Full Statute Name:  West's Annotated Code of Maryland. Criminal Law. Title 10. Crimes Against Public Health, Conduct, and Sensibilities. Subtitle 6. Crimes Relating to Animals. Title 3. Other Crimes Against The Person. Subtitle 3. Sexual Crimes.

§ 10-606. Aggravated cruelty to animals--In general

“Sexual contact with an animal” defined

(a)(1) In this section, “sexual contact with an animal” means any act:

(i) involving:

1. a person touching the sex organ or anus of an animal;

2. contact between:

A. the sex organ or anus of a person and the mouth, sex organ, or anus of an animal; or

B. the sex organ or anus of an animal, and the mouth, sex organ, or anus of a person; or

3. insertion of:

A. any part of the body of a person into the opening of the vagina or anus of an animal;

B. any part of an animal's body into the opening of the vagina or anus of a person; or

C. any object into the opening of the vagina or anus of an animal; and

(ii) committed for the purpose of sexual arousal, sexual gratification, abuse, or financial gain.

(2) “Sexual contact with an animal” does not include:

(i) an accepted veterinary practice;

(ii) artificial insemination of an animal for reproductive purposes;

(iii) accepted animal husbandry practices, including:

1. grooming;

2. raising;

3. breeding;

4. assisting with the birthing process; or

5. any other activity that provides care for an animal; or

(iv) generally accepted practices relating to the judging of breed confirmation.

Prohibited

(b) A person may not:

(1) intentionally:

(i) mutilate an animal;

(ii) torture an animal;

(iii) cruelly beat an animal;

(iv) cruelly kill an animal; or

(v) engage in sexual contact with an animal;

(2) cause, procure, or authorize an act prohibited under item (1) of this subsection; or

(3) except in the case of self-defense, intentionally inflict bodily harm, permanent disability, or death on an animal owned or used by a law enforcement unit.

Penalty

(c)(1) A person who violates this section is guilty of the felony of aggravated cruelty to animals and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

(2) As a condition of sentencing, the court may:

(i) order a defendant convicted of violating this section to:

1. participate in and pay for psychological counseling; and

2. pay, in addition to any other fines and costs, all reasonable costs incurred in removing, housing, treating, or euthanizing an animal confiscated from the defendant; and

(ii) prohibit a defendant from owning, possessing, or residing with an animal for a specified period of time.

Credits

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2011, c. 26, § 1, eff. Oct. 1, 2011; Acts 2011, c. 27, § 1, eff. Oct. 1, 2011; Acts 2014, c. 218, § 1, eff. Oct. 1, 2014; Acts 2017, c. 187, § 1, eff. Oct. 1, 2017; Acts 2017, c. 188, § 1, eff. Oct. 1, 2017; Acts 2018, c. 238, § 1, eff. Oct. 1, 2018; Acts 2019, c. 61, § 1, eff. Oct. 1, 2019; Acts 2019, c. 62, § 1, eff. Oct. 1, 2019; Acts 2019, c. 72, § 1, eff. Oct. 1, 2019.

Formerly Art. 27, § 59

§ 10-607. Aggravated cruelty to animals--Dogfights

(a) In this section, “baiting” means using a dog to train a fighting dog or to test the fighting or killing instinct of another dog.

Prohibited

(b) A person may not:

(1) use or allow a dog to be used in a dogfight or for baiting;

(2) arrange or conduct a dogfight;

(3) possess, own, sell, transport, or train a dog with the intent to use the dog in a dogfight or for baiting; or

(4) knowingly allow premises under the person's ownership, charge, or control to be used to conduct a dogfight or for baiting.

Fines and penalties

(c)(1) A person who violates this section is guilty of the felony of aggravated cruelty to animals and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

(2) As a condition of sentencing, the court may:

(i) order a defendant convicted of violating this section to:

1. participate in and pay for psychological counseling; and

2. pay, in addition to any other fines and costs, all reasonable costs incurred in removing, housing, treating, or euthanizing an animal confiscated from the defendant; and

(ii) prohibit a defendant from owning, possessing, or residing with an animal for a specified period of time.

Credits

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2004, c. 120, § 1, eff. Oct. 1, 2004; Acts 2004, c. 121, § 1, eff. Oct. 1, 2004; Acts 2013, c. 44, § 1, eff. Oct. 1, 2013; Acts 2018, c. 238, § 1, eff. Oct. 1, 2018; Acts 2019, c. 61, § 1, eff. Oct. 1, 2019; Acts 2019, c. 62, § 1, eff. Oct. 1, 2019.

