This section comprises Alaska's anti-cruelty and animal fighting laws, which were amended in 2004. The section that references the definition of "animal" (Sec. 3. AS 11.81.900(b)) was amended by adding new a paragraph to read: "animal" means a vertebrate living creature not a human being, but does not include fish." The law first sets forth the relevant minimum standards of care. Alaska law also allows a person who believes that cruelty to animals has taken place or is taking place to file a complaint with a public or private animal control agency or organization, the department, or a peace officer.
AL - Fighting - Activities relating to fighting of dogs prohibited; punishment; confiscation; procedures for disposition of animals.
This Alabama statute constitutes the state's dogfighting law. Under the law, it is a class C felony for any person to own, possess, keep or train any dog with the intent that such dog shall be engaged in an exhibition of fighting with another dog; for amusement or gain, to cause any dog to fight with another dog, or cause any dogs to injure each other; or to permit any of the above acts. The law also makes it a class C felony to knowingly be present or be a spectator at dogfights.
AR - Cruelty - Consolidated Cruelty/Animal Fighting Laws
This section contains the Arkansas anti-cruelty and animal fighting provisions. A person commits a misdemeanor if he or she knowingly abandons any animal, subjects any animal to cruel mistreatment, subjects any animal in his or her custody to cruel neglect, kills or injures any animal belonging to another without legal privilege or consent of the owner. 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 counseling or treatment. "Animal" or "dumb animal" includes every living creature. Arkansas law also prohibits dog fighting, the dying of baby chicks, and unlawful bear exploitation.
AZ - Cockfighting - Proposition 201 - AN INITIATIVE MEASURE PROPOSING AN AMENDMENT TO TITLE 13, CHAPTER 29 OF THE ARIZONA REVISED STATUTES RELATING TO COCKFIGHTING
This proposition once passed classified cockfighting as a class 5 felony, generally punishable by a possible fine of up to $150,000 and a possible prison term ranging from nine months to two years. Presence at a cockfight would be classified as a class 1 misdemeanor, generally punishable by a possible fine of up to $2,500 and a possible jail term of up to six months. This proposition would extend existing state law animal cruelty exemptions and defenses that apply to lawful hunting, ranching, farming, rodeos and related activities to also apply to cockfighting.
AZ - Cruelty - Consolidated Cruelty/Animal Fighting Statutes
The Arizona section contains the state's anti-cruelty and animal fighting provisions. A person commits cruelty to animals if he or she intentionally, knowingly or recklessly subjects any animal under the person's custody or control to cruel neglect or abandonment, fails to provide medical attention necessary to prevent protracted suffering to any animal under the person's custody or control, inflicts unnecessary physical injury to any animal, or recklessly subjects any animal to cruel mistreatment, among other things. Animal is defined as a mammal, bird, reptile or amphibian. Exclusions include hunting and agricultural activities in accordance with those laws and regulations in Arizona. Intentionally attending a dogfight is a felony under this provision whereas attendance at a cockfight is a misdemeanor.
CA - Cockfighting - § 597i. Cockfighting implements; prohibitions; penalties
This statute makes it unlawful for anyone to manufacture, buy, sell, barter, exchange, or have in his possession any of the implements commonly known as gaffs or slashers, or any other sharp implement designed to be attached in place of the natural spur of a gamecock or other fighting bird. The section also provides for forfeiture of such items, in addition to any sentence imposed by the court.
CA - Cockfighting - § 597j. Persons who own, possess or keep or train any bird or other animal with intent that it be used or engaged in fighting exhibition; penalties
This California statute provides that it is a felony to own, possess, keep, or train any dog, with the intent that the dog shall be engaged in an exhibition of fighting with another dog, or to cause dogs to fight for the purpose of amusement or gain. Knowingly being a spectator at such an event constitutes a misdemeanor.
Whoever owns, possesses, keeps, or trains any bird or animal, with the intent that such animal shall be engaged in an exhibition of fighting, or is present at such exhibition, is guilty of a misdemeanor.
CA - Fighting - § 597d. Fighting animals or birds; entries and arrests without warrant
This provision allows for law enforcement officers to enter any place, building, or tenement, where there is an exhibition of the fighting of birds or animals, or where preparations are being made for such an exhibition, and, without a warrant, arrest all persons present.
CA - Fighting Animals - § 597b. Fighting animals or cockfighting; prohibition; penalties; aiding and abetting
This statute forbids anyone from causing a fight between any animal or creature for amusement or gain, or allowing an animal fight to take place on her premises. It also makes it a misdemeanor for anyone to be present at an animal fight.
