Here I am, back again with the third installment of Misty’s Top Ten Not-So-Useless Facts on: Animal Rights Laws Across the U.S. Part III. Keep in mind, that this is a lot of information to take in, but they are all broken down by state if you are just wanting to know about your area. Again, I notice that a lot of the states define animal cruelty in the same way, but some offer stricter penalties for the offenses, while others are somewhat lenient. Please read on, and see for yourself where your state falls.
Maryland – CODE OF MARYLAND
CODE OF 1957
ARTICLE 27. CRIMES AND PUNISHMENTS.
I CRIMES AND PUNISHMENTS
Cruelty to Animals
§ 10-604. Abuse or neglect of animal
(a) Prohibited. — A person may not:
(1) overdrive or overload an animal;
(2) deprive an animal of necessary sustenance;
(3) cause, procure, or authorize an act prohibited under item (1) or item (2) of this subsection; or
(4) if the person has charge or custody of an animal, as owner or otherwise:
(i) inflict unnecessary suffering or pain on the animal; or
(ii) unnecessarily fail to provide the animal with nutritious food in sufficient quantity, necessary veterinary care, proper drink, air, space, shelter, or protection from the weather.
(b) Penalty. –
(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $ 1,000 or both.
(2) As a condition of sentencing, the court may order a defendant convicted of violating this section to participate in and pay for psychological counseling.
§ 10-606. Aggravated cruelty to animals — In general
(a) Prohibited. — A person may not:
(1) intentionally mutilate, torture, cruelly beat, or cruelly kill an animal;
(2) cause, procure, or authorize an act prohibited under item (1) of this subsection; or
(3) except in the case of self-defense, intentionally inflict bodily harm, permanent disability, or death on an animal owned or used by a law enforcement unit.
(b) Penalty. –
(1) A person who violates this section is guilty of the felony of aggravated cruelty to animals and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $ 5,000 or both.
(2) As a condition of sentencing, the court may order a defendant convicted of violating this section to participate in and pay for psychological counseling.
Massachusetts – MASSACHUSETTS GENERAL LAWS
PART IV. CRIMES, PUNISHMENTS AND PROCEEDINGS
IN CRIMINAL CASES
TITLE I. CRIMES AND PUNISHMENTS
CHAPTER 272. CRIMES AGAINST CHASTITY, MORALITY,
DECENCY AND GOOD ORDER
§ 77. Cruelty to Animals.
Whoever overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, cruelly beats, mutilates or kills an animal, or causes or procures an animal to be overdriven, overloaded, driven when overloaded, overworked, tortured,tormented, deprived of necessary sustenance, cruelly beaten, mutilated or killed; and whoever uses in a cruel or inhuman manner in a race, game, or contest, or in training therefor, as lure or bait a live animal, except an animal if used as lure or bait in fishing; and whoever, having the charge or custody of an animal, either as owner or otherwise, inflicts unnecessary cruelty upon it, or unnecessarily fails to provide it with proper food, drink, shelter, sanitary environment, or protection from the weather, and whoever, as owner, possessor, or person having the charge or custody of an animal, cruelly drives or works it when unfit for labor, or willfully abandons it, or carries it or causes it to be carried in or upon a vehicle, or otherwise, in an unnecessarily cruel or inhuman manner or in a way and manner which might endanger the animal carried thereon, or knowingly and willfully authorizes or permits it to be subjected to unnecessary torture, suffering or cruelty of any kind shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both.
In addition to any other penalty provided by law, upon conviction for any violation of this section or of sections seventy-seven A, seventy-eight, seventy-eight A, seventy-nine A, seventy-nine B, eighty A, eighty B, eighty C, eighty D, eighty F, eighty-six, eighty-six A, eighty-six B or ninety-four the defendant may, after an appropriate hearing to determine the defendant’s fitness for continued custody of the abused animal, be ordered to surrender or forfeit to the custody of any society, incorporated under the laws of the commonwealth for the prevention of cruelty to animals or for the care and protection of homeless or suffering animals, the animal whose treatment was the basis of such conviction.
Michigan – MICHIGAN COMPILED LAWS
CHAPTER 750. MICHIGAN PENAL CODE
THE MICHIGAN PENAL CODE
CHAPTER IX. ANIMALS
§ 750.50. Definitions; charge or custody of animal; prohibited conduct; forfeiture of animal; violation as misdemeanor or felony; penalty; order to pay costs; order prohibiting owning or possessing animal for certain period of time; violation of subsection (6); revocation of probation; certain conduct not prohibited by section.