Formerly Art. 27, § 59

§ 10-607.1. Possession and use of an implement of dogfighting

“Implement of dogfighting” defined

(a)(1) In this section, “implement of dogfighting” means an implement, an object, a device, or a drug intended or designed:

(i) to enhance the fighting ability of a dog; or

(ii) for use in a deliberately conducted event that uses a dog to fight with another dog.

(2) “Implement of dogfighting” includes:

(i) a breaking stick designed for insertion behind the molars of a dog to break the dog's grip on another animal or object;

(ii) a cat mill that rotates around a central support with one arm designed to secure a dog and one arm designed to secure a cat, rabbit, or other small animal beyond the grasp of the dog;

(iii) a springpole that has a biting surface attached to a stretchable device, suspended at a height sufficient to prevent an animal from reaching the biting surface while touching the ground;

(iv) a fighting pit or other confined area designed to contain a dogfight;

(v) a breeding stand or rape stand used to immobilize female dogs for breeding purposes; and

(vi) any other instrument or device that is commonly used in the training for, in the preparation for, in the conditioning for, in the breeding for, in the conducting of, or otherwise in furtherance of a dogfight.

Possession of an implement of dogfighting

(b) A person may not possess, with the intent to unlawfully use, an implement of dogfighting.

Fines and penalties

(c)(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $5,000 or both. 

(2) As a condition of sentencing, the court may:

(i) order a defendant convicted of violating this section to participate in and pay for psychological counseling; and

(ii) prohibit a defendant from owning, possessing, or residing with an animal for a specified period of time.

(3) Each implement of dogfighting possessed in violation of this section is a separate offense.

Credits

Added by Acts 2016, c. 546, § 1, eff. Oct. 1, 2016. Amended by Acts 2018, c. 238, § 1, eff. Oct. 1, 2018.

(a)(1) In this section, “implement of cockfighting” means any implement or device intended or designed:

(i) to enhance the fighting ability of a fowl, cock, or other bird; or

(ii) for use in a deliberately conducted event that uses a fowl, cock, or other bird to fight with another fowl, cock, or other bird.

(2) “Implement of cockfighting” includes:

(i) a gaff;

(ii) a slasher;

(iii) a postiza;

(iv) a sparring muff; and

(v) any other sharp implement designed to be attached in place of the natural spur of a gamecock or other fighting bird.

Prohibited

(b) A person may not:

(1) use or allow the use of a fowl, cock, or other bird to fight with another animal;

(2) possess, with the intent to unlawfully use, an implement of cockfighting;

(3) arrange or conduct a fight in which a fowl, cock, or other bird fights with another fowl, cock, or other bird;

(4) possess, own, sell, transport, or train a fowl, cock, or other bird with the intent to use the fowl, cock, or other bird in a cockfight; or

(5) knowingly allow premises under the person's ownership, charge, or control to be used to conduct a fight in which a fowl, cock, or other bird fights with another fowl, cock, or other bird.

Penalty

(c)(1) A person who violates this section is guilty of the felony of aggravated cruelty to animals and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

(2) As a condition of sentencing, the court may:

(i) order a defendant convicted of violating this section to:

1. participate in and pay for psychological counseling; and

2. pay, in addition to any other fines and costs, all reasonable costs incurred in removing, housing, treating, or euthanizing an animal confiscated from the defendant; and

(ii) prohibit a defendant from owning, possessing, or residing with an animal for a specified period of time.

Credits

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2004, c. 120, § 1, eff. Oct. 1, 2004; Acts 2004, c. 121, § 1, eff. Oct. 1, 2004; Acts 2018, c. 238, § 1, eff. Oct. 1, 2018; Acts 2019, c. 61, § 1, eff. Oct. 1, 2019; Acts 2019, c. 62, § 1, eff. Oct. 1, 2019.

Formerly Art. 27, § 59.

§ 10-609. Arrest by humane society officer

(a) Except as provided in subsections (b) and (c) of this section, if an officer of a humane society sees a person committing a misdemeanor that involves cruelty to an animal, the officer shall arrest and bring before the District Court the person committing the misdemeanor.

