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Missouri

Vernon's Annotated Missouri Statute. Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders. Chapter 578. Miscellaneous Offenses. Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders. Chapter 566. Sexual Offenses. 566.111. Unlawful sex with an animal, crime, penalty

Statute Details
Printable Version
Citation: MO ST 578.005 - 188; MO ST 566.111

Citation: V. A. M. S. 578.005 - 188; V.A.M.S. 566.111


Last Checked by Web Center Staff: 01/2013

Summary:   These Missouri statutes comprise the state's anti-cruelty laws.  The term "animal" means every living vertebrate except a human being.  The provisions of sections 578.005 to 578.023 do not apply to the care or treatment performed by a licensed veterinarian, bona fide scientific experiments, hunting, fishing, or trapping, publicly funded zoological parks, rodeo practices, the killing of an animal by the owner, the lawful, humane killing of an animal by an animal control officer, the operator of an animal shelter, a veterinarian, or law enforcement or health official, normal or accepted practices of animal husbandry, the killing of an animal by any person at any time if such animal is outside of the property of the owner or if such animal is injuring any person or farm animal, the killing of house or garden pests, or field trials, training and hunting practices as accepted by the Professional Houndsmen of Missouri.  Interesting, Missouri has a unique felony provision for "agroterrorism," which occurs when a person purposely spreads any type of contagious, communicable or infectious disease among crops, poultry, livestock.  A person is guilty of animal neglect when he or she has custody or ownership or an animal and fails to provide adequate care, which results in substantial harm to the animal.  A person is guilty of abandonment when he or she has knowingly abandoned an animal in any place without making provisions for its adequate care.  Animal neglect and abandonment is a class C misdemeanor upon first conviction with enhancement to a class B misdemeanor for subsequent convictions.  A person is guilty of animal abuse when a person intentionally or purposely kills an animal in any manner not allowed by law, purposely or intentionally causes injury or suffering to an animal, or, having ownership or custody of an animal, knowingly fails to provide adequate care or control.  Animal abuse is a class A misdemeanor, unless the defendant has previously been found guilty of animal abuse or the act is the result of torture or mutilation, in which case it is a class D felony.  Other prohibitions include dogfighting, the keeping of certain unregistered wild animals, cockfighting, bullbaiting, and bear wrestling.


Statute in Full:

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders.  Chapter 578. Miscellaneous Offenses.

Definitions

578.005. Definitions

Exemptions

578.007. Acts and facilities to which sections 578.005 to 578.023 do not apply

"Agroterrorism" Provision

578.008. Agroterrorism, crime of-penalty-defenses

Neglect and Abandonment

578.009. Animal neglect or abandonment--penalties--costs and expenses

578.010. Transferred to § 574.075

Animal Abuse

578.012. Animal abuse—penalties

578.014. Responsibility of parent or guardian of minor owning

Impoundment and Seizure Provisions

578.016. Impoundment of animal found off property of owner or custodian, disposition, procedure-liability of owner or custodian for costs-lien-rights of owner or custodian

578.018. Warrant for entry on private property to inspect-impoundment of animals, disposition

578.020. Transferred to § 578.150

578.021. Neglected or abused animal not to be returned to owner or custodian, when

Dangerous Animal Provisions

578.022. Law enforcement dogs, exempt from certain laws, when

578.023. Keeper of dangerous wild animals must register animals, exceptions—penalty

578.024. Subsequent dog bites, liability of owner, penalty-exceptions

Animal Fighting Provisions (see also 578.173 et seq below)

578.025. Dogs, fighting, training to fight or injuring for amusement or gain, penalty--spectator, penalty

578.027. Dogs pursuing live animal propelled by device, causing, penalty

Miscellaneous Provisions

578.028. Removal of certain collars from dogs with intent to prevent or hinder locating the dog, restitution required

578.029. Knowingly releasing an animal, crime of-penalty

578.030. State highway patrol and other law enforcement officers, powers and duties to enforce animal protection

578.050. Bullbaiting and cockfighting—penalty

578.055, 578.060. Repealed by L.1983, S.B. No. 211, p. 234, § A

[578.075 – 150 omitted because not related to animals]

Interference Provisions (Hunter Harassment)

578.151. Legislative intent--interference with lawful hunting, fishing or trapping in the first degree—penalty

578.152. Interference with lawful hunting, fishing or trapping in the second degree—penalty

578.153. Peace officer's and conservations agent’s powers to enforce-failure to obey peace officer or conservation agent, penalty

[578.154 – 155 omitted because not related to animals]

Animal Fighting, Baiting, and Wrestling Provisions

578.170. Definitions

578.173. Baiting or fighting animals—penalty

578.176. Bear wrestling—penalty

578.179. Procedure

578.182. Exemptions

578.185. Injunction

578.188. Severability

[578.200 – 310 omitted because not related to animals.]

