Anti-Cruelty: Related Statutes

Statute by categorysort ascending Citation Summary
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 - Rodeos - § 596.7. Rodeos; veterinarians present at performances; violation of section West's Ann. Cal. Penal Code § 596.7 This statute regulating rodeos requires that animals involved have access to veterinary care and mandates treatment of injured rodeo animals. This statute forbids the use of an electric prod once an animal is in the holding chute, unless necessary to protect participants or spectators. Violations of this section are infractions punishable by a fine.
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 - 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 - Poisoning - § 596. Poisoning animals; exceptions; posting warning signs West's Ann. Cal. Penal Code § 596 This statute makes it a misdemeanor to poison an animal, but gives an exception to a property owner trying to control or destroy predatory animals or livestock-killing dogs on his/her property, if the owner displays specified warning signs.
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 - 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 - 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 - 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 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 - 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 - 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 - 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 - Historical - General Laws of 1913: Title 14: Section 596-599f Cal. Penal Code §§ 597 - 599f (1913) The General Laws of California from 1913, title 14, covers Malicious Mischief which includes sections concerning: Cruelty to Animals, Poisoning of Cattle, killing of birds in cemeteries and killing of gulls or cranes. The Cruelty to Animal section describes laws concerning horses, abandoned animal, torture and maiming of animals, use of animals in fights, and arrest without warrants. In addition, the section covers evidence, stallions, and impounding without food and water. The section about the killing of birds in the cemetery concerns also killing and detaining of homing pigeons. The last section about killing of gulls and cranes also concerns the destruction of eggs and nests. In addition, the section covers killing of elk and prosecution for these offenses.
CA - Historical - 1872: Cruelty to Animals Cal. Penal Code 597 (1872) Enacted February 14, 1872 (almost identical with Field's Draft, Section 699), and then read: "Every person who maliciously kills, maims, or wounds an animal, the property of another, or who maliciously and cruelly beats, tortures, or injures any animal, whether belonging to himself or another, is guilty of a misdemeanor."
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 - 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 - Food Production - Chapter 13.4. Force Fed Birds West's Ann. Cal. Health & Safety Code § 25980 - 25984 This chapter concerns force fed birds (usually ducks or geese), employed in the process of making foie gras. Beginning July 1, 2012, California outlaws the sale of any product in the state that is the result of force feeding a bird for the purpose of enlarging the bird's liver beyond normal size. A peace or humane society officer may issue a citation for a civil penalty up to $1,000 for each violation, and up to $1,000 for each day the violation continues.
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 - 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 - 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 - Farm Animal Cruelty - Chapter 13.8. Farm Animal Cruelty. § 25991. Definitions. West's Ann. Cal. Health & Safety Code § 25990 - 25994 This section provides the definitions, exception,s and enforcement provisions for the Chapter 13.8, Farm Animal Cruelty. The section was added after voters approved Initiative Measure (Prop. 2) in 2008. Any person who violates any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000) or by imprisonment in the county jail for a period not to exceed 180 days or by both such fine and imprisonment.
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 - 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 - 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 - Elephant Training - § 2128. Elephants; prohibited practices; penalties West's Ann. Cal. Fish & G. Code § 2128 This statute (operative on January 1, 2018) prohibits a person who houses, possesses, manages, or is in direct contact with an elephant from using a billhook, ankus, baseball bat, axe handle, pitchfork, and other devices that inflict pain for the purpose of training or controlling the elephant. Any person caught in violation of this statute will be subject to civil penalty and a suspension or revocation of his or her license to lawfully possess the animal.
CA - Elephant Abuse - § 596.5. Elephants; abusive behavior by owner or manager; misdemeanor West's Ann. Cal. Penal Code § 596.5 This statute makes it a misdemeanor for an owner or manager of an elephant to engage in abuse and specifies certain behaviors that qualify as abuse.
CA - Dog, tether - § 122335. Animal control, agricultural operation, person, and reasonable period West's Ann. Cal. Health & Safety Code § 122335 This California law is the state's dog tethering provision. Under the law, no person shall tether, fasten, chain, tie, or restrain a dog, or cause a dog to be tethered, fastened, chained, tied, or restrained, to a dog house, tree, fence, or any other stationary object. A person may tether, fasten, chain, or tie a dog, but it must be no longer than is necessary for the person to complete a temporary task that requires the dog to be restrained for a reasonable period. A person who violates this chapter is guilty of an infraction or a misdemeanor. An animal control may issue a correction warning to a person who violates this chapter, requiring the owner to correct the violation, in lieu of an infraction or misdemeanor, unless the violation endangers the health or safety of the animal, the animal has been wounded as a result of the activity.
