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State Animal Cruelty Laws

Click on each state for a definition of animals laws and penalties in each state.

Alabama

ALA. CODE §§ (11-14) -- last amended 2000

Definition of Animal: Dog or cat shall mean any domesticated member of the dog or cat family.

Statute Summary: A person commits the crime of cruelty to animals if the person:

Overloads, overdrives, deprives of necessary sustenance or shelter, unnecessarily or cruelly beats, injures, mutilates, or causes the same to be done; intentionally tortures any dog or cat or skins a domestic dog or cat or offers for sale or exchange or offers to buy or exchange the fur, hide, or pelt of a domestic dog or cat.

  • Cruelty to a dog or cat.
    • Class A Misdemeanor
    • Fine up to $1000
    • Imprisonment up to 6 months
  • Intentionally tortures any dog or cat.
    • Class C Felony
    • Fine up to $5000
    • Imprisonment up to 10 years

Forfeiture of Animal/Seizure: Both

Other Sentencing Provisions: Cost of care.

Exemptions: Research, protection of life or property, training; shoots dog or cat with a BB gun for defecating/urinating on property.


Alaska

ALASKA STAT. §§ 11.61.140 et seq. -- last amended 1998

Definition of Animal: A vertebrate living creature not a human being, but does not include fish.

Statute Summary: A person commits the crime of cruelty to animals if the person:

Knowingly inflicts severe physical pain or suffering; or with criminal negligence fails to care for an animal and causes its death or severe pain or prolonged suffering.

  • Cruelty to animals.
    • Class A Misdemeanor
    • Fine up to $5000.
    • Imprisonment up to 1 year.

Forfeiture of Animal/Seizure: Neither

Other Sentencing Provisions: Community service, restitution.

Exemptions: Farming, hunting, research, training, or veterinary care.


Arizona

ARIZ. REV. STAT. § § 13-2910 et seq. -- last amended 1999

Definition of Animal: A mammal, bird, reptile or amphibian.

Statute Summary: A person commits the crime of cruelty to animals if the person:

Intentionally, knowingly or recklessly subjects an animal to neglect or abandonment, fails to provide medical attention to prevent suffering or inflicts unnecessary physical injury, mistreatment, or death.

  • Intentionally, knowingly or recklessly subjects an animal to cruel treatment.
    • Class 1 Misdemeanor
    • Fine up to $2500.
    • Imprisonment for 6 months.
  • Intentionally subjects any animal to cruel neglect, cruel mistreatment, or kills or harms a working or service animal.
    • Class 6 Felony
    • Fine up to $150,000.
    • Imprisonment up to 1.5 years.

Forfeiture of Animal/Seizure: Seizure

Other Sentencing Provisions: Community service, no animal ownership for 3 years, restitution.

Exemptions: Hunting, poisoning rodents or dogs killing or wounding livestock.


Arkansas

ARK. CODE ANN. §§ 5-62-101 et seq. -- last amended 2001

Definition of Animal: Every living creature.

Statute Summary: A person commits the crime of cruelty to animals if the person:

Knowingly abandons any animal, subjects it to cruel mistreatment or cruel neglect, or kills or injures an animal without the owner's consent.

  • Cruelty to animals.
    • Class A Misdemeanor
    • Fine up to $1000.
    • Imprisonment up to 1 year.

Forfeiture of Animal/Seizure: Seizure

Other Sentencing Provisions: Cost of care, counseling.

Exemptions: Hunting, livestock protection.


California

CAL. PENAL CODE §§ 597 et seq. -- last amended 1998

Definition of Animal: Every dumb creature.

Statute Summary: A person commits the crime of cruelty to animals if the person:

Maliciously and intentionally maims, mutilates, tortures, wounds or kills an animal. Overdrives, overloads, overworks, tortures, torments, deprives of necessary sustenance, drink, or shelter, cruelly beats, mutilates, or cruelly kills any animal.

  • Cruelty to animals.
    • Misdemeanor or Felony (may be charged either way)
    • Fine up to $20,000 (for either)
    • Imprisonment up to 1 year (for either).

Forfeiture of Animal/Seizure: Both

Other Sentencing Provisions: Cost of care.

Unique Provisions: Elephant abuse.

Exemptions: Farming, hunting, research.


Colorado

COLO. REV. STAT. §§ 18-9-202 et seq. -- last amended 2002

Definition of Animal: Any living dumb creature.

Statute Summary: A person commits the crime of cruelty to animals if the person:

Knowingly or with criminal negligence overdrives, overloads, overworks, tortures, torments, deprives of necessary sustenance, unnecessarily or cruelly beats, needlessly mutilates or kills, carries or confines in a cruel or reckless manner, fails to provide proper food, drink, or shelter, or abandons any animal. A person commits the crime of aggravated cruelty to animals if the person: knowingly or intentionally tortures or torments an animal that needlessly injures, mutilates, or kills an animal.

  • Cruelty to animals.
    • Class 1 Misdemeanor
    • Fine up to $5000.
    • Imprisonment up to 18 months.
  • Aggravated cruelty to animals.
    • Class 6 Felony
    • Fine up to $100,000.
    • Imprisonment for up to 18 months.
  • Second or subsequent offense of cruelty to animals.
    • Class 5 Felony
    • Fine up to $100,000.
    • Imprisonment for up to 3 years.

Forfeiture of Animal/Seizure: Neither

Other Sentencing Provisions: Anger management, psychological counseling, community service, restitution.

Exemptions: Farming, rodeos, veterinary care.


Connecticut

CONN. GEN. STAT. §§ 53-247 et seq. -- last amended 1996

Definition of Animal: All brute creatures and birds.

Statute Summary: A person commits the crime of cruelty to animals if the person:

Overdrives, overloads, overworks, tortures, deprives of necessary sustenance, mutilates or cruelly beats or kills or unjustifiably injures any animal, or fails to provide any confined animal with proper care such as wholesome air, food and water, or administers a poisonous or noxious drug, or abandons or carries in a cruel manner, or fights, baits or harasses an animal for the purpose of making it perform.

  • Cruelty to animals.
    • Misdemeanor or felony in statute.
    • Fine up to $1000.
    • Imprisonment up to 1 year.
  • Intentionally and maliciously tortures or injures an animal.
    • Misdemeanor or felony in statute.
    • Fine up to $5000.
    • Imprisonment up to 5 years.

Forfeiture of Animal/Seizure: Both

Other Sentencing Provisions: Cost of care.

Unique Provisions: Humane poultry transport.

Exemptions: Farming, hunting, research, veterinary care.


Delaware

DEL. CODE ANN. tit. 11, §§ 1325 et seq. -- last amended 1999

Definition of Animal: Does not include fish, crustacea or molluska.

Statute Summary: A person commits the crime of cruelty to animals if the person:

Subjects any animal to cruel mistreatment or neglect, or kills an animal without the owner's consent, or cruelly or unnecessarily kills or injures any animal.

  • Cruelty to animals.
    • Class A Misdemeanor
    • $1000 fine.
    • Imprisonment up to 1 years.
  • Intentional cruelty.
    • Class F Felony
    • $5000 fine.
    • Imprisonment up to 3 years.

Forfeiture of Animal/Seizure: Both

Other Sentencing Provisions: Cost of care, no animal ownership for 5 - 15 years.

Exemptions: Farming, hunting, protection of life or property, research, veterinary care.


District of Columbia

D.C. CODE ANN. §§ 22-801 et seq. -- last amended 1994

Definition of Animal: All living and sentient creatures (human beings excepted).

Statute Summary: A person commits the crime of cruelty to animals if the person:

Overdrives, overloads, overworks, tortures, torments, deprives of necessary sustenance, cruelly beats, mutilates, or cruelly kills, or fails to provide proper food, drink, or shelter. Cruelly drives or works when unfit for labor, or cruelly abandons, or carries in a cruel manner. Fails to provide proper food or shelter for any sick or disabled animal.

  • Cruelty to animals.
    • Classification of crime defined in statute.
    • Fine up to $250.
    • Imprisonment up to 180 days.
  • Cruelty to animals resulting in serious bodily injury or death.
    • Felony.
    • Fine up to $25,000.
    • Imprisonment up to 5 years.

Forfeiture of Animal/Seizure: Seizure

Other Sentencing Provisions: Cost of care.

Exemptions: Research.


Florida

FLA. STAT. §§ 828.12 et seq. -- last amended 1999

Definition of Animal: No.

Statute Summary: A person commits the crime of cruelty to animals if the person:

Overloads, overdrives, torments, deprives of necessary sustenance or shelter, or unnecessarily mutilates or kills any animal, or carries in a cruel manner; intentionally commits an act which results in a cruel death, or the repeated infliction of unnecessary pain or suffering; fails to supply a confined animal with sufficient food, water, or exercise, or abandons any animal.

  • Cruelty to animals.
    • 1st Degree Misdemeanor
    • Fine up to $5000.
    • Imprisonment up to 1 year.
  • Intentional cruelty.
    • 3rd Degree Felony
    • Fine up to $10,000.
    • Imprisonment up to 5 years.

Forfeiture of Animal/Seizure: Both

Other Sentencing Provisions: Cost of care.

Exemptions: Veterinary care.


Georgia

GA. CODE ANN. § 16-12-4 et seq. -- last amended 2000

Definition of Animal: Shall not include any fish nor shall such term include any pest that might be exterminated.

Statute Summary: A person commits the crime of cruelty to animals if the person:

Commits an act, omission, or neglect which causes unjustifiable physical pain, suffering, or death to any living animal; knowingly and maliciously causes death or physical harm to an animal by rendering part of such animal's body useless or by seriously disfiguring such animal.

