(a) Except as provided in subdivision (c) of this section or Section 599c, a person who maliciously and intentionally maims, mutilates, tortures, or wounds a living animal, or maliciously and intentionally kills an animal, is guilty of a crime punishable pursuant to subdivision (d).
(b) Except as otherwise provided in subdivision (a) or (c), a person who overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, drink, or shelter, cruelly beats, mutilates, or cruelly kills an animal, or causes or procures an animal to be so overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of necessary sustenance, drink, shelter, or to be cruelly beaten, mutilated, or cruelly killed; and whoever, having the charge or custody of an animal, either as owner or otherwise, subjects an animal to needless suffering, or inflicts unnecessary cruelty upon the animal, or in any manner abuses an animal, or fails to provide the animal with proper food, drink, or shelter, or protection from the weather, or who drives, rides, or otherwise uses the animal when unfit for labor, is, for each offense, guilty of a crime punishable pursuant to subdivision (d).
(c) A person who maliciously and intentionally maims, mutilates, or tortures a mammal, bird, reptile, amphibian, or fish, as described in subdivision (e), is guilty of a crime punishable pursuant to subdivision (d).
(d) A violation of subdivision (a), (b), or (c) is punishable as a felony by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine of not more than twenty thousand dollars ($20,000), or by both that fine and imprisonment, or alternatively, as a misdemeanor by imprisonment in a county jail for not more than one year, or by a fine of not more than twenty thousand dollars ($20,000), or by both that fine and imprisonment.
(e)(1) Subdivision (c) applies to a mammal, bird, reptile, amphibian, or fish that is a creature described as follows:
(A) Endangered species or threatened species as described in Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code.
(B) Fully protected birds described in Section 3511 of the Fish and Game Code.
(C) Fully protected mammals described in Chapter 8 (commencing with Section 4700) of Part 3 of Division 4 of the Fish and Game Code.
(D) Fully protected reptiles and amphibians described in Chapter 2 (commencing with Section 5050) of Division 5 of the Fish and Game Code.
(E) Fully protected fish as described in Section 5515 of the Fish and Game Code.
(2) This subdivision does not supersede or affect any law relating to taking of the described species, including, but not limited to, Section 12008 of the Fish and Game Code.
(f) For the purposes of subdivision (c), each act of malicious and intentional maiming, mutilating, or torturing a separate specimen of a creature described in subdivision (e) is a separate offense. If a person is charged with a violation of subdivision (c), the proceedings shall be subject to Section 12157 of the Fish and Game Code.
(g)(1) Upon the conviction of a person charged with a violation of this section by causing or permitting an act of cruelty, as defined in Section 599b, all animals lawfully seized and impounded with respect to the violation by a peace officer, officer of a humane society, or officer of an animal shelter or animal regulation department of a public agency shall be adjudged by the court to be forfeited and shall thereupon be awarded to the impounding officer for proper disposition. A person convicted of a violation of this section by causing or permitting an act of cruelty, as defined in Section 599b, shall be liable to the impounding officer for all costs of impoundment from the time of seizure to the time of proper disposition.
(2) Mandatory seizure or impoundment shall not apply to animals in properly conducted scientific experiments or investigations performed under the authority of the faculty of a regularly incorporated medical college or university of this state.
Credits
(Enacted in 1872. Amended by Stats.1905, c. 519, p. 679, § 1; Stats.1909, c. 661, p. 999, § 1; Stats.1972, c. 779, p. 1394, § 1; Stats.1976, c. 1139, p. 5132, § 250, operative July 1, 1977; Stats.1979, c. 373, p. 1350, § 240; Stats.1984, c. 1215, § 8; Stats.1986, c. 846, § 1; Stats.1987, c. 56, § 122; Stats.1987, c. 814, § 1; Stats.1988, c. 127, § 2; Stats.1988, c. 1522, § 1; Stats.1988, c. 1527, § 1; Stats.1988, c. 1556, § 4; Stats.1998, c. 450 (S.B.1991), § 1; Stats.2011, c. 15 (A.B.109), § 410, eff. April 4, 2011, operative Oct. 1, 2011; Stats.2011, c. 131 (S.B.917), § 1.5; Stats.2019, c. 7 (A.B.1553), § 18, eff. Jan. 1, 2020; Stats.2023, c. 546 (A.B.829), § 2, eff. Jan. 1, 2024.)