Fighting Animal Abuse - State Laws and Fines

The following from the Humane Society is a brief listing of Animal Cruelty Statutes across the US.
A Study of U.S. Cruelty Statutes
AHA's campaign against violence to animals has led us to investigate the cruelty statutes in all fifty states, and Washington, DC. As a result of that investigation, we have compiled a list of the basic aspects of each state's statute in a format that allows you to quickly determine how your state's laws measure up.
This study specifically focuses on state cruelty statutes. So even though animal fighting is profoundly cruel, we included only limited information on statutes pertaining to these acts. However, we have provided you with the necessary information to locate animal fighting statutes in each state. If one asterisk (*) follows the statute citation, the dog fighting statutes are either a part of or closely associated with the cruelty statutes. This can also mean that other types of animal fighting may be legal. If two asterisks (**) follow the statute citation animal fighting statutes are part of or closely associated with the cruelty statute. If the animal fighting statutes are located elsewhere in statute this has been explained in a footnote for that particular state.
We realize that statutes constantly change. If your organization knows of a recent legislative change or upcoming bill concerning your state's cruelty statutes, please notify us at 800-227-4645.
This includes only 3 areas of information on each statute. To get the complete information, send a check for $5.00 to AHA Cruelty Statutes, 63 Inverness Drive East, Englewood, CO 80112.

State	Classification of crime	Max. Fine	Max. Imprisonment Punishment
Alabama § 13A-11-14 Cruelty to animals - Dogfighting § 3-1-29, - Cockfighting §13A-12-4	Class B Misdemeanor	$1,000	6 months
Alaska § 11.61.140 et seq.** Cruelty to animals	Class A Misdemeanor	$5,000	1 year
Arizona § 13-2910 et seq.* Cruelty to animals or poultry Intentionally interferes with, kills or harms a working service animal without either legal privilege or consent of the owner	Class 1 Misdemeanor Class 6 Felony	$1,000 $150,000	6 months 1 year
Arkansas § 5-62-101 et seq.* Cruelty to animals	Class A Misdemeanor	$1,000	1 year
California Penal § 597 et seq.** General cruelty to animals Cruelty to endangered or protected animals, Malicious or intentional cruelty to animals	Misdemeanor Felony	$1,000 $20,000	6 months State prison or 1 year in county jail
Colorado § 18-9-201 et seq.** Cruelty to animals - Colorado statutes contain a second offense provision requiring a mandatory sentence	Class 1 Misdemeanor	$5,000	18 months
Connecticut § 53-247 et seq.** Cruelty to animals	Defined in statute
Delaware § 11-1325 et seq.** Cruelty to animals Intentional or causes severe injury	Class A Misdemeanor Class F Felony	$1,000 Fine determined by the court	2 years 3 years
District of Columbia § 22-801 et seq. General cruelty - § 32-908 Authorizes the Washington Humane Society to extend its operations to the protection of children from cruelty and abuse**	Defined in statute	$250	6 months

Florida § 828.12 et seq.** Cruelty to animals Intentional cruelty	1st Degree Misdemeanor 3rd Degree Felony	$5,000 $10,000	1 year 5 years
Georgia § 16-12-4 Cruelty to animals - Georgia statutes contain a second offense provision, a violation is a Misdemeanor in the First Degree - Dogfighting § 16-12-37, Cockfighting regulated by general cruelty and general gambling, according to case law - Cruelty specific to dogs § 4-8-5	Misdemeanor	$1,000	1 year
Hawaii § 711-1109 et seq.** Cruelty to animals	Misdemeanor	$2,000	1 year
Idaho § 25-3501 et seq.** Committing cruelty to animals	Misdemeanor 2nd offense 3rd offense	$5,000 for 1st offense $7,000 $9,000	6 months 9 months 1 year
Illinois § 510 ILCS 70/1 et seq.** .301 Cruel treatment Aggravated Cruelty - Illinois statutes contain second and third offense provisions, a second offense is a Class B Misdemeanor and a third offense is a Class C Misdemeanor	Class C Misdemeanor Class A Misdemeanor	$500 $1,000	30 days 1 year
Indiana § 35-46-3-1 et seq. Torturing or killing vertebrate animal** Abandonment or neglect of vertebrate animals	Class A Misdemeanor Class B Misdemeanor	$5,000 $1,000	1 year 180 days
Iowa § 717B et seq. Animal abuse Animal neglect - negligently Animal** neglect - intentionally Abandonment of a cat or dog	Aggravated Misdemeanor Simple Misdemeanor Serious Misdemeanor Simple Misdemeanor	$5,000 $100 $1,500 $100	2 years 30 days 1 year 30 days
Kansas § 21-4310 et seq.* Cruelty to animals	Class B Nonperson Misdemeanor	$1,000	6 months
Kentucky § 525.125 et seq.* Cruelty to animals in the second degreee	Class A Misdemeanor	$500	1 year
Louisiana § 14:102 et seq.* Simple cruelty to animals or abandonment Aggravated cruelty to animals - § 14-2 defines any sentence containing "hard labor"	Defined in statute Defined in statute	$1,000 $25,000	6 months 10 years

