Full Statute Name:  HAWAII REVISED STATUTES ANNOTATED. DIVISION 5. CRIMES AND CRIMINAL PROCEEDINGS. TITLE 37. HAWAII PENAL CODE. CHAPTER 711. OFFENSES AGAINST PUBLIC ORDER.

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Primary Citation:  H R S § 711-1100 to 1110.5 Country of Origin:  United States Last Checked:  October, 2023 Alternate Citation:  HI ST § 711-1100 to 1110.5 Historical: 
Summary: Under this set of Hawaii laws, a person commits the misdemeanor offense of cruelty to animals if the person intentionally, knowingly, or recklessly overdrives, overloads, tortures, torments, cruelly beats or starves any animal, deprives a pet animal of necessary sustenance, mutilates, poisons, or kills without need any animal other than insects, vermin, or other pests, or engages in animal fighting enterprises. Dog fighting constitutes a felony where the person owns or trains the dog to fight. The section has enhanced penalties for cruelty to guide or service animals or interference with their duties.

§ 711-1100 Definitions.

[711-1101 - 1108 unrelated to animals]

§ 711-1108.5 Cruelty to animals in the first degree.

§ 711-1109 Cruelty to animals in the second degree.

§ 711-1109.1 Authority to enter premises; notice of impoundment of animal; damage resulting from entry.

§ 711-1109.2 Forfeiture of animal prior to filing of or final disposition of criminal charges.

§ 711-1109.3 Cruelty to animals by fighting dogs in the first degree.

§ 711-1109.35. Cruelty to animals by fighting dogs in the second degree

§ 711-1109.37. Cruelty to animals by trapping

§ 711-1109.4  Causing injury or death to a service animal or law enforcement animal.

§ 711-1109.5 Intentional interference with the use of a service animal or law enforcement animal.

§ 711-1109.6 . Animal hoarding Repealed by Laws 2008, ch. 128, § 7; Laws 2009, ch. 160, § 3; Laws 2011, ch. 149, § 6, eff. July 1, 2015

[§ 711-1109.7]. Pet animal or equine animal desertion

[§ 711-1109.8]. Sexual assault of an animal

§ 711-1110 Relating to agent of society.

§ 711-1110.5 Surrender or forfeiture of animals. [Repeal eff. July 1, 2011]

 

 

§ 711-1100 Definitions.

In this chapter, unless a different meaning is plainly required, or the definition is otherwise limited by this section:
 
“Animal” includes every living creature, except a human being.
 
“Equine animal” means an animal of or belonging to the family Equidae, including horses, ponies, mules, donkeys, asses, burros, and zebras.
 
“Facsimile” means a document produced by a receiver of signals transmitted over telecommunication lines, after translating the signals, to produce a duplicate of an original document.
 
“Law enforcement animal” means any dog, horse, or other animal used by law enforcement or corrections agencies and trained to work in areas of tracking, suspect apprehension, victim assistance, crowd control, or drug or explosive detection for law enforcement
purposes.
 
“Necessary sustenance” means care sufficient to preserve the health and well-being of a pet animal, except for emergencies or circumstances beyond the reasonable control of the owner or caretaker of the pet animal, and includes but is not limited to the following requirements:
 
(1) Food of sufficient quantity and quality to allow for normal growth or maintenance of body weight;
 
(2) Open or adequate access to water in sufficient quantity and quality to satisfy the animal's needs;
 
(3) Access to protection from wind, rain, or sun;
 
(4) An area of confinement that has adequate space necessary for the health of the animal and is kept reasonably clean and free from excess waste or other contaminants that could affect the animal's health; provided that the area of confinement in a primary pet enclosure shall:
 
(a) Provide access to shelter;
 
(b) Be constructed of safe materials to protect the pet animal from injury;
 
(c) Enable the pet animal to be clean, dry, and free from excess waste or other contaminants that could affect the pet animal's health;
 
(d) Provide the pet animal with a solid surface or resting platform that is large enough for the pet animal to lie upon in a normal manner, or, in the case of a caged bird, a perch that is large enough for the bird to perch upon in a normal manner;
 
(e) Provide sufficient space to allow the pet animal, at minimum, to do the following:
 
(i) Easily stand, sit, lie, turn around, and make all other normal body movements in a comfortable manner for the pet animal, without making physical contact with any other animal in the enclosure; and
 
(ii) Interact safely with other animals within the enclosure; and
 
(5) Veterinary care when needed to prevent suffering.