Bestiality Provision

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders. Chapter 566. Sexual Offenses.

566.111. Unlawful sex with an animal, crime, penalty

 

 

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders.  Chapter 578. Miscellaneous Offenses.

578.005. Definitions

As used in sections 578.005 to 578.023, the following terms shall mean:

(1) "Adequate care", normal and prudent attention to the needs of an animal, including wholesome food, clean water, shelter and health care as necessary to maintain good health in a specific species of animal;

(2) "Adequate control", to reasonably restrain or govern an animal so that the animal does not injure itself, any person, any other animal, or property;

(3) "Animal", every living vertebrate except a human being;

(4) "Animal shelter", a facility which is used to house or contain animals and which is owned, operated, or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other not-for-profit organization devoted to the welfare, protection, and humane treatment of animals;

(5) "Farm animal", an animal raised on a farm or ranch and used or intended for use in farm or ranch production, or as food or fiber;

(6) "Harbor", to feed or shelter an animal at the same location for three or more consecutive days;

(7) "Humane killing", the destruction of an animal accomplished by a method approved by the American Veterinary Medical Association's Panel on Euthanasia (JAVMA 173: 59-72, 1978); or more recent editions, but animals killed during the feeding of pet carnivores shall be considered humanely killed;

(8) "Owner", in addition to its ordinary meaning, any person who keeps or harbors an animal or professes to be owning, keeping, or harboring an animal;

(9) "Person", any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity;

(10) "Pests", birds, rabbits, or rodents which damage property or have an adverse effect on the public health, but shall not include any endangered species listed by the United States Department of the Interior nor any endangered species listed in the Wildlife Code of Missouri.

CREDIT(S)

(L.1983, S.B. No. 211, p. 934, § A(§ 1).)

 

578.007. Acts and facilities to which sections 578.005 to 578.023 do not apply

The provisions of sections 578.005 to 578.023 shall not apply to:

(1) Care or treatment performed by a licensed veterinarian within the provisions of chapter 340, RSMo;

(2) Bona fide scientific experiments;

(3) Hunting, fishing, or trapping as allowed by chapter 252, RSMo, including all practices and privileges as allowed under the Missouri Wildlife Code;

(4) Facilities and publicly funded zoological parks currently in compliance with the federal "Animal Welfare Act" as amended;

(5) Rodeo practices currently accepted by the Professional Rodeo Cowboy's Association;

(6) The killing of an animal by the owner thereof, the agent of such owner, or by a veterinarian at the request of the owner thereof;

(7) The lawful, humane killing of an animal by an animal control officer, the operator of an animal shelter, a veterinarian, or law enforcement or health official;

(8) With respect to farm animals, normal or accepted practices of animal husbandry;

(9) The killing of an animal by any person at any time if such animal is outside of the owned or rented property of the owner or custodian of such animal and the animal is injuring any person or farm animal but shall not include police or guard dogs while working;

(10) The killing of house or garden pests; or

(11) Field trials, training and hunting practices as accepted by the Professional Houndsmen of Missouri.

CREDIT(S)

(L.1983, S.B. No. 211, p. 935, § A(§ 2).)

 

578.008. Agroterrorism, crime of--penalty--defenses

1. A person commits the crime of agroterrorism if such person purposely spreads any type of contagious, communicable or infectious disease among crops, poultry, livestock as defined in section 267.565, RSMo, or other animals.

2. Agroterrorism is a class D felony unless the damage to crops, poultry, livestock or animals is ten million dollars or more in which case it is a class B felony.

3. It shall be a defense to the crime of agroterrorism if such spreading is consistent with medically recognized therapeutic procedures or done in the course of legitimate, professional scientific research.