Maine
17 § 1031 et seq.**
Cruelty to animals

Cruelty to birds
- Maine has both criminal and civil statutes concerning animal cruelty - the penalty for civil violation (7 § 4011) is a fine of up to $1,000 and other relief to the animal as needed

Class D Crime

Class E Crime

$2,000

$1,000

1 year

6 months

Maryland
Art. 27, § 59 et seq.**
Cruelty to animals

Intentional mutilation or cruel killing

Abandonment
Injuring of a race horse

Misdemeanor

Misdemeanor
Felony

$1,000

$5,000

$100

90 days

3 years

Massachusetts
272 § 77 et seq.**
Cruelty to animals

Malicious killing or injury (266 § 122) - 24 § 1 defines a crime punishable by death or imprisonment in the state prison as a felony.
All other crimes are misdemeanors

Defined in statute

$1,000

1 year

1 year in jail or 5 years in state penitentiary

Michigan
§ 28.245 et seq.**
General cruelty to animals

Malicious cruelty to animals

Misdemeanor

Felony

$1,000

$5,000

93 days

4 years

Minnesota
§ 343.20 et seq.**
Poisoning animals

Overworking or mistreating animals,
Cruelty in transportation
- Minnesota statutes contain a second and subsequent offense provision, a violation is a Gross Misdemeanor
- § 346.37 subd. 6 requires veterinarians to report cruelty

Gross Misdemeanor

Misdemeanor

$3,000

$700

1 year

90 days

Mississippi
§ 97-41-1 et seq.**
Living creatures not to be cruelly treated, Carrying creature in a cruel manner, Confining creatures without food or water, Failure of owner to provide sustenance

Malicious or mischievous injury to livestock

Malicious or mischievous injury to dog

Poisons: administering to animals

Misdemeanor

Felony

Misdemeanor

Defined in statute

$100

$10,000

$1,000

$500

100 days

5 years

6 months

3 years in State

Missouri
§ 578.005 et seq.**
Animal neglect

Animal abuse

Animal abuse as a result of torture and mutilation
- Missouri statutes contain second and subsequent offense provisions for animal neglect, a violation is a Class B Misdemeanor

Class C Misdemeanor
(All fines and penalties for first conviction of animal neglect may be waived if remedies for neglect have been made)

Class A Misdemeanor

Class D Felony

$300

$1,000

$5,000

15 days

1 year

5 years

Montana
§ 45-8-209**
Cruelty to animals

Injure or kill a commonly domesticated hoofed animal
- Montana statutes contain a second and subsequent offense provisions, a violation is punishable by a fine not to exceed $1,000 or a state prison term not to exceed 2 years, or both

Defined in statute

$500

$50,000

6 months

10 years

Nebraska
§ 28-1008 et seq.**
Cruelty to animals
- Nebraska statutes contain a subsequent offense provision, a violation is a Class I Misdemeanor

Class II Misdemeanor

$1,000

6 months

Nevada
§ 574.050 et seq.**
Overdriving, torturing, selling diseased animal, injuring or abandoning animals; failure to provide proper sustenance, keeping animal in unhealthy place

Poisoning, noxious drug, or substance

Poisoning horse, mule, or cattle

Misdemeanor

Gross Misdemeanor

Class C Felony

$1,000

$2,000

$10,000

6 months

1 year

5 years

New Hampshire
§ 644:8 et seq.**
Cruelty to animals

Cruelly whips, tortures or mutilates any animal
- New Hampshire statutes contain a second and subsequent offense provision for general cruelty, a violation is a Class B Felony

Misdemeanor

Class B Felony

$2,000

$6,000

1 year

6 years

New Jersey
§ 4:22-15 et seq.**
Cruelty in general, overdrive torture, mutilate, kill, failure to provide proper sustenance
- New Jersey statutes provide for civil remedies also

Disorderly Person

$1,000

6 months

New Mexico
§ 30-18-1 et seq.*
Cruelty to animals

Injury to animals

Malicious slaughter of a canine

Petty Misdemeanor

Misdemeanor

$500

$1,000

$2,500

6 months

1 year

New York
AG&M § 350 et seq.**
General cruelty

Misdemeanor

$1,000

1 year

North Carolina
§ 14-360 et seq.**
Cruelty to animals

Abandonment
- Civil relief provided in § 19A-1

Class 1 Misdemeanor

Class 2 Misdemeanor

$1,500

$1,000

2 years

North Dakota
§ 36-21.1-01 et seq.**
Overworking or mistreating animals

Class A Misdemeanor

$1,000

1 year

Ohio
§ 959.01 et seq.**
Cruelty to animals

Abandoning animals

Injuring animals
- value of animal less than $300
- value of animal more than $300

Poisoning animals
- Officer or agent of Ohio Humane Society may remove a child if deemed to be in cruel surroundings

