiscation of cruelly

treated animals and has final determination of
custody
N.C. GEN. STAT. § 14-363.2
Court may issue a permanent injunction

allowing the forfeiture of cruelly treated
animals
If the defendant fails to post or renew a court-

ordered bond for costs of care for an
impounded animal, the animal is forfeited
10. VETERINARIAN REPORTING / IMMUNITY Veterinarians who, in good faith, report

suspected animal cruelty, participate in an
investigation or testify in an animal cruelty
case are immune from civil, criminal and
professional liability
N.C. GEN. STAT. § 14-360.1
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11. LAW ENFORCEMENT POLICIES Provision for the appointment of animal

cruelty investigators
Animal cruelty investigator may be issued

court order to seize cruelly treated animals
N.C. GEN. STAT. § 19A-46(a)
Animal cruelty investigator may request a

law enforcement officer or animal control
officer to assist in seizing cruelly treated
animals
N.C. GEN. STAT. § 19A-46(b)
Interference with an animal cruelty

investigator is a Class I misdemeanor
All animal cruelty investigators must receive

annual instruction in the investigation of
complaints relating to the care and treatment
of animals
12. SEXUAL ASSAULT The crime against nature with a beast is a

Class I felony
N.C. GEN. STAT. § 14-177
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13. FIGHTING Cockfighting is a Class I felony

N.C. GEN. STAT. § 14-362
Various animal fighting activities (other than

cockfighting and dogfighting or baiting) are
Class 2 misdemeanors on 1st offenses and
Class I felonies for subsequent offenses
within three years of first conviction
N.C. GEN. STAT. § 14-362.1
Various dogfighting and baiting activities

(including spectatorship) are Class H felonies
N.C. GEN. STAT. § 14-362.2
NOTE Maliciously chaining a dog is a Class 1

misdemeanor
N.C. GEN. STAT. § 14-362.3
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N.C. GEN. STAT. § 14-360 (2009). 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.
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(5) The physical alteration of livestock or poultry for the purpose of conforming with
breed or show standards.
N.C. GEN. STAT. § 14-361 (2009). 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 (2009). 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. § 14-363 (2009). 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. § 19A-1 (2009). Definitions
The following definitions apply in this Article:
(1) The term "animals" includes every living vertebrate in the classes Amphibia, Reptilia,
Aves, and Mammalia except human beings.
(2) The terms "cruelty" and "cruel treatment" include every act, omission, or neglect
whereby unjustifiable physical pain, suffering, or death is caused or permitted.
(3) The term "person" has the same meaning as in G.S. 12-3.
Editor=s note: North Carolina provides civil remedies for the protection and humane treatment of animals in
addition to the criminal remedies that are available. It is proper in any action to combine causes of action against
one or more defendants for the protection of one or more animals. N.C. GEN. STAT. ' 19A-2.
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2. PENALTIES
N.C. GEN. STAT. § 15A-1340.17 (2009). Punishment limits for each class of offense and prior
record level.
(a) Offense Classification; Default Classifications. -- The offense classification is as specified in the
offense for which the sentence is being imposed. If the offense is a felony for which there is no
classification, it is a Class I felony.
(b) Fines. -- Any judgment that includes a sentence of imprisonment may also include a fine. If a
community punishment is authorized, the judgment may consist of a fine only. Additionally, when
the defendant is other than an individual,the judgment may consist of a fine only.Unless otherwise
provided, the amount of the fine is in the discretion of the court.
(c) Punishments for Each Class of Offense and Prior Record Level; Punishment Chart Described. --
The authorized punishment for each class of offense and prior record level is as specified in the
chart below. Prior record levels are indicated by the Roman numerals placed horizontally on the top
of the chart. Classes of offense are indicated by the letters placed vertically on the left side of the
chart. Each cell on the chart contains the following components:
(1) A sentence disposition or dispositions: "C" indicates that a community punishment is

authorized; "I" indicates that an intermediate punishment is authorized; "A" indicates that
an active punishment is authorized; and "Life Imprisonment Without Parole" indicates that
the defendant shall be imprisoned for the remainder of the prisoner's natural life.
(2) A presumptive range of minimum durations, if the sentence of imprisonment is neither

aggravated or mitigated; any minimum term of imprisonment in that range is permitted
unless the court finds pursuant to G.S. 15A-1340.16 that an aggravated or mitigated
sentence is appropriate. The presumptive range is the middle of the three ranges in the cell.
(3) A mitigated range of minimum durations if the court finds pursuant to G.S. 15A-1340.16
that a mitigated sentence of imprisonment is justified; in such a case, any minimum term of
imprisonment in the mitigated range is permitted. The mitigated range is the lower of the
three ranges in the cell.
(4) An aggravated range of minimum durations if the court finds pursuant to G.S. 15A-
1340.16 that an aggravated sentence of imprisonment is justified; in such a case, any
minimum term of imprisonment in the aggravated range is permitted. The aggravated range
is the higher of the three ranges in the cell.
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PRIOR RECORD LEVEL
___________________________________________________________________________
I II III IV V VI
0 Pts 1-4 Pts 5-8 Pts 9-14 Pts 15-18 Pts 19+ Pts
___________________________________________________________________________
A Life Imprisonment or Death as Established by Statute
___________________________________________________________________________
A A A A A A DISPOSITION
B1 192-240 230-288 269-336 307-384 346-433 384-480 PRESUMPTIVE
144-192 173-230 202-269 230-307 260-346 288-384 Mitigated
157-196 189-237 220-276 251-313 282-353 313-392 Aggravated
B2 125-157 151-189 176-220 201-251 225-282 251-313 PRESUMPTIVE
94-125 114-151 132-176 151-201 169-225 188-251 Mitigated
73-92 100-125 116-145 133-167 151-188 168-210 Aggravated
C 58-73 80-100 93-116 107-133 121-151 135-168 PRESUMPTIVE
44-58 60-80 70-93 80-107 90-121 101-135 Mitigated
64-80 77-95 103-129 117-146 133-167 146-183 Aggravated
D 51-64 61-77 82-103 94-117 107-133 117-146 PRESUMPTIVE
38-51 46-61 61-82 71-94 80-107 88-117 Mitigated
25-31 29-36 34-42 46-58 53-66 59-74 Aggravated
E 20-25 23-29 27-34 37-46 42-53 47-59 PRESUMPTIVE
15-20 17-23 20-27 28-37 32-42 35-47 Mitigated
16-20 19-24 21-26 25-31 34-42 39-49 Aggravated
F 13-16 15-19 17-21 20-25 27-34 31-39 PRESUMPTIVE
10-13 11-15 13-17 15-20 20-27 23-31 Mitigated
13-16 15-19 16-20 20-25 21-26 29-36 Aggravated
G 10-13 12-15 13-16 16-20 17-21 23-29 PRESUMPTIVE
8-10 9-12 10-13 12-16 13-17 17-23 Mitigated
6-8 8-10 10-12 11-14 15-19 20-25 Aggravated
H 5-6 6-8 8-10 9-11 12-15 16-20 PRESUMPTIVE
4-5 4-6 6-8 7-9 9-12 12-16 Mitigated
6-8 6-8 6-8 8-10 9-11 10-12 Aggravated
I 4-6 4-6 5-6 6-8 7-9 8-10 PRESUMPTIVE
3-4 3-4 4-5 4-6 5-7 6-8 Mitigated
(d) Maximum Sentences Specified for Class F through Class I Felonies. -- Unless provided
otherwise in a statute establishing a punishment for a specific crime, for each minimum term of
imprisonment in the chart in subsection (c) of this section, expressed in months, the corresponding
maximum term of imprisonment, also expressed in months, is as specified in the table below for
Class F through Class I felonies. The first figure in each cell in the table is the minimum term and
the second is the maximum term.
3-4 4-5 5-6 6-8 7-9 8-10 9-11 10-12

11-14 12-15 13-16 14-17 15-18 16-20 17-21 18-22
19-23 20-24 21-26 22-27 23-28 24-29 25-30 26-32
27-33 28-34 29-35 30-36 31-38 32-39 33-40 34-41
35-42 36-44 37-45 38-46 39-47 40-48 41-50 42-51
43-52 44-53 45-54 46-56 47-57 48-58 49-59
(e) Maximum Sentences Specified for Class B1 through Class E Felonies for Minimum Terms up to
339 Months. -- Unless provided otherwise in a statute establishing a punishm ent for a specific
crime, for each m inimum term of im prisonment in the chart in subsection (c) of this section,
expressed in months, the corresponding maximum term of imprisonment, also expressed in months,
is as specified in the table below for Class B1 through Class E felonies. The first figure in each cell
of the table is the minimum term and the second is the maximum term.
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15-27 16-29 17-30 18-31 19-32 20-33 21-35 22-36
23-37 24-38 25-39 26-41 27-42 28-43 29-44 30-45
31-47 32-48 33-49 34-50 35-51 36-53 37-54 38-55
39-56 40-57 41-59 42-60 43-61 44-62 45-63 46-65
47-66 48-67 49-68 50-69 51-71 52-72 53-73 54-74
55-75 56-77 57-78 58-79 59-80 60-81 61-83 62-84
63-85 64-86 65-87 66-89 67-90 68-91 69-92 70-93
71-95 72-96 73-97 74-98 75-99 76-101 77-102 78-103
79-104 80-105 81-107 82-108 83-109 84-110 85-111 86-113
87-114 88-115 89-116 90-117 91-119 92-120 93-121 94-122
95-123 96-125 97-126 98-127 99-128 100-129 101-131 102-132
103-133 104-134 105-135 106-137 107-138 108-139 109-140 110-141
111-143 112-144 113-145 114-146 115-147 116-149 117-150118-151
119-152 120-153 121-155 122-156 123-157 124-158 125-159 126-161
127-162 128-163 129-164 130-165 131-167 132-168 133-169 134-170
135-171 136-173 137-174 138-175 139-176 140-177 141-179 142-180
143-181 144-182 145-183 146-185 147-186 148-187 149-188 150-189
151-191 152-192 153-193 154-194 155-195 156-197 157-198 158-199
159-200 160-201 161-203 162-204 163-205 164-206 165-207 166-209
167-210 168-211 169-212 170-213 171-215 172-216 173-217 174-218
175-219 176-221 177-222 178-223 179-224 180-225 181-227 182-228
183-229 184-230 185-231 186-233 187-234 188-235 189-236 190-237
191-239 192-240 193-241 194-242 195-243 196-245 197-246 198-247
199-248 200-249 201-251 202-252 203-253 204-254 205-255 206-257
207-258 208-259 209-260 210-261 211-263 212-264 213-265 214-266
215-267 216-269 217-270 218-271 219-272 220-273 221-275 222-276
223-277 224-278 225-279 226-281 227-282 228-283 229-284 230-285
231-287 232-288 233-289 234-290 235-291 236-293 237-294 238-295
239-296 240-297 241-299 242-300 243-301 244-302 245-303 246-305
247-306 248-307 249-308 250-309 251-311 252-312 253-313 254-314
255-315 256-317 257-318 258-319 259-320 260-321 261-323 262-324
263-325 264-326 265-327 266-329 267-330 268-331 269-332 270-333
271-335 272-336 273-337 274-338 275-339 276-341 277-342 278-343
279-344 280-345 281-347 282-348 283-349 284-350 285-351 286-353
287-354 288-355 289-356 290-357 291-359 292-360 293-361 294-362
295-363 296-365 297-366 298-367 299-368 300-369 301-371 302-372
303-373 304-374 305-375 306-377 307-378 308-379 309-380 310-381
311-383 312-384 313-385 314-386 315-387 316-389 317-390 318-391
319-392 320-393 321-395 322-396 323-397 324-398 325-399 326-401
327-402 328-403 329-404 330-405 331-407 332-408 333-409 334-410
335-411 336-413 337-414 338-415 339-416
(e1) Maximum Sentences Specified for Class B1 through Class E Felonies for Minimum Terms of
340 Months or More. -- Unless provided otherwis e in a statute establishing a punishm ent for a
specific crime, when the minimum sentence is 340 months or more, the corresponding maximum
term of imprisonment shall be equal to the sum of the minimum term of imprisonment and twenty
percent (20%) of the minimum term of imprisonment, rounded to the next highest month, plus nine
additional months.
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N.C. GEN. STAT. § 15A-1340.23 (2009). Punishment limits for each class of offense and
prior conviction level.
(a) Offense Classification; Default Classifications. -- The offense classification is as specified in

the offense for which the sentence is being imposed. If the offense is a misdemeanor for which
there is no classification, it is as classified in G.S. 14-3.
(b) Fines. -- Any judgment that includes a sentence of imprisonment may also include a fine.
Additionally, when the defendant is other than an individual, the judgment may consist of a fine
only. If a community punishment is authorized, the judgment may consist of a fine only. Unless
otherwise provided for a specific offense, the maximum fine that may be imposed is two hundred
dollars ($200.00) for a Class 3 misdemeanor and one thousand dollars ($1,000) for a Class 2
misdemeanor. The amount of the fine for a Class 1 misdemeanor and a Class A1 misdemeanor is
in the discretion of the court.
(c) Punishment for Each Class of Offense and Prior Conviction Level; Punishment Chart
Described. -- Unless otherwise provided for a specific offense, the authorized punishment for
each class of offense and prior conviction level is as specified in the chart below. Prior
conviction levels are indicated by the Roman numerals placed horizontally on the top of the
chart. Classes of offenses are indicated by the Arabic numbers placed vertically on the left side
of the chart. Each grid on the chart contains the following components:

authorized; "I" indicates that an intermediate punishment is authorized; and "A"
indicates that an active punishment is authorized; and
(2) A range of durations for the sentence of imprisonment: any sentence within the
duration specified is permitted.
__________________________________________________________________
PRIOR CONVICTION LEVELS
MISDEMEANOR
OFFENSE LEVEL I LEVEL II LEVEL III
CLASS ------- -------- ---------
No Prior One to Four Prior Five or More
Convictions Convictions Prior Convictions

__________________________________________________________________
A1 1-60 days C/I/A 1-75 days C/I/A 1-150 days C/I/A
1 1-45 days C 1-45 days C/I/A 1-120 days C/I/A
2 1-30 days C 1-45 days C/I 1-60 days C/I/A
3 1-10 days C 1-15 days C/I 1-20 days C/I/A.
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3. EXEMPTIONS
misdemeanor.
113-129(15a).
animal consumption.
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Editor=s note: The following exemptions apply to North Carolina’s civil remedies for the protection of animals
(Chapter 19A, Article 1):
N.C. GEN. STAT. § 19A-1.1 (2009). Exemptions
This Article shall not apply to the following:
Resources Commission, except that this Article applies to those birds exempted by the
Wildlife Resources Commission from its definition of "wild birds" pursuant to G.S. 113-
129(15a).
(3) Lawful activities conducted for the primary purpose of providing food for human or
animal consumption.
animals, or the public health.
(6) Lawful activities for sport.
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N.C. GEN. STAT. § 50B-3 (2009). Relief
(a) If the court, including magistrates as authorized under G.S. 50B-2(c1), finds that an act of
domestic violence has occurred, the court shall grant a protective order restraining the
defendant from further acts of domestic violence. A protective order may include any of the
following types of relief:
(1) Direct a party to refrain from such acts.
(2) Grant to a party possession of the residence or household of the parties and exclude
the other party from the residence or household.
(3) Require a party to provide a spouse and his or her children suitable alternate housing.
(4) Award temporary custody of minor children and establish temporary visitation rights
pursuant to G.S. 50B-2 if the order is granted ex parte, and pursuant to subsection (a1) of
this section if the order is granted after notice or service of process.
(5) Order the eviction of a party from the residence or household and assistance to the
victim in returning to it.
(6) Order either party to make payments for the support of a minor child as required by
law.
(7) Order either party to make payments for the support of a spouse as required by law.
(8) Provide for possession of personal property of the parties, including the care,
custody, and control of any animal owned, possessed, kept, or held as a pet by either
party or minor child residing in the household.
(9) Order a party to refrain from doing any or all of the following:
a. Threatening, abusing, or following the other party.
b. Harassing the other party, including by telephone, visiting the home or

workplace, or other means.
b1. Cruelly treating or abusing an animal owned, possessed, kept, or held as a pet
by either party or minor child residing in the household.
c. Otherwise interfering with the other party.
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(10) Award attorney's fees to either party.
(11) Prohibit a party from purchasing a firearm for a time fixed in the order.
(12) Order any party the court finds is responsible for acts of domestic violence to attend
and complete an abuser treatment program if the program is approved by the Domestic
Violence Commission.
(13) Include any additional prohibitions or requirements the court deems necessary to
protect any party or any minor child.
(a1) Upon the request of either party at a hearing after notice or service of process, the court
shall consider and may award temporary custody of minor children and establish temporary
visitation rights as follows:
(1) In awarding custody or visitation rights, the court shall base its decision on the best
interest of the minor child with particular consideration given to the safety of the minor
child.
(2) For purposes of determining custody and visitation issues, the court shall consider:
a. Whether the minor child was exposed to a substantial risk of physical or

emotional injury or sexual abuse.
b. Whether the minor child was present during acts of domestic violence.
c. Whether a weapon was used or threatened to be used during any act of

domestic violence.
d. Whether a party caused or attempted to cause serious bodily injury to the

aggrieved party or the minor child.
e. Whether a party placed the aggrieved party or the minor child in reasonable
fear of imminent serious bodily injury.
f. Whether a party caused an aggrieved party to engage involuntarily in sexual

relations by force, threat, or duress.
g. Whether there is a pattern of abuse against an aggrieved party or the minor

child.
h. Whether a party has abused or endangered the minor child during visitation.
i. Whether a party has used visitation as an opportunity to abuse or harass the

aggrieved party.
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j. Whether a party has improperly concealed or detained the minor child.
k. Whether a party has otherwise acted in a manner that is not in the best interest
of the minor child.
(3) If the court awards custody, the court shall also consider whether visitation is in the
best interest of the minor child. If ordering visitation, the court shall provide for the
safety and well-being of the minor child and the safety of the aggrieved party. The court
may consider any of the following:
a. Ordering an exchange of the minor child to occur in a protected setting or in the

presence of an appropriate third party.
b. Ordering visitation supervised by an appropriate third party, or at a supervised

visitation center or other approved agency.
c. Ordering the noncustodial parent to attend and complete, to the satisfaction of

the court, an abuser treatment program as a condition of visitation.
d. Ordering either or both parents to abstain from possession or consumption of

alcohol or controlled substances during the visitation or for 24 hours preceding an
exchange of the minor child.
e. Ordering the noncustodial parent to pay the costs of supervised visitation.
f. Prohibiting overnight visitation.
g. Requiring a bond from the noncustodial parent for the return and safety of the
minor child.
h. Ordering an investigation or appointment of a guardian ad litem or attorney for

