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State Cruelty Laws Nebraska-Wyoming
Please note that these laws were last updated in 2003
Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon (Model Law) Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming
Nebraska
http://statutes.unicam.state.ne.us/corpus/chapall/chap28.html (Scroll down about 2/3 of the page for the correct statute.)
Neb. Rev Stat. 28-1008 et seq.
Cruelty to animals (Cruelly Mistreat) is defined as: "knowingly and intentionally kill, maim, disfigure, torture, beat, mutilate, burn, scald, or otherwise inflict harm upon any animal." Cruelly neglect is defined as: "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." Abandonment or cruel neglect is a Class I Misdemeanor with a fine up to $1000 and/or imprisonment up to 1 year. Cruelty to animals is a Class I Misdemeanor with a fine up to $1000 and/or imprisonment up to 1 year. A second or subsequent offense is a Class IV Felony with a fine up to $10,000 and/or imprisonment up to 5 years.
If the cruel mistreatment involves "the knowing and intentional torture, repeated beating, or mutilation of the animal" it is a Class IV Felony. Engagement in any capacity that supports or promotes animal fighting is a Class IV Felony. In addition, any employee of a governmental adult or child protective services, animal control or abuse agency is required to report any instance where they observe or reasonably suspect animal neglect, abandonment or abuse is required to report it, and will not be held liable if the report is made in good faith. Exemptions are made for care or treatment by a licensed veterinarian, research, reasonable force against a working animal, killing an animal that is injuring or posing an immediate threat to another person or animal as long as said animal is outside it's owner's property, humane killing of an animal by the owner or at the owner's request, commonly accepted practices of: care or treatment of a police animal, hunting, fishing or trapping, rodeos, animal racing or pulling contests, animal husbandry for farm animals, practices occurring in conjunction with slaughter for food or byproducts, and training purposes.
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Nevada
http://www.leg.state.nv.us/NRS/NRS-574.html#NRS574Sec050
Nev. Rev. Stat. 574.050 et seq.
Cruelty to animals is defined as: "Overdrive, overload, torture, cruelly beat or unjustifiably injure, maim, mutilate or kill an animal, whether belonging to himself or to another; deprive an animal of necessary sustenance, food or drink, or neglect or refuse to furnish it such sustenance or drink; or abandon an animal" or cause, instigate or encourage such acts. The first offense is a Misdemeanor with a $200 to $1000 fine, imprisonment from 2 days to 6 months, and community service of 48 to 120 hours. The second offense within 7 years is a Misdemeanor with a fine of $500 to $1000, imprisonment of 10 days to 6 months, and community service for 100 to 200 hours. A third or subsequent offense within 7 years is a Class C Felony with a fine up to $10,000 and/or imprisonment for 1 to 5 years. Exemptions are made for rodeos, livestock show, normal practices of ranching, hunting, dangerous animals, research, and veterinary care.
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New Hampshire
http://gencourt.state.nh.us/rsa/html/lxii/644/644-8.htm
NH Rev. Stat. Ann. 644:8 (Criminal Code)
Cruelty to animals is defined as: "deprived any animal in his possession or custody necessary care, sustenance or shelter; Negligently beats, cruelly whips, tortures, mutilates or in any other manner mistreats or causes to be mistreated any animal; overdrives, overworks, drives when overloaded, or otherwise abuses or misuses any animal intended for or used for labor; transports any animal in his possession or custody in a manner injurious to the health, safety or physical well-being of such animal; 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 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." Cruelty to animals is a Misdemeanor with a fine up to $2000 and/or imprisonment up to 1 year. A second or subsequent offense, or "purposely beats, cruelly whips, tortures, or mutilates" or causes the same is a Class B Felony, with a fine up to $4000 and/or imprisonment up to 7 years. In addition, an animal may be confiscated, and decided whether or not the person should be allowed to maintain custody of the animal. The court may decide to bar them from owning animals for a period of time. Exemptions are made for licensed veterinarians.
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New Jersey
http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=97055&depth=2&expandheadings=off&headingswithhits=on&infobase=statutes.nfo&softpage=TOC_Frame_Pg42 (Easiest way to navigate this site is to enter "animal cruelty" into the search box at the bottom of this page, then find 4:22-17 and 4:22-26.)
