TITLE THIRTEEN. CRIMES AND CRIMINAL PROCEDURE
PART 1. CRIMES
CHAPTER 8. HUMANE AND PROPER TREATMENT OF ANIMALS
SUBCHAPTER 1. CRUELTY
§ 352. Cruelty to animals
A person commits the crime of cruelty to animals if the person:
intentionally kills or attempts to kill any animal belonging to another person
without first obtaining legal authority or consent of the owner;
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;
(3) ties, tethers, or restrains an animal, either a pet or livestock, in
a manner that is inhumane or is detrimental to its welfare. Livestock and poultry
husbandry practices are exempted;
(4) deprives an animal which a person
owns, possesses or acts as an agent for, of adequate food, water, shelter, rest
or sanitation, or necessary medical attention, or transports an animal in overcrowded
(5) owns, possesses, keeps or trains an animal engaged in an
exhibition of fighting, or possesses, keeps or trains any animal with intent that
it be engaged in an exhibition of fighting, or permits any such act to be done
on premises under his or her charge or control;
(6) acts as judge or spectator
at events of animal fighting or bets or wagers on the outcome of such fight;
as poundkeeper, officer, agent of a humane society or as an owner or employee
of an establishment for treatment, board or care of an animal, knowingly receives,
sells, transfers or otherwise conveys an animal in his or her care for the purpose
of research or vivisection;
(8) intentionally torments or harasses an animal
owned or engaged by a police department or public agency of the state or its political
subdivisions, or interferes with the lawful performance of a police animal;
knowingly sells, offers for sale, barters or displays living baby chicks, ducklings
or other fowl which have been dyed, colored or otherwise treated so as to impart
to them an artificial color, or fails to provide poultry with proper brooder facilities;
(10) uses a live animal as bait or lure in a race, game or contest, or
in training animals in a manner inconsistent with Part 4 of Title 10 or the rules
§ 352a. Aggravated cruelty to animals
A person commits the crime of aggravated cruelty to animals if the person
intentionally kills an animal by means causing the animal undue pain or suffering.
353. Degree of offense; sentencing upon conviction
Except as provided in subdivision (3) of this subsection, cruelty to animals under
section 352 of this title shall be punishable by a sentence of imprisonment of
not more than one year, or a fine of not more than $ 2,000.00, or both. Second
and subsequent convictions shall be punishable by a sentence of imprisonment of
not more than two years or a fine of not more than $ 5,000.00, or both.
Aggravated cruelty under section 352a of this title shall be punishable by a sentence
of imprisonment of not more than three years or a fine of not more than $ 5,000.00,
or both. Second and subsequent offenses shall be punishable by a sentence of imprisonment
of not more than five years or a fine of not more than $ 7,500.00, or both.
An offense committed under subdivisions 352(5) and (6) of this title shall be
punishable by a sentence of imprisonment of not more than 5 years, or a fine of
not more than $ 5,000.00, or both.
(b) In addition to any other sentence
the court may impose, the court may require a defendant convicted of a violation
under section 352 or 352a of this title to:
- (1) Forfeit any rights
to the animal subjected to cruelty, and to any other animal, except livestock
or poultry owned, possessed, or in the custody of the defendant.
Repay the reasonable costs incurred by any person, municipality or agency for
providing care for the animal prior to judgment. If the court does not order a
defendant to pay all the applicable costs incurred or orders only partial payment,
it shall state on the record the reasons for that action.
Forfeit any future right to own, possess, or care for any animal for a period
which the court deems appropriate.
- (4) Participate in available
animal cruelty prevention programs or educational programs, or both, or obtain
psychiatric or psychological counseling, within a reasonable distance from the
defendant's residence. The court may impose the costs of such programs or counseling
upon the defendant when appropriate.
- (5) Permit periodic unannounced
visits for a period up to one year by a humane officer to inspect the care and
condition of any animal permitted by the court to remain in the care, custody,
or possession of the defendant. Such period may be extended by the court upon
motion made by the state.
(c) Upon an order of forfeiture of an animal under this section
or section 354 of this title, the court shall order custody of the
animal remanded to a humane society or other individual deemed appropriate
by the court, for further disposition in accordance with accepted
practices for humane treatment of animals. A transfer of rights
under this section constitutes a transfer of ownership, and shall
not constitute or authorize any limitation upon the right of the
humane society, individual, or other entity, to whom rights are
granted to dispose of the animal.
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