the minor child.
i. Imposing any other condition that is deemed necessary to provide for the safety
and well-being of the minor child and the safety of the aggrieved party.
If the court grants visitation, the order shall specify dates and times for the visitation to
take place or other specific parameters or conditions that are appropriate. A person,
supervised visitation center, or other agency may be approved to supervise visitation after
appearing in court or filing an affidavit accepting that responsibility and acknowledging
accountability to the court.
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(4) A temporary custody order entered pursuant to this Chapter shall be without prejudice
and shall be for a fixed period of time not to exceed one year. Nothing in this section
shall be construed to affect the right of the parties to a de novo hearing under Chapter 50
of the General Statutes. Any subsequent custody order entered under Chapter 50 of the
General Statutes supersedes a temporary order issued pursuant to this Chapter.
(b) Protective orders entered pursuant to this Chapter shall be for a fixed period of time not to
exceed one year. The court may renew a protective order for a fixed period of time not to exceed
two years, including an order that previously has been renewed, upon a motion by the aggrieved
party filed before the expiration of the current order; provided, however, that a temporary
award of custody entered as part of a protective order may not be renewed to extend a
temporary award of custody beyond the maximum one-year period. The court may renew a
protective order for good cause. The commission of an act as defined in G.S. 50B-1(a) by the
defendant after entry of the current order is not required for an order to be renewed. Protective
orders entered, including consent orders, shall not be mutual in nature except where both parties
file a claim and the court makes detailed findings of fact indicating that both parties acted as
aggressors, that neither party acted primarily in self-defense, and that the right of each party to
due process is preserved.
(c) A copy of any order entered and filed under this Article shall be issued to each party. In
addition, a copy of the order shall be issued promptly to and retained by the police department of
the city of the victim's residence. If the victim does not reside in a city or resides in a city with
no police department, copies shall be issued promptly to and retained by the sheriff, and the
county police department, if any, of the county in which the victim resides. If the defendant is
ordered to stay away from the child's school, a copy of the order shall be delivered promptly by
the sheriff to the principal or, in the principal's absence, the assistant principal or the principal's
designee of each school named in the order.
(c1) When a protective order issued under this Chapter is filed with the Clerk of Superior Court,
the clerk shall provide to the applicant an informational sheet developed by the Administrative
Office of the Courts that includes:
(1) Domestic violence agencies and services.
(2) Sexual assault agencies and services.
(3) Victims' compensation services.
(4) Legal aid services.
(5) Address confidentiality services.
(6) An explanation of the plaintiff's right to apply for a permit under G.S. 14-415.15.
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(d) The sheriff of the county where a domestic violence order is entered shall provide for prompt
entry of the order into the National Crime Information Center registry and shall provide for
access of such orders to magistrates on a 24-hour-a-day basis. Modifications, terminations,
renewals, and dismissals of the order shall also be promptly entered.
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N.C. GEN. STAT. § 19A-47 (2009). Care of seized animal
The investigator must take any animal he seizes directly to some safe and secure place and
provide suitable care for it. The necessary expenses of caring for seized animals, including
necessary veterinary care, shall be a charge against the animal's owner and a lien on the animal
to be enforced as provided by G.S. 44A-4.
N.C. GEN. STAT. § 19A-70 (2009). Care of animal subjected to illegal treatment
(a) In every arrest under any provision of Article 47 of Chapter 14 of the General Statutes or
under G.S. 67-4.3 or upon the commencement of an action under Article 1 of this Chapter by a
county or municipality, by a county-approved animal cruelty investigator, by other county or
municipal official, or by an organization operating a county or municipal shelter under contract,
if an animal shelter takes custody of an animal, the operator of the shelter may file a petition
with the court requesting that the defendant be ordered to deposit funds in an amount sufficient
to secure payment of all the reasonable expenses expected to be incurred by the animal shelter in
caring for and providing for the animal pending the disposition of the litigation. For purposes of
this section, "reasonable expenses" includes the cost of providing food, water, shelter, and care,
including medical care, for at least 30 days.
(b) Upon receipt of a petition, the court shall set a hearing on the petition to determine the need
to care for and provide for the animal pending the disposition of the litigation. The hearing shall
be conducted no less than 10 and no more than 15 business days after the petition is filed. The
operator of the animal shelter shall mail written notice of the hearing and a copy of the petition
to the defendant at the address contained in the criminal charges or the complaint or summons
by which a civil action was initiated. If the defendant is in a local detention facility at the time
the petition is filed, the operator of the animal shelter shall also provide notice to the custodian
of the detention facility.
(c) The court shall set the amount of funds necessary for 30 days' care after taking into
consideration all of the facts and circumstances of the case, including the need to care for and
provide for the animal pending the disposition of the litigation, the recommendation of the
operator of the animal shelter, the estimated cost of caring for and providing for the animal, and
the defendant's ability to pay. If the court determines that the defendant is unable to deposit
funds, the court may consider issuing an order under subsection (f) of this section.
Any order for funds to be deposited pursuant to this section shall state that if the operator of the
animal shelter files an affidavit with the clerk of superior court, at least two business days prior
to the expiration of a 30-day period, stating that, to the best of the affiant's knowledge, the case
against the defendant has not yet been resolved, the order shall be automatically renewed every
30 days until the case is resolved.
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(d) If the court orders that funds be deposited, the amount of funds necessary for 30 days shall
be posted with the clerk of superior court. The defendant shall also deposit the same amount
with the clerk of superior court every 30 days thereafter until the litigation is resolved, unless the
defendant requests a hearing no less than five business days prior to the expiration of a 30-day
period. If the defendant fails to deposit the funds within five business days of the initial hearing,
or five business days of the expiration of a 30-day period, the animal is forfeited by operation of
law. If funds have been deposited in accordance with this section, the operator of the animal
shelter may draw from the funds the actual costs incurred in caring for the animal.
In the event of forfeiture, the animal shelter may determine whether the animal is suitable for
adoption and whether adoption can be arranged for the animal. The animal may not be adopted
by the defendant or by any person residing in the defendant's household. If the adopted animal is
a dog used for fighting, the animal shelter shall notify any persons adopting the dog of the
liability provisions for owners of dangerous dogs under Article 1A of Chapter 67 of the General
Statutes. If no adoption can be arranged after the forfeiture, or the animal is unsuitable for
adoption, the shelter shall humanely euthanize the animal.
(e) The deposit of funds shall not prevent the animal shelter from disposing of the animal prior to
the expiration of the 30-day period covered by the deposit if the court makes a final
determination of the charges or claims against the defendant. Upon determination, the defendant
is entitled to a refund for any portion of the deposit not incurred as expenses by the animal
shelter. A person who is acquitted of all criminal charges or not found to have committed animal
cruelty in a civil action under Article 1 of this Chapter is entitled to a refund of the deposit
remaining after any draws from the deposit in accordance with subsection (d) of this section.
(f) Pursuant to subsection (c) of this section, the court may order a defendant to provide
necessary food, water, shelter, and care, including any necessary medical care, for any animal
that is the basis of the charges or claims against the defendant without the removal of the animal
from the existing location and until the charges or claims against the defendant are adjudicated.
If the court issues such an order, the court shall provide for an animal control officer or other law
enforcement officer to make regular visits to the location to ensure that the animal is receiving
necessary food, water, shelter, and care, including any necessary medical care, and to impound
the animal if it is not receiving those necessities.
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N.C. GEN. STAT. § 14-363.2 (2009). Confiscation of cruelly treated animals.
Conviction of any offense contained in this Article may result in confiscation of cruelly treated
animals belonging to the accused and it shall be proper for the court in its discretion to order a
final determination of the custody of the confiscated animals.
N.C. GEN. STAT. § 19A-3 (2009). Preliminary injunction
(a) Upon the filing of a verified complaint in the district court in the county in which cruelty to
an animal has allegedly occurred, the judge may, as a matter of discretion, issue a preliminary
injunction in accordance with the procedures set forth in G.S. 1A-1, Rule 65. Every such
preliminary injunction, if the plaintiff so requests, may give the plaintiff the right to provide
suitable care for the animal. If it appears on the face of the complaint that the condition giving
rise to the cruel treatment of an animal requires the animal to be removed from its owner or
other person who possesses it, then it shall be proper for the court in the preliminary injunction
to allow the plaintiff to take possession of the animal as custodian.
(b) The plaintiff as custodian may employ a veterinarian to provide necessary medical care for
the animal without any additional court order. Prior to taking such action, the plaintiff as
custodian shall consult with, or attempt to consult with, the defendant in the action, but the
plaintiff as custodian may authorize such care without the defendant's consent. Notwithstanding
the provisions of this subsection, the plaintiff as custodian may not have an animal euthanized
without written consent of the defendant or a court order that authorizes euthanasia upon the
court's finding that the animal is suffering due to terminal illness or terminal injury.
(c) The plaintiff as custodian may place an animal with a foster care provider. The foster care
provider shall return the animal to the plaintiff as custodian on demand.
N.C. GEN. STAT. § 19A-46 (2009). Powers; magistrate’s order; execution of order; petition;
notice to owner
(a) Whenever any animal is being cruelly treated as defined in G.S. 19A-1(2), an animal cruelty
investigator may file with a magistrate a sworn complaint requesting an order allowing the
investigator to provide suitable care for and take immediate custody of the animal. The
magistrate shall issue the order only when he finds probable cause to believe that the animal is
being cruelly treated and that it is necessary for the investigator to immediately take custody of
it. Any magistrate's order issued under this section shall be valid for only 24 hours after its
issuance. After he executes the order, the animal cruelty investigator shall return it with a
written inventory of the animals seized to the clerk of court in the county where the order was
issued.
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(b) The animal cruelty investigator may request a law-enforcement officer or animal control
officer to accompany him to help him seize the animal. An investigator may forcibly enter any
premises or vehicle when necessary to execute the order only if he reasonably believes that the
premises or vehicle is unoccupied by any person and that the animal is on the premises or in the
vehicle. Forcible entry shall be used only when the animal cruelty investigator is accompanied
by a law-enforcement officer. In any case, he must give notice of his identity and purpose to
anyone who may be present before entering said premises. Forcible entry shall only be used
during the daylight hours.
(c) When he has taken custody of such an animal, the animal cruelty investigator shall file a
complaint pursuant to Article 1 of this Chapter as soon as possible. When he seizes the animal,
he shall leave with the owner, if known, or affixed to the premises or vehicle a copy of the
magistrate's order and a written notice of a description of the animal, the place where the
animal will be taken, the reason for taking the animal, and the investigator's intent to file a
complaint in district court requesting custody of the animal pursuant to Article 1 of this Chapter.
(d) Notwithstanding the provisions of G.S. 7A-305(c), any person who commences a proceeding
under this Article or Article 1 of this Chapter shall not be required to pay any court costs or fees
prior to a final judicial determination as provided in G.S. 19A-4, at which time those costs shall
be paid pursuant to the provisions of G.S. 6-18.
(e) Any judicial order authorizing forcible entry shall be issued by a district court judge.
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to the defendant at the address contained in the criminal charges or the complaint or summons by
which a civil action was initiated. If the defendant is in a local detention facility at the time the
petition is filed, the operator of the animal shelter shall also provide notice to the custodian of
the detention facility.
(d) If the court orders that funds be deposited, the amount of funds necessary for 30 days shall be
posted with the clerk of superior court. The defendant shall also deposit the same amount with
the clerk of superior court every 30 days thereafter until the litigation is resolved, unless the
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If the court issues such an order, the court shall provide for an animal control officer or other
law enforcement officer to make regular visits to the location to ensure that the animal is
receiving necessary food, water, shelter, and care, including any necessary medical care, and to
impound the animal if it is not receiving those necessities.
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N.C. GEN. STAT. § 19A-4 (2009). Permanent injunction
(a) In accordance with G.S. 1A-1, Rule 65, a district court judge in the county in which the
original action was brought shall determine the merits of the action by trial without a jury, and
upon hearing such evidence as may be presented, shall enter orders as the court deems
appropriate, including a permanent injunction and dismissal of the action along with dissolution
of any preliminary injunction that had been issued.
(b) If the plaintiff prevails, the court in its discretion may include the costs of food, water,
shelter, and care, including medical care, provided to the animal, less any amounts deposited by
the defendant under G.S. 19A-70, as part of the costs allowed to the plaintiff under G.S. 6-18. In
addition, if the court finds by a preponderance of the evidence that even if a permanent
injunction were issued there would exist a substantial risk that the animal would be subjected to
further cruelty if returned to the possession of the defendant, the court may terminate the
defendant's ownership and right of possession of the animal and transfer ownership and right of
possession to the plaintiff or other appropriate successor owner. For good cause shown, the
court may also enjoin the defendant from acquiring new animals for a specified period of time or
limit the number of animals the defendant may own or possess during a specified period of time.
(c) If the final judgment entitles the defendant to regain possession of the animal, the custodian
shall return the animal, including taking any necessary steps to retrieve the animal from a foster
care provider.
(d) The court shall consider and may provide for custody and care of the animal until the time to
appeal expires or all appeals have been exhausted.
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N.C. GEN. STAT. § 14-360.1 (2009). 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.
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N.C. GEN. STAT. § 19A-45 (2009). Appointment of animal cruelty investigators; term of
office; removal; badge; oath; bond
(a) The board of county commissioners is authorized to appoint one or more animal cruelty
investigators to serve without any compensation or other employee benefits in his county. In
making these appointments, the board may consider persons nominated by any society
incorporated under North Carolina law for the prevention of cruelty to animals. Prior to making
any such appointment, the board of county commissioners is authorized to enter into an
agreement whereby any necessary expenses of caring for seized animals not collectable pursuant
to G.S. 19A-47 may be paid by the animal cruelty investigator or by any society incorporated
under North Carolina law for the prevention of cruelty to animals that is willing to bear such
expense.
(b) Animal cruelty investigators shall serve a one-year term subject to removal for cause by the
board of county commissioners. Animal cruelty investigators shall, while in the performance of
their official duties, wear in plain view a badge of a design approved by the board identifying
them as animal cruelty investigators, and provided at no cost to the county.
(c) Animal cruelty investigators shall take and subscribe the oath of office required of public
officials. The oath shall be filed with the clerk of superior court. Animal cruelty investigators
shall not be required to post any bond.
(d) Upon approval by the board of county commissioners, the animal cruelty investigator or
investigators may be reimbursed for all necessary and actual expenses, to be paid by the county.
N.C. GEN. STAT. § 19A-46 (2009). Powers; magistrate's order; execution of order; petition;
notice to owner
issuance. After he executes the order, the animal cruelty investigator shall return it with a
written inventory of the animals seized to the clerk of court in the county where the order was
issued.
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magistrate's order and a written notice of a description of the animal, the place where the
animal will be taken, the reason for taking the animal, and the investigator's intent to file a
complaint in district court requesting custody of the animal pursuant to Article 1 of this Chapter.
N.C. GEN. STAT. § 19A-48 (2009). Interference unlawful
It shall be a Class 1 misdemeanor, to interfere with an animal cruelty investigator in the

performance of his official duties.
N.C. GEN. STAT. § 19A-49 (2009). Educational requirements
Each animal cruelty investigator at his own expense must attend annually a course of at least six
hours instruction offered by the North Carolina Humane Federation or some other agency. The
course shall be designed to give the investigator expertise in the investigation of complaints
relating to the care and treatment of animals. Failure to attend a course approved by the board
of county commissioners shall be cause for removal from office.
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12. SEXUAL ASSAULT
N.C. GEN. STAT. § 14-177 (2009). 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.
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13. FIGHTING
N.C. GEN. STAT. § 14-362 (2009). Cock fighting
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 (2009). 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 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.
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N.C. GEN. STAT. § 14-362.2 (2009). 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.
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N.C. GEN. STAT. § 14-177 (2009). 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.
misdemeanor.
113-129(15a).
animal consumption.
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N.C. GEN. STAT. § 14-360.1 (2009). 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 (2009). 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 (2009). 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 (2009). Cock fighting
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.
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N.C. GEN. STAT. § 14-362.1 (2009). 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 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 (2009). 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.
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(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. § 14-363 (2009). 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.
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prior record level.
(a) Offense Classification; Default Classifications. -- The offense classification is as specified

in the offense for which the sentence is being imposed. If the offense is a felony for which there
is no classification, it is a Class I felony.
(b) Fines. -- Any judgment that includes a sentence of imprisonment may also include a fine. If
a community punishment is authorized, the judgment may consist of a fine only. Additionally,
when the defendant is other than an individual, the judgment may consist of a fine only. Unless
otherwise provided, the amount of the fine is in the discretion of the court.
(c) Punishments for Each Class of Offense and Prior Record Level; Punishment Chart Described.
-- The authorized punishment for each class of offense and prior record level is as specified in
the chart below. Prior record levels are indicated by the Roman numerals placed horizontally on
the top of the chart. Classes of offense are indicated by the letters placed vertically on the left
side of the chart. Each cell on the chart contains the following components:

authorized; "I" indicates that an intermediate punishment is authorized; "A" indicates that
an active punishment is authorized; and "Life Imprisonment Without Parole" indicates
that the defendant shall be imprisoned for the remainder of the prisoner's natural life.
(2) A presumptive range of minimum durations, if the sentence of imprisonment is

neither aggravated or mitigated; any minimum term of imprisonment in that range is
permitted unless the court finds pursuant to G.S. 15A-1340.16 that an aggravated or
mitigated sentence is appropriate. The presumptive range is the middle of the three
ranges in the cell.
(3) A mitigated range of minimum durations if the court finds pursuant to G.S. 15A-
1340.16 that a mitigated sentence of imprisonment is justified; in such a case, any
minimum term of imprisonment in the mitigated range is permitted. The mitigated range
is the lower of the three ranges in the cell.
(4) An aggravated range of minimum durations if the court finds pursuant to G.S. 15A-
1340.16 that an aggravated sentence of imprisonment is justified; in such a case, any
minimum term of imprisonment in the aggravated range is permitted. The aggravated
range is the higher of the three ranges in the cell.
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PRIOR RECORD LEVEL
___________________________________________________________________________
I II III IV V VI
0 Pts 1-4 Pts 5-8 Pts 9-14 Pts 15-18 Pts 19+ Pts
___________________________________________________________________________
A Life Imprisonment or Death as Established by Statute
___________________________________________________________________________
A A A A A A DISPOSITION
B1 192-240 230-288 269-336 307-384 346-433 384-480 PRESUMPTIVE
144-192 173-230 202-269 230-307 260-346 288-384 Mitigated
157-196 189-237 220-276 251-313 282-353 313-392 Aggravated
B2 125-157 151-189 176-220 201-251 225-282 251-313 PRESUMPTIVE
94-125 114-151 132-176 151-201 169-225 188-251 Mitigated
73-92 100-125 116-145 133-167 151-188 168-210 Aggravated
C 58-73 80-100 93-116 107-133 121-151 135-168 PRESUMPTIVE
44-58 60-80 70-93 80-107 90-121 101-135 Mitigated
64-80 77-95 103-129 117-146 133-167 146-183 Aggravated
D 51-64 61-77 82-103 94-117 107-133 117-146 PRESUMPTIVE
38-51 46-61 61-82 71-94 80-107 88-117 Mitigated
25-31 29-36 34-42 46-58 53-66 59-74 Aggravated
E 20-25 23-29 27-34 37-46 42-53 47-59 PRESUMPTIVE
15-20 17-23 20-27 28-37 32-42 35-47 Mitigated
16-20 19-24 21-26 25-31 34-42 39-49 Aggravated
F 13-16 15-19 17-21 20-25 27-34 31-39 PRESUMPTIVE
10-13 11-15 13-17 15-20 20-27 23-31 Mitigated
13-16 15-19 16-20 20-25 21-26 29-36 Aggravated
G 10-13 12-15 13-16 16-20 17-21 23-29 PRESUMPTIVE
8-10 9-12 10-13 12-16 13-17 17-23 Mitigated
6-8 8-10 10-12 11-14 15-19 20-25 Aggravated
H 5-6 6-8 8-10 9-11 12-15 16-20 PRESUMPTIVE
4-5 4-6 6-8 7-9 9-12 12-16 Mitigated
6-8 6-8 6-8 8-10 9-11 10-12 Aggravated
I 4-6 4-6 5-6 6-8 7-9 8-10 PRESUMPTIVE
3-4 3-4 4-5 4-6 5-7 6-8 Mitigated
(d) Maxim um Sentences Specified for Class F through Class I Felonies. -- Unless provided
otherwise in a statute establishing a punishm ent for a specific crim e, for each m inimum term of
imprisonment in the chart in subsection (c) of this section, expressed in months, the corresponding
maximum term of imprisonment, also expressed in months, is as specified in the table below for
Class F through Class I felonies. The first figure in each cell in the table is the minimum term and
the second is the maximum term.
3-4 4-5 5-6 6-8 7-9 8-10 9-11 10-12

11-14 12-15 13-16 14-17 15-18 16-20 17-21 18-22
19-23 20-24 21-26 22-27 23-28 24-29 25-30 26-32
27-33 28-34 29-35 30-36 31-38 32-39 33-40 34-41
35-42 36-44 37-45 38-46 39-47 40-48 41-50 42-51
43-52 44-53 45-54 46-56 47-57 48-58 49-59
(e) Maximum Sentences Specified for Class B1 through Class E Felonies for Minimum Terms up to
339 Months. -- Unless provided otherwise in a statute establishing a punishm ent for a specific
crime, for each m inimum term of im prisonment in the chart in subsection (c) of this section,
expressed in months, the corresponding maximum term of imprisonment, also expressed in months,
is as specified in the table below for Class B1 through Class E felonies. The first figure in each cell
of the table is the minimum term and the second is the maximum term.
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15-27 16-29 17-30 18-31 19-32 20-33 21-35 22-36
23-37 24-38 25-39 26-41 27-42 28-43 29-44 30-45
31-47 32-48 33-49 34-50 35-51 36-53 37-54 38-55
39-56 40-57 41-59 42-60 43-61 44-62 45-63 46-65
47-66 48-67 49-68 50-69 51-71 52-72 53-73 54-74
55-75 56-77 57-78 58-79 59-80 60-81 61-83 62-84
63-85 64-86 65-87 66-89 67-90 68-91 69-92 70-93
71-95 72-96 73-97 74-98 75-99 76-101 77-102 78-103
79-104 80-105 81-107 82-108 83-109 84-110 85-111 86-113
87-114 88-115 89-116 90-117 91-119 92-120 93-121 94-122
95-123 96-125 97-126 98-127 99-128 100-129 101-131 102-132
103-133 104-134 105-135 106-137 107-138 108-139 109-140 110-141
111-143 112-144 113-145 114-146 115-147 116-149 117-150118-151
119-152 120-153 121-155 122-156 123-157 124-158 125-159 126-161
127-162 128-163 129-164 130-165 131-167 132-168 133-169 134-170
135-171 136-173 137-174 138-175 139-176 140-177 141-179 142-180
143-181 144-182 145-183 146-185 147-186 148-187 149-188 150-189
151-191 152-192 153-193 154-194 155-195 156-197 157-198 158-199
159-200 160-201 161-203 162-204 163-205 164-206 165-207 166-209
167-210 168-211 169-212 170-213 171-215 172-216 173-217 174-218
175-219 176-221 177-222 178-223 179-224 180-225 181-227 182-228
183-229 184-230 185-231 186-233 187-234 188-235 189-236 190-237
191-239 192-240 193-241 194-242 195-243 196-245 197-246 198-247
199-248 200-249 201-251 202-252 203-253 204-254 205-255 206-257
207-258 208-259 209-260 210-261 211-263 212-264 213-265 214-266
215-267 216-269 217-270 218-271 219-272 220-273 221-275 222-276
223-277 224-278 225-279 226-281 227-282 228-283 229-284 230-285
231-287 232-288 233-289 234-290 235-291 236-293 237-294 238-295
239-296 240-297 241-299 242-300 243-301 244-302 245-303 246-305
247-306 248-307 249-308 250-309 251-311 252-312 253-313 254-314
255-315 256-317 257-318 258-319 259-320 260-321 261-323 262-324
263-325 264-326 265-327 266-329 267-330 268-331 269-332 270-333
271-335 272-336 273-337 274-338 275-339 276-341 277-342 278-343
279-344 280-345 281-347 282-348 283-349 284-350 285-351 286-353
287-354 288-355 289-356 290-357 291-359 292-360 293-361 294-362
295-363 296-365 297-366 298-367 299-368 300-369 301-371 302-372
303-373 304-374 305-375 306-377 307-378 308-379 309-380 310-381
311-383 312-384 313-385 314-386 315-387 316-389 317-390 318-391
319-392 320-393 321-395 322-396 323-397 324-398 325-399 326-401
327-402 328-403 329-404 330-405 331-407 332-408 333-409 334-410
335-411 336-413 337-414 338-415 339-416
(e1) Maximum Sentences Specified for Class B1 through Class E Felonies for Minimum Terms of
340 Months or More. -- Unless provided otherwis e in a statute establishing a punishm ent for a
specific crime, when the minimum sentence is 340 months or more, the corresponding maximum
term of imprisonment shall be equal to the sum of the minimum term of imprisonment and twenty
percent (20%) of the minimum term of imprisonment, rounded to the next highest month, plus nine
additional months.
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prior conviction level.
(a) Offense Classification; Default Classifications. -- The offense classification is as specified

in the offense for which the sentence is being imposed. If the offense is a misdemeanor for which
there is no classification, it is as classified in G.S. 14-3.
(b) Fines. -- Any judgment that includes a sentence of imprisonment may also include a fine.
Additionally, when the defendant is other than an individual, the judgment may consist of a fine
only. If a community punishment is authorized, the judgment may consist of a fine only. Unless
otherwise provided for a specific offense, the maximum fine that may be imposed is two hundred
dollars ($200.00) for a Class 3 misdemeanor and one thousand dollars ($1,000) for a Class 2
misdemeanor. The amount of the fine for a Class 1 misdemeanor and a Class A1 misdemeanor is
in the discretion of the court.
(c) Punishment for Each Class of Offense and Prior Conviction Level; Punishment Chart
Described. -- Unless otherwise provided for a specific offense, the authorized punishment for
each class of offense and prior conviction level is as specified in the chart below. Prior
conviction levels are indicated by the Roman numerals placed horizontally on the top of the
chart. Classes of offenses are indicated by the Arabic numbers placed vertically on the left side
of the chart. Each grid on the chart contains the following components:

authorized; "I" indicates that an intermediate punishment is authorized; and "A" indicates
that an active punishment is authorized; and
(2) A range of durations for the sentence of imprisonment: any sentence within the
duration specified is permitted.
__________________________________________________________________
PRIOR CONVICTION LEVELS
MISDEMEANOR
OFFENSE LEVEL I LEVEL II LEVEL III
CLASS ------- -------- ---------
No Prior One to Four Prior Five or More
Convictions Convictions Prior Convictions
__________________________________________________________________
A1 1-60 days C/I/A 1-75 days C/I/A 1-150 days C/I/A
1 1-45 days C 1-45 days C/I/A 1-120 days C/I/A
2 1-30 days C 1-45 days C/I 1-60 days C/I/A
3 1-10 days C 1-15 days C/I 1-20 days C/I/A.
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N.C. GEN. STAT. § 19A-1 (2009). Definitions
The following definitions apply in this Article:
(1) The term "animals" includes every living vertebrate in the classes Amphibia, Reptilia,
Aves, and Mammalia except human beings.
(2) The terms "cruelty" and "cruel treatment" include every act, omission, or neglect
whereby unjustifiable physical pain, suffering, or death is caused or permitted.
(3) The term "person" has the same meaning as in G.S. 12-3.
N.C. GEN. STAT. § 19A-1.1 (2009). Exemptions
This Article shall not apply to the following:
Resources Commission, except that this Article applies to those birds exempted by the
Wildlife Resources Commission from its definition of "wild birds" pursuant to G.S. 113-
129(15a).
(3) Lawful activities conducted for the primary purpose of providing food for human or
animal consumption.
animals, or the public health.
(6) Lawful activities for sport.
N.C. GEN. STAT. § 19A-2 (2009). Purpose
It shall be the purpose of this Article to provide a civil remedy for the protection and humane
treatment of animals in addition to any criminal remedies that are available and it shall be proper
in any action to combine causes of action against one or more defendants for the protection of
one or more animals. A real party in interest as plaintiff shall be held to include any person even
though the person does not have a possessory or ownership right in an animal; a real party in
interest as defendant shall include any person who owns or has possession of an animal.
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N.C. GEN. STAT. § 19A-3 (2009). Preliminary injunction
(a) Upon the filing of a verified complaint in the district court in the county in which cruelty to
an animal has allegedly occurred, the judge may, as a matter of discretion, issue a preliminary
injunction in accordance with the procedures set forth in G.S. 1A-1, Rule 65. Every such
preliminary injunction, if the plaintiff so requests, may give the plaintiff the right to provide
suitable care for the animal. If it appears on the face of the complaint that the condition giving
rise to the cruel treatment of an animal requires the animal to be removed from its owner or other
person who possesses it, then it shall be proper for the court in the preliminary injunction to
allow the plaintiff to take possession of the animal as custodian.
(b) The plaintiff as custodian may employ a veterinarian to provide necessary medical care for
the animal without any additional court order. Prior to taking such action, the plaintiff as
custodian shall consult with, or attempt to consult with, the defendant in the action, but the
plaintiff as custodian may authorize such care without the defendant's consent. Notwithstanding
the provisions of this subsection, the plaintiff as custodian may not have an animal euthanized
without written consent of the defendant or a court order that authorizes euthanasia upon the
court's finding that the animal is suffering due to terminal illness or terminal injury.
(c) The plaintiff as custodian may place an animal with a foster care provider. The foster care
provider shall return the animal to the plaintiff as custodian on demand.
N.C. GEN. STAT. § 19A-4 (2009). Permanent injunction
(a) In accordance with G.S. 1A-1, Rule 65, a district court judge in the county in which the
original action was brought shall determine the merits of the action by trial without a jury, and
upon hearing such evidence as may be presented, shall enter orders as the court deems
appropriate, including a permanent injunction and dismissal of the action along with dissolution
of any preliminary injunction that had been issued.
(b) If the plaintiff prevails, the court in its discretion may include the costs of food, water,
shelter, and care, including medical care, provided to the animal, less any amounts deposited by
the defendant under G.S. 19A-70, as part of the costs allowed to the plaintiff under G.S. 6-18. In
addition, if the court finds by a preponderance of the evidence that even if a permanent
injunction were issued there would exist a substantial risk that the animal would be subjected to
further cruelty if returned to the possession of the defendant, the court may terminate the
defendant's ownership and right of possession of the animal and transfer ownership and right of
possession to the plaintiff or other appropriate successor owner. For good cause shown, the court
may also enjoin the defendant from acquiring new animals for a specified period of time or limit
the number of animals the defendant may own or possess during a specified period of time.
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(c) If the final judgment entitles the defendant to regain possession of the animal, the custodian
shall return the animal, including taking any necessary steps to retrieve the animal from a foster
care provider.
(d) The court shall consider and may provide for custody and care of the animal until the time to
appeal expires or all appeals have been exhausted.
N.C. GEN. STAT. § 19A-45 (2009). Appointment of animal cruelty investigators; term of
office; removal; badge; oath; bond
(a) The board of county commissioners is authorized to appoint one or more animal cruelty
investigators to serve without any compensation or other employee benefits in his county. In
making these appointments, the board may consider persons nominated by any society
incorporated under North Carolina law for the prevention of cruelty to animals. Prior to making
any such appointment, the board of county commissioners is authorized to enter into an
agreement whereby any necessary expenses of caring for seized animals not collectable pursuant
to G.S. 19A-47 may be paid by the animal cruelty investigator or by any society incorporated
under North Carolina law for the prevention of cruelty to animals that is willing to bear such
expense.
(b) Animal cruelty investigators shall serve a one-year term subject to removal for cause by the
board of county commissioners. Animal cruelty investigators shall, while in the performance of
their official duties, wear in plain view a badge of a design approved by the board identifying
them as animal cruelty investigators, and provided at no cost to the county.
(c) Animal cruelty investigators shall take and subscribe the oath of office required of public
officials. The oath shall be filed with the clerk of superior court. Animal cruelty investigators
shall not be required to post any bond.
(d) Upon approval by the board of county commissioners, the animal cruelty investigator or
investigators may be reimbursed for all necessary and actual expenses, to be paid by the county.
N.C. GEN. STAT. § 19A-46 (2009). Powers; magistrate's order; execution of order; petition;
notice to owner
issuance. After he executes the order, the animal cruelty investigator shall return it with a written
inventory of the animals seized to the clerk of court in the county where the order was issued.
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magistrate's order and a written notice of a description of the animal, the place where the animal
will be taken, the reason for taking the animal, and the investigator's intent to file a complaint in
district court requesting custody of the animal pursuant to Article 1 of this Chapter.
N.C. GEN. STAT. § 19A-47 (2009). Care of seized animal
The investigator must take any animal he seizes directly to some safe and secure place and
provide suitable care for it. The necessary expenses of caring for seized animals, including
necessary veterinary care, shall be a charge against the animal's owner and a lien on the animal
to be enforced as provided by G.S. 44A-4.
N.C. GEN. STAT. § 19A-48 (2009). Interference unlawful
It shall be a Class 1 misdemeanor, to interfere with an animal cruelty investigator in the