Sec. 50. (1) As used in this section and section 50b:
(a) “Adequate care” means the provision of sufficient food, water, shelter, sanitary conditions, exercise, and veterinary medical attention in order to maintain an animal in a state of good health.
(b) “Animal” means 1 or more vertebrates other than a human being.
(c) “Animal protection shelter” means a facility operated by a person, humane society, society for the prevention of cruelty to animals, or any other nonprofit organization for the care of homeless animals.
(d) “Animal control shelter” means a facility operated by a county, city, village, or township to impound and care for animals found in streets or otherwise at large contrary to any ordinance of the county, city, village, or township or state law.
(e) “Licensed veterinarian” means a person licensed to practice veterinary medicine under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.
(f) “Livestock” means that term as defined in the animal industry act of 1987, 1988 PA 466, MCL 287.701 to 287.747.
(g) “Person” means an individual, partnership, limited liability company, corporation, association, governmental entity, or other legal entity.
(h) “Neglect” means to fail to sufficiently and properly care for an animal to the extent that the animal’s health is jeopardized.
(i) “Sanitary conditions” means space free from health hazards including excessive animal waste, overcrowding of animals, or other conditions that endanger the animal’s health. This definition does not include a condition resulting from a customary and reasonable practice pursuant to farming or animal husbandry.
(j) “Shelter” means adequate protection from the elements and weather conditions suitable for the age, species, and physical condition of the animal so as to maintain the animal in a state of good health. Shelter, for livestock, includes structures or natural features such as trees or topography. Shelter for a dog shall include 1 or more of the following:
(i) The residence of the dog’s owner or other individual.
(ii) A doghouse that is an enclosed structure with a roof and of appropriate dimensions for the breed and size of the dog. The doghouse shall have dry bedding when the outdoor temperature is or is predicted to drop below freezing.
(iii) A structure, including, but not limited to, a garage, barn, or shed that is sufficiently insulated and ventilated to protect the dog from exposure to extreme temperatures or, if not sufficiently insulated and ventilated, contains a doghouse as provided under subparagraph (ii) that is accessible to the dog.
(k) “State of good health” means freedom from disease and illness, and in a condition of proper body weight and temperature for the age and species of the animal, unless the animal is undergoing appropriate treatment.
(l) “Tethering” means the restraint and confinement of a dog by use of a chain, rope, or similar device.
(m) “Water” means potable water that is suitable for the age and species of animal, made regularly available unless otherwise directed by a veterinarian licensed to practice veterinary medicine.
(2) An owner, possessor, or person having the charge or custody of an animal shall not do any of the following:
(a) Fail to provide an animal with adequate care.
(b) Cruelly drive, work, or beat an animal, or cause an animal to be cruelly driven, worked, or beaten.
(c) Carry or cause to be carried in or upon a vehicle or otherwise any live animal having the feet or legs tied together, other than an animal being transported for medical care, or a horse whose feet are hobbled to protect the horse during transport or in any other cruel and inhumane manner.
(d) Carry or cause to be carried a live animal in or upon a vehicle or otherwise without providing a secure space, rack, car, crate, or cage, in which livestock may stand, and in which all other animals may stand, turn around, and lie down during transportation, or while awaiting slaughter. As used in this subdivision, for purposes of transportation of sled dogs, “stand” means sufficient vertical distance to allow the animal to stand without its shoulders touching the top of the crate or transportation vehicle.
(e) Abandon an animal or cause an animal to be abandoned, in any place, without making provisions for the animal’s adequate care, unless premises are temporarily vacated for the protection of human life during a disaster. An animal that is lost by an owner or custodian while traveling, walking, hiking or hunting shall not be regarded as abandoned under this section when the owner or custodian has made a reasonable effort to locate the animal.
(f) Willfully or negligently allow any animal, including one who is aged, diseased, maimed, hopelessly sick, disabled, or nonambulatory to suffer unnecessary neglect, torture, or pain.
(g) Tether a dog unless the tether is at least 3 times the length of the dog as measured from the tip of its nose to the base of its tail and is attached to a harness or nonchoke collar designed for tethering.