  • Cruelty to animals
    • Misdemeanor.
    • Fine up to $1000.
    • Imprisonment up to 1 year.
  • 2nd or subsequent offense
    • Classification of crime defined in statute.
    • Fine up to $5000.
    • Imprisonment up to 1 year.
  • 2nd or subsequent offense resulting in death
    • Classification of crime defined in statute.
    • Fine up to $10,000.
    • Imprisonment 3 months to 1 year.
  • Aggravated Cruelty
    • Classification of crime defined in statute.
    • Fine up to $15,000.
    • Imprisonment 1 to 5 years.

Forfeiture of Animal/Seizure: Neither

Other Sentencing Provisions: No.

Exemptions: Farming, hunting, protection of person or property, zoological, exhibition, trapping, pest control, veterinary care, research.


Hawaii

HAW. REV. STAT. § § 711-1109 et seq. -- last amended 1998

Definition of Animal: Undefined.

Statute Summary: A person commits the crime of cruelty to animals if the person:

Intentionally, knowingly, or recklessly overdrives, overloads, tortures, torments, cruelly beats or starves any animal, or deprives of necessary sustenance, or mutilates, poisons, or kills without need, or carries in a cruel or inhumane manner.

  • Cruelty to animals.
    • Misdemeanor
    • Fine up to $2000.
    • Imprisonment up to 1 year.

Forfeiture of Animal/Seizure: Both

Other Sentencing Provisions: No.

Exemptions: Research, or veterinary care.


Idaho

IDAHO CODE §§ 25-3502 et seq. -- last amended 1996

Definition of Animal: Any vertebrate member of the animal kingdom, except man.

Statute Summary: A person commits the crime of cruelty to animals if the person:

Is cruel to any animal, or causes or procures any animal to be cruelly treated, or abandons, or carries any animal in a cruel manner; cruelty means the intentional and malicious infliction of pain, physical suffering, injury or death upon an animal, or to maliciously kill, maim, wound, overdrive, overload, overwork, torture, torment, deprive of necessary sustenance, drink or shelter, cruelly beat, mutilate or cruelly kill an animal, or needlessly inflict unnecessary cruelty on an unfit animal, or to abandon, or confine an animal in unsanitary conditions, or fail to provide sustenance, water, or shelter.

  • Cruelty to animals.
    • Misdemeanor
    • $100 to $5000 fine.
    • Imprisonment up to 6 months.

Forfeiture of Animal/Seizure: Both

Other Sentencing Provisions: Cost of care.

Exemptions: Exhibitions, farming, research, veterinary care, protection of life or property, predatory animals, diseased or disabled animals.


Illinois

ILL. COMP. STAT. ch. 510, para. 70/1 et seq. -- last amended 1986

Definition of Animal: Every living creature, domestic or wild, but does not include man.

Statute Summary: A person commits the crime of cruelty to animals if the person:

Beats, cruelly treats, torments, starves, overworks, abandons, or otherwise commits any act that causes an animal to suffer serious injury or death.

  • Cruelty to animals.
    • Class C Misdemeanor.
    • Fine up to $1500.
    • Imprisonment up to 30 days.
  • Aggravated cruelty
    • Class A Misdemeanor.
    • Fine up to $2500.
    • Imprisonment up to 1 year.
  • Animal torture.
    • Class 4 Felony.
    • Fine up to $25,000.
    • Imprisonment 1 year to 3 years.

Forfeiture of Animal/Seizure: Both

Other Sentencing Provisions: Cost of care, counseling.

Unique Provisions: Defines owner's duties.

Exemptions: Farming, hunting.


Indiana

IND. CODE §§35-46-3-1 et seq. -- last amended 1998

Definition of Animal: Does not include a human being.

Statute Summary: A person commits the crime of cruelty to animals if the person:

Knowingly or intentionally tortures, beats, or mutilates a vertebrate animal.

  • Abandons or neglects animals
    • Class B Misdemeanor.
    • Fine up to $1000.
    • Imprisonment up to 180 days.
  • Tortures or mutilates animals.
    • Class A Misdemeanor.
    • Fine up to $5000.
    • Imprisonment up to 1 year.
  • Previous, unrelated conviction under §35-46-3-3.
    • Class D Felony *
    • Fine up to $10,000.
    • An additional 1-1/2 years imprisonment.

Forfeiture of Animal/Seizure: Both

Other Sentencing Provisions: Cost of care.

Exemptions: Discipline, protection of person or property, prolonged suffering.


Iowa

IOWA CODE §§717B.1 et seq. -- last amended 2000

Definition of Animal: A nonhuman vertebrate, but does not include livestock, any game, fur-bearing animal, fish, reptile, or amphibian.

Statute Summary: A person commits the crime of cruelty to animals if the person:

Intentionally injures, maims, disfigures, or destroys an animal owned by another, in any manner, including intentional poisoning; inflicts upon the animal severe physical pain with a depraved or sadistic intent to cause prolonged suffering or death.

  • Animal neglect (negligently)
    • Simple Misdemeanor.
    • $50 to $500 fine.
    • Imprisonment up to 30 days.
  • Animal neglect (intentionally)
    • Serious Misdemeanor.
    • $250 to $1500 fine.
    • Imprisonment up to 1 year.
  • Animal abuse
    • Aggravated Misdemeanor.
    • $500 to $5000 fine.
    • Imprisonment up to 2 years.
  • Animal torture
    • Aggravated Misdemeanor.
    • $500 to $5000 fine.
    • Imprisonment up to 2 years
  • 2nd or subsequent offense of animal torture
    • Class D Felony*.
    • $500 to $7500 fine.
    • Imprisonment up to 5 years.

Forfeiture of Animal/Seizure: Both

Other Sentencing Provisions: Cost of care, restitution.

Exemptions: Consent of owner, veterinary care, order by court, hunting/trapping, protection of person or property, farming, research.


Kansas

KAN. STAT. ANN. §§ 21-4310 et seq. -- last amended 1996

Definition of Animal: Every living vertebrate except a human being.

Statute Summary: A person commits the crime of cruelty to animals if the person:

Intentionally kills, injures, maims, tortures, mutilates, abandons, or fails to provide food, water, or shelter.

  • Cruelty to animals
    • Class A Nonperson Misdemeanor
    • Fine up to $2500.
    • Imprisonment up to 1 year.

Forfeiture of Animal/Seizure: Both

Other Sentencing Provisions: Cost of care.

Exemptions: Farming, protection of property, research, rodeos, veterinary practices, hunting/trapping, diseased disabled animals.


Kentucky

KY. REV. STAT. ANN. §§ 525.125, .130, .135 -- last amended 03/31/03

Definition of Animal: Every warm-blooded living creature except a human being. (§ 446.010(2))

Statute Summary:

§ 525.125: The following persons are guilty of cruelty to animals in the first degree whenever a four-legged animal is caused to fight for pleasure or profit:

  • The owner of the animal,
  • The owner of the property on which the fight is conducted if the owner knows of the fight, and
  • Anyone who participates in the organization of the fight.
  • Cruelty to animals.
    • Class D felony.
    • Fine of $1,000 to $10,000.
    • Imprisonment from 1 to 5 years.

§ 525.130: A person commits the crime of cruelty to animals if the person:

Intentionally or wantonly causes cruel or injurious mistreatment through abandonment, mutilation, beating, torturing (any animal other than a dog or cat [see § 525.135]), tormenting, failing to provide adequate food, drink, space, or health care, or subjects any animal to cruel neglect, or kills any animal.

  • Cruelty to animals.
    • Class A Misdemeanor
    • Fine up to $500.
    • Imprisonment up to 1 year.

§ 525.135: A person is guilty of torture of a dog or cat when he/she:

Intentionally inflicts (or subjects) a dog or cat to extreme physical pain or injury, motivated by an intent to increase or prolong the pain of the animal.

Forfeiture of Animal/Seizure: Seizure

Other Sentencing Provisions: No.

Exemptions: Farming, hunting, humane purposes, veterinary, agricultural, spaying, neutering, cosmetic purposes, sporting activities, animal research, in defense of self or another, in defense of a domestic animal, and animal or pest control.


Louisiana

LA. REV. STAT. ANN. §§ 14:102.1 et seq. -- last amended 1997

Definition of Animal: Fowl shall not be defined as animals except Orders Psittaciformes and Passeriformes.

Statute Summary: A person commits the crime of cruelty to animals if the person:

Intentionally or with criminal negligence tortures, maims, mutilates, overdrives, overloads, overworks, torments, cruelly beats, unjustifiably injures, fails to provide property food, drink, shelter, and veterinary care, abandons, confines without proper care, carries in a cruel manner, poisons or drugs, mistreats, or injures without the owner's permission.

  • Simple Cruelty.
    • Classification of crime defined in statute.
    • Fine up to $1000.
    • Imprisonment up to 6 months.
  • Aggravated Cruelty.
    • Classification of crime defined in statute.
    • $5000 to $25,000 fine.
    • 1 to 10 years imprisonment.

Forfeiture of Animal/Seizure: Both

Other Sentencing Provisions: Community service, cost of care.

Exemptions: Farming, hunting, research, veterinary practices.


Maine

ME. REV. STAT. ANN. tit. 17 §§ 1031 et seq. -- last amended 2001

Definition of Animal: Every living, sentient creature not a human being.

Statute Summary: A person commits the crime of cruelty to animals if the person:

Intentionally, knowingly, or recklessly kills or attempts to kill an animal or causes extreme physical pain to an animal, maliciously kills an animal, or intentionally or knowingly tortures an animal.