CA - Forfeiture - § 599aa. Seizure of fighting animals and birds, paraphernalia, etc.; affidavit of officer; custody of seized property; forfeiture and destruction or redelivery
This section provides for the seizure and forfeiture of all birds, animals, paraphernalia, and any other property which is used in the fighting of birds or animals, the training of birds or animals to fight, or to inflict pain or cruelty on fighting animals. The section outlines the procedures for seizure and forfeiture, including what is to be done with seized animals.
CO - Cruelty - Consolidated Cruelty/Animal Fighting Statutes
This Colorado section contains the anti-cruelty and animal fighting laws. Under the law, "animal" is defined as any living dumb creature. A person commits cruelty to animals if he or she knowingly, recklessly, or with criminal negligence overdrives, overloads, overworks, torments, deprives of necessary sustenance, unnecessarily or cruelly beats, or allows to be housed in a manner that results in chronic or repeated serious physical harm among other things. A person commits aggravated cruelty to animals if he or she knowingly tortures, needlessly mutilates, or needlessly kills an animal. Cruelty to animals is a class 1 misdemeanor and aggravated cruelty is class 6 felony; engaging in animal fighting is a class 5 felony.
This D.C. statutory section comprises the anti-cruelty and animal fighting provisions. Whoever knowingly overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, cruelly chains, cruelly beats or mutilates, any animal, or knowingly causes such acts, or one who unnecessarily fails to provide proper food, drink, air, light, space, veterinary care, shelter, or protection from the weather, faces imprisonment up to180 days, or a fine of $250, or both. Actions that result in serious bodily injury or death to the animal result in felony prosecution with imprisonment not exceeding 5 years or a fine of $25,000, or both. "Animal" is defined by statute as all living and sentient creatures (human beings excepted). This section also prohibits animal fighting as either a felony (i.e., wagering or conducting the fight) or a misdemeanor (knowingly being present).
This section comprises the Florida anti-cruelty laws. Under this section, the word "animal" includes every living dumb creature. The misdemeanor violation of animal cruelty (section 828.12) occurs when a person unnecessarily overloads, overdrives, torments, deprives of necessary sustenance or shelter, or unnecessarily mutilates, or kills any animal, or carries in or upon any vehicle, any animal in a cruel or inhumane manner. A person who intentionally commits an act to any animal which results in the cruel death, or excessive or repeated infliction of unnecessary pain or suffering is guilty of a felony of the third degree. Psychiatric or psychological counseling are also mandatory for convicted offenders. The section also criminalizes animal abandonment and neglect as well as animal fighting.
Georgia's dogfighting statute states that a person commits the offense of dogfighting when he or she causes or allows a dog to fight another dog for sport or gaming purposes or maintains or operates any event at which dogs are allowed or encouraged to fight one another. Violation of the law is a felony, with a mandatory fine of $5,000.00 or a mandatory fine of $5,000.00 in addition to imprisonment for not less than one year nor more than five years.
IA - Cruelty - Injury to Animals other than Livestock
Under Title XVI of Iowa's criminal code, there are several chapters that outlaw forms of animal cruelty and animal fighting. The main animal cruelty provisions are contained in chapter 717B (Injuries to Animals other than Livestock). This chapter defines "animal" as any nonhuman vertebrate. However, it excludes livestock, game, fur-bearing animal, fish, reptile, or amphibian unless a person owns, confines, or controls the game, fur-bearing animal, fish, reptile, or amphibian, and any nongame considered a "nuisance." There are separate prohibitions against animal abuse, animal neglect, animal torture, abandonment of a cat or dog, and injury to a police service dog. Under both the animal abuse and animal torture sections, a first offense results in an aggravated misdemeanor. However, animal torture requires a mandatory psychological evaluation and graduates subsequent convictions to felony status. Exclusions under the various sections include veterinary care, hunting, animal husbandry, and scientific research, among others. Other criminal chapters include chapters 717C.1 (Bestiality), 717D (Animal Contest Events), and 717E (Pets as Prizes).
