TITLE 18. CRIMINAL CODE
ARTICLE 9. OFFENSES AGAINST PUBLIC PEACE, ORDER, AND DECENCY
PART 2. CRUELTY TO ANIMALS
Cruelty to animals - aggravated cruelty to animals - neglect of
animals - offenses - repeal
(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, 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
(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:
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
(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.
(2) (a) Except
as otherwise provided in paragraph (b) of this subsection (2), cruelty
to animals is a class 1 misdemeanor.
(a.5) (I) (A)
In addition to the sentence imposed pursuant to this subsection
(2), any person convicted of aggravated cruelty to animals pursuant
to subsection (1.5) of this section shall pay a surcharge of up
to four hundred dollars to the clerk of the court in the county
in which the conviction occurs or in which a deferred sentence is
entered. Each clerk shall transmit the moneys to the court administrator
of the judicial district in which the offense occurred for credit
to the fund.
(B) This subparagraph
(I) is repealed, effective 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
in this paragraph (a.5) shall preclude the court from ordering treatment
in any appropriate case.
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,
(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.
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.
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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