TITLE 6. Crimes and Offenses
CHAPTER 3. Offenses Against
ARTICLE 2. Property Destruction and Defacement
6-3-203. Cruelty to animals; penalties; limitation on manner of destruction
A person commits cruelty to animals if he knowingly and with intent to cause death,
injury or undue suffering:
(i) Overrides an animal or drives an animal
when overloaded; or
(ii) Unnecessarily or cruelly beats, tortures, torments,
injures, mutilates or attempts to kill an animal; or
(iii) Carries an animal
in a manner that poses undue risk of injury or death.
(b) A person commits
cruelty to animals if he has the charge and custody of any animal and 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.
A person commits aggravated cruelty to animals if he:
(i) Repealed by Laws
1987, ch. 91, § 2.
(ii) 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;
(iii) Repealed by Laws 1987, ch. 91, § 2.
(iv) For gain causes or allows any dog or fowl to fight with another dog
(v) Knowingly permits any act prohibited under paragraphs (ii)
or (iv) of this subsection on any premises under his charge or control; or
Promotes any act prohibited under paragraphs (ii) or (iv) of this subsection.
(d) A person shall not destroy an animal by the use of a high-altitude
decompression chamber or a carbon monoxide gas chamber utilizing a gasoline engine.
This subsection is uniformly applicable to all cities and towns.
punishable under subsection (n) of this section, a violation of this section is
a misdemeanor punishable by imprisonment for not more than six (6) months, a fine
of not more than seven hundred fifty dollars ($ 750.00), or both except that a
subsequent offense or aggravated cruelty to animals as defined by subsection (c)
of this section is a high misdemeanor punishable by not more than one (1) year
imprisonment, a fine of not more than five thousand dollars ($ 5,000.00), or both.
(f) Nothing in subsection (c) of this section may be construed to prohibit:
(i) The use of dogs in the management of livestock by the owner of the
livestock, his employees or agents or other persons in lawful custody of the livestock;
(ii) The use of dogs or raptors in hunting; or
(iii) The training
of dogs or raptors or the use of equipment in the training of dogs or raptors
for any purpose not prohibited by law;
(iv) through (vi) Repealed by Laws
2000, ch. 86, § 2.
(g) A person commits cruelty to animals if he is
knowingly present at any place where an exhibition of fighting of fowls or dogs
is occurring for amusement or gain.
(h) If a person convicted of a violation
of this section is also the owner of the animal, the court may require the person
to forfeit ownership of the animal to the county in which the person is convicted.
This subsection shall not affect the interest of any secured party or other person
who has not participated in the offense.
(j) In addition to any sentence
and penalties imposed under subsections (e), (h) and (n) of this section, the
(i) Require the defendant to pay all reasonable costs incurred
in providing necessary food and water, veterinary attention and treatment for
any animal affected; and
(ii) Prohibit or limit the defendant's ownership,
possession or custody of animals, as the court deems appropriate.
animal affected by the defendant's conduct may constitute a separate count for
the purposes of prosecution, conviction, sentencing and penalties under this section.
(m) Nothing in subsection (a), (b) or (n) of this section shall be construed
(i) A person from humanely destroying an animal;
The use of industry accepted agricultural and livestock practices on livestock;
(iii) Rodeo events, whether the event is performed in a rodeo, jackpot
or otherwise; or
(iv) The hunting, capture or destruction of any predatory
animal or other wildlife in any manner not otherwise prohibited by law.
(n) A person commits a felony if he 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. A felony under this subsection
is punishable by not more than two (2) years imprisonment, a fine
of not more than five thousand dollars ($ 5,000.00), or both.
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