§ 1325A The unlawful trade in dog or cat by-products; class B misdemeanor; class A misdemeanor, penalties.

(a)(1) A person is guilty of the unlawful trade in dog or cat by-products in the 2nd degree if the person knowingly or recklessly sells, barters or offers for sale or barter, the fur or hair of a domestic dog or cat or any product made in whole or in part from the fur or hair of a domestic dog or cat.

(2) This subsection shall not apply to the sale or barter, or offering for sale or barter, of the fur or hair of a domestic dog or cat which has been cut at a commercial grooming establishment, or at a veterinary office or clinic, or for scientific research purposes.

(3) The unlawful trade in dog or cat by-products in the 2nd degree is a class B misdemeanor.

(b)(1) A person is guilty of the unlawful trade in dog or cat by-products in the 1st degree if the person knowingly or recklessly sells, barters or offers for sale or barter, the flesh of a domestic dog or cat or any product made in whole or in part from the flesh of a domestic dog or cat.

(2) The unlawful trade in dog or cat by-products in the first degree is a class A misdemeanor.

(c) In addition to any other penalty provided by law, any person convicted of a violation of this section shall be:

(1) Prohibited from owning or possessing any domestic dog or cat for 15 years after said conviction, except for those grown, raised or produced within the State for resale, where the person has all necessary licenses for such sale or resale, and receives at least 25 percent of the person's annual gross income from such sale or resale;

(2) Subject to a fine in the amount of $2,500 in any court of competent jurisdiction; and

(3) Required to forfeit any domestic dog or cat illegally owned in accordance with the provisions of Chapter 79 of Title 3.

(d) For the purposes of this section, the term "domestic dog or cat" means a dog (Canis familiaris) or cat (Felis catus or Felis domesticus) that is generally recognized in the United States as being a household pet and shall not include coyote, fox, lynx, bobcat or any other wild or commercially raised canine or feline species the fur or hair of which is recognized for use in warm clothing and outer wear by the United States Department of Agriculture and which species is not recognized as an endangered or threatened species by the United States Fish and Wild Life Service or the Delaware Department of Natural Resources and Environmental Control.

§ 1326 Animals; fighting and baiting prohibited; class F felony.

(a) A person who owns, possesses, keeps, trains or uses any bull, bear, dog, cock or other animal, or fowl, for the purpose of fighting or baiting; or a person who is party to or who causes any such fighting or baiting of any bear, dog, cock or other animal, or fowl; or a person who shall rent or otherwise obtain the use of a building, shed, room, yard, ground or premises for the purpose of fighting or baiting any animal or fowl, or shall knowingly suffer or permit the use of any building, shed, room, yard, ground or premises belonging to the person or under the person's control, for any of the purposes described in this section, shall be guilty of a class F felony.

(b) A person who is present at a building, shed, room, yard, ground or premises where preparations are being made for any exhibition prohibited by this section, knowing that such exhibition is taking place or about to take place is guilty of a class A misdemeanor.

(c) All animals, equipment, devices and money involved in a violation of this section shall be forfeited to the State. Animals so forfeited shall be disposed of in a humane manner.

(d) No prosecution for any offense under this section shall be commenced after 1 year from the commission of such offense.

(e) Any person convicted of a felony violation of this section shall be prohibited from owning or possessing any animal for 15 years after said conviction.

CHAPTER 5. SPECIFIC OFFENSES. SUBCHAPTER II. OFFENSES AGAINST THE PERSON. SUBPART D. SEXUAL OFFENSES. 

§ 777. Bestiality

A person is guilty of bestiality when the person intentionally engages in any sexual act involving sexual contact, penetration or intercourse with the genitalia of an animal or intentionally causes another person to engage in any such sexual act with an animal for purposes of sexual gratification.

Bestiality is a class D felony.

69 Laws 1993, ch. 91, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.

DELAWARE CODE ANNOTATED. TITLE 3. AGRICULTURE. PART VI. DOMESTIC AND FOREIGN ANIMALS, BIRDS, REPTILES AND INSECTS. CHAPTER 79. MISCELLANEOUS PROVISIONS CONCERNING ANIMALS.