performance of his official duties.
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N.C. GEN. STAT. § 19A-49 (2009). Educational requirements
Each animal cruelty investigator at his own expense must attend annually a course of at least six
hours instruction offered by the North Carolina Humane Federation or some other agency. The
course shall be designed to give the investigator expertise in the investigation of complaints
relating to the care and treatment of animals. Failure to attend a course approved by the board of
county commissioners shall be cause for removal from office.
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N.C. GEN. STAT. § 50B-3 (2009). Relief
(a) If the court, including magistrates as authorized under G.S. 50B-2(c1), finds that an act of
domestic violence has occurred, the court shall grant a protective order restraining the defendant
from further acts of domestic violence. A protective order may include any of the following
types of relief:
(1) Direct a party to refrain from such acts.
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(2) Grant to a party possession of the residence or household of the parties and exclude
the other party from the residence or household.
(3) Require a party to provide a spouse and his or her children suitable alternate housing.
(4) Award temporary custody of minor children and establish temporary visitation rights
pursuant to G.S. 50B-2 if the order is granted ex parte, and pursuant to subsection (a1) of
this section if the order is granted after notice or service of process.
(5) Order the eviction of a party from the residence or household and assistance to the
victim in returning to it.
(6) Order either party to make payments for the support of a minor child as required by
law.
(7) Order either party to make payments for the support of a spouse as required by law.
(8) Provide for possession of personal property of the parties, including the care, custody,
and control of any animal owned, possessed, kept, or held as a pet by either party or
minor child residing in the household.
(9) Order a party to refrain from doing any or all of the following:
a. Threatening, abusing, or following the other party.
b. Harassing the other party, including by telephone, visiting the home or

workplace, or other means.
b1. Cruelly treating or abusing an animal owned, possessed, kept, or held as a pet
by either party or minor child residing in the household.
c. Otherwise interfering with the other party.
(10) Award attorney's fees to either party.
(11) Prohibit a party from purchasing a firearm for a time fixed in the order.
(12) Order any party the court finds is responsible for acts of domestic violence to attend
and complete an abuser treatment program if the program is approved by the Domestic
Violence Commission.
(13) Include any additional prohibitions or requirements the court deems necessary to
protect any party or any minor child.
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(a1) Upon the request of either party at a hearing after notice or service of process, the court
shall consider and may award temporary custody of minor children and establish temporary
visitation rights as follows:
(1) In awarding custody or visitation rights, the court shall base its decision on the best
interest of the minor child with particular consideration given to the safety of the minor
child.
(2) For purposes of determining custody and visitation issues, the court shall consider:
a. Whether the minor child was exposed to a substantial risk of physical or

emotional injury or sexual abuse.
b. Whether the minor child was present during acts of domestic violence.
c. Whether a weapon was used or threatened to be used during any act of

domestic violence.
d. Whether a party caused or attempted to cause serious bodily injury to the

aggrieved party or the minor child.
e. Whether a party placed the aggrieved party or the minor child in reasonable
fear of imminent serious bodily injury.
f. Whether a party caused an aggrieved party to engage involuntarily in sexual

relations by force, threat, or duress.
g. Whether there is a pattern of abuse against an aggrieved party or the minor

child.
h. Whether a party has abused or endangered the minor child during visitation.
i. Whether a party has used visitation as an opportunity to abuse or harass the

aggrieved party.
j. Whether a party has improperly concealed or detained the minor child.
k. Whether a party has otherwise acted in a manner that is not in the best interest
of the minor child.
(3) If the court awards custody, the court shall also consider whether visitation is in the
best interest of the minor child. If ordering visitation, the court shall provide for the
safety and well-being of the minor child and the safety of the aggrieved party. The court
may consider any of the following:
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a. Ordering an exchange of the minor child to occur in a protected setting or in the
presence of an appropriate third party.
b. Ordering visitation supervised by an appropriate third party, or at a supervised

visitation center or other approved agency.
c. Ordering the noncustodial parent to attend and complete, to the satisfaction of

the court, an abuser treatment program as a condition of visitation.
d. Ordering either or both parents to abstain from possession or consumption of

alcohol or controlled substances during the visitation or for 24 hours preceding an
exchange of the minor child.
e. Ordering the noncustodial parent to pay the costs of supervised visitation.
f. Prohibiting overnight visitation.
g. Requiring a bond from the noncustodial parent for the return and safety of the
minor child.
h. Ordering an investigation or appointment of a guardian ad litem or attorney for

the minor child.
i. Imposing any other condition that is deemed necessary to provide for the safety
and well-being of the minor child and the safety of the aggrieved party.
If the court grants visitation, the order shall specify dates and times for the visitation to
take place or other specific parameters or conditions that are appropriate. A person,
supervised visitation center, or other agency may be approved to supervise visitation after
appearing in court or filing an affidavit accepting that responsibility and acknowledging
accountability to the court.
(4) A temporary custody order entered pursuant to this Chapter shall be without prejudice
and shall be for a fixed period of time not to exceed one year. Nothing in this section
shall be construed to affect the right of the parties to a de novo hearing under Chapter 50
of the General Statutes. Any subsequent custody order entered under Chapter 50 of the
General Statutes supersedes a temporary order issued pursuant to this Chapter.
(b) Protective orders entered pursuant to this Chapter shall be for a fixed period of time not to
exceed one year. The court may renew a protective order for a fixed period of time not to exceed
two years, including an order that previously has been renewed, upon a motion by the aggrieved
party filed before the expiration of the current order; provided, however, that a temporary award
of custody entered as part of a protective order may not be renewed to extend a temporary award
of custody beyond the maximum one-year period. The court may renew a protective order for
good cause. The commission of an act as defined in G.S. 50B-1(a) by the defendant after entry of
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the current order is not required for an order to be renewed. Protective orders entered, including
consent orders, shall not be mutual in nature except where both parties file a claim and the court
makes detailed findings of fact indicating that both parties acted as aggressors, that neither party
acted primarily in self-defense, and that the right of each party to due process is preserved.
(c) A copy of any order entered and filed under this Article shall be issued to each party. In
addition, a copy of the order shall be issued promptly to and retained by the police department of
the city of the victim's residence. If the victim does not reside in a city or resides in a city with
no police department, copies shall be issued promptly to and retained by the sheriff, and the
county police department, if any, of the county in which the victim resides. If the defendant is
ordered to stay away from the child's school, a copy of the order shall be delivered promptly by
the sheriff to the principal or, in the principal's absence, the assistant principal or the principal's
designee of each school named in the order.
(c1) When a protective order issued under this Chapter is filed with the Clerk of Superior Court,
the clerk shall provide to the applicant an informational sheet developed by the Administrative
Office of the Courts that includes:
(1) Domestic violence agencies and services.
(2) Sexual assault agencies and services.
(3) Victims' compensation services.
(4) Legal aid services.
(5) Address confidentiality services.
(6) An explanation of the plaintiff's right to apply for a permit under G.S. 14-415.15.
(d) The sheriff of the county where a domestic violence order is entered shall provide for prompt
entry of the order into the National Crime Information Center registry and shall provide for
access of such orders to magistrates on a 24-hour-a-day basis. Modifications, terminations,
renewals, and dismissals of the order shall also be promptly entered.
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ANIMAL PROTECTION LAWS OF NORTH DAKOTA
ANIMAL PROTECTION LAWS OF NORTH DAKOTA
2. PENALTIES
3. EXEMPTIONS
12. SEXUAL ASSAULT
13. FIGHTING
This chapter contains North Dakota’s general animal protection and related statutes enacted prior to November 2009. It
North Dakota may employ similar provisions within other non-animal-specific criminal and civil statutes; may have

USA Map
NORTH DAKOTA

General cruelty
N.D. CENT. CODE § 36-21.1-02
(2)
Cruelty in transportation
N.D. CENT. CODE § 36-21.1-03
(3)
Poisoning animals
N.D. CENT. CODE § 36-21.1-04
Animals Covered in Definition A[E]very living animal except the human

race@
N.D. CENT. CODE § 36-21.1-01

Class A misdemeanor
2. MAXIMUM PENALTIES ** 1 year imprisonment

and/or
$2,000 fine
N.D. CENT. CODE § 12.1-32-01(5)
3. EXEMPTIONS *** 2, 3, 4, 5, 7, 9
N.D. CENT. CODE § 36-21.1-01
8, 9
N.D. CENT. CODE § 36-21.1-02(8)
9
N.D. CENT. CODE § 36-21.1-15
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NORTH DAKOTA continued
6. RESTITUTION / REIMBURSEMENT Person with custody of seized and abandoned

H
animals has a lien against them for costs of
care
N.D. CENT. CODE §§ 36-21.1-06, 36-21.1-13
7. SEIZURE / ON-SITE SUPERVISION Sheriff, police officers, licensed vets, and

investigators may seize animals found
abandoned, exposed to the elements, or not
properly fed or watered
N.D. CENT. CODE §§ 36-21.1-06, 36-21.1-13
8. FORFEITURE / POSSESSION H Animals seized or abandoned may be sold if

owner does not satisfy the lien for costs of
care
N.D. CENT. CODE §§ 36-21.1-06, 36-21.1-13
Before a seized animal is returned to its
owner, the court shall determine whether the
owner or the owner’s agent can provide
adequate care for the animal
N.D. CENT. CODE § 36.21.1-06(8)
10. VETERINARIAN REPORTING / IMMUNITY A licensed veterinarian who has custody of an

animal pursuant to the animal protection laws
and who is acting in an official or
professional capacity and making good-faith
efforts to comply with the relevant laws is
immune from any civil or criminal liability
for acts taken or omitted while attempting to
comply with such laws
N.D. CENT. CODE § 36-21.1-14
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NORTH DAKOTA continued
12. SEXUAL ASSAULT The sexual assault of an animal is a Class A

misdemeanor
N.D. CENT. CODE § 12.1-20-12

is a Class A misdemeanor
N.D. CENT. CODE § 36-21.1-07
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N.D. CENT. CODE § 36-21.1-01 (2009). Definitions
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:
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.
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N.D. CENT. CODE § 36-21.1-02 (2009). 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 he 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, 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 (2009). 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 he carry an animal, or cause an animal to be carried, in any other cruel manner.
N.D. CENT. CODE § 36-21.1-04 (2009). 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.
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2. PENALTIES
N.D. CENT. CODE § 12.1-32-01 (2009). Classification of offenses -- Penalties.
Offenses are divided into seven classes, which are denominated and subject to maximum
penalties, as follows:
1. Class AA felony, for which a maximum penalty of life imprisonment without parole may be
imposed. The court must designate whether the life imprisonment sentence imposed is with or
without an opportunity for parole. Notwithstanding the provisions of section 12-59-05, a person
found guilty of a class AA felony and who receives a sentence of life imprisonment with parole,
shall not be eligible to have that person's sentence considered by the parole board for thirty
years, less sentence reduction earned for good conduct, after that person's admission to the
penitentiary.
2. Class A felony, for which a maximum penalty of twenty years' imprisonment, a fine of ten
thousand dollars, or both, may be imposed.
3. Class B felony, for which a maximum penalty of ten years' imprisonment, a fine of ten
4. Class C felony, for which a maximum penalty of five years' imprisonment, a fine of five
5. Class A misdemeanor, for which a maximum penalty of one year's imprisonment, a fine of two
6. Class B misdemeanor, for which a maximum penalty of thirty days' imprisonment, a fine of
one thousand dollars, or both, may be imposed.
7. Infraction, for which a maximum fine of five hundred dollars may be imposed. Any person
convicted of an infraction who has, within one year prior to commission of the infraction of
which the person was convicted, been previously convicted of an offense classified as an
infraction may be sentenced as though convicted of a class B misdemeanor. If the prosecution
contends that the infraction is punishable as a class B misdemeanor, the complaint shall specify
that the offense is a misdemeanor.
This section shall not be construed to forbid sentencing under section 12.1-32-09, relating to
extended sentences.
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N.D. CENT. CODE § 36-21.1-11 (2009). Penalty.
Any person knowingly and willfully violating any rule adopted by the board or violating any
provision of this chapter for which a specific penalty is not provided is guilty of a class A
misdemeanor.
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3. EXEMPTIONS
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.


e. A rodeo;
6. "Investigator" means any person approved by the board to determine whether there has been a
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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
N.D. CENT. CODE § 36-21.1-15 (2009). Applicability of chapter
This chapter does not apply to estrays covered under chapter 36-22.
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N.D. CENT. CODE § 36-21.1-06 (2009). Exposure of animals -- Authority of officers
1. Any sheriff, police officer, licensed veterinarian, or investigator may take custody of and care
for any animal unjustifiably exposed to cold or inclement weather or not properly fed and
watered. Any sheriff or police officer may use reasonable means to enter a motor vehicle and
remove an animal that has been left in the vehicle in violation of section 36-21.1-03.1.
2. A sheriff, police officer, licensed veterinarian, or investigator may care for the animal until it
is redeemed by the owner or authorized agent of the owner and when necessary may deliver the
animal to another person or facility to be sheltered, cared for, and furnished suitable food and
drink.
3. If the owner or the owner's agent is known, the individual must be immediately notified. If the
owner or the owner's agent is unknown, notice must be given by publication in the manner
prescribed by law. The notice must inform the owner or the owner's agent that the animal may be
sold, or otherwise disposed of, pursuant to court order if the animal is not redeemed within five
days from the date of the notice.
4. The sheriff, police officer, licensed veterinarian, investigator, or whoever has custody of the
animal has a lien on the animal and that lien is superior to any other claim or lien, for the
animal's care and keeping, the reasonable value of the food and drink furnished, and the
expenses of notifying the owner or the owner's agent. If the lien is not discharged and satisfied
by the owner or the owner's agent within five days after receipt of the notice, the person holding
the claim may apply to the district court for an order to sell the animal and discharge the lien.
5. Upon order of the court, the animal may be sold at a public market to pay the charges for its
keeping, and the title to the animal passes by the sale.
6. The court may award costs and reasonable attorney's fees to the person bringing the action to
enforce the lien, arrange for the adoption of the animal, or arrange for the destruction and
disposal of the animal if no market exists for the animal or if the animal is a companion animal.
7. If the animal is sold, the lienholder is entitled to the proceeds of the sale to the extent of the
lien and the remainder, if any, must be paid over to the owner or the owner's agent, if known. If
the owner or the owner's agent is not known, the remainder must be deposited in the county
general fund. If no purchaser is found, the animal, at the discretion of the commissioner, may be
offered for adoption or disposed of consistent with the law.
8. Before the animal is returned to its owner, the court shall determine whether the owner or the
owner's agent can provide adequate care for the animal. The court has ten days within which to
make this determination. The owner shall pay the cost of taking the animal into custody before
the animal is released to the owner or the owner's agent.
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N.D. CENT. CODE § 36-21.1-13 (2009). Abandoned animals -- Assumption of custody
for any animal found abandoned. The individual taking custody shall take reasonable steps to
determine the ownership of the abandoned animal.
2. A sheriff, police officer, licensed veterinarian, or investigator may care for the animal until the
animal is redeemed by the owner or the owner's agent or may deliver the animal to another
person or facility to be sheltered, cared for, and furnished suitable food and drink.
3. Notice must be given by publication in the official newspaper of the jurisdiction. The notice
must provide that the animal may be sold, placed for adoption, or otherwise disposed of if the
animal is not redeemed within five days from the date of the notice.
4. The person having custody of the animal has a lien on the animal for the animal's care and
keeping, the reasonable value of the food and drink furnished, and the expenses of notifying the
owner or the owner's agent. The lien is superior to any other claim or lien. If the lien is not
discharged and satisfied by the owner or the owner's agent within five days after publication of
the notice, the person holding the claim may sell the animal and discharge the lien.
5. The court may award reasonable attorney's fees to the person bringing the action to enforce
the lien and may award costs, which include the costs of arranging for the adoption of the
animal or the costs of the destruction and disposal of the animal.
lien and the remainder, if any, must be deposited in the county general fund.
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drink.
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2. A sheriff, police officer, licensed veterinarian, or investigator may care for the animal until
the animal is redeemed by the owner or the owner's agent or may deliver the animal to another
the lien and may award costs, which include the costs of arranging for the adoption of the animal
or the costs of the destruction and disposal of the animal.
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drink.
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N.D. CENT. CODE § 36-21.1-14 (2009). Assumption of custody -- Immunity from liability
Any sheriff, police officer, licensed veterinarian, investigator, or person who has custody of an
animal under this chapter and who is acting in an official or professional capacity and making a
good-faith effort to comply with this chapter is immune from any civil or criminal liability for
acts taken or omitted while attempting to comply with this chapter.
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12. SEXUAL ASSAULT
N.D. CENT. CODE § 12.1-20-02 (2009). Definitions
In sections 12.1-20-03 through 12.1-20-12:
1. "Deviate sexual act" means any form of sexual contact with an animal, bird, or dead
person.
2. "Object" means anything used in commission of a sexual act other than the person of
the actor.
3. "Sexual act" means sexual contact between human beings consisting of contact
between the penis and the vulva, the penis and the anus, the mouth and the penis, the
mouth and the vulva, or any other portion of the human body and the penis, anus, or
vulva; or the use of an object which comes in contact with the victim's anus, vulva, or
penis. For the purposes of this subsection, sexual contact between the penis and the
vulva, the penis and the anus, any other portion of the human body and the anus or vulva,
or an object and the anus, vulva, or penis of the victim, occurs upon penetration, however
slight. Emission is not required.
4. "Sexual contact" means any touching, whether or not through the clothing or other
covering, of the sexual or other intimate parts of the person, or the penile ejaculation or
ejaculate or emission of urine or feces upon any part of the person, for the purpose of
arousing or satisfying sexual or aggressive desires.
N.D. CENT. CODE § 12.1-20-12 (2009). Deviate sexual act
A person who performs a deviate sexual act with the intent to arouse or gratify his sexual desire
is guilty of a class A misdemeanor.
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13. FIGHTING
N.D. CENT. CODE § 36-21.1-07 (2009). 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.
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N.D. CENT. CODE § 12.1-20-02 (2009). Definitions
In sections 12.1-20-03 through 12.1-20-12:
1. "Deviate sexual act" means any form of sexual contact with an animal, bird, or dead
person.
2. "Object" means anything used in commission of a sexual act other than the person of
the actor.
3. "Sexual act" means sexual contact between human beings consisting of contact
between the penis and the vulva, the penis and the anus, the mouth and the penis, the
mouth and the vulva, or any other portion of the human body and the penis, anus, or
vulva; or the use of an object which comes in contact with the victim's anus, vulva, or
penis. For the purposes of this subsection, sexual contact between the penis and the
vulva, the penis and the anus, any other portion of the human body and the anus or vulva,
or an object and the anus, vulva, or penis of the victim, occurs upon penetration, however
slight. Emission is not required.
4. "Sexual contact" means any touching, whether or not through the clothing or other
covering, of the sexual or other intimate parts of the person, or the penile ejaculation or
ejaculate or emission of urine or feces upon any part of the person, for the purpose of
arousing or satisfying sexual or aggressive desires.
N.D. CENT. CODE § 12.1-20-12 (2009). Deviate sexual act
A person who performs a deviate sexual act with the intent to arouse or gratify his sexual desire
is guilty of a class A misdemeanor.
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N.D. CENT. CODE § 12.1-32-01 (2009). Classification of offenses -- Penalties.
Offenses are divided into seven classes, which are denominated and subject to maximum
penalties, as follows:
1. Class AA felony, for which a maximum penalty of life imprisonment without parole
may be imposed. The court must designate whether the life imprisonment sentence
imposed is with or without an opportunity for parole. Notwithstanding the provisions of
section 12-59-05, a person found guilty of a class AA felony and who receives a sentence
of life imprisonment with parole, shall not be eligible to have that person's sentence
considered by the parole board for thirty years, less sentence reduction earned for good
conduct, after that person's admission to the penitentiary.
2. Class A felony, for which a maximum penalty of twenty years' imprisonment, a fine of
ten thousand dollars, or both, may be imposed.
3. Class B felony, for which a maximum penalty of ten years' imprisonment, a fine of ten
4. Class C felony, for which a maximum penalty of five years' imprisonment, a fine of
five thousand dollars, or both, may be imposed.
5. Class A misdemeanor, for which a maximum penalty of one year's imprisonment, a

fine of two thousand dollars, or both, may be imposed.
6. Class B misdemeanor, for which a maximum penalty of thirty days' imprisonment, a

fine of one thousand dollars, or both, may be imposed.
7. Infraction, for which a maximum fine of five hundred dollars may be imposed. Any
person convicted of an infraction who has, within one year prior to commission of the
infraction of which the person was convicted, been previously convicted of an offense
classified as an infraction may be sentenced as though convicted of a class B
misdemeanor. If the prosecution contends that the infraction is punishable as a class B
misdemeanor, the complaint shall specify that the offense is a
misdemeanor.
This section shall not be construed to forbid sentencing under section 12.1-32-09, relating to
extended sentences.
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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.


e. A rodeo;
6. "Investigator" means any person approved by the board to determine whether there has been a
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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
N.D. CENT. CODE § 36-21.1-03 (2009). 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 he carry an animal, or cause an animal to be carried, in any other cruel manner.
N.D. CENT. CODE § 36-21.1-04 (2009). 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.
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drink.
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N.D. CENT. CODE § 36-21.1-07 (2009). 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 § 36-21.1-11 (2009). Penalty.
Any person knowingly and willfully violating any rule adopted by the board or violating any
provision of this chapter for which a specific penalty is not provided is guilty of a class A
misdemeanor.
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N.D. CENT. CODE § 36-21.1-14 (2009). Assumption of custody -- Immunity from liability
Any sheriff, police officer, licensed veterinarian, investigator, or person who has custody of an
animal under this chapter and who is acting in an official or professional capacity and making a
good-faith effort to comply with this chapter is immune from any civil or criminal liability for
acts taken or omitted while attempting to comply with this chapter.
N.D. CENT. CODE § 36-21.1-15 (2009). Applicability of chapter
This chapter does not apply to estrays covered under chapter 36-22.
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ANIMAL PROTECTION LAWS OF OHIO
ANIMAL PROTECTION LAWS OF OHIO
2. PENALTIES
3. EXEMPTIONS
12. SEXUAL ASSAULT
13. FIGHTING
This chapter contains Ohio’s general animal protection and related statutes enacted prior to November 2009. It begins
Ohio may employ similar provisions within other non-animal-specific criminal and civil statutes; may have other more

USA Map
OHIO

Abandoning animals
OHIO REV. CODE ANN. § 959.01
(2)
Injuring animals
(3)
Poisoning animals
(4)
Cruelty to animals
(5)
Knowing cruelty to companion animals
OHIO REV. CODE ANN. § 959.131(B)
(6)
Negligent cruelty to companion animals
OHIO REV. CODE ANN. § 959.131(C)
Animals Covered in Definition A[E]very living dumb creature@

OH-3
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OHIO continued

[1st offense]:
2nd degree misdemeanor
----------
(2)
[If injured animal is valued at less than $300]:
[If injured animal is valued at more than

$300]:
----------
(3)
4th degree misdemeanor
----------
(4)
----------
(5)
[1st offense]:
5th degree felony
OH-4
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OHIO continued

[1st offense]:
90 days jail
and
$750 fine
6 months jail
and
$1,000 fine
----------
(2)
[If injured animal is valued at less than $300]:
90 days jail
and
$750 fine
[If injured animal is valued at more than

$300]:
6 months jail
and
$1,000 fine
OH-5
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OHIO continued
2. MAXIMUM PENALTIES continued** (3)

30 days jail
and
$250 fine
----------
(4)
90 days jail
and
$750 fine
----------
(5)
[1st offense]:
6 months jail
and
$1,000 fine
and
$2,500 fine
3. EXEMPTIONS *** 1
4, 9
OHIO REV. CODE ANN. §§ 959.13(A)(2),(4),
(B)
1, 2, 9
OHIO REV. CODE ANN. §§ 959.131
OH-6
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OHIO continued
4. COUNSELING / EVALUATIONS H Court may order those convicted of cruelty to

a companion animal to undergo a
psychological evaluation or counseling, costs
to be borne by offender
OHIO REV. CODE ANN. § 959.99(E)(4)
6. RESTITUTION / REIMBURSEMENT Court may order person charged with a

H
OF COSTS / BONDING & LIENS violation of companion animal cruelty to post
a bond for the costs of care for impounded
animals
Upon conviction, court may order offender to

pay costs of care
If seized animal is forfeited and sold,

proceeds will first be applied to costs of care
OHIO REV. CODE ANN. § 959.99(D)
Court may order person convicted of

companion animal cruelty to reimburse costs
of care
OHIO REV. CODE ANN. § 959.99(E)
Person guilty of cruelty to animal owned by

another person is liable to owner for damages
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OHIO continued
6. RESTITUTION / REIMBURSEMENT If an animal is seized to protect it from

