|Statute by category||Citation||Summary|
|AZ - Leash Laws - Article 6. Animal Control.||A. R. S. § 11-1012||
This Arizona laws provides generally that no female dog in her breeding season or vicious dog may be allowed to go at large. It further delineates the state's leash requirements for dogs, including during times of rabies quarantines, in state parks, and at public schools. Exceptions under the law include the training of livestock dogs and hunting dogs, among others.
|AZ - Assistance Animal - Arizona's Assistance Animal/Guide Dog Laws||A. R. S. § 11-1008; § 11-1024, § 13-2910; § 9-500.32||
The following statutes comprise the state's relevant assistance animal and guide dog laws.
|AZ - Dog Ordinances - Powers and duties of board of supervisors (dogs/animals)||A. R. S. § 11-1005||This Arizona statute provides that each county board of supervisors may regulate dogs, including the designation of a county enforcement agent, contracting with any city or town to enforce the provisions of any ordinance enacted by such city or town for the control of dogs, and for the unincorporated areas of the county, by ordinance, regulate, restrain and prohibit the running at large of dogs and the excessive and unrestrained barking of dogs. They may also establish either civil or criminal penalties for violations of the above ordinances and establish a rabies quarantine zone.|
|AZ - Dog - Arizona Consolidated Dog Laws||A. R. S. § 11-1001 - 1029; § 28-2422 - 2422.02; § 17-309||
These Arizona statutes comprise the laws relating to dogs and animal bites. Included are provisions related to registration, collaring, and vaccination of dogs. With regard to dangerous dogs, Arizona law provides that a person with knowledge of a dog's vicious propensity must also keep the dog in an enclosed yard or confined area with a sign indicating the dog's vicious tendencies.
|AZ - Pet Sales - Title 44. Trade and Commerce. Chapter 11. Regulations Concerning Particular Businesses.||A. R. S. 44-1799 - 1799.11||
This Arizona statutory section comprises the state's pet shop laws. The section requires that retail pet sellers provide purchasers a notice of rights that includes a statement of good health signed by a veterinarian. Purchasers have fifteen days to return unhealthy or diseased dogs and receive a refund or compensation for reasonable veterinary expenses.
|AZ - Cruelty - Consolidated Cruelty/Animal Fighting Statutes||A. R. S. § 12-1011; § 13-2910 - 09; § 13-1411||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.|
|EU - Farming - Council Directive concerning the protection of animals kept for farming purposes||98/58/EC; Official Journal L 221 , 08/08/1998 P. 0023 - 0027||
This Directive applies to animals (including fish, reptiles and amphibians) reared or kept for the production of food, wool, skin or fur or for other farming purposes. It does not apply to wild animals, animals intended for use in sporting or cultural events (shows), experimental or laboratory animals or invertebrate animals. The Member States must adopt provisions to ensure that the owners or keepers of animals look after the welfare of their animals and see that they are not caused any unnecessary pain, suffering or injury.
|Portugal - Cruelty - Portugal Animal Welfare Law||92/95 (Protection of Animals Act)||
This is general national legislation of Portugal for the protection and regulation of animal welfare. There is delegation of authority to grant or deny the use of animals in many commercial settings. Standards are minimal within the act itself.
|VT - Lien - § 2075. Lien for keeping or pasturing animals||9 V.S.A. § 2075||A person to whom charges are due for pasturing, boarding, or keeping domestic animals placed with the consent of the owner thereof in his or her care, if the charges become due while such animals remain in his or her possession, may retain the same until such charges are paid. After 30 days when the charges are due, he or she may sell the animals in the manner provided for the sale of property under a lien for repairs, if such charges remain unpaid.|
|EU - Farming - 78/923/EEC: Council Decision of 19 June 1978 concerning the conclusion of the European Convention for the protect||78/923/EEC||
This EU council decision approves the European Convention for the protection of animals kept for farming purposes on behalf of the European Economic Community. It has the aim of protecting animals kept for farming purposes, particularly in modem intensive production systems.