“Obstructs” means renders impassable without unreasonable inconvenience or hazard.

“Pet animal” means a dog, cat, domesticated rabbit, guinea pig, domesticated pig, or caged birds (passeriformes, piciformes, and psittaciformes only) so long as not bred for consumption.

“Primary pet enclosure” means any kennel, cage, or structure used to restrict only a pet animal as defined in this section to a limited area of space, and does not apply to the confinement of any animals that are raised for food, such as any poultry that is raised for meat or egg production and livestock, rabbits, or pigs that are raised specifically for meat production because these animals are not pets when raised for meat or egg production.

“Private place” means a place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance, but does not include a place to which the public or a substantial group thereof has access.

“Public” means affecting or likely to affect a substantial number of persons.

“Public place” means a place to which the public or a substantial group of persons has access and includes highways, transportation facilities, schools, places of amusement or business, parks, playgrounds, prisons, and hallways, lobbies, and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence.

“Record”, for the purposes of sections 711-1110.9 and 711-1111, means to videotape, film, photograph, or archive electronically or digitally.

“Torment” means fail to attempt to mitigate substantial bodily injury with respect to a person who has a duty of care to the animal.

“Torture” includes every act, omission, or neglect whereby unjustifiable physical pain, suffering, or death is caused or permitted.
Credits
Laws 1972, ch. 9, § 1; Laws 1986, ch. 192, § 3; Laws 1987, ch. 176, § 4; Laws 1992, ch. 292, § 3; Laws 1998, ch. 173, § 1; Laws 2003, ch. 48, § 1; Laws 2004, ch. 83, § 1; Laws 2007, ch. 114, § 3, eff. June 1, 2007; Laws 2008, ch. 111, § 1, eff. May 27, 2008;Laws 2010, ch. 147, § 2, eff. January 1, 2011; Laws 2013, ch. 205, § 4, eff. June 26, 2013; Laws 2015, ch. 35, § 28, eff. May 5, 2015.
 
 
[711-1102 - 1108 unrelated to animals]

 

§ 711-1108.5 Cruelty to animals in the first degree.

(1) A person commits the offense of cruelty to animals in the first degree if the person intentionally or knowingly :

(a) Tortures, mutilates, or poisons or causes the torture, mutilation, or poisoning of any pet animal or equine animal resulting in serious bodily injury or death of the pet animal or equine animal; or

(b) Kills or attempts to kill any pet animal belonging to another person, without first obtaining legal authority or the consent of the pet animal's owner.

(2) Subsection (1)(a) shall not apply to:

(a) Accepted veterinary practices;

(b) Activities carried on for scientific research governed by standards of accepted educational or medicinal practices; or

(c) Cropping or docking as customarily practiced.

(3) Subsection (1)(b) shall not apply to:

(a) Humane euthanasia of any animal by an animal control officer, duly incorporated humane society, duly incorporated society for the prevention of cruelty to animals, or duly authorized governmental agency in accordance with American Veterinary Medical Association accepted standards; or

(b) Conduct which the actor believes to be necessary to avoid an imminent harm or evil to the actor, another person, or an animal; provided that the harm or evil sought to be avoided by such conduct is greater than that sought to be prevented by this section and is justifiable as provided in section 703-302 for choice of evils; provided further that, for purposes of this paragraph, as the justification described in section 703-302 shall also apply to conduct which the actor believes to be necessary to avoid an imminent harm or evil to an animal.

(4) Whenever any pet animal or equine animal is so severely injured that there is no reasonable probability that its life can be saved, the animal may be immediately destroyed without creating any offense under this section.