(b) In Calvert County, if an officer of a humane society or an animal control officer appointed by the County Commissioners or the County Commissioners' designee sees a person committing a misdemeanor that involves cruelty to an animal, the officer shall arrest and bring before the District Court the person committing the misdemeanor.

(c) In Baltimore County, the Baltimore County Department of Health, Division of Animal Control shall enforce this section.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2008, c. 309, § 1, eff. Oct. 1, 2008.

§ 10-610. Animal as prize

Scope of section

(a) This section does not apply to a person giving away an animal:

(1) as an agricultural project;

(2) for conservation purposes; or

(3) that is intended for slaughter.

Prohibited

(b) Without the approval of the Secretary of Agriculture, a person may not give away a live animal as:

(1) a prize for, or inducement to enter, a contest, game, or other competition;

(2) an inducement to enter a place of amusement; or

(3) an incentive to make a business agreement if the offer is to attract trade.

Penalty

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

§ 10-611. Killing of dog or cat--Prohibited means

Prohibited

(a) A person may not kill or allow a dog or cat to be killed by use of:

(1) a decompression chamber;

(2) carbon monoxide gas; or

(3) curariform drugs.

Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

§ 10-612. Abandoning domestic animal

Prohibited

(a) A person who owns, possesses, or has custody of a domestic animal may not drop or leave the animal on a road, in a public place, or on private property with the intent to abandon the animal.

Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

§ 10-613. Sale of puppy or kitten

Scope of section

(a) This section does not apply to:

(1) a biomedical facility that is licensed by the United States Department of Agriculture; or

(2) an animal that is accompanied by a signed statement from a licensed veterinarian stating that the animal's dam is incapacitated for humane or medical reasons and cannot care for the animal.

Prohibited

(b)(1) Except as provided in paragraph (2) of this subsection, a person may not sell or distribute in the State or bring into the State for the purpose of sale or distribution a domestic dog or cat less than 8 weeks of age unless accompanied by its dam.

(2) A person may give an unaccompanied dog or cat to:

(i) an animal shelter or pound that is operated or supported by a government; or

(ii) a humane society.

Penalty

(c)(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.

(2) For purposes of humane disposal, a court may seize an animal brought into this State in violation of this section.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

§ 10-614. Transfer or coloring of chick

"Chick" defined

(a) In this section, "chick" means a chicken, duckling, or other fowl under the age of 3 weeks.

Exception

(b) This section does not prohibit the sale or display of a chick in proper facilities by a breeder or store engaged in the business of selling chicks for commercial breeding and raising.

Prohibited

(c) A person may not:

(1) sell, offer for sale, barter, or give away a chick as a pet, toy, premium, or novelty; or

(2) color, dye, stain, or otherwise change the natural color of a chick.

Penalty

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $25.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

§ 10-615. Care of mistreated animal

(a) If an owner or custodian of an animal is convicted of an act of animal cruelty, the court may order the seizure of the animal or any other animal at the time of conviction for the protection of the animal.

Seizure

(b)(1) An officer or authorized agent of a humane society, or a police officer or other public official required to protect animals may seize an animal if necessary to protect the animal from cruelty.

(2)(i) An animal that a medical and scientific research facility possesses may be seized under this subsection only after review by and a recommendation from the Maryland Department of Health, Center for Veterinary Public Health.

(ii) The Maryland Department of Health shall:

1. conduct an investigation within 24 hours after receiving a complaint; and

2. within 24 hours after completing the investigation, report to the State's Attorney for the county in which the facility is situated.
Impounded animal

(c)(1) If an animal is impounded, yarded, or confined without necessary food, water, or proper attention, is subject to cruelty, or is neglected, an officer or authorized agent of a humane society, a police officer, another public official required to protect animals, or any invited and accompanying veterinarian licensed in the State, may:

(i) enter the place where the animal is located and supply the animal with necessary food, water, and attention; or

(ii) seize the animal if seizure is necessary for the health of the animal.

(2) A person who enters a place under paragraph (1) of this subsection is not liable because of the entry.

Notification to owner

(d)(1) A person who seizes an animal under subsection (c) of this section shall notify the animal's owner or custodian by personal service or certified mail within 24 hours of:
(i) the seizure;

(ii) any administrative remedies that may be available to the owner or custodian; and

(iii) if an administrative remedy is not available, the right to petition the court for the return of the animal under paragraph (2) of this subsection, including instructions describing how to petition the court for the return of the animal.