|IL - Lein - 40/50. Agisters||770 I.L.C.S. 40/50||Agisters and persons keeping, yarding, feeding or pasturing domestic animals, shall have a lien upon the animals agistered, kept, yarded or fed, for the proper charges due for the agisting, keeping, yarding or feeding thereof.|
|IL - Lost Property - Estrays and Lost Property Act||765 I.L.C.S. 1020/0.01 - 36||These Illinois' statutes comprise the state's Estrays and Lost Property Act.|
|IL - Pet Trusts - Chapter 760. Trusts and Fiduciaries.||760 I.L.C.S. 3/408; 760 ILCS 3/1223||This Illinois law represents the state's pet trust law. The trust terminates when no living animal is covered by the trust. A trust instrument shall be liberally construed to bring the transfer within this Section, to presume against a merely precatory or honorary nature of its disposition, and to carry out the general intent of the transferor. Extrinsic evidence is admissible in determining the transferor's intent.|
|OK - Equine Activity Liability - Title 76. Torts. Livestock Activities Liability Limitation Act.||76 Okl. St. Ann. § 50.1 - 50.4||The Oklahoma Livestock Activities Liability Limitation Act provides that it is the intent of the Oklahoma Legislature to encourage livestock activities by limiting the civil liability of livestock activities sponsors, participants and livestock professionals involved in such activities. A livestock activity sponsor, a participant or a livestock professional acting in good faith and pursuant to the standards of the livestock industry shall not be liable for injuries to any person engaged in livestock activities when such injuries result from the inherent risks of livestock activities. Oklahoma also has a unique provision that explicitly states that two or more persons may agree, in writing, to extend the waiver of liability pursuant to the provisions of the Oklahoma Livestock Activities Liability Limitation Act.|
|IL - Divorce - Act 5. Illinois Marriage and Dissolution of Marriage Act||750 I.L.C.S. 5/452; 750 ILCS 5/501 - 503||Effective January 1, 2018, the Illinois Legislature amended several provisions under Act 5, the Illinois Marriage and Dissolution of Marriage Act. Under the Joint Simplified Dissolution Procedure, the amendments added the following requirement to the conditions that must be present to do a simplified dissolution: (k) The parties have executed a written agreement allocating ownership of and responsibility for any companion animals owned by the parties. As used in this Section, “companion animal” does not include a service animal as defined in Section 2.01c of the Humane Care for Animals Act." Under Part V, "Property, Support and Attorney Fees," three sections were amended. Section 5/501 deals with temporary relief and amendments in 2018 added subsection (f): "Companion animals. Either party may petition or move for the temporary allocation of sole or joint possession of and responsibility for a companion animal jointly owned by the parties. In issuing an order under this subsection, the court shall take into consideration the well-being of the companion animal." In Section 5/502 on amicable settlement agreements between parties, the following provision was added to subsection (a): "The parties may also enter into an agreement allocating the sole or joint ownership of or responsibility for a companion animal. As used in this Section, “companion animal” does not include a service animal as defined in Section 2.01c of the Humane Care for Animals Act. Any agreement pursuant to this Section must be in writing, except for good cause shown with the approval of the court, before proceeding to an oral prove up." Finally, under § 503 on "Disposition of property and debts," amendments added this subsection: "(n) If the court finds that a companion animal of the parties is a marital asset, it shall allocate the sole or joint ownership of and responsibility for a companion animal of the parties. In issuing an order under this subsection, the court shall take into consideration the well-being of the companion animal. As used in this Section, “companion animal” does not include a service animal as defined in Section 2.01c of the Humane Care for Animals Act."|
|IL - Equine Liability Act - Equine Activity Liability Act||745 I.L.C.S. 47/1 - 47/999||This act stipulates that an equine sponsor or professional, or any other person, is immune from liability for the death or injury of a participant, which resulted from the inherent risks of equine activities. However, there are exceptions to this rule; a person will be held liable for injuries of an equine activity participant if he or she displays a willful and wanton or intentional disregard for the safety of the participant and if he or she fails to make reasonable and prudent efforts in ensuring the safety of the participant. In addition, a person will also be held liable for the injury of an equine activity participant if he or she is injured on the land or at a facility due to a dangerous latent condition of which was known to the equine sponsor, professional or other person.|