(5) Cruelty to animals in the first degree is a class C felony. In addition to any fines and imprisonment imposed under this section, any person convicted under this section shall be prohibited from possessing or owning any pet animal or equine animal for a minimum of five years from the date of conviction.
For the purposes of this section, “person” means any individual; any firm, partnership, joint venture, association, limited liability company, corporation, estate, trust, receiver, or syndicate; or any other legal entity.

Credits

Laws 2007, ch. 114, § 2, eff. June 1, 2007; Laws 2008, ch. 111, § 2, eff. May 27, 2008; Laws 2011, ch. 135, § 1, eff. July 1, 2011; Laws 2013, ch. 209, § 2, eff. June 26, 2013.

 

§ 711-1109 Cruelty to animals in the second degree.

(1) A person commits the offense of cruelty to animals in the second degree if the person intentionally, knowingly, or recklessly:
 
(a) Overdrives, overloads, tortures, torments, beats, causes substantial bodily injury to, or starves any animal, or causes the overdriving, overloading, torture, torment, beating, or starving of any animal;
 
(b) Deprives a pet animal of necessary sustenance or causes that deprivation;
 
(c) Mutilates, poisons, or kills without need any animal other than insects, vermin, or other pests; provided that the handling or extermination of any insect, vermin, or other pest is conducted in accordance with standard and acceptable pest control practices and all applicable laws and regulations;
 
(d) Keeps, uses, or in any way is connected with or interested in the management of, or receives 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 animal, and includes every person who encourages, aids, or assists therein, or who permits or suffers any place to be so kept or used;
 
(e) Carries or causes to be carried, in or upon any vehicle or other conveyance, any animal in a cruel or inhumane manner;
 
(f) Confines or causes to be confined, in a kennel or cage, any pet animal in a cruel or inhumane manner;
 
(g) Tethers, fastens, ties, or restrains a dog to a doghouse, tree, fence, or any other stationary object, or uses a trolley, trolley with swivels, pulley, cable, running line, or trolley lacking swivels at each end that is designed to attach a dog to two stationary objects in a configuration that endangers the dog, including preventing the dog from obtaining necessary sustenance;
 
(h) Tethers or restrains a dog under the age of six months unless the dog is engaged in an activity supervised by its owner or an agent of its owner;
 
(i) Tethers or restrains a dog by a tow or log chain;
 
(j) Tethers or restrains by means of choke collar, pinch collar, or prong collar unless the dog is engaged in an activity supervised by its owner or an agent of its owner; or
 
(k) Assists another in the commission of any act specified in paragraphs (a) through (j).
 
(2) Subsection (1)(a), (b), (c), (e), (f), (g), and (h) shall not apply to:
 
(a) Accepted veterinary practices;
 
(b) Activities carried on for scientific research governed by standards of accepted educational or medicinal practices; or
 
(c) Pest control operations conducted pursuant to chapter 149A by a pest control operator licensed pursuant to chapter 460J, if the pest control is performed under a written contract.
 
(3) Whenever any animal is so severely injured that there is no reasonable probability that its life or usefulness can be saved, the animal may be immediately destroyed without creating any offense under this section.
 
(4) Cruelty to animals in the second degree is a misdemeanor, except that if the offense involves ten or more pet animals in any one instance, then cruelty to animals in the second degree is a class C felony.
 
Credits
Laws 1972, ch. 9, § 1; Laws 1986, ch. 192, §§ 1, 2; Laws 1998, ch. 173, § 2; Laws 2007, ch. 114, § 4, eff. June 1, 2007; Laws 2009, ch. 160, § 1, eff. July 1, 2009; Laws 2011, ch. 226, § 1, eff. July 1, 2011; Laws 2013, ch. 210, § 2, eff. June 26, 2013; Laws 2021, ch. 182, § 1, eff. July 6, 2021.
 

 

§ 711-1109.1 Authority to enter premises; notice of impoundment of animal; damage resulting from entry.

(1) If there is probable cause to believe that a pet animal or equine animal is being subjected to treatment in violation of section 711-1108.5, 711-1109, 711-1109.3, 711-1109.6, or 711-1109.35, as applicable, a law enforcement officer, after obtaining a search warrant, or in any other manner authorized by law, may enter the premises where the pet animal or equine animal is located to provide the pet animal or equine animal with food, water, and emergency medical treatment or to impound the pet animal or equine animal. If after reasonable effort, the owner or person having custody of the pet animal or equine animal cannot be found and notified of the impoundment, an impoundment notice shall be conspicuously posted on the premises and within seventy-two hours after posting, the notice shall be sent by certified mail to the address, if any, from which the pet animal or equine animal was removed.