NJ Rev. Stat. Ann. 4:22-17 & 4:22-26
Cruelty to animals is defined as: "Overdrive, overload, drive when overloaded, overwork, deprive of necessary sustenance, abuse, or needlessly kill a living animal or creature; or 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." Cruelty to animals is a Disorderly Persons Offense with a fine from $250 to $1000 and/or imprisonment up to 6 months. If the animal or creature is cruelly killed or dies as a result of actions, 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 subject to a 3-5 year term of imprisonment and/or a $15,000 fine.
Aggravated Cruelty is defined as: "Torment, torture, maim, hang, unnecessarily or cruelly beat, needlessly mutilate, or cruelly kill a living animal or creature; or cause or procure any such acts to be done." Aggravated cruelty is a Felony Crime of the Fourth Degree with a fine up to $1000 and/or up to 18 months imprisonment. For both offenses, 30 days of community service is an option of the court, who may order such community service be served to the benefit of the New Jersey Society for the Prevention of Animal Cruelty (SPCA), the offender must pay for the cost of care for the animal, and juveniles guilty of Aggravated Cruelty must receive psychological counseling. In addition, Statute 4:22-26 mandates a fine of $500 for abandonment of a domestic animal, or $1000 if abandonment occurs by a roadway. Exemptions are made for farming, exhibitions, equestrian teams and pet shops.
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New Mexico
http://www.conwaygreene.com/nmsu/lpext.dll?f=templates&fn=main-hit-h.htm&2.0 (Use the + to go to the correct statute, Statutory Chapters in New Mexico, Chapter 30, Article 18, 30-18-1)
NM Stat. Ann. 30-18-1 (Statutes, Statutory Chapters, Chapter 30, Article 30)
Cruelty to animals is defined as: "negligently mistreating, injuring, killing without lawful justification or tormenting an animal; or abandoning or failing to provide necessary sustenance to an animal under that person's custody or control."
Extreme cruelty to animals is defined as: "intentionally or maliciously torturing, mutilating, injuring or poisoning an animal; or maliciously killing an animal. maliciously killing an animal." Cruelty to animals is a Misdemeanor with a fine up to $1000 and/or imprisonment up to 1 year. On a fourth or subsequent conviction of cruelty to animals, or extreme cruelty to animals, it is a 4th Degree Felony with a fine up to $5000 and/or imprisonment up to 18 months. The court may also order participation, at the convicted's expense, in an animal cruelty prevention program or an animal cruelty education program, and/or undergo psychological treatment. Children must be assessed and treated psychologically. Exemptions are made for humanely destroying a sick or injured animal, protecting a person or animal from injury or death, fishing, hunting, falconry, taking and trapping, the practice of veterinary medicine, rodent or pest control, accepted agricultural animal husbandry practices, rodeo practices and research facilities.
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New York
http://assembly.state.ny.us/leg/?cl=4&a=58
New York State Consolidated Laws Article 26, Chapter 353 & 353-a
Cruelty to animals is defined as: "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" such acts. This is a Misdemeanor, punishable with a fine of up to $1000 and/or imprisonment up to 1 year.
Aggravated cruelty to animals is defined as: "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: is intended to cause extreme physical pain; or is done or carried out in an especially depraved or sadistic manner." This is a Felony punishable with a fine up to $5000 and/or imprisonment up to 5 years. Exemptions are made for research, hunting, trapping, or fishing, the dispatch of rabid or diseased animals, veterinary care, or the dispatch of animals posing a threat to human safety or other animals.
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North Carolina
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-360.html
NC Gen Stat 14-360 et seq.
Cruelty to animals is defined as: "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," which is a Class 1 Misdemeanor with fines and imprisonment at the discretion of the court.
Additionally, "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," is a Class 1 Felony with fines and imprisonment at the discretion of the court. Exemptions are made for hunting, fishing and trapping, biomedical research, training, production of livestock, poultry and aquatic species, food production, veterinary purposes.
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North Dakota
http://www.state.nd.us/lr/cencode/T36C211.pdf
ND Century Code 36-21-1-01 et seq
Cruelty to animals is defined as: "overdrive, overload, torture, cruelly beat, neglect, or unjustifiably; injure, maim, mutilate, or kill any animal, or cruelly work any animal when unfit for labor; deprive any animal over which the person has charge or control of necessary food, water, or shelter; keep any animal in any enclosure without exercise and wholesome change of air; abandon any animal; allow any maimed, sick, infirm, or disabled animal of which the person is the owner, or of which the person has custody, to lie in any street, road, or other public place for more than three hours after notice." Also included are statutes for Cruelty in Transportation, Unattended Dog or Cat in a Motor Vehicle, Poisoning Animals, Exposure of Animals (neglect), Cockfights, Dogfights, Artificially Colored Animals, Use Of Certain Birds As Advertising Devices - Use Of Live Beef Or Dairy Cattle As Raffle Prizes - Gifts Of Animals. Cruelty to animals is a Class A Misdemeanor with up to $2000 in fines and up to 1 year imprisonment.