|IL - Service Animal - Chapter 740. Civil Liabilities.||740 I.L.C.S. 13/1 - 10||Under this Illinois statute, a physically impaired person may bring an action for both economic and noneconomic damages against a person who steals, injures, or attacks his or her assistance animal with hazardous chemicals (provided he or she reasonably knew the guide dog was present and the chemical was hazardous). The economic damages recoverable include veterinary medical expenses, replacement costs, and temporary replacement assistance (provided by person or animal). No cause of action lies where the physically impaired person was committing a civil or criminal trespass at the time of the attack or theft.|
|OK - Leash - § 2217. Public access and use of state parks--Prohibitions (dog leash)||74 Okl.St.Ann. § 2217||No person may enter a state park with a dog, unless the dog is on a leash, or permit any dog to enter a state park or recreation area under the jurisdiction of the Commission. It is further provided that any authorized member of the Department or any authorized employee of the Oklahoma Department of Wildlife Conservation may kill any vicious dog found running loose in any state park which poses imminent threat to humans or other animals, or which may be chasing or running any game in the state park. Any such authorized employees of the Departments shall not be held liable for the killing of said dog.|
|PA - Fur - Dog and Cat Product Act||73 P.S. § 210-1 to 6||This set of laws represents the Dog and Cat Product Act. The act provides that no person shall sell or offer for sale, wholesale or retail, the fur, skin or hair of a dog or cat or any product or part of a product containing the fur, skin or hair of a dog or cat. Violation of the act commits a misdemeanor of the third degree. Subsequent offenses committed within five years of a prior conviction for the same offense constitutes a misdemeanor of the first degree.|
|PA - Pet Sales - § 201-9.3. Dog purchaser protection||73 P.S. § 201-9.3||This Pennsylvania statute comprises the state's Dog Purchaser Protection law. The law mandates disclosure of a dog's health history by a seller (defined as pet shop operator or other individual who sells dogs to the public and who owns or operates a kennel or pet shop licensed by the Pennsylvania Department of Agriculture or the United States Department of Agriculture). If, within ten days after the date of purchase, a dog purchased from a seller is determined, through physical examination, diagnostic tests or necropsy by a veterinarian, to be clinically ill or dies from any contagious or infectious illness or any parasitic illness which renders it unfit for purchase or results in its death, the purchaser may exercise one of the described statutory elections.|
|IL - Domestic Violence - Article 112A. Domestic Violence||725 ILCS 5/112A-14||This Illinois law allows a court to issue an order of protection if the court finds that petitioner has been abused by a family or household member. It also allows for the protection of animals in domestic violence situations. Under Section (b)(11.5), the court can "[g]rant the petitioner the exclusive care, custody, or control of any animal owned, possessed, leased, kept, or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent and order the respondent to stay away from the animal and forbid the respondent from taking, transferring, encumbering, concealing, harming, or otherwise disposing of the animal."|
|IL - Facility dog - 5/106B-10. Conditions for testimony by a victim who is a child or a moderately,||725 I.L.C.S. 5/106B-10||This Illinois law allows a "facility dog" - a dog that is a graduate of an assistance dog organization that is a member of Assistance Dogs International - to be present during the testimony of a victim who is a child or a moderately, severely, or profoundly intellectually disabled person or a person affected by a developmental disability. This occurs in the prosecution of criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual abuse, or aggravated criminal sexual abuse. When deciding whether to permit the child or person to testify with the assistance of a facility dog, the court shall take into consideration the age of the child or person, the rights of the parties to the litigation, and any other relevant factor that would facilitate the testimony by the child or the person.|
|IL - Cruelty - Horse Mutilation Act||720 ILCS 5/48-5||This act text prevents the docking of horses' tails. Violation results in a Class A misdemeanor.|
|IL - Hunting - 5/48-3. Hunter or fisherman interference||720 I.L.C.S. 5/48-3||A person commits hunter or fisherman interference when he or she intentionally or knowingly obstructs or interferes with the lawful taking of wildlife or aquatic life by another person with the specific intent to prevent that lawful taking. This includes things such as blocking or impeding the person hunting, using objects or barriers, using artificial or natural stimuli to hinder the lawful taking, or even using a drone in a way that interferes with another person's lawful taking of wildlife or aquatic life. A first violation is a Class B misdemeanor with enhacements for subsequent offenses.|