(3) If an animal is impounded and is being held by an animal control shelter or its designee or an animal protection shelter or its designee or a licensed veterinarian pending the outcome of a criminal action charging a violation of this section or section 50b, before final disposition of the criminal charge, the prosecuting attorney may file a civil action in the court that has jurisdiction of the criminal action, requesting that the court issue an order forfeiting the animal to the animal control shelter or animal protection shelter or to a licensed veterinarian before final disposition of the criminal charge. The prosecuting attorney shall serve a true copy of the summons and complaint upon the defendant and upon a person with a known ownership interest or known security interest in the animal or a person who has filed a lien with the secretary of state in an animal involved in the pending action. The forfeiture of an animal under this section encumbered by a security interest is subject to the interest of the holder of the security interest who did not have prior knowledge of, or consent to the commission of the crime. Upon the filing of the civil action, the court shall set a hearing on the complaint. The hearing shall be conducted within 14 days of the filing of the civil action, or as soon as practicable. The hearing shall be before a judge without a jury. At the hearing, the prosecuting attorney has the burden of establishing by a preponderance of the evidence that a violation of this section or section 50b occurred. If the court finds that the prosecuting attorney has met this burden, the court shall order immediate forfeiture of the animal to the animal control shelter or animal protection shelter or the licensed veterinarian unless the defendant, within 72 hours of the hearing, submits to the court clerk cash or other form of security in an amount determined by the court to be sufficient to repay all reasonable costs incurred, and anticipated to be incurred, by the animal control shelter or animal protection shelter or the licensed veterinarian in caring for the animal from the date of initial impoundment to the date of trial. If cash or other security has been submitted, and the trial in the action is continued at a later date, any order of continuance shall require the defendant to submit additional cash or security in an amount determined by the court to be sufficient to repay all additional reasonable costs anticipated to be incurred by the animal control shelter or animal protection shelter or the licensed veterinarian in caring for the animal until the new date of trial. If the defendant submits cash or other security to the court under this subsection the court may enter an order authorizing the use of that money or other security before final disposition of the criminal charges to pay the reasonable costs incurred by the animal control shelter or animal protection shelter or the licensed veterinarian in caring for the animal from the date of impoundment to the date of final disposition of the criminal charges. The testimony of a person at a hearing held under this subsection is not admissible against him or her in any criminal proceeding except in a criminal prosecution for perjury. The testimony of a person at a hearing held under this subsection does not waive the person’s constitutional right against self-incrimination. An animal seized under this section or section 50b is not subject to any other civil action pending the final judgment of the forfeiture action under this subsection.
(4) A person who violates subsection (2) is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $1,000.00 or community service for not more than 200 hours, or any combination of these penalties and the cost of prosecution. A person who violates subsection (2) on a second occasion is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00 or community service for not more than 300 hours, or any combination of these penalties and the cost of prosecution. A person who violates subsection (2) on a third or subsequent occasion is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00 or community service for not more than 500 hours, or any combination of these penalties and the cost of prosecution.
(5) If forfeiture is not ordered pursuant to subsection (3), as a part of the sentence for a violation of subsection (2), the court may order the defendant to pay the costs of the care, housing, and veterinary medical care for the animal, as applicable. If the court does not order a defendant to pay all of the applicable costs listed in this subsection, or orders only partial payment of these costs, the court shall state on the record the reason for that action.
(6) As a part of the sentence for a violation of subsection (2), the court may, as a condition of probation, order the defendant not to own or possess an animal for a period of time not to exceed the period of probation. If a person is convicted of a second or subsequent violation of subsection (2), a court order under this subsection may order the defendant not to own or possess an animal for any period of time which may include permanent relinquishment of animal ownership.
(7) A person who owns or possesses an animal in violation of an order issued under subsection (6) is subject to revocation of probation if the order is issued as a condition of probation. A person who owns or possesses an animal in violation of an order issued under subsection (6) is also subject to the civil and criminal contempt power of the court, and if found guilty of criminal contempt, may be punished by imprisonment for not more than 90 days, or by a fine of not more than $500.00, or both.
(8) This section does not prohibit the lawful killing or other use of an animal, including, but not limited to, the following:
(a) Fishing.
(b) Hunting, trapping, or wildlife control regulated pursuant to the natural resources and environmental protection act, 1994 PA 451, MCL 324.101 to 324.90106.
(c) Horse racing.
(d) The operation of a zoological park or aquarium.