(2) A law enforcement officer is not liable for any damage resulting from an entry under subsection (1), unless the damage resulted from intentional or reckless behavior on behalf of the law enforcement officer.

(3) A court may order a pet animal or equine animal impounded under subsection (1) to be held at a duly incorporated humane society or duly incorporated society for the prevention of cruelty to animals. A facility receiving the pet animal or equine animal shall provide adequate food and water and may provide veterinary care.

(4) For purposes of this section, “law enforcement officer” shall have the same meaning as [in] section 710-1000.

Credits

Laws 2006, ch. 239, § 1; Laws 2007, ch. 114, § 5, eff. June 1, 2007; Laws 2008, ch. 128, § 2, eff. May 30, 2008; Laws 2011, ch. 149, § 2, eff. July 1, 2011; Laws 2012, ch. 25, § 1, eff. July 1, 2012.

 
 

 

§ 711-1109.2 Forfeiture of animal prior to filing of or final disposition of criminal charges.

(1) If any pet animal or equine animal is impounded pursuant to section 711-1109.1, prior to filing of, or final disposition of a criminal charge under section 711-1108.5, 711-1109, 711-1109.3, or 711-1109.35, as applicable, against the pet animal's or equine animal's owner, any duly incorporated humane society or duly incorporated society for the prevention of cruelty to animals that is holding the pet animal or equine animal may file a petition in the court that would have jurisdiction over the criminal case when the criminal charge is filed, if the petition is filed prior to the filing of the criminal charge, or in the criminal action requesting that the court issue an order for forfeiture of the pet animal or equine animal to the county or to the duly incorporated humane society or duly incorporated society for the prevention of cruelty to animals prior to the filing of the criminal charge that arises from the impoundment or final disposition of the criminal charge. The petitioner shall serve a true copy of the petition upon the owner or custodian of the impounded pet animal or equine animal, when a petition is filed prior to the filing of the criminal charge, or the defendant, in the criminal action, and the prosecuting attorney.

(2) Upon receipt of a petition pursuant to subsection (1), the court shall set a hearing on the petition. The hearing shall be conducted within fourteen days after the filing of the petition, or as soon as practicable.

(3) At a hearing conducted pursuant to subsection (2), the petitioner shall have the burden of establishing probable cause that the pet animal or equine animal was subjected to a violation of section 711-1108.5, 711-1109, 711-1109.3, or 711-1109.35, as applicable. If the court finds that probable cause exists, the court shall order immediate forfeiture of the pet animal or equine animal to the petitioner, unless the owner or custodian of the impounded pet animal or equine animal, when a petition is filed prior to the filing of the criminal charge, or the defendant, in the criminal action, within seventy-two hours of the hearing:

(a) Posts a security deposit or bond with the court clerk in an amount determined by the court to be sufficient to repay all reasonable costs incurred, and anticipated to be incurred, by the petitioner in caring for the pet animal or equine animal from the date of initial impoundment to the date of trial; or

(b) Demonstrates to the court that proper alternative care has been arranged for the pet animal or equine animal.

Notwithstanding subsection (3)(a), a court may waive, for good cause shown, the requirement that the owner or custodian of the impounded pet animal or equine animal, when a petition is filed prior to the filing of the criminal charge, or the defendant, in the criminal action, post a security deposit or bond.

(4) If a security deposit or bond has been posted in accordance with subsection (3)(a), the petitioner may draw from the security deposit or bond the actual reasonable costs incurred by the petitioner in caring for the pet animal or equine animal until the date of final disposition of the criminal action. If the trial is continued to a later date, any order of continuance shall require the owner or custodian of the impounded pet animal or equine animal, when a petition is filed prior to the filing of the criminal charge, or the defendant, in the criminal action, to post an additional security deposit or bond in an amount determined by the court that shall be sufficient to repay all additional reasonable costs anticipated to be incurred by the petitioner in caring for the pet animal or equine animal until the date of final disposition of the criminal action, and the petitioner may draw from the additional security deposit or bond as necessary.