H
OF COSTS / BONDING & LIENS continued neglect, owner is liable for costs of care
Note: Under state general criminal laws,

those convicted of certain misdemeanors and
felonies may be ordered to pay restitution and
reimbursement of costs.
OHIO REV. CODE ANN. §§ 2929.18, 2929.28
7. SEIZURE / ON-SITE SUPERVISION Any law enforcement officer, agent of a

county humane society, dog warden, assistant
dog warden, or other person appointed to act
as an animal control officer, may impound a
companion animal if there is probable cause
to believe that it or other companion animals
that are kept by the same person on the
premises are the subject of companion animal
cruelty
After charges are filed alleging companion

animal cruelty, the court may authorize an
officer or another person to visit the place
where the companion animal is being kept, to
determine whether the companion animal is
receiving proper care and to impound it if it is
not receiving such care
Humane society members can require law

enforcement agents to take possession of any
animal cruelly treated
Any person may seize an animal to protect it

from neglect
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OHIO continued
8. FORFEITURE / POSSESSION H Failure to post or renew a court-ordered bond

may result in forfeiture of impounded animals
Upon conviction, court may order animals

forfeited
Court may order the forfeiture of cruelly

treated animals
OHIO REV. CODE ANN. §§ 959.99(D),(E)
Court may prohibit or place limitations on the

ability to own or care for any companion
animals for a specified or indefinite period of
time for those convicted of companion animal
cruelty
OHIO REV. CODE ANN. § 959.99(E)
9. CROSS ENFORCEMENT / REPORTING Humane society agents may arrest any person
violating a law that protects animals or
persons
OHIO REV. CODE ANN. §§ 1717.04, 1717.06,
and can require other law enforcement
officers to do so as well
OHIO REV. CODE ANN. § 1717.09,
and must report suspected child abuse or
neglect
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OHIO continued
11. LAW ENFORCEMENT POLICIES Appointed Ohio Humane Society agents,

approved by local authorities, may arrest
violators
OHIO REV. CODE ANN. §§ 1717.04, 1717.06
An officer, agent, or member of the Ohio

Humane Society or of a county humane
society may interfere to prevent the
perpetration of any act of cruelty to animals
in his presence, may use necessary force to
prevent it, and may summon to his aid any
bystanders
Humane society members can require law

enforcement agents to arrest violators
13. FIGHTING Various animal fighting activities are 4th

degree misdemeanors
Various dogfighting activities (including

spectatorship) are 4th degree felonies on first
offense, and 3rd degree felonies on subsequent
offenses
Procedures for seizure and impoundment of

fighting dogs

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OHIO REV. CODE ANN. § 959.01 (2009). Abandoning animals
No owner or keeper of a dog, cat, or other domestic animal, shall abandon such animal.
OHIO REV. CODE ANN. § 959.02 (2009). 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 (2009). 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 (2009). 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 manner;
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(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, 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
compartments 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 (2009). 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.
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(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;
(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.
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(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. § 1717.01 (2009). Definitions.
As used in sections 1717.01 to 1717.14, inclusive, of the Revised Code, and in every law relating
to animals:
(A) AAnimal@ includes every living dumb creature;
(B) ACruelty,@ Atorment,@ and Atorture@ include every act, omission, or neglect by which
unnecessary or unjustifiable pain or suffering is caused, permitted, or allowed to continue, when
there is a reasonable remedy or relief;
(C) AOwner@ and Aperson@ include corporations. For the purpose of this section the knowledge
and acts of the agents and employees of a corporation, in regard to animals transported, owned,
or employed by, or in the custody of, such agents and employees, are the knowledge and acts of
the corporation.
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2. PENALTIES
OHIO REV. CODE ANN. § 959.99 (2009). 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 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 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 of the Revised Code to forfeit to an impounding agency, as
defined in section 959.132 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.
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(b) A court may order a person who is convicted of or pleads guilty to a violation
of section 959.131 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 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 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.
OHIO REV. CODE ANN. § 2929.14 (2009). Basic prison terms
(A) Except as provided in division (C), (D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), (D)(7),
(D)(8), (G), (I), (J), or (L) of this section or in division (D)(6) of section 2919.25 of the Revised
Code and except in relation to an offense for which a sentence of death or life imprisonment is to
be imposed, if the court imposing a sentence upon an offender for a felony elects or is required
to impose a prison term on the offender pursuant to this chapter, the court shall impose a
definite prison term that shall be one of the following:
(1) For a felony of the first degree, the prison term shall be three, four, five, six, seven,
eight, nine, or ten years.
(2) For a felony of the second degree, the prison term shall be two, three, four, five, six,
seven, or eight years.
(3) For a felony of the third degree, the prison term shall be one, two, three, four, or five
years.
(4) For a felony of the fourth degree, the prison term shall be six, seven, eight, nine, ten,
eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, or eighteen months.
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(5) For a felony of the fifth degree, the prison term shall be six, seven, eight, nine, ten,
eleven, or twelve months.
* * * * *
OHIO REV. CODE ANN. § 2929.18 (2009). Financial sanctions; restitution
(A) Except as otherwise provided in this division and in addition to imposing court costs
pursuant to section 2947.23 of the Revised Code, the court imposing a sentence upon an offender
for a felony may sentence the offender to any financial sanction or combination of financial
sanctions authorized under this section or, in the circumstances specified in section 2929.32 of
the Revised Code, may impose upon the offender a fine in accordance with that section.
Financial sanctions that may be imposed pursuant to this section include, but are not limited to,
the following:
(1) Restitution by the offender to the victim of the offender's crime or any survivor of the
victim, in an amount based on the victim's economic loss. If the court imposes restitution,
the court shall order that the restitution be made to the victim in open court, to the adult
probation department that serves the county on behalf of the victim, to the clerk of courts,
or to another agency designated by the court. If the court imposes restitution, at
sentencing, the court shall determine the amount of restitution to be made by the
offender. If the court imposes restitution, the court may base the amount of restitution it
orders on an amount recommended by the victim, the offender, a presentence
investigation report, estimates or receipts indicating the cost of repairing or replacing
property, and other information, provided that the amount the court orders as restitution
shall not exceed the amount of the economic loss suffered by the victim as a direct and
proximate result of the commission of the offense. If the court decides to impose
restitution, the court shall hold a hearing on restitution if the offender, victim, or survivor
disputes the amount. All restitution payments shall be credited against any recovery of
economic loss in a civil action brought by the victim or any survivor of the victim against
the offender.
If the court imposes restitution, the court may order that the offender pay a surcharge of
not more than five per cent of the amount of the restitution otherwise ordered to the
entity responsible for collecting and processing restitution payments.
The victim or survivor may request that the prosecutor in the case file a motion, or the
offender may file a motion, for modification of the payment terms of any restitution
ordered. If the court grants the motion, it may modify the payment terms as it determines
appropriate.
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(2) Except as provided in division (B)(1), (3), or (4) of this section, a fine payable by the
offender to the state, to a political subdivision, or as described in division (B)(2) of this
section to one or more law enforcement agencies, with the amount of the fine based on a
standard percentage of the offender's daily income over a period of time determined by
the court and based upon the seriousness of the offense. A fine ordered under this
division shall not exceed the maximum conventional fine amount authorized for the level
of the offense under division (A)(3) of this section.
offender to the state, to a political subdivision when appropriate for a felony, or as
described in division (B)(2) of this section to one or more law enforcement agencies, in
the following amount:
(a) For a felony of the first degree, not more than twenty thousand dollars;
(b) For a felony of the second degree, not more than fifteen thousand dollars;
(c) For a felony of the third degree, not more than ten thousand dollars;
(d) For a felony of the fourth degree, not more than five thousand dollars;
(e) For a felony of the fifth degree, not more than two thousand five hundred
dollars.
(4) A state fine or costs as defined in section 2949.111 of the Revised Code.
(5)
(a) Reimbursement by the offender of any or all of the costs of sanctions incurred
by the government, including the following:
(i) All or part of the costs of implementing any community control

sanction, including a supervision fee under section 2951.021 of the
Revised Code;
(ii) All or part of the costs of confinement under a sanction imposed

pursuant to section 2929.14, 2929.142, or 2929.16 of the Revised Code,
provided that the amount of reimbursement ordered under this division
shall not exceed the total amount of reimbursement the offender is able to
pay as determined at a hearing and shall not exceed the actual cost of the
confinement;
(iii) All or part of the cost of purchasing and using an immobilizing or

disabling device, including a certified ignition interlock device, or a
remote alcohol monitoring device that a court orders an offender to use
under section 4510.13 of the Revised Code.
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(b) If the offender is sentenced to a sanction of confinement pursuant to section
2929.14 or 2929.16 of the Revised Code that is to be served in a facility operated
by a board of county commissioners, a legislative authority of a municipal
corporation, or another local governmental entity, if, pursuant to section 307.93,
341.14, 341.19, 341.23, 753.02, 753.04, 753.16, 2301.56, or 2947.19 of the
Revised Code and section 2929.37 of the Revised Code, the board, legislative
authority, or other local governmental entity requires prisoners to reimburse the
county, municipal corporation, or other entity for its expenses incurred by reason
of the prisoner's confinement, and if the court does not impose a financial
sanction under division (A)(5)(a)(ii) of this section, confinement costs may be
assessed pursuant to section 2929.37 of the Revised Code. In addition, the
offender may be required to pay the fees specified in section 2929.38 of the
Revised Code in accordance with that section.
(c) Reimbursement by the offender for costs pursuant to section 2929.71 of the
Revised Code.
(B)
(1) For a first, second, or third degree felony violation of any provision of Chapter 2925.,
3719., or 4729. of the Revised Code, the sentencing court shall impose upon the offender
a mandatory fine of at least one-half of, but not more than, the maximum statutory fine
amount authorized for the level of the offense pursuant to division (A)(3) of this section.
If an offender alleges in an affidavit filed with the court prior to sentencing that the
offender is indigent and unable to pay the mandatory fine and if the court determines the
offender is an indigent person and is unable to pay the mandatory fine described in this
division, the court shall not impose the mandatory fine upon the offender.
(2) Any mandatory fine imposed upon an offender under division (B)(1) of this section
and any fine imposed upon an offender under division (A)(2) or (3) of this section for any
fourth or fifth degree felony violation of any provision of Chapter 2925., 3719., or 4729.
of the Revised Code shall be paid to law enforcement agencies pursuant to division (F) of
section 2925.03 of the Revised Code.
(3) For a fourth degree felony OVI offense and for a third degree felony OVI offense, the
sentencing court shall impose upon the offender a mandatory fine in the amount specified
in division (G)(1)(d) or (e) of section 4511.19 of the Revised Code, whichever is
applicable. The mandatory fine so imposed shall be disbursed as provided in the division
pursuant to which it is imposed.
* * * * *
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OHIO REV. CODE ANN. § 2929.24 (2009). Definite jail terms for misdemeanor; eligibility for
county jail industry program; reimbursement sanction; costs of confinement
(A) Except as provided in section 2929.22 or 2929.23 of the Revised Code or division (E) or (F)
of this section and unless another term is required or authorized pursuant to law, if the
sentencing court imposing a sentence upon an offender for a misdemeanor elects or is required
to impose a jail term on the offender pursuant to this chapter, the court shall impose a definite
jail term that shall be one of the following:
(1) For a misdemeanor of the first degree, not more than one hundred eighty days;
(2) For a misdemeanor of the second degree, not more than ninety days;
(3) For a misdemeanor of the third degree, not more than sixty days;
(4) For a misdemeanor of the fourth degree, not more than thirty days.
(B) A court that sentences an offender to a jail term under this section may permit the offender to
serve the sentence in intermittent confinement or may authorize a limited release of the offender
as provided in division (B) of section 2929.26 of the Revised Code.
(C) If a court sentences an offender to a jail term under this section and the court assigns the
offender to a county jail that has established a county jail industry program pursuant to section
5147.30 of the Revised Code, the court shall specify, as part of the sentence, whether the
offender may be considered for participation in the program. During the offender's term in the
county jail, the court retains jurisdiction to modify its specification regarding the offender's
participation in the county jail industry program.
(D) If a person is sentenced to a jail term pursuant to this section, the court may impose as part
of the sentence pursuant to section 2929.28 of the Revised Code a reimbursement sanction, and,
if the local detention facility in which the term is to be served is covered by a policy adopted
pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23, 753.02, 753.04, 753.16, 2301.56, or
2947.19 of the Revised Code and section 2929.37 of the Revised Code, both of the following
apply:
(1) The court shall specify both of the following as part of the sentence:
(a) If the person is presented with an itemized bill pursuant to section 2929.37 of
the Revised Code for payment of the costs of confinement, the person is required
to pay the bill in accordance with that section.
(b) If the person does not dispute the bill described in division (D)(1)(a) of this
section and does not pay the bill by the times specified in section 2929.37 of the
Revised Code, the clerk of the court may issue a certificate of judgment against
the person as described in that section.
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(2) The sentence automatically includes any certificate of judgment issued as described in
division (D)(1)(b) of this section.
(E) If an offender who is convicted of or pleads guilty to a violation of division (B) of section
4511.19 of the Revised Code also is convicted of or also pleads guilty to a specification of the
type described in section 2941.1416 of the Revised Code and if the court imposes a jail term on
the offender for the underlying offense, the court shall impose upon the offender an additional
definite jail term of not more than six months. The additional jail term shall not be reduced
pursuant to any provision of the Revised Code. The offender shall serve the additional jail term
consecutively to and prior to the jail term imposed for the underlying offense and consecutively
to any other mandatory term imposed in relation to the offense.
(F)
(1) If an offender is convicted of or pleads guilty to a misdemeanor violation of section
2907.23, 2907.24, 2907.241, or 2907.25 of the Revised Code and to a specification of the
type described in section 2941.1421 of the Revised Code and if the court imposes a jail
term on the offender for the misdemeanor violation, the court may impose upon the
offender an additional definite jail term as follows:
(a) Subject to division (F)(1)(b) of this section, an additional definite jail term of
not more than sixty days;
(b) If the offender previously has been convicted of or pleaded guilty to one or
more misdemeanor or felony violations of section 2907.22, 2907.23, 2907.24,
2907.241, or 2907.25 of the Revised Code and also was convicted of or pleaded
guilty to a specification of the type described in section 2941.1421 of the Revised
Code regarding one or more of those violations, an additional definite jail term of
not more than one hundred twenty days.
(2) In lieu of imposing an additional definite jail term under division (F)(1) of this
section, the court may directly impose on the offender a sanction that requires the
offender to wear a real-time processing, continual tracking electronic monitoring device
during the period of time specified by the court. The period of time specified by the court
shall equal the duration of an additional jail term that the court could have imposed upon
the offender under division (F)(1) of this section. A sanction imposed under this division
shall commence on the date specified by the court, provided that the sanction shall not
commence until after the offender has served the jail term imposed for the misdemeanor
violation of section 2907.23, 2907.24, 2907.241, or 2907.25 of the Revised Code and any
residential sanction imposed for the violation under section 2929.26 of the Revised Code.
A sanction imposed under this division shall be considered to be a community control
sanction for purposes of section 2929.25 of the Revised Code, and all provisions of the
Revised Code that pertain to community control sanctions shall apply to a sanction
imposed under this division, except to the extent that they would by their nature be
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clearly inapplicable. The offender shall pay all costs associated with a sanction imposed
under this division, including the cost of the use of the monitoring device.
(G) If an offender is convicted of or pleads guilty to a misdemeanor violation of section 2903.13

of the Revised Code and also is convicted of or pleads guilty to a specification of the type
described in section 2941.1423 of the Revised Code that charges that the victim of the violation
was a woman whom the offender knew was pregnant at the time of the violation, the court shall
impose on the offender a mandatory jail term that is a definite term of at least thirty days.
OHIO REV. CODE ANN. § 2929.28 (2009). Financial sanctions; court costs
(A) In addition to imposing court costs pursuant to section 2947.23 of the Revised Code, the
court imposing a sentence upon an offender for a misdemeanor, including a minor misdemeanor,
may sentence the offender to any financial sanction or combination of financial sanctions
authorized under this section. If the court in its discretion imposes one or more financial
sanctions, the financial sanctions that may be imposed pursuant to this section include, but are
not limited to, the following:
(1) Unless the misdemeanor offense is a minor misdemeanor or could be disposed of by

the traffic violations bureau serving the court under Traffic Rule 13, restitution by the
offender to the victim of the offender's crime or any survivor of the victim, in an amount
based on the victim's economic loss. The court may not impose restitution as a sanction
pursuant to this division if the offense is a minor misdemeanor or could be disposed of by
the traffic violations bureau serving the court under Traffic Rule 13. If the court requires
restitution, the court shall order that the restitution be made to the victim in open court
or to the adult probation department that serves the jurisdiction or the clerk of the court
on behalf of the victim.
If the court imposes restitution, the court shall determine the amount of restitution to be
paid by the offender. If the court imposes restitution, the court may base the amount of
restitution it orders on an amount recommended by the victim, the offender, a
presentence investigation report, estimates or receipts indicating the cost of repairing or
replacing property, and other information, provided that the amount the court orders as
restitution shall not exceed the amount of the economic loss suffered by the victim as a
direct and proximate result of the commission of the offense. If the court decides to
impose restitution, the court shall hold an evidentiary hearing on restitution if the
offender, victim, or survivor disputes the amount of restitution. If the court holds an
evidentiary hearing, at the hearing the victim or survivor has the burden to prove by a
preponderance of the evidence the amount of restitution sought from the offender.
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All restitution payments shall be credited against any recovery of economic loss in a civil
action brought by the victim or any survivor of the victim against the offender.
If the court imposes restitution, the court may order that the offender pay a surcharge, of
not more than five per cent of the amount of the restitution otherwise ordered, to the
appropriate.
(2) A fine of the type described in divisions (A)(2)(a) and (b) of this section payable to the
appropriate entity as required by law:
(a) A fine in the following amount:
(i) For a misdemeanor of the first degree, not more than one thousand dollars;
(ii) For a misdemeanor of the second degree, not more than seven hundred fifty
dollars;
(iii) For a misdemeanor of the third degree, not more than five hundred dollars;
(iv) For a misdemeanor of the fourth degree, not more than two hundred fifty
dollars;
(v) For a minor misdemeanor, not more than one hundred fifty dollars.
(b) A state fine or cost as defined in section 2949.111 of the Revised Code.
* * * * *
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3. EXEMPTIONS
or other domestic animal that is the property of another. This section does not apply to a licensed
veterinarian acting in an official capacity.
(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;
windbreak, sunshade, or natural windbreak or sunshade that is developed from the earth=s
contour, tree development, or vegetation.
(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, nor
permit such stock to be so crowded as to overlie, crush, wound, or kill each other.
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the Revised Code.

Revised Code.
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specified manners.