|IL - Ecoterrorism - 5/48-2. Animal research and production facilities protection||720 I.L.C.S. 5/48-2||This new law replaces the Illinois' Animal Research and Production Facilities Protection Act, which was repealed in 2013. Under the new law, it is unlawful for any person to release, steal, or injure an animal held at a facility; to damage or vandalize any property; to obtain access to an animal facility by false pretenses for the purpose of performing unauthorized acts; to enter into an animal facility with an intent to destroy, alter, duplicate, or obtain unauthorized possession of records; or to enter or remain on an animal facility with the intent to commit a prohibited act. Violation of any of these acts is a felony, with classification based on the amount of property damage.|
|IL - Elephant - 5/48-11. Unlawful use of an elephant in a traveling animal act||720 I.L.C.S. 5/48-11||This Illinois law states that a person commits unlawful use of an elephant in a traveling animal act when he or she knowingly allows for the participation of an African elephant (Loxodonta Africana) or Asian elephant (Elephas maximus) protected under the federal Endangered Species Act of 1973 in a traveling animal act. Violation is a Class A misdemeanor. This Section does not apply to an exhibition of elephants at a non-mobile, permanent institution, or other facility.|
|IL - Exotic pets - 5/48-10. Dangerous animals||720 I.L.C.S. 5/48-10||This Illinois law states that no person shall have a right of property in, keep, harbor, care for, act as custodian of or maintain in his or her possession any dangerous animal or primate except at a properly maintained zoological park, federally licensed exhibit, circus, college or university, scientific institution, research laboratory, veterinary hospital, hound running area, or animal refuge in an escape-proof enclosure. A "dangerous animal" is defined as a lion, tiger, leopard, ocelot, jaguar, cheetah, margay, mountain lion, lynx, bobcat, jaguarundi, bear, hyena, wolf or coyote.This Section does not prohibit a person who had lawful possession of a primate before January 1, 2011, from continuing to possess that primate if the person registers the animal by providing written notification to the local animal control administrator on or before April 1, 2011. Violation is a Class C misdemeanor.|
|IL - Dog Fighting - Chapter 720. Criminal Offenses||720 I.L.C.S. 5/48-1||The following statute comprises Illinois' dogfighting law. Under the law, it is a felony to promote or instigate a fight, or to train or sell a dog for dogfighting purposes. Further, no person may solicit a minor to violate this Section. Providing equipment or aiding in providing equipment for a fight is also a felony. Knowingly attending a dogfight is a Class 4 felony for a first violation. A second or subsequent violation of subsection (g) of this Section is a Class 3 felony.|
|US - Agriculture - Animal Damage Control Act||7 USCA § 8351 - 8354 (formerly cited as 7 USC 426 - 426d)||Animal Damage Control Act of March 2, 1931, (46 Stat. 1468) provided broad authority for investigation, demonstrations and control of mammalian predators, rodents and birds. Public Law 99-19, approved December 19, 1985, (99 Stat 1185) transferred administration of the Act from the Secretary of the Interior to the Secretary of Agriculture. Pub. L. 102-190(Div. A, title III, Sec. 348, Dec. 5, 1991, 105 Stat. 1348) and P.L. 102-237 (Title X, Sec. 1013(d), 105 Stat. 1901, Dec. 13, 1991) added provisions directing the Secretaries of Defense and Agriculture, respectively, to take actions to prevent the introduction of brown tree snakes into other areas of the U.S. from Guam.|
|US - AWA - Animal Welfare Act||7 USC §§ 2131 - 2159; 18 USC § 49||The AWA is, in the main, a regulatory law that seeks to control who may possess or sell certain animals and the living conditions (for non-agricultural, domestic animals) under which the animals must be kept. The law provides for criminal penalties, civil penalties and revocation of permits for violations of the AWA.|
|US - Companion Animals - Federal Pet Theft Prevention Act (§ 2158. Protection of pets. )||7 USC 2158||This section of the AWA prohibits shelters from selling found pets within a period of five days to any random-source organization. The purpose of the Act is to prevent animals from being stolen and purchased from humane societies in order to use the animals for scientific testing or illegal purposes (such as fighting, etc.).|
|US - AWA - Sectional History of AWA||7 USC 2131 - 2159||
This document gives legal history of the Animal Welfare Act on a section by section basis.