(2) If an administrative remedy is not available, the owner or custodian may file a petition for the return of the animal in the District Court of the county in which the seizure occurred within 10 days after the seizure.

Stray

(e) An animal is considered a stray and will be forfeited to a person who is authorized to seize the animal if:

(1) an owner or custodian of the animal was notified under subsection (d) of this section and failed to file a petition within 10 days after seizure; or

(2) the owner or custodian of the animal is unknown and cannot be ascertained by reasonable effort for 72 hours to determine the owner or custodian.

Limitations

(f) This section does not allow:

(1) entry into a private dwelling; or

(2) without the prior recommendation of a veterinarian licensed in the State, seizure of:

(i) livestock, as defined by § 1-101 of the Agriculture Article;

(ii) poultry, as defined by § 1-101 of the Agriculture Article; or

(iii) a dog that is actively engaged in livestock herding or guarding.

Local enforcement--Baltimore County

(g) In Baltimore County, the Baltimore County Department of Health, Division of Animal Control or an organization that the Baltimore County government approves shall enforce this section.

Credits
Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2004, c. 25, § 1, eff. April 13, 2004; Acts 2017, c. 62, § 6; Acts 2022, c. 180, § 1, eff. Oct. 1, 2022.

Formerly Art. 27, § 67.

§ 10-615.1. Reasonable costs of care for a seized animal

“Owner” defined

(a) In this section, “owner” means a person who can prove legal title to or ownership of an animal at issue on the date of the seizure.

Petition

(b)(1)(i) If an animal is seized under § 10-615 of this subtitle and the owner has filed a petition for return of the animal, an officer or authorized agent of a humane society, or a police officer or any other public official required to protect animals who represents the seizing person, may file a petition to join a proceeding conducted under § 10-615(d)(2) of this subtitle for the reasonable costs of caring for the animal, including the provision of food, water, shelter, and medical care.

(ii) If livestock, as defined by § 1-101 of the Agriculture Article, is seized under § 10-615 of this subtitle and the owner has not filed a petition for return of the animal, an officer or authorized agent of a humane society, or a police officer or any other public official required to protect animals who represents the seizing person, shall file a petition for the continued possession of the livestock and reasonable costs for caring for the livestock, including the provision of food, water, shelter, and medical care.

(2) A petition filed under paragraph (1) of this subsection shall be filed not less than 10 days but not more than 30 days after the seizure of an animal under § 10-615 of this subtitle.

(3) Within 7 days after filing a petition under this subsection, the petitioner shall serve a copy of the petition on the owner or custodian of the animal by personal service or by registered mail to:

(i) the owner's or custodian's mailing address;

(ii) the place of business of the owner's or custodian's counsel of record; or

(iii) if the owner or custodian is detained pretrial, the detention facility where the owner or custodian is located.

Hearing

(c) On receipt of a petition filed under § 10-615(d)(2) of this subtitle or subsection (b)(1) of this section, the court shall set a date for a hearing to determine:

(1) whether the seizure of the animal was warranted;

(2) whether the continued possession by the petitioner is warranted;

(3) the responsibility of the owner or custodian for the reasonable costs of care for the seized animal; and

(4) whether the owner or custodian may be allowed to own or possess a new animal during the pending proceeding and until the disposition of any criminal charges relating to the seizure.

Hearing schedule; notice

(d)(1) A hearing under subsection (c) of this section shall be scheduled not less than 14 days but not more than 21 days from the service of the petition.

(2) Within 7 days after the scheduling of the hearing date, a petitioner shall serve notice of the hearing date on the owner or custodian of the seized animal in the manner described under subsection (b)(3) of this section.

Burden of petitioner

(e) At the hearing under subsection (c) of this section, the petitioner shall demonstrate by a preponderance of the evidence:

(1) the amount of reasonable costs of care for the seized animal;

(2) that the seizure of the animal was warranted; and

(3) that the continued possession of the animal by the petitioner is warranted.

Rights of owner or custodian

(f) During a hearing under subsection (c) of this section, the owner or custodian of the seized animal shall have the opportunity to:

(1) object to the evidence presented by the petitioner; and

(2) request an alternative disposition of the animal.

Court order

(g)(1)(i) Not later than 5 days after the conclusion of a hearing under § 10-615(d)(2) of this subtitle or subsection (b)(1) of this section, the court shall issue an order granting or denying the petitions.