These Idaho statutes comprise the state's anti-cruelty and animal fighting provisions. Every person who is cruel to any animal and whoever having the charge or custody of any animal subjects any animal to cruelty is guilty of a misdemeanor. "Animal" means any vertebrate member of the animal kingdom, except humans. "Cruelty" is defined as the intentional and malicious infliction of pain, physical suffering, injury or death upon an animal as well as the negligent deprivation of necessary sustenance, among other things. Dogfighting and cockfighting exhibitions are also prohibited, but the rearing of gamecocks regardless of their later intended use is not prohibited.
IL - Cruelty Generally - Consolidated Cruelty Statutes (Humane Care for Animals Act)
This comprehensive Humane Care of Animals Act from Illinois gives the requisite anti-cruelty provisions. "Animal" means every living creature, domestic or wild, but does not include man. Notably, the Act includes a provisions for psychological counseling for a person convicted of violating this section. An individual is guilty of a Class B misdemeanor for the first offense and a second or subsequent violation is a Class 4 felony with every day that a violation continues constituting a separate offense. The Act includes special provisions for juveniles and "companion animal hoarders" (510 ILCS 70/2.10). The cruelty provisions are listed at 510 ILCS 70/3.01, 3.02, and 3.03. The statute also prohibits the marketing and distribution of depictions of animal torture or cruelty for entertainment purposes (510 ILCS 70/3.03-1).
The following statute comprises Illinois' dogfighting law. Under the law, it is a felony (with up to a $50,000 fine) to promote or instigate a fight, or to train or sell a dog for dogfighting purposes. There are also extenuating factors under the statute (such as producing a fight where minors are in attendance or where the activity is related to a streetgang activity) that will enhance the felony charge. Providing equipment or aiding in providing equipment for a fight is a misdemeanor. However, if one provides or helps provide a structure or building for a fight to occur, he or she is guilty of a felony. Knowingly attending a dogfight is misdemeanor violation.
These Indiana statutes set forth the anti-cruelty laws. As used in this chapter, "animal" does not include a human being. A person having a vertebrate animal in the person's custody who recklessly, knowingly, or intentionally abandons or neglects the animal commits cruelty to an animal, a Class B misdemeanor. A person who knowingly or intentionally purchases or possesses an animal for the purpose of using the animal in an animal fighting contest commits a Class A misdemeanor. However, a person who knowingly or intentionally promotes or stages an animal fighting contest, uses an animal in a fighting contest, or attends an animal fighting contest having an animal in the person's possession commits a Class D felony. Further, a person who knowingly or intentionally beats a vertebrate animal commits cruelty to an animal, a Class A misdemeanor. However, the offense is a Class D felony if the person has a previous, unrelated conviction under this section or the person knowingly or intentionally tortures or mutilates a vertebrate animal. Exclusions under the statute include accepted farm management practices, veterinary practices, fishing, hunting, trapping, pest control, and animal research in accordance with state and federal laws.
These Kentucky statutes represent the state's anti-cruelty and animal fighting provisions. Under the law, animal cruelty in the first-degree (a class D felony) occurs when a person causes four-legged animals to fight for pleasure or profit. Exclusions under this section include, among others, the killing of animals when hunting, fishing, or trapping; as incident to the processing as food or for other commercial purposes; or for veterinary, agricultural, spaying or neutering, or cosmetic purposes.
These Louisiana statutes comprise the state's anti-cruelty provisions. The term "cruel" is defined in the first section as every act or failure to act whereby unjustifiable physical pain or suffering is caused or permitted. The crime of cruelty to animals is subdivided into simple cruelty or aggravated cruelty. Simple cruelty occurs when a person intentionally or with criminal negligence overdrives, overloads, drives when overloaded, or overworks, torments, cruelly beats, or unjustifiably injures, or, having charge, custody, or possession of any animal, either as owner or otherwise, unjustifiably fails to provide any living animal with proper food, proper drink, proper shelter, or proper veterinary care. Aggravated cruelty occurs when a person intentionally or with criminal negligence tortures, maims, or mutilates any living animal, and has a possible penalty of a $5000-25,000 fine and 1-10 imprisonment. Birds are specifically excluded from the definition of "animal" for purposes of the statute, except for those birds typically raised as pets. The section also prohibits dogfighting, which is divided into misdemeanor and felony crimes based on conduct.
LA - Dog Fighting - House Bill 2064 (Louisiana Prohibition on Illegal Dog Training (failed))
This Louisiana 2001 proposed law would have provided for the crime of illegally training dogs; however, it died in committee. It would have also defined "illegally train" to mean the training of a dog to attack or kill a human being, another dog, or any other animal species. The proposed law would have created exceptions for any dog used by law enforcement officials, a guard dog used to defend livestock raised for commercial or subsistence purposes, or a guard dog used to defend any school, place of business, or personal residence. Violation of the proposed law would have incurred a fine of not more than $500 or imprisonment of not more than six months, or both.