  • Cruelty to animals.
    • Class D Crime.
    • $500 to $5,000 fine.
    • Imprisonment up to 1 year.
  • Subsequent violation of cruelty to animals:
    • Class C Crime.
    • $1,000 to $10,000 fine.
    • Imprisonment up to 5 years.
  • Aggravated cruelty to animals:
    • Class C Crime.
    • $1,000 to $10,000 fine.
    • Imprisonment up to 5 years.

Forfeiture of Animal/Seizure: Both

Other Sentencing Provisions: Cost of care, housing, counseling, cost of veterinary medical treatment, limited future ownership.

Unique Provisions: Prohibits cruelty to birds. Provides for a civil violation for cruelty to animals (7 §4011)

Exemptions: Pest control, research, veterinary care.


Maryland

MD. CODE ANN. art. 27, §§ 59 et seq. -- last amended 2001

Definition of Animal: No.

Statute Summary: A person commits the crime of cruelty to animals if the person:

Overdrives, overloads, deprives of necessary sustenance, tortures, torments, or cruelly beats, inflicts unnecessary suffering or pain upon the animal, or fails to provide necessary veterinary care, proper drink, air, space, shelter, or protection from the weather; intentionally mutilates or cruelly kills an animal.

  • Cruelty to animals.
    • Misdemeanor
    • Fine up to $1000.
    • Imprisonment up to 90 days.
  • Aggravated cruelty to animals.
    • Felony
    • Fine up to $5000.
    • Imprisonment up to 3 years.

Forfeiture of Animal/Seizure: Both

Other Sentencing Provisions: Cost of care, counseling.

Exemptions: Farming, hunting, pest elimination, training, veterinary care.


Massachusetts

MASS. GEN. LAWS ch. 272 §§ 77 et seq. and MASS. GEN. LAWS ch. 266 § 112 -- last amended 1989

Definition of Animal: No.

Statute Summary: A person commits the crime of cruelty to animals if the person:

Overdrives, overloads, overworks, tortures, torments, deprives of necessary sustenance, cruelly beats, mutilates or kills, uses in a cruel race or game, unnecessarily fails to provide any animal with proper food, drink, shelter, sanitary environment, or protection from the weather, or willfully abandons it, or carries it in a cruel manner, or knowingly and willfully authorizes or permits it to be subjected to unnecessary torture, suffering or cruelty of any kind.

  • Cruelty to animals
    • Defined in statute.
    • Fine up to $1000.
    • Imprisonment up to 1 year.
  • Malicious killing of animals.
    • Defined in statute.
    • Fine up to $1000.
    • Imprisonment up to 5 years.

Forfeiture of Animal/Seizure: Both

Other Sentencing Provisions: Cost of care.

Unique Provisions: Prohibits animal races.

Exemptions: Use of bait in fishing.


Michigan

MICH. COMP. LAWS §§ 750.50 et seq. -- last amended 1998

Definition of Animal: Vertebrates other than a human being.

Statute Summary: A person commits the crime of cruelty to animals if the person:

Fails to provide with adequate care, cruelly drives, works, or beats, or carries in a cruel manner, or abandons, or willfully or negligently allows any animal, including a disabled one, to suffer unnecessary neglect, torture, or pain; willfully, maliciously and without just cause or excuse kills, tortures, mutilates, maims, or disfigures an animal or exposes an animal to poison.

  • Cruelty to animals.
    • Misdemeanor.
    • Fine up to $1000.
    • Imprisonment up to 93 days.
  • 2nd violation of cruelty to animals
    • Felony
    • Fine up to $2000.
    • Imprisonment up to 2 years.
  • 3rd or subsequent violation of cruelty to animals.
    • Felony
    • Fine up to $5000.
    • Imprisonment up to 4 years.
  • Willfully or maliciously killing or injuring an animal.
    • Felony
    • Fine up to $5000.
    • Imprisonment up to 4 years.

Forfeiture of Animal/Seizure: Both

Other Sentencing Provisions: Community service, cost of care, counseling, no future animal ownership (if a felony).

Unique Provisions: Defines tether length.

Exemptions: Farming, fishing, horse racing, hunting, pest control, research, zoos.


Minnesota

MINN STAT. §§ 343.20 et seq. -- last amended 2001

Definition of 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.

Statute Summary: A person commits the crime of cruelty to animals if the person:

Overdrives, overloads, tortures, cruelly beats, neglects, unjustifiably injures, maims, mutilates, or kills any animal , or cruelly works an animal unfit for labor, or abandons, or deprives an animal of necessary food, water, or shelter.

  • Cruelty to animals.
    • Misdemeanor.
    • Fine up to $700.
    • Imprisonment up to 90 days.
  • 2nd or subsequent violation of cruelty to animals.
    • Gross Misdemeanor.
    • Fine up to $3000.
    • Imprisonment up to 1 year.
  • Intentional cruelty to animals resulting in bodily harm.
    • Gross Misdemeanor.
    • Fine up to $3000.
    • Imprisonment up to 1 year.
  • 2nd or subsequent violation of intentional cruelty to animals resulting in bodily harm
    • Defined by statute.
    • Fine up to $5,000.
    • Imprisonment up to 2 years.
  • Intentional cruelty to animals resulting in death or great bodily harm.
    • Defined by statute.
    • Fine up to $5,000.
    • Imprisonment up to 2 years.

Forfeiture of Animal/Seizure: Both

Other Sentencing Provisions: Cost of care, psychological behavioral or other counseling, limited animal ownership.

Exemptions: None


Mississippi

MISS. CODE ANN. §§ 97-41-1 et seq. -- last amended 1997

Definition of Animal: Any feline, exotic animal, canine, horse, mule, jack or jennet.

Statute Summary: A person commits the crime of cruelty to animals if the person:

Overrides, overdrives, overloads, tortures, torments, unjustifiably injures, deprives of necessary sustenance, food, or drink, carries in a cruel manner, poisons, abandons, cruelly beats, needlessly mutilates, or kills any living creature.

  • Cruelty to animals.
    • Misdemeanor
    • Fine up to $1000.
    • Imprisonment up to 6 months.
  • Malicious injury to dogs.
    • Misdemeanor
    • Fine up to $1000.
    • Imprisonment up to 6 months.

Forfeiture of Animal/Seizure: Both

Other Sentencing Provisions: Cost of care, limited future ownership.

Unique Provisions: Livestock protection.

Exemptions: None


Missouri

MO. REV. STAT. §§ 578.005 et seq. -- last amended 1998

Definition of Animal: Every living vertebrate except a human being.

Statute Summary: A person commits the crime of cruelty to animals if the person:

Intentionally or purposely kills an animal, causes injury or suffering, or fails to provide adequate care.

  • Animal neglect and abandonment.
    • Class C Misdemeanor.
    • Fine up to $500.
    • Imprisonment up to 15 days.
  • Animal abuse.
    • Class A Misdemeanor.
    • Fine up to $1000.
    • Imprisonment up to 1 year.
  • Animal torture or mutilation
    • Class D Felony.
    • Fine up to $5000.
    • Imprisonment up to 5 years.

Forfeiture of Animal/Seizure: Both

Other Sentencing Provisions: Cost of care.

Exemptions: Farming, hunting, pest control, protection of person or property or livestock, research, rodeos, training, veterinary care, zoos.


Montana

MONT. CODE ANN. §§ 45-8-209 et seq. -- last amended 1993

Definition of Animal: No.

Statute Summary: A person commits the crime of cruelty to animals if the person:

Knowingly or negligently subjects an animal to mistreatment or neglect by overworking, beating, tormenting, injuring, killing, carrying in a cruel manner, failing to provide an animal with proper food, drink, shelter, or medical care, or abandoning a helpless animal.

  • Cruelty to animals.
    • Classification of crime defined in statute.
    • Fine up to $500.
    • Imprisonment up to 6 months.
  • 2nd or subsequent offense of cruelty to animals.
    • Classification of crime defined in statute.
    • Fine up to $1000.
    • Imprisonment up to 2 years.

Forfeiture of Animal/Seizure: Forfeiture

Other Sentencing Provisions: Cost of care, limited future ownership.

Unique Provisions: Prohibits animal races.

Exemptions: Farming, research, humane euthanization.


Nebraska

NEB. REV. STAT. §§ 28-1008 et seq. -- last amended 2002

Definition of Animal: Any vertebrate member of the animal kingdom.

Statute Summary: A person commits the crime of cruelty to animals if the person:

Abandons, cruelly mistreats, or cruelly neglects an animal.

  • Abandonment or cruel neglect.
    • Class II Misdemeanor
    • Fine up to $1000.
    • Imprisonment up to 6 months.
  • 2nd or subsequent offense of abandonment or cruel neglect.
    • Class I Misdemeanor
    • Fine up to $1000.
    • Imprisonment up to 1 year.
  • Cruelty to animals.
    • Class I Misdemeanor
    • Fine up to $1000.
    • Imprisonment up to 1 year.
  • 2nd or subsequent offense of cruelty to animals.
    • Class IV Felony
    • Fine up to $10,000.
    • Imprisonment up to 5 years.

Forfeiture of Animal/Seizure: Seizure

Other Sentencing Provisions: Cost of care.

Exemptions: Farming, hunting, research, rodeos, training, veterinary care, humane euthanization, pest control.


Nevada

NEV. REV. STAT. §§ 574.050 et seq. -- last amended 2001

Definition of Animal: Does not include the human race, but includes every other living creature.

Statute Summary: A person commits the crime of cruelty to animals if the person:

Overdrives, overloads, tortures, cruelly beats, unjustifiably injures, maims, mutilates, kills, administers a poisonous or noxious drug, deprives of or neglects to provide necessary sustenance, food or drink, or abandons an animal.