(5) No pet animal or equine animal may be destroyed by a petitioner under this section prior to final disposition of a criminal charge under section 711-1108.5, 711-1109, 711-1109.3, or 711-1109.35, as applicable, against the pet animal's or equine animal's owner, except in the event that the pet animal or equine animal is a danger to itself or others, or so severely injured that there is no reasonable probability that its life can be saved.

(6) Forfeiture of a pet animal or equine animal under this section shall not be subject to the provisions of chapter 712A.

(7) In addition to any reasonable costs incurred under subsection (4) by the petitioner in the caring for the pet animal or equine animal, the court may award reasonable attorney's fees and court costs to the petitioner following the conviction of the defendant.

(8) As used in this section, “pet animal or equine animal” includes any offspring from the pet animal or equine animal that was pregnant at the time of the rescue and born during the impoundment of the pet animal or equine animal.

(9) An acquittal or dismissal in a criminal proceeding shall not preclude civil proceedings under this chapter.

Credits
Laws 2006, ch. 239, § 1; Laws 2007, ch. 114, § 6, eff. June 1, 2007; Laws 2008, ch. 128, § 3, eff. May 30, 2008; Laws 2011, ch. 149, § 3, eff. July 1, 2011; Laws 2012, ch. 25, § 2, eff. July 1, 2012; Laws 2017, ch. 78, § 2, eff. July 3, 2017.

 

§ 711-1109.3 Cruelty to animals by fighting dogs in the first degree.

(1) A person commits the offense of cruelty to animals by fighting dogs in the first degree if the person:

(a) Knowingly:

(i) Causes, sponsors, arranges, or holds a dogfight for entertainment or financial gain; or

(ii) Owns, trains, transports, possesses, sells, transfers, or equips any dog with the intent that the dog shall be engaged in a dogfight; or

(b) Recklessly:

(i) Allows a dogfight to occur on any property owned or controlled by the person; or

(ii) Allows any dog intended to be used for a dogfight to be kept, trained on, or transported in, any property owned or controlled by the person.

(2) Nothing in this section shall prohibit any of the following:

(a) The use of dogs in the management of livestock by the owner of the livestock or the owner's employees or agents or other persons in lawful custody thereof;

(b) The use of dogs in hunting wildlife including game; or

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

(3) As used in this section, “dogfight” means a dog or dogs pitted against another dog or dogs with the intent that the encounter will result in injury to one or more of the dogs.

(4) Violation of this section shall be a class B felony.

(5) If there is any conflict between this section and section 711-1109, or any other provision of law, this section shall apply.

CREDIT(S)

Laws 1983, ch. 129, § 1; Laws 1987, ch. 230, § 5; Laws 2011, ch. 149, § 4, eff. July 1, 2011.

 

[§ 711-1109.35]. Cruelty to animals by fighting dogs in the second degree

(1) A person commits the offense of cruelty to animals by fighting dogs in the second degree if the person knowingly:

(a) Wagers on a dogfight;

(b) Attends or pays to attend a dogfight; or

(c) Possesses any device intended to enhance the dog's fighting ability with the intent that the device be used to train or prepare the dog for a dogfight.

(2) As used in this section:

“Bait dog” means a live animal used to train or prepare dogs for a dogfight.

“Device” means both animate and inanimate objects and includes live animals used as bait dogs.

“Dogfight” means a dog or dogs pitted against another dog or dogs with the intent that the encounter will result in injury to one or more of the dogs.

“Wager” means staking or risking something of value on the outcome of a dogfight.

(3) Cruelty to animals by fighting dogs in the second degree is a class C felony.

CREDIT(S)

Laws 2011, ch. 149, § 1, eff. July 1, 2011.