CREDIT(S)

(L.2001, S.B. No. 462, § A. Amended by L.2002, S.B. No. 712, § A.)

 

578.009. Animal neglect and abandonment--penalties

1. A person is guilty of animal neglect when he has custody or ownership or both of an animal and fails to provide adequate care or adequate control, which results in substantial harm to the animal.

2. A person is guilty of abandonment when he has knowingly abandoned an animal in any place without making provisions for its adequate care.

3. Animal neglect and abandonment is a class C misdemeanor upon first conviction and for each offense, punishable by imprisonment or a fine not to exceed five hundred dollars, or both, and a class B misdemeanor punishable by imprisonment or a fine not to exceed one thousand dollars, or both upon the second and all subsequent convictions. All fines and penalties for a first conviction of animal neglect or abandonment may be waived by the court provided that the person found guilty of animal neglect or abandonment shows that adequate, permanent remedies for the neglect or abandonment have been made. Reasonable costs incurred for the care and maintenance of neglected or abandoned animals may not be waived. This section shall not apply to the provisions of section 578.007.

4. In addition to any other penalty imposed by this section, the court may order a person found guilty of animal neglect or abandonment to pay all reasonable costs and expenses necessary for:

(1) The care and maintenance of neglected or abandoned animals within the person's custody or ownership;

(2) The disposal of any dead or diseased animals within the person's custody or ownership;

(3) The reduction of resulting organic debris affecting the immediate area of the neglect or abandonment; and

(4) The avoidance or minimization of any public health risks created by the neglect or abandonment of the animals.

CREDIT(S)

(L.1983, S.B. No. 211, p. 935, § A(§ 3). Amended by L.1994, S.B. No. 545, § A; L.1998, S.B. No. 596, § A.)

 

578.010. Transferred to § 574.075

 

578.012. Animal abuse--penalties

1. A person is guilty of animal abuse when a person:

(1) Intentionally or purposely kills an animal in any manner not allowed by or expressly exempted from the provisions of sections 578.005 to 578.023 and 273.030, RSMo;

(2) Purposely or intentionally causes injury or suffering to an animal; or

(3) Having ownership or custody of an animal knowingly fails to provide adequate care or adequate control.

2. Animal abuse is a class A misdemeanor, unless the defendant has previously plead guilty to or has been found guilty of animal abuse or the suffering involved in subdivision (2) of subsection 1 of this section is the result of torture or mutilation, or both, consciously inflicted while the animal was alive, in which case it is a class D felony.

(L.1983, S.B. No. 211, p. 935, § A(§ 4). Amended by L.1994, S.B. No. 545, § A; L.1996, S.B. No. 491, § A; L.2001, S.B. No. 462, § A.)

 

578.014. Responsibility of parent or guardian of minor owning

The parent or guardian of a minor child is responsible for the adequate care of any animal owned by, in the control of, or harbored by that minor child.

CREDIT(S)

(L.1983, S.B. No. 211, p. 936, § A(§ 5).)

 

578.016. Impoundment of animal found off property of owner or custodian, disposition, procedure--liability of owner or custodian for costs--lien--rights of owner or custodian

1. Any duly authorized public health official, law enforcement official, or animal control officer may impound any animal found outside of the owned or rented property of the owner or custodian of such animal when such animal shows evidence of neglect or abuse. Any animal impounded pursuant to this section shall be:

(1) If the owner can be ascertained and the animal is not diseased or disabled beyond recovery for any useful purpose, held for recovery by the owner. The owner shall be notified within five business days of impoundment by phone or by mail of the animal's location and recovery procedures. The animal shall be held for ten business days. An animal unclaimed after ten business days may be put up for adoption or humanely killed;

(2) Placed in the care or custody of a veterinarian, the appropriate animal control authority or animal shelter. The animal shall not be disposed of, unless diseased or disabled beyond recovery for any useful purpose, until after expiration of a minimum of five business days, during which time the public shall have clear access to inspect or recover the animal through time periods ordinarily accepted as usual business hours. After five business days, the animal may be put up for adoption or humanely killed; or

(3) If diseased or disabled beyond recovery for any useful purpose as determined by a public health official, law enforcement official, veterinarian or animal control officer, humanely killed.