 

§ 7901 Delaware Society for the Prevention of Cruelty to Animals.

(a) Incorporation. -- The Delaware Society for the Prevention of Cruelty to Animals is incorporated and made a body politic and corporate in law.

(b) Objects. -- The objects of the Society are to provide effective means for the prevention of cruelty to animals throughout the State and to conduct a program of education designed to eliminate acts of cruelty to animals.

(c) Powers. -- The Society shall have the power to enforce all laws enacted for the protection of animals; to purchase, print and circulate books and publications designed to promote the objects of the Society; to appoint or employ such agents or employees as the Board of Managers may from time to time deem necessary; to sue and be sued, in its corporate name, in any court in this State or elsewhere; to exercise all of the legal incidents common to a body corporate, including the right to use a seal, to receive legacies and donations, to acquire by purchase and transfer by sale, lease or mortgage real estate or any interest therein; to make and perform contracts of every kind with any person, corporation, government, state, county or municipality which are designed to promote the objects of the Society.

(d) Offices. -- The principal office of the Society shall be located in the County of New Castle, but the Society is authorized and empowered to establish branch offices at any place or places within the State.

(e) Existence. -- The Society shall have perpetual existence.

(f) Management. -- The affairs of the Society shall be conducted by a Board of Managers, at least 20 in number. The Board of Managers shall be selected by majority vote of the members of the Society present and voting at a meeting called for that purpose, for such periods, at such times, and in such manner as may be provided in the bylaws. The Board of Managers shall have those powers and duties prescribed in the bylaws and otherwise given by the laws of this State to corporate directors.

(g) Membership. -- Membership in the Society shall be open to all persons interested in the objects of the Society; provided, however, that the bylaws may prescribe conditions of membership, including an annual dues or assessment. The private property of the members of the Society shall not be subject to the payment of Society debts to any extent whatsoever.

(h) Officers. -- The officers of the Society shall be selected by the Board of Managers and shall be those officers provided for in the bylaws.

(i) Bylaws. -- The Society shall have the power to adopt a code of bylaws; said bylaws shall be binding upon the Society and its members until modified or rescinded by a majority vote of those members present and voting at a meeting called for that purpose.

(Code 1935, § 2556; 49 Del. Laws, c. 256, § 1.)

§ 7902 Enforcement of laws for protection of animals.

The sheriffs and constables of the several counties of this State, and the police force of the City of Wilmington, as well as all other places in the State where police organizations exist, shall, as occasion requires, assist the Kent County Society for the Prevention of Cruelty to Animals or The Delaware Society for the Prevention of Cruelty to Animals, their members or agents, in the enforcement of all laws which are enacted for the protection of dumb animals.

(14 Del. Laws, c. 477, § 6; Code 1915, § 2237; Code 1935, § 2561; 3 Del. C. 1953, § 7904; 60 Del. Laws, c. 209, § 2; 70 Del. Laws, c. 283, § 11.)

§ 7903 Fines and penalties in certain cases; disposition.

All fines, penalties and forfeitures, imposed and collected in any county of the State under every act relating to or affecting cruelty to animals, in every case where the prosecution shall be instituted and conducted by the Kent County Society for the Prevention of Cruelty to Animals and The Delaware Society for the Prevention of Cruelty to Animals, shall enure to such Society in aid of the purposes for which they were incorporated.

(16 Del. Laws, c. 382, § 3; Code 1915, § 2239; Code 1935, § 2563; 3 Del. C. 1953, § 7905; 60 Del. Laws, c. 209, §§ 3, 4; 70 Del. Laws, c. 283, § 11.)

§ 7904 Service of process.

Any warrant of arrest, or other process, issued under or by virtue of the several laws in relation to cruelty to animals, may be directed to and executed by any agent in Sussex and New Castle Counties of this State, so appointed by The Delaware Society for the Prevention of Cruelty to Animals or in Kent County of this State so appointed by the Kent County Society for the Prevention of Cruelty to Animals. No compensation shall be paid to the agent except by the Society.

(18 Del. Laws, c. 246; Code 1915, § 2249; Code 1935, § 2573; 3 Del. C. 1953, § 7906; 60 Del. Laws, c. 209, §§ 5, 6; 70 Del. Laws, c. 283, § 11.)