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Ohio
http://onlinedocs.andersonpublishing.com/oh/lpExt.dll?f=templates&fn=main-h.htm&cp=PORC (Select Title [9] IX - Agriculture - Animals - Fences, then Chapter 959)
Ohio Rev. Code Ann 959.01
Cruelty to animals is defined as: "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; affording it access to shelter; carry or convey an animal in a cruel or inhuman[e] manner." (Note, there are other provisions which govern the conditions in which production animals are cared for and transported.) Cruelty to animals is a 2nd degree Misdemeanor with a fine up to $750 and/or imprisonment up to 90 days.
Cruelty to companion animals is defined as: "knowingly torture, torment, needlessly mutilate or maim, cruelly beat, poison, needlessly kill, or commit an act of cruelty against a companion animal." The first offense is a 1st degree Misdemeanor with a fine up to $1000 and/or imprisonment up to 90 days. A second or subsequent offense is a 5th degree Felony with a fine up to $2500 and/or imprisonment up to 12 months. Any fines collected from this offense 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. Exemptions are made for scientific research, veterinary care, dogs used for hunting or field trials, farming and veterinary care. Abandoning an animal is a minor Misdemeanor with a fine up to $100.
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Oklahoma
http://www.oscn.net/applications/oscn/deliverdocument.asp?citeID=70042
OK State Title 21: 1685 et seq.
Cruelty to animals is defined as: "overdrive, overload, 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 himself or to another, or deprive any such animal of necessary food, drink or shelter, or who shall cause, procure or permit, or who shall willfully set on foot, instigate, engage in, or in any way further any act of cruelty to any animal." This is a Felony with a fine up to $5,000, or imprisonment in a county jail for up to one year, or imprisonment in a state penitentiary for up to 5 years. Abandoning an animal or cruelty in transit is a Misdemeanor with a fine of $100 to $500, and/or imprisonment up to 1 year. In addition, the person may be required to pay for cost of care and boarding of the victimized animal. There are no exemptions.
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Oregon
http://landru.leg.state.or.us/ors/167.html (Scroll about 1/2 way down the page for "Offenses Against Animals")
OR Rev. Stat. 167.310 et seq (scroll down quite a ways to find the correct statute)
Oregon has quite comprehensive and specific laws regarding animal abuse.
Animal abuse in the second degree is defined as: "intentionally, knowingly or recklessly causes physical injury to an animal." This is a Class B Misdemeanor with a fine up to $2000 and/or imprisonment up to 6 months. Exemptions are made for good animal husbandry.
Animal abuse in the first degree is defined as: "intentionally, knowingly or recklessly: causes serious physical injury to an animal; or cruelly causes the death of an animal." This is a Class A Misdemeanor with a fine up to $5000 and/or imprisonment up to 1 year. However, animal abuse in the first degree is a Class C Felony with a fine up to $100,000 and/or imprisonment up to 5 years IF the person has been convicted of two or more of the following: Assault in the first, second, third or fourth degree if the case involved domestic violence or was committed against a minor child; if the animal abuse was knowingly committed in the presence (was seen or directly perceived) of a minor child or has previous convictions of animal abuse in the first degree or aggravated animal abuse in the first degree.
Aggravated animal abuse in the first degree is defined as: "Maliciously kills an animal; or intentionally or knowingly tortures an animal." This is a Class C Felony, with a fine up to $100,000 and/or imprisonment up to 5 years.
Animal neglect in the second degree is defined as: "intentionally, knowingly, recklessly or with criminal negligence fails to provide minimum care for an animal in such person's custody or control." This is a Class B Misdemeanor with a fine up to $2000 and/or imprisonment up to 6 months.
Animal neglect in the first degree is defined as: "intentionally, knowingly, recklessly or with criminal negligence fails to provide minimum care for an animal in the person's custody or control and the failure to provide care results in serious physical injury or death to the animal." This is a Class A Misdemeanor with a fine up to$5000 and/or imprisonment up to 1 year.