Misdemeanor in the 2nd degree
Minor Misdemeanor

Misdemeanor in the 2nd degree

Misdemeanor in the 4th degree

$750

$100

$750
$1,000

$250

90 days

90 days
6 months

30 days

Oklahoma
21 § 1680 et seq.**
Cruelty to animals

Transit, abandon, poison
- 21 § 5 defines a felony as a crime which is, or may be, punishable with death, or by imprisonment in the State Penitentiary

Defined in statute

Misdemeanor

$500

5 years in penitentiary or 1 year in jail
1 year

Oregon
§ 167.310 et seq.**
Animal abuse in the first degree

Animal abuse in the second degree

Animal neglect in the first degree

Animal neglect in the second degree

Animal abandonment

Aggravated animal abuse in the first degree

Class A Misdemeanor

Class B Misdemeanor

Class A Misdemeanor

Class B Misdemeanor

Class C Misdemeanor

Class C Felony

$5,000

$2,000

$5,000

$2,000

$1,000

$100,000

1 year

6 months

1 year

6 months

30 days

5 years

Pennsylvania
18 § 5511**
Cruelty to animals

Killing, maiming or poisoning a domestic animal

Killing, maiming, disfiguring a zoo animal - Pennsylvania statutes contain a subsequent offense provision for killing, maiming or poisoning, a violation is a Third degree Felony

Summary Offense

Second Degree Misdemeanor

Third degree Felony

$750

$1,000

$15,000

90 days

2 years

7 years

Rhode Island
§ 4-1-1 et seq.**
Overwork of, mistreatment of, or failure to feed animals, abandonment of infirm animals

Unnecessary cruelty

Malicious injury or killing of animals

Misdemeanor

Defined in statute

$500

$1,000

11 months

2 years

South Carolina
§ 47-1-10 et seq.
Ill-treatment of animals, animal neglect

Abandonment of animals

Tortures, torments, needlessly mutilates, cruelly kills or inflicts excessive or repeated unnecessary pain

Malicious injury to animals and other personal property Felony
- Animal fighting § 47-3-740, § 16-27-10 et seq.
- South Carolina statutes contain second and third offense provisions for ill treatment, penalties for violations range up to 2 years in jail and $2,000 fine

Class A 1st offense

Class B Misdemeanor

Misdemeanor

Misdemeanor to Felony

$400

$500

$5,000

Discretion of the court

60 days

2 years

10 years

South Dakota
§ 40-1-1 et seq.**
Inhumane treatment, poison an animal

Class 1 Misdemeanor

$1,000

1 year

Tennessee
§ 39-14-201 et seq.**
Cruelty to animals

Intentional killing of animal

Class A Misdemeanor

Considered theft (ranges from Class A Misdemeanor to Class B Felony)

$2,500

$2500 to $300,000

11 months, 29 days

11 months to 12 years

Texas
Penal § 42.09**
Cruelty to animals
Also provide civil remedies Title 7, Article 182

Class A Misdemeanor

$4,000

1 year

Utah
§ 76-9-301 et seq.**
Intentionally or knowingly kills, poisons or tortures

Recklessly kills, poisons or tortures

Kills, poisons or tortures with crimjnal negligence

Intentionally or knowingly fails to provide food, water shelter; abandons animal; transports or confines in a cruel manner; injures animal

Recklessly or with criminal negligence as above

A prior conviction allows for increased penalties

Class A Misdemeanor

Class B Misdeamoner

Class C Misdemeanor

Class B Misdemeanor

Class C Misdemeanor

Class C to B
Class B to A

$2,500

$1,000

$750

$1,000

$750

1 year

6 months

90 days

6 months

90 days

Vermont
13 § 351 et seq.**
Cruelty to animals

Cruelty to poultry

Defined in statute

$2,000

$250

1 year

subsequent offense provision

Virginia
§ 3.1-796.122 **
Cruelty to animals

Abandonment

Class 1 Misdemeanor

Class 3 Misdemeanor

$2,500

$500

12 months

none

Washington
§ 16.52.011 et seq.**
Animal cruelty in the first degree

Animal cruelty in the second degree

Poisoning animals

Class C Felony

Misdemeanor

Gross Misdemeanor

$10,000

$1,000

5 years

90 days

2 years probation

West Virginia
§ 61-8-19 et seq.**
Cruelty to animals

Malicious killing of animals by poison or otherwise
- value of animal over $100
- value of animal under $100
- West Virginia statutes contain second and subsequent offense provisions, a violation is a Misdemeanor and requires the defendant to undergo psychological evaluation
- § 7-10-4A requires veterinarians to report cruelty and neglect

Misdemeanor

Felony Misdemeanor

$1,000

$500

6 months

3 months

Wisconsin
§ 951.01 et seq.**
Mistreating animals, Not providing proper shelter, Animals neglected or abandoned

Intentional cruelty resulting in mutilation, disfigurement or death

Class C Forfeiture to Class A Misdemeanor

Class E Felony

$500 to $10,000

$10,000

None to 9 months

2 years

Wyoming
§ 6-3-203, § 11-31-104**
Cruelty to animals

Poisoning or killing with ground glass
- Wyoming statutes contain a second offense provision, a violation is a High Misdemeanor

Misdemeanor

$750

$1,000

6 months

1 year

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