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.
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 - 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 - Cruelty, reporting - § 11199. Reports of animal abuse, cruelty, or neglect by county employees West's Ann. Cal. Penal Code § 11199 This California law states that any employee of a county child or adult protective services agency, while acting in his or her professional capacity or within the scope of his or her employment, who has knowledge of or observes an animal whom he or she knows or reasonably suspects has been the victim of cruelty, abuse, or neglect, may report the known or reasonably suspected animal cruelty, abuse, or neglect to the entity or entities that investigate reports of animal cruelty, abuse, and neglect in that county. The statute details requirements for the reports.
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 - 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 - § 597.6. 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 - Cruelty - § 597.4. Selling or giving away live animals on any street, highway, West's Ann. Cal. Penal Code § 597.4 This California statute makes is unlawful (with exceptions) to sell or give away, as part of a commercial transaction, a live animal on any street, highway, public right-of-way, parking lot, carnival, or boardwalk. The first violation is an infraction punishable by a fine up to $250. However, if the animal suffers, is injured, or its life or health is endangered, then the person is guilty of a misdemeanor.
CA - Cruelty - § 286.5. Sexually assaulting animal; misdemeanor West's Ann. Cal. Penal Code § 286.5 This California law, amended in 2019, provides that every person who has sexual contact with an animal is guilty of a misdemeanor. Any authorized officer investigating a violation of this section may seize an animal that has been used in the commission of an offense to protect the health or safety of the animal or the health or safety of others, and to obtain evidence of the offense
CA - Cruelty - § 13012.8. Contents of annual report; violations of § 597 West's Ann. Cal. Penal Code § 13012.8 This new law effective on January 1, 2017 requires the annual report published by the Department of Justice to include information concerning arrests for violations of Section 597 (the cruelty to animals provision).
CA - Cruelty - Part 9. Societies for Prevention of Cruelty to Children and Animals. West's Ann. Cal. Corp. Code § 10400 - 10406 This set of statutes outlines the rights and responsibilities of corporations that are formed for the prevention of cruelty to animals.
CA - Cruelty - Part 11. Societies for the Prevention of Cruelty to Animals West's Ann. Cal. Corp. Code § 14500 - 14505 This section of California laws concerns the formation and powers of societies for the prevention of cruelty to animals.
CA - Cruelty - Consolidated Cruelty and Penal Code Sections Cal. Penal Code §§ 286.5; 596 - 600.5 These sections from the California Penal Code detail the crimes associated with animals, including anti-cruelty provisions, animal fighting statutes, unlawful killing methods, horse-specific laws, and a miscellaneous section containing provisions related to guide dogs, police dogs, bestiality, etc.
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 $500, imprisonment in a county jail not exceeding six months, or by both a fine and imprisonment. Penalty enhancements are provided for subsequent convictions.
CA - Crimes, warrants - § 599a. Violations involving animals or birds; procedure West's Ann. Cal. Penal Code § 599a If a complainant believes that any provision of law relating to, or in any way affecting, dumb animals or birds, is being, or is about to be violated in any particular building or place, a magistrate may issue and deliver immediately a warrant directed to law enforcement, authorizing him to enter and search that building or place, and to arrest any person there present violating, or attempting to violate, any law relating to, or in any way affecting, dumb animals or birds.
CA - Crimes - § 597y. Violations; methods of killing; penalty West's Ann. Cal. Penal Code § 597y A violation of Section 597u [Animals; prohibited killing methods] or 597v [Newborn dog or cat; methods of killing] is a misdemeanor.
CA - Crimes - § 597. Cruelty to animals West's Ann. Cal. Penal Code § 597 This statutes states that anyone who maliciously and intentionally maims, mutilates, tortures, or wounds a living animal, or maliciously and intentionally kills an animal, is guilty of an offense punishable by imprisonment in the state prison, or by a fine of not more than twenty thousand dollars ($ 20,000), or by both the fine and imprisonment, or, alternatively, by imprisonment in a county jail for not more than one year, or by a fine of not more than twenty thousand dollars ($ 20,000), or by both the fine and imprisonment. The statute also defines specific forms of torture and mistreatment that qualifies as a crime under this section.
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.

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