In addition to the above penalties, any person convicted of a misdemeanor in animal cruelty or neglect is prohibited from possessing a domestic animal for a period of 5 years following the conviction. Any person convicted of a felony in animal abuse may not possess a domestic animal for a period of 15 years following the conviction. Other sentencing provisions include animal cruelty prevention programs, cost of care to the animal, and psychological counseling.
Exemptions are made for any practice of good animal husbandry, scientific research, veterinary medicine, commercially grown poultry, hunting and fishing.
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Pennsylvania
http://members.aol.com/StatutesP7/18PA5511.html
18 PA Cons. Stat. 5511
Cruelty to animals is defined as: "wantonly or cruelly illtreats, overloads, beats, otherwise abuses any animal, or neglects any animal as to which he has a duty of care, whether belonging to himself or otherwise, or abandons any animal, or deprives any animal of necessary sustenance, drink, shelter or veterinary care, or access to clean and sanitary shelter which will protect the animal against inclement weather and preserve the animal's body heat and keep it dry." This is a summary offense with a fine of $50-750 and/or imprisonment up to 90 days.
It is a Misdemeanor in the second degree if a person: "Kills, maims or disfigures any domestic animal of another person or any domestic fowl of another person; administers poison to or exposes any poisonous substance with the intent to administer such poison to any domestic animal of another person or domestic fowl of another person; harasses, annoys, injures, attempts to injure, molests or interferes with a dog guide, hearing dog or service dog." This is punishable with a fine of not less than $500.
It is a Felony in the third degree if a person: "Kills, maims or disfigures any zoo animal in captivity; or administers poison to or exposes any poisonous substance with the intent to administer such poison to any zoo animal in captivity." This is punishable by a fine up to $15,000 and/or up to 7 years in prison.
It is a Misdemeanor in the first degree if a person: "Kills, maims, mutilates, tortures or disfigures any dog or cat, whether belonging to himself or otherwise; or administers poison to or exposes any poisonous substance with the intent to administer such poison to any dog or cat, whether belonging to himself or otherwise" This is punishable by a fine of not less than $1,000 and/or imprisonment for up to 2 years. A subsequent conviction is a Felony in the 3rd Degree, punishable by a fine up to $15,000 and/or imprisonment up to 7 years.
Exemptions to these clauses are veterinary care, protecting other domestic animals or fowl, game laws, pest control, and farming.
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Rhode Island
http://www.rilin.state.ri.us/Statutes/TITLE4/4-1/
Rhode Island Gen Stat. 4-1-1 et. Seq.
Unnecessary Cruelty is defined as: "Overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, cruelly beats, mutilates or cruelly kills, or causes or procures to be so overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of necessary sustenance, cruelly beaten, mutilated or cruelly killed, any animal, and whoever, having the charge or custody of any animal, either as owner or otherwise, inflicts cruelty upon that animal, or willfully fails to provide that animal with proper food, drink, shelter or protection from the weather." This is punishable with a fine from $50 to $500 and/or imprisonment up to 11 months for each offense.
Malicious Injury To Or Killing Of Animals is defined as: "cuts out the tongue or otherwise dismembers any animal, maliciously, or maliciously kills or wounds any animal, or maliciously administers poison to or exposes any poisonous substance with intent that the poison shall be taken or swallowed by any animal, or who maliciously exposes poisoned meat with intent that the poison meat is taken or swallowed by any wild animal." This is punishable with a fine up to $1,000 and/or imprisonment up to 2 years, shall be liable to the owner of the animal for triple damages in civil court, and serve 10 hours of community service which is not deferrable. Exemptions are made for licensed hunters during hunting season and businesses licensed to kill animals for human consumption.
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South Carolina
http://www.scstatehouse.net/code/t47c001.htm
S.C. Code Ann. 47-1-10 et seq.
Ill treatment of animals, generally, is defined as: "knowingly or intentionally overloads, overdrives, overworks, ill-treats any animal, deprives any animal of necessary sustenance or shelter, inflicts unnecessary pain or suffering upon any animal, or by omission or commission knowingly or intentionally causes these things to be done." Each offense is a misdemeanor and is punishable by imprisonment for up to 60 days and/or a fine of $100 to $500 for the first offense; imprisonment not exceeding 90 days and/or a fine up to $800 for a second offense; and imprisonment up to 2 years and/or a fine up to $2000 for a third or subsequent offense.