LA - Dog Fighting - Senate Bill 682 (Louisiana Prohibition on Animal Fighting (failed))
This Louisiana Senate Bill proposed in 2001 would have expanded the definition for animal fighting from "dog fighting" to "animal fighting" and also prohibits intentional animal fighting. The amended law would have provided for the seizure and destruction or disposition of such animals and equipment used in animal fighting and would have created penalties for violations, including imprisonment.
LA - Dog Fighting - Senate Bill 866 (Louisiana Dogfighting Amendments (passed))
This Louisiana senate bill passed in the summer of 2001 defines the act of dogfighting and makes admissible as evidence of dogfighting certain paraphernalia used in the training of dogs to fight and injuries or alterations to the dog that are consistent with dogfighting. It exempts certain activities, including the training of dogs to protect livestock and the cropping of dogs' ears for cosmetic purposes. Upon first conviction, violation incurs a fine of not more than one thousand dollars or imprisonment with or without hard labor for not more than one year, or both. Upon a second or subsequent conviction, the offender shall be fined not more than three thousand dollars or be imprisoned with or without hard labor for not more than three years, or both.
These Massachusetts laws contain the state's anti-cruelty provisions. § 77 is the operative anti-cruelty statute and provides that whoever overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, cruelly beats, mutilates or kills an animal, and whoever uses in a cruel or inhuman manner in a race, game, or contest, or in training, as lure or bait a live animal (except as bait in fishing), or knowingly and willfully authorizes or permits it to be subjected to unnecessary torture, suffering or cruelty of any kind shall be punished by imprisonment in the state prison for not more than 5 years or imprisonment for not more than 2 1/2 years or by a fine of not more than $2,500, or by both such fine and imprisonment. Also prohibitions include the dying of baby chicks, the docking of horse tails, and both felony and misdemeanor penalties for animal fighting, depending on conduct.
This Maryland statutory section comprises the state's anti-cruelty provisions. Under the section, "animal" means a living creature except a human being. "Cruelty" is defined as the unnecessary or unjustifiable physical pain or suffering caused or allowed by an act, omission, or neglect, and includes torture and torment. Agricultural, veterinary, research, and "an activity that may cause unavoidable physical pain to an animal, including food processing, pest elimination, animal training, and hunting. . . " are excluded from the purview of the act. The cruelty law makes it a crime to overdrive or overload an animal; deprive an animal of necessary sustenance; inflict unnecessary suffering or pain on the animal; or unnecessarily fail to provide the animal with nutritious food in sufficient quantity, necessary veterinary care, proper drink, air, space, shelter, or protection from the weather. Such action constitutes a 90 day/$1,000 misdemeanor.
These Maine statutes comprise the state's anti-cruelty and animal fighting provisions. The first section of laws occurs under Title 7, Agriculture and Animals. Under these laws, a person commits animal cruelty if he or she kills the animal of another person; kills an animal by an inhumane method; injures, overworks, tortures, torments, abandons or cruelly beats or intentionally mutilates an animal; gives drugs to an animal with an intent to harm the animal; gives poison or alcohol to an animal; or exposes a poison with intent that it be taken by an animal. The neglect component of the statute provides that a person commits cruelty if he or she deprives an animal that the person owns or possesses of necessary sustenance, necessary medical attention, proper shelter, protection from the weather or humanely clean conditions. These acts are then cross-referenced under the criminal provisions of Title 17, which describes the penalties under § 1031. Animal fighting is a class D crime under this section.
The Michigan Legislature has designed three primary provisions related to cruelty to animals: intentional infliction of pain and suffering, duty to provide care, and anti-animal fighting. The intentional infliction of pain and suffering provision carries the most severe penalties for animal cruelty and a violation is automatically a felony. A violation of the duty to provide care provision is initially a misdemeanor, which becomes a felony for a second or subsequent violation. A violation of the anti-animal fighting provision is either a misdemeanor or a felony, depending on the severity of conduct related to fighting. The provision does not apply to the lawful killing of livestock or customary animal husbandry of livestock, or lawful fishing, hunting, trapping, wildlife control, pest or rodent control, and animal research.