 

[§ 711-1109.37]. Cruelty to animals by trapping

(1) A person commits the offense of cruelty to animals by trapping if the person intentionally, knowingly, or recklessly uses, sets, or maintains:

(a) A steel-jawed leg-hold trap; or

(b) A snare, conibear trap, or foot- or leg-hold trap in an area zoned as residential or any other area where such snare or trap is prohibited by law or rule; except under the situations described in subsection (2).

(2) Subsection (1)(b) shall not apply to employees of state or federal agencies, or persons acting as a designated cooperator or an agent of the State, who are carrying out activities required under a management plan approved by state or federal agencies, pursuant to a mandatory statutory duty for the protection of species listed as threatened or endangered species, or other wildlife species protected by law, or for the protection of public health, safety, or property.

(3) As used in this section:

“Conibear trap” means a contrivance consisting of metal or steel designed to kill by crushing the body or severing the spinal cord of any animal. “Conibear trap” shall not include snap traps used for rodent control.

“Foot- or leg-hold trap” means a contrivance consisting of metal or steel that is off-set, padded or laminated, and is designed to capture and hold any animal by a foot or limb.

“Snare” means a contrivance consisting of a noose, regardless of material, designed to capture, trap, or kill any animal or hold any animal by a foot, limb, or neck.

“Steel-jawed leg-hold trap” means a spring-powered contrivance that captures or holds the limb of an animal by exerting a lateral force with fix-mounted jaws.

(4) Cruelty to animals by trapping is a misdemeanor.

Credits

Laws 2013, ch. 208, § 3, eff. June 26, 2013.

 

 

§ 711-1109.4. Causing injury or death to a service animal or law enforcement animal

(1) A person commits the offense of causing injury or death to a service animal or law enforcement animal if:

(a) The person recklessly causes substantial bodily injury to or the death of any service animal or law enforcement animal while the service animal or law enforcement animal is in the discharge of its duties; or

(b) The person is the owner of a dog and recklessly permits that dog to attack a service animal or law enforcement animal while the service animal or law enforcement animal is in the discharge of its duties, resulting in the substantial bodily injury or death of the service animal or law enforcement animal.

(2) Subsection (1) shall not apply to:

(a) Accepted veterinary practices;

(b) Activities carried on for scientific research governed by standards of accepted educational or medicinal practices; or

(c) Cropping or docking as customarily practiced and permitted by law.

(3) Any person who commits the offense of causing injury or death to a service animal or law enforcement animal shall be guilty of a class C felony.

(4) In addition to any other penalties, any person who is convicted of a violation of this section shall be ordered to make restitution to:

(a) The owner of the service animal or law enforcement animal for any veterinary bills and out-of-pocket costs incurred as a result of the injury to the service animal or law enforcement animal; and

(b) The person, entity, or organization that incurs the cost of retraining or replacing the service animal or law enforcement animal for the cost of retraining or replacing the service animal or law enforcement animal if it is disabled or killed.

(5) As used in this section “service animal” shall have the same meaning as in section 347-2.5.

Credits

Laws 2002, ch. 259, § 1; Laws 2011, ch. 175, § 9, eff. July 1, 2011; Laws 2013, ch. 205, § 2, eff. June 26, 2013; Laws 2018, ch. 217, § 9, eff. Jan. 1, 2019.

 

 

§ 711-1109.5. Intentional interference with the use of a service animal or law enforcement animal

(1) A person commits the offense of intentional interference with the use of a service animal or law enforcement animal if the person, with no legal justification, intentionally or knowingly strikes, beats, kicks, cuts, stabs, shoots, or administers any type of harmful substance or poison to a service animal or law enforcement animal while the service animal or law enforcement animal is in the discharge of its duties.

(2) Subsection (1) shall not apply to:

(a) Accepted veterinary practices;

(b) Activities carried on for scientific research governed by standards or accepted educational or medicinal practices; or

(c) Cropping or docking as customarily practiced and permitted by law.

(3) Intentional interference with the use of a service animal or law enforcement animal is a misdemeanor.

(4) In addition to any other penalties, any person who is convicted of a violation of this section shall be ordered to make restitution to:

(a) The owner of the service animal or law enforcement animal for any veterinary bills and out-of-pocket costs incurred as a result of the injury to the service animal or law enforcement animal; and

(b) The person, entity, or organization that incurs the cost of retraining or replacing the service animal or law enforcement animal for the cost of retraining or replacing the service animal or law enforcement animal, if it is disabled or killed.