§ 7905 Impoundment.

(a) Any agent in Sussex and New Castle Counties of this State, so appointed by the Delaware Society for the Prevention of Cruelty to Animals, or in Kent County of this State, so appointed by the Kent County Society for the Prevention of Cruelty to Animals, or any law enforcement officer as defined in § 222 of Title 11, may, in instances of alleged acts of animal cruelty and as provided for by the laws of Delaware relating to seizure of property, impound in the appropriate S.P.C.A. shelter or, if required, in an appropriate veterinarian facility, any animal subjected to cruel mistreatment or cruel neglect. Should the owner or custodian of an animal not be available at or near the premises where the animal is located, upon taking an animal under this section the agent shall leave in an appropriate place written notice to the animal's owner or custodian of such action. Societies for the prevention of cruelty to animals shall take all reasonable action to insure that owners or custodians of an animal, impounded under this section, shall have received notice of such action as soon as possible and no later than 24 hours after the impoundment.

(b) An animal impounded under this section shall not remain in the custody of the appropriate Society for the Prevention of Cruelty to Animals longer than 48 hours and shall be returned to its owner or custodian unless a complaint is filed within the 48-hour period in the appropriate court under the animal cruelty laws against the owner or custodian, except that upon good cause shown a court may permit a reasonable extension of the 48-hour period not to exceed 30 days. When a complaint is filed in the appropriate court, the impounded animal shall remain in the custody of the appropriate Society for the Prevention of Cruelty to Animals pending the outcome of the action. If the owner or custodian is found to be in violation of the animal cruelty laws the court shall make a final determination as to the disposition of the animal. Should the complaint be withdrawn, prior to a court hearing, the animal shall be immediately made available to its owner or custodian.

(c) Upon a determination that probable cause exists to believe that the animal cruelty or animal fighting laws have been violated by the owner or custodian of any impounded animal, the State and/or the appropriate Society for the Prevention of Cruelty to Animals shall have the right to recover the costs of holding and caring for any animal impounded under this section from the owner or custodian of the animal. Each month, the State or appropriate Society for the Prevention of Cruelty to Animals shall submit a detailed billing to the owner or custodian of the animal, listing the accrued monthly costs of boarding, veterinary and other costs incurred. Notwithstanding any provision of this section or any other law to the contrary, failure of the animal's owner or custodian to pay these costs within 30 days of the receipt of a detailed monthly billing will result in ownership of the animal reverting to the State or to the appropriate Society for the Prevention of Cruelty to Animals. The provisions of this paragraph shall be applicable notwithstanding the final disposition of the criminal charges.

(d) An owner or custodian of an animal impounded under this section who is found guilty of cruelty to the animal, and the court orders the animal returned to such owner or custodian, shall, prior to taking the animal, reimburse the appropriate Society for the Prevention of Cruelty to Animals its regular standard fees charged for the care of animals while in the Society's custody plus any veterinary fees incurred for the animal during the period of impoundment. Failure of the animal's owner or custodian to pay such fees within 5 days after a finding of guilty will result in ownership of the animal reverting to the appropriate S.P.C.A.. The S.P.C.A. may then dispose of the animal in accord with its procedures for such disposition.

(e) Should an animal which has been impounded under this section expire while in the custody of the Society for the Prevention of Cruelty to Animals, the animal shall, as soon as possible, be turned over to the State Veterinarian at the Department of Agriculture. The State Veterinarian shall take whatever action necessary, including autopsy if required, to determine cause of the animal's death and shall record such cause. The cause of death shall, if requested, be furnished to the animal's owner and to the court handling the complaint relative to the animal. Disposition of the animal's remains shall be coordinated with the animal's owner and, provided a complaint has been filed, with the court handling the complaint.

(63 Del. Laws, c. 104, § 1; 70 Del. Laws, c. 283, § 11; 73 Del. Laws, c. 238, §§ 6-8.)

§§ 7906, 7907. [Reserved.]

Chapter 80. Humane Killing of Animals Held in Shelter.