(ii) Reasonable costs of care for a seized animal shall be limited to $15 per day per animal, in addition to necessary medical care, as determined by a licensed veterinarian and documented by invoices.

(iii) Necessary medical care may not exceed $50 per day per animal.

(iv) If the court awards payment of the reasonable cost of care of the seized animal to the petitioner, the court shall:

1. order the owner or custodian of the seized animal to pay any filing fees paid by the petitioner to file the petition under subsection (b) of this section and the amount of reasonable costs of care; and

2. inform the owner or custodian of the animal of the right to petition for an adjustment of the amount of costs for care under paragraph (5) of this subsection.

(v) If the court finds that the seizure of an animal was warranted, the court may prohibit the owner or custodian of the animal from owning or possessing a new animal until the conclusion of any criminal proceedings related to the seizure of the animal.

(2)(i) The court order for filing fees and costs of care shall include a schedule of monthly payments to be paid by the owner or custodian to the clerk of the court beginning 30 days after the initial payment designated in the order.

(ii) The petitioner shall be eligible to draw funds held by the clerk of the court to reimburse its actual costs incurred for care of the animal.

(iii) Payments shall continue until termination under subsection (i) of this section.

(iv) Unless the proceeding involves not more than two animals and the only charges are neglect, the ability to pay by the owner or custodian may not affect the court's determination as to the amount of the reasonable costs of care.

(3)(i) Not later than 14 days after service of the court order, the owner or custodian shall begin to make payments to the clerk of the court in accordance with the court order.

(ii) The owner or custodian shall continue to make payments as required by the court order until termination under subsection (i) of this section.

(4) If an owner or a custodian fails to timely pay any of the amounts ordered within 30 calendar days:

(i) the seized animal for which reasonable costs of care were ordered shall be automatically forfeited, by operation of law, to the petitioner; and

(ii) the petitioner shall obtain all rights and privileges in and over the animal.

(5)(i) The court, on motion by a petitioner or the owner or custodian, and after notice and a hearing consistent with this section, may:

1. determine whether the continued possession of the animal by the petitioner is warranted; or

2. adjust the amount of costs for care.

(ii) Payments by the owner or custodian shall be suspended until the motion is decided.

Medical care; euthanasia

(h)(1)(i) Payment for reasonable costs of care by the owner or custodian of the seized animal does not prevent the petitioner from providing necessary medical care, including euthanizing the seized animal.

(ii) The petitioner may euthanize a seized animal if the petitioner obtains a written opinion from a local licensed veterinarian who states it is necessary to alleviate the animal's suffering.

(iii) Unless immediate euthanasia is considered necessary by a veterinarian under subparagraph (ii) of this paragraph, reasonable notice shall be provided to the owner or custodian before the animal is euthanized.

(2) Payment of reasonable costs of care under subsection (g) of this section may not prevent the petitioner from transferring the seized animal to another facility or caretaker if the court is notified of the transfer in a timely manner.

Termination of court order

(i)(1) A court order for costs shall terminate if:

(i) the owner of the animal surrenders all rights to the animal;

(ii) the animal is forfeited to the petitioner under § 10-615(e) of this subtitle or subsection (g)(4) or (l) of this section; or

(iii) the animal dies or is euthanized.

(2) After termination of the order, any unused funds retained by the clerk of the court shall be returned to the owner or custodian of the animal.

Immunity

(j) A petitioner shall be immune from civil liability for damages alleged by an owner or a custodian concerning the care provided by the petitioner, except for intentional misconduct or gross negligence resulting in the death of the seized animal.

Effect of acquittal

(k) If the owner or custodian of the seized animal is acquitted of all criminal charges and if all costs ordered to be paid under this section have been timely paid, the owner or custodian of the animal is entitled to:

(1) take repossession of the animal; and

(2) a return of all reasonable costs of care paid by the owner or custodian.

Forfeiture after conviction

(l) If the owner or custodian of the seized animal is convicted of any criminal charges brought in relation to a seizure under § 10-615 of this subtitle, any animals seized shall be forfeited.

Restitution seeking by humane society or public official

(m) This section may not be construed to prevent an officer or authorized agent of a humane society, or a police officer or other public official required to protect animals, from seeking restitution as part of sentencing if a person does not seek costs of care under this section.

Credits
Added by Acts 2022, c. 180, § 1, eff. Oct. 1, 2022.

