Anti-Cruelty: Related Statutes
Statute by category | Citation | Summary |
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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 - 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 - 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 - 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 - § 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 - 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 - 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 - § 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 - § 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 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 - 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 - 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 - 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 - 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 - 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 - 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 - 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 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 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 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 - 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 - 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 - 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 - 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 - 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 - 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 - 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 - 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 - 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 - Slaughter - § 597.3. Live animal markets | West's Ann. Cal. Penal Code § 597.3 | This California statute regulates live animal markets. Operators must ensure that no animal (frogs, turtles, and birds, but not poultry) sold for the purpose of human consumption) is cut, dismembered, butchered, or de-feathered while still alive. Operators must also provide that no animals are confined in such a way that could case injury, starvation, dehydration, or suffocation. Violation may result in a warning for the first offense and an infraction for a second offense. |
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 - 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. |
Canada - Alberta - Alberta Statutes. Animal Protection Act | R.S.A. 2000, c. A-41, s. 1 | This set of laws from Alberta, Canada comprises the Animal Protection Act. The Act states that no person shall permit or cause an animal to be in distress. Specifically, a person who owns or is in charge of an animal must ensure that the animal has adequate food and water, must provide the animal with adequate care when the animal is wounded or ill, and must provide the animal with reasonable protection from injurious heat or cold as well as adequate shelter, ventilation and space. A person who contravenes this Act is guilty of an offence and liable to a fine of not more than $20,000 in addition to restrictions on owning animals for a specified period of time. The Act also outlines the power of both peace officers to take animals in distress into their custody and humane societies to provide care for seized animals. |
Canada - British Columbia - Prevention of Cruelty to Animals Act | R.S.B.C. 1996, c. 372, s. 1 - 26(4) | This set of British Columbia, Canada laws establishes the guidelines for establishment of individual chapters of The British Columbia Society for the Prevention of Cruelty to Animals. The laws allow these societies to relieve animals in "distress" as defined by law. A person who wilfully or knowingly interferes with or obstructs a person in the discharge of duties or the exercise of powers under this Act commits an offence punishable by a fine of not more than $2000 or to imprisonment for not more than 6 months, or to both. |
Canada - Federal Cruelty to Animals | Canada R.S.C. 1985, c. C46 | This section of the criminal code is the national anti-cruelty law for Canada. |
Canada - Manitoba Statutes. The Animal Care Act | S.M. 1996, c. 69 [C.C.S.M., A84] |
The Manitoba Animal Care Act sets out the requirements for animals in an owner's care. The Act allows animal protection officers to assist animals in distress. A person who contravenes any provision of this Act is guilty of an offence and is liable to a fine of not more than $5,000. for a first offence and not more than $10,000. for a subsequent offence, or to imprisonment for a term of not more than six months, or both. |
Canada - New Brunswick Statutes - Society for the Prevention of Cruelty to Animals Act | R.S.N.B. 1973, c. S-12, s. 0.1 - 32(2) | This set of laws establishes the New Brunswick Society for the Prevention of Cruelty. Under the Act, the Minister may appoint an officer, agent or employee of the society or any other person to be an animal protection officer who shall attend to the enforcement of this Act. Where an animal has been seized under this Act, the animal protection officer shall within 3 business days notify the owner or make reasonable attempts to identify and notify the owner. A person who has ownership, possession or the care and control of an animal shall provide the animal with food, water, shelter and care in accordance with the regulations. |
Canada - Newfoundland and Labrador Statutes - Animal Health and Protection Act | SNL 2010, c A-9.1 | This act replaces the Newfoundland and Labrador Animal Protection Act, Dog Act, Heritage Animals Act, Livestock Act, Livestock Health Act and the Poultry and Poultry Products Act. Anyone convicted of animal cruelty or neglect may face up to $50,000 in fines or six-months jail time; a person may also face a lifetime ban on owning an animal. The text consists of 82 sections divided into 10 Parts, which include: Animal health (I); Animal protection (II); Nuisance animal (III); Heritage animals (IV); Licensing (V); Regulation and fees (VI); Inspector’s power (VII); Offences and penalties (VIII); General (IX); Repeal and commencement (X). |
Canada - Nova Scotia Statutes - Animal Protection Act | SNS 2008, c 33 | This set of laws replaces the Animal Cruelty Prevention Act. The Act outlines the establishment and powers of the Nova Scotia Society for the Prevention of Cruelty to Animals. In addition, the Act also provides that no person shall cause an animal to be in distress. First and second time violators face up to $5,000 in fines and in default of payment, to imprisonment for a term not exceeding six months, or both fine and imprisonment. A third offense would result in a fine of up to $10,000 and in default of payment, to imprisonment for a term not exceeding six months, or both fine and imprisonment. The courts can also prohibit the ownership of animals and may impose a lifetime ban on owning animals. |
Canada - Ontario - Ontario Statutes - Ontario Society for the Prevention of Cruelty to Animals Act | R.S.O. 1990, c. O.36, s. 1 - 19 |