  • Cruelty to animals.
    • Misdemeanor
    • $200 to $1000 fine.
    • 2 days to 6 months imprisonment.
  • 2nd offense of cruelty to animals.
    • Misdemeanor
    • $500 to $1000 fine.
    • 10 days - 6 months imprisonment.
  • 3rd or subsequent offense of cruelty to animals.
    • Category C Felony
    • Fine up to $10,000.
    • 1 year to 5 years imprisonment.

Forfeiture of Animal/Seizure: Both

Other Sentencing Provisions: Community service, cost of care, psychiatric evaluation and counseling.

Unique Provisions: Poisoning horses, mules, or cattle is a Category C felony.

Exemptions: Rodeos, livestock shows, ranching, hunting, dangerous animals, farming, research.


New Hampshire

N.H. REV. STAT. ANN. §§ 644:8 et seq. -- last amended 1999

Definition of Animal: A domestic animal, a household pet or a wild animal in captivity

Statute Summary: A person commits the crime of cruelty to animals if the person:

Negligently deprives any animal in his possession or custody of necessary care, sustenance or shelter; negligently beats, cruelly whips, tortures, mutilates or in any manner mistreats; negligently overdrives, overworks, overloads or otherwise abuses any animal intended for labor; negligently permits or causes any animal to be subjected to cruelty, inhumane treatment or unnecessary suffering, etc.; purposely beats, cruelly whips, tortures, or mutilates any animal.

  • Cruelty to animals.
    • Misdemeanor
    • Fine up to $2000.
    • Imprisonment up to 1 year.
  • 2nd or subsequent offense of cruelty to animals.
    • Class B Felony
    • Fine up to $4000.
    • Imprisonment up to 7 years.
  • Cruelly whips, mutilates, tortures or beats an animal.
    • Class B Felony
    • Fine up to $4000.
    • Imprisonment up to 7 years.

Forfeiture of Animal/Seizure: Both

Other Sentencing Provisions: Community service, cost of care, limited ownership of animals.

Exemptions: Veterinary care.


New Jersey

N.J. REV. STAT. ANN. §§ 4:22.15 et seq. -- last amended 2001

Definition of Animal: Includes the whole brute creation.

Statute Summary: A person commits the crime of cruelty to animals if the person: overdrives, overloads, overworks, tortures, torments, deprives of necessary sustenance, carries in a cruel manner, abandons a sick or disabled animal, cruelly beats or otherwise abuses, needlessly mutilates, or kills a living animal. A person commits the crime of "aggravated cruelty" if the person purposely, knowingly, or recklessly: torments, tortures, maims, hangs, unnecessarily or cruelly beats, needlessly mutilates, or cruelly kills a living animal or creature; or causes or procures any such act be done.

  • Cruelty to animals
    • Disorderly persons offense.
    • $250 to $1000 fine.
    • Imprisonment up to 6 months.
  • "Aggravated cruelty" to animals
    • Felony crime of the fourth degree.
    • Fine up to $1,000.
    • Up to 18 months imprisonment.

Forfeiture of Animal/Seizure: Both

Other Sentencing Provisions: Community service, psychological counseling, cost of care.

Unique Provisions: Provides for civil remedies.

Exemptions: Farming, exhibitions, equestrian teams, pet shops.


New Mexico

N.M. STAT. ANN. §§ 30-18-1 et seq. -- last amended 2001

Definition of Animal: Does not include insects or reptiles.

Statute Summary: A person commits the crime of cruelty to animals if the person:

Negligently mistreats, injures, kills without lawful justification or torments, fails to provide necessary sustenance to an animal. Intentionally or maliciously tortures, mutilates, injures, or poisons an animal.

  • Cruelty to animals.
    • Misdemeanor.
    • Fine up to $1000.
    • Imprisonment up to 1 year.
  • 4th or subsequent offense of cruelty to animals.
    • 4th Degree Felony.
    • Fine up to $5000.
    • 18 months imprisonment.
  • Extreme cruelty to animals.
    • 4th Degree Felony.
    • Fine up to $5000.
    • 18 months imprisonment.

Forfeiture of Animal/Seizure: Both

Other Sentencing Provisions: Animal cruelty prevention program, cost of care, counseling.

Exemptions: Farming, cockfighting, hunting, pest control, rodeos, veterinary care.


New York

N.Y. AGRIC. & MKTS LAW §§ 350 et seq. -- last amended 1985

Definition of Animal: Every living creature except a human being.

Statute Summary: A person commits the crime of cruelty to animals if the person:

Overdrives, overloads, deprives of necessary sustenance, food, or drink, abandons, carries in a cruel manner, poisons, tortures, cruelly beats or unjustifiably injures, maims, mutilates or kills any animal. With no justifiable purpose, intentionally kills or intentionally causes serious physical injury to a companion animal.

  • Cruelty to animals.
    • Misdemeanor.
    • Fine up to $1000.
    • Imprisonment up to 1 year.
  • Aggravated cruelty to animals.
    • Felony.
    • Fine up to $5000.
    • Imprisonment up to 2 years.

Forfeiture of Animal/Seizure: Both

Other Sentencing Provisions: Cost of care.

Exemptions: Hunting, research, protection of persons.


North Carolina

N.C. GEN STAT. §§ 14-360 et seq. -- last amended 1999

Definition of Animal: Every living vertebrate in the classes Amphibia, Reptilia, Aves, and Mammalia except human being.

Statute Summary: A person commits the crime of cruelty to animals if the person:

Intentionally overdrives, overloads, wounds, injures, torments, kills, or deprives of necessary sustenance any animal; maliciously tortures, mutilates, maims, cruelly beats, disfigures, poisons, or kills any animal.

  • Cruelty to animals; Instigating cruelty to animals; conveying animals in a cruel manner
    • Class 1 Misdemeanor.
    • Fines are at the discretion of the court.
    • Imprisonment at the discretion of the court.
  • Maliciously tortures, mutilates, or cruelly beats an animal.
    • Class I Felony.
    • Fines are at the discretion of the court.
    • Imprisonment at the discretion of the court.

Forfeiture of Animal/Seizure: Both

Other Sentencing Provisions: Community service, cost of care.

Exemptions: Farming, hunting, research, veterinary care, protection of persons and property.


North Dakota

N.D. CENT. CODE §§ 36-21.1-01 et seq. -- last amended 1999

Definition of Animal: Every living animal except the human race.

Statute Summary: A person commits the crime of cruelty to animals if the person:

Overdrives, overloads, tortures, cruelly beats, neglects, carries in a cruel manner, administers a poisonous substance or noxious drug, or unjustifiably injures, maims, mutilates, or kills any animal or cruelly works it when unfit for labor; deprives any animal of necessary food, water, or shelter; keeps any animal in an enclosure without exercise or wholesome change of air; abandons any animal; allows a sick or disabled animal to lie in a public place more than 3 hours after notice; cages an animal for public display unless the cage is of solid material on 3 sides and the horizontal dimension of the cage is 4 times the length of the caged animal.

  • Cruelty to animals.
    • Class A Misdemeanor
    • $2000 fine.
    • 1 year imprisonment.

Forfeiture of Animal/Seizure: Both

Other Sentencing Provisions: Cost of care.

Exemptions: Fairs, zoos.


Ohio

OHIO REV. CODE ANN. §§ 959.01 et seq. -- last amended 2002

Definition of Companion Animal: Any animal that is kept inside a residential dwelling and any dog or cat regardless of where it is kept. Companion animal does not include livestock or any wild animal.

Statute Summary: A person commits the crime of cruelty to animals if the person:

Tortures, deprives of necessary sustenance, unnecessarily or cruelly beats, needlessly mutilates or kills, or confines without a sufficient quantity of good wholesome food and water, and access to shelter from wind, rain, snow and direct sunlight, or carries in a cruel manner.

  • Cruelty to animals.
    • 2nd Degree Misdemeanor.
    • Fine up to $750.
    • Imprisonment up to 90 days.
  • Abandons an animal.
    • Minor Misdemeanor.
    • Fine up to $100.

No person shall knowingly torture, torment, needlessly mutilate or maim, cruelly beat, poison, needlessly kill, or commit an act of cruelty against a companion animal.

  • Cruelty to animals.
    • 1st Degree Misdemeanor.
    • Fine up to $1000.
    • Imprisonment up to 6 months.
  • 2nd or subsequent offense of cruelty to animals.
    • 5th Degree Felony.
    • Fine up to $2500.
    • Imprisonment up to 12 months.

Forfeiture of Animal/Seizure: Both

Other Sentencing Provisions: Cost of care.

Exemptions: Farming, veterinary care.


Oklahoma

OKLA. STAT. TIT. 21 §§ 1685 et seq. -- last amended 1999

Definition of Animal: No.

Statute Summary: A person commits the crime of cruelty to animals if the person:

Willfully or maliciously overdrives, overloads, carries in a cruel manner, unjustifiably administers any poisonous or noxious drug, tortures, destroys or kills, or cruelly beats or injures, maims or mutilates, any animal in captivity, whether wild or tame, whether belonging to himself or another, or deprives any animal of necessary food, drink or shelter, or abandons or allows to lie in a public place a diseased or disabled animal 1 hour after notice.

  • Cruelty to animals
    • Felony.
    • Fine up to $500.
    • Imprisonment up to 1 year in county jail or up to 5 years in state penitentiary.
  • Abandons an animal., Cruel treatment in transit
    • Misdemeanor
    • $100 - $500 fine.
    • Imprisonment up to 1 year.

