Statute in Full:
Cruelty Provisions and Definitions
§ 5-62-101. Cruelty to animals
§§ 5-62-102 to 5-62-109. Reserved
§§ 5-62-102 to 5-62-109. Reserved
§ 5-62-110. Animal cruelty definitions
§ 5-62-111. Prevention of cruelty, animals
§ 5-62-112. Search, arrest warrants; animals
Arrest, Impoundment, and Injunction Provisions
§ 5-62-113. Authorized arrests; animal cruelty
§ 5-62-114. Arrested persons; animal possession
§ 5-62-115. Injunction limitations; animal societies
§ 5-62-116. Sale, destruction, diseased animals
§ 5-62-117. Illegality, animal decompression chambers
§ 5-62-118. Food, water, impounded animals
§ 5-62-119. Animal transportation cruelty; custody
Animal Fighting Provisions
§ 5-62-120. Unlawful dog fighting, defined
Miscellaneous Cruelty Provisions
§ 5-62-121. Sales, disfigurement; chicks, rabbits, etc.
§ 5-62-122. Livestock running loose
§ 5-62-123. Animal carcass larceny; dismemberment
§ 5-62-124. Unlawful bear exploitation
§ 5-62-101. Cruelty to animals
(a) A person commits the offense of cruelty to animals if, except as authorized by law, he or she knowingly:
(1) Abandons any animal;
(2) Subjects any animal to cruel mistreatment;
(3) Subjects any animal in his or her custody to cruel neglect; or
(4) Kills or injures any animal belonging to another without legal privilege or consent of the owner.
(b) Cruelty to animals is a Class A misdemeanor.
(c)(1) In addition to all other penalties provided by law, the court may order any person found guilty of cruelty to animals to receive a psychiatric or psychological evaluation, and if determined appropriate, psychiatric or psychological counseling or treatment.
(2) The cost of any evaluation, counseling, or treatment may be ordered paid by the defendant up to the jurisdictional limit of the court.
(d) If the person pleads guilty or nolo contendere to or is found guilty of cruelty to animals, the court may assign custody of the abused animal or animals to a society which is incorporated for the prevention of cruelty to animals.
Acts of 1975, Act 280, § 2918; Acts of 1983, Act 285, § 1; Acts of 2001, Act 1826, § 1, eff. April 18, 2001.
§§ 5-62-102 to 5-62-109. Reserved
§ 5-62-110. Animal cruelty definitions
(a) As used in this act, unless the context otherwise requires:
(1) "Animal" or "dumb animal" includes every living creature;
(2) "Torture", "torment", or "cruelty" include every act, omission, or neglect whereby unjustifiable physical pain, suffering, or death is caused or permitted;
(3) "Owner" and "person" include corporations as well as individuals.
(b) Nothing in this act shall be construed as prohibiting the shooting of birds or other game for the purpose of human food.
Acts of 1879, Act 47, § 15, p. 54.
§ 5-62-111. Prevention of cruelty, animals
(a) Any officer, agent, or member of a society which is incorporated for the prevention of cruelty to animals may lawfully interfere to prevent the perpetration of any act of cruelty upon any animal in his presence.
(b) Any person who shall interfere with or obstruct any such officer, agent, or member in the discharge of his duty shall be guilty of a misdemeanor.
Acts of 1879, Act 47, § 10, p. 54.
§ 5-62-112. Search, arrest warrants; animals
Upon complaint under oath or affirmation to any magistrate authorized to issue warrants in criminal cases that the complainant has any just and reasonable cause to suspect that any of the provisions of law relating to or in anywise affecting animals are being, or are about to be, violated in any particular building or place, the magistrate shall immediately issue and deliver a warrant to any person authorized by law to make arrests for such offenses authorizing him to enter and search such building or place and to arrest any person there present found violating any of the laws and to bring that person before the nearest magistrate of competent jurisdiction, to be dealt with according to law.
Acts of 1879, Act 47, § 14, p. 54.
§ 5-62-113. Authorized arrests; animal cruelty
The agents of any society which is incorporated for the prevention of cruelty to animals, upon being appointed by the president of the society in any county of this state, may, within the county, make arrests and bring before any court or magistrate having jurisdiction, any offenders found violating the provisions of this act.
Acts of 1879, Act 47, § 9, p. 54.
§ 5-62-114. Arrested persons; animal possession
When any person arrested is, at the time of arrest, in charge of any vehicle drawn by or containing any animal, any agent of a society for the prevention of cruelty to animals may take charge of the animal and the vehicle and its contents and deposit them in a safe place of custody, or deliver them into the possession of the police or sheriff of the county or place wherein the arrest was made, who shall thereupon assume the custody thereof.
