Anti-Cruelty: Related Statutes
|Statute by category
|CA - Horse transportation - § 597x. Disabled equine; sale or transport for commercial slaughter; misdemeanor
|West's Ann. Cal. Penal Code § 597x
|This statute makes it a misdemeanor to sell, load, or transport, any live equine that is disabled, if it is intended to be sold, loaded, or transported for commercial slaughter out of the state.
|CA - Crimes - § 597y. Violations; methods of killing; penalty
|West's Ann. Cal. Penal Code § 597y
|A violation of Section 597u [Animals; prohibited killing methods] or 597v [Newborn dog or cat; methods of killing] is a misdemeanor.
|CA - Birds, killing - § 598. Birds in cemeteries; killing, trapping, destroying nests, etc.
|West's Ann. Cal. Penal Code § 598
|This statute makes it unlawful within any public cemetery or burying-ground to kill, wound, or trap any bird, or destroy any bird's nest other than swallows' nests, or remove any eggs or young birds from any nest.
|CA - Fighting - § 598.1. Dogfighting; forfeiture proceedings
|West's Ann. Cal. Penal Code § 598.1
|This California law allows the prosecuting attorney to file a petition for forfeiture in animal fighting cases under Section 597.5 or subdivision (b) of Section 597b. Any property interest, whether tangible or intangible, that was acquired through the commission of any of the crimes listed in subdivision (a) of Section 597.5 or subdivision (b) of Section 597b shall be subject to forfeiture, including both personal and real property, profits, proceeds, and the instrumentalities acquired, accumulated, or used by cockfighting or dogfighting participants, organizers, transporters of animals and equipment, breeders and trainers of fighting birds or fighting dogs, and persons who steal or illegally obtain dogs or other animals for fighting, including bait and sparring animals.
|CA - Fur - § 598a. Killing dog or cat with intent of selling or giving away pelt; possession, sale or importation of pelt with i
|West's Ann. Cal. Penal Code § 598a
|This statute makes it a misdemeanor to kill any dog or cat with the sole intent of selling or giving away the pelt of the animal. It also makes it a misdemeanor to possess, import into California, sell, buy, give away or accept any pelt of a dog or cat with the sole intent of selling or giving away the pelt of the dog or cat.
|CA - Slaughter - § 598b. Animals commonly kept as pets or companions; use as food; violation; exceptions
|West's Ann. Cal. Penal Code § 598b
|This statute makes it a misdemeanor to possess, import into, or export from, California, sell, buy, give away, or accept any carcass of any animal commonly kept as a pet with the intent of using any part of that carcass for food. It is also a misdemeanor to possess, import, export, buy, sell, give away or accept a common pet animal with the intent of killing it for food.
|CA - Prize animals - § 599. Selling or giving away poultry or rabbits as inducement to enter contest, place of amusement or busi
|West's Ann. Cal. Penal Code § 599
|This statute makes it a misdemeanor to sell or give away, any live chicks, rabbits, ducklings, or other fowl as a prize for, or as an inducement to enter, any contest, game or other competition. It also makes it a crime to dye or artificially color any of these animals, or display them without adequate facilities.
|CA - Crimes, warrants - § 599a. Violations involving animals or birds; procedure
|West's Ann. Cal. Penal Code § 599a
|If a complainant believes that any provision of law relating to, or in any way affecting, dumb animals or birds, is being, or is about to be violated in any particular building or place, a magistrate may issue and deliver immediately a warrant directed to law enforcement, authorizing him to enter and search that building or place, and to arrest any person there present violating, or attempting to violate, any law relating to, or in any way affecting, dumb animals or birds.
|CA - Forfeiture - § 599aa. Seizure of fighting animals and birds, paraphernalia, etc.; affidavit of officer; custody of seized p
|West's Ann. Cal. Penal Code § 599aa
|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.
|CA - Animal Defined - § 599b. Words and phrases; imputation of knowledge to corporation
|West's Ann. Cal. Penal Code § 599b
|This statute defines words, such as "animal," as they are used in Title 14, the Malicious Mischief section, of the California Penal Code. Title 14 is where all of the California Penal Code sections pertaining to animal cruelty are found.
|CA - Cruelty, exemptions - § 599c. Construction of title; game laws;
|West's Ann. Cal. Penal Code § 599c
|This statute makes it clear that the title is not meant to interfere with “game laws” or the right to destroy venomous reptiles or other dangerous animal. Neither is there an intent to interfere with laws regarding the destruction of certain birds, interfere with the right to kill animals used for food or with scientific experiments.
|CA - Euthanasia - § 599e. Killing unfit animals after notice by officer;
|West's Ann. Cal. Penal Code § 599e
|This statute requires an owner of an animal deemed to be unfit for employment to kill the animal within 12 hours, after being notified by any peace officer, or be subject to criminal penalties.
|CA - Service Animal - § 600. Horses or dogs used by peace officers or volunteers;
|West's Ann. Cal. Penal Code § 600
|This statute makes it an offense to willfully, maliciously and with no legal justification harm, injure, obstruct, or interfere with a horse or dog under the supervision of law enforcement in the discharge of official duties or a volunteer under the direct supervision of a peace officer. Violations are punishable by a fine and/or imprisonment. Punishment depends on the seriousness of the injury to the animal. Upon conviction, a defendant must also pay restitution for damages.