MI - Fighting Generally - Anti-animal Fighting Provision
The anti-animal fighting provision prohibits conduct related to animal fighting, including but not limited to organizing or being a spectator at a fight and training or using animals for fighting.
MO - Bait - Proposition A - Felony to Bait or Fight Animals
This initiative petition passed in 1998 makes it a class D felony to bait or fight animals; permit such activities on premises under an individual's control; or promote, conduct, stage, advertise or collect fees for such activities; and makes it a class A misdemeanor to knowingly attend baiting or fighting of animals; knowingly sell, offer for sale, or transport animals for such purposes; own, possess, manufacture or deal in cockfighting implements; bear wrestle; permit bear wrestling on premises you control; promote, conduct, stage, advertise, or collect fees for bear wrestling; or market, possess, train, or surgically alter a bear for bear wrestling.
These Missouri statutes comprise the state's anti-cruelty laws. The term "animal" means every living vertebrate except a human being. The provisions of sections 578.005 to 578.023 do not apply to the care or treatment performed by a licensed veterinarian, bona fide scientific experiments, hunting, fishing, or trapping, publicly funded zoological parks, rodeo practices, the killing of an animal by the owner, the lawful, humane killing of an animal by an animal control officer, the operator of an animal shelter, a veterinarian, or law enforcement or health official, normal or accepted practices of animal husbandry, the killing of an animal by any person at any time if such animal is outside of the property of the owner or if such animal is injuring any person or farm animal, the killing of house or garden pests, or field trials, training and hunting practices as accepted by the Professional Houndsmen of Missouri. A person is guilty of animal neglect when he or she has custody or ownership or an animal and fails to provide adequate care, which results in substantial harm to the animal. A person is guilty of abandonment when he or she has knowingly abandoned an animal in any place without making provisions for its adequate care. Animal neglect and abandonment is a class C misdemeanor upon first conviction with enhancement to a class B misdemeanor for subsequent convictions. A person is guilty of animal abuse when a person intentionally or purposely kills an animal in any manner not allowed by law, purposely or intentionally causes injury or suffering to an animal, or, having ownership or custody of an animal, knowingly fails to provide adequate care or control. Animal abuse is a class A misdemeanor unless the person was previously convicted.
This statutory section constitutes Mississippi's anti-cruelty and animal fighting provisions. The pertinent anti-cruelty law, § 97-41-1, states that any person who overrides, overdrives, overloads, tortures, torments, unjustifiably injures, deprives of necessary sustenance, food, or drink, cruelly beats, or needlessly mutilates any living creature, is guilty of a misdemeanor. (However, this section was held unconstitutional in Davis v. State, 806 So.2d 1098 (Miss. 2001)). Other sections include mandatory forfeiture of mistreated animals, anti-animal fighting provisions, and separate sections that prohibit the malicious injuring of livestock and dogs.
This section comprises Montana's anti-cruelty and dogfighting laws. A person commits the offense of cruelty to animals if he or she knowingly or negligently subjects an animal to mistreatment or neglect; fails to provide an animal in the person's custody with food and water of sufficient quantity or minimum protection for the animal from adverse weather conditions; or, in cases of immediate, obvious, serious illness or injury, fails to provide licensed veterinary or other appropriate medical care. Animal abandonment of a "helpless animal" or abandoning any animal on any highway, railroad, or in any other place where it may suffer is also considered cruelty. A first conviction results in a possible $1,000/1 year imprisonment with graduating penalty enhancements for subsequent convictions. This section does not prohibit a person humanely destroying an animal for just cause or the use of commonly accepted agricultural and livestock practices on livestock (among other things).
This section comprises the relevant North Carolina animal cruelty statutes. The anti-cruelty statute provides that if any person intentionally overdrives, overloads, wounds, injures, torments, kills, or deprives any animal of necessary sustenance, he or she is guilty of a Class I misdemeanor. If a person maliciously tortures, mutilates, maims, cruelly beats, disfigures, poisons, or kills any animal he or she is guilty of a Class I felony. This section also makes promoting or conducting a cock fight a misdemeanor and promoting or conducting a dogfight a felony. Other prohibited acts include abandoning an animal, conveying any animal in a cruel manner, and restraining a dog in a cruel manner.
These New Hampshire statutes provide the animals anti-cruelty and animal fighting provisions for the state. Included are general anti-cruelty laws for any animal (including domestic and wild animals), exhibitions of fighting animals, provisions for protection of animals riding in motor vehicles, restrictions related to docking the tail of a horse, provisions for the use of animals in science classes or fairs, laws against maiming or willfully interfering with police dogs or horses, laws related to the willful interference with organizations or projects involving animals, and provisions related to dogs riding in pick-up trucks.