Forfeiture of Animal/Seizure: Seizure

Other Sentencing Provisions: Cost of care.

Unique Provisions: Prohibits bear wrestling.

Exemptions: None


Oregon

OR. REV. STAT. §§ 167.310 et seq. -- last amended 1985

Definition of Animal: Any nonhuman mammal, bird, reptile, amphibian or fish.

Statute Summary: A person commits the crime of cruelty to animals if the person:

Intentionally, knowingly or recklessly causes physical injury to an animal;
Intentionally, knowingly or recklessly causes serious physical injury to an animal; or cruelly causes the death of an animal; maliciously kills an animal; or intentionally or knowingly tortures an animal; intentionally, knowingly, recklessly or with criminal negligence fails to provide minimum care for an animal in the person's custody; intentionally, knowingly, recklessly or with criminal negligence fails to provide minimum care for an animal in the person's custody, and such failure results in serious physical injury or death to the animal; intentionally, knowingly, recklessly or with criminal negligence leaves an animal without providing for its continued care.

  • Animal abuse in the second degree.
    • Class B Misdemeanor.
    • Fine up to $2000.
    • Imprisonment up to 6 months.
  • Animal abuse in the first degree.
    • Class A Misdemeanor.
    • Fine up to $5000.
    • Imprisonment up to 1 year.
  • Aggravated animal abuse in the first degree.
    • Class C Felony.
    • Fine up to $100,000.
    • Imprisonment up to 5 years.
  • Animal neglect in the second degree.
    • Class B Misdemeanor.
    • Fine up to $2000.
    • Imprisonment up to 6 months.
  • Animal neglect in the first degree.
    • Class A Misdemeanor.
    • Fine up to $5000.
    • Imprisonment up to 1 year.
  • Animal abandonment
    • Class C Misdemeanor.
    • Fine up to $1000.
    • Imprisonment up to 30 days.

Forfeiture of Animal/Seizure: Both

Other Sentencing Provisions: Animal cruelty prevention program, cost of care, counseling.

Exemptions: Farming, hunting, research, rodeos, veterinary care, commercially grown poultry,.


Pennsylvania

18 PA. CONS. STAT. § 5511 -- last amended 1995

Definition of Animal: Domestic Animal: Any dog, cat, equine animal, bovine animal, sheep, goat or porcine animal.

Statute Summary: A person commits the crime of cruelty to animals if the person:

Willfully and maliciously kills, maims or disfigures any domestic animal or domestic fowl, administers poison, harasses, annoys, injures, attempts to injure, molests or interferes with a dog guide; willfully and maliciously kills, maims or disfigures, or administers any poisonous substance to any zoo animal in captivity; willfully and maliciously kills, maims, mutilates, tortures or disfigures any dog or cat, or administers any poisonous substance to any dog or cat.

  • Cruelty to animals
    • Summary Offense.
    • $50 to $750 fine.
    • Imprisonment up to 90 days
  • Killing, maiming or poisoning domestic animal or domestic fowl of another.
    • Second Degree Misdemeanor.
    • Fine up to $500.
  • Killing, maiming or poisoning zoo animals.
    • Third Degree Felony.
    • Fine up to $15,000.
    • Imprisonment up to 7 years.
  • Killing, maiming or poisoning dog or cat.
    • Second Degree Misdemeanor.
    • At least $1000 fine.
    • Imprisonment up to 2 years.
  • A subsequent offense of killing, maiming or poisoning dog or cat.
    • Third Degree Felony.
    • Fine up to $15,000.
    • Imprisonment up to 7 years.

Forfeiture of Animal/Seizure: Both

Other Sentencing Provisions: Cost of care.

Unique Provisions: Cropping dogs' ears by licensed veterinarian only.

Exemptions: To protect other domestic animals or fowl, game laws, pest control, farming.


Rhode Island

R.I. GEN. LAWS §§ 4-1-1 et seq. -- last amended 1994

Definition of Animal: Every living creature except a human being.

Statute Summary: A person commits the crime of cruelty to animals if the person:

Overdrives, overloads, overworks, works an animal when it is unfit for labor, carries cruelly, abandons, tortures, torments, deprives of necessary sustenance, cruelly beats, mutilates or cruelly kills any animal; cuts out the tongue or otherwise dismembers any animal, or maliciously kills, wounds, or administers poison to any animal.

  • Abandonment of animals, overwork, mistreatment, or failure to feed animals; unnecessary cruelty.
    • Classification of crime defined in statute.
    • $50 to $500 fine.
    • Imprisonment up to 11 months.
  • Malicious injury or killing animals.
    • Classification of crime defined in statute.
    • Fine up to $1000.
    • Imprisonment up to 2 years.

Forfeiture of Animal/Seizure: Both

Other Sentencing Provisions: Community service, cost of care, restitution.

Exemptions: Farming, hunting.


South Carolina

S.C. CODE ANN. §§ 47-1-10 et seq. -- last amended 2000

Definition of Animal: All living vertebrate creatures except homo sapiens.

Statute Summary: A person commits the crime of cruelty to animals if the person:

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 causes these things to be done; tortures, torments, needlessly mutilates, cruelly kills, or inflicts excessive or repeated unnecessary pain or suffering upon any animal or causes the acts to be done.

  • Cruelty to and ill treatment of animals (fines and imprisonment increase for subsequent offenses).
    • Misdemeanor.
    • $100 to $500 fine.
    • Imprisonment up to 60 days.
  • Tortures, torments, cruelly kills an animal.
    • Felony.
    • Fine up to $5000.
    • 180 days to 5 years imprisonment.
  • Abandonment of animals.
    • Misdemeanor
    • $200 to $500 fine.
    • Imprisonment up to 30 days.

Forfeiture of Animal/Seizure: Seizure

Other Sentencing Provisions: Cost of care.

Exemptions: Farming, training of animals, veterinary care, forestry, and silvacultural practices, hunting.


South Dakota

S.D. CODIFIED LAWS §§ 40-1-1 et seq. -- last amended 1991

Definition of Animal: Any mammal, bird, reptile, amphibian or fish, except humans.

Statute Summary: A person commits the crime of cruelty to animals if the person:

Causes an animal unnecessary, unjustifiable or unreasonable physical pain or suffering, including mutilation; fails to provide food, water, protection from the elements, adequate sanitation and facilities accepted for the type of animal; keeps any animal which past recovery or suffering or abandons the animal to die; administer or expose poison to an animal which belongs to another; kills or injures any animal of another; impounds any animal without proper care for more than 12 hours; inhumanely treats an animal.

  • Poison, intentionally kill, and inhumanely treat an animal.
    • Class 1 Misdemeanor
    • Fine up to $1000.
    • Imprisonment up to 1 year.

Forfeiture of Animal/Seizure: Both

Other Sentencing Provisions: Cost of care.

Exemptions: Farming, hunting, protection of life, limb or property, research, veterinary care.


Tennessee

TENN. CODE ANN. §§ 39-14-201 et seq. -- last amended 2002

Definition of Animal: A domesticated living creature or a wild creature previously captured.

Statute Summary: A person commits the crime of cruelty to animals if the person:
intentionally or knowingly tortures, maims, grossly overworks, fails to provide necessary food, water, care or shelter for an animal, abandons, transports in a cruel manner, inflicts burns, cuts, lacerations, or other injuries or pain to any animal by any method including blistering compounds to the legs or hooves of horses.
A person commits the crime of aggravated cruelty to animals if the person:
intentionally kills or intentionally causes serious physical injury to a companion animal.

  • Cruelty to animals/Aggravated cruelty.
    • Class A Misdemeanor.
    • Fine up to $2500.
    • 11 months, 29 days to 30 years imprisonment.
  • Subsequent offense of aggravated cruelty to animals.
    • Class E Felony.
    • Fine up to $3,000.
    • Up to 6 years imprisonment.

Forfeiture of Animal/Seizure: Both

Other Sentencing Provisions: Psychological counseling, cost of care, limited future animal ownership.

Unique Provisions: Trier of fact can award up to $4,000 in non-economic damages to a person whose companion animal is killed or sustained injury.

Exemptions: Farming, research, veterinary care, protection of life and property.


Texas

TEX. PENAL CODE ANN. §§ 42.09 et seq. -- last amended 2001

Definition of Animal: A domesticated living creature and wild living creature previously captured.

Statute Summary: A person commits the crime of cruelty to animals if the person:

Intentionally or knowingly tortures or seriously overworks, or fails unreasonably to provide necessary food, care or shelter, or abandons, or transports in a cruel manner, or kills, injures or administers poison, or uses as bait in a race, or trips a horse.

  • Fails to provide food, care, shelter; abandons animal; transports or confines animal in cruel manner; injures an animal; or seriously overworks an animal.
    • Class A Misdemeanor
    • Fine up to $4000.
    • Imprisonment up to 1 year.
  • 3rd offense of fails to provide food, care, shelter; abandons animal; transports or confines animal in cruel manner; injures an animal; or seriously overworks an animal.
    • State Jail Felony
    • Fine up to $10,000.
    • 180 days to 2 years imprisonment.
  • Tortures; kills, seriously injures, or administers poison; causes an animal to fight; uses animal to lure; or trips an animal.
    • State Jail Felony.
    • Fine up to $10,000.
    • 180 days to 2 years imprisonment.
  • 3rd offense of Tortures; kills, seriously injures, or administers poison; causes an animal to fight; uses animal to lure; or trips an animal.
    • Felony of the Third Degree.
    • Fine up to $10,000.
    • 2 years to 10 years.

Forfeiture of Animal/Seizure: Neither

Other Sentencing Provisions: Counseling.