Code;
the dogs are being treated in accordance with usual and commonly accepted practices
for the care of hunting dogs;
(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.
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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.
(E)
subsequent offense.
(3)
animals in that person's ownership or care. The court also may prohibit or place
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offense.
(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.
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OHIO REV. CODE ANN. § 959.132 (2009). Procedures for seizure and impoundment of
companion animals
(1) "Companion animal" has the same meaning as in section 959.131 of the Revised
Code.
(2) "Impounding agency" means a county humane society organized under section
1717.05 of the Revised Code, an animal shelter, or a law enforcement agency that has
impounded a companion animal in accordance with this section.
(3) "Offense" means a violation of section 959.131 of the Revised Code or an attempt, in
violation of section 2923.02 of the Revised Code, to violate section 959.131 of the
Revised Code.
(4) "Officer" means any law enforcement officer, agent of a county humane society, or
other person appointed to act as an animal control officer for a municipal corporation or
township in accordance with state law, an ordinance, or a resolution.
(B) An officer may seize and cause to be impounded at an impounding agency a companion
animal that the officer has probable cause to believe is the subject of an offense. No officer or
impounding agency shall impound a companion animal that is the subject of an offense in a
shelter owned, operated, or controlled by a board of county commissioners pursuant to Chapter
955. of the Revised Code unless the board, by resolution, authorizes the impoundment of such a
companion animal in a shelter owned, operated, or controlled by that board and has executed, in
the case when the officer is other than a dog warden or assistant dog warden, a contract
specifying the terms and conditions of the impoundment.
(C) The officer shall give written notice of the seizure and impoundment to the owner, keeper, or
harborer of the companion animal that was seized and impounded. If the officer is unable to give
the notice to the owner, keeper, or harborer of the companion animal, the officer shall post the
notice on the door of the residence or in another conspicuous place on the premises at which the
companion animal was seized. The notice shall include a statement that a hearing will be held
not later than ten days after the notice is provided or at the next available court date to
determine whether the officer had probable cause to seize the companion animal and, if
applicable, to determine the amount of a bond or cash deposit that is needed to provide for the
companion animal's care and keeping for not less than thirty days beginning on the date on
which the companion animal was impounded.
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(D) A companion animal that is seized under this section may be humanely destroyed
immediately or at any time during impoundment if a licensed veterinarian determines it to be
necessary because the companion animal is suffering.
(E)
(1) Not later than ten days after notice is provided or at the next available court date, the
court shall hold a hearing to determine whether the officer impounding a companion
animal had probable cause to seize the companion animal. If the court determines that
probable cause exists, the court shall determine the amount of a bond or cash deposit
that is needed to provide for the companion animal's care and keeping for not less than
thirty days beginning on the date on which the companion animal was impounded.
(2) If the court determines that probable cause does not exist, the court immediately shall
order the impounding agency to return the companion animal to its owner if possible. If
the companion animal cannot be returned because it has died as a result of neglect or
other misconduct by the impounding agency or if the companion animal is injured as a
result of neglect or other misconduct by the impounding agency, the court shall order the
impounding agency to pay the owner an amount determined by the court to be equal to
the reasonable market value of the companion animal at the time that it was impounded
plus statutory interest as defined in section 1343.03 of the Revised Code from the date of
the impoundment or an amount determined by the court to be equal to the reasonable
cost of treatment of the injury to the companion animal, as applicable. The requirement
established in division (E)(2) of this section regarding the payment of the reasonable
market value of the companion animal shall not apply in the case of a dog that, in
violation of section 955.01 of the Revised Code, was not registered at the time it was
seized and impounded.
(3) If the court determines that probable cause exists and determines the amount of a
bond or cash deposit, the case shall continue and the owner shall post a bond or cash
deposit to provide for the companion animal's care and keeping for not less than thirty
days beginning on the date on which the companion animal was impounded. The owner
may renew a bond or cash deposit by posting, not later than ten days following the
expiration of the period for which a previous bond or cash deposit was posted, a new
bond or cash deposit in an amount that the court, in consultation with the impounding
agency, determines is sufficient to provide for the companion animal's care and keeping
for not less than thirty days beginning on the date on which the previous period expired.
If no bond or cash deposit is posted or if a bond or cash deposit expires and is not
renewed, the impounding agency may determine the disposition of the companion animal
unless the court issues an order that specifies otherwise.
(F) If a person is convicted of committing an offense, the court may impose the following
additional penalties against the person:
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(1) A requirement that the person pay for the costs incurred by the impounding agency in
caring for a companion animal involved in the applicable offense, provided that the costs
were incurred during the companion animal's impoundment. A bond or cash deposit
posted under this section may be applied to the costs.
(2) An order permanently terminating the person's right to possession, title, custody, or
care of the companion animal that was involved in the offense. If the court issues such an
order, the court shall order the disposition of the companion animal.
(G) If a person is found not guilty of committing an offense, the court immediately shall order the
impounding agency to return the companion animal to its owner if possible and to return the
entire amount of any bond or cash deposit posted under division (E) of this section. If the
companion animal cannot be returned because it has died as a result of neglect or other
misconduct by the impounding agency or if the companion animal is injured as a result of
neglect or other misconduct by the impounding agency, the court shall order the impounding
agency to pay the owner an amount determined by the court to be equal to the reasonable
market value of the companion animal at the time that it was impounded plus statutory interest
as defined in section 1343.03 of the Revised Code from the date of the impoundment or an
amount determined by the court to be equal to the reasonable cost of treatment of the injury to
the companion animal, as applicable. The requirements established in this division regarding the
return of a bond or cash deposit and the payment of the reasonable market value of the
companion animal shall not apply in the case of a dog that, in violation of section 955.01 of the
Revised Code, was not registered at the time it was seized and impounded.
(H) If charges are filed under section 959.131 of the Revised Code against the custodian or
caretaker of a companion animal, but the companion animal that is the subject of the charges is
not impounded, the court in which the charges are pending may order the owner or person
having custody of the companion animal to provide to the companion animal the necessities
described in division (C)(2) of section 959.131 of the Revised Code until the final disposition of
the charges. If the court issues an order of that nature, the court also may authorize an officer or
another person to visit the place where the companion animal is being kept, at the times and
under the conditions that the court may set, to determine whether the companion animal is
receiving those necessities and to remove and impound the companion animal if the companion
animal is not receiving those necessities.
misdemeanor.
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(E)
subsequent offense.
(3)
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
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offense.
OHIO REV. CODE ANN. § 1717.11 (2009). Liability to Owner in Damages.
A person guilty of cruelty to an animal which is the property of another shall be liable to the
owner of the animal in damages, in addition to the penalties prescribed by law.
OHIO REV. CODE ANN. § 1717.13 (2009). Any person may protect animal.
When, in order to protect any animal from neglect, it is necessary to take possession of it, any
person may do so. When an animal is impounded or confined, and continues without necessary
food, water, or proper attention for more than fifteen successive hours, any person may, as often
as is necessary, enter any place in which the animal is impounded or confined and supply it with
necessary food, water, and attention, so long as it remains there, or, if necessary or convenient,
he may remove such animal; and he shall not be liable to an action for such entry. In all cases the
owner or custodian of such animal, if known to such person, immediately shall be notified by
him of such action. If the owner or custodian is unknown to such person, and cannot with
reasonable effort be ascertained by him, such animal shall be considered an estray and dealt with
as such.
The necessary expenses for food and attention given to an animal under this section may be
collected from the owner of such animal, and the animal shall not be exempt from levy and sale
upon execution issued upon a judgment for such expenses.
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companion animals
Code.
Revised Code.
not later than ten days after the notice is provided or at the next available court date to
determine whether the officer had probable cause to seize the companion animal and, if
applicable, to determine the amount of a bond or cash deposit that is needed to provide for the
companion animal's care and keeping for not less than thirty days beginning on the date on
which the companion animal was impounded.
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(E)
probable cause exists, the court shall determine the amount of a bond or cash deposit that
is needed to provide for the companion animal's care and keeping for not less than thirty
days beginning on the date on which the companion animal was impounded.
the impoundment or an amount determined by the court to be equal to the reasonable cost
of treatment of the injury to the companion animal, as applicable. The requirement
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(G) If a person is found not guilty of committing an offense, the court immediately shall order
the impounding agency to return the companion animal to its owner if possible and to return the
agency to pay the owner an amount determined by the court to be equal to the reasonable market
value of the companion animal at the time that it was impounded plus statutory interest as
defined in section 1343.03 of the Revised Code from the date of the impoundment or an amount
determined by the court to be equal to the reasonable cost of treatment of the injury to the
companion animal, as applicable. The requirements established in this division regarding the
OHIO REV. CODE ANN. § 1717.09 (2009). Member may require police to act.
A member of the Ohio humane society or of a county humane society may require the sheriff of
any county, the constable of any township, the marshal or a policeman of any municipal
corporation, or any agent of such a society, to arrest any person found violating the laws in
relation to cruelty to persons or animals, and to take possession of any animal cruelly treated in
their respective counties or municipal corporations, and deliver such animal to the proper
officers of the society.
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he may remove such animal; and he shall not be liable to an action for such entry. In all cases
the owner or custodian of such animal, if known to such person, immediately shall be notified by
reasonable effort be ascertained by him, such animal shall be considered an estray and dealt
with as such.
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companion animals
Code.
Revised Code.
not later than ten days after the notice is provided or at the next available court date to determine
whether the officer had probable cause to seize the companion animal and, if applicable, to
determine the amount of a bond or cash deposit that is needed to provide for the companion
animal's care and keeping for not less than thirty days beginning on the date on which the
companion animal was impounded.
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(E)
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misdemeanor.
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(E)
subsequent offense.
(3)
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offense.
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OHIO REV. CODE ANN. § 1717.04 (2009). Agents of Ohio Humane Society.
The Ohio humane society may appoint agents, in any county where no active county humane
society exists under section 1717.05 of the Revised Code, to represent it and to receive and
account for all funds coming to it from fines or otherwise, and may also appoint agents at large
to prosecute its work throughout the state. Such agents may arrest any person found violating
any law for the protection of persons or animals, or the prevention of cruelty thereto. Upon
making such arrest the agent forthwith shall convey the person arrested before some court or
magistrate having jurisdiction of the offense, and there make complaint against him.
Such agents shall not make such arrests within a municipal corporation unless their appointment
has been approved by the mayor of the municipal corporation, or within a county beyond the
limits of a municipal corporation unless their appointment has been approved by the probate
judge of the county. Such mayor or probate judge shall keep a record of such appointments.
OHIO REV. CODE ANN. § 1717.06 (2009). Agents of county humane society
A county humane society organized under section 1717.05 of the Revised Code may appoint
agents, who are residents of the county or municipal corporation for which the appointment is
made, for the purpose of prosecuting any person guilty of an act of cruelty to persons or
animals. Such agents may arrest any person found violating this chapter or any other law for
protecting persons or animals or preventing acts of cruelty thereto. Upon making an arrest the
agent forthwith shall convey the person arrested before some court or magistrate having
jurisdiction of the offense, and there make complaint against the person on oath or affirmation
of the offense.
All appointments of agents under this section shall be approved by the mayor of the municipal
corporation for which they are made. If the society exists outside a municipal corporation, such
appointments shall be approved by the probate judge of the county for which they are made. The
mayor or probate judge shall keep a record of such appointments.
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In order to qualify for appointment as a humane agent under this section, a person first shall
successfully complete a minimum of twenty hours of training on issues relating to the
investigation and prosecution of cruelty to and neglect of animals. The training shall comply
with rules recommended by the peace officer training commission under section 109.73 of the
Revised Code and shall include, without limitation, instruction regarding animal husbandry
practices as described in division (A)(12) of that section. A person who has been appointed as a
humane agent under this section prior to the effective date of this amendment may continue to
act as a humane agent for a period of time on and after the effective date of this amendment
without completing the training. However, on or before December 31, 2004, a person who has
been appointed as a humane agent under this section prior to the effective date of this
amendment shall successfully complete the training described in this paragraph and submit proof
of its successful completion to the appropriate appointing mayor or probate judge in order to
continue to act as a humane agent after December 31, 2004.
An agent of a county humane society only has the specific authority granted to the agent under
this section and section 1717.08 of the Revised Code.
OHIO REV. CODE ANN. § 1717.14 (2009). Protection of children.
When an officer or agent of the Ohio humane society or of a county humane society deems it for
the best interest of a child, because of cruelty inflicted upon the child or because of the child's
surroundings, that the child be removed from the possession and control of the parents or
persons having charge of the child, the officer or agent shall comply with section 2151.421 of the
Revised Code.
As used in this section "child" means any person under eighteen years of age.
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made, for the purpose of prosecuting any person guilty of an act of cruelty to persons or
animals. Such agents may arrest any person found violating this chapter or any other law for
protecting persons or animals or preventing acts of cruelty thereto. Upon making an arrest the
agent forthwith shall convey the person arrested before some court or magistrate having
jurisdiction of the offense, and there make complaint against the person on oath or affirmation
of the offense.
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amendment shall successfully complete the training described in this paragraph and submit
proof of its successful completion to the appropriate appointing mayor or probate judge in order
to continue to act as a humane agent after December 31, 2004.
OHIO REV. CODE ANN. § 1717.08 (2009). Police powers of officers, agents, and members
An officer, agent, or member of the Ohio humane society or of a county humane society may
interfere to prevent the perpetration of any act of cruelty to animals in his presence, may use
such force as is necessary to prevent it, and to that end may summon to his aid any bystanders.
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12. SEXUAL ASSAULT
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13. FIGHTING
OHIO REV. CODE ANN. § 959.15 (2009). 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 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 (2009). 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 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.
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fighting dogs
(1) "Fighting dog" means a dog that a peace officer has probable cause to believe has
been, is, or is intended to be used in dogfighting in violation of section 959.16 of the
Revised Code.
(2) "Impounding entity" means the entity that has possession of an impounded fighting
dog during its impoundment.
(3) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code.
(4) "Violation" means a violation of section 959.16 of the Revised Code or an attempt, in
violation of section 2923.02 of the Revised Code, to violate section 959.16 of the Revised
Code.
(B) A peace officer may seize and cause to be impounded with an impounding entity a fighting
dog that the peace officer has probable cause to believe is involved in a violation.
(C) A fighting dog that is seized under this section may be humanely destroyed under either of
(1) During its seizure if it is necessary because the fighting dog is suffering;
(2) At any time during its impoundment if a licensed veterinarian determines it to be

necessary because the fighting dog is suffering.
(D) Procedures, requirements, and other provisions that are established in divisions (C), (E),
(F), and (G) of section 959.132 of the Revised Code shall apply to the seizure, impoundment, and
disposition of a fighting dog. For purposes of that application, references in those divisions of
section 959.132 of the Revised Code to "companion animal," "impounding agency," "officer,"
and "offense" shall be deemed to be replaced, respectively, with references to "fighting dog,"
"impounding entity," "peace officer," and "violation" as defined in this section. Likewise,
references in those divisions of section 959.132 of the Revised Code to "section 959.131 of the
Revised Code" shall be deemed to be replaced with references to section 959.16 of the Revised
Code, as applicable.
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OHIO REV. CODE ANN. § 959.01 (2009). Abandoning animals
No owner or keeper of a dog, cat, or other domestic animal, shall abandon such animal.
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 (2009). 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.
(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;
windbreak, sunshade, or natural windbreak or sunshade that is developed from the earth=s
contour, tree development, or vegetation.
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(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, nor
permit such stock to be so crowded as to overlie, crush, wound, or kill each other.
the Revised Code.

Revised Code.
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specified manners.

Code;
the dogs are being treated in accordance with usual and commonly accepted practices for
the care of hunting dogs;
(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.
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companion animals
Code.
Revised Code.
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not later than ten days after the notice is provided or at the next available court date to determine
whether the officer had probable cause to seize the companion animal and, if applicable, to
determine the amount of a bond or cash deposit that is needed to provide for the companion
animal's care and keeping for not less than thirty days beginning on the date on which the
companion animal was impounded.
(E)
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OHIO REV. CODE ANN. § 959.15 (2009). 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 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 (2009). 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.
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(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 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.
fighting dogs
(1) "Fighting dog" means a dog that a peace officer has probable cause to believe has
been, is, or is intended to be used in dogfighting in violation of section 959.16 of the
Revised Code.
(2) "Impounding entity" means the entity that has possession of an impounded fighting
dog during its impoundment.
(3) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code.
(4) "Violation" means a violation of section 959.16 of the Revised Code or an attempt, in
violation of section 2923.02 of the Revised Code, to violate section 959.16 of the Revised
Code.
(B) A peace officer may seize and cause to be impounded with an impounding entity a fighting
dog that the peace officer has probable cause to believe is involved in a violation.
(C) A fighting dog that is seized under this section may be humanely destroyed under either of
(1) During its seizure if it is necessary because the fighting dog is suffering;
(2) At any time during its impoundment if a licensed veterinarian determines it to be

necessary because the fighting dog is suffering.
(D) Procedures, requirements, and other provisions that are established in divisions (C), (E), (F),
and (G) of section 959.132 of the Revised Code shall apply to the seizure, impoundment, and
disposition of a fighting dog. For purposes of that application, references in those divisions of
section 959.132 of the Revised Code to "companion animal," "impounding agency," "officer,"
and "offense" shall be deemed to be replaced, respectively, with references to "fighting dog,"
"impounding entity," "peace officer," and "violation" as defined in this section. Likewise,
references in those divisions of section 959.132 of the Revised Code to "section 959.131 of the
Revised Code" shall be deemed to be replaced with references to section 959.16 of the Revised
Code, as applicable.
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misdemeanor.
(E)
subsequent offense.
(3)
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offense.
OHIO REV. CODE ANN. § 1717.01 (2009). Definitions.
As used in sections 1717.01 to 1717.14, inclusive, of the Revised Code, and in every law relating
to animals:
(A) AAnimal@ includes every living dumb creature;
(B) ACruelty,@ Atorment,@ and Atorture@ include every act, omission, or neglect by which
unnecessary or unjustifiable pain or suffering is caused, permitted, or allowed to continue, when
there is a reasonable remedy or relief;
(C) AOwner@ and Aperson@ include corporations. For the purpose of this section the knowledge
and acts of the agents and employees of a corporation, in regard to animals transported, owned,
or employed by, or in the custody of, such agents and employees, are the knowledge and acts of
the corporation.
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made, for the purpose of prosecuting any person guilty of an act of cruelty to persons or animals.
Such agents may arrest any person found violating this chapter or any other law for protecting
persons or animals or preventing acts of cruelty thereto. Upon making an arrest the agent
forthwith shall convey the person arrested before some court or magistrate having jurisdiction of
the offense, and there make complaint against the person on oath or affirmation of the offense.
amendment shall successfully complete the training described in this paragraph and submit proof
of its successful completion to the appropriate appointing mayor or probate judge in order to
continue to act as a humane agent after December 31, 2004.
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OHIO REV. CODE ANN. § 1717.08 (2009). Police powers of officers, agents, and members
An officer, agent, or member of the Ohio humane society or of a county humane society may
interfere to prevent the perpetration of any act of cruelty to animals in his presence, may use
such force as is necessary to prevent it, and to that end may summon to his aid any bystanders.
OHIO REV. CODE ANN. § 1717.11 (2009). Liability to Owner in Damages.
A person guilty of cruelty to an animal which is the property of another shall be liable to the
owner of the animal in damages, in addition to the penalties prescribed by law.
he may remove such animal; and he shall not be liable to an action for such entry. In all cases the
owner or custodian of such animal, if known to such person, immediately shall be notified by
reasonable effort be ascertained by him, such animal shall be considered an estray and dealt with
as such.
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OHIO REV. CODE ANN. § 1717.14 (2009). Protection of children.
When an officer or agent of the Ohio humane society or of a county humane society deems it for
the best interest of a child, because of cruelty inflicted upon the child or because of the child's
surroundings, that the child be removed from the possession and control of the parents or persons
having charge of the child, the officer or agent shall comply with section 2151.421 of the
Revised Code.
As used in this section "child" means any person under eighteen years of age.
OHIO REV. CODE ANN. § 2929.14 (2009). Basic prison terms
(A) Except as provided in division (C), (D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), or (G) of
this section and except in relation to an offense for which a sentence of death or life
imprisonment is to be imposed, if the court imposing a sentence upon an offender for a felony
elects or is required to impose a prison term on the offender pursuant to this chapter, the court
shall impose a definite prison term that shall be one of the following:
(1) For a felony of the first degree, the prison term shall be three, four, five, six, seven, eight,
nine, or ten years.
(2) For a felony of the second degree, the prison term shall be two, three, four, five, six, seven, or
eight years.
(3) For a felony of the third degree, the prison term shall be one, two, three, four, or five years.
(4) For a felony of the fourth degree, the prison term shall be six, seven, eight, nine, ten, eleven,
twelve, thirteen, fourteen, fifteen, sixteen, seventeen, or eighteen months.
(5) For a felony of the fifth degree, the prison term shall be six, seven, eight, nine, ten, eleven, or
twelve months.
* * * * *
OHIO REV. CODE ANN. § 2929.18 (2009). Financial sanctions; restitution
(A) Except as otherwise provided in this division and in addition to imposing court costs
pursuant to section 2947.23 of the Revised Code, the court imposing a sentence upon an offender
for a felony may sentence the offender to any financial sanction or combination of financial
sanctions authorized under this section or, in the circumstances specified in section 2929.32 of
the Revised Code, may impose upon the offender a fine in accordance with that section.
Financial sanctions that may be imposed pursuant to this section include, but are not limited to,
the following:
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(1) Restitution by the offender to the victim of the offender's crime or any survivor of the
victim, in an amount based on the victim's economic loss. If the court imposes restitution,
the court shall order that the restitution be made to the victim in open court, to the adult
probation department that serves the county on behalf of the victim, to the clerk of courts,
or to another agency designated by the court. If the court imposes restitution, at
sentencing, the court shall determine the amount of restitution to be made by the
offender. If the court imposes restitution, the court may base the amount of restitution it
orders on an amount recommended by the victim, the offender, a presentence
restitution, the court shall hold a hearing on restitution if the offender, victim, or survivor
disputes the amount. All restitution payments shall be credited against any recovery of
economic loss in a civil action brought by the victim or any survivor of the victim against
the offender.
If the court imposes restitution, the court may order that the offender pay a surcharge of
not more than five per cent of the amount of the restitution otherwise ordered to the entity
responsible for collecting and processing restitution payments.
appropriate.
offender to the state, to a political subdivision, or as described in division (B)(2) of this
section to one or more law enforcement agencies, with the amount of the fine based on a
standard percentage of the offender's daily income over a period of time determined by
the court and based upon the seriousness of the offense. A fine ordered under this
division shall not exceed the maximum conventional fine amount authorized for the level
of the offense under division (A)(3) of this section.
offender to the state, to a political subdivision when appropriate for a felony, or as
described in division (B)(2) of this section to one or more law enforcement agencies, in
the following amount:
(a) For a felony of the first degree, not more than twenty thousand dollars;
(b) For a felony of the second degree, not more than fifteen thousand dollars;
(c) For a felony of the third degree, not more than ten thousand dollars;
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(d) For a felony of the fourth degree, not more than five thousand dollars;
(e) For a felony of the fifth degree, not more than two thousand five hundred
dollars.
(4) A state fine or costs as defined in section 2949.111 of the Revised Code.
(5)
(a) Reimbursement by the offender of any or all of the costs of sanctions incurred
by the government, including the following:
(i) All or part of the costs of implementing any community control

sanction, including a supervision fee under section 2951.021 of the
Revised Code;
(ii) All or part of the costs of confinement under a sanction imposed

pursuant to section 2929.14, 2929.142, or 2929.16 of the Revised Code,
provided that the amount of reimbursement ordered under this division
shall not exceed the total amount of reimbursement the offender is able to
pay as determined at a hearing and shall not exceed the actual cost of the
confinement;
(iii) All or part of the cost of purchasing and using an immobilizing or

disabling device, including a certified ignition interlock device, or a
remote alcohol monitoring device that a court orders an offender to use
(b) If the offender is sentenced to a sanction of confinement pursuant to section

2929.14 or 2929.16 of the Revised Code that is to be served in a facility operated
by a board of county commissioners, a legislative authority of a municipal
corporation, or another local governmental entity, if, pursuant to section 307.93,
341.14, 341.19, 341.23, 753.02, 753.04, 753.16, 2301.56, or 2947.19 of the
Revised Code and section 2929.37 of the Revised Code, the board, legislative
authority, or other local governmental entity requires prisoners to reimburse the
county, municipal corporation, or other entity for its expenses incurred by reason
of the prisoner's confinement, and if the court does not impose a financial
sanction under division (A)(5)(a)(ii) of this section, confinement costs may be
assessed pursuant to section 2929.37 of the Revised Code. In addition, the
offender may be required to pay the fees specified in section 2929.38 of the
Revised Code in accordance with that section.
(c) Reimbursement by the offender for costs pursuant to section 2929.71 of the
Revised Code.
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(B)
(1) For a first, second, or third degree felony violation of any provision of Chapter 2925.,
3719., or 4729. of the Revised Code, the sentencing court shall impose upon the offender
a mandatory fine of at least one-half of, but not more than, the maximum statutory fine
amount authorized for the level of the offense pursuant to division (A)(3) of this section.
If an offender alleges in an affidavit filed with the court prior to sentencing that the
offender is indigent and unable to pay the mandatory fine and if the court determines the
offender is an indigent person and is unable to pay the mandatory fine described in this
division, the court shall not impose the mandatory fine upon the offender.
(2) Any mandatory fine imposed upon an offender under division (B)(1) of this section
and any fine imposed upon an offender under division (A)(2) or (3) of this section for any
fourth or fifth degree felony violation of any provision of Chapter 2925., 3719., or 4729.
of the Revised Code shall be paid to law enforcement agencies pursuant to division (F) of
section 2925.03 of the Revised Code.
(3) For a fourth degree felony OVI offense and for a third degree felony OVI offense, the
sentencing court shall impose upon the offender a mandatory fine in the amount specified
in division (G)(1)(d) or (e) of section 4511.19 of the Revised Code, whichever is
applicable. The mandatory fine so imposed shall be disbursed as provided in the division
pursuant to which it is imposed.
* * * * *
OHIO REV. CODE ANN. § 2929.24 (2009). Definite jail terms for misdemeanor; eligibility for
county jail industry program; reimbursement sanction; costs of confinement
(A) Except as provided in division (C), (D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), (D)(7),
(D)(8), (G), (I), (J), or (L) of this section or in division (D)(6) of section 2919.25 of the Revised
Code and except in relation to an offense for which a sentence of death or life imprisonment is to
be imposed, if the court imposing a sentence upon an offender for a felony elects or is required to
impose a prison term on the offender pursuant to this chapter, the court shall impose a definite
prison term that shall be one of the following:
(1) For a felony of the first degree, the prison term shall be three, four, five, six, seven,
eight, nine, or ten years.
(2) For a felony of the second degree, the prison term shall be two, three, four, five, six,
seven, or eight years.
(3) For a felony of the third degree, the prison term shall be one, two, three, four, or five
years.
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(4) For a felony of the fourth degree, the prison term shall be six, seven, eight, nine, ten,
eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, or eighteen months.
(5) For a felony of the fifth degree, the prison term shall be six, seven, eight, nine, ten,
eleven, or twelve months.
(B) A court that sentences an offender to a jail term under this section may permit the offender to
serve the sentence in intermittent confinement or may authorize a limited release of the offender
as provided in division (B) of section 2929.26 of the Revised Code.
(C) If a court sentences an offender to a jail term under this section and the court assigns the
offender to a county jail that has established a county jail industry program pursuant to section
5147.30 of the Revised Code, the court shall specify, as part of the sentence, whether the
offender may be considered for participation in the program. During the offender's term in the
county jail, the court retains jurisdiction to modify its specification regarding the offender's
participation in the county jail industry program.
(D) If a person is sentenced to a jail term pursuant to this section, the court may impose as part
of the sentence pursuant to section 2929.28 of the Revised Code a reimbursement sanction, and,
if the local detention facility in which the term is to be served is covered by a policy adopted
pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23, 753.02, 753.04, 753.16, 2301.56, or
2947.19 of the Revised Code and section 2929.37 of the Revised Code, both of the following
apply:
(1) The court shall specify both of the following as part of the sentence:
(a) If the person is presented with an itemized bill pursuant to section 2929.37 of
the Revised Code for payment of the costs of confinement, the person is required
to pay the bill in accordance with that section.
(b) If the person does not dispute the bill described in division (D)(1)(a) of this
section and does not pay the bill by the times specified in section 2929.37 of the
Revised Code, the clerk of the court may issue a certificate of judgment against
the person as described in that section.
(2) The sentence automatically includes any certificate of judgment issued as described in
division (D)(1)(b) of this section.
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(E) If an offender who is convicted of or pleads guilty to a violation of division (B) of section
4511.19 of the Revised Code also is convicted of or also pleads guilty to a specification of the
type described in section 2941.1416 of the Revised Code and if the court imposes a jail term on
the offender for the underlying offense, the court shall impose upon the offender an additional
definite jail term of not more than six months. The additional jail term shall not be reduced
pursuant to any provision of the Revised Code. The offender shall serve the additional jail term
consecutively to and prior to the jail term imposed for the underlying offense and consecutively
to any other mandatory term imposed in relation to the offense.
(F)
(1) If an offender is convicted of or pleads guilty to a misdemeanor violation of section
2907.23, 2907.24, 2907.241, or 2907.25 of the Revised Code and to a specification of the
type described in section 2941.1421 of the Revised Code and if the court imposes a jail
term on the offender for the misdemeanor violation, the court may impose upon the
offender an additional definite jail term as follows:
(a) Subject to division (F)(1)(b) of this section, an additional definite jail term of
not more than sixty days;
(b) If the offender previously has been convicted of or pleaded guilty to one or
more misdemeanor or felony violations of section 2907.22, 2907.23, 2907.24,
2907.241, or 2907.25 of the Revised Code and also was convicted of or pleaded
guilty to a specification of the type described in section 2941.1421 of the Revised
Code regarding one or more of those violations, an additional definite jail term of
not more than one hundred twenty days.
(2) In lieu of imposing an additional definite jail term under division (F)(1) of this
section, the court may directly impose on the offender a sanction that requires the
offender to wear a real-time processing, continual tracking electronic monitoring device
during the period of time specified by the court. The period of time specified by the court
shall equal the duration of an additional jail term that the court could have imposed upon
the offender under division (F)(1) of this section. A sanction imposed under this division
shall commence on the date specified by the court, provided that the sanction shall not
commence until after the offender has served the jail term imposed for the misdemeanor
violation of section 2907.23, 2907.24, 2907.241, or 2907.25 of the Revised Code and any
residential sanction imposed for the violation under section 2929.26 of the Revised Code.
A sanction imposed under this division shall be considered to be a community control
sanction for purposes of section 2929.25 of the Revised Code, and all provisions of the
Revised Code that pertain to community control sanctions shall apply to a sanction
imposed under this division, except to the extent that they would by their nature be
clearly inapplicable. The offender shall pay all costs associated with a sanction imposed
under this division, including the cost of the use of the monitoring device.
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(G) If an offender is convicted of or pleads guilty to a misdemeanor violation of section 2903.13
of the Revised Code and also is convicted of or pleads guilty to a specification of the type
described in section 2941.1423 of the Revised Code that charges that the victim of the violation
was a woman whom the offender knew was pregnant at the time of the violation, the court shall
impose on the offender a mandatory jail term that is a definite term of at least thirty days.
OHIO REV. CODE ANN. § 2929.28 (2009). Financial sanctions; court costs
(A) In addition to imposing court costs pursuant to section 2947.23 of the Revised Code, the
court imposing a sentence upon an offender for a misdemeanor, including a minor misdemeanor,
may sentence the offender to any financial sanction or combination of financial sanctions
authorized under this section. If the court in its discretion imposes one or more financial
sanctions, the financial sanctions that may be imposed pursuant to this section include, but are
not limited to, the following:
(1) Unless the misdemeanor offense is a minor misdemeanor or could be disposed of by

the traffic violations bureau serving the court under Traffic Rule 13, restitution by the
offender to the victim of the offender's crime or any survivor of the victim, in an amount
based on the victim's economic loss. The court may not impose restitution as a sanction
pursuant to this division if the offense is a minor misdemeanor or could be disposed of by
the traffic violations bureau serving the court under Traffic Rule 13. If the court requires
restitution, the court shall order that the restitution be made to the victim in open court or
to the adult probation department that serves the jurisdiction or the clerk of the court on
behalf of the victim.
If the court imposes restitution, the court shall determine the amount of restitution to be
paid by the offender. If the court imposes restitution, the court may base the amount of
restitution it orders on an amount recommended by the victim, the offender, a presentence
restitution, the court shall hold an evidentiary hearing on restitution if the offender,
victim, or survivor disputes the amount of restitution. If the court holds an evidentiary
hearing, at the hearing the victim or survivor has the burden to prove by a preponderance
of the evidence the amount of restitution sought from the offender.
All restitution payments shall be credited against any recovery of economic loss in a civil
action brought by the victim or any survivor of the victim against the offender.
If the court imposes restitution, the court may order that the offender pay a surcharge, of
not more than five per cent of the amount of the restitution otherwise ordered, to the
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appropriate.
(2) A fine of the type described in divisions (A)(2)(a) and (b) of this section payable to the
appropriate entity as required by law:
(a) A fine in the following amount:
(i) For a misdemeanor of the first degree, not more than one thousand dollars;
(ii) For a misdemeanor of the second degree, not more than seven hundred fifty
dollars;
(iii) For a misdemeanor of the third degree, not more than five hundred dollars;
(iv) For a misdemeanor of the fourth degree, not more than two hundred fifty
dollars;
(v) For a minor misdemeanor, not more than one hundred fifty dollars.
(b) A state fine or cost as defined in section 2949.111 of the Revised Code.
* * * * *
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ANIMAL PROTECTION LAWS OF OKLAHOMA
ANIMAL PROTECTION LAWS OF OKLAHOMA
2. PENALTIES
3. EXEMPTIONS
12. SEXUAL ASSAULT
13. FIGHTING
This chapter contains Oklahoma’s general animal protection and related statutes enacted prior to November 2009. It
Oklahoma may employ similar provisions within other non-animal-specific criminal and civil statutes; may have other