A second provision to Ill Treatment of Animals is: "Whoever tortures, torments, needlessly mutilates, cruelly kills, or inflicts excessive or repeated unnecessary pain or suffering upon any animal or by omission or commission causes the acts to be done." This is a felony punishable by imprisonment of not less than 180 days and not to exceed 5 years AND a fine of $5000. Exemptions are made for fowl, accepted animal husbandry practices of farm operations and the training of animals, the practice of veterinary medicine, agricultural practices, forestry and silvacultural practices, wildlife management practices.
Abandonment or neglect of providing "the necessities of life", defined as adequate water, food and shelter is a misdemeanor and is punishable by a fine of $200 to $500 OR imprisonment up to 30 days.
If a non-profit animal humane organization is involved in prosecuting the individual, 1/2 of the fine imposed shall be given to that organization.
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South Dakota
http://legis.state.sd.us/statutes/Index.cfm?FuseAction=DisplayStatute&FindType=Statute&txtStatute=40-1
SD Codified Laws 40-1-1 et seq.
Cruelty to animals is defined as: "mistreatment, torture, or cruelty of an animal is any act or omission whereby unnecessary, unjustifiable, or unreasonable physical pain or suffering is caused, permitted, or allowed to continue including acts of mutilation." Inhumane treatment is defined as: "any act of mistreatment, torture, cruelty, neglect, abandonment, mutilation, or inhumane slaughter." Poisoning, intentionally killing and inhumane treatment of an animal are all Class 1 Misdemeanors, with a fine up to $1000 and/or imprisonment up to 1 year. Exceptions are made for generally accepted proctices of training, use of animal, animal husbandry, farming, hunting, protection of life, limb or property, research and veterinary care.
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Tennessee
http://198.187.128.12/tennessee/lpext.dll?f=templates&fn=fs-main.htm&2.0 (Use the + to select the correct statute, Tennessee Code, Title 39, Chapter 14, Part 2, then choose the statute you wish to view.)
Tenn Code Ann 39-14-202; 39-14-212
Cruelty to animals is defined as: "Tortures, maims or grossly overworks an animal; Fails unreasonably to provide necessary food, water, care or shelter for an animal in the person's custody; Abandons unreasonably an animal in the person's custody; Transports or confines an animal in a cruel manner; or inflicts burns, cuts, lacerations, or other injuries or pain, by any method, including blistering compounds to the legs or hooves of horses in order to make them sore." This is a Class A Misdemeanor punishable with a fine up to $2500 and/or 11 months, 29 days to 30 years imprisonment. A second or subsequent conviction is a Class E Felony a fine up to $3000 and/or imprisonment up to 6 years.
Aggravated cruelty to animals is defined as "with aggravated cruelty and with no justifiable purpose, such person intentionally kills or intentionally causes serious physical injury to a companion animal; or failure to provide food or water to a companion animal resulting in death or substantial risk of death." This is a Class E Felony punishable with a fine up to $3000 and/or imprisonment up to 6 years. Additional sentencing provisions for both include psychological counseling, cost of care, forfeiture of animal, limited future animal ownership, and an award of up to $4000 in non-economic damages to a person whose companion animal is killed or sustained injury. Exemptions are made for veterinary practices, medical treatment, bona fide scientific research, usual and customary practices of agriculture or veterinary medicine, lawful fishing, hunting and trapping, dispatching of rabid or diseased animals, disposing of animals posing and clear and immediate threat to humans, dispatching wild or abandoned animals on a farm or residential property.
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Texas
http://www.capitol.state.tx.us/statutes/pe.toc.htm (Scroll down to Chapter 9, Chapter 42, Section 42.009 and click the link)
Texas Penal Code, Title 9, Chapter 42, 42.09
Cruelty to animals is defined as: " (1) tortures an animal; (2) fails unreasonably to provide necessary food, care, or shelter for an animal in the person's custody; (3) abandons unreasonably an animal in the person's custody; (4) transports or confines an animal in a cruel manner; (5) kills, seriously injures, or administers poison to an animal, other than cattle, horses, sheep, swine, or goats, belonging to another without legal authority or the owner's effective consent; (6) causes one animal to fight with another; (7) uses a live animal as a lure in dog race training or in dog coursing on a racetrack; (8) trips a horse; (9) injures an animal, other than cattle, horses, sheep, swine, or goats, belonging to another without legal authority or the owner's effective consent; or (10) seriously overworks an animal." Sections (2), (3), (4), (9), or (10) (provide necessary food, care, shelter; abandons; transports in a cruel manner; injures, or seriously overworks) are a Class A Misdemeanor with a fine up to $4000 and/or imprisonment up to 1 year. The third conviction of the above is a State Jail Felony, with a fine up to $10,000 and/or imprisonment from 180 days to 2 years. Sections (1), (5), (6), (7), or (8) (tortures; kills, seriously injures or poisons; animal fighting; uses as a lure; trips a horse) is a State Jail Felony with a fine up to $10,000 and/or imprisonment from 180 days to 2 years. A third conviction of the above is a Felony of the Third Degree with a fine up to $10,000 and/or imprisonment from 2 to 10 years. Exemptions are made for bona fide scientific research, protection of property or persons, fishing, hunting or trapping, wildlife control, and animal husbandry.