This section comprises the New Mexico anti-animal cruelty provisions. As used in this section, "animal" does not include insects or reptiles. Cruelty to animals occurs when person negligently mistreats, injures, kills without lawful justification or torments an animal or abandons or fails to provide necessary sustenance to an animal under that person's custody or control. Extreme cruelty to animals, a fourth-degree felony, consists of a person intentionally or maliciously torturing, mutilating, injuring or poisoning an animal or maliciously killing an animal. Upon conviction, the court may order a person to participate in an animal cruelty prevention program or an animal cruelty education program, or to obtain psychological counseling for treatment of a mental health disorder.
NV - Crimes - Senate Bill 62 (Amended Anti-Cruelty Statute)
This Nevada Senate Bill increases the penalties for certain mistreatment of animals; authorizing a court to require a defendant convicted of certain offenses involving the mistreatment of animals to submit to a psychiatric evaluation and to participate in counseling or therapy as a condition of probation. The bill also retains prohibitions against animal fighting and other forms of animal cruelty.
This comprehensive section comprises the Nevada anti-cruelty statutes. The section first empowers private prevention of cruelty to animals societies and outlines their powers and responsibilities, including the power to arrest. Under this section, "animal" does not include the human race, but includes every other living creature. Animal cruelty, as described in Section 574.100, prohibits the overdriving, overloading, torture, cruel beating or unjustifiable injuring, maiming, mutilation or killing of an animal, as well as the deprivation of necessary sustenance, food or drink. The first offense under this section is a misdemeanor with enhancement to a felony for a third or subsequent convictions. Animals fighting is also prohibited under the section, with enhanced sentences for subsequent convictions. Other specific crimes include mistreatment of dogs, abandonment of animals, poisoning (although the section does not prohibit the destruction of "noxious animals"), and basic requirements for the care of dogs and cats kept in kennels or sold by pounds or pet shops.
These New York statutes comprise the state's anti-cruelty provisions. "Animal," as used in this article, includes every living creature except a human being. A person who overdrives, overloads, tortures or cruelly beats or unjustifiably injures, maims, mutilates or kills any animal, or deprives any animal of necessary sustenance, food or drink, is guilty of a misdemeanor, punishable by imprisonment for not more than one year, or by a fine of not more than one thousand dollars, or by both. Exclusions include properly conducted scientific tests, experiments or investigations, involving the use of living animals approved by the state commissioner of health. A person is guilty of aggravated cruelty to animals when, with no justifiable purpose, he or she intentionally kills or intentionally causes serious physical injury to a companion animal with aggravated cruelty. For purposes of this section, "aggravated cruelty" shall mean conduct which: (i) is intended to cause extreme physical pain; or (ii) is done or carried out in an especially depraved or sadistic manner. Aggravated cruelty to animals is a felony which may not exceed two years.
These statutes comprise Ohio's anti-animal cruelty and animal fighting provisions. Included in the prohibited acts are abandoning domestic animals, willfully injuring or poisoning domestic or agricultural animals, drugging animals in competition, and "cruel" acts to both wild and domestic animals as defined by statute. The section also prohibits dogfighting and cockfighting.
OK - Cockfighting - Oklahoma Initiative Petition on Cockfighting
This petition makes it a felony to instigate or encourage cockfighting, possess or train birds for cockfighting, or maintain a facility for cockfighting in the state of Oklahoma. The ballot proposal also makes it a misdemeanor to knowingly be a spectator at a cockfight.
These Oregon statutes comprise the state's anti-cruelty laws. "Animal" means any nonhuman mammal, bird, reptile, amphibian or fish. Two interesting features are contained in Oregon law. First, it should be noted that the term "assault," which is generally associated with human crimes, is used to define certain crimes against animals. Second, animal abuse may be elevated to a felony offense if the act was committed directly in front of a minor child or if the perpetrator was previously convicted of domestic violence. There are two levels of animal abuse; animal abuse in the second degree occurs when person intentionally, knowingly or recklessly causes physical injury to an animal.and is a Class B misdemeanor. The more severe offense of animal abuse in the first degree occurs if a person intentionally, knowingly or recklessly causes serious physical injury to an animal, or cruelly causes the death of an animal. Animal abuse in the first degree is a Class A misdemeanor, but will be a Class C felony if the person committing the animal abuse has previously been convicted of two or more of the listed offenses (e.g., aggravated animal abuse and offenses involving domestic violence) or the person knowingly commits the animal abuse in the immediate presence of a minor child.
