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Title Citation Alternate Citation Agency Citation Summary Type
CO - Cruelty - Consolidated Cruelty/Animal Fighting Statutes C. R. S. A. § 18-9-201 - 209; § 35-42-101 - 115 CO ST § 18-9-201 - 209; § 35-42-101 - 115 This Colorado section contains the anti-cruelty and animal fighting laws. 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, allows to be housed in a manner that results in chronic or repeated serious physical harm, carries or confines in or upon any vehicles in a cruel or reckless manner, or otherwise mistreats or neglects any animal. 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 or a second conviction of animal cruelty is class 6 felony. This section also prohibits animal fighting (not limited to certain species such as dogs or chickens). Violation of this law results in a class 5 felony. This section also makes it illegal to own a dangerous dog and "tamper" with livestock. Statute
UT - Wildlife Possession - R657-3. Collection, Importation, Transportation, and Possession of Animals. UT ADC R657-3 U.A.C. R657-3 This set of Utah rules concerns the collection, importation, and possession of zoological animals under circumstances described in the rules. Commonly kept domestic animals such as alpacas, donkeys, cats, dogs and hybrid dogs, gerbils, goats, hamsters, and many others are not governed by these rules. A person shall obtain a certificate of registration before collecting, importing, transporting, or possessing any species of animal or its parts classified as prohibited or controlled. A person may not release to the wild or release into any public or private waters any zoological animal, including fish, without first obtaining authorization from the division. Certain species are prohibited for collection, importation, and possession. These species include bighorn sheep, bears, coyotes, gray wolves, wild cats, skunks, lemurs, great apes, and those species listed in Appendix I or II of CITES, among others listed in R657-3-24. Administrative
Howard v. Chimps, Inc. 284 P.3d 1181 (Or. App. 2012) 2012 WL 3195145 (Or. App. 2012); 251 Or.App.636 (2012)

While cleaning a cage at a chimpanzee sanctuary, the plaintiff was twice attacked by a chimpanzee, which left the plaintiff without much of her thumb. Plaintiff brought a suit against the sanctuary based on claims of strict liability; under a statute and common law; negligence; and gross negligence. At the district court, the plaintiff lost because she had signed a waiver releasing the sanctuary from liability "on all claims for death, personal injury, or property damage" and because she failed to state a claim in regards to the gross negligence charge. In affirming the lower court's decision, the appellate court found an enforceable contract existed with the waiver, and that there was no evidence of reckless disregard on defendant's part to rise to the level of gross negligence.

Case
DC - Exotic Pets - § 8-1808. Prohibited conduct. DC CODE § 8-1808 DC ST § 8-1808 This DC law outlines things an owner or custodian is prohibited from doing with regard to his or her animal. Among them is that an owner or custodian shall not allow his or her animal to go at large. An owner or custodian shall not leave his or her animal outdoors without human accompaniment or adequate shelter for more than 15 minutes during periods of extreme weather, unless the age, condition, and type of each animal allows the animal to withstand extreme weather (excluding cats). The law also states that a person shall not separate a puppy or a kitten from its mother until the puppy or kitten is at least 6 weeks of age. Certain animals are prohibited from being possessed or sold in the District, which are outlined in subsection (j). Statute
ME - Endangered Species - Subchapter 3. Endangered Species; Management and Research. 12 M. R. S. A. § 12801 - 12810 ME ST T. 12 § 12801 - 12810 Maine revised its endangered species law in 2019. "Take" means the he act or omission that results in the death of any endangered or threatened species. There are two types of offenses based on whether the conduct is negligent or intentional. Negligent acts concerning an endangered species result in a Class E crime with a fine of $1,000 which may not be suspended. Intentional acts concerning an endangered species result in a Class D crime with a fine of $2,000 which may not be suspended. Each type of taking lists what is prohibited with regard to endangered species, including hunting, possessing, and feeding/baiting. Section 12810 also covers offenses against delisted species (of which the bald eagle is specifically listed). Statute
US - Chimpanzees - Endangered and Threatened Wildlife and Plants; Endangered Status for Chimpanzee and Pygmy Chimpanzee 1990 WL 325467 (F.R.) 50 CFR Part 17 RIN 1018-AB23

The Fish and Wildlife Service (Service) reclassifies wild populations of the chimpanzee and all populations of the pygmy chimpanzee from threatened to endangered status. Both species have declined through such problems as massive habitat destruction, excessive hunting and capture by people, and lack of effective national and international controls. This rule will enhance the protection of the Endangered Species Act of 1973, as amended, for these species. Captive populations of the chimpanzee will continue to be classified as threatened, and individuals of that species in the United States will continue to be covered by a special regulation allowing activities otherwise prohibited.