Acts of 1879, Act 47, § 12, p. 54.
§ 5-62-115. Injunction limitations; animal societies
No injunction shall be granted against a society for the prevention of cruelty to animals or any of its officers or agents except upon motion after due notice and hearing thereof.
Acts of 1879, Act 47, § 13, p. 54.
§ 5-62-116. Sale, destruction, diseased animals
(a) Any person who shall sell or offer for sale, or use, or expose, or who shall cause or procure to be sold or offered for sale, or used, or to be exposed, any horse or other animal having the disease known as glanders or farcy or any other contagious or infectious disease known to such person to be dangerous to human life, or which shall be diseased past recovery, shall be guilty of a misdemeanor.
(b) Every animal having glanders or farcy shall at once be deprived of life by the owner or person having charge of the animal, upon discovery or knowledge of its condition, and any such owner or person omitting or refusing to comply with the provisions of this section shall be guilty of a misdemeanor.
(c) Any agent or officer of a society for the prevention of cruelty to animals may lawfully destroy or cause to be destroyed any animal found abandoned or otherwise and not properly cared for, appearing, in the judgment of two (2) reputable citizens called by him to view the animal in his presence, to be glandered, injured, or diseased past recovery for any useful purpose.
Acts of 1879, Act 47, §§ 7, 8, 11, p. 54.
§ 5-62-117. Illegality, animal decompression chambers
(a) It is unlawful to use a decompression chamber for the destruction of animals.
(b) Use of a decompression chamber for the destruction of animals is a Class C misdemeanor.
Acts of 1979, Act 112, §§ 1, 2.
§ 5-62-118. Food, water, impounded animals
§ 5-62-118. Food, water, impounded animals
(a)(1) Any person who impounds or causes to be impounded in any pound or other place any creature shall supply to it during the confinement a sufficient quantity of good wholesome food and water.
(2) Upon conviction, a person who violates subdivision (a)(1) of this section is guilty of a Class A misdemeanor.
(b)(1) When any creature is at any time impounded as provided in subsection (a) of this section and continues to be without necessary food and water for more than twelve (12) successive hours, it is lawful from time to time and as often as it is necessary for any person to enter into and upon any pound or other place in which the creature is so confined and to supply it with necessary food and water so long as the creature remains so confined.
(2)(A) A person is not liable to any action for the entry and the reasonable cost of the food and water may be collected by him or her from the owner of the creature.
(B) The creature is not exempt from levy and sale upon execution issued upon a judgment for the reasonable cost of the food and water.
Acts of 1879, Act 47, §§ 3, 4, p. 54; Acts of 2007, Act 827, § 51, eff. July 31, 2007.
Formerly C. & M. Dig., §§ 2612, 2613; Pope's Dig., §§ 3299, 3300; A.S.A. 1947, §§ 41-2953, 41-2954.
§ 5-62-119. Animal transportation cruelty; custody
If any person shall carry or cause to be carried in or upon any vehicle, boat, or otherwise any creature in a cruel or inhuman manner, he shall be guilty of a misdemeanor, and, whenever such person shall be taken into custody by any officer, such officer may take charge of such vehicle, boat, etc., and its contents, and deposit them in some safe place of custody. Any necessary expenses which may be incurred for taking charge of and keeping and sustaining the vehicle, boat, etc. shall be a lien thereon, to be paid before the vehicle, boat, etc. can lawfully be recovered, or the expenses, or any part, remaining unpaid may be recovered by the person incurring the expenses of the owner of the creature in any action therefor.
Acts of 1879, Act 47, § 5, p. 54.
§ 5-62-120. Unlawful dog fighting, defined
(a)(1) A person commits the offense of unlawful dog fighting in the first degree if he knowingly:
(A) Promotes, engages in, or is employed at dog fighting; or
(B) Receives money for the admission of another person to a place kept for dog fighting; or
(C) Sells, purchases, possesses, or trains a dog for dog fighting.
(2) Unlawful dog fighting in the first degree is a Class D felony.
(b)(1) A person commits the offense of unlawful dog fighting in the second degree if he knowingly:
(A) Purchases a ticket of admission to or is present at a dog fight; or
(B) Witnesses a dog fight if it is presented as a public spectacle.
(2) Unlawful dog fighting in the second degree is a Class A misdemeanor.