Exemptions: Property protection, research, fishing, hunting, trapping, wildlife control, animal husbandry.


Utah

UTAH CODE ANN. §§ 76-9-301 et seq. -- last amended 1996

Definition of Animal: A live, nonhuman vertebrate creature.

Statute Summary: A person commits the crime of cruelty to animals if the person:

Intentionally, knowingly, recklessly, or with criminal negligence fails to provide necessary food, care, or shelter for an animal, or abandons, transports in a cruel manner, or injures an animal; tortures, administers poison, or kills an animal without legal privilege to do so.

  • Cruelty to animals (committed intentional or knowingly).
    • Class B Misdemeanor.
    • Fine up to $1000.
    • Imprisonment up to 6 months
  • Cruelty to animals (committed recklessly or with criminal negligence).
    • Class C Misdemeanor.
    • Fine up to $750.
    • Imprisonment up to 90 days.
  • Aggravated cruelty (committed intentional or knowingly).
    • Class A Misdemeanor.
    • Fine up to $2500
    • Imprisonment up to 1 year.
  • Aggravated cruelty (committed recklessly).
    • Class B Misdemeanor.
    • Fine up to $1000.
    • Imprisonment up to 6 months.
  • Aggravated cruelty (committed with criminal negligence).
    • Class C Misdemeanor.
    • Fine up to $750.
    • Imprisonment up to 90 days.

Note: Prior convictions allow for increased penalties.

Forfeiture of Animal/Seizure: Both

Other Sentencing Provisions: Cost of care, counseling, limited future animal ownership.

Exemptions: Protection of hoofed and companion animals, hunting, veterinary care, research, humanely destroys an animal found suffering, training of animals.


Vermont

VT. STAT. ANN. tit. 13, §§ 351 et seq. -- last amended 1997

Definition of Animal: All living sentient creatures not human beings.

Statute Summary: A person commits the crime of cruelty to animals if the person:

Intentionally kills, overworks, overloads, tortures, abandons, administers poison to, cruelly beats or mutilates, tethers in an inhumane manner, deprives of food, water, rest or medical attention, or uses a live animal as bait in a game; intentionally kills by means causing undue pain or suffering.

  • Cruelty to animals.
    • Classification of crime defined in statute.
    • Fine up to $2000.
    • Imprisonment up to 1 year.
  • 2nd and subsequent offense of cruelty to animals.
    • Classification of crime defined in statute.
    • Fine up to $5000.
    • Imprisonment up to 2 years.
  • Aggravated cruelty to animals.
    • Classification of crime defined in statute.
    • Fine up to $5000.
    • Imprisonment up to 3 years.
  • 2nd and subsequent offense of aggravated cruelty to animals.
    • Classification of crime defined in statute.
    • Fine up to $7500.
    • Imprisonment up to 5 years.

Forfeiture of Animal/Seizure: Both

Other Sentencing Provisions: Animal cruelty prevention program, cost of care, counseling, limited future animal ownership & inspections by humane officer.

Unique Provisions: Prohibits inhumane tethering.

Exemptions: Hunting, protection of person and other domestic animals, rabid domestic animals, farming, research, veterinary care, pest control.


Virginia

VA. CODE ANN. §§ 3.1-796.122 et seq. -- last amended 1999

Definition of Animal: The word animal shall be construed to include birds and fowl.

Statute Summary: A person commits the crime of cruelty to animals if the person:

Overrides, overdrives, overloads, tortures, ill-treats, abandons, willfully inflicts inhumane injury or pain, or cruelly or unnecessarily beats, maims, mutilates, or kills any animal; deprives any animal of necessary food, drink, shelter or emergency veterinary treatment; or instigates or furthers an act of cruelty; or carries in an inhumane manner; tortures, willfully inflicts inhumane injury or pain, or cruelly and unnecessarily beats, maims, mutilates or kills any animal, or instigates or furthers an act of cruelty.

  • Cruelty to animals.
    • Class 1 Misdemeanor.
    • Fine up to $2500.
    • Imprisonment up to 1 year.
  • 2nd and subsequent offense of cruelty to animals.
    • Class 6 Felony.
    • Fine up to $2500.
  • Abandonment of an animal.
    • Class 3 Misdemeanor.
    • Fine up to $500.
    • 1 year to 5 years imprisonment.

Forfeiture of Animal/Seizure: Both

Other Sentencing Provisions: Anger management or counseling, community service, cost of care.

Exemptions: Farming, hunting, research.


Washington

WASH. REV. CODE §§ 16.52.011 et seq. -- last amended 1994

Definition of Animal: Nonhuman mammal, bird, reptile, or amphibian.

Statute Summary: A person commits the crime of cruelty to animals if the person:

Intentionally inflicts substantial pain on, or causes physical injury to, or kills an animal by a means causing undue suffering; knowingly, recklessly, or with criminal negligence inflicts unnecessary suffering or pain upon an animal, poisons, cuts off more than 1/2 of the ear or ears of any domestic animal, or transports any animal in an unsafe manner; knowingly, recklessly, or with criminal negligence 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; or abandons the animal.

  • Animal cruelty in the first degree.
    • Class C Felony.
    • Fine up to $10,000.
    • Imprisonment up to 5 years.
  • Animal cruelty in the second degree.
    • Misdemeanor.
    • Fine up to $1000.
    • Imprisonment up to 90 days.
  • Poisoning animals.
    • Gross Misdemeanor
    • Fine up to $5000.
    • Imprisonment up to 1 year (judge may defer in grant 2 years probation).

Forfeiture of Animal/Seizure: Both

Other Sentencing Provisions: Animal cruelty prevention program, cost of care, limited future animal ownership.

Unique Provisions: Cutting off more than 1/2 of the ear of any domestic animal is guilty of a misdemeanor (excluding customary husbandry practices).

Exemptions: Farming, hunting, rodeos, fairs, animal exhibitions, pest control.


West Virginia

W. VA. CODE §§ 61-8-19 et seq. -- last amended 2003

Definition of Animal: No.

Statute Summary: A person commits the crime of cruelty to animals if the person:

Mistreats, abandons or withholds proper sustenance, including food, water, shelter or medical treatment necessary to sustain normal health or to end suffering, administers a controlled substance to any animal participating in any contest (other than a licensed vet), or abandons an animal to die.

  • Cruelty to animals.
    • Misdemeanor.
    • $100 to $1000 fine.
    • Imprisonment up to 6 months.
  • 2nd or subsequent violation of cruelty to animals.
    • Misdemeanor.
    • $500 to $1000 fine.
    • 90 days to 1 year imprisonment.

A person is guilty of a felony if he/she:

Intentionally tortures or maliciously kills an animal, or causes, procures or authorizes any other person to torture or maliciously kill an animal. (For purposes of this subsection "torture" means an action taken for the primary purpose of inflicting pain.)

  • Cruelty to animals.
    • Felony.
    • 1 to 3 years imprisonment.
    • $1,000 to $5,000.

Forfeiture of Animal/Seizure: Both

Other Sentencing Provisions: Community service, cost of care, no animal ownership during probation, complete psychiatric evaluation (including cost for evaluation), prohibition of animal ownership for 5 years if misdemeanor and 15 years if felony.

Unique Provisions: Prohibits administration of controlled substances to alter performance.

Exemptions: Farming, hunting, training.


Wisconsin

WIS. STAT. § 951.02 et seq. -- last amended 1993

Definition of Animal: No.

Statute Summary: No person may treat any animal, whether belonging to the person or another, in a cruel manner.

  • Mistreating animals.
    • Class A Misdemeanor.
    • Fine up to $10,000.
    • Imprisonment up to 9 months.
  • Intentional mistreatment of animals resulting in mutilation, disfigurement, or death of an animal.
    • Class E Felony.
    • Fine up to $10,000.
    • Imprisonment up to 2 years.

Forfeiture of Animal/Seizure: Both

Other Sentencing Provisions: Cost of care, limited contact with animals.

Exemptions: Research, veterinary care.


Wyoming

WYO. STAT. § 6-3-203 et seq. -- last amended 2003

Definition of Animal: No.

Statute Summary: A person commits the crime of cruelty to animals if the person:

Knowingly overworks, overdrives, overloads, overworks, tortures, torments, deprives of necessary sustenance, unnecessarily or cruelly beats, injures, mutilates, kills, carries an animal in a cruel manner, fails to provide proper food, drink or protection from the weather, abandons, fails to provide the animal with appropriate care in the case of serious illness or injury, is knowingly present at any place when an exhibition of fighting of fowls or dogs is occurring.

  • Cruelty to animals.
    • Misdemeanor
    • Fine up to $750.
    • Imprisonment up to 6 months.
  • Aggravated cruelty to animals or 2nd or subsequent offense of cruelty to animals. Aggravated cruelty to animals occurs if someone trains or owns animals with the intent to engage them in fighting or allows the animals to fight on property he/she controls.
    • High Misdemeanor
    • Fine up to $5000.
    • Imprisonment up to 1 year.

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.

  • Cruelty to animals.
    • Felony.
    • Fine up to $5,000.
    • Imprisonment up to 2 years.

Forfeiture of Animal/Seizure: Both

Other Sentencing Provisions: Cost of care, limited future ownership of animals.

Exemptions: Farming, rodeos, use of dogs or raptors in hunting, use of dogs in livestock management, person humanely destroying an animals, training of dogs and raptors.