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Utah
http://www.le.state.ut.us/~code/TITLE76/htm/76_0B011.htm
Utah Code Ann. 76-9-301
Cruelty to animals is defined as: "intentionally, knowingly, recklessly, or with criminal negligence: fails to provide necessary food, care, or shelter for an animal in his custody; abandons an animal in the person's custody; transports or confines an animal in a cruel manner; injures an animal; causes any animal, not including a dog, to fight with another animal of like kind for amusement or gain; or causes any animal, including a dog, to fight with a different kind of animal or creature for amusement or gain." If these acts are committed "intentionally or knowingly", it is a Class B Misdemeanor with a fine up to $1000 and/or imprisonment up to 6 months. If these acts are committed "recklessly or with criminal negligence" it is a Class C Misdemeanor with a fine up to $750 and/or imprisonment up to 90 days.
Aggravated Cruelty is defined as: "tortures an animal; administers poison or poisonous substances to an animal without having a legal privilege to do so; kills or causes to be killed an animal without having a legal privilege to do so." If these acts are committed "intentionally or knowingly" it is a Class A Misdemeanor with a fine up to $2500 and/or imprisonment up to 1 year. If these acts are committed "recklessly" it is a Class B Misdemeanor with a fine up to $1000 and/or imprisonment up to 6 months. If these acts are committed "with criminal negligence" it is a Class C Misdemeanor with a fine up to $750 and/or imprisonment up to 90 days.
Other penalties that may be used at the court's discretion: psychiatric or psychological counseling; forfeit any rights to the animal; repay the reasonable costs incurred in caring for each animal; no longer possess or retain custody of any animal during the period of probation or parole or other period.
Exemptions are made for veterinary practice, bona fide scientific research, protection of livestock, fowl or domestic animals, humanely destroying a suffering animal which is beyond recovery, and animal training.
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Vermont
http://www.leg.state.vt.us/statutes/sections.cfm?Title=13&Chapter=008
Vt. St. Ann. Title 13, Chapter 8, 351 et seq.
Cruelty to animals is defined as: "intentionally kills or attempts to kill any animal belonging to another person without first obtaining legal authority or consent of the owner; overworks, overloads, tortures, torments, abandons, administers poison to, cruelly beats or mutilates an animal, exposes a poison with intent that it be taken by an animal; ties, tethers, or restrains an animal, either a pet or livestock, in a manner that is inhumane or is detrimental to its welfare; deprives an animal of adequate food, water, shelter, rest or sanitation, or necessary medical attention, or transports an animal in overcrowded vehicles; owns, possesses, keeps or trains an animal engaged in an exhibition of fighting; acts as judge or spectator at events of animal fighting or bets or wagers on the outcome of such fight; as poundkeeper, officer, agent of a humane society or as an owner or employee of an establishment for treatment, board or care of an animal, knowingly receives, sells, transfers or otherwise conveys an animal in his or her care for the purpose of research or vivisection; intentionally torments or harasses an animal owned or engaged by a police department or public agency of the state or its political subdivisions, or interferes with the lawful performance of a police animal; knowingly sells, offers for sale, barters or displays living baby chicks, ducklings or other fowl which have been dyed, colored or otherwise treated so as to impart to them an artificial color, or fails to provide poultry with proper brooder facilities; uses a live animal as bait or lure in a race, game or contest." The classification of the crimes are not defined in the statutes. Cruelty to animals is punishable with a fine up to $2000 and/or imprisonment for up to 1 year. A second or subsequent is punishable with a fine up to $5000 and/or imprisonment up to 2 years. Animal fighting (either statute) is punishable with a fine of up to $5000 and/or imprisonment up to 5 years.
