Anti-Cruelty: Related Statutes
| Statute by category |
Citation |
Summary |
|---|---|---|
| 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). |
| 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. |
| 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. |
| 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. |
| 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 - 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 - Definitions - Animal Definitions | West's F. S. A. § 828.02 | The word "animal" shall be held to include every living dumb creature. |
| 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. |
| 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. |
| 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 - 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 - 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. 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 - 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 - 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 - 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 - 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 - 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 - 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 - 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 - 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 - 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 - 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 - 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 - 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 - Euthanasia - § 597v. Newborn dog or cat; methods of killing | West's Ann. Cal. Penal Code § 597v | The statute prohibits the killing of a newborn dog or cat whose eyes have not yet opened by any other method than by the use of chloroform vapor or by inoculation of barbiturates. |
| CA - Euthanasia - § 597u. Animals; prohibited killing methods | West's Ann. Cal. Penal Code § 597u | This statute prohibits the use by any person of carbon monoxide gas or an intracardiac injection of a euthanasia agent on a conscious animal to kill an animal. |
| CA - Impound - § 597t. Confined animals | West's Ann. Cal. Penal Code § 597t | This statute requires an animal kept in an enclosed area be provided with an adequate exercise area. It also states that if the animal is restricted by a leash, rope, or chain, the leash, rope, or chain shall be affixed in such a manner that it will prevent the animal from becoming entangled or injured and permit the animal's access to adequate shelter, food, and water. |
| CA - Abandonment - § 597s. Abandonment of animals | West's Ann. Cal. Penal Code § 597s | This statute makes it a misdemeanor to willfully abandon an animal, but does not apply to the release or rehabilitation and release of native California wildlife pursuant to statute or regulations of the California Department of Fish and Game. |
| CA - Horses docking - § 597r. Docked horses; exception of imported stock; registration | West's Ann. Cal. Penal Code § 597r | This statute makes it a misdemeanor to violate any of the horse docking provisions, but creates an exception from the provisions of Sections 597n, 597p, and 597q, to persons owning or possessing any docked purebred stallions and mares imported from foreign countries for breeding or exhibition purposes only. |
| CA - Horse docking - § 597q. Docked horses; unregistered; prima facie evidence | West's Ann. Cal. Penal Code § 597q | This statute provides that driving, working, keeping, racing or using any unregistered docked horse 60 days after the passage of this act is prima facie evidence of the fact that the party engaged in such activity docked the tail of such horse. |
| CA - Horse docking - § 597p. Docked horses; registration; time; fee; certificate | West's Ann. Cal. Penal Code § 597p | This statute requires every owner, or user of any docked horse, within the State of California, to register his or her docked horse. |
| CA - Docking - § 597n. Docked horses; prohibition of docking; importation or use of unregistered animals | West's Ann. Cal. Penal Code § 597n | This law was amended in 2009 to prohibit the docking or cutting of the solid part of any horse or cattle. Violation of the law constitutes a misdemeanor. The new law does provide an exclusion for the docking of any cattle's tail in an emergency for the purpose of saving the cattle's life or relieving the cattle's pain provided that the emergency treatment is performed consistent with the Veterinary Medicine Practice Act. |
| CA - Bullfights - § 597m. Bullfights prohibited; exceptions; penalty | West's Ann. Cal. Penal Code § 597m | This statute makes it unlawful for any person to promote, advertise, stage, hold, manage, conduct, participate in, engage in, or carry on any bullfight, but does not prohibit rodeos or bloodless bullfights, contests, or exhibitions held in connection with religious celebrations or religious festivals. |
| CA - Pet Shop - § 597l. List providing what is unlawful for a pet shop operator to fail to do; information to be provided to buy | West's Ann. Cal. Penal Code § 597l | This statute requires operators of pet shops to provide sanitary conditions, proper heating and ventilation, adequate nutrition and space for a pet animal. Sellers must provide buyers with written recommendations for the generally accepted standards of care, including information on housing and feeding of the animal. Violations of the provisions constitute a misdemeanor. |
| CA - Horse tack - § 597k. Bristle bur, tack bur, etc.; use on animals | West's Ann. Cal. Penal Code § 597k | This section makes it a misdemeanor to use a bristle bur, tack bur, or similar device, to be used on a horse or any other animal. A violation is punishable with imprisonment and/or imprisonment. |
| CA - Cockfighting - § 597j. Persons who own, possess or keep or train | West's Ann. Cal. Penal Code § 597j | This section prohibits any person from owning, possessing, or keeping any cock with the intent that it shall be used in any exhibition of fighting. |