|US - Food Animal - Humane Methods of Livestock Slaughter||7 USC 1901 - 1907||These statutory sections comprise what is commonly termed the Humane Slaughter Act. Included in these sections are Congress' statement that livestock must be slaughtered in a humane manner to prevent needless suffering, research methods on humane methods of slaughter, the nonapplicability of these statutes to religious or ritual slaughter, and the investigation into the care of nonambulatory livestock.|
|US - Cattle - Milk Income Loss Contract Program||7 U.S.C.A. § 7981 - 7984||Federal program that compensates dairy producers when domestic milk prices fall below a specified level.|
|ME - Dogs - Consolidated Dog Laws||7 M.R.S.A.§ 3901 - 4163; 12 M.R.S.A. § 11111; 12 M.R.S.A. § 11228; 12 M.R.S.A. § 11302; 12 M.R.S.A. § 11951; 12 M.R.S.A. § 12051 - 12055; 12 M.R.S.A. § 12404; § 12707; 17-A M.R.S.A. § 752-B; 17 M.R.S.A. § 1044;||
These Maine statutes comprise the state's dog laws. Among the provisions include licensing requirements, laws that determine the disposition of loose or dangerous dogs, and a chapter on the sale of dogs.
|ME - Disaster - Chapter 307. State of Maine Animal Response Team.||7 M.R.S.A. § 1901 - 1902||The Commissioner of Agriculture, Food and Rural Resources is directed to develop a State of Maine Animal Response Team to support a network that protects human and animal health through preparation, response and recovery for animal emergencies. The Team is to facilitate a response to a natural or man-made disaster and minimize the economic and environmental impacts of animal emergencies. The Treasurer of State is mandated to establish the State of Maine Animal Response Team Fund to pay costs incurred by the Team.|
|ME - Equine Liability - Chapter 743. Equine Activities||7 M. R. S. A. § 4101 - 4104-A||This act stipulates that an equine sponsor, equine professional, or any other person engaged in an equine activity, is immune from liability for the death or injury of a participant, as well as property damage, which resulted from the inherent risks of equine activities. However, there are exceptions to this rule: a person will be held liable for injuries of an equine activity participant if he or she displays a willful and wanton or intentional disregard for the safety of the participant and if he or she fails to make reasonable and prudent efforts in ensuring the safety of the participant. In addition, a person will also be held liable for the injury of an equine activity participant if he or she is injured on the land or at a facility due to a dangerous latent condition of which was known to the equine sponsor, professional or other person.|
|ME - Cruelty - Consolidated Cruelty Statutes||7 M. R. S. A. § 3971 - 4041; 17 M. R. S. A. § 1011 - 1046||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.|
|ME - Ferret - Chapter 730-A. Breeding, Sale and Transportation of Small Mammals||7 M. R. S. A. § 3970-A to 3970-B||This chapter concerns the sale and importation of juvenile ferrets.|
|ME - Dog, Dangerous - Maine Dangerous Dog Laws||7 M. R. S. A. § 3951 - 3953; 7 M. R. S. A. § 3961 - 3964; 7 M. R. S. A. § 3907||This Maine statutory sections outlines the state's dangerous dog laws. It first provides that any person may lawfully kill a dog if necessary to protect that person, another person or a domesticated animal during the course of a sudden, unprovoked assault. A person who owns or keeps a dangerous dog commits a civil violation for which the court shall adjudge a fine of not less than $250 and not more than $1,000. The dog may be ordered to be muzzled, or euthanized if it has killed, maimed or inflicted serious bodily injury upon a person or has a history of a prior assault. Notably, if a dog whose owner refuses or neglects to comply with the order wounds any person by a sudden assault or wounds or kills any domestic animal, the owner shall pay the person injured treble damages and costs to be recovered by a civil action. The statute sets out the specific procedure for declaring a dog dangerous and the statutory definition of dangerous is also provided by reference to a companion statute.|