2. The owner or custodian of an animal impounded pursuant to this section shall be liable for reasonable costs for the care and maintenance of the animal. Any person incurring reasonable costs for the care and maintenance of such animal shall have a lien against such animal until the reasonable costs have been paid and may put up for adoption or humanely kill any animal if such costs are not paid within ten days after demand. Any moneys received for an animal adopted pursuant to this subsection in excess of costs shall be paid to the owner of such animal.

3. The owner or custodian of any animal killed pursuant to this section shall be entitled to recover the actual value of the animal up to but not to exceed six hundred dollars if the owner or custodian shows that such killing was unwarranted.

CREDIT(S)

(L.1983, S.B. No. 211, p. 936, § A(§ 6).)

 

578.018. Warrant for entry on private property to inspect--impoundment of animals, disposition

1. Any duly authorized public health official or law enforcement official may seek a warrant from the appropriate court to enable him to enter private property in order to inspect, care for, or impound neglected or abused animals. All requests for such warrants shall be accompanied by an affidavit stating the probable cause to believe a violation of sections 578.005 to 578.023 has occurred. A person acting under the authority of a warrant shall:

(1) Be given a disposition hearing before the court through which the warrant was issued, within thirty days of the filing of the request for the purpose of granting immediate disposition of the animals impounded;

(2) Place impounded animals in the care or custody of a veterinarian, the appropriate animal control authority, or an animal shelter. If no appropriate veterinarian, animal control authority, or animal shelter is available, the animal shall not be impounded unless it is diseased or disabled beyond recovery for any useful purpose;

(3) Humanely kill any animal impounded if it is determined by a licensed veterinarian that the animal is diseased or disabled beyond recovery for any useful purpose;

(4) Not be liable for any necessary damage to property while acting under such warrant.

2. The owner or custodian or any person claiming an interest in any animal that has been impounded because of neglect or abuse may prevent disposition of the animal by posting bond or security in an amount sufficient to provide for the animal's care and keeping for at least thirty days, inclusive of the date on which the animal was taken into custody. Notwithstanding the fact that bond may be posted pursuant to this subsection, the authority having custody of the animal may humanely dispose of the animal at the end of the time for which expenses are covered by the bond or security, unless there is a court order prohibiting such disposition. Such order shall provide for a bond or other security in the amount necessary to protect the authority having custody of the animal from any cost of the care, keeping or disposal of the animal. The authority taking custody of an animal shall give notice of the provisions of this section by posting a copy of this section at the place where the animal was taken into custody or by delivering it to a person residing on the property.

3. The owner or custodian of any animal humanely killed pursuant to this section shall not be entitled to recover any damages related to nor the actual value of the animal if the animal was found by a licensed veterinarian to be diseased or disabled, or if the owner or custodian failed to post bond or security for the care, keeping and disposition of the animal after being notified of impoundment.

CREDIT(S)

(L.1983, S.B. No. 211, p. 936, § A(§ 7). Amended by L.1993, S.B. No. 180, § A.)


 

578.020. Transferred to § 578.150

 

578.021. Neglected or abused animal not to be returned to owner or custodian, when

If a person is adjudicated guilty of the crime of animal neglect or animal abuse and the court having jurisdiction is satisfied that an animal owned or controlled by such person would in the future be subject to such neglect or abuse, such animal shall not be returned to or allowed to remain with such person, but its disposition shall be determined by the court.

CREDIT(S)

(L.1983, S.B. No. 211, p. 937, § A(§ 8).)

 

578.022. Law enforcement dogs, exempt from certain laws, when

Any dog that is owned, or the service of which is employed, by a law enforcement agency and that bites another animal or human in the course of their official duties is exempt from the provisions of sections 273.033 and 273.036, RSMo, and section 578.024.

CREDIT(S)

(L.2009, H.B. No. 62, § A.)

 

578.023. Keeper of dangerous wild animals must register animals, exceptions--penalty

1. No person may keep any lion, tiger, leopard, ocelot, jaguar, cheetah, margay, mountain lion, Canada lynx, bobcat, jaguarundi, hyena, wolf, bear, nonhuman primate, coyote, any deadly, dangerous, or poisonous reptile, or any deadly or dangerous reptile over eight feet long, in any place other than a properly maintained zoological park, circus, scientific, or educational institution, research laboratory, veterinary hospital, or animal refuge, unless such person has registered such animals with the local law enforcement agency in the county in which the animal is kept.