§ 8001. Adoption or euthanasia authorized
Any dog, cat or any other animal held by or in the custody of a private or public animal shelter or agency and not reclaimed by the owner within 5 days from written notification to the owner of the animal, if ownership can be determined, unless earlier disposal is recommended by a doctor of veterinary medicine, may be disposed of only by adoption as a companion in a suitable home if a domestic animal, or by rehabilitation to its natural habitat if a wild animal, or by euthanasia performed in 1 of the following ways:
(1) By administration of sodium pentobarbital; or
(2) With chloroform by a means approved in writing by a licensed veterinarian after inspecting the equipment and method.

§ 8002. Administration of sodium pentobarbital
(a) Sodium pentobarbital shall be administered by any 1 of the following methods:
(1) Intravenous, intraperitoneal or intracardial injection of a lethal dose;
(2) Oral ingestion of powdered sodium pentobarbital in capsules mixed with food, with the animal remaining in its individual cage until dead.
(b) Sodium pentobarbital shall be administered under the following conditions:
(1) A sharp and undamaged hypodermic needle shall be used for each animal and be of a size suitable for the size and species of animal, and method of injection; and
(2) Administration shall be by a licensed veterinarian or by a person certified as proficient in the injection of sodium pentobarbital by a licensed veterinarian after passing both a written and practical examination.
(c) Sodium pentobarbital may be obtained by the animal shelter with required federal and state permits.

§ 8003. Administration of chloroform
Rodents, rabbits and infant wildlife may be euthanized with chloroform or injections of sodium pentobarbital.
(1) The animal to be killed shall be placed in an individual cage or compartment in a small airtight container constructed with proper closeable air intake and a chloroform dispenser device and view window sufficient to permit unobstructed observation of the animal until dead. The animal shall not be placed directly into a container already saturated with chloroform.
(2) The chloroform, of a dose sufficient to kill the size of animal, shall be placed onto a gauze, cotton or wool dispenser attached to the container wall in such a position that the animal shall not be able to come in direct contact with it. After the animal is unconscious, the fresh air intake is to be closed.
(3) The animal shall not be removed from the container for 30 minutes after cessation of respiratory movements. After the animal is removed, it shall be checked for heartbeat. The animal's body shall not be disposed of until the onset of rigor mortis.
(4) The room in which the chloroform is administered shall have forced ventilation to remove all fumes after each use, for the protection of personnel.
(5) All methods shall be inspected and approved in writing by a licensed veterinarian.

§ 8004. Proper facilities required
Any municipality that does not have proper facilities and trained personnel shall transport in a humane manner any animals which are to be euthanized to the nearest private or public shelter or agency which has proper facilities and trained personnel or contract for euthanasia of such animals by a licensed veterinarian.

§ 8005. Use of decompression chamber to be prohibited; violation constitutes class A misdemeanor; civil remedy; jurisdiction of Superior Court
(a) Anything in this chapter to the contrary notwithstanding, any shelter that has employed a high altitude, low pressure chamber, also known as the decompression chamber, to dispose of animals prior to July 4, 1985, may continue to do so for a period of 1 year after July 4, 1985. Thereafter, no shelter shall employ such a chamber to dispose of animals, and shall have complied with § 8006 of this title about the dismantling of such chambers.
(b) Failure by any person employed by, volunteering at or an agent of any private or public animal shelter to comply with this chapter for euthanizing animals shall constitute a class A misdemeanor and shall be punishable as provided by law.
(c) Any person may maintain a civil action to enjoin the continuance of the violation. If the acts sought to be enjoined are determined by the courts to violate this chapter, a permanent injunction against such acts shall be granted. The violation may also be abated by any public body or officer authorized to do so by law.
(d) The Superior Court shall have exclusive jurisdiction of misdemeanor offenses under this section.

§ 8006. Dismantling of decompression chamber
Within 1 year of July 4, 1985, any chamber or device used to induce hypoxia through decompression or in any other manner shall be dismantled and removed from the premises. The director or owner of any premises on which the chamber or device remains 1 year subsequent to July 4, 1985 shall be subject to the same penalty as that provided for a violation of the state cruelty to animals statute. The Superior Court shall have original, exclusive jurisdiction over all violations of this section.