(e) Pest or rodent control.
(f) Farming or a generally accepted animal husbandry or farming practice involving livestock.
(g) Activities authorized pursuant to rules promulgated under section 9 of the executive organization act of 1965, 1965 PA 380, MCL 16.109.
(h) Scientific research pursuant to 1969 PA 224, MCL 287.381 to 287.395.
(i) Scientific research pursuant to sections 2226, 2671, 2676, and 7333 of the public health code, 1978 PA 368, MCL 333.2226, 333.2671, 333.2676, and 333.7333.
Minnesota – MINNESOTA STATUTES
POLICE REGULATIONS
CHAPTER 343. PREVENTION OF CRUELTY
CRUELTY TO ANIMALS
343.20 Definitions
Subdivision 1. Application. Except as otherwise indicated by the context, for purposes of sections 343.20 to 343.36, the terms defined in this section have the meanings given them.
Subd. 2. Animal. “Animal” means every living creature except members of the human race.
Subd. 3. Torture; cruelty. “Torture” or “cruelty” means every act, omission, or neglect which causes or permits unnecessary or unjustifiable pain, suffering, or death.
Subd. 4. Impure milk. “Impure and unwholesome milk” means all milk obtained from diseased or unhealthy animals, or from animals fed on any substance which is putrefied or fermented.
Subd. 5. Animal control officer. “Animal control officer” means an officer employed by or under contract with an agency of the state, county, municipality, or other governmental subdivision of the state which is responsible for animal control operations in its jurisdiction.
Subd. 6. Pet or companion animal. “Pet or companion animal” includes any animal owned, possessed by, cared for, or controlled by a person for the present or future enjoyment of that person or another as a pet or companion, or any stray pet or stray companion animal.
Subd. 7. Service animal. “Service animal” means an animal trained to assist a person with a disability.
Subd. 8. Substantial bodily harm. “Substantial bodily harm” means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member to a service animal or a pet or companion animal.
Subd. 9. Great bodily harm. “Great bodily harm” means bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ, or other serious bodily harm to a service animal or a pet or companion animal.
343.21 Overworking or mistreating animals; penalty
Subdivision 1. Torture. No person shall overdrive, overload, torture, cruelly beat, neglect, or unjustifiably injure, maim, mutilate, or kill any animal, or cruelly work any animal when it is unfit for labor, whether it belongs to that person or to another person.
Subd. 2. Nourishment; shelter. No person shall deprive any animal over which the person has charge or control of necessary food, water, or shelter.
Subd. 3. Enclosure. No person shall keep any cow or other animal in any enclosure without providing wholesome exercise and change of air.
Subd. 4. Low feed. No person shall feed any cow on food which produces impure or unwholesome milk.
Subd. 5. Abandonment. No person shall abandon any animal.
Subd. 6. Temporary abandonment. No person shall allow any maimed, sick, infirm, or disabled animal to lie in any street, road, or other public place for more than three hours after receiving notice of the animal’s condition.
Subd. 7. Cruelty. No person shall willfully instigate or in any way further any act of cruelty to any animal or animals, or any act tending to produce cruelty to animals.
Subd. 8. Caging. No person shall cage any animal for public display purposes unless the display cage is constructed of solid material on three sides to protect the caged animal from the elements and unless the horizontal dimension of each side of the cage is at least four times the length of the caged animal. The provisions of this subdivision do not apply to the Minnesota state agricultural society, the Minnesota state fair, or to the county agricultural societies, county fairs, to any agricultural display of caged animals by any political subdivision of the state of Minnesota, or to district, regional or national educational livestock or poultry exhibitions. The provisions of this subdivision do not apply to captive wildlife, the exhibition of which is regulated by section 97A.041.
Subd. 8a. Harming a service animal. No person shall intentionally and without justification cause bodily harm to a service animal while it is providing service or while it is in the custody of the person it serves.
Subd. 9. Penalty.
(a) Except as otherwise provided in this subdivision, a person who fails to comply with any provision of this section is guilty of a misdemeanor. A person convicted of a second or subsequent violation of subdivision 1 or 7 within five years of a previous violation of subdivision 1 or 7 is guilty of a gross misdemeanor.
(b) A person who intentionally violates subdivision 1 or 7 where the violation results in substantial bodily harm to a pet or companion animal may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $ 3,000, or both.