(c) Upon the arrest of any person for violating the provisions of this section, the arresting law enforcement officer or animal control officer shall have the authority to seize and take custody of all dogs in the possession of the arrested person.
(d) Upon the conviction of any person for violating the provisions of this section, any court of competent jurisdiction shall have the authority to order the forfeiture by the convicted person of all dogs the use of which was the basis of the conviction. Any dogs ordered forfeited under the provisions of this subsection shall be placed in the custody of a society which is incorporated for the prevention of cruelty to animals, or an animal control agency.
(e) In addition to the fines, penalties, and forfeitures imposed under the provisions of this section, the court may require the defendant to make restitution to the state, any of its political subdivisions, or a society which is incorporated for the prevention of cruelty to animals for housing, feeding, or providing medical treatment to dogs used for unlawful dog fighting.
Acts of 1981, Act 862, § 1; Acts of 1987, Act 26, § 1; Acts of 1989, Act 528, § 1.
§ 5-62-121. Sales, disfigurement; chicks, rabbits, etc.
(a) It shall be unlawful for any person, firm, or corporation to sell or offer for sale, barter, or give away living baby chicks, rabbits, or ducklings under two (2) months of age in any quantity less than six (6).
(b) It shall be unlawful for any person, firm, or corporation to sell, offer for sale, barter, give away, or display living baby chicks, rabbits, or ducklings which have been dyed, colored, or otherwise treated so as to impart to them an artificial color.
(c) This section shall not be construed to prohibit the sale or display of natural baby chicks, rabbits, or ducklings in proper brooder facilities by hatcheries or stores engaged in the business of selling them for commercial purposes.
(d) Any person, firm, or corporation violating any of the provisions of this section shall, upon conviction, be deemed guilty of a Class C misdemeanor.
(e) Nothing in this section shall prohibit growers of living baby chicks, rabbits, ducklings, or other fowl from selling or making gifts thereof in quantities they deem appropriate.
Acts of 1977, Act 792, § 1.
§ 5-62-122. Livestock running loose
(a) A person commits the offense of permitting livestock to run at large if being the owner or person charged with the custody and care of livestock he or she knowingly permits the livestock to run at large.
(b) As used in this section, "livestock" includes horses, mules, cattle, goats, sheep, swine, chickens, ducks, and similar animals and fowl commonly raised or used for farm purposes.
(c)(1) Except as provided in subdivision (c)(2) of this section, permitting livestock to run at large is a violation and upon conviction a person may be subject to a fine not to exceed one hundred dollars ($100).
(2) Any person who allows any hog to run at large is guilty of a violation and upon conviction is subject to a fine not to exceed five hundred dollars ($500).
Acts of 1975, Act 280, § 2919; Acts of 1999, Act 457, § 4, eff. July 30, 1999; Acts of 2005, Act 1994, § 183, eff. Aug. 12, 2005.
§ 5-62-123. Animal carcass larceny; dismemberment
Upon an indictment for the larceny of any animal which it is a felony to steal, a conviction may be had for the larceny of the carcass of such animal, or of the flesh of such animal, if the carcass has been dismembered, as the evidence in the case may warrant.
Acts of 1936, Initiated Act 3, § 21, Acts of 1937, p. 1384.
§ 5-62-124. Unlawful bear exploitation
(a) A person commits the offense of unlawful bear exploitation if he knowingly:
(1) Promotes, engages in, or is employed at a bear wrestling match;
(2) Receives money for the admission of another person to a place kept for bear wrestling;
(3) Sells, purchases, possesses, or trains a bear for bear wrestling; or
(4) For purposes of exploitation, subjects a bear to surgical alteration in any form, including, but not limited to, declawing, tooth removal, and severing tendons.
(b) Unlawful bear exploitation is a Class D felony.
(c) Upon the arrest of any person for violating the provisions of this section, the arresting law enforcement officer or animal control officer shall have authority to seize and take custody of all bears in the possession of the arrested person.
(d) Upon the conviction of any person for violating the provisions of this section, any court of competent jurisdiction shall have authority to order the forfeiture by the convicted person of all bears the use of which was the basis of the conviction. Any bears ordered forfeited under the provisions of this section shall be placed in the custody of a society which is incorporated for the prevention of cruelty to animals.
(e) In addition to the fines, penalties, and forfeitures imposed under the provisions of this section, the court may require the defendant to make restitution to the state, any of its political subdivisions, or a society which is incorporated for the prevention of cruelty to animals for housing, feeding, or providing medical treatment to bears used for unlawful wrestling.
Acts of 1989, Act 346, § 1.
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