| CA - Cockfighting - § 597i. Cockfighting implements; prohibitions; penalties | West's Ann. Cal. Penal Code § 597i | 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 - Racing - § 597h. Live animals; attaching to power propelled device to be pursued by dogs | West's Ann. Cal. Penal Code § 597h | This statute makes it unlawful to tie, attach, or fasten any live animal to any machine or device propelled by any power for the purpose of causing such animal to be pursued by a dog or dogs. |
| CA - Horse Tripping - Poling or tripping a horse; offenses; exceptions | West's Ann. Cal. Penal Code § 597g | This section makes it a misdemeanor to pole or trip a horse for entertainment or sport. Poling is a method of training a horse to jump by forcing, persuading, or enticing a horse to lift its legs higher over a jump by hitting its front legs with a pole, rope, stick, etc. Tripping a horse is using a wire, pole, stick, rope, etc. to cause a horse to fall or lose its balance. |
| CA - Abandonment - § 597f. Failure to care for animals; duty of peace or humane officers; | West's Ann. Cal. Penal Code § 597f (repealed) | (Repealed in 2022). Every owner of any animal, who permits the animal to be without proper care and attention, shall, on conviction, be deemed guilty of a misdemeanor. It shall be the duty of any peace officer, officer of the humane society, or officer of a pound or animal regulation department of a public agency, to take possession of the animal so abandoned or neglected and care for the animal until it is redeemed by the owner. Every sick, disabled, infirm, or crippled animal, except a dog or cat, may, if after due search no owner can be found therefor, be killed by the officer. all injured cats and dogs found without their owners in a public place directly to a veterinarian known by the officer or agency to be a veterinarian that ordinarily treats dogs and cats for a determination of whether the animal shall be immediately and humanely destroyed or shall be hospitalized under proper care and given emergency treatment. |
| CA - Impound - § 597e. Domestic animals; impounding without sufficient food or water; | West's Ann. Cal. Penal Code § 597e | This statute requires anyone who impounds an animal to supply the animal with sufficient food and water. It also states that if an animal is not provided with food and water, a person may enter the pound where the animal is being held, and provide it with food and water without being liable for the entry. |
| CA - Fighting - § 597d. Fighting animals or birds; entries and arrests without warrant | West's Ann. Cal. Penal Code § 597d | 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 - § 597c. Animal fighting exhibitions; spectators; penalty | West's Ann. Cal. Penal Code § 597c | 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 Animals - § 597b. Fighting animals or cockfighting; prohibition; penalties; aiding and abetting | West's Ann. Cal. Penal Code § 597b | 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 - Transport - § 597a. Cruelty to animals; transportation; care of animals by arresting officer; expense | West's Ann. Cal. Penal Code § 597a | This statute makes it a misdemeanor for anyone to carry a domestic animal in a vehicle in a cruel manner, or knowingly and willfully authorizes or permits it to be subjected to unnecessary torture, suffering, or cruelty of any kind. If an officer takes a defendant into custody, the officer must take charge of such vehicle and its contents. A lien is placed on them for any necessary expenses incurred for their care, which must be paid before they can be recovered. |
| CA - Cruelty - § 597.9. Cruelty to animals; persons convicted of specified misdemeanor and felony | West's Ann. Cal. Penal Code § 597.9 | Under this California law, any person convicted of a misdemeanor violation of certain animal cruelty laws (Section 597, or Section 597a, 597b, 597h, 597j, 597s, or 597.1) and who, within five years after the conviction, owns, possesses, maintains, has custody of, resides with, or cares for any animal is guilty of a public offense, punishable by a fine of one thousand dollars ($1,000). Additionally, any person who has been convicted of a felony violation of subdivision (a) or (b) of Section 597, or Section 597b or 597.5, and who, within 10 years after the conviction, owns, possesses, maintains, has custody of, resides with, or cares for any animal is guilty of a public offense, punishable by a fine of one thousand dollars ($1,000). |
| CA - Cruelty - § 597.7. Animal endangerment; confinement in unattended motor vehicle; violations and penalties; | West's Ann. Cal. Penal Code § 597.7 | This California statute provides that no person shall leave or confine an animal in any unattended motor vehicle under conditions that endanger the health or well-being of an animal due to heat, cold, lack of adequate ventilation, or lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal. In 2016, rescue provisions were added that allows a person to remove an animal in danger from a vehicle provided he or she meets several criteria listed in the law. A first conviction for violation of this section is punishable by a fine not not exceeding $100 per animal. If the animal suffers great bodily injury, a violation of this section is punishable by a fine not exceeding $500, imprisonment in a county jail not exceeding six months, or by both a fine and imprisonment. Penalty enhancements are provided for subsequent convictions. |
| CA - Cruelty - § 597.6. Exotic or native wild cat species; alteration of toes, claws or paws | West's Ann. Cal. Penal Code § 597.6 | This California law provides that no person may perform, or otherwise procure or arrange for the performance of, surgical claw removal, declawing, onychectomy, or tendonectomy on any cat that is a member of an exotic or native wild cat species, and shall not otherwise alter such a cat's toes, claws, or paws to prevent the normal function of the cat's toes, claws, or paws. Violation results in a misdemeanor punishable by imprisonment for up to one year and/or a fine of up to $10,000. |
| CA - Dog Fighting - § 597.5. Fighting dogs; felony; punishment; spectators; exceptions | West's Ann. Cal. Penal Code § 597.5 | 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. |