USA Map
OKLAHOMA

Poisoning animals
OKLA. STAT. tit. 21, § 1681
(2)
Cruelty to animals
(3)
Abandoning injured animals
(4)
Abandoning domestic animals
Animals Covered in Definition A[A]ny mammal, bird, fish, reptile or

invertebrate including wild and domesticated
species, other than a human being@
OKLA. STAT. tit. 21, § 1680.1

Felony
(3), (4)
Misdemeanor
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OKLAHOMA continued

3 year prison
or
1 year county jail
and/or
$250 fine
(2)
5 years prison
or
1 year county jail
or
$5,000 fine
(3), (4)
1 year county jail
and/or
$500 fine
3. EXEMPTIONS *** -----
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OKLAHOMA continued
6. RESTITUTION / REIMBURSEMENT If following a post-seizure hearing, the court

H
finds the owner has abandoned or neglected
the animal, the court shall order the owner to
pay all court costs, reasonable costs of care
for the animal, and costs incurred for
humanely destroying the animal if ordered by
the court
Following a hearing to determine if probable

cause exists that a seized animal was abused,
the court may order defendant to post a bond
to cover the costs of care for the animal
OKLA. STAT. tit. 21, § 1680.4
Costs of care is lien upon the seized animal

OKLA. STAT. tit. 21, § 1686(C)
7. SEIZURE / ON-SITE SUPERVISION If a law enforcement officer has reason to

believe that an animal has been abandoned or
neglected the officer may apply for a warrant
to seize the animal.
OKLA STAT, tit. 4, § 512
Peace officers or animal control officers may

obtain a court order to seize mistreated
animals, or may provide on-site supervision
for non-impounded animals
OKLA. STAT. tit. 21, § 1680.4
When a person is arrested, peace officers,

animal control officers, and humane officers
may take custody of any animals inside or
pulling the arrested person=s vehicle, or that
were in the immediate charge of the arrested
person
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OKLAHOMA continued
8. FORFEITURE / POSSESSION H If following a post-seizure hearing, the court

finds an animal was neglected or abandoned,
the owner shall be divested of ownership
If a defendant fails to post or renew a court-
ordered bond for the costs-of-care of an
impounded animal, the animal is forfeited
OKLA. STAT. tit. 21, § 1680.4
10. VETERINARIAN REPORTING / IMMUNITY Veterinarians shall report suspected animal

abuse and are immune from civil liability for
good faith reporting
OKLA. STAT. tit. 21, § 1680.3
12. SEXUAL ASSAULT The “crime against nature” with a beast is

punishable by imprisonment in the
penitentiary for up to ten years
13. FIGHTING Various provisions prohibit activities

involving animal fighting, cockfighting,
dogfighting, bear wrestling and horse
tripping, with misdemeanor and felony
penalties
OKLA. STAT. tit. 21, §§ 1682, 1683, 1692-
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OKLA. STAT. tit. 4 § 511 (2009). Definitions.
As used in this act:
1. "Abandon" includes leaving an animal without making reasonable arrangements for

assumption of custody by another person; and
2. "Neglect" means unreasonable deprivation of necessary food, care, or shelter.
OKLA. STAT. tit. 21, § 1680.1 (2009). Definitions.
1. "Animal" means any mammal, bird, fish, reptile or invertebrate, including wild and
domesticated species, other than a human being;
2. "Animal facility" means any vehicle, building, structure, farm, ranch or other premises where
an animal is kept, handled, transported, housed, exhibited, bred, offered for sale or used in any
lawful scientific test, experiment, investigation or educational training;
3. "Person" means any individual, state agency, corporation, association, nonprofit corporation,
joint stock company, firm, trust, partnership, two or more persons having a common interest, or
other legal entity;
4. "Owner" means a person who has title to the property, possession of the property, or a greater
right to the possession of the animal or property than another person;
5. "Possession" means actual care, custody, control or management; and
6. "Effective consent" means consent by the owner or a person legally authorized to act for the
owner. Consent is not effective if induced or given by force or fear; by a person the offender
knows is not legally authorized to act for the owner; or by a person who by reason of youth,
mental disease or defect, or influence of drug or alcohol is known by the offender to be unable to
make reasonable decisions.
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OKLA. STAT. tit. 21, § 1681 (2009). 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 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. tit. 21, § 1685 (2009). 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. tit. 21, § 1686 (2009). Abandoned animals--Euthanasia--Custody of animal

following arrest
A. Any person owning or having charge or custody of a maimed, diseased, disabled, or infirm
animal who abandons the animal or who allows the animal to lie in a public street, road, or
public place one (1) hour after the person receives notice by a duly constituted authority that the
animal is disabled or dead, upon conviction, shall be guilty of a misdemeanor.
B. Any peace officer or animal control officer may humanely destroy or cause to be humanely
destroyed any animal found abandoned and for which no proper care has been given.
C. When any person who is arrested is, at the time of the arrest, in charge of any animal or of any
vehicle drawn by or containing any animal, any peace officer, or animal control officer may take
custody of the animal or of the vehicle and its contents, or deliver the animal or the vehicle and
its contents into the possession of the police or sheriff of the county or place where the arrest was
made, who shall assume the custody thereof. All necessary expenses incurred in taking custody
of the animal or of the vehicle and its contents shall be a lien on such property.
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D. For the purpose of the provisions of this section and Section 1691 of this title, the term
"abandon" means the voluntary relinquishment of an animal and shall include but shall not be
limited to vacating a premises and leaving the animal in or at the premises, or failing to feed the
animal or allowing it to stray or wander onto private or public property with the intention of
surrendering ownership or custody over the animal.
OKLA. STAT. tit. 21, § 1691 (2009). 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.
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2. PENALTIES
OKLA. STAT. tit. 21, § 10 (2009). Punishment of misdemeanor
Except in cases where a different punishment is prescribed by this chapter or by some existing
provisions of law, every offense declared to be a misdemeanor is punishable by imprisonment in
the county jail not exceeding one (1) year or by a fine not exceeding Five Hundred Dollars
($500.00), or both such fine and imprisonment.
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.
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. tit. 21, § 1692 (2009). 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.
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3. EXEMPTIONS
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OKLA. STAT. tit. 4, § 512 (2009). Seizure of abandoned or neglected animals--Divestment of

ownership.
A. If a law enforcement officer has reason to believe that an animal has been abandoned or
neglected in violation of Sections 1685 or 1692 through 1700 of Title 21 of the Oklahoma
Statutes, the officer may apply in a court of competent jurisdiction for a warrant to seize the
animal. Upon a showing of probable cause, the court shall issue a warrant and set a hearing
within ten (10) calendar days of the date of issuance to determine if a violation of such statutes
has occurred. Upon execution of the warrant, the animal shall be impounded and the owner of
the animal shall receive written notice of the time and place of a hearing to determine whether
the owner's right to ownership of the animal shall be terminated.
B. If the court finds that the owner of the animal has not abandoned or neglected the animal, the
court shall order the animal returned to the owner.
C. If the court finds that the owner of the animal has abandoned or neglected the animal, the
owner shall be divested of ownership of the animal, and the court shall order:
1. The ownership of the animal be transferred to a nonprofit animal shelter, pound or

society for the protection of animals so that the animal may be sold or adopted; or
2. The animal be humanely destroyed if the court determines that the best interests of the
animal or that the public health and safety would be served by doing so.
D. If the court finds that the owner of the animal has abandoned or neglected the animal, the
court shall order the owner to pay all court costs, any reasonable costs incurred for housing and
caring for the animal during impoundment, and any reasonable costs incurred for humanely
destroying the animal if ordered by the court.
OKLA. STAT. tit. 21, § 1680.4 (2009). Protective custody of abused or neglected animals--
Bond hearing
A. The purpose of this section is to provide a means by which any abused or neglected animal, as
described in Section 1685 of Title 21 of the Oklahoma Statutes, may:
1. Be removed from its present custody; or
2. Be made the subject of an order issued to the owner by the appropriate court to provide
care to the animal by the owner of the animal or by another person at a location approved
by the court, with the order setting forth the conditions under which the animal will be
housed and cared for, and given protection and a humane disposition.
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B. Any peace officer or animal control officer may:
1. Specify terms and conditions by which the owner or keeper may maintain custody of
the animal at the expense of the owner to provide care for the animal. The specifications
shall be counter-signed by the owner or keeper of the animal. Provided, however, that
violation of the custody agreement of the animal may result in the impoundment of the
animal; or
2. Obtain a court order to take custody of any animal found neglected or cruelly treated
by removing the animal from its present location.
C.
1. After an animal has been seized and prior to any charges being filed, the agency that
took custody of the animal shall, within seven (7) days from the date of seizure, petition
the district court in the county in which the animal was seized for a bond hearing to
determine the cost and care for the animal. The bond hearing shall be held as soon as
practicable and not more than ten (10) business days from the date of application for the
bond hearing. If the court finds that probable cause exists that an animal has been
abused, the court may order immediate forfeiture of the animal to the agency that took
custody of the animal. Provided, however, within seventy-two (72) hours of the order of
forfeiture, the person owning or having charge or custody of the animal may post a
security bond in an amount determined by the court that is sufficient to reimburse all
reasonable and anticipated costs incurred by the agency caring for the animal from the
date of seizure. Reasonable costs include, but are not limited to, medical care and
boarding of the animal.
2. The bond shall be placed with the agency that took custody of the animal. The agency
shall provide an accounting of expenses to the court when the animal is no longer in the
custody of the agency or upon request by the court. The agency may petition the court for
a subsequent bond hearing at any time. The bond hearing shall be held as soon as
bond hearing. When all expenses covered by the bond are exhausted and a subsequent
bond has not been posted, the animal shall be forfeited to the agency.
3. If the animal is returned to the person who previously owned or had charge or custody
of the animal, funds not used for the care of the animal shall be returned.
4. Nothing in this section shall prevent the euthanasia of a seized animal at any time as
determined necessary by a licensed veterinarian of the state.
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following arrest
Editor’s note: OKLA. STAT. tit. 23, § 68 provides exemplary damages for wrongful injuries to animals
committed willfully or by gross negligence, in disregard of humanity.
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ownership.

Bond hearing
2. Be made the subject of an order issued to the owner by the appropriate court to
provide care to the animal by the owner of the animal or by another person at a location
approved by the court, with the order setting forth the conditions under which the animal
will be housed and cared for, and given protection and a humane disposition.
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animal; or
C.
bond hearing. If the court finds that probable cause exists that an animal has been abused,
the court may order immediate forfeiture of the animal to the agency that took custody of
the animal. Provided, however, within seventy-two (72) hours of the order of forfeiture,
the person owning or having charge or custody of the animal may post a security bond in
an amount determined by the court that is sufficient to reimburse all reasonable and
anticipated costs incurred by the agency caring for the animal from the date of seizure.
Reasonable costs include, but are not limited to, medical care and boarding of the animal.
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following arrest
C. When any person who is arrested is, at the time of the arrest, in charge of any animal or of
any vehicle drawn by or containing any animal, any peace officer, or animal control officer may
take custody of the animal or of the vehicle and its contents, or deliver the animal or the vehicle
and its contents into the possession of the police or sheriff of the county or place where the
arrest was made, who shall assume the custody thereof. All necessary expenses incurred in
taking custody of the animal or of the vehicle and its contents shall be a lien on such property.
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ownership.

Bond hearing
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animal; or
C.
bond hearing. If the court finds that probable cause exists that an animal has been
abused, the court may order immediate forfeiture of the animal to the agency that took
custody of the animal. Provided, however, within seventy-two (72) hours of the order of
forfeiture, the person owning or having charge or custody of the animal may post a
security bond in an amount determined by the court that is sufficient to reimburse all
reasonable and anticipated costs incurred by the agency caring for the animal from the
date of seizure. Reasonable costs include, but are not limited to, medical care and
boarding of the animal.
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OKLA. STAT. tit. 21, § 1680.3 (2009). 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
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12. SEXUAL ASSAULT
OKLA. STAT. tit. 21, § 886 (2009). 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.
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13. FIGHTING
OKLA. STAT. tit. 21, § 1682 (2009). 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. tit. 21, § 1683 (2009). 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. tit. 21, § 1692.1 (2009). Definitions
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. tit. 21, § 1692.2 (2009). 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. tit. 21, § 1692.3 (2009). 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.
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OKLA. STAT. tit. 21, § 1692.4 (2009). 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. tit. 21, § 1692.5 (2009). 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. tit. 21, § 1692.6 (2009). 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 preparation or
cockfight, or is knowingly present at such cockfight, upon conviction shall be guilty of a
misdemeanor.
OKLA. STAT. tit. 21, § 1692.7 (2009). Seizure, destruction, or forfeiture of cockfighting
equipment or facilities
Following the conviction of a person for Sections 2, 3, 4, or 5 of this act, the court entering the
judgment shall order that the birds and knives or gaffs used in violation of this act be forfeited to
the state, and may order that any and all equipment described in Section 1 used in violation of
this act be forfeited to the state.
OKLA. STAT. tit. 21, § 1692.8 (2009). 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.
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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. tit. 21, § 1692.9 (2009). Exemption
Nothing in this act shall prohibit any of the following:
A. Hunting birds or fowl in accordance with Oklahoma regulation or statute, including

but not limited to the sport of hunting game with trained raptors.
B. Agricultural production of fowl for human consumption.
OKLA. STAT. tit. 21, § 1693 (2009). Definitions
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, 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.
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OKLA. STAT. tit. 21, § 1694 (2009). 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. tit. 21, § 1695 (2009). 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. tit. 21, § 1696 (2009). Servicing or facilitating dogfight--Felony--Penalty
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. tit. 21, § 1697 (2009). 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
OKLA. STAT. tit. 21, § 1698 (2009). 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.
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OKLA. STAT. tit. 21, § 1699 (2009). Seizure, destruction or forfeiture of dogfighting
equipment and facilities
Following the conviction of a person for the offense of keeping a place for fighting dogs,
providing facilities for fighting dogs, performing services in the furtherance of dogfighting,
training, owning, possessing, handling fighting dogs, the court entering the judgment shall order
that the machine, device, gambling equipment, training or handling instruments or equipment,
transportation equipment, concession equipment, dogfighting equipment and instruments, and
fighting dogs used in violation of this act be destroyed or forfeited to the state.
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
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. tit. 21, § 1699.2 (2009). Exemptions
1. The use of dogs in hunting as permitted by the Game and Fish Code [FN1] 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.
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OKLA. STAT. tit. 21, § 1700 (2009). 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 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.
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OKLA. STAT. tit. 4 § 511 (2009). Definitions.
1. "Abandon" includes leaving an animal without making reasonable arrangements for

assumption of custody by another person; and
2. "Neglect" means unreasonable deprivation of necessary food, care, or shelter.

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OKLA. STAT. tit. 21, § 886 (2009). 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. tit. 21, § 10 (2009). Punishment of misdemeanor
Except in cases where a different punishment is prescribed by this chapter or by some existing
provisions of law, every offense declared to be a misdemeanor is punishable by imprisonment in
the county jail not exceeding one (1) year or by a fine not exceeding Five Hundred Dollars
($500.00), or both such fine and imprisonment.
OKLA. STAT. tit. 21, § 1680.1 (2009). Definitions.
1. "Animal" means any mammal, bird, fish, reptile or invertebrate, including wild and
domesticated species, other than a human being;
2. "Animal facility" means any vehicle, building, structure, farm, ranch or other premises where
an animal is kept, handled, transported, housed, exhibited, bred, offered for sale or used in any
lawful scientific test, experiment, investigation or educational training;
3. "Person" means any individual, state agency, corporation, association, nonprofit corporation,
joint stock company, firm, trust, partnership, two or more persons having a common interest, or
other legal entity;
4. "Owner" means a person who has title to the property, possession of the property, or a greater
right to the possession of the animal or property than another person;
5. "Possession" means actual care, custody, control or management; and
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6. "Effective consent" means consent by the owner or a person legally authorized to act for the
owner. Consent is not effective if induced or given by force or fear; by a person the offender
knows is not legally authorized to act for the owner; or by a person who by reason of youth,
mental disease or defect, or influence of drug or alcohol is known by the offender to be unable to
make reasonable decisions.
OKLA. STAT. tit. 21, § 1680.3 (2009). 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
Bond hearing
animal; or
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C.
bond hearing. If the court finds that probable cause exists that an animal has been abused,
the court may order immediate forfeiture of the animal to the agency that took custody of
the animal. Provided, however, within seventy-two (72) hours of the order of forfeiture,
the person owning or having charge or custody of the animal may post a security bond in
an amount determined by the court that is sufficient to reimburse all reasonable and
anticipated costs incurred by the agency caring for the animal from the date of seizure.
Reasonable costs include, but are not limited to, medical care and boarding of the animal.
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. tit. 21, § 1682 (2009). 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.
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OKLA. STAT. tit. 21, § 1683 (2009). 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.
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.

following arrest
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OKLA. STAT. tit. 21, § 1691 (2009). 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. tit. 21, § 1692 (2009). 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.
OKLA. STAT. tit. 21, § 1692.1 (2009). Definitions
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. tit. 21, § 1692.2 (2009). 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.
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OKLA. STAT. tit. 21, § 1692.3 (2009). 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. tit. 21, § 1692.4 (2009). Servicing or facilitating cockfight
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. tit. 21, § 1692.5 (2009). 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. tit. 21, § 1692.6 (2009). 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 preparation or
cockfight, or is knowingly present at such cockfight, upon conviction shall be guilty of a
misdemeanor.
OKLA. STAT. tit. 21, § 1692.7 (2009). Seizure, destruction, or forfeiture of cockfighting
equipment or facilities
Following the conviction of a person for Sections 2, 3, 4, or 5 of this act, the court entering the
judgment shall order that the birds and knives or gaffs used in violation of this act be forfeited to
the state, and may order that any and all equipment described in Section 1 used in violation of
this act be forfeited to the state.
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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. tit. 21, § 1692.9 (2009). Exemption
A. Hunting birds or fowl in accordance with Oklahoma regulation or statute, including

but not limited to the sport of hunting game with trained raptors.
B. Agricultural production of fowl for human consumption.
OKLA. STAT. tit. 21, § 1693 (2009). Definitions
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;
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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,
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. tit. 21, § 1694 (2009). 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
OKLA. STAT. tit. 21, § 1695 (2009). 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. tit. 21, § 1696 (2009). Servicing or facilitating dogfight--Felony--Penalty
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. tit. 21, § 1697 (2009). 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
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OKLA. STAT. tit. 21, § 1698 (2009). 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. tit. 21, § 1699 (2009). Seizure, destruction or forfeiture of dogfighting
equipment and facilities
Following the conviction of a person for the offense of keeping a place for fighting dogs,
providing facilities for fighting dogs, performing services in the furtherance of dogfighting,
training, owning, possessing, handling fighting dogs, the court entering the judgment shall order
that the machine, device, gambling equipment, training or handling instruments or equipment,
transportation equipment, concession equipment, dogfighting equipment and instruments, and
fighting dogs used in violation of this act [FN1] be destroyed or forfeited to the state.
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. tit. 21, § 1699.2 (2009). Exemptions
1. The use of dogs in hunting as permitted by the Game and Fish Code [FN1] 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
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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. tit. 21, § 1700 (2009). 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 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.
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ANIMAL PROTECTION LAWS OF OREGON
ANIMAL PROTECTION LAWS OF OREGON
2. PENALTIES
3. EXEMPTIONS
12. SEXUAL ASSAULT
13. FIGHTING
This chapter contains Oregon’s general animal protection and related statutes enacted prior to November 2009. It
Oregon may employ similar provisions within other non-animal-specific criminal and civil statutes; may have other more

USA Map
OREGON

Animal abuse in the second degree
OR. REV. STAT. § 167.315
(2)
Animal abuse in the first degree
OR. REV. STAT. § 167.320
(3)
Aggravated animal abuse in the first degree
OR. REV. STAT. § 167.322
(4)
Animal neglect in the second degree
OR. REV. STAT. § 167.325
(5)
Animal neglect in the first degree
OR. REV. STAT. § 167.330
(6)
Animal abandonment
OR. REV. STAT. § 167.340
(7)
Encouraging animal abuse
OR. REV. STAT. § 167.3**
Animals Covered in Definition A[A]ny nonhuman mammal, bird, reptile,

amphibian or fish@
OR. REV. STAT. § 167.310(1)
“’Domestic animal’ means an animal, other

than livestock, that is owned or possessed by
a person”
OR. REV. STAT. § 167.310(2)
OR-3
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OREGON continued

Class B misdemeanor
(2)
Class A misdemeanor or Class C felony
(3)
Class C felony
(5)
Class A misdemeanor
(7)
Class C misdemeanor

OR. REV. STAT. § 161.615(2)
and/or
$2,500 fine
OR. REV. STAT. § 161.635(1)(b)
(2), (5)
[Class A misdemeanor]:
1 year imprisonment
OR. REV. STAT. § 161.615(1)
and/or
$6,250 fine
OR. REV. STAT. § 161.635(1)(a)
(2), (3)
[Class C felony]:
OR. REV. STAT. § 161.605(3)
and/or
$125,000 fine
OR. REV. STAT. § 161.625(1)(d)
OR-4
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OREGON continued

[Class C misdemeanor]:
OR. REV. STAT. § 161.615(3)
and/or
$1,250 fine
OR. REV. STAT. § 161.635(1)(c)
3. EXEMPTIONS *** 4
OR. REV. STAT. §§ 167.315(2), 167.320(2)
1, 2, 3, 4, 5, 6, 7, 9
OR. REV. STAT. § 167.335
Exemption provisions do not protect acts

committed with gross negligence
OR. REV. STAT. § 167.335
4. COUNSELING / EVALUATIONS H Court may order participation in counseling

or cruelty prevention programs at defendant=s
expense
OR. REV. STAT. § 167.350(4)
6. RESTITUTION / REIMBURSEMENT A person or governmental agency that

H
transports, pastures, feeds, cares for or
provides treatment for an impounded animal
has a lien on the animal and may retain
possession until lien is satisfied
OR. REV. STAT. § 87.159
When animals that were in possession of
person arrested for violating animal
protection laws are impounded, the person
making the arrest shall have a lien upon the
animals for costs of care
OR. REV. STAT. § 133.377(3)
OR-5
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OREGON continued
6. RESTITUTION / REIMBURSEMENT Defendant may post a security bond for costs

