Statute in Full:
45-8-209. Harming a police dog -- penalty -- definition
(1) A person commits the offense of harming a police dog if the person purposely or knowingly shoots, kills, or otherwise injures a police dog being used by a:
(a) law enforcement officer in discharging or attempting to discharge a legal duty in a reasonable and proper manner; or
(b) person while the person is under the control of and acting under the direction of an officer of an official law enforcement agency during the performance of the agency's law enforcement or search and rescue duties.
(2) A person convicted of the offense of harming a police dog may be fined an amount not to exceed $5,000 or be imprisoned in the state prison for a term not to exceed 1 year, or both.
(3) As used in this section, the following definitions apply:
(a) "Law enforcement officer" means a person who is a peace officer, as defined in 46-1-202, or any other agent of a criminal justice agency.
(b) "Police dog" means a dog that is:
(i) used by a law enforcement agency, as defined in 44-11-303, in the exercise of its authority;
(ii) specifically trained for law enforcement or search and rescue work; and
(iii) under the control of a law enforcement officer.
History: En. Secs. 1, 2, Ch. 536, L. 1985; amd. Sec. 1, Ch. 258, L. 1989; amd. Sec. 258, Ch. 800, L. 1991; amd. Sec. 1, Ch. 63, L. 1997.
45-8-210. Causing animals to fight -- owners, trainers, and spectators -- penalties -- exception -- definition
(1) A person commits the offense of causing animals to fight if he:
(a) owns, possesses, keeps, or trains any animal with the intent that such animal fight or be engaged in an exhibition of fighting with another animal;
(b) allows or causes any animal to fight with another animal or causes any animal to menace or injure another animal for the purpose of sport, amusement, or gain;
(c) knowingly permits any act in violation of subsection (1)(a) or (1)(b) to take place on any premises under his charge or control, or aids or abets any such act;
(d) participates in any exhibition in which animals are fighting for the purpose of sport, amusement, or gain.
(2) A person convicted of violating this section is guilty of a felony and shall be fined an amount not to exceed $5,000 or imprisoned in the state prison for a term of not less than 1 year or more than 5 years, or both such fine and imprisonment.
(3) Nothing in this section prohibits the following:
(a) accepted husbandry practices used in the raising of livestock or poultry;
(b) the use of animals in the normal and usual course of rodeo events; or
(c) the use of animals in hunting and training as permitted by law.
(4) For purposes of this section, "animal" means any cock, bird, dog, or mammal except man.
History: En. Secs. 2, 3, Ch. 410, L. 1985.
45-8-211. Cruelty to animals -- exceptions
(1) A person commits the offense of cruelty to animals if, without justification, the person knowingly or negligently subjects an animal to mistreatment or neglect by:
(a) overworking, beating, tormenting, torturing, injuring, or killing the animal;
(b) carrying or confining the animal in a cruel manner;
(c) failing to provide an animal in the person's custody with:
(i) food and water of sufficient quantity and quality to sustain the animal's normal health;
(ii) minimum protection for the animal from adverse weather conditions, with consideration given to the species;
(iii) in cases of immediate, obvious, serious illness or injury, licensed veterinary or other appropriate medical care;
(d) abandoning any helpless animal or abandoning any animal on any highway, railroad, or in any other place where it may suffer injury, hunger, or exposure or become a public charge; or
(e) promoting, sponsoring, conducting, or participating in an animal race of more than 2 miles, except a sanctioned endurance race.
(2) (a) A person convicted of the offense of cruelty to animals shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed 1 year, or both. A person convicted of a second or subsequent offense of cruelty to animals or of a first or subsequent offense of aggravated animal cruelty shall be fined an amount not to exceed $2,500 or be sentenced to the department of corrections for a term not to exceed 2 years, or both.
(b) If the convicted person is the owner, the person may be required to forfeit any animal affected to the county in which the person is convicted. This provision does not affect the interest of any secured party or other person who has not participated in the offense.
(c) For the purposes of this subsection (2), when more than one animal is subject to cruelty to animals, each act may comprise a separate offense.
(3) In addition to the sentence provided in subsection (2), the court:
(a) shall require the defendant to pay all reasonable costs incurred in providing necessary veterinary attention and treatment for any animal affected, including reasonable costs of care incurred by a public or private animal control agency or humane animal treatment shelter;
(b) may require the defendant to pay all reasonable costs of necessary care of the affected animal that are incurred by a public or private animal control agency or humane animal treatment shelter; and
(c) shall prohibit or limit the defendant's ownership, possession, or custody of animals, as the court believes appropriate during the term of the sentence.
(4) This section does not prohibit:
(a) a person humanely destroying an animal for just cause;
(b) the use of commonly accepted agricultural and livestock practices on livestock;
(c) rodeo activities that meet humane standards of the professional rodeo cowboys association;
(d) lawful fishing, hunting, and trapping activities;
(e) lawful wildlife management practices;
(f) lawful scientific or agricultural research or teaching that involves the use of animals;
(g) services performed by a licensed veterinarian;
(h) lawful control of rodents and predators and other lawful animal damage control activities; or
(i) accepted training and discipline methods.
History: En. 94-8-106 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-8-106; amd. Sec. 1, Ch. 148, L. 1985; amd. Sec. 1, Ch. 410, L. 1985; amd. Sec. 1, Ch. 424, L. 1991; amd. Sec. 1, Ch. 556, L. 1993; amd. Sec. 1, Ch. 358, L. 2003; amd. Sec. 1, Ch. 366, L. 2003.
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