§ 10-616. Kennel inspection

Scope of section

(a) This section does not apply to premises:

(1) where dogs are kept or bred solely for medical or related research or laboratory tests;

(2) operated by a licensed and regularly practicing veterinarian; or

(3) where hunting dogs are housed, if the buying, selling, trading, or breeding is incidental to the main purposes of housing,keeping, and using dogs.

Authority to inspect

(b)(1) To determine if dogs are being treated inhumanely in violation of this subtitle or other law, an authorized director of a humane society, accompanied by a sheriff or a deputy sheriff, may inspect a premises:

(i) where a person is engaged in the business of buying, selling, trading, or breeding dogs; or

(ii) of a kennel where 25 or more dogs are kept.

(2) A person who inspects premises under paragraph (1) of this subsection shall give prior written notice of the time and date of the inspection to the owner or occupant of the premises.

Local enforcement

(c)(1) In Baltimore City, the Baltimore City Health Department shall enforce this section.

(2) In Baltimore County, the Baltimore County Department of Health, Division of Animal Control or an organization that the Baltimore County government approves shall enforce this section.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

§ 10-617. Disposal of domestic animal

 “Animal control unit” defined

(a) In this section, “animal control unit” means the local organization or governmental unit that the appropriate local governmental body designates to house, care for, and control domestic animals of unknown ownership.

In general

(b) An animal control unit shall dispose of an unclaimed dog or cat only by:

(1) placing the animal in a suitable home;

(2) retaining the animal in the animal control unit; or

(3) humanely destroying the animal.

Waiting period

(c) A domestic animal that is impounded by an animal control unit may not be sold, placed, or destroyed until the animal has been carefully inspected for a tag, tattoo, microchip, or other identification to ascertain the owner and:

(1) 72 hours have elapsed after notice has been given to the owner;

(2) if the owner cannot be notified, 72 hours have elapsed after the animal is impounded;

(3) the animal is seriously diseased or severely injured; or

(4) the animal is under 3 months of age.

Liability of owner and new owner

(d)(1) An animal control unit shall make a reasonable effort to notify the owner of the location of and the procedure for retrieving an impounded animal.

(2) An owner who retrieves an animal from an animal control unit shall pay all fees, costs, and expenses incurred by the animal control unit.

(3) The necessary expenses for food and attention given to an animal under this section may be collected from the owner, and the animal is not exempt from levy and sale on execution of a judgment for the expenses.

(4) A new owner with whom an animal is placed under subsection (b)(1) of this section may be charged an adoption fee.

Penalty

(e) A person who violates this section:

(1) for a first offense, is subject to a civil fine not exceeding $500; and

(2) for a second or subsequent offense, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.

Credits
Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2016, c. 248, § 1, eff. Oct. 1, 2016.

§ 10-618. Poisoning dog

Prohibited

(a) A person may not willfully and maliciously give poison or ground glass to a dog, or expose poison or ground glass, with the intent that a dog ingest it.

Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 for each violation.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

§ 10-619. Dangerous dog

Definitions

(a)(1) In this section the following words have the meanings indicated.

(2) "Dangerous dog" means a dog that:

(i) without provocation has killed or inflicted severe injury on a person; or

(ii) is determined by the appropriate unit of a county or municipal corporation under subsection (c) of this section to be a potentially dangerous dog and, after the determination is made:

1. bites a person;

2. when not on its owner's real property, kills or inflicts severe injury on a domestic animal; or

3. attacks without provocation.

(3)(i) "Owner's real property" means real property owned or leased by the owner of a dog.

(ii) "Owner's real property" does not include a public right-of-way or a common area of a condominium, apartment complex, or townhouse development.

(4) "Severe injury" means a physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.

Exception

(b) This section does not apply to a dog owned by and working for a governmental or law enforcement unit.

Determination of potentially dangerous dog

(c) An appropriate unit of a county or municipal corporation may determine that a dog is potentially dangerous if the unit:

(1) finds that the dog:

(i) has inflicted a bite on a person while on public or private real property;

(ii) when not on its owner's real property, has killed or inflicted severe injury on a domestic animal; or

(iii) has attacked without provocation; and

(2) notifies the dog owner in writing of the reasons for this determination.