|ME - Exotic Pets - Chapter 723. Facility Licenses.||7 M. R. S. A. § 3931-B (§ 3931-B. Repealed. Laws 2011, c. 100, § 13, eff. May 19, 2011)||
REPEALED: This Maine statute outlines the requirements that apply to wolf hybrid kennels. A person who operates a wolf hybrid kennel must register with the department. The offspring of a wolf hybrid must be permanently identified prior to transferring ownership or care of the animal. Failure to comply with the provisions of this section results in a civil violation with a forfeiture not to exceed $1,000. (For other exotic pet laws in Maine, see Chapter 730-A. Breeding, Sale and Transportation of Small Mammals).
|ME - Cat - Consolidated Cat Laws||7 M. R. S. A. § 3916 - 3919C; 1 M. R. S. A. § 217||These statutes comprise Maine's cat laws. Among the provisions include rabies vaccination requirements, stray cat procedures, and the designation of the "state cat."|
|ME - Impound -Chapter 719. Uncontrolled Dogs.||7 M. R. S. A. § 3912||This Maine statute provides that an animal control officer shall seize, impound, or restrain a loose dog. If ownership is unknown, the dog may be delivered to the local animal shelter where it can be treated as a stray. If ownership is known, the officer must either deliver it to the owner or take it to an animal shelter.|
|DE - Sharks - § 928A. Trade in shark fins; penalty||7 Del.C. § 928A||This Delaware statute prohibits people from possessing, selling, trading, or distributing a shark fin unless a person possesses a license to do so from the State. The statute also lists the penalty for violations.|
|DE - Invasive/non-native - § 802. Non-native wildlife injurious to native wildlife, agriculture, and other interests||7 Del.C. § 802||This Delaware statute leaves to the discretion of the state whether to authorize an entity or persons to take, harvest, or capture any species of non-native wildlife that is or has the potential to become injurious to native wildlife.|
|DE - Woodchuck - § 797. Woodchuck or groundhog not protected wildlife||7 Del.C. § 797||This Delaware statute declares that the woodchuck or groundhog will not be considered protected wildlife.|
|DE - Skunks and Raccoons - § 795. Prohibition of sale or transportation of live skunks or raccoons||7 Del.C. § 795||Without a permit from the state of Delaware, it is illegal to possess or sell a live skunk or raccoon.|
|DE - Fox - § 791. Possession of red fox whelps||7 Del.C. § 791||This Delaware statute permits the taking and possession of the red fox whelp between April 1 and August 15 of each year subject to certain criteria.|
|DE - Hunting - § 739. Prohibitions respecting bald eagles; disturbing, damaging or destroying nests; eggs; penalties||7 Del.C. § 739||
Delaware law makes it a Class A environmental misdemeanor to disturb or damage the nest or eggs of a bald eagle or to kill or possess a bald eagle. It is also prohibited to barter and trade in bald eagles or their parts.
|DE - Hunting - Chapter 7. Regulations and Prohibitions Concerning Game and Fish. Subchapter I. General Provisions. § 724. Wilful||7 Del.C. § 724||
This Delaware law reflects the state's hunter harassment provision. Under the law, no person shall wilfully obstruct or impede the participation of any individual in the lawful taking of fish, crabs, oysters, clams or frogs; the lawful hunting of game birds or animals; or the lawful trapping of any game animals. Violation is a class B environmental misdemeanor. Incidental interference is not unlawful.