2. Any person violating the provisions of this section shall be guilty of a class C misdemeanor.

CREDIT(S)

(L.1983, S.B. No. 211, p. 937, § A(§ 9). Amended by L.2001, S.B. No. 462, § A.)

 

578.024. Subsequent dog bites, liability of owner, penalty--exceptions

1. If a dog that has previously bitten a person or a domestic animal without provocation bites any person on a subsequent occasion, the owner or possessor is guilty of a class B misdemeanor unless such attack:

(1) Results in serious injury to any person, in which case, the owner or possessor is guilty of a class A misdemeanor; or

(2) Results in serious injury to any person and any previous attack also resulted in serious injury to any person, in which case, the owner or possessor is guilty of a class D felony; or

(3) Results in the death of any person, in which case, the owner or possessor shall be guilty of a class C felony.

2. In addition to the penalty included in subsection 1 of this section, if any dog that has previously bitten a person or a domestic animal without provocation bites any person on a subsequent occasion or if a dog that has not previously bitten a person attacks and causes serious injury to or the death of any human, the dog shall be seized immediately by an animal control authority or by the county sheriff. The dog shall be impounded and held for ten business days after the owner or possessor is given written notification and thereafter destroyed.

3. The owner or possessor of the dog that has been impounded may file a written appeal to the circuit court to contest the impoundment and destruction of such dog. The owner or possessor shall provide notice of the filing of the appeal to the animal control authority or county sheriff who seized the dog. If the owner or possessor files such an appeal and provides proper notice, the dog shall remain impounded and shall not be destroyed while such appeal is pending and until the court issues an order for the destruction of the dog. The court shall hold a disposition hearing within thirty days of the filing of the appeal to determine whether such dog shall be humanely destroyed. The court may order the owner or possessor of the dog to pay the costs associated with the animal's keeping and care during the pending appeal.

4. Notwithstanding any provision of sections 273.033 and 273.036, RSMo, section 578.022 and this section to the contrary, if a dog attacks or bites a person who is engaged in or attempting to engage in a criminal activity at the time of the attack, the owner or possessor is not guilty of any crime specified under this section or section 273.036, RSMo, and is not civilly liable under this section or section 273.036, RSMo, nor shall such dog be destroyed as provided in subsection 2 of this section, nor shall such person engaged in or attempting to engage in a criminal activity at the time of the attack be entitled to the defenses set forth in section 273.033, RSMo. For purposes of this section “criminal activity” shall not include the act of trespass upon private property under section 569.150, RSMo, as long as the trespasser does not otherwise engage in, attempt to engage in, or have intent to engage in other criminal activity nor shall it include any trespass upon private property by a person under the age of twelve under section 569.140, RSMo.

CREDIT(S)

(L.2009, H.B. No. 62, § A.)

 

578.025. Dogs, fighting, training to fight or injuring for amusement or gain, penalty--spectator, penalty

1. Any person who:

(1) Owns, possesses, keeps, or trains any dog, with the intent that such dog shall be engaged in an exhibition of fighting with another dog;

(2) For amusement or gain, causes any dog to fight with another dog, or causes any dogs to injure each other; or

(3) Permits any act as described in subdivision (1) or (2) of this subsection to be done on any premises under his charge or control, or aids or abets any such act is guilty of a class D felony.

2. Any person who is knowingly present, as a spectator, at any place, building, or structure where preparations are being made for an exhibition of the fighting of dogs, with the intent to be present at such preparations, or is knowingly present at such exhibition or at any other fighting or injuring as described in subdivision (2) of subsection 1 of this section, with the intent to be present at such exhibition, fighting, or injuring is guilty of a class A misdemeanor.

3. Nothing in this section shall be construed to prohibit:

(1) The use of dogs in the management of livestock by the owner of such livestock or his employees or agents or other persons in lawful custody of such livestock;

(2) The use of dogs in hunting; or

(3) The training of dogs or the use of equipment in the training of dogs for any purpose not prohibited by law.

CREDIT(S)

(L.1984, H.B. No. 1210, p. 759, § 1.)

 

578.027. Dogs pursuing live animal propelled by device, causing, penalty

1. No person shall tie or 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.

2. Any person violating this section is guilty of a class A misdemeanor.

CREDIT(S)

(L.1984, H.B. No. 1210, p. 759, § 3.)