Prohibited

(d) A dog owner may not:

(1) leave a dangerous dog unattended on the owner's real property unless the dog is:

(i) confined indoors;

(ii) in a securely enclosed and locked pen; or

(iii) in another structure designed to restrain the dog; or

(2) allow a dangerous dog to leave the owner's real property unless the dog is leashed and muzzled, or is otherwise securely restrained and muzzled.

Required notice

(e) An owner of a dangerous dog or potentially dangerous dog who sells or gives the dog to another shall notify in writing:

(1) the authority that made the determination under subsection (c) of this section, of the name and address of the new owner of the dog; and

(2) the person taking possession of the dog, of the dangerous behavior or potentially dangerous behavior of the dog.

Penalty

(f) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $2,500.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

§ 10-620. Interference with an equine

§ 10-621. Import, offer for sale, trade, barter, possess, breed, or exchange certain live animals prohibited

§ 10-622. Injuring or trapping carrier pigeon

Prohibited--Killing or maiming

(a) A person may not shoot, kill, or maim a carrier pigeon.

Prohibited--Trapping or detaining

(b) A person may not entrap, catch, or detain a carrier pigeon that has:

(1) the owner's name stamped on the carrier pigeon's wing or tail; or

(2) a leg band that includes the owner's initials, name, or number.

Penalty

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10 for each violation.

CREDIT(S)

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.

§ 10-623. Dogs outside, unattended and restrained

(a)(1) In this section the following words have the meanings indicated.

(2) “Collar” means a device constructed of nylon, leather, or similar material specifically designed to be used around the neck of a dog.

(3) “Extreme weather conditions” means temperatures below 32 degrees Fahrenheit or conditions during an active winter or cold weather warning or advisory issued by the National Weather Service.

(4) “Restraint” means a chain, rope, tether, leash, cable, or other device that attaches a dog to a stationary object or trolley system.

(5) “Sporting” means any athletic competition, skill competition, obedience competition, or other competition intended for the participation of dogs.

(6) “Suitable shade” means an area completely protected from the direct sun that is accessible and fully covers a dog.

(7) “Suitable shelter” means a structure that:

(i) is properly ventilated;

(ii) has a solid floor that allows the dog to remain reasonably dry;

(iii) has a weatherproof roof;

(iv) is enclosed with an entrance on one side;

(v) allows a dog to maintain its normal body temperature; and

(vi) is suitable for the species, age, condition, size, and type of dog.

Dogs outside, unattended prohibited

(b) A person may not leave a dog outside and unattended by use of a restraint:

(1) that unreasonably limits the movement of the dog;

(2) that uses a collar that:

(i) is made primarily of metal; or

(ii) is not at least as large as the circumference of the dog's neck plus 1 inch;

(3) that restricts the access of the dog to suitable and sufficient clean water or appropriate shelter;

(4) in unsafe or unsanitary conditions; or

(5) that causes injury to the dog.

Suitable shelter or shade

(c) Except as provided in subsection (d) of this section, a person may not leave a dog outside and unattended for longer than 30 minutes without access to continuous:

(1) suitable shelter during extreme weather conditions; and

(2) suitable shelter or suitable shade when temperatures are above 90 degrees Fahrenheit.

Exception

(d) The prohibition in subsection (c) of this section does not apply if the dog is lawfully and actively engaged in:

(1) hunting;

(2) livestock herding or guarding;

(3) sledding;

(4) sporting; or

(5) training.

Fines and penalties

(e)(1) A person who violates subsection (b) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $1,000 or both.

(2) A violation of subsection (c) of this section is a civil offense punishable by:

(i) for a first violation, a warning;

(ii) for a second violation, a civil penalty of up to $500; and

(iii) for a third or subsequent violation, a civil penalty of up to $1,000.

More stringent requirements

(f) This section may not be construed to prohibit a local government from adopting a requirement for the health and safety of dogs that is more stringent than the requirements of this section.

Credits
Added by Acts 2007, c. 570, § 1, eff. Oct. 1, 2007. Amended by Acts 2022, c. 181, § 1, eff. Oct. 1, 2022; Acts 2022, c. 182, § 1, eff. Oct. 1, 2022.

§ 10-624. Surgical restrictions relating to dogs

In general

(a) Except as provided in subsection (b) of this section, a person may not:

(1) crop or cut off the ear of a dog;

(2) dock or cut off the tail of a dog;

(3) cut off the dewclaw of a dog; or

(4) surgically birth a dog.

Surgical restrictions

(b) A procedure described in subsection (a) of this section may be performed by a licensed veterinarian using anesthesia when appropriate on the animal.