This set of laws comprises Ontario, Canada's Society for the Prevention of Cruelty to Animals Act. The object of the Society is to facilitate and provide for the prevention of cruelty to animals and their protection and relief therefrom. The laws outline the requirements for formation and operation of the Society as well as the guidelines under which members can assist animals in distress. Section 15 provides the standards of care for keeping cats or dogs for breeding or sale. 2015 amendments include the prohibition on the sale, purchase, and breeding of orcas. |
Canada - P.E.I. Statutes - Animal Health and Protection Act | S.P.E.I. 1988, c. 11, s. 1 - 20 | This set of laws comprises the Prince Edward Island (PEI) Animal Health and Protection Act. The object of the Act is to promote animal health and to eradicate, prevent or control the spread of disease among animals in the province. The Act gives broad authority to inspectors in ascertaining the presence of disease. |
Canada - P.E.I. Statutes - Companion Animal Protection Act | CHAPTER A-11.2 | This set of laws comprises the Prince Edward Island (PEI) Companion Animal Protection Act. The act outlines the duties of animal owners including a duty to provide animals with adequate food, water, and shelter and access to veterinary care when injured or ill. Further, under the act, no person shall torture an animal or inflict on or cause unnecessary pain or suffering to an animal. Additionally, no person shall perform, or permit to be performed, cosmetic surgery on an animal unless medically necessary (as defined). No person shall operate a companion animal retail store unless the person holds a license issued by the Director for that purpose. The disposition of seized animals is described in the law as well as appointment of humane agents. A person found to be violating the act is subject to a fine of not less than $500 and not more than $10,000, and/or imprisonment for a term of not more than six months, with increasing fines and incarceration terms for subsequent offences. |
Canada - Saskatchewan - The Animal Protection Act | Chapter A-21.2 of the Statutes of Saskatchewan, 2018 | This set of laws comprises the Saskatchewan Animal Protection Act, which was amended in 2018. Under the Act, no person responsible for an animal shall cause or permit the animal to be or to continue to be in distress. An animal can be in distress if it is deprived of sufficient food, water, shelter, or veterinary care/medical attention, or kept in unsafe or unsanitary conditions, among other things. The Act also outlines the powers of humane societies to rescue animals in distress and then sell, give away, or euthanize such animals if the owners cannot be located. A person who contravenes the Act is guilty of an offence with a fine of not more than $25,000, to imprisonment for not more than two years or to both for a first offence. Further, in addition to any other penalty imposed, if a person responsible for an animal is found guilty, the court may make an order prohibiting that person from owning or having custody or control of any animal for a period specified by the court. Part 3 (sections 28 to 31) of the Act outlines the provisions relating to damage or injury done by dogs and Part 4 (sections 32 to 34) deals with protections for service animals. |
Canada - Yukon Statutes. Animal Protection Act | R.S.Y. 2002, c. 6, s. 1 - 14 | This set of laws comprises the Yukon, Canada Animal Protection Act. The Act provides that no person shall cause or allow an animal to be in distress. Any person who contravenes this Act is guilty of an offence and liable on summary conviction to a fine of not more than $500 and, in default of payment, to imprisonment up to six months, or to both fine and imprisonment. A judge may also prohibit a person convicted of an offence under the Act from owning an animal or from having charge of an animal for any specified time period. The Act also outlines the power of peace officers to seize animals in distress as well as those powers of humane societies to provide care for such animals. |
Chile - Cruelty - Animal Protection Act (in Spanish) | Ley Nº 20.380 - Ley sobre protección de animales. | Ley 20.380 is the is the Chilean Animal Protection Statute. It recognizes animals as living beings and establishes the norms for the “recognition, protection and respect of animals” in order to avoid unnecessary pain and suffering. This law punishes animal cruelty with imprisonment of up to 3 years. Labs, zoos, circuses, and other establishments that keep animals for exhibition and entertainment are allowed, so long as they have the adequate facilities according to the species and adequate safety for people. Animal experimentation in schools is allowed under this law. Rodeo, rein-back and equestrian sports are excepted from provisions of this law. |
Chile - Cruelty - Criminal Code, Article 291 BIS and 291 TER | Criminal Code, Article 291 BIS and 291 TER | Article 291 BIS establishes the penalties for cruelty or mistreatment against animals. Article 291 TER defines animal cruelty and mistreatment. |
Chile - Cruelty - Ley 20.380 | Ley 20.380 | The animal protection statute applies to all animals and strengthens the penalties established in the criminal code for animal cruelty. Under this statute, animals are sentient living beings, that are part of nature. They must be treated respectfully and unnecessary pain must be avoided. Every person that owns an animal must provide food and shelter that is adequate to their minimum needs, and must not restrict their freedom of movement in an unnecessary manner. This is true especially if it causes suffering or if it alters the normal development of the animal. Some important aspects of this law include the establishment of the duty to teach children in schools to protect and respect animals. It prohibits animal experimentation in schools and regulates the production of livestock (confinement, breeding, transport, and slaughter). The livestock service (SAG) oversees the compliance of this law during the production of livestock, and the handling of animals by zoos, circuses, and veterinary centers. However, violations of the dispositions of this law carry out monetary fines only. |
Chile - Cruelty - LEY 21.020 | LEY 21.020 (1106037) | This law establishes the rights and responsibilities of those in possession of companion animals and establishes general duties such as adequate treatment, and meeting the needs of the animal according to their species. Some important aspects of this law include the prohibition of companion animal fighting when it is organized as an event, the training of animals to reinforce aggressive behavior, and the sacrifice of animals as a method of population control. It also prohibits the abandonment of animals and the selling of animals in the streets. It strengthens penalties for animal cruelty in the criminal code and Law No. N°20.380 (Animal protection statute), and imposes jail time and an absolute prohibition to possess animals for those found to commit animal cruelty. |