Statutes / Laws

Navigation

Full Site Search

Loading...

The navigation select boxes below will direct you to the selected page when you hit enter.

Topical Explanations

Primary Legal Materials

Select by Subject

Select by Species

Select Administrative Topic


World Law

Secondary Legal Materials

Great Apes and the Law

Great Apes and the Law

Maps of State Laws

Map of USA
Share |
Montana

West's Montana Code Annotated. Title 45. Crimes. Chapter 8. Offenses Against Public Order. Part 2. Offensive, Indecent, and Inhumane Conduct. Title 7. Local Government. Chapter 23. Domestic Animal Control and Protection. Part 41. Municipal Control and Protection of Domestic Animals

Statute Details
Printable Version
Citation: MT ST 45-8-209 to 45-8-211;45-8- 217; 7-23-4104; 45-5-505

Citation: MCA 45-8-209 to 45-8-211;45-8- 217; 7-23-4104; 45-5-505


Last Checked by Web Center Staff: 01/2013

Summary:   This section comprises Montana's anti-cruelty and dogfighting laws.  A person commits the offense of cruelty to animals if he or she knowingly or negligently subjects an animal to mistreatment or neglect; fails to provide an animal in the person's custody with food and water of sufficient quantity or minimum protection for the animal from adverse weather conditions; or, in cases of immediate, obvious, serious illness or injury, fails to provide licensed veterinary or other appropriate medical care. This section does not prohibit a person humanely destroying an animal for just cause or the use of commonly accepted agricultural and livestock practices on livestock (among other things). Section 217 defines aggravated cruelty as either knowingly or purposely killing or inflicting cruelty to an animal with the purpose of terrifying, torturing, or mutilating the animal, or inflicting cruelty to animals on a collection, kennel, or herd of 10 or more animals.


Statute in Full:

Title 45. Crimes. Chapter 8. Offenses Against Public Order. Part 2. Offensive, Indecent, and Inhumane Conduct.

45-8-209. Harming a police dog -- penalty -- definition
 
45-8-210. Causing animals to fight -- owners, trainers, and spectators -- penalties -- exception -- definition
 
45-8-211. Cruelty to animals -- exceptions
 
45-8-217. Aggravated animal cruelty
 
Title 7. Local Government. Chapter 23. Domestic Animal Control and Protection. Part 41. Municipal Control and Protection of Domestic Animals

7-23-4104. Cruelty to animals

Title 45. Crimes. Chapter 5. Offenses Against the Person. Part 5. Sexual Crimes

45-5-505. Deviate sexual conduct

 

Title 45. Crimes. Chapter 8. Offenses Against Public Order. Part 2. Offensive, Indecent, and Inhumane Conduct.

45-8-209. Harming a police dog -- penalty -- definition
 
(1) A person commits the offense of harming a police dog if the person purposely or knowingly shoots, kills, or otherwise injures a police dog being used by a:
 
(a) law enforcement officer in discharging or attempting to discharge a legal duty in a reasonable and proper manner; or

(b) person while the person is under the control of and acting under the direction of an officer of an official law enforcement agency during the performance of the agency's law enforcement or search and rescue duties.

(2) A person convicted of the offense of harming a police dog may be fined an amount not to exceed $5,000 or be imprisoned in the state prison for a term not to exceed 1 year, or both.

(3) As used in this section, the following definitions apply:

(a) "Law enforcement officer" means a person who is a peace officer, as defined in 46-1-202, or any other agent of a criminal justice agency.

(b) "Police dog" means a dog that is:

(i) used by a law enforcement agency, as defined in 44-11-303, in the exercise of its authority;

(ii) specifically trained for law enforcement or search and rescue work; and

(iii) under the control of a law enforcement officer.

History: En. Secs. 1, 2, Ch. 536, L. 1985; amd. Sec. 1, Ch. 258, L. 1989; amd. Sec. 258, Ch. 800, L. 1991; amd. Sec. 1, Ch. 63, L. 1997.
 

45-8-210. Causing animals to fight -- owners, trainers, and spectators -- penalties -- exception -- definition

 
(1) A person commits the offense of causing animals to fight if the person:

(a) owns, possesses, keeps, or trains any animal with the intent that the animal fight or be engaged in an exhibition of fighting with another animal;

(b) allows or causes any animal to fight with another animal or causes any animal to menace or injure another animal for the purpose of sport, amusement, or gain;

(c) knowingly permits any act in violation of subsection (1)(a) or (1)(b) to take place on any premises under the person's charge or control or aids or abets any act described in subsection (1)(a) or (1)(b);

(d) participates in any exhibition in which animals are fighting for the purpose of sport, amusement, or gain.

(2) A person convicted of violating this section is guilty of a felony and shall be fined an amount not to exceed $5,000 or be imprisoned in the state prison for a term of not less than 1 year or more than 5 years, or both.

(3) Nothing in this section prohibits the following:

(a) accepted husbandry practices used in the raising of livestock or poultry;

(b) the use of animals in the normal and usual course of rodeo events; or

(c) the use of animals in hunting and training as permitted by law.

(4) For purposes of this section, “animal” means any cock, bird, dog, or mammal except a human.

CREDIT(S)
Enacted by Laws 1985, ch. 410, §§ 2, 3. Amended by Laws 2009, ch. 56, § 1705, eff. Oct. 1, 2009.