This section constitutes the Pennsylvania anti-cruelty provisions. The section distinguishes between misdemeanor and felony cruelty and the type of animal involved. Misdemeanor cruelty (a fine of $500) occurs when a person kills, maims or disfigures any domestic animal of another person, administers or exposes a domestic animal to poison, or interferes with a guide or service animal. A person commits a felony of the third degree if he or she willfully and maliciously kills, maims or disfigures any zoo animal in captivity or intentionally administers poison to such. Any person convicted of violating the provisions of this paragraph shall be sentenced to pay a fine of not less than $1,000 or to imprisonment for not more than two years, or both, and the court may also order a presentence mental evaluation. A subsequent conviction under this paragraph shall be a felony of the third degree. Also included in these provisions is the Horse Transport Law, which prohibits the transporting of horses stacked on top of each other. Exclusions under the act include the killing of animals found to be destroying domestic animals, the hunting of game animals, the killing of dogs declared nuisances, and pest control.
These Rhode Island statutes comprise the state's anti-cruelty and animal fighting provisions. The cruelty law provides that whoever overdrives, overloads, overworks, tortures, torments, deprives of necessary sustenance, or cruelly beats, mutilates or kills any animal, is subject to imprisonment up to 11 months, or a fine of $50.00 - $500, or both. The intentional cruelty provision expands the penalty to 2 years possible imprisonment or a fine of $1,000, or both. This provision also allows for an animal owner to recover triple damages in a civil action against one who commits the listed intentional acts. The section also declares animal fighting a 2-year felony, with penalty enhancements for subsequent convictions.
SC - Dogfighting - Animal Fighting and Baiting Act.
This South Carolina section comprises the state's Animal Fighting and Baiting Act. Under the Act, any person who owns an animal for the purpose of fighting or baiting, is a party to any fighting or baiting of any animal, or obtains the use of any structure for the purpose of fighting or baiting any animal is guilty of a felony and upon conviction must be punished by a fine of $5000 or 5 years imprisonment or both. The section also provides for seizure and forfeiture of animals used in fighting operations.
These South Dakota statutes comprise the state's anti-cruelty and animal fighting provisions. "Animal," any mammal, bird, reptile, amphibian, or fish, except humans. The mistreatment, torture, or cruelty of an animal is any act or omission whereby unnecessary, unjustifiable, or unreasonable physical pain or suffering is caused, permitted, or allowed to continue including acts of mutilation. The neglect of an animal is the failure to provide food, water, protection from the elements, adequate sanitation, adequate facilities, or care generally considered to be standard and accepted for an animal's health and well-being consistent with the species, breed, physical condition, and type of animal. No person owning or responsible for the care of an animal may inhumanely treat such animal. A violation of this section is a Class 1 misdemeanor. Exemptions include regulated scientific experiments using live animals and the destruction of dangerous animals.
These Tennessee anti-cruelty provisions define "animal" as a domesticated living creature or a wild creature previously captured. A person commits the offense of cruelty to animals (a Class A misdemeanor) if he or she intentionally or knowingly tortures, maims or grossly overworks an animal; fails unreasonably to provide necessary food, water, care or shelter for an animal in the person's custody; abandons unreasonably an animal in the person's custody; transports or confines an animal in a cruel manner; or inflicts burns, cuts, lacerations, or other injuries or pain. Animal fighting is also prohibited under this section, with dog fighting incurring a felony penalty and cockfighting resulting in a misdemeanor in most cases. A person commits aggravated cruelty (a Class E felony) to animals when, with aggravated cruelty and with no justifiable purpose, he or she intentionally kills or intentionally causes serious physical injury to a companion animal. Exclusions include animal farming, research, veterinary practices, hunting, trapping, "dispatching" rabid animals or wild animals on one's property, among other things.
TX - Cruelty - Consolidated Cruelty to Animals Statutes
Texas criminal statute addressing animal cruelty. Requires a scienter of intentionally or knowingly, and enumerates limited defenses. "Animal" means a domesticated living creature and wild living creature previously captured. "Animal" does not include an uncaptured wild creature or a wild creature whose capture was accomplished by conduct at issue under this section.