(5) Nothing in this section is intended to affect any civil remedies available for a violation of this section.

(6) As used in this section, “service animal” shall have the same meaning as in section 347-2.5.

Credits

Laws 2002, ch. 259, § 1; Laws 2011, ch. 175, § 10, eff. July 1, 2011; Laws 2013, ch. 205, § 3, eff. June 26, 2013; Laws 2018, ch. 217, § 10, eff. Jan. 1, 2019. 

 

§ 711-1109.6. Animal hoarding Repealed by Laws 2008, ch. 128, § 7; Laws 2009, ch. 160, § 3; Laws 2011, ch. 149, § 6, eff. July 1, 2015

Former Text:

(1) A person commits the offense of animal hoarding if the person intentionally, knowingly, or recklessly:

(a) Possesses more than fifteen dogs, cats, or a combination of dogs and cats;

(b) Fails to provide necessary sustenance for each dog or cat; and

(c) Fails to correct the conditions under which the dogs or cats are living, where conditions injurious to the dogs', cats', or owner's health and well-being result from the person's failure to provide necessary sustenance.

(2) Animal hoarding is a misdemeanor.

CREDIT(S)

Laws 2008, ch. 128, § 1, eff. May 30, 2008; Laws 2009, ch. 160, § 2, eff. July 1, 2009.

 

[§ 711-1109.7]. Pet animal or equine animal desertion

(a) It shall be unlawful for the owner or any person in possession of any pet animal or equine animal to desert the pet animal or equine animal.

(b) Any person who violates subsection (a) shall be guilty of a petty misdemeanor and subject to a fine not exceeding $1,000 in addition to any other penalties.

(c) Any person who violates subsection (a) and recklessly causes the death of or substantial bodily injury to the pet animal or equine animal shall be guilty of a misdemeanor and subject to a fine not exceeding $2,000 in addition to any other penalties.

(d) Each pet animal or equine animal that is deserted in violation of subsection (a) or suffers death or substantial bodily injury as a result of a violation of subsection (a) shall constitute a separate offense.

(e) For the purposes of this section, “desert” means to leave without the intent to return.

Credits
Laws 2016, ch. 165, § 2, eff. June 29, 2016.

 

[§ 711-1109.8]. Sexual assault of an animal

(1) A person commits the offense of sexual assault of an animal if the person knowingly:

(a) Subjects an animal to sexual contact;

(b) Possesses, sells, transfers, purchases, or otherwise obtains an animal with the intent to subject the animal to sexual contact;

(c) Organizes, promotes, conducts, or participates as an observer in an act where an animal is subject to sexual contact;

(d) Causes, coerces, aids, or abets another person to subject an animal to sexual contact;

(e) Permits sexual contact with an animal to be conducted on any premises under the person's charge or control;

(f) Advertises, solicits, offers, or accepts the offer of an animal with the intent that it be subjected to sexual contact in the State; or

(g) Creates, distributes, publishes, or transmits, whether for commercial or recreational purposes, a pornographic image or material depicting a person subjecting an animal to sexual contact.

(2) This section shall not apply to the following practices:

(a) Veterinary medicine;

(b) Artificial insemination of animals for the purpose of procreation;

(c) Animal husbandry;

(d) Conformation judging; or

(e) Customary care of an animal by its owner.

(3) Unless otherwise provided by any other law:

(a) Sexual assault of an animal is a misdemeanor for the first offense and a class C felony for the second or subsequent offense; or

(b) If the offense subjected a minor to sexual contact with an animal or was committed in the presence of a minor as defined in section 706-606.4, sexual assault of an animal is a class B felony.

(4) Each violation of this section shall constitute a separate offense.