(c) A person convicted of violating paragraph (b) within five years of a previous gross misdemeanor or felony conviction for violating this section may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $ 5,000, or both.
(d) A person who intentionally violates subdivision 1 or 7 where the violation results in death or great bodily harm to a pet or companion animal may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $ 5,000, or both.
(e) A person who violates subdivision 8a where the violation results in substantial bodily harm to a service animal may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $ 5,000, or both.
(f) A person who intentionally violates subdivision 1 or 7 where the violation results in substantial bodily harm to a pet or companion animal, and the act is done to threaten, intimidate, or terrorize another person, may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $ 5,000, or both.
(g) A person who violates subdivision 8a where the violation results in death or great bodily harm to a service animal may be sentenced to imprisonment for not more than four years or to payment of a fine of not more than $ 10,000, or both.
(h) A person who intentionally violates subdivision 1 or 7 where the violation results in death or great bodily harm to a pet or companion animal, and the act is done to threaten, intimidate, or terrorize another person, may be sentenced to imprisonment for not more than four years or to payment of a fine of not more than $ 10,000, or both.
Subd. 10. Restrictions. If a person is convicted of violating this section, the court shall require that pet or companion animals that have not been seized by a peace officer or agent and are in the custody or control of the person must be turned over to a peace officer or other appropriate officer or agent unless the court determines that the person is able and fit to provide adequately for an animal. If the evidence indicates lack of proper and reasonable care of an animal, the burden is on the person to affirmatively demonstrate by clear and convincing evidence that the person is able and fit to have custody of and provide adequately for an animal. The court may limit the person’s further possession or custody of pet or companion animals, and may impose other conditions the court considers appropriate, including, but not limited to:
(1) imposing a probation period during which the person may not have ownership, custody, or control of a pet or companion animal;
(2) requiring periodic visits of the person by an animal control officer or agent appointed pursuant to section 343.01, subdivision 1;
(3) requiring performance by the person of community service; and
(4) requiring the person to receive psychological, behavioral, or other counseling.
Mississippi – MISSISSIPPI CODE 1972
TITLE 97. CRIMES
CHAPTER 41. CRUELTY TO ANIMALS
§ 97-41-1. Living creatures not to be cruelly treated
If any person shall override, overdrive, overload, torture, torment, unjustifiably injure, deprive of necessary sustenance, food, or drink; or cruelly beat or needlessly mutilate; or cause or procure to be overridden, overdriven, overloaded, tortured, unjustifiably injured, tormented, or deprived of necessary sustenance, food or drink; or to be cruelly beaten or needlessly mutilated or killed, any living creature, every such offender shall, for every offense, be guilty of a misdemeanor.
§ 97-41-5. Carrying creature in a cruel manner
If any person shall carry, or cause to be carried by hand or in or upon any vehicle or other conveyance, any creature in a cruel or inhuman manner, he shall be guilty of a misdemeanor.
§ 97-41-7. Confining creatures without food or water
If any person shall confine, or cause to be confined, in any stable, lot, or other place, any living creature, without supplying the same during such confinement with a sufficient quantity of good and wholesome food and water, he shall be guilty of a misdemeanor.
Missouri – MISSOURI STATUTES
TITLE XXXVIII. CRIMES AND PUNISHMENT;
PEACE OFFICERS AND PUBLIC DEFENDERS
CHAPTER 578. MISCELLANEOUS OFFENSES
§ 578.009. Animal neglect and abandonment–penalties
1. A person is guilty of animal neglect when he has custody or ownership or both of an animal and fails to provide adequate care or adequate control, which results in substantial harm to the animal.
2. A person is guilty of abandonment when he has knowingly abandoned an animal in any place without making provisions for its adequate care.
3. Animal neglect and abandonment is a class C misdemeanor upon first conviction and for each offense, punishable by imprisonment or a fine not to exceed five hundred dollars, or both, and a class B misdemeanor punishable by imprisonment or a fine not to exceed one thousand dollars, or both upon the second and all subsequent convictions. All fines and penalties for a first conviction of animal neglect or abandonment may be waived by the court provided that the person found guilty of animal neglect or abandonment shows that adequate, permanent remedies for the neglect or abandonment have been made. Reasonable costs incurred for the care and maintenance of neglected or abandoned animals may not be waived. This section shall not apply to the provisions of section 578.007.