 

578.028. Removal of certain collars from dogs with intent to prevent or hinder locating the dog, restitution required

Any person who removes an electronic or radio transmitting collar from a dog without the permission of the owner of the dog with the intent to prevent or hinder the owner from locating the dog, is guilty of a class A misdemeanor. Upon a plea or finding of guilt, the court shall order that the defendant pay as restitution the actual value of any dog lost or killed as a result of such removal. The court may also order restitution to the owner for any lost breeding revenues.

CREDIT(S)

(L.2009, H.B. No. 62, § A.)

 

578.029. Knowingly releasing an animal, crime of--penalty

1. A person commits the crime of knowingly releasing an animal if that person, acting without the consent of the owner or custodian of an animal, intentionally releases any animal that is lawfully confined for the purpose of companionship or protection of persons or property or for recreation, exhibition or educational purposes.

2. As used in this section "animal" means every living creature, domesticated or wild, but not including Homo sapiens.

3. The provisions of this section shall not apply to a public servant acting in the course of such servant's official duties.

4. Intentionally releasing an animal is a class B misdemeanor except that the second or any subsequent offense is a class D felony.

CREDIT(S)

(L.2001, S.B. No. 462, § A.)

 

578.030. State highway patrol and other law enforcement officers, powers and duties to enforce animal protection

1. The provisions of section 43.200, RSMo, notwithstanding, any member of the state highway patrol or other law enforcement officer may apply for and serve a search warrant, and shall have the power of search and seizure in order to enforce the provisions of sections 578.025 to 578.050.

2. Any member of the state highway patrol or other law enforcement officer making an arrest under section 578.025 shall lawfully take possession of all dogs or other animals and all paraphernalia, implements, or other property or things used or employed, or about to be employed, in the violation of any of the provisions of section 578.025. Such officer, after taking possession of such dogs, animals, paraphernalia, implements or other property or things, shall file with the court before whom the complaint is made against any person so arrested an affidavit stating therein the name of the person charged in such complaint, a description of the property so taken and the time and place of the taking thereof together with the name of the person from whom the same was taken and the name of the person who claims to own such property, if known, and that the affiant has reason to believe and does believe, stating the ground of such belief, that the property so taken was used or employed, or was about to be used or employed, in such violation of section 578.025. He shall thereupon deliver the property so taken to the court, which shall, by order in writing, place the same in the custody of an officer or other proper person named and designated in such order, to be kept by him until the conviction or final discharge of such person complained against, and shall send a copy of such order without delay to the prosecuting attorney of the county. The officer or person so named and designated in such order shall immediately thereupon assume the custody of such property and shall retain the same, subject to the order of the court before which such person so complained against may be required to appear for trial. Upon the conviction of the person so charged, all property so seized shall be adjudged by the court to be forfeited and shall thereupon be destroyed or otherwise disposed of as the court may order. In the event of the acquittal or final discharge without conviction of the person so charged, such court shall, on demand, direct the delivery of such property so held in custody to the owner thereof.

CREDIT(S)

(L.1984, H.B. No. 1210, p. 759, §§ 2, 4.)

 

578.050. Bullbaiting and cockfighting--penalty

Any person who shall keep or use, or in any way be connected with or interested in the management of, or shall receive money for the admission of any person to, any place kept or used for the purpose of fighting or baiting any bull, bear, cock or other creature, except dogs, and any person who shall encourage, aid or assist or be present thereat, or who shall permit or suffer any place belonging to him or under his control to be so kept or used, shall, on conviction thereof, be guilty of a class A misdemeanor.

CREDIT(S)

(R.S.1939, § 4789. Amended by L.1984, H.B. No. 1210, p. 759, § 1.)

 

578.055, 578.060. Repealed by L.1983, S.B. No. 211, p. 234, § A

 

578.055, 578.060. Repealed by L.1983, S.B. No. 211, p. 234, § A

 

[578.075 – 150 omitted because not related to animals]

 

578.151. Interference with lawful hunting, fishing or trapping in the first degree--penalty

1. It is the intent of the general assembly of the state of Missouri to recognize that all persons shall have the right to hunt, fish and trap in this state in accordance with law and the rules and regulations made by the commission as established in article IV of the Constitution of Missouri.