H
OF COSTS / BONDING & LIENS continued of care from impoundment to the date of trial,
which may be used for actual reasonable
costs of care
OR. REV. STAT. §§ 167.347(3),(4),(5)
defendant to repay all reasonable costs of care
OR. REV. STAT. §§ 167.350(1),(3)
7. SEIZURE / ON-SITE SUPERVISION Animals that are in possession or charge of a

person arrested for violating animal
protection laws may be impounded
OR. REV. STAT. §§ 133.377 (1),(2)
Peace officer, after obtaining a search warrant

or in any other lawful manner, may impound
animal if probable cause to believe they are
being mistreated
OR. REV. STAT. § 167.345
8. FORFEITURE / POSSESSION H A person convicted of a misdemeanor

violation of the animal protection laws may
not possess a domestic animal for five years;
or for fifteen years following a felony
violation. A violation is a Class C
misdemeanor
OR. REV. STAT. § 167.332
The court, prior to disposition of criminal

charges, may order forfeiture of animals
seized pursuant to a search warrant, if the
court finds that probable cause of
mistreatment existed and the defendant fails
to issue a bond for costs of care
OR. REV. STAT. § 167.347
OR-6
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OREGON continued
8. FORFEITURE / POSSESSION H continued If animal is forfeited, the court in placing

animal with a new owner, shall give
preference to persons with prior contact with
the animal. The new owner shall agree to
provide the animal with minimum care. New
owner may not be someone who resides with
the former owner
OR. REV. STAT. § 167.348

forfeiture of the mistreated animal
OR. REV. STAT. §§ 167.350(1),(2)
9. CROSS ENFORCEMENT / REPORTING Certain professionals may report suspected or

imminent aggravated animal cruelty and are
immune from civil liability or exertion of
professional privilege
OR. REV. STAT. § 40.252
Certain public and private officials may

report suspected aggravated animal abuse and
are immune from civil or criminal liability for
such reporting done in good faith
OR. REV. STAT. § 609.654
OR-7
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OREGON continued
10. VETERINARIAN REPORTING / IMMUNITY The Legislature finds a direct link between
animal abuse and human abuse, and that it is
in the public interest to require mandatory
veterinarian reporting of aggravated animal
abuse
OR. REV. STAT. § 686.442
Veterinarians may report suspected
mistreatment of any animal to peace officers,
animal control officers or officers of private
organizations devoted to humane treatment of
animals and is immune from any civil or
criminal liability by reason of making the
report
OR. REV. STAT. § 686.445
A veterinarian who has reasonable cause to
believe an animal has suffered aggravated
animal abuse shall immediately report it to a
law enforcement agency
OR. REV. STAT. § 686.455
A veterinarian who acts in good faith and has

reasonable grounds for making a report of
suspected aggravated animal abuse is immune
from any civil or criminal liability as a result
of making such a report
OR. REV. STAT. § 686.465
Failure of a veterinarian to report suspected

aggravated animal abuse is punishable by a
fine of not more than $1000
OR. REV. STAT. § 686.990
OR-8
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OREGON continued
11. LAW ENFORCEMENT POLICIES The Governor may appoint special state
agents to collect evidence, to effect the
apprehension and conviction of criminals
OR. REV. STAT. § 131.805
Any person violating the animal protection
laws may be arrested and held without
warrant in the same manner as those who are
found breaking the peace; the person making
the arrest shall use reasonable diligence to
notify any owners of animals found in the
charge of the person arrested and shall
properly care for them; any peace officer who
cares for such animals is immune from civil
or criminal liability based upon an allegation
that such care was negligently provided
OR. REV. STAT. § 133.377
Peace officers have a duty to arrest and
prosecute any person violating the animal
protection laws
OR. REV. STAT. § 133.379(1)
Peace officers may enter premises under a
search warrant or in any lawful manner,
where animals are being mistreated and
provide them with necessary sustenance and
aid and may impound them; no liability for
damages for any entry unless the damages
were caused by unnecessary actions that were
intentional or reckless
OR. REV. STAT. § 167.345
Peace officer may obtain search warrant and
seize animal if probable cause to believe they
are being mistreated
OR. REV. STAT. § 167.345(2)
A law enforcement agency which receives a
report of suspected aggravated animal abuse
from a veterinarian or public or private
official shall investigate and process the case
OR. REV. STAT. § 686.460
OR-9
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OREGON continued
12. SEXUAL ASSAULT Sexually assaulting an animal is a Class A

misdemeanor
OR. REV. STAT. § 167.333
13. FIGHTING Involvement in animal fighting is a Class C

felony
OR. REV. STAT. § 167.355
Dogfighting is a Class C felony

OR. REV. STAT. § 167.365
Participation in dogfighting is a Class C

felony
OR. REV. STAT. § 167.370
Possessing dogfighting paraphernalia is a

Class C felony
OR. REV. STAT. § 167.372
Cockfighting definitions
OR. REV. STAT. § 167.426
Cockfighting is a Class C felony

OR. REV. STAT. § 167.428
Participation in cockfighting is a Class C

felony
OR. REV. STAT. § 167.431
Seizure of an alleged fighting bird

OR. REV. STAT. § 167.433
Additional cockfighting penalties

OR. REV. STAT. § 167.435
Constructive possession of bird by peace

officer
OR. REV. STAT. § 167.437
OR-10
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OREGON continued
13. FIGHTING continued Forcible recovery of a fighting bird is a Class

C felony
OR. REV. STAT. § 167.439
Dogfighting and cockfighting violations are

qualifying offenses under state RICO laws
OR. REV. STAT. § 166.715
Other Felony Provisions Affecting Animals I Assaulting a law enforcement animal

OR. REV. STAT. § 167.339
NOTES “Law enforcement unit” includes humane

agents
OR. REV. STAT. § 181.610
OR-11
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OR. REV. STAT. § 167.310 (2009). Definitions
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.
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(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 (2009). 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.
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OR. REV. STAT. § 167.320 (2009). 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.
(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 (2009). 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.
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(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 (2009). 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.
OR. REV. STAT. § 167.330 (2009). Animal neglect in the first degree
(1) A person commits the crime of animal neglect in the first degree if, except as otherwise
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. § 167.340 (2009). 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. § 167.3** (2009). 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
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(b) Knowingly allows the person from whom the animal was forfeited to possess the
animal.
(2) Encouraging animal abuse is a Class C misdemeanor.
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2. PENALTIES
OR. REV. STAT. § 161.605 (2009). Maximum prison terms for felonies.
The maximum term of an indeterminate sentence of imprisonment for a felony is as follows:
(1) For a Class A felony, 20 years.
(2) For a Class B felony, 10 years.
(3) For a Class C felony, 5 years.
(4) For an unclassified felony as provided in the statute defining the crime.
OR. REV. STAT. § 161.615 (2009). Prison terms for misdemeanors.
Sentences for misdemeanors shall be for a definite term. The court shall fix the term of
(1) For a Class A misdemeanor, 1 year.
(2) For a Class B misdemeanor, 6 months.
(3) For a Class C misdemeanor, 30 days.
(4) For an unclassified misdemeanor, as provided in the statute defining the crime.
OR. REV. STAT. § 161.625 (2009). Felonies; fines
(1) A sentence to pay a fine for a felony shall be a sentence to pay an amount, fixed by the court,
not exceeding:
(a) $500,000 for murder or aggravated murder.
(b) $375,000 for a Class A felony.
(c) $250,000 for a Class B felony.
(d) $125,000 for a Class C felony.
(2) A sentence to pay a fine for an unclassified felony shall be a sentence to pay an amount, fixed
by the court, as provided in the statute defining the crime.
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(3)
(a) If a person has gained money or property through the commission of a felony, then
upon conviction thereof the court, in lieu of imposing the fine authorized for the crime
under subsection (1) or (2) of this section, may sentence the defendant to pay an amount,
fixed by the court, not exceeding double the amount of the defendant's gain from the
commission of the crime.
(b) The provisions of paragraph (a) of this subsection do not apply to the felony theft of a
companion animal, as defined in ORS 164.055, or a captive wild animal.
(4) As used in this section, "gain" means the amount of money or the value of property derived
from the commission of the felony, less the amount of money or the value of property returned to
the victim of the crime or seized by or surrendered to lawful authority before the time sentence is
imposed. "Value" shall be determined by the standards established in ORS 164.115.
(5) When the court imposes a fine for a felony the court shall make a finding as to the amount of
the defendant's gain from the crime. If the record does not contain sufficient evidence to support
a finding the court may conduct a hearing upon the issue.
(6) Except as provided in ORS 161.655, this section does not apply to a corporation.
OR. REV. STAT. § 161.635 (2009). Misdemeanors; fines
(1) A sentence to pay a fine for a misdemeanor shall be a sentence to pay an amount, fixed by the
court, not exceeding:
(a) $6,250 for a Class A misdemeanor.
(b) $2,500 for a Class B misdemeanor.
(c) $1,250 for a Class C misdemeanor.
(2) A sentence to pay a fine for an unclassified misdemeanor shall be a sentence to pay an
amount, fixed by the court, as provided in the statute defining the crime.
(3) If a person has gained money or property through the commission of a misdemeanor, then
upon conviction thereof the court, instead of imposing the fine authorized for the offense under
this section, may sentence the defendant to pay an amount fixed by the court, not exceeding
double the amount of the defendant's gain from the commission of the offense. In that event,
ORS 161.625 (4) and (5) apply.
(4) This section does not apply to corporations.
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3. EXEMPTIONS
animal.
felony if:
(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
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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. § 167.335 (2009). Exemption from ORS 167.315 to 167.333
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.
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OR. REV. STAT. § 167.350 (2009). Forfeiture of rights in mistreated animal; costs; penalty
(1) In addition to and not in lieu of any other sentence it may impose, a court may require a
defendant convicted under ORS 167.315 to 167.333, 167.340, 167.355 or 167.365 to forfeit any
rights of the defendant in the animal subjected to the violation, and to repay the reasonable costs
incurred by any person or agency prior to judgment in caring for each animal subjected to the
violation.
(2)
(A) When the court orders the defendant's rights in the animal to be forfeited, the court
may further order that those rights be given over to an appropriate person or agency
demonstrating a willingness to accept and care for the animal or to the county or an
appropriate animal care agency for further disposition in accordance with accepted
practices for humane treatment of animals. The court may not transfer the defendant's
rights in the animal to any person who resides with the defendant.
(B) This subsection does not limit the right of the person or agency to whom rights are
granted to resell or otherwise make disposition of the animal. A transfer of rights under
this subsection constitutes a transfer of ownership. The court shall require a person to
whom rights are granted to execute an agreement to provide minimum care to the animal.
The agreement must indicate that allowing the defendant to possess the animal
constitutes a crime .
(3) In addition to and not in lieu of any other sentence it may impose, a court may order the
owner or person having custody of an animal to repay the reasonable costs incurred by any
person or agency in providing minimum care to the animal.
(4) A court may order a person convicted under ORS 167.315 to 167.333, 167.340, 167.355,
167.365 or 167.428 to participate in available animal cruelty prevention programs or education
programs, or both, or to obtain psychological counseling for treatment of mental health
disorders that, in the court's judgment, contributed to the commission of the crime. The person
shall bear any costs incurred by the person for participation in counseling or treatment
programs under this subsection.
(5) ORS 131.550 to 131.600 do not apply to the forfeiture of an animal subjected to a violation
of ORS 167.315 to 167.333, 167.340, 167.355, 167.365 or 167.428. Any such animal is subject
to forfeiture as provided in subsections (1) to (3) of this section or, if the animal is a fighting
bird, as provided in ORS 167.435.
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OR. REV. STAT. § 87.159 (2009). Lien for care of an animal.
A person who, or governmental agency that, transports, pastures, feeds, cares for or provides
treatment to an animal that has been impounded under ORS 167.345 has a lien on the animal in
the possession of the person or governmental agency for the reasonable charges for
transportation, pasturage, feed, care or treatment provided by the person or governmental
agency, and the person or governmental agency may retain possession of the animal until those
charges are paid.
OR. REV. STAT. § 133.377 (2009). Animal abuse; animal care
(1) Any person violating ORS 167.315 to 167.333, 167.340, 167.355, 167.365 or 167.428 may
be arrested and held without warrant, in the same manner as in the case of persons found
breaking the peace.
(2) The person making the arrest, with or without warrant, shall use reasonable diligence to give
notice thereof to the owners of the animals found in the charge of the person arrested, and shall
properly care and provide for such animals until the owners or their duly authorized agents take
charge of them; provided, such owners or agents shall claim and take charge of the animals
within 60 days from the date of said notice.
(3) The person making such arrest shall have a lien upon the animals for the expense of such
care and provisions.
(4) Any peace officer who cares or provides for an animal pursuant to this section and any
person into whose care an animal is delivered by a peace officer acting under this section shall
be immune from civil or criminal liability based upon an allegation that such care was
negligently provided.
OR. REV. STAT. § 167.347 (2009). Forfeiture of impounded animal
(1) If any animal is impounded pursuant to ORS 167.345 and is being held by a county animal
shelter or other animal care agency pending outcome of criminal action charging a violation of
ORS 167.315 to 167.333, 167.340, 167.355, 167.365 or 167.428, prior to final disposition of the
criminal charge, the county or other animal care agency may file a petition in the criminal
action requesting that the court issue an order forfeiting the animal to the county or other
animal care agency prior to final disposition of the criminal charge. The petitioner shall serve a
true copy of the petition upon the defendant and the district attorney.
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hearing on the petition. The hearing shall be conducted within 14 days after the filing of the
petition, or as soon as practicable.
(3)
(a) At a hearing conducted pursuant to subsection (2) of this section, the petitioner shall
have the burden of establishing probable cause to believe that the animal was subjected
to a violation of ORS 167.315 to 167.333, 167.340, 167.355, 167.365 or 167.428. If the
court finds that probable cause exists, the court shall order immediate forfeiture of the
animal to the petitioner, unless the defendant, within 72 hours of the hearing, posts a
security deposit or bond with the court clerk in an amount determined by the court to be
sufficient to repay all reasonable costs incurred, and anticipated to be incurred, by the
petitioner in caring for the animal from the date of initial impoundment to the date of
trial.
(b) Notwithstanding paragraph (a) of this subsection, a court may waive for good cause
shown the requirement that the defendant post a security deposit or bond.
(4) If a security deposit or bond has been posted in accordance with subsection (3) of this
section, and the trial in the action is continued at a later date, any order of continuance shall
require the defendant to post an additional security deposit or bond in an amount determined by
the court that shall be sufficient to repay all additional reasonable costs anticipated to be
incurred by the petitioner in caring for the animal until the new date of trial.
section, the petitioner may draw from that security deposit or bond the actual reasonable costs
incurred by the petitioner in caring for the impounded animal from the date of initial
impoundment to the date of final disposition of the animal in the criminal action.
(6) The provisions of this section are in addition to, and not in lieu of, the provisions of ORS
167.350 and 167.435.
violation.
(2)
(a) When the court orders the defendant's rights in the animal to be forfeited, the court
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(b) This subsection does not limit the right of the person or agency to whom rights are
programs, or both, or to obtain psychological counseling for treatment of mental health disorders
that, in the court's judgment, contributed to the commission of the crime. The person shall bear
any costs incurred by the person for participation in counseling or treatment programs under this
subsection.
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(1) Any person violating ORS 167.315 to 167.333, 167.340, 167.355, 167.365 or 167.428 may be
arrested and held without warrant, in the same manner as in the case of persons found breaking
the peace.
(3) The person making such arrest shall have a lien upon the animals for the expense of such care
and provisions.
OR. REV. STAT. § 167.345 (2009). Search and seizure; impoundment; liability
(1) As used in this section, 'peace officer' has the meaning given that term in ORS 161.015.
(2) If there is probable cause to believe that any animal is being subjected to treatment in
violation of ORS 167.315 to 167.333, 167.340, 167.355, 167.365 or 167.428, a peace officer,
after obtaining a search warrant or in any other manner authorized by law, may enter the
premises where the animal is located to provide the animal with food, water and emergency
medical treatment and may impound the animal. If after reasonable effort the owner or person
having custody of the animal cannot be found and notified of the impoundment, the notice shall
be conspicuously posted on the premises and within 72 hours after the impoundment the notice
shall be sent by certified mail to the address, if any, where the animal was impounded.
(3) A peace officer is not liable for any damages for an entry under subsection (2) of this section,
unless the damages were caused by the unnecessary actions of the peace officer that were
intentional or reckless.
(4)
(a) A court may order an animal impounded under subsection (2) of this section to be
held at any animal care facility in the state. A facility receiving the animal shall provide
adequate food and water and may provide veterinary care.
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(b) A court may order a fighting bird impounded under subsection (2) of this section to
be held on the property of the owner, possessor or keeper of the fighting bird in
accordance with ors 167.433.
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OR. REV. STAT. § 167.332 (2009). Possession of domestic animals by violator
(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.
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.
criminal charge, the county or other animal care agency may file a petition in the criminal
action requesting that the court issue an order forfeiting the animal to the county or other
animal care agency prior to final disposition of the criminal charge. The petitioner shall serve a
true copy of the petition upon the defendant and the district attorney.
(3)
have the burden of establishing probable cause to believe that the animal was subjected
to a violation of ORS 167.315 to 167.333, 167.340, 167.355, 167.365 or 167.428. If the
trial.
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the court that shall be sufficient to repay all additional reasonable costs anticipated to be incurred
by the petitioner in caring for the animal until the new date of trial.
167.350 and 167.435.
OR. REV. STAT. § 167.348 (2009). Placement of forfeited animal; preference.
(1) If an animal is forfeited according to the provisions of ORS 167.347 or 167.350, the agency
to which the animal was forfeited may place the animal with a new owner. The agency shall give
placement preference to any person or persons who had prior contact with the animal, including
but not limited to family members and friends of the former owner whom the agency determines
are capable of providing necessary, adequate and appropriate levels of care for the animal. As
a condition of placement, the agency shall require the new owner to execute an agreement to
provide minimum care to the animal. The agreement must indicate that allowing the former
owner to possess the animal constitutes a crime.
(2) Notwithstanding subsection (1) of this section, the agency may not place the animal with any
person who resides with the former owner.
violation.
(2)
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whom rights are granted to execute an agreement to provide minimum care to the
animal. The agreement must indicate that allowing the defendant to possess the animal
subsection.
of ORS 167.315 to 167.333, 167.340, 167.355, 167.365 or 167.428. Any such animal is subject to
forfeiture as provided in subsections (1) to (3) of this section or, if the animal is a fighting bird,
as provided in ORS 167.435.
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OR. REV. STAT. § 40.252 (2009). Rule 504-5. Communications revealing intent to commit
certain crimes.
(1) In addition to any other limitations on privilege that may be imposed by law, there is no
privilege under ORS 40.225, 40.230 or 40.250 for communications if:
(a) In the professional judgment of the person receiving the communications, the
communications reveal that the declarant has a clear and serious intent at the time the
communications are made to subsequently commit a crime involving physical injury, a
threat to the physical safety of any person, sexual abuse or death or involving an act
described in ORS 167.322;
(b) In the professional judgment of the person receiving the communications, the
declarant poses a danger of committing the crime; and
(c) The person receiving the communications makes a report to another person based on
the communications.
(2) The provisions of this section do not create a duty to report any communication to any
person.
(3) A person who discloses a communication described in subsection (1) of this section, or fails
to disclose a communication described in subsection (1) of this section, is not liable to any other
person in a civil action for any damage or injury arising out of the disclosure or failure to
disclose.
OR. REV. STAT. § 609.654 (2009). Public or private official reporting of aggravated animal
abuse; immunity.
(1) Notwithstanding ORS 40.225 to 40.295, a public or private official who has reasonable cause
to believe that an animal with which the official has come in contact has suffered aggravated
animal abuse, or that any person with whom the official has come in contact has committed
aggravated animal abuse, may immediately report the suspected aggravated animal abuse in the
manner prescribed in subsection (2) of this section.
(2) A report of suspected aggravated animal abuse authorized under subsection (1) of this
section may be made to a law enforcement agency, either orally or in writing, and may include,
if known:
(a) The name and description of each animal involved;
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(b) The address and telephone number of the owner or other person responsible for the
care of the animal;
(c) The nature and extent of the suspected abuse;
(d) Any evidence of previous aggravated animal abuse;
(e) Any explanation given for the suspected abuse; and
(f) Any other information that the person making the report believes may be helpful in
establishing the cause of the suspected abuse or the identity of the person causing the
abuse.
(3) A public or private official who acts in good faith and has reasonable grounds for making a
report of suspected aggravated animal abuse under this section is not liable in any civil or
criminal proceeding brought as a result of making the report.
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OR. REV. STAT. § 686.442 (2009). Link between animal abuse and human abuse, mandatory
reporting of aggravated animal abuse
The Legislative Assembly finds that there is a direct link between the problems of animal abuse
and human abuse and further finds that for the purposes of identifying and prosecuting
individuals who have committed crimes against animals, preventing further abuse of animals
and preventing animal abuse from escalating to abuse against humans, it is necessary and in the
public interest to require mandatory reporting of aggravated animal abuse by veterinarians.
OR. REV. STAT. § 686.445 (2009). Reports of abandoned, neglected or abused animals or
animals injured in trapping devices; immunity from liability
(1) Except as provided in ORS 686.455, licensed veterinarians and veterinary technicians may
report to peace officers, animal control officers or officers of private organizations devoted to
humane treatment of animals any animal that the veterinarian or veterinary technician knows or
reasonably believes to be abandoned, neglected or abused. Any veterinarian or veterinary
technician making a report under this section is immune from any civil or criminal liability by
reason of making the report.
(2) Veterinarians licensed and practicing in Oregon shall report to the Dean of the College of
Veterinary Medicine, Oregon State University, in a form established by the dean, incidences of
treating animals purported to have been injured by a trapping device.
As used in ORS 686.450 to 686.465 and 686.990 (3):
(1)
(a) "Aggravated animal abuse" means any animal abuse as described in ORS 167.322.
(b) "Aggravated animal abuse" does not include:
(A) Good animal husbandry, as defined in ORS 167.310; or
(B) Any exemption listed in ORS 167.335.
(2) "Law enforcement agency" means:
(a) Any city or municipal police department.
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(b) Any county sheriff's office.
(c) The Oregon State Police.
(d) A law enforcement division of a humane society in Oregon that employs special
agents authorized under ORS 131.805.
(e) A law enforcement division of a county or municipal animal control agency that
employs sworn officers.
(3) "Veterinarian" means a person licensed to practice veterinary medicine under ORS chapter
686.
OR. REV. STAT. § 686.455 (2009). Veterinarian reports
(1) A veterinarian who has reasonable cause to believe that an animal with which the
veterinarian has come in contact has suffered aggravated animal abuse, or that any person with
whom the veterinarian has come in contact has committed aggravated animal abuse, shall
immediately report the suspected aggravated animal abuse in the manner prescribed in
subsection (2) of this section.
(2) A report of suspected aggravated animal abuse required under subsection (1) of this section
shall be made to a law enforcement agency, either orally or in writing, and shall include, if
known:
care of the animal;
(c) The nature and extent of the suspected aggravated animal abuse;
(e) Any explanation given for the suspected aggravated animal abuse; and
establishing the cause of the suspected aggravated animal abuse or the identity of the
person causing the aggravated animal abuse.
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OR. REV. STAT. § 686.465 (2009). Veterinarian liability
A veterinarian who acts in good faith and has reasonable grounds for making a report of
suspected aggravated animal abuse under ORS 686.455 is not liable in any civil or criminal
proceeding brought as a result of making the report.
OR. REV. STAT. § 686.990 (2009). Penalties.
(1) Violation of ORS 686.020 (1)(a) is a Class A misdemeanor.
(2) In addition to any other sanction imposed by law, the Oregon State Veterinary Medical
Examining Board may impose a civil penalty not to exceed $5,000 for each violation of ORS
686.020 (1).
(3) Failure to file a report of suspected aggravated animal abuse as required by ORS 686.455 is
punishable by a fine of not more than $1,000.
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OR. REV. STAT. § 131.805 (2009). Authority to employ special agents.
The Governor may employ, at such salaries as the Governor deems reasonable for the services
rendered, special agents to effect the apprehension and conviction of criminals, the return of
fugitives from justice, the investigation of cases in which the Governor believes the laws of the
state are being violated, the supervision of persons paroled or conditionally pardoned from the
Department of Corrections or the collection of evidence in any case, civil or criminal, in which
the state is interested whenever in the judgment of the Governor it is necessary from the
conditions existing in any case, whenever the Governor is convinced that criminals are likely to
escape punishment and justice cannot be done by the regularly constituted authorities of any
county of the state or of the state or whenever any emergency has arisen which in the judgment
of the Governor would justify the Governor so doing.
(1) Any person violating ORS 167.315 to 167.333, 167.340, 167.355, 167.365 or 167.428 may be
arrested and held without warrant, in the same manner as in the case of persons found breaking
the peace.
and provisions.
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OR. REV. STAT. § 133.379 (2009). Duty to arrest and prosecute animal abusers; fines and
forfeitures
1) It shall be the duty of any peace officer to arrest and prosecute any violator of ORS 167.315
to 167.333, 167.340, 167.355, 167.365 or 167.428 for any violation which comes to the
knowledge or notice of the officer.
(2) All fines and forfeitures collected for violations of ORS 167.315 to 167.333, 167.340,
167.355, 167.365 or 167.428, except for forfeitures of the animal as provided under ORS
167.350 or 167.435, shall be paid into the county treasury of the county in which it is collected,
and placed to the credit of the county school fund.
(4)
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OR. REV. STAT. § 686.460 (2009). Duty of law enforcement agency after receiving report of
aggravated animal abuse.
(1) A law enforcement agency receiving a report of suspected aggravated animal abuse pursuant
to ORS 609.654 or 686.455 shall investigate the nature and cause of the suspected aggravated
animal abuse.
(2) If the law enforcement agency finds reasonable cause to believe that aggravated animal
abuse has occurred, the law enforcement agency shall process the case in the same manner as
any other criminal investigation.
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12. SEXUAL ASSAULT
OR. REV. STAT. § 167.333 (2009). 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 (2009). 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.
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13. FIGHTING
OR. REV. STAT. § 167.355 (2009). Involvement in animal fighting
(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.
(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.
As used in ORS 167.360 to 167.375:
(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.
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(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;
(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.
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OR. REV. STAT. § 167.365 (2009). Dogfighting
(1) A person commits the crime of dogfighting if the person knowingly does any of the following:
(a) Owns, possesses, keeps, breeds, trains, buys, sells or offers to sell a fighting dog,
including but not limited to any advertisement by the person to sell such a dog.
(b) Promotes, conducts or participates in, or performs any service in the furtherance of,
an exhibition of dogfighting, including but not limited to refereeing of a dogfight,
handling of dogs at a dogfight, transportation of spectators to a dogfight, organizing a
dogfight, advertising a dogfight, providing or serving as a stakes holder for any money
wagered on a fight.
(c) Keeps, uses or manages, or accepts payment of admission to, any place kept or used
for the purpose of dogfighting.
(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 dogfighting.
(2) Dogfighting is a Class C felony.
OR. REV. STAT. § 167.370 (2009). Participation in dogfighting
(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.
OR. REV. STAT. § 167.372 (2009). Possessing dogfighting paraphernalia
(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.
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As used in ORS 167.426 to 167.439:
(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.
OR. REV. STAT. § 167.428 (2009). Crime of cockfighting
(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.
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(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 (2009). Crime of 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. § 167.433 (2009). Seizure of an alleged fighting bird
(1) Pursuant to ORS 133.525 to 133.703, a judge may order the seizure of an alleged fighting
bird owned, possessed or kept by any person.
(2) A judge ordering the seizure of an alleged fighting bird under subsection (1) of this section
may order that the bird be impounded on the property of the owner, possessor or keeper of the
bird. If a judge orders an alleged fighting bird impounded on the property of the owner,
possessor or keeper of the bird, the court shall order the owner, possessor or keeper to provide
all necessary care for the bird and to allow regular and continuing inspection of the bird by a
person designated by the court, or the agent of a person designated by the court. The owner,
possessor or keeper shall pay the costs of conducting the inspections. The court shall further
order the owner, possessor or keeper not to sell or otherwise dispose of the bird unless the court
authorizes the sale or disposition, or until the seized bird is forfeited pursuant to an order under
ORS 167.435 or restored to the person pursuant to an order under ORS 133.643.
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OR. REV. STAT. § 167.435 (2009). Penalties
(1) In addition to and not in lieu of any other penalty the court may impose upon a person
convicted of cockfighting under ORS 167.428 or participation in cockfighting under ORS
167.431, the court shall include in the judgment an order for forfeiture to the city or county
where the crime occurred of the person's rights in any property proved to have been used by the
person as an instrumentality in the commission of the crime, including any fighting bird. This
subsection does not limit the ability of the court to dispose of a fighting bird as provided under
(2) A fighting bird is a public nuisance, regardless of whether a person has been convicted of
cockfighting or participation in cockfighting. If a bird is ordered forfeited under subsection (1)
of this section or is proved by a preponderance of the evidence in a forfeiture proceeding to be a
fighting bird, the court shall order that the bird be destroyed or be otherwise disposed of. Upon
the conviction of the person charged, the court shall adjudge all of the seized property of the
person to be forfeited and shall order that the property be destroyed or otherwise disposed of.
OR. REV. STAT. § 167.437 (2009). Constructive possession of bird by peace officer
(1) A peace officer having jurisdiction may, upon probable cause to believe that a bird is a
fighting bird, take constructive possession of the bird on behalf of the law enforcement agency
employing the officer.
(2) A peace officer who takes constructive possession of an alleged fighting bird pursuant to this
section must do the following:
(a) Place a tag or other device approved by the law enforcement agency on the cage or
other enclosure where the fighting bird is located. The tag or other device must clearly
state that it is unlawful to conceal, remove or release the bird for purposes of interfering
with law enforcement agency control over the bird.
(b) Notify the owner, possessor or keeper of the bird that the bird has been seized by the
law enforcement agency and may not be concealed, removed or released until authorized
by a court or as provided in this section.
(c) Promptly apply to an appropriate court for an order described in ORS 167.433.
(3) If a law enforcement agency takes constructive possession of a fighting bird under this
section, the owner, possessor or keeper of the bird shall provide all necessary care for the bird.
(4) Constructive possession of an alleged fighting bird pursuant to this section terminates when
a court order described in ORS 167.433 is served on the owner, possessor or keeper of the bird,
or after 24 hours, whichever occurs first.
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OR. REV. STAT. § 167.439 (2009). Forcible recovery of fighting bird
(1) A person commits the crime of forcible recovery of a fighting bird if the person knowingly
dispossesses, or knowingly attempts to dispossess, a law enforcement agency of constructive
possession of a fighting bird.
(2) Forcible recovery of a fighting bird is a Class C felony.
As used in ORS 166.715 to 166.735, unless the context requires otherwise:
* * * * *
(4) “Pattern of racketeering activity” means engaging in at least two incidents of racketeering
activity that have the same or similar intents, results, accomplices, victims or methods of
commission or otherwise are interrelated by distinguishing characteristics, including a nexus to
the same enterprise, and are not isolated incidents, provided at least one of such incidents
occurred after November 1, 1981, and that the last of such incidents occurred within five years
after a prior incident of racketeering activity. Notwithstanding ORS 131.505 to 131.525 or
419A.190 or any other provision of law providing that a previous prosecution is a bar to a
subsequent prosecution, conduct that constitutes an incident of racketeering activity may be used
to establish a pattern of racketeering activity without regard to whether the conduct previously
has been the subject of a criminal prosecution or conviction or a juvenile court adjudication,
unless the prosecution resulted in an acquittal or the adjudication resulted in entry of an order
finding the youth not to be within the jurisdiction of the juvenile court.
(5) “Person” means any individual or entity capable of holding a legal or beneficial interest in
real or personal property.
(6) “Racketeering activity” includes conduct of a person committed both before and after the
person attains the age of 18 years, and means to commit, to attempt to commit, to conspire to
commit, or to solicit, coerce or intimidate another person to commit:
(a) Any conduct that constitutes a crime, as defined in ORS 161.515, under any of the following
provisions of the Oregon Revised Statutes:
* * * * *
(T) ORS 164.377 (2) to (4), as punishable under ORS 164.377 (5)(b), 167.007 to
167.017, 167.054, 167.057, 167.062 to 167.080, 167.090, 167.122 to 167.137, 167.147,
167.164, 167.167, 167.212, 167.355, 167.365, 167.370, 167.428, 167.431 and 167.439,
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relating to prostitution, obscenity, sexually explicit material, sexual conduct, gambling,
computer crimes involving the Oregon State Lottery, animal fighting, forcible recovery
of a fighting bird and related offenses;
* * * * *
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OR. REV. STAT. § 40.252 (2009). Rule 504-5. Communications revealing intent to commit
certain crimes.
(1) In addition to any other limitations on privilege that may be imposed by law, there is no
privilege under ORS 40.225, 40.230 or 40.250 for communications if:
(a) In the professional judgment of the person receiving the communications, the
communications reveal that the declarant has a clear and serious intent at the time the
communications are made to subsequently commit a crime involving physical injury, a
threat to the physical safety of any person, sexual abuse or death or involving an act
described in ORS 167.322;
(b) In the professional judgment of the person receiving the communications, the
declarant poses a danger of committing the crime; and
(c) The person receiving the communications makes a report to another person based on
the communications.
(2) The provisions of this section do not create a duty to report any communication to any
person.
(3) A person who discloses a communication described in subsection (1) of this section, or fails
to disclose a communication described in subsection (1) of this section, is not liable to any other
person in a civil action for any damage or injury arising out of the disclosure or failure to
disclose.
OR. REV. STAT. § 87.159 (2009). Lien for care of an animal.
A person who, or governmental agency that, transports, pastures, feeds, cares for or provides
treatment to an animal that has been impounded under ORS 167.345 has a lien on the animal in
the possession of the person or governmental agency for the reasonable charges for
transportation, pasturage, feed, care or treatment provided by the person or governmental
agency, and the person or governmental agency may retain possession of the animal until those
charges are paid.
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OR. REV. STAT. § 131.805 (2009). Authority to employ special agents.
The Governor may employ, at such salaries as the Governor deems reasonable for the services
rendered, special agents to effect the apprehension and conviction of criminals, the return of
fugitives from justice, the investigation of cases in which the Governor believes the laws of the
state are being violated, the supervision of persons paroled or conditionally pardoned from the
Department of Corrections or the collection of evidence in any case, civil or criminal, in which
the state is interested whenever in the judgment of the Governor it is necessary from the
conditions existing in any case, whenever the Governor is convinced that criminals are likely to
escape punishment and justice cannot be done by the regularly constituted authorities of any
county of the state or of the state or whenever any emergency has arisen which in the judgment
of the Governor would justify the Governor so doing.
(1) Any person violating ORS 167.315 to 167.333, 167.340, 167.355, 167.365 or 167.428 may
be arrested and held without warrant, in the same manner as in the case of persons found
breaking the peace.
and provisions.
OR. REV. STAT. § 133.379 (2009). Duty to arrest and prosecute animal abusers; fines and
forfeitures
1) It shall be the duty of any peace officer to arrest and prosecute any violator of ORS 167.315 to
167.333, 167.340, 167.355, 167.365 or 167.428 for any violation which comes to the knowledge
or notice of the officer.
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(2) All fines and forfeitures collected for violations of ORS 167.315 to 167.333, 167.340,
167.355, 167.365 or 167.428, except for forfeitures of the animal as provided under ORS
167.350 or 167.435, shall be paid into the county treasury of the county in which it is collected,
and placed to the credit of the county school fund.
OR. REV. STAT. § 161.605 (2009). Maximum prison terms for felonies.
The maximum term of an indeterminate sentence of imprisonment for a felony is as follows:
(1) For a Class A felony, 20 years.
(2) For a Class B felony, 10 years.
(3) For a Class C felony, 5 years.
(4) For an unclassified felony as provided in the statute defining the crime.
OR. REV. STAT. § 161.615 (2009). Prison terms for misdemeanors.
Sentences for misdemeanors shall be for a definite term. The court shall fix the term of
(1) For a Class A misdemeanor, 1 year.
(2) For a Class B misdemeanor, 6 months.
(3) For a Class C misdemeanor, 30 days.
(4) For an unclassified misdemeanor, as provided in the statute defining the crime.
OR. REV. STAT. § 161.625 (2009). Felonies; fines
(1) A sentence to pay a fine for a felony shall be a sentence to pay an amount, fixed by the court,
not exceeding:
(a) $500,000 for murder or aggravated murder.
(b) $375,000 for a Class A felony.
(c) $250,000 for a Class B felony.
(d) $125,000 for a Class C felony.

