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This
bill would modify the portion of the penal code related to cruelty to
nonlivestock animals. Under current law, a person commits an offense if they intentionally,
knowingly, or recklessly fail to
provide necessary food, water, care, or shelter for an animal in the person's
custody; or if they reasonably abandon an
animal in the person's custody; or if they transport or confine an animal in a
cruel manner; or without the owner's effective consent they cause bodily injury
to an animal, or if they seriously overwork an animal. These crimes are
currently punishable as a Class A misdemeanor if it is the first or second offense,
and upon a third conviction for this or related offenses, the penalty is enhanced
to a state jail felony. If this bill passes, these crimes would constitute a
state jail felony on a second offense.
Under current law, a person commits an offense if they intentionally,
knowingly, or recklessly torture an animal or in a cruel manner kill or cause serious
bodily injury to an animal; or without the owner's effective consent, kills,
administers poison to, or causes serious bodily injury to an animal; or uses a
live animal as a lure in dog race training or in dog coursing on a racetrack.
The offenses are currently punishable as a state jail felony for a first for second
offense, but upon a third offense for one of these crimes or a similar crime,
it is punishable as a third-degree felony.
This bill would modify the aforementioned portion fairly substantially; if
someone intentionally, knowingly, or recklessly tortures an animal or in a cruel manner kills or
causes serious bodily injury to an animal; or without the owner's effective
consent, kills, administers poison to, or causes serious bodily injury to an animal,
the offense would be punishable as a third-degree felony. However, if the person
had previously been convicted of one of these offenses, or an offense related
to fighting animals or using animals as a lure in a dog race the sentence would
be enhanced to a second-degree felony.
Finally, under current law, an offense related to fighting animals or using animals
as a lure in a dog race is a state jail felony. However, if the person has been
convicted two times of this crime or similar crimes, they would be subject to a
third-degree felony. If this bill passes, the penalty would be enhanced to third-degree
felony upon a second conviction.
Under current law, the killing of dogs or coyotes that attack animals is permitted
in certain situations. If this bill passes, it would affirm that this section
of the code does not provide a defense to prosecution for an offense related to
cruelty to nonlivestock animals.