4. In addition to any other penalty imposed by this section, the court may order a person found guilty of animal neglect or abandonment to pay all reasonable costs and expenses necessary for: 0
(1) The care and maintenance of neglected or abandoned animals within the person’s custody or ownership;
(2) The disposal of any dead or diseased animals within the person’s custody or ownership;
(3) The reduction of resulting organic debris affecting the immediate area of the neglect or abandonment; and
(4) The avoidance or minimization of any public health risks created by the neglect or abandonment of the animals.
§ 578.012. Animal abuse–penalties
1. A person is guilty of animal abuse when a person:
(1) Intentionally or purposely kills an animal in any manner not allowed by or expressly exempted from the provisions of sections 578.005 to 578.023 and 273.030, RSMo;
(2) Purposely or intentionally causes injury or suffering to an animal; or
(3) Having ownership or custody of an animal knowingly fails to provide adequate care or adequate control.
2. Animal abuse is a class A misdemeanor, unless the defendant has previously plead guilty to or has been found guilty of animal abuse or the suffering involved in subdivision (2) of subsection 1 of this section is the result of torture or mutilation, or both, consciously inflicted while the animal was alive, in which case it is a class D felony.
Montana – MONTANA CODE
TITLE 45. CRIMES
CHAPTER 8. OFFENSES AGAINST PUBLIC ORDER
PART 2. OFFENSIVE, INDECENT, AND INHUMANE CONDUCT
45-8-211 Cruelty to animals — exception.
(1) A person commits the offense of cruelty to animals if without justification the person knowingly or negligently subjects an animal to mistreatment or neglect by:
(a) overworking, beating, tormenting, injuring, or killing any animal;
(b) carrying or confining any animal in a cruel manner;
(c) failing to provide an animal in the person’s custody with:
(i) proper food, drink, or shelter; or
(ii) in cases of immediate, obvious, serious illness or injury, licensed veterinary or other appropriate medical care;
(d) abandoning any helpless animal or abandoning any animal on any highway, railroad, or in any other place where it may suffer injury, hunger, or exposure or become a public charge; or
(e) promoting, sponsoring, conducting, or participating in an animal race of more than 2 miles, except a sanctioned endurance race.
(2)(a) A person convicted of the offense of cruelty to animals shall be fined not to exceed $ 500 or be imprisoned in the county jail for a term not to exceed 6 months, or both. A person convicted of a second or subsequent offense of cruelty to animals shall be fined not to exceed $ 1,000 or be imprisoned in the state prison for a term not to exceed 2 years, or both.
(b) If the convicted person is the owner, the person may be required to forfeit to the county in which the person is convicted any animal affected. This provision does not affect the interest of any secured party or other person who has not participated in the offense.
(3) In addition to the sentence provided in subsection (2), the court may:
(a) require the defendant to pay all reasonable costs incurred in providing necessary veterinary attention and treatment for any animal affected; and
(b) prohibit or limit the defendant’s ownership, possession, or custody of animals, as the court believes appropriate during the term of the sentence.
(4) Nothing in this section prohibits:
(a) a person from humanely destroying an animal for just cause; or
(b) the use of commonly accepted agricultural and livestock practices on livestock.
Nebraska – NEBRASKA REVISED STATUTES OF 1943
CHAPTER 28. CRIMES AND PUNISHMENTS
ARTICLE 10. OFFENSES AGAINST ANIMALS
§ 28-1008. Terms, defined
For purposes of sections 28-1008 to 28-1017:
(1) Abandon means to leave any animal for any length of time without making effective provision for its food, water, or other care as is reasonably necessary for the animal’s health;
(2) Animal means any vertebrate member of the animal kingdom. The term does not include an uncaptured wild creature;
(3) Cruelly mistreat means to knowingly and intentionally kill, maim, disfigure, torture, beat, mutilate, burn, scald, or otherwise inflict harm upon any animal;
(4) Cruelly neglect means to 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;
(5) Humane killing means the destruction of an animal by a method which causes the animal a minimum of pain and suffering;
(6) Law enforcement officer means any member of the Nebraska State Patrol, any county or deputy sheriff, any member of the police force of any city or village, or any other public official authorized by a city or village to enforce state or local animal control laws, rules, regulations, or ordinances; and
(7) Police animal means a horse or dog owned or controlled by the State of Nebraska for the purpose of assisting a Nebraska state trooper in the performance of his or her official enforcement duties.