Aggravated cruelty to animals is defined as: "intentionally kills an animal by means causing the animal undue pain or suffering; or intentionally, maliciously, and without just cause tortures, mutilates, or cruelly beats an animal." Aggravated cruelty to animals is punishable with a fine up to $5000 and/or imprisonment up to 3 years. A second or subsequent conviction is punishable with a fine up to $7500 and/or imprisonment up to 5 years. Other sentencing provisions include: forfeiture of animal possessed or owned, cost of care, forfeiture of future rights to own or possess animals for a period determined by the court, animal cruelty prevention or educational program, psychological counseling, periodic and unannounced inspections by a humane officer. Exemptions are made for activities regulated by Fish & Wildlife, scientific research, animal husbandry, veterinary medicine or surgical procedures, protection of person or other domestic animals, rabid animals, pest control, euthanasia by organized humane society, pound or shelter.
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Virginia
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+3.1-796.122
VA. Code Ann. 3.1-796.122
Cruelty to animals is defined as: "overrides, overdrives, overloads, tortures, ill-treats, abandons, willfully inflicts inhumane injury or pain, or cruelly or unnecessarily beats, maims, mutilates, or kills any animal, whether belonging to himself or another; deprives any animal of necessary food, drink, shelter or emergency veterinary treatment; sores any equine for any purpose or administers drugs or medications to alter or mask such soring for the purpose of sale, show, or exhibition of any kind, unless such administration of drugs or medications is within the context of a veterinary client-patient relationship and solely for therapeutic purposes; willfully sets on foot, instigates, engages in, or in any way furthers any act of cruelty to any animal; carries or causes to be carried in or upon any vehicle, vessel or otherwise any animal in a cruel, brutal, or inhumane manner; or causes or permits any of the above things," or killing a dog or cat for it's hide, fur or pelt. This is a Class 1 Misdemeanor with a fine up to $2500 and/or imprisonment up to 1 year.
A second or subsequent conviction of the above, or who "tortures, willfully inflicts inhumane injury or pain not connected with bona fide scientific or medical experimentation, or cruelly and unnecessarily beats, maims, mutilates or kills any animal whether belonging to himself or another;" or does the same to a dog or cat "that is a companion animal and as a direct result causes the death" or euthanasia of that animal is a Class 6 Felony with a fine up to $2500. Other sentencing provisions include anger management or psychological counseling, and being prohibited from possessing or owning companion animals. Exemptions are made for veterinary practice, dehorning of cattle, wildlife management, hunting, fishing and trapping, farming activities, and protection of life or property.
Abandonment of an animal was removed from cruelty to animals and it is now classified as highway littering, with a fine from $250 to $2500 and/or imprisonment for up to 12 months, however the court may suspend any sentence on the condition that the defendant volunteer to remove litter from the highway.
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Washington
http://www.leg.wa.gov/RCW/index.cfm?fuseaction=chapterdigest&chapter=16.52
Wash. Rev. Code 16.52.011 et. seq.
Sentencing Provisions: 16.52.200
Animal Cruelty in the First Degree: 16.52.205
Animal Cruelty in the Second Degree: 16.52.207
Animal Cruelty in the First Degree is defined as: "intentionally inflicts substantial pain on, causes physical injury to, or kills an animal by a means causing undue suffering, or forces a minor to inflict unnecessary pain, injury, or death on an animal." This is a Class C Felony, with a fine up to $10,000 and/or imprisonment up to 5 years.
Animal Cruelty in the Second Degree is defined as: "under circumstances not amounting to first degree animal cruelty, the person knowingly, recklessly, or with criminal negligence inflicts unnecessary suffering or pain upon an animal, fails to provide the animal with necessary food, water, shelter, rest, sanitation, ventilation, space, or medical attention and the animal suffers unnecessary or unjustifiable physical pain as a result of the failure; or abandons the animal." This is a Misdemeanor with a fine up to $1000 and/or imprisonment up to 90 days. However, "In any prosecution of animal cruelty in the second degree, it shall be an affirmative defense, if established by the defendant by a preponderance of the evidence, that the defendant's failure was due to economic distress beyond the defendant's control."
In addition to the above sentencing provisions, the following are also included: If convicted of a misdemeanor or gross misdemeanor, the court may decide to defer the above sentencing provisions in lieu of 2 years' probation; in cases of multiple misdemeanor convictions, the sentences shall be consecutive, but the probation period shall remain 2 years; forfeiture of all animals held if any one of the animals dies as a result of the actions by the convicted or if there is a prior conviction under these provisions, if animals are forfeited the convicted shall not be permitted to own or care for similar animals for 2 years; cost of care, euthanasia or adoption; civil penalty of $1000 that will go to the SPCA; animal cruelty or prevention educational program.