Texas criminal statute that prohibits dog fighting. Actions ranging from causing a dog to fight with another to attending a dog fight as a spectator are prohibited. To constitute an offense, one must demonstrate the requisite intent of intentionally or knowingly.
These Utah statutes comprise the state's anti-cruelty provisions. "Animal" is defined as a live, nonhuman vertebrate creature, but animals raised for agricultural purposes and wildlife are excluded from the definition. A person is guilty 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 in his custody, abandons an animal in the person's custody, transports or confines an animal in a cruel manner, injures an animal, or causes any animal to fight with another animal for amusement or gain. Aggravated cruelty (i.e., torturing, poisoning, or intentionally killing an animal) and dogfighting incur stiffer penalties.
Virginia allows attendance at cockfights so long as the fight is not "for money, prize or anything of value, or betting or wagering money" or there is no admission fee charged.
These Virginia statutes set forth the state's anti-cruelty and animal fighting provisions. Animal cruelty occurs when a person overrides, overdrives, overloads, tortures, ill-treats, abandons, willfully inflicts inhumane injury or pain not connected with bona fide scientific or medical experimentation, or cruelly or unnecessarily beats, maims, mutilates, or kills any animal. It also occurs when a person deprives any animal of necessary food, drink, shelter or emergency veterinary treatment. These activities constitute a Class 6 felony if the current violation or any previous violation of this subsection or subsection A resulted in the death of an animal or the euthanasia of the animal. The section specifically states that the word "animal" shall be construed to include birds and fowl. This section does not prohibit authorized wildlife management activities, hunting, fishing or trapping as regulated under other titles, or farming activities.
This Vermont statutory section contains the amended anti-cruelty and animal fighting laws. Animal cruelty, as defined by § 352, occurs when a person overworks, overloads, tortures, torments, abandons, administers poison to, cruelly beats or mutilates an animal, or deprives an animal which a person owns or possesses of adequate food, water, shelter, rest, sanitation, or necessary medical attention. It is also animal cruelty if one owns, possesses, keeps or trains an animal engaged in an exhibition of fighting. The section excludes scientific research activities, hunting, farming, and veterinary activities among others.
This section of statutes contains Washington's anti-cruelty provisions. Under the section, "animal" means any nonhuman mammal, bird, reptile, or amphibian. WA ST 16.52.205 and WA ST 16.52.207 are the primary anti-cruelty provisions that categorize cruelty in either the first or second degree. A person is guilty of animal cruelty in the first degree (a class C felony) when he or she intentionally inflicts substantial pain on, causes physical injury to, or kills an animal by a means causing undue suffering, or forces a minor to inflict unnecessary pain, injury, or death on an animal. A person is guilty of animal cruelty in the second degree (a misdemeanor) if, under circumstances not amounting to first degree animal cruelty, the person knowingly, recklessly, or with criminal negligence inflicts unnecessary suffering or pain upon an animal. An owner of an animal is guilty of animal cruelty in the second degree the owner 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 as a result of the failure, or if he or she abandons the animal.
This section comprises the Wisconsin anti-cruelty section. Under the section, "animal" includes every living warm-blooded creature (except a human being), reptile, or amphibian. The section prohibits "mistreating animals," which is defined as treating any animal, whether belonging to the person or another, in a cruel manner. This section does not prohibit bona fide experiments carried on for scientific research or normal and accepted veterinary practices. This section also prohibits the instigation of dogfights, and has a unique provisions that prohibits the shooting of caged or staked animals.
These West Virginia statutes comprise the state's anti-cruelty and animal fighting provisions. If any person cruelly mistreats, abandons or withholds proper sustenance, including food, water, shelter or medical treatment, necessary to sustain normal health and fitness or to end suffering or abandons any animal to die, or uses, trains or possesses any domesticated animal for the purpose of seizing, detaining or maltreating any other domesticated animal, he or she is guilty of a misdemeanor. If any person intentionally tortures or maliciously kills an animal, or causes, procures or authorizes any other person to torture or maliciously kill an animal, he or she is guilty of a felony. The provisions of this section do not apply to lawful acts of hunting, fishing, trapping or animal training or farm livestock, poultry, gaming fowl or wildlife kept in private or licensed game farms if kept and maintained according to usual and accepted standards of livestock, poultry, gaming fowl or wildlife or game farm production and management. The section also prohibits animal fighting as a misdemeanor unless the animals involved were wild game or fur-bearing animals, in which case it becomes a felony.