(5) Upon conviction, guilty plea, or plea of nolo contendere for any violation of this section, in addition to any other penalty, the defendant shall be:

(a) Ordered to:

(i) Surrender or forfeit the animal whose sexual assault was the basis of the conviction or plea to the custody of the animal service contractor in the county in which the offense took place for the time and under the conditions ordered by the court;

(ii) Surrender or forfeit any other animals in the defendant's possession, custody, or control to the animal service contractor in the county in which the offense took place for the time and under the conditions ordered by the court; provided that there is substantial evidence that the animals are being abused in violation of this section;

(iii) Reimburse the animal service contractor in the county in which the offense took place for reasonable costs incurred to care for, feed, house, and medically treat any animal sexually assaulted under this section;

(iv) Attend an appropriate treatment program or obtain psychiatric or psychological counseling, at the defendant's expense; and

(v) Make restitution to the owner of the animal, including reimbursement for any expenses incurred for medical treatment or rehabilitation; provided that the defendant is not the owner of the animal whose sexual assault was the basis of the conviction or plea; and

(b) Prohibited from:

(i) Harboring, owning, possessing, or exercising control over any animal;

(ii) Residing in any household where animals are present; and

(iii) Engaging in any occupation, whether paid or unpaid, or participating in a volunteer position at any establishment at which animals are present, for the length of time that the court deems reasonable for the protection of all animals but no less than five years after the person's release from imprisonment or court supervision.

(6) Prosecution under this section does not preclude prosecution under any other law. Nothing in this section is intended to affect any civil remedies available for a violation of this section.

(7) As used in this section:

“Animal” includes every living or dead creature, except a human being.

“Pornographic” has the same meaning as defined in section 712-1210.

“Sexual contact” means:

(a) The intentional touching or penetration, however slight, of the sex organs, genitalia, mouth, or anus of an animal by a person or of a person by an animal; or

(b) The insertion of a person's body part or object into the sex organs, genitalia, mouth, or anus of an animal.

(8) Violations of this section shall be subject to the search, impound, and forfeiture provisions in sections 711-1109.1 and 711-1109.2.

Credits
Laws 2021, ch. 31, § 2, eff. June 7, 2021.

 

 

§ 711-1110 Relating to agent of society.

The agent of any society which is formed or incorporated for the prevention of cruelty to animals, upon being appointed thereto by the president of such society in any district in the State, may within such district make arrests and bring before any district judge thereof offenders found violating the provisions of section 711-1109 to be dealt with according to law.

“Law enforcement animal” means any dog, horse, or other animal used by law enforcement or corrections agencies and trained to work in areas of tracking, suspect apprehension, victim assistance, crowd control, or drug or explosive detection for law enforcement purposes.

Credits

Laws 1972, ch. 9, § 1; Laws 2013, ch. 205, § 4, eff. June 26, 2013.

 

§ 711-1109.6. Repealed by Laws 2009, ch. 160, § 3, eff. July 1, 2015

 

§ 711-1110.5 Surrender or forfeiture of animals.

Upon conviction, guilty plea, or plea of nolo contendere for any violation of section 711-1108.5, 711-1109, 711-1109.3, or 711-1109.35:

(1) The court may order the defendant to surrender or forfeit the animal whose treatment was the basis of the conviction or plea to the custody of a duly incorporated humane society or duly incorporated society for the prevention of cruelty to animals for the time and under the conditions as the court shall order; and

(2) The court also may order the defendant to surrender or forfeit any other animals under the possession, custody, or control of the defendant to the custody of a duly incorporated humane society or duly incorporated society for the prevention of cruelty to animals for the time and under the conditions as the court shall order, if there is substantial evidence that the animals are being abused or neglected.

The court shall order the defendant to reimburse the duly incorporated humane society or duly incorporated society for the prevention of cruelty to animals for reasonable costs incurred to care, feed, and house any animal that is surrendered or forfeited pursuant to this section.

Credits
Laws 1985, ch. 262, § 1; Laws 2006, ch. 238, § 1; Laws 2007, ch. 114, § 7, eff. June 1, 2007; Laws 2008, ch. 128, §§ 4, 7, eff. May 30, 2008; Laws 2009, ch. 160, § 3; Laws 2011, ch. 149, § 5, eff. July 1, 2011; Laws 2011, ch. 149, § 6, eff. July 1, 2015.

 

 
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