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STATUTES RESTRICTING OWNERSHIP OF ANIMALS FOLLOWING AN ANIMAL ABUSE CONVICTION 1

RED= MANDATORY (7) BLACK=PERMISSIVE (20)

1.

ALASKA

The court may prohibit or limit the defendant’s ownership, possession or custody of animals for up to ten years following conviction ALASKA STAT. § 11.61.140(f)

2.

DELAWARE (1995)

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)

3.

CALIFORNIA

As a condition of probation, a court may order that a person convicted under 597 (Cruelty to animals), 597.1 (Failure to care for an animal) and 597a (Cruelty to animals being transported) be prohibited from owning, possessing, or having contact with animals. CAL. PENAL CODE § 597.1(k)

4.

DISTRICT OF COLUMBIA

Court 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)

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States may have additional provisions specifically applicable to fighting convictions

STATUTES RESTRICTING OWNERSHIP OF ANIMALS
5. FLORIDA

Court may, after finding owner is unable or unfit to adequately provide for animals, order other animals be seized and enjoin owner from further possession or custody of other animals FLA. STAT. ANN. § 828.073(4)(c)

6.

ILLINOIS - Court may order the offender 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, not to own, harbor, or have custody or control of any other animals for a certain period of time 510 ILL. COMP. STAT. 70/16 720 ILL. COMP. STAT. 5/26-5 - 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

7.

KANSAS (2006)

Any person convicted of aggravated cruelty to animals is prohibited from owning or keeping an animal for five years KAN. STAT. ANN. § 21-4317

8. MAINE Court may restrict ownership, possession or allowance on premises of animals following conviction ME. REV. STAT. ANN. tit. 7, § 4016 ME. REV. STAT. ANN. tit. 17, § 1031(3-B)

9.

MICHIGAN

Court may order defendant not to own or possess an animal as a condition of probation MICH. COMP. LAWS § 750.50(6)

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STATUTES RESTRICTING OWNERSHIP OF ANIMALS
10. MINNESOTA

Court may impose a period of probation during which the person may not possess animals MINN. STAT. § 343.21(10)

11.

MISSISSIPPI

Court may enjoin owner from having custody of any animals in the future MISS. CODE ANN. § 97-41-2(6)

12.

MONTANA

Court may prohibit or limit ownership/possession/custody of animals during term of sentence MONT. CODE ANN. § 45-8-211(3)(c)

13.

NEBRASKA (2008) - Court shall prohibit anyone convicted of felony mistreatment, neglect, abandonment or fighting from owning, possessing or residing with any animal for a minimum of 5 years to a maximum of 15 years - Court may prohibit anyone convicted of misdemeanor mistreatment or sexual assault from owning, possessing or residing with any animal for up to 5 years - Exemption in cases where an animal is essential to the health of the person NEB. REV. STAT. § 28-1019

14.

NEW HAMPSHIRE

Upon conviction, the court may prohibit future animal ownership N.H. REV. STAT. ANN. § 644:8(IV)

15.

NEW YORK

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)
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STATUTES RESTRICTING OWNERSHIP OF ANIMALS
16. OHIO

Court may prohibit or place limitations 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)

17.

OREGON (2001)

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 OR. REV. STAT. § 167.332

18.

PENNSYLVANIA

Upon conviction, court may order the prohibition or limitation of the defendant’s ownership, possession, control or custody of animals or employment with the care of animals for a period of time not to exceed the statutory maximum term of imprisonment applicable to the offense for which sentence is being imposed 18 PA. CONS. STAT. ANN. § 5511(m.2)

19.

TENNESSEE

Court may prohibit those convicted from having custody of animals TENN. CODE ANN. § 39-14-202(d)

20.

UTAH

Upon conviction, court may prohibit the defendant from possessing or retaining custody of any animal for any designated period UTAH CODE ANN. § 76-9-301(9)(b),(c),(d)

21.

VERMONT

Upon conviction, court may prohibit future ownership, possession or care of any animal VT. STAT. ANN. tit. 13, §§ 353(b)(3)

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STATUTES RESTRICTING OWNERSHIP OF ANIMALS
22. VIRGINIA

The court may prohibit defendant from future ownership of companion or farm animals VA. CODE ANN. §§ 3.2-6569(G),(H)

23.

WASHINGTON - If forfeiture is ordered following a conviction for animal cruelty in the second degree, the owner shall be prohibited from owning or caring for any similar animals for a period of two years on a first offense, and permanently on any subsequent offense WASH. REV. CODE § 16.52.200(3); process for restoration of rights to possess animals is available for certain non-felony offenders WASH. REV. CODE § 16.52.200(4) - If forfeiture is ordered following a conviction for animal cruelty in the first degree, the owner shall be permanently prohibited from owning or caring for any similar animals WASH. REV. CODE § 16.52.200(3) - Upon conviction for animal cruelty in the first degree, court may order offender not to harbor, own or reside in any household where any animals are present WASH. REV. CODE § 16.52.205(5)(a)

24.

WEST VIRGINIA

Court shall prohibit anyone convicted from possessing, owning or residing with any animal for 5 years following a misdemeanor conviction, and for 15 years following a felony conviction W. VA. CODE § 61-8-19(i)

25.

WISCONSIN

The court may order the violator not to possess animal for up to 5 years WIS. STAT. § 951.18(4)(c)

26.

WYOMING

Court may prohibit future ownership of animals WYO. STAT. ANN. § 6-3-203(j)(ii)

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STATUTES RESTRICTING OWNERSHIP OF ANIMALS
27. U.S. VIRGIN ISLANDS

Upon conviction, an offender shall be enjoined from being a custodian of any animal for a period of not less than five years up to the lifetime of the offender 14 V.I. CODE ANN. § 185(a)

CANADA (Federal) The court may prohibit the owning or custody of an animal or bird for any appropriate period of time on a first offense; and for a minimum of five years for any subsequent offense CRIMINAL CODE, R.S.C. CH. C-46, 446(5) NOTE: In addition to the federal code, there are a number of provisional codes restricting ownership following a conviction.

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