Fines or imprisonment for violation of section

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to:

(1) for a first offense, imprisonment not exceeding 90 days or a fine not exceeding $1,000 or both; and

(2) for a second or subsequent offense, imprisonment not exceeding 180 days or a fine not exceeding $5,000 or both.

Credits

Added by Acts 2014, c. 185, § 1, eff. Oct. 1, 2014.

§ 10-625. Devocalization of cats or dogs

Devocalize defined

(a)(1) “Devocalize” means to perform a surgical procedure involving cutting, notching, punching, abrading, lasering, suturing, or otherwise physically altering the vocal apparatus of a dog or cat with the intent of altering, reducing, or eliminating vocal sounds produced by the animal.

(2) “Devocalize” includes debarking, devoicing, silencing, ventriculocordectomy, vocal cordectomy, bark reduction, and bark softening.

Persons prohibited from devocalizing dogs or cats

(b) Except as provided in subsection (c) of this section, a person may not surgically devocalize a dog or cat.

Devocalization restrictions

(c) A licensed veterinarian may surgically devocalize a dog or cat only if:

(1) anesthesia is administered to the animal during the procedure; and

(2) the veterinarian provides the owner or keeper of the animal a written certification that:

(i) states that the procedure on the animal was medically necessary to treat or relieve a physical illness, a disease, or an injury, or to correct a congenital abnormality that is causing or will cause the animal medical harm or pain; and

(ii) contains:

1. the date and description of the veterinarian's examination and evaluation;

2. supporting diagnoses and findings;

3. the name and current address and telephone number of the animal's owner or keeper; and

4. the name and current address and telephone number, State license number, and signature of the veterinarian.

Misdemeanor conviction for violation of section

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to:

(1) for a first offense, imprisonment not exceeding 90 days or a fine not exceeding $1,000 or both; and

(2) for a second or subsequent offense, imprisonment not exceeding 1 year or a fine not exceeding $2,000 or both.

Credits

Added by Acts 2014, c. 186, § 1, eff. Oct. 1, 2014; Acts 2014, c. 187, § 1, eff. Oct. 1, 2014.

§ 10-625.1. Declawing procedure on cat prohibited

“Declawing procedure” defined

(a) In this section, “declawing procedure” has the meaning stated in § 2-301 of the Agriculture Article.
In general

(b) Except as provided in § 2-313.3 of the Agriculture Article, a person may not perform a declawing procedure on a cat.

Penalty; enforcement

(c)(1) A violation of this section is a civil offense.

(2) A person who violates this section is subject to a fine not exceeding $1,000.

(3) The provisions of this section may be enforced by:

(i) any State or local law enforcement officer; or

(ii) the local animal control authority for the jurisdiction where the violation occurs.

Credits
Added by Acts 2022, c. 178, § 1, eff. Oct. 1, 2022; Acts 2022, c. 179, § 1, eff. Oct. 1, 2022.

§ 10-626. Harm to service animals

Criminal Law. Title 3. Other Crimes Against The Person. Subtitle 3. Sexual Crimes.

§ 3-322. Unnatural or perverted sexual practice - Repealed by Acts 2023, c. 796, § 1, eff. Oct. 1, 2023; Acts 2023, c. 797, § 1, eff. Oct. 1, 2023

Former text:

Prohibited

(a) A person may not:

(1) take the sexual organ of another or of an animal in the person's mouth;

(2) place the person's sexual organ in the mouth of another or of an animal; or

(3) commit another unnatural or perverted sexual practice with another or with an animal.

Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $1,000 or both.

Statute of limitations and in banc review

(c) A person who violates this section is subject to § 5-106(b) of the Courts Article.

Charging document

(d) An indictment for a violation of this section:

(1) is sufficient if it states that the defendant committed an unnatural and perverted sexual practice with a person or animal as applicable; but

(2) need not state the particular:

(i) unnatural or perverted sexual practice with which the defendant is charged; or

(ii) manner in which the defendant committed the unnatural or perverted sexual practice.

CREDIT(S)

Added as Criminal Law § 3-320 by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Renumbered as Criminal Law § 3-321 by Acts 2002, c. 266, § 1, eff. Oct. 1, 2002. Renumbered as Criminal Law § 3-322 by Acts 2002, c. 278, § 1, eff. Oct. 1, 2002.