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(2) A sentence to pay a fine for an unclassified felony shall be a sentence to pay an amount, fixed
by the court, as provided in the statute defining the crime.
(3)
(a) If a person has gained money or property through the commission of a felony, then
upon conviction thereof the court, in lieu of imposing the fine authorized for the crime
under subsection (1) or (2) of this section, may sentence the defendant to pay an amount,
fixed by the court, not exceeding double the amount of the defendant's gain from the
commission of the crime.
(b) The provisions of paragraph (a) of this subsection do not apply to the felony theft of a
companion animal, as defined in ORS 164.055, or a captive wild animal.
(4) As used in this section, "gain" means the amount of money or the value of property derived
from the commission of the felony, less the amount of money or the value of property returned to
the victim of the crime or seized by or surrendered to lawful authority before the time sentence is
imposed. "Value" shall be determined by the standards established in ORS 164.115.
(5) When the court imposes a fine for a felony the court shall make a finding as to the amount of
the defendant's gain from the crime. If the record does not contain sufficient evidence to support
a finding the court may conduct a hearing upon the issue.
(6) Except as provided in ORS 161.655, this section does not apply to a corporation.
OR. REV. STAT. § 161.635 (2009). Misdemeanors; fines
(1) A sentence to pay a fine for a misdemeanor shall be a sentence to pay an amount, fixed by the
court, not exceeding:
(a) $6,250 for a Class A misdemeanor.
(b) $2,500 for a Class B misdemeanor.
(c) $1,250 for a Class C misdemeanor.
(2) A sentence to pay a fine for an unclassified misdemeanor shall be a sentence to pay an
amount, fixed by the court, as provided in the statute defining the crime.
(3) If a person has gained money or property through the commission of a misdemeanor, then
upon conviction thereof the court, instead of imposing the fine authorized for the offense under
this section, may sentence the defendant to pay an amount fixed by the court, not exceeding
double the amount of the defendant's gain from the commission of the offense. In that event,
ORS 161.625 (4) and (5) apply.
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(4) This section does not apply to corporations.
As used in ORS 166.715 to 166.735, unless the context requires otherwise:
* * * * *
(4) “Pattern of racketeering activity” means engaging in at least two incidents of racketeering
activity that have the same or similar intents, results, accomplices, victims or methods of
commission or otherwise are interrelated by distinguishing characteristics, including a nexus to
the same enterprise, and are not isolated incidents, provided at least one of such incidents
occurred after November 1, 1981, and that the last of such incidents occurred within five years
after a prior incident of racketeering activity. Notwithstanding ORS 131.505 to 131.525 or
419A.190 or any other provision of law providing that a previous prosecution is a bar to a
subsequent prosecution, conduct that constitutes an incident of racketeering activity may be used
to establish a pattern of racketeering activity without regard to whether the conduct previously
has been the subject of a criminal prosecution or conviction or a juvenile court adjudication,
unless the prosecution resulted in an acquittal or the adjudication resulted in entry of an order
finding the youth not to be within the jurisdiction of the juvenile court.
(5) “Person” means any individual or entity capable of holding a legal or beneficial interest in
real or personal property.
(6) “Racketeering activity” includes conduct of a person committed both before and after the
person attains the age of 18 years, and means to commit, to attempt to commit, to conspire to
commit, or to solicit, coerce or intimidate another person to commit:
(a) Any conduct that constitutes a crime, as defined in ORS 161.515, under any of the following
provisions of the Oregon Revised Statutes:
* * * * *
(T) ORS 164.377 (2) to (4), as punishable under ORS 164.377 (5)(b), 167.007 to
167.017, 167.054, 167.057, 167.062 to 167.080, 167.090, 167.122 to 167.137, 167.147,
167.164, 167.167, 167.212, 167.355, 167.365, 167.370, 167.428, 167.431 and 167.439,
relating to prostitution, obscenity, sexually explicit material, sexual conduct, gambling,
computer crimes involving the Oregon State Lottery, animal fighting, forcible recovery
of a fighting bird and related offenses;
* * * * *
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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.
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(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.
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felony if:
(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
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 (2009). 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.
(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.
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OR. REV. STAT. § 167.325 (2009). Animal neglect in the second degree.
(1) A person commits the crime of animal neglect in the second degree if, except as otherwise
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.
OR. REV. STAT. § 167.330 (2009). Animal neglect in the first degree
(1) A person commits the crime of animal neglect in the first degree if, except as otherwise
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 (2009). Possession of domestic animals by violator
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.
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. § 167.333 (2009). 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.
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(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 (2009). 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 (2009). Exemption from ORS 167.315 to 167.333
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.
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OR. REV. STAT. § 167.340 (2009). 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.
(4)
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criminal charge, the county or other animal care agency may file a petition in the criminal action
requesting that the court issue an order forfeiting the animal to the county or other animal care
agency prior to final disposition of the criminal charge. The petitioner shall serve a true copy of
the petition upon the defendant and the district attorney.
(3)
have the burden of establishing probable cause to believe that the animal was subjected to
a violation of ORS 167.315 to 167.333, 167.340, 167.355, 167.365 or 167.428. If the
trial.
the court that shall be sufficient to repay all additional reasonable costs anticipated to be incurred
by the petitioner in caring for the animal until the new date of trial.
167.350 and 167.435.
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OR. REV. STAT. § 167.348 (2009). Placement of forfeited animal; preference.
(1) If an animal is forfeited according to the provisions of ORS 167.347 or 167.350, the agency
to which the animal was forfeited may place the animal with a new owner. The agency shall give
placement preference to any person or persons who had prior contact with the animal, including
but not limited to family members and friends of the former owner whom the agency determines
are capable of providing necessary, adequate and appropriate levels of care for the animal. As a
condition of placement, the agency shall require the new owner to execute an agreement to
provide minimum care to the animal. The agreement must indicate that allowing the former
owner to possess the animal constitutes a crime.
(2) Notwithstanding subsection (1) of this section, the agency may not place the animal with any
person who resides with the former owner.
violation.
(2)
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subsection.
OR. REV. STAT. § 167.3** (2009). 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
animal.
(2) Encouraging animal abuse is a Class C misdemeanor.
OR. REV. STAT. § 167.355 (2009). Involvement in animal fighting
(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.
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(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.
As used in ORS 167.360 to 167.375:
(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
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(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;
(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.
OR. REV. STAT. § 167.365 (2009). Dogfighting
(1) A person commits the crime of dogfighting if the person knowingly does any of the
following:
(a) Owns, possesses, keeps, breeds, trains, buys, sells or offers to sell a fighting dog,
including but not limited to any advertisement by the person to sell such a dog.
(b) Promotes, conducts or participates in, or performs any service in the furtherance of,
an exhibition of dogfighting, including but not limited to refereeing of a dogfight,
handling of dogs at a dogfight, transportation of spectators to a dogfight, organizing a
dogfight, advertising a dogfight, providing or serving as a stakes holder for any money
wagered on a fight.
(c) Keeps, uses or manages, or accepts payment of admission to, any place kept or used
for the purpose of dogfighting.
(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 dogfighting.
(2) Dogfighting is a Class C felony.
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OR. REV. STAT. § 167.370 (2009). Participation in dogfighting
(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.
OR. REV. STAT. § 167.372 (2009). Possessing dogfighting paraphernalia
(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.
As used in ORS 167.426 to 167.439:
(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.
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OR. REV. STAT. § 167.428 (2009). Crime of cockfighting
(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.
(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 (2009). Crime of 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.

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OR. REV. STAT. § 167.433 (2009). Seizure of an alleged fighting bird
(1) Pursuant to ORS 133.525 to 133.703, a judge may order the seizure of an alleged fighting
bird owned, possessed or kept by any person.
(2) A judge ordering the seizure of an alleged fighting bird under subsection (1) of this section
may order that the bird be impounded on the property of the owner, possessor or keeper of the
bird. If a judge orders an alleged fighting bird impounded on the property of the owner,
possessor or keeper of the bird, the court shall order the owner, possessor or keeper to provide all
necessary care for the bird and to allow regular and continuing inspection of the bird by a person
designated by the court, or the agent of a person designated by the court. The owner, possessor
or keeper shall pay the costs of conducting the inspections. The court shall further order the
owner, possessor or keeper not to sell or otherwise dispose of the bird unless the court authorizes
the sale or disposition, or until the seized bird is forfeited pursuant to an order under ORS
167.435 or restored to the person pursuant to an order under ORS 133.643.
OR. REV. STAT. § 167.435 (2009). Penalties
(1) In addition to and not in lieu of any other penalty the court may impose upon a person
convicted of cockfighting under ORS 167.428 or participation in cockfighting under ORS
167.431, the court shall include in the judgment an order for forfeiture to the city or county
where the crime occurred of the person's rights in any property proved to have been used by the
person as an instrumentality in the commission of the crime, including any fighting bird. This
subsection does not limit the ability of the court to dispose of a fighting bird as provided under
(2) A fighting bird is a public nuisance, regardless of whether a person has been convicted of
cockfighting or participation in cockfighting. If a bird is ordered forfeited under subsection (1) of
this section or is proved by a preponderance of the evidence in a forfeiture proceeding to be a
fighting bird, the court shall order that the bird be destroyed or be otherwise disposed of. Upon
the conviction of the person charged, the court shall adjudge all of the seized property of the
person to be forfeited and shall order that the property be destroyed or otherwise disposed of.
OR. REV. STAT. § 167.437 (2009). Constructive possession of bird by peace officer
(1) A peace officer having jurisdiction may, upon probable cause to believe that a bird is a
fighting bird, take constructive possession of the bird on behalf of the law enforcement agency
employing the officer.
(2) A peace officer who takes constructive possession of an alleged fighting bird pursuant to this
section must do the following:
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(a) Place a tag or other device approved by the law enforcement agency on the cage or
other enclosure where the fighting bird is located. The tag or other device must clearly
state that it is unlawful to conceal, remove or release the bird for purposes of interfering
with law enforcement agency control over the bird.
(b) Notify the owner, possessor or keeper of the bird that the bird has been seized by the
law enforcement agency and may not be concealed, removed or released until authorized
by a court or as provided in this section.
(c) Promptly apply to an appropriate court for an order described in ORS 167.433.
(3) If a law enforcement agency takes constructive possession of a fighting bird under this
section, the owner, possessor or keeper of the bird shall provide all necessary care for the bird.
(4) Constructive possession of an alleged fighting bird pursuant to this section terminates when a
court order described in ORS 167.433 is served on the owner, possessor or keeper of the bird, or
after 24 hours, whichever occurs first.
OR. REV. STAT. § 167.439 (2009). Forcible recovery of fighting bird
(1) A person commits the crime of forcible recovery of a fighting bird if the person knowingly
dispossesses, or knowingly attempts to dispossess, a law enforcement agency of constructive
possession of a fighting bird.
(2) Forcible recovery of a fighting bird is a Class C felony.
OR. REV. STAT. § 609.654 (2009). Public or private official reporting of aggravated animal
abuse; immunity.
(1) Notwithstanding ORS 40.225 to 40.295, a public or private official who has reasonable cause
to believe that an animal with which the official has come in contact has suffered aggravated
animal abuse, or that any person with whom the official has come in contact has committed
aggravated animal abuse, may immediately report the suspected aggravated animal abuse in the
manner prescribed in subsection (2) of this section.
(2) A report of suspected aggravated animal abuse authorized under subsection (1) of this section
may be made to a law enforcement agency, either orally or in writing, and may include, if
known:
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care of the animal;
(c) The nature and extent of the suspected abuse;
(e) Any explanation given for the suspected abuse; and
establishing the cause of the suspected abuse or the identity of the person causing the
abuse.
(3) A public or private official who acts in good faith and has reasonable grounds for making a
report of suspected aggravated animal abuse under this section is not liable in any civil or
criminal proceeding brought as a result of making the report.
OR. REV. STAT. § 686.442 (2009). Link between animal abuse and human abuse, mandatory
reporting of aggravated animal abuse
The Legislative Assembly finds that there is a direct link between the problems of animal abuse
and human abuse and further finds that for the purposes of identifying and prosecuting
individuals who have committed crimes against animals, preventing further abuse of animals and
preventing animal abuse from escalating to abuse against humans, it is necessary and in the
public interest to require mandatory reporting of aggravated animal abuse by veterinarians.
OR. REV. STAT. § 686.445 (2009). Reports of abandoned, neglected or abused animals or
animals injured in trapping devices; immunity from liability
(1) Except as provided in ORS 686.455, licensed veterinarians and veterinary technicians may
report to peace officers, animal control officers or officers of private organizations devoted to
humane treatment of animals any animal that the veterinarian or veterinary technician knows or
reasonably believes to be abandoned, neglected or abused. Any veterinarian or veterinary
technician making a report under this section is immune from any civil or criminal liability by
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EDITOR

STEPHAN K. OTTO, ESQ.

© 2010 ANIMAL LEGAL DEFENSE FUND

Please send any comments/questions/additions/corrections to: legislation@aldf.org

Alabama Alaska Arizona

Arkansas California Colorado

Connecticut Delaware Florida

Georgia Hawaii Idaho

Illinois Indiana Iowa

Kansas Kentucky Louisiana

Maine Maryland Massachusetts

Michigan Minnesota Mississippi

Missouri Montana Nebraska

Nevada New Hampshire New Jersey

New Mexico New York North Carolina

North Dakota Ohio Oklahoma

Oregon Pennsylvania Rhode Island

South Carolina South Dakota Tennessee

Texas Utah Vermont

Virginia Washington West Virginia

American Samoa District of Columbia Guam

Northern Mariana Islands Puerto Rico Virgin Islands

Newfoundland & Labrador

Prince Edward Island

6. RESTITUTION / REIMBURSEMENT OF COSTS / BONDING & LIENS

7. SEIZURE / ON-SITE SUPERVISION

9. CROSS ENFORCEMENT / REPORTING

10. VETERINARIAN REPORTING / IMMUNITY

11. LAW ENFORCEMENT POLICIES

12. SEXUAL ASSAULT

14. REFERENCED STATUTES

ANIMAL PROTECTION LAWS OF THE USA & CANADA (5TH EDITION)

1. GENERAL PROHIBITIONS * (1)

Classification of Crimes (1)

2. MAXIMUM PENALTIES ** (1), (2)

4. COUNSELING / EVALUATIONS † -----

5. PROTECTIVE ORDERS † -----

6. RESTITUTION / REIMBURSEMENT Upon conviction, court shall order fine

Cost of care is lien

Upon conviction, owner may be ordered to

7. SEIZURE / ON-SITE SUPERVISION Authorized officers, humane society

Law enforcement officers, appointed trained

8. FORFEITURE / POSSESSION † If owner does not reclaim animal within 10

The court, at a hearing to be set within 20

9. CROSS ENFORCEMENT / REPORTING -----

10. VETERINARIAN REPORTING / IMMUNITY -----

11. LAW ENFORCEMENT POLICIES County commissions may employ persons to

Any county or municipality may appoint

No liability for actions taken in good faith for

12. SEXUAL ASSAULT -----

13. FIGHTING Various dogfighting activities are Class C

Keeping a cockpit and cockfighting is a

Unlawful bear exploitation is a Class B

Various hog and dogfighting activities are

Other Felony Provisions Affecting Animals ‡ Killing or injuring livestock belonging to

ALA. CODE § 13A-11-14 (2009). Cruelty to animals.

(1) Subjects any animal to cruel mistreatment; or

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

(b) Cruelty to animals is a Class B misdemeanor.

ALA. CODE § 13A-11-240 (2009). Definitions.

ALA. CODE § 13A-11-247 (2009). Construction.

ALA. CODE § 13A-5-6 (2009). Sentences of imprisonment for felonies.