§ 28-1009. Abandonment; cruelty; harassment of a police animal; penalty
(1) A person who abandons or cruelly neglects an animal is guilty of a Class I misdemeanor.
(2) (a) Except as provided in subdivision (b) of this subsection, a person who cruelly mistreats an animal is guilty of a Class I misdemeanor for the first offense and a Class IV felony for any subsequent offense.
(b) A person who cruelly mistreats an animal is guilty of a Class IV felony if such cruel mistreatment involves the knowing and intentional torture, repeated beating, or mutilation of the animal.
(3) A person commits harassment of a police animal if he or she knowingly and intentionally teases or harasses a police animal in order to distract, agitate, or harm the police animal for the purpose of preventing such animal from performing its legitimate official duties. Harassment of a police animal is a Class IV misdemeanor unless the harassment is the proximate cause of the death of the police animal, in which case it is a Class IV felony.
Nevada – NEVADA REVISED STATUTES
TITLE 50. ANIMALS
CHAPTER 574. CRUELTY TO ANIMALS:
PREVENTION AND PENALTIES
CRUELTY TO ANIMALS
§ 574.050. Definitions
As used in NRS 574.050 to 574.200, inclusive:
1. “Animal” does not include the human race, but includes every other living creature.
2. “Police animal” means an animal which is owned or used by a state or local governmental agency and which is used by a peace officer in performing his duties as a peace officer.
3. “Torture” or “cruelty” includes every act, omission or neglect, whereby unjustifiable physical pain, suffering or death is caused or permitted.
§ 574.100. Overdriving, torturing, injuring or abandoning animals; failure to provide proper sustenance; penalties; exceptions
1. A person shall not:
(a) Overdrive, overload, torture, cruelly beat or unjustifiably injure, maim, mutilate or kill an animal, whether belonging to himself or to another;
(b) Deprive an animal of necessary sustenance, food or drink, or neglect or refuse to furnish it such sustenance or drink;
(c) Cause, procure or allow an animal to be overdriven, overloaded, tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or killed, or to be deprived of necessary food or drink;
(d) Instigate, engage in, or in any way further an act of cruelty to any animal, or any act tending to produce such cruelty; or
(e) Abandon an animal in circumstances other than those prohibited in NRS 574.110.
2. A person who violates subsection 1:
(a) For the first offense within the immediately preceding 7 years, is guilty of a misdemeanor and shall be sentenced to: (1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months; and (2) Perform not less than 48 hours, but not more than 120 hours, of community service.
The person shall be further punished by a fine of not less than $ 200, but not more than $ 1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 4 consecutive hours and must occur either at a time when the person is not required to be at his place of employment or on a weekend.
(b) For the second offense within the immediately preceding 7 years, is guilty of a misdemeanor and shall be sentenced to: (1) Imprisonment in the city or county jail or detention facility for not less than 10 days, but not more than 6 months; and (2) Perform not less than 100 hours, but not more than 200 hours, of community service.
The person shall be further punished by a fine of not less than $ 500, but not more than $ 1,000.
(c) For the third and any subsequent offense within the immediately preceding 7 years, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
3. In addition to any other fine or penalty provided in subsection 2, a court shall order a person convicted of violating subsection 1 to pay restitution for all costs associated with the care and impoundment of any mistreated animal under subsection 1, including, without limitation, money expended for veterinary treatment, feed and housing.
4. The court may order the person convicted of violating subsection 1 to surrender ownership or possession of the mistreated animal.
5. The provisions of this section do not apply with respect to an injury to or the death of an animal that occurs accidentally in the normal course of:
(a) Carrying out the activities of a rodeo or livestock show; or
(b) Operating a ranch.
New Hampshire – NEW HAMPSHIRE STATUTES
TITLE LXII. CRIMINAL CODE
CHAPTER 644. BREACHES OF THE PEACE AND RELATED OFFENSES
§ 644:8. Cruelty to Animals
I. In this section, “cruelty” shall include, but not be limited to, acts or omissions injurious or detrimental to the health, safety or welfare of any animal, including the abandoning of any animal without proper provision for its care, sustenance, protection or shelter.
II. In this section, “animal” means a domestic animal, a household pet or a wild animal in captivity.
II-a. In this section, “shelter” or “necessary shelter” for dogs shall mean any natural or artificial area which provides protection from the direct sunlight when that sunlight is likely to cause heat exhaustion of a dog tied or caged outside. Shelter from inclement weather shall have an area within to afford the dog the ability to stand up, turn around and lie down, and be of proportionate size as to allow the natural body heat of the dog to be retained.