Exceptions are made for "game laws", killing of venomous reptiles, protection of life, limb or property, killing animals for food, scientific research, animal husbandry, and rodeo.
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West Virginia
http://www.legis.state.wv.us/WVCODE/61/masterfrm2Frm.htm (Scroll down list on the left to 61-8- 19.)
W. VA Code 61-8-19
Cruelty to animals is defined as: "cruelly mistreats, abandons or withholds proper sustenance, including food, water, shelter or medical treatment necessary to sustain normal health and fitness or to end suffering or abandons any animal to die, or uses, trains or possesses any domesticated animal for the purpose of seizing, detaining or maltreating any other domesticated animal." This is a Misdemeanor with a fine of $300 to $1000 and/or imprisonment up to 6 months. A second conviction is a Misdemeanor with a fine of $500 to $1000 and/or imprisonment of 90 days to 1 year. Imprisonment is mandatory. With a second or subsequent conviction, the convicted cannot be granted probation until they have undergone a complete psychiatric or psychological evaluation that is reviewed by the court.
There is a Felony provision for "intentionally tortures or maliciously kills an animal, or causes, procures or authorizes any other person to torture or maliciously kill an animal... For the purposes of this subsection, "torture" means an action taken for the primary purpose of inflicting pain." This Felony conviction carries a fine of $1000 to $5000 and imprisonment of 1 to 3 years. Additional sentencing provisions include forfeiture of the animals, cost of care, prohibition of possession or ownership of animals for 5 years if convicted of a Misdemeanor, 15 years if convicted of a Felony. Exemptions are made for veterinary care, hunting, fishing, trapping, animal training, farming, game farms, and scientific research.
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Wisconsin
http://folio.legis.state.wi.us/cgi-bin/om_isapi.dll?clientID=96087&hitsperheading=on&infobase=stats.nfo&jump=951.02&softpage=
Wis Stat. 951.02 et. seq.
Cruelty to animals is defined as: "No person may treat any animal, whether belonging to the person or another, in a cruel manner." Intentional or negligent violation is a Class A Misdemeanor punishable with a fine up to $10,000 and/or imprisonment up to 6 months. Intentional violation that results in the mutilation, disfigurement or death of an animal is a Class E Felony punishable with a fine up to $10,000 and/or imprisonment up to 2 years. Additional sentencing provisions include forfeiture of animals, cost of care, and forbidding the convicted from owning, possessing or training any animal of the type or species of the abused for not more than 5 years. Exceptions are made for laws regarding wild animals, scientific research and veterinary care.
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Wyoming
http://legisweb.state.wy.us/statutes/titles/title06/chapter03.htm (Scroll ~1/4 down the page for the correct statute.)
Wyo. Stat. 6-3-203
Cruelty to animals is defined as: "knowingly and with intent to cause death, injury or undue suffering: overrides an animal or drives an animal when overloaded; or unnecessarily or cruelly beats, tortures, torments, injures, mutilates or attempts to kill an animal; or carries an animal in a manner that poses undue risk of injury or death; or unnecessarily fails to provide it with the proper food, drink or protection from the weather, or cruelly abandons the animal, or in the case of immediate, obvious, serious illness or injury, fails to provide the animal with appropriate care." Cruelty to animals is a Misdemeanor with a fine up to $750 and/or imprisonment up to 6 months.
Aggravated animal cruelty is defined as: "Owns, possesses, keeps or trains fowls or dogs with the intent to allow the dog or fowl to engage in an exhibition of fighting with another dog or fowl" or attends, permits or promotes such an event. Aggravated cruelty to animals or a second or subsequent offense of cruelty to animals is a high misdemeanor with a fine up to $5000 and/or imprisonment up to 1 year.
Felony cruelty to animals is defined as: "knowingly and with intent to cause death, injury or undue suffering, cruelly beats, tortures, torments, injures or mutilates an animal resulting in the death or required euthanasia of the animal." This is a Felony with a fine up to $5000 and/or imprisonment up to 2 years.
Additional sentencing provisions are: forfeiture of animals, cost of care, and prohibit or limit possession, ownership or custody of animals. Exemptions are made for use of dogs in livestock management, use or training of dogs or raptors for hunting, humanely destroying an animal, industry accepted agricultural and livestock practices, rodeo, hunting or capture or predatory animals or other wildlife not otherwise prohibited.
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