     

List  of States Where Animal Cruelty is a Felony

Forty-one states and the District of Columbia provide felony-level penalties for certain types of cruelty violations. States that have a felony cruelty provision are:

  1. Alabama
  2. Arizona
  3. California
  4. Colorado
  5. Connecticut
  6. Delaware
  7. District of Columbia
  8. Florida
  9. Georgia
  10. Illinois
  11. Indiana
  12. Iowa
  13. Kentucky
  14. Louisiana
  15. Maine
  16. Maryland
  17. Massachusetts
  18. Michigan
  19. Minnesota
  20. Missouri
  21. Montana
  22. Nebraska
  23. Nevada
  24. New Hampshire
  25. New Jersey
  26. New Mexico
  27. New York
  28. North Carolina
  29. Ohio
  30. Oklahoma
  31. Oregon
  32. Pennsylvania
  33. Rhode Island
  34. South Carolina
  35. Tennessee
  36. Texas
  37. Vermont
  38. Virginia
  39. Washington
  40. West Virginia
  41. Wisconsin
  42. Wyoming
     

Public Law 94-279 Animal Welfare Act Amendments of 1976

Public Law 94-279
94th Congress, S. 1941
April 22, 1976

 

Note: In this HTML version of the amendment, brackets, [ ], indicate notes found in the corresponding margin of the hardcopy document.

To amend the Act of August 24, 1966, as amended, to increase the protection afforded animals in transit and to assure humane treatment of certain animals, and for other purposes.

[Animal Welfare Act Amendments of 1976. 7 USC 2131 note. 7 USC 2131 note. 7 USC 2131.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Animal Welfare Act Amendments of 1976".

SEC. 2. Section 1 of the Act of August 24, 1966 (80 Stat. 350, as amended by the Animal Welfare Act of 1970, 84, Stat. 1560; 7 U.S.C. 2131-2155) is amended to read as follows:

"Section 1. (a) This Act may be cited as the `Animal Welfare Act'.

"(b) The Congress finds that animals and activities which are regulated under this Act are either in interstate or foreign commerce or substantially affect such commerce or the free flow thereof, and that regulation of animals and activities as provided in this Act is necessary to prevent and eliminate burdens upon such commerce and to effectively regulate such commerce, in order--

"(1) to insure that animals intended for use in research facilities or for exhibition purposes for use as pets are provided humane care and treatment;

"(2) to assure the humane treatment of animals during transportation in commerce; and

"(3) to protect the owners of animals from the theft of their animals by preventing the sale or use of animals which have been stolen.

The Congress further finds that it is essential to regulate, as provided in this Act, the transportation, purchase, sale, housing, care, handling, and treatment of animals by carriers or by persons or organizations engaged in using them for research or experimental purposes of for exhibition purposes or holding them for sale as pets or for any such purpose or use".

[7 USC 2132.]SEC. 3. Section 2 of such Act is amended--

(1) by striking out subsection (c) and (d) thereof and inserting lieu thereof the following:

[Definitions.] "(c) The term `commerce' means trade, traffic, transportation, or other commerce--

"(1) between a place in a State and any place outside of such State, or between points within any territory, possession, or the District of Columbia;

"(2) which affects trade, traffic, transportation, or other commerce described in paragraph (1).

"(d) The term `State' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, or any other territory of possession of the United States;"

(2) by striking out the term "affecting commerce" in subsections (e) and (f) and inserting in lieu thereof "in commerce";

(3) by revising paragraph (f) thereof to read as follows:

"(f) The term `dealer' means any person who, in commerce, for compensation or profit, delivers for transportation, or transports, except as a carrier, buys, or sells, or negotiates the purchase or sale of, (1) any dog or other animal whether alive or dead for research, teaching, exhibition, or use as a pet, or (2) any dog for hunting, security, or breeding purposes, except that this term does not include--

"(i) a retail pet store except such store which sells any animals to a research facility, an exhibitor, or a dealer; or

"(ii) any person who does not sell, or negotiate the purchase or sale of any wild animal, dog, or cat, and who derives no more than $500 gross income from the sale of other animals during any calendar year;"

(4) by deleting "and" at the end of paragraph (g) and inserting in lieu thereof the following: "With respect to a dog, the term means all dogs including those used for hunting, security, or breeding purposes;" and

(5) by deleting the period at the end of paragraph (h) and inserting a semicolon in lieu thereof.

[7 USC 2132.] SEC. 4. Section 2 of such Act is further amended by adding thereto two new paragraphs to read:

["Intermediate handler."] "(i) The term `intermediate handler' means any person including a department, agency, or instrumentality of the United States or of any State or local government (other than a dealer, research facility, exhibitor, any person excluded from the definition of a dealer, research facility, or exhibitor, an operator of an auction sale, or a carrier) who is engaged in any business in which he receives custody of animals in connection with their transportation in commerce; and

["Carrier."] "(j) The term `carrier' means the operator of any airline, railroad, motor carrier, shipping line, or other enterprise, which is engaged in the business of transporting any animals for hire."

[7 USC 2134, 2141, 2142.] SEC. 5. Sections 4, 11, and 12 of such Act are amended by striking out "affecting commerce" and inserting in lieu thereof "in commerce."

[7 USC 2136.] SEC. 6. Section 6 of such Act is amended by inserting after the term "research facility" a comma and the term "every intermediate handler, every carrier."

[7 USC 2139.] SEC. 7. Section 9 of such Act is amended by inserting after the term "section 12 of this Act," the term "or an intermediate handler, or a carrier" and by deleting the term "or an operator of an auction sale as well as of such person." at the end of section 9 and substituting therefor the following term: "operator of an auction sale, intermediate handler, or carrier, as well as of such person."

[7 USC 2140. Record retention.] SEC. 8. Section 10 of such Act is amended by deleting the phrase "upon forms supplied by the Secretary" from the first sentence and by inserting between the second and third sentences thereof the following: "At the request of the Secretary, any regulatory agency of the Federal Government which requires records to be maintained by intermediate handlers and carriers with respect to the transportation, receiving, handling, and delivery of animals on forms prescribed by the agency, shall require there to be included in such forms such information as the Secretary may require for the effective administration of this Act. Such information shall be retained for such reasonable period of time as the Secretary may prescribe. If regulatory agencies of the Federal Government do not prescribe requirements for any such forms, intermediate handlers and carriers shall make and retain for such reasonable period as the Secretary may prescribe such records with respect to the transportation, receiving, handling, and delivery of animals as the Secretary may prescribe."

[7 USC 2143. Standards. Rules and regulations.]] SEC. 9. Section 13 of such Act is amended by designating the provisions thereof as subsection (a) and by adding, after the second sentence therein, new sentences to read: "The Secretary shall also promulgate standards to govern the transportation in commerce, and the handling, care, and treatment in connection therewith, by intermediate handlers, air carriers, of animals consigned or other person, or any department, agency, or instrumentality of the United States or of any State or local government, for transportation in commerce. The Secretary shall have authority to promulgate such rules and regulations as he determines necessary to assure humane treatment of animals in the course of their transportation in commerce including requirements such as those with respect to containers, feed, water, rest, ventilation, temperature, and handling."

[7 USC 2143.] SEC. 10. Section 13 of such Act, as amended, is further amended by adding at the end thereof new subsections (b), (c), and (d) to read:

"(b) No dogs or cats, or additional kinds or classes of animals designated by regulation of the Secretary, shall be delivered by any dealer, research facility, exhibitor, operator of an auction sale, or department, agency, or instrumentality of the United States or of any State or local government, to any intermediate handler or carrier for transportation in commerce, or received by any such handler or carrier for such transportation from any such person, department, agency, or instrumentality, unless the animal is accompanied by a certificate issued by a veterinarian licensed to practice veterinary medicine, certifying that he inspected the animal on a specified date, which shall not be more than ten days before such delivery, and, when so inspected, the animal appeared free of any infectious disease or physical abnormality which would endanger the animal or animals or other animals or endanger public health: Provided, however, That the Secretary may by regulation provide exceptions to this certification requirement, under such conditions as he may prescribe in the regulations, for animals shipped to research facilities for purposes of research, testing or experimentation requiring animals not eligible for such certification. Such certificates received by the intermediate handlers and the carriers shall be retained by them as provided by regulations of the Secretary, in accordance with section 10 of this Act.

[7 USC 2140.] "(c) No dogs or cats, or additional kinds or classes of animals designated by regulation of the Secretary, shall be delivered by any person to any intermediate handler or carrier for transportation in commerce except to registered research facilities if they are less than such age as the Secretary may by regulation prescribe. The Secretary shall designate additional kinds and classes of animals and may prescribe different ages for particular kinds or classes of dogs, cats, or designated animals, for the purposes of this section, when he determines that such action is necessary or adequate to assure their humane treatment in connection with their transportation in commerce.

"(d) No intermediate handler or carrier involved in the transportation of any animal in commerce shall participatein any arrangement or engage in any practice under which the cost of such animal or the cost of the transportation of such animal is to be paid and collected upon delivery of the animal to the consignee, unless the consignor guarantees in writing the payment of transportation charges for any animal not claimed within a period of 48 hours after notice to the consignee of arrival of the animal, including, where necessary, both the return transportation charges and an amount sufficient to reimburse the carrier for all out-of-pocket expenses incurred for the care, feeding, and storage of such animals."

[7 USC 2145.] SEC. 11. Section 15 of such Act is amended by inserting after the term "exhibition" in the first sentence, a comma and the term "or administration of statutes regulating the transportation in commerce or handling in connection therewith of any animals", and by adding the following at the end of the sentence: "Before promulgating any standard governing the air transportation and handling in connection therewith, of animals, the Secretary shall consult with the Secretary of Transportation who shall have the authority to disapprove any such standard if he notifies the Secretary, within 30 days after such consultation, that changes in its provisions are necessary in the interest of flight safety. The Interstate Commerce Commission, the Civil Aeronautics Board, and the Federal Maritime Commission, to the extent of their respective lawful authorities, shall take such action as is appropriate to implement any standard established by the Secretary with respect to a person subject to regulation by it."