2. Any person who intentionally interferes with the lawful taking of wildlife by another is guilty of the crime of interference with lawful hunting, fishing or trapping in the first degree.

3. It shall be considered a violation of this section to intentionally harass, drive, or disturb any game animal or fish for the purpose of disrupting lawful hunting, fishing or trapping.

4. Interference with lawful hunting, fishing or trapping in the first degree is a class A misdemeanor.

CREDIT(S)

(L.1988, S.B. Nos. 434 & 435, § 1. Amended by L.1997, H.B. No. 304, § A.)

 

578.152. Interference with lawful hunting, fishing or trapping in the second degree--penalty

1. Any person who enters or remains in a hunting, fishing or trapping area where lawful hunting, fishing or trapping may occur with the intent to interfere with the lawful taking of wildlife is guilty of the crime of interference with lawful hunting, fishing or trapping in the second degree.

2. Interference with lawful hunting, fishing or trapping in the second degree is a class B misdemeanor.

CREDIT(S)

(L.1988, S.B. Nos. 434 & 435, § 2. Amended by L.1997, H.B. No. 304, § A.)

 

578.153. Peace officer's and conservations agent’s powers to enforce--failure to obey peace officer or conservation agent, penalty

1. A peace officer as defined by chapter 590, RSMo, who reasonably believes that a person has violated section 578.151 or 578.152 may order the person to desist. Failure to obey the order of a peace officer to desist from conduct in violation of sections 578.151 and 578.152 shall be a class A misdemeanor.

2. Any law enforcement officer shall and any agent of the conservation commission may enforce the provisions of sections 578.151, 578.152 and this section and arrest violators of such sections.

3. The conduct declared unlawful by sections 578.151 and 578.152 shall not include any lawful activity by the landowner or persons in lawful possession of the land.

CREDIT(S)

(L.1988, S.B. Nos. 434 & 435, § 3. Amended by L.1997, H.B. No. 304, § A.)

 

[578.154 – 155 omitted because not related to animals]

 

578.170. Definitions

As used in sections 578.170 to 578.188, the following terms mean:

(1) "Animal," every living vertebrate except a human being;

(2) "Baiting," to attack, provoke, or harass an animal with one or more animals for the purpose of training an animal for, or to cause an animal to engage in, fights with other animals for the purpose of amusement, entertainment, wagering or gain;

(3) "Bear wrestling," a contest of fighting or physical altercation between one or more persons and a bear for the purpose of amusement, entertainment, wagering or gain;

(4) "Person," any individual, partnership, firm, joint stock company, corporation, association, other business unit, society, trust, estate or other legal entity, or any public or private institution.

CREDIT(S)

(L.1998, Proposition A approved by voters, Nov. 3, 1998, eff. Dec. 3, 1998.)

 

578.173. Baiting or fighting animals--penalty

1. Any person who commits any of the following acts is guilty of a class D felony:

(1) Baiting or fighting animals;

(2) Permitting baiting or animal fighting to be done on any premises under his charge or control;

(3) Promoting, conducting, or staging a baiting or fight between two or more animals;

(4) Advertising a baiting or fight between two or more animals;

(5) Collecting any admission fee for a baiting or fight between two or more animals.

2. Any person who commits any of the following acts is guilty of a class A misdemeanor:

(1) Knowingly attending the baiting or fighting of animals;

(2) Knowingly selling, offering for sale, shipping, or transporting any animal which has been bred or trained to bait or fight another animal;

(3) Owning or possessing any of the cockfighting implements, commonly known as gaffs and slashers, or any other sharp implement designed to be attached to the leg of a gamecock;

(4) Manufacturing, selling, bartering or exchanging any of the cockfighting implements, commonly known as gaffs and slashers, or any other sharp implement designed to be attached to the leg of a gamecock.

CREDIT(S)

(L.1998, Proposition A approved by voters, Nov. 3, 1998, eff. Dec. 3, 1998.)

 

578.176. Bear wrestling--penalty

Any person who commits any of the following acts is guilty of a class A misdemeanor:

(1) Bear wrestling;

(2) Permitting bear wrestling to be done on any premises under his charge or control;

(3) Promoting, conducting, or staging bear wrestling;

(4) Advertising bear wrestling;

(5) Collecting any admission fee for bear wrestling;

(6) Purchasing, selling, or possessing a bear which he knows will be used for bear wrestling;

(7) Training a bear for bear wrestling;

(8) Subjecting a bear to surgical alteration for bear wrestling.