|CA - Service Animal - § 600.2. Allowing dog to injure or kill guide, signal or service dog; punishment; restitution
|West's Ann. Cal. Penal Code § 600.2
|It is unlawful for any person to permit any dog he or she owns or controls to injure or kill any service dog while the service dog is in discharge of its duties. A violation is an infraction punishable by a fine if the injury is caused by the person's failure to exercise ordinary care. A violation is a misdemeanor if the injury is caused by reckless disregard in the exercise of control over his or her dog. A violation in this case shall be punishable by a fine and/or imprisonment. Upon conviction, the defendant shall make restitution, including veterinary bills and replacement costs.
|CA - Service Animal - § 600.5. Intentional injury to, or death of, guide, signal or service dog; penalty; restitution
|West's Ann. Cal. Penal Code § 600.5
|Any person who intentionally causes injury to or the death of any service dog, while the dog is in discharge of its duties, is guilty of a misdemeanor. punishable by a fine and/or imprisonment. Upon conviction, a defendant must make restitution to the person with a disability who has custody or ownership of the dog for any veterinary bills and replacement costs of the dog if it is disabled or killed.
|CA - Enforcement - Chapter 5. Arrest, by Whom and How Made.
|West's Ann. Cal. Penal Code § 837, 847
|This set of provisions authorizes private citizens to make arrests and explains when and how citizen arrests may be made.
|CA - Cruelty, unattended animal - § 43.100. Property damage or trespass to motor vehicle resulting from rescue of animal;
|West's Ann.Cal.Civ.Code § 43.100
|This California law effective January 1, 2017 states that there is no civil liability for property damage to a motor vehicle if the damage was caused by a person rescuing an animal under Section 597.7 of the Penal Code.
|FL - Cruelty, Humane Slaughter - Consolidated Cruelty Statutes/Humane Slaughter Laws
|West's F. S. A. § 828.01 - 828.43; West's F. S. A. § 768.139
|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, or a person who owns or has the custody or control of any animal and fails to act, 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.
|FL - Definitions - Animal Definitions
|West's F. S. A. § 828.02
|The word "animal" shall be held to include every living dumb creature.
|FL - Fur - Sale of garments or items of clothing containing dog or cat fur prohibited;
|West's F. S. A. § 828.1231
|Makes it illegal for a person to knowingly sell or offer to sell a garment which contains dog or cat fur, or a dog or cat pelt. Defines the first violation of this provision as a misdemeanor of the first degree, and any subsequent violations as felonies of the third degree. Allows any law enforcement agency or humane officer to enforce this provision and to seek a civil penalty up to $5,000 for each violation.
|FL - Horse Slaughter - Chapter 828. Animals: Cruelty; Sales; Animal Enterprise Protection.
|West's F. S. A. § 828.125
|Florida Governor Charlie Crist signed this amendment into law on May 17, 2010 making it a second-degree felony for any person to willfully and unlawfully, by any means whatsoever, kill, maim, mutilate, or cause great bodily harm or permanent breeding disability to any animal of the genus Equus (horse). Any person who commits a violation of this subsection shall be sentenced to a minimum mandatory fine of $3,500 and a minimum mandatory period of incarceration of 1 year.
|FL - Police dog - 843.19. Offenses against police canines, fire canines, SAR canines, or police horses
|West's F. S. A. § 843.19
|This law makes it a felony of the second degree to intentionally and knowingly, without lawful cause or justification, causes great bodily harm, permanent disability, or death to, or uses a deadly weapon upon, a police canine, fire canine, SAR canine, or police horse. Further, any person who actually and intentionally maliciously touches, strikes, or causes bodily harm to a police canine, fire canine, SAR canine, or police horse commits a misdemeanor of the first degree, Any person who intentionally or knowingly maliciously harasses, teases, interferes with, or attempts to interfere with a police canine, fire canine, SAR canine, or police horse while the animal is in the performance of its duties commits a misdemeanor of the second degree.
|WA - Cruelty - Consolidated Cruelty Laws (Chapter 16.52)
|West's RCWA 16.52.010 - 360
|This section of statutes contains Washington's anti-cruelty provisions. Under the section, "animal" means any nonhuman mammal, bird, reptile, or amphibian. Sections 16.52.205 and 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.
|WA - Lien, cruelty - 60.56.025. Lien created for care of animal seized by law enforcement officer
|West's RCWA 60.56.025
|This Washington law states that if a law enforcement officer authorizes removal of an animal pursuant to chapter 16.52 RCW, the person or entity receiving the animal and aiding in its care or restoration to health shall have a lien upon the animal for the cost of feeding, pasturing, and caring otherwise for the animal.
|WI - Cats - Question 62 - DEFEATED
|Wisconsin 2005 Question 62
This controversial measure would have allowed hunters to hunt any cat that was found free roaming, meaning it did not exhibit a collar or other signs of domestic ownership. At the Monday, April 11, 2005 meeting of the Wisconsin Conservation Congress, those in favor of the feral cat hunting proposal approved the measure by a vote of 6,830 to 5,201. This approval was then forwarded to the state Natural Resources Board for consideration. Proponents of the measure suggest feral cats expose domestic animals to disease and endanger native songbirds. Opponents of the measure counter that such a law would be cruel and archaic, putting domestic cats who have escaped from their homes at risk of death. On May 25, 2005 at the Natural Resources Board regular spring meeting, a representative of the Congress indicated that the Executive Committee has declined to pursue the issue any further. (See the official meeting minutes at page 5 at http://dnr.wi.gov/org/nrboard/minutes/M05/0505%20minutes.pdf ). Feral cat advocates claimed a public relations victory, as the measure gained national and even international criticism. (See Alley Cat Allies at http://www.alleycat.org/wi.html ). (For more on the procedural history of this measure, see the "Long Summary" under the "Statute Details" above).