[7 USC 2146.] SEC. 12. (a) Subsection (a) of section 16 of such Act is amended by inserting the term "intermediate handler, carrier," in the first sentence after the term "exhibitor," each time the latter term appears in the sentence; by inserting before the period in the second sentence, a comma and the term "or (5) such animal is held by an intermediate handler or a carrier"; and by deleting the term "or" before the term "(4)" in the second sentence.

(b) Subsection (c) of section 16 of such Act is amended by striking the words "sections 19(b) and 20(b)" in the last sentence and inserting in lieu thereof the words "section 19(c)."

[7 USC 2149.] SEC. 13. Section 19 of such Act is amended to read as follows:

[License suspension and revocation. 7 USC 2142. Notice, hearing. ] "(a) If the Secretary has reason to believe that any person licensed as a dealer, exhibitor, or operator of an auction sale subject to section 12 of this Act, has violated or is violating any provision of this Act, or any of the rules or regulations or standards promulgated by the Secretary hereunder, he may suspend such person's license temporarily, but not to exceed 21 days, and after notice and opportunity for hearing, may suspend for such additional period as he may specify, or revoke such license, if such violation is determined to have occurred.

[Civil penalty. Notice, hearing. Civil action. Penalty.] "(b) Any dealer, exhibitor, research facility, intermediate handler, carrier, or operator of an auction sale subject to section 12 of this Act, that violates any provision of this Act, or any rule, regulation, or standard promulgated by the Secretary thereunder, may be assessed a civil penalty by the Secretary of not more than $1,000 for each such violation, and the Secretary may also make an order that such person shall cease and desist from continuing such violation. Each violation and each day during which a violation continues shall be a separate offense. No penalty shall be assessed or cease and desist order issued unless such person is given notice and opportunity for a hearing with a penalty and making a cease and desist order shall be final and conclusive unless the affected person files an appeal from the Secretary's order with the appropriate United States Court of Appeals. The Secretary shall give due consideration to the appropriateness of the penalty with respect to the size of the business of the person involved, the gravity of the violation, the person's good faith, and the history of previous violations. Any such civil penalty may be compromised by the Secretary. Upon any failure to pay the penalty assessed by a final order under this section, the Secretary shall request the Attorney General to institute a civil action in a district court of the United States or other United States court for any district in which such person is found or resides or transact business, to collect the penalty, and such court shall have jurisdiction to hear and decide any such action. Any person who knowingly fails to obey a cease and desist order made by the Secretary under this section shall be subject to a civil penalty of $500 for each offense, and each day during which such failure continues shall be deemed a separate offense.

[Review. 7 USC 2142.] "(c) Any dealer, exhibitor, research facility, intermediate handler, carrier, or operator of an auction sale subject to section 12 of this Act, aggrieved by a final order of the Secretary issued pursuant to this section may, within 60 days after entry of such an order, seek review of such order in the appropriate United States Court of Appeals in accordance with the provisions of section 2341, 2343 through 2350 of title 28, United States Code, and such court shall have exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of the Secretary's order.

[Penalties.] "(d) Any dealer, exhibitor, or operator of an auction sale subject to section 12 of this Act, who knowingly violates any provision of this Act shall, on conviction thereof, be subject to imprisonment for not more than 1 year, or a fine of not more than $1,000, or both. Prosecution of such violations shall, to the maximum extent practicable, be brought initially before United States magistrates as provided in section 636 of title 28, United States Code, and sections 3401 and 3402 of title 18, United States Code, and, with the consent of the Attorney General, may be conducted, at both trial and upon appeal to district court, by attorneys of the United States Department of Agriculture."

[Repeal. 7 USC 2150.] SEC. 14. Section 20 of such Act is hereby repealed.

[7 USC 2154.Infra. Effective date.] SEC. 15. Section 24 of such Act is amended by inserting the following at the end of the section: "Not withstanding the other provisions of this section, compliance by intermediate handlers, and carriers, and other persons with those provisions of this Act, as amended, with respect to intermediate handlers and carriers, and such regulations shall be promulgated no later that 9 months after the enactment of the Animal Welfare Act Amendments of 1976; and compliance by dealers, exhibitors, operators of auction sales, and research facilities with other provisions of this Act, as so amended, and the regulations thereunder, shall commence upon the expiration of 90 days after enactment of the Animal Welfare Act Amendments of 1976: Provided, however, That compliance by all persons with paragraphs (b), (c), and (d) of section 13 and with section 26 of this Act, as so amended, shall commence upon the expiration of said ninety-day period. In all other respects, said amendments shall become effective upon the date of enactment."

[7 USC 2155.] SEC. 16. Section 25 of such Act is amended by deleting from subsection (2) the word "and" where it last appears, deleting the period at the end of subsection (3) and inserting "; and" in lieu thereof, and by inserting after subsection (3) the following new subsection:

"(4) recommendations and conclusions concerning the aircraft environment as it relates to the carriage of live animals in air transportation.".

SEC. 17. Such Act is amended by adding at the end thereof the following new section:

[Animal fighting venture, prohibition. 7 USC 2156.] "SEC. 26. (a) It shall be unlawful for any person to knowingly sponsor or exhibit any animal in any animal fighting venture to which any animal was moved in interstate or foreign commerce.

"(b) It shall be unlawful for any person to knowingly sell, buy, transport, or deliver to another person or receive from another person for purposes of transportation, in interstate for foreign commerce, any dog or other animal for purposes of having the dog or other animal participate in an animal fighting venture.

[Penalties.] "(c) It shall be unlawful for any person to knowingly use the mail service of the United States Postal Service or any interstate instrumentality for purposes of promoting or in any other manner furthering an animal fighting venture except as performed outside the limits of the States of the United States.

"(d) Not withstanding the provisions of subsection (a), (b), or (c) of this section, the activities prohibited by such subsection shall be unlawful with respect to fighting ventures involving live birds only if the fight is to take place in a State where it would be in violation of the laws thereof.

"(e) Any person who violates subsection (a), (b), or (c) shall be fined not more than $5,000 or imprisoned for not more than 1 year, or both, for each such violation.

[Investigation. Warrant. Costs, recovery.] "(f) The Secretary or any other person authorized by him shall make such investigations as the Secretary deems necessary to determine whether any person has violated or is violating any provision of this section, and the Secretary may obtain the assistance of the Federal Bureau of Investigation, the Department of the Treasury, or other law enforcement agencies of the United States, and State and local governmental agencies, in the conduct of such investigations, under cooperative agreements with such agencies. A warrant to search for and seize any animal which there is probable cause to believe was involved in any violation of this section may be issued by any judge of the United States or of a State court of record or by a United States magistrate within the district wherein the animal sought is located. Any United States marshal or any person authorized under this section to conduct investigations may apply for and execute any such warrant, and any animal seized under such a warrant shall be held by the United States marshal or other authorized person pending disposition thereof by the court in accordance with this paragraph (f). Necessary care including veterinary treatment shall be provided while the animals are so held in custody. Any animal involved in any violation of this section shall be liable to be proceeded against and forfeited to the United States at any time on complaint filed in any United States district court or other court of the United States for any jurisdiction in which the animal is found and upon a judgement of forfeiture shall be disposed of by sale for lawful purposes or by other humane means, as the court may direct. Costs incurred by the United States for care of animals seized and forfeited under this section shall be recoverable from the owner of the animals if he appears in such forfeiture proceeding or in a separate civil action brought in the jurisdiction in which the owner is found, resides, or transacts business.

[Definitions.] "(g) For purposes of this section--

"(1) the term `animal fighting venture' means any event which involves a fight between at least two animals and is conducted for purposes of sport, wagering, or entertainment except that the term for `animal fighting venture' shall not be deemed to include any activity the primary purpose of which involves the use of one or more animals in hunting another animal or animals, such as waterfowl, bird, raccoon, or fox hunting;

"(2) the term `interstate or foreign commerce' means--

"(A) any movement between any place in a State to any place in another State or between places in the same State through another State; or

"(B) any movement from a foreign country into any State;

"(3) the term `interstate instrumentality' means telegraph, telephone, radio, or television operating interstate or foreign commerce;

"(4) the term `State' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory orpossession of the United States;

"(5) the term `animal' means any live bird, or any live dog or other mammal, except man; and

"(6) the conduct by any person of any activity prohibited by this section shall not render such person subject to the other sections of this Act as a dealer, exhibitor, or otherwise.

"(h)(1) The provisions of this Act shall not supersede or otherwise invalidate any such State, local, or municipal legislation or ordinance relating to animal fighting ventures except in case of a direct and irreconcilable conflict between any requirements thereunder and this Act or any rule, regulation, or standard hereunder.

[Ante, p. 421.] "(2) Section 3001(a) of title 39, United States Code, is amended by adding immediately after the words `title 18 ' a comma and the words `or section 26 of the Animal Welfare Act'."

[7 USC 2153.] SEC. 18. Section 23 of such Act is amended by inserting immediately before the period at the end of the third sentence "; Provided, That there is authorized to be appropriated to the Secretary of Agriculture for enforcement by the Department of Agriculture of the provisions of section 26 of this Act an amount not to exceed $100,000 for the transition quarter ending September 30, 1976, and not to exceed $400,000 for each fiscal year thereafter".

[7 USC 2144.] SEC. 19. Section 14 of such Act is amended by inserting in the first sentence after the term "standards" the phrase "and other requirements".

Approved April 22, 1976.

 

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