III. A person is guilty of a misdemeanor for a first offense, and of a class B felony for a second or subsequent offense, who:
(a) Without lawful authority negligently deprives or causes to be deprived any animal in his possession or custody necessary care, sustenance or shelter;
(b) Negligently beats, cruelly whips, tortures, mutilates or in any other manner mistreats or causes to be mistreated any animal;
(c) Negligently overdrives, overworks, drives when overloaded, or otherwise abuses or misuses any animal intended for or used for labor;
(d) Negligently transports any animal in his possession or custody in a manner injurious to the health, safety or physical well-being of such animal;
(e) Negligently 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
(f) 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.
III-a. A person is guilty of a class B felony who purposely beats, cruelly whips, tortures, or mutilates any animal or causes any animal to be beaten, cruelly whipped, tortured, or mutilated.
IV. (a) In addition to being guilty of crimes as provided in paragraphs III and III-a, any person charged with cruelty to animals may have his or her animal confiscated by the arresting officer and, upon said person’s conviction of cruelty to animals, the court may dispose of said animal in any manner it decides. Courts shall give cases in which animals have been confiscated by an arresting officer priority on the court calendar. The costs, if any, incurred in boarding and treating the animal, pending disposition of the case, and in disposing of the animal, upon a conviction of said person for cruelty to animals, shall be borne by the person so convicted. In addition, the court may prohibit any person convicted of animal cruelty from having future ownership or custody of other animals for any period of time the court deems reasonable or impose any other reasonable restrictions on the person’s future ownership or custody of animals as necessary for the protection of the animals.
(b) If a person convicted of cruelty to animals appeals the conviction and any confiscated animal remains in the custody of the arresting officer or the officer’s designee pending disposition of the appeal, in order for the appellant to maintain a future interest in the animal, the trial court may require the appellant to post a bond or other security in an amount not exceeding $ 2,000 for each animal in custody for costs expected to be incurred for the board and care of the animal during the appeal. If the conviction is affirmed on appeal, the costs incurred for the board and care of the animal shall be paid to the custodian from the posted security and the balance, if any, returned to the person who posted it.
IV-a. (a) Except as provided in subparagraph (b) any appropriate law enforcement officer, animal control officer, or officer of a duly licensed humane society may take into temporary protective custody any animal when there is probable cause to believe that it has been abused or neglected in violation of paragraphs III or III-a when there is a clear and imminent danger to the animal’s health or life and there is not sufficient time to obtain a court order. Such officer shall leave a written notice indicating the type and number of animals taken into protective custody, the name of the officer, the time and date taken, the reason it was taken, the procedure to have the animal returned and any other relevant information. Such notice shall be left at the location where the animal was taken into custody. The officer shall provide for proper care and housing of any animal taken into protective custody under this paragraph. If, after 7 days, the animal has not been returned or claimed, the officer shall petition the municipal or district court seeking either permanent custody or a one-week extension of custody or shall file charges under this section. If a week’s extension is granted by the court and after a period of 14 days the animal remains unclaimed, the title and custody of the animal shall rest with the officer on behalf of the officer’s department or society. The department or society may dispose of the animal in any lawful and humane manner as if it were the rightful owner. If after 14 days the officer or the officer’s department determines that charges should be filed under this section, the officer shall petition the court.
(b) For purposes of subparagraph (a) the investigating officer for livestock, as defined in RSA 427:38, III, shall be accompanied by a veterinarian licensed under RSA 332-B or the state veterinarian who shall set the probable cause criteria for taking the animal or animals.
(c) The provisions of RSA 284 shall not be affected by this section.
V. A veterinarian licensed to practice in the state shall be held harmless from either criminal or civil liability for any decisions made for services rendered under the provisions of this section or RSA 435:11-16. Such a veterinarian is, therefore, under this paragraph, protected from a lawsuit for his part in an investigation of cruelty to animals.
It is a shame that these laws even have to exist, but man is not happy with just harming his fellow man, he has to feel superior to all animals. Sad facts are still facts. If you haven’t found your state yet, do not worry, I will get to it. I break these up by the tens because there is so much information to take in. Come back tomorrow for Part IV.
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