Anti-Cruelty: Related Statutes

Statute by categorysort ascending Citation Summary
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.
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 - 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 - 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 - 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 - 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 - Abandonment - § 597.2. Equines; abandoned or relinquished; auction and adoption programs West's Ann. Cal. Penal Code § 597.2 This California statute sets forth the requirements for the sale of equines at a private or public auction and that the minimum price must be above the animal's slaughter price. It also provides that a sale to an individual who buys an equine under the personal use provision shall submit a written statement declaring that the person is adopting the equine for personal use and not for purposes of resale, resale for slaughter, or holding or transporting the equine for slaughter.
CA - Abandonment - § 597.1. Failure to care for animals; misdemeanor; powers and duties West's Ann. Cal. Penal Code § 597.1 Every owner, driver, or keeper of any animal who permits the animal to be in any building, enclosure, lane, street, square, or lot of any city, county, city and county, or judicial district without proper care and attention is guilty of a misdemeanor. The statutes also creates a duty in peace officers, humane society officers, and animal control officers to cause the animal to be killed or rehabilitated and placed in a suitable home on information that the animal is stray or abandoned.
BD - Cruelty - THE CRUELTY TO ANIMALS ACT, 1920 Cruelty to Animals Act, 1920 (Act No. I of 1920)

This Act constitutes Bangladesh's prevention of cruelty to animals act. The act defines "animal" as "any domestic or captured animal." Any person who: overdrives, cruelty or unnecessarily beats, or otherwise ill-treats any animal; binds or carries an animal in a position as to subject the animal to unnecessary pain or suffering; offers or has in his possession an animal that is suffering because of mutilation, thirst, starvation or other ill-treatment shall be punished for every such offence with fine up to one hundred Taka, or imprisonment up to three months, or with both. Overloading an animal is also punishable with a fine or jail term, and animal fighting results in a fine.  

AZ - Motor vehicle - 12-558.02. Limited liability; removing minor or confined animal from motor vehicle; definition A. R. S. § 12-558.02 This Arizona law insulates a person from liability for civil damages when he or she uses reasonable force to enter a locked and unattended motor vehicle to remove a minor or confined domestic animal if certain factors apply. The person first must determine that the motor vehicle is locked or there is no reasonable manner in which the person can remove the minor or domestic animal from the vehicle. Before entering the vehicle, the person must notify law enforcement or first responders. No more force than is necessary to remove the animal or minor may be used and the person must remain with the minor or domestic animal until first responders arrive. For the purposes of this section, “domestic animal” means a dog, a cat or another animal that is domesticated and kept as a household pet.
AZ - Equine Transport - Transporting equine in a cruel manner; violation; A. R. S. § 3-1312; § 28-912 These Arizona laws provide the requirements for transporting equines to slaughter. A vehicle used to transport equine for slaughter may have no more than one level or tier in the compartment containing the equine. Violation of the laws constitutes a misdemeanor.
AZ - Cruelty - Consolidated Cruelty/Animal Fighting Statutes A. R. S. § 12-1011; § 13-2910 - 12; § 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.
AU - Cruelty - South Australia Animal Welfare Act 1985 (SA) Animal Welfare Act 1985

The South Australian Animal Welfare Act’s primary purpose is for the promotion of animal welfare. The Act is enforced by RSPCA SA and is the primary piece of legislation that aims to protect animals from cruelty in South Australia. The Act generally governs domestic privately owned animals (pets).

AU - Cruelty - Queensland Animal Care and Protection Regulation 2002 This regulation implements the Animal Care and Protection Act 2001; it contains the codes of practice to be observed for securing animal welfare.
AU - Cruelty - Queensland Animal Care and Protection Act 2001 (QLD) Queensland Animal Care and Protection Act 2001

The purposes of this Act are to promote the responsible care and use of animals; provide standards for the care and use of animals that--achieve a reasonable balance between the welfare of animals and the interests of persons whose livelihood is dependent on animals; and to allow for the effect of advancements in scientific knowledge about animal biology and changes in community expectations about practices involving animals; to protect animals from unjustifiable, unnecessary or unreasonable pain; to ensure the use of animals for scientific purposes is accountable, open and responsible. Attached pdf is the 2003 reprint.

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