CREDIT(S)

(L.1998, Proposition A approved by voters, Nov. 3, 1998, eff. Dec. 3, 1998.)

 

578.179. Seizure and disposition of animals

Whenever an indictment is returned or a complaint is filed alleging a violation of section 578.173 or 578.176 and, in the case of a complaint, a magistrate finds probable cause that a violation has occurred, the court shall order the animals seized and shall provide for appropriate and humane care or disposition of the animals pursuant to section 578.018. This provision shall not be construed as a limitation on the power to seize animals as evidence at the time of arrest.

CREDIT(S)

(L.1998, Proposition A approved by voters, Nov. 3, 1998, eff. Dec. 3, 1998.)

 

578.182. Exemptions

1. The provisions of sections 578.173 and 578.176 shall not apply to:

(1) Any person simulating a fight for the purpose of using the simulated fight as part of a motion picture production or a motion picture production for television, provided sections 578.009 and 578.012 are not violated;

(2) Any person selling, offering for sale, shipping, transporting or using any animal, for the sole purpose of tracking, pursuing or taking wildlife, or to participate in any hunting, fishing or any other activity regulated by the Missouri wildlife code;

(3) Any person using animals to herd, work or identify livestock for agricultural purposes according to recognized animal husbandry.

2. Nothing in the provisions of sections 578.170, 578.173, and 578.176 shall be construed to:

(1) Prohibit breeding, rearing or slaughtering poultry pursuant to the provisions of chapters 196, 262, 265, 276 and 277, RSMo;

(2) Prohibit breeding or rearing game fowl when the game fowl are not intended for use in violation of the provisions of sections 578.170, 578.173 or 578.176;

(3) Prohibit professional or amateur rodeo practices, and skill events when the practices and skill events are not intended for use in violation of the provisions of sections 578.170, 578.173 and 578.176.

CREDIT(S)

(L.1998, Proposition A approved by voters, Nov. 3, 1998, eff. Dec. 3, 1998. Amended by L.1999, H.B. No. 79, § A, eff. July 1, 1999.)

 

578.185. Injunction

A court of competent jurisdiction may enjoin a person from a continuing violation of section 578.173 or 578.176.

CREDIT(S)

(L.1998, Proposition A approved by voters, Nov. 3, 1998, eff. Dec. 3, 1998.)

 

578.188. Severability

The provisions of sections 578.170, 578.173, 578.176, 578.179, 578.182, and 578.185 are hereby declared to be severable. If any of these provisions, or the application of any of these provisions to any person or circumstance, is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of these sections.

CREDIT(S)

(L.1998, Proposition A approved by voters, Nov. 3, 1998, eff. Dec. 3, 1998.)

 

[578.200 – 310 omitted because not related to animals.]

 

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders. Chapter 566. Sexual Offenses.

566.111. Unlawful sex with an animal, crime, penalty

1. A person commits the crime of unlawful sex with an animal if that person engages in sexual conduct with an animal or engages in sexual conduct with an animal for commercial or recreational purposes.

2. Unlawful sex with an animal is a class A misdemeanor unless the defendant has previously been convicted under this section, in which case the crime is a class D felony.

3. In addition to any penalty imposed or as a condition of probation the court may:

(1) Prohibit the defendant from harboring animals or residing in any household where animals are present during the period of probation or if probation is not granted for a period of time not to exceed two years after the defendant's sentence is completed;

(2) Order all animals in the defendant's possession subject to a civil forfeiture action under chapter 513, RSMo; or

(3) Order psychological evaluation and counseling of the defendant at the defendant's expense.

4. Nothing in this section shall be construed to prohibit generally accepted animal husbandry, farming and ranching practices or generally accepted veterinary medical practices.

5. For purposes of this section, the following terms mean:

(1) "Animal", every creature, either alive or dead, other than a human being;

(2) "Sexual conduct with an animal", any touching of an animal with the genitals or any touching of the genitals or anus of an animal for the purpose of arousing or gratifying the person's sexual desire.

CREDIT(S)

(L.2002, S.B. Nos. 969, 673 & 855, § A.)

 



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