HISTORICAL AND STATUTORY NOTES
 
Laws 2009, ch. 56, amended this section to provide gender neutral language and conform to current bill drafting standards.

 

45-8-211. Cruelty to animals -- exceptions

 (1) A person commits the offense of cruelty to animals if, without justification, the person knowingly or negligently subjects an animal to mistreatment or neglect by:

     (a) overworking, beating, tormenting, torturing, injuring, or killing the animal;

     (b) carrying or confining the animal in a cruel manner;

     (c) failing to provide an animal in the person's custody with:

     (i) food and water of sufficient quantity and quality to sustain the animal's normal health;

     (ii) minimum protection for the animal from adverse weather conditions, with consideration given to the species;

     (iii) in cases of immediate, obvious, serious illness or injury, licensed veterinary or other appropriate medical care;

     (d) abandoning any helpless animal or abandoning any animal on any highway, railroad, or in any other place where it may suffer injury, hunger, or exposure or become a public charge; or

     (e) promoting, sponsoring, conducting, or participating in an animal race of more than 2 miles, except a sanctioned endurance race.

(2) (a) A person convicted of the offense of cruelty to animals shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed 1 year, or both. A person convicted of a second or subsequent offense of cruelty to animals or of a first or subsequent offense of aggravated animal cruelty shall be fined an amount not to exceed $2,500 or be sentenced to the department of corrections for a term not to exceed 2 years, or both.

(b) If the convicted person is the owner, the person may be required to forfeit any animal affected to the county in which the person is convicted. This provision does not affect the interest of any secured party or other person who has not participated in the offense.

(c) For the purposes of this subsection (2), when more than one animal is subject to cruelty to animals, each act may comprise a separate offense.

 (3) In addition to the sentence provided in subsection (2), the court:

(a) shall require the defendant to pay all reasonable costs incurred in providing necessary veterinary attention and treatment for any animal affected, including reasonable costs of care incurred by a public or private animal control agency or humane animal treatment shelter;

(b) may require the defendant to pay all reasonable costs of necessary care of the affected animal that are incurred by a public or private animal control agency or humane animal treatment shelter; and

(c) shall prohibit or limit the defendant's ownership, possession, or custody of animals, as the court believes appropriate during the term of the sentence.

(4) This section does not prohibit:

     (a) a person humanely destroying an animal for just cause;

     (b) the use of commonly accepted agricultural and livestock practices on livestock;

     (c) rodeo activities that meet humane standards of the professional rodeo cowboys association;

     (d) lawful fishing, hunting, and trapping activities;

     (e) lawful wildlife management practices;

     (f) lawful scientific or agricultural research or teaching that involves the use of animals;

     (g) services performed by a licensed veterinarian;

     (h) lawful control of rodents and predators and other lawful animal damage control activities; or

     (i) accepted training and discipline methods.

History: En. 94-8-106 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-8-106; amd. Sec. 1, Ch. 148, L. 1985; amd. Sec. 1, Ch. 410, L. 1985; amd. Sec. 1, Ch. 424, L. 1991; amd. Sec. 1, Ch. 556, L. 1993; amd. Sec. 1, Ch. 358, L. 2003; amd. Sec. 1, Ch. 366, L. 2003.

 

45-8-217. Aggravated animal cruelty

A person commits the offense of aggravated animal cruelty if the person purposely or knowingly:

(1) kills or inflicts cruelty to an animal with the purpose of terrifying, torturing, or mutilating the animal; or

(2) inflicts cruelty to animals on a collection, kennel, or herd of 10 or more animals.

CREDIT(S)

Enacted by Laws 2003, ch. 366, § 2.

 

Title 7. Local Government. Chapter 23. Domestic Animal Control and Protection. Part 41. Municipal Control and Protection of Domestic Animals

7-23-4104. Cruelty to animals

The city or town council has power to prohibit and punish cruelty to animals.

CREDIT(S)

Enacted Subd. 32, Revised Code of Montana 1921, § 5039. Amended by Laws 1925, ch. 115, § 1; amended by Laws 1927, ch. 20, § 1; reenacted Revised Code of Montana 1935, § 5039.31; Revised Code of Montana 1947, 11-934.

 

Title 45. Crimes. Chapter 5. Offenses Against the Person. Part 5. Sexual Crimes

45-5-505. Deviate sexual conduct

(1) A person who knowingly engages in deviate sexual relations or who causes another to engage in deviate sexual relations commits the offense of deviate sexual conduct.

(2) A person convicted of the offense of deviate sexual conduct shall be imprisoned in the state prison for any term not to exceed 10 years or be fined an amount not to exceed $50,000, or both.

(3) The fact that a person seeks testing or receives treatment for the HIV-related virus or another sexually transmitted disease may not be used as a basis for a prosecution under this section and is not admissible in evidence in a prosecution under this section.

CREDIT(S)

Enacted 94-5-505 by Laws 1973, ch. 513, § 1; Revised Code of Montana 1947, 94-5-505. Amended by Laws 1981, ch. 198, § 7; amended by Laws 1991, ch. 175, § 2; amended by Laws 1991, ch. 687, § 7.

VALIDITY

<The Montana Supreme Court held this section “unconstitutional as applied to Respondents and other consenting adults engaging in private, same-gender, non-commercial, sexual conduct”, Gryczan v. State, 283 Mont. 433, 942 P.2d 112 (Mont. 1997). See notes of decisions. >

 



Top of Page
Share |