Administrative
NE - Exotic Wildlife - 008 Keeping Wildlife in Captivity 163 NE ADC Ch. 4, § 008 Neb. Admin. R. & Regs. Tit. 163, Ch. 4, § 008 This Nebraska regulation lists species that are unlawful to keep unless a person is issued a Captive Wildlife Permit, a Controlled Shooting Area Permit, a Rehabilitation Permit or a Scientific Collectors Permit, issued by the Nebraska Game and Parks Commission or under a captive cervine permit issued by the Nebraska Department of Agriculture. Captive Wildlife Permits shall not be issued for wild birds or wild mammals which have been taken or removed from the wild. Provisions for public auctions that deal in captive wild bird or mammals are described in 008.004. Importation and exportation of wildlife are also detailed in this rule. Administrative
NY - Exotic - Chapter 43-B. Of the Consolidated Laws. McKinney's E. C. L. § 11-0501 to 11-0540 NY ENVIR CONSER § 11-0501 to 11-0540 This set of New York statutes provides some of the state's fish and wildlife laws. Among the provisions include a prohibition against interference with wildlife, restriction on the possession and importation of certain wildlife such as wolves, wolfdogs, coyotes, coydogs, foxes, skunks, and venomous reptiles, and laws that allows individuals to take destructive wildlife. No person shall knowingly possess, harbor, sell, barter, transfer, exchange or import any wild animal for use as a pet in New York state, except that any person who possessed a wild animal for use as a pet at the time that this section went effect may retain possession of such animal for the remainder of its life. Statute
RI - Endangered Species - Chapter 37. Endangered Species of Animals and Plants. Gen. Laws, 1956, § 20-37-1 to 5 RI ST § 20-37-1 to 5 These Rhode Island statutes set out the legislative policy and definitions related to state endangered species law, including the definition of "animal" and what constitutes an "endangered species." By statute commerce is strictly prohibited, as it it illegal to "buy, sell, offer for sale, store, transport, import, export, or otherwise traffic in any animal or plant or any part of any animal or plant whether living, dead, processed, manufactured, preserved, or raw if the animal or plant has been declared to be an endangered species by either the United States secretaries of the interior or commerce or the director of the Rhode Island department of environmental management." Violation of the Act results in fines from $500-5,000 or up to one year imprisonment, or both. Statute
Nonhuman Rights Project on behalf of Tommy and Kiko v. 31 N.Y.3d 1054, 100 N.E.3d 846 (2018) 2018 WL 2107087 (Mem), 2018 N.Y. Slip Op. 03309 The petitioner, Nonhuman Rights Project brought this appeal on behalf of Tommy and Kiko, who are two captive chimpanzees. The chimpanzees had been confined by their owners in small cages within a warehouse and a cement storefront in a crowded residential area, respectively. Petitioner sought leave to appeal from an order of the Appellate Division, which affirmed two judgments of the Supreme Court declining to sign orders to show cause to grant the chimpanzees habeas relief. The lower courts based their denial of habeas corpus for the chimpanzees on the dictionary definition for "person." The term “person” tends to lean towards an entity that is recognized by law as having most of the rights and duties of a human. The Appellate Division also reasoned that chimpanzees are not considered people because they lack the capacity to bear legal duties or to be held legally accountable for their actions. As a counter, the Petitioner argued that the same can be said for human infants or comatose human adults, yet no one would say that it is improper to seek a writ of habeas corpus on behalf of one of them. The Appellate Division therefore based their denial on the fact that chimpanzees are not a member of the human species. In the instant action, Court of Appeals of New York denied the motion for leave to appeal. In the concurring opinion, Judge Fahey states that the better approach is not to ask whether a chimpanzee fits the definition of a person or whether it has the same rights and duties as a human being, but whether he or she has the right to liberty protected by habeas corpus. The concurring opinion also found that the Appellate Division erred by misreading the case it relied on and holding that a habeas corpus challenge cannot be used to seek transfer; a habeas corpus challenge can be used to seek a transfer to another facility. Although Judge Fahey recognizes that Chimpanzees share at least 96% of their DNA with humans and are autonomous, intelligent creatures, he concurred with the Appellate Division’s decision to deny leave to appeal. However, he ultimately questioned whether the Court was right to deny leave in the first instance. Case

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