Title 12. Courts and Civil Proceedings. Chapter 7. Special Actions and Proceedings in Which the State is a Party. Article 13. Liability for Animal Rescue Costs.
§ 12-1011. Liability for animal rescue costs
Title 13. Criminal Code. Chapter 29. Offenses Against Public Order.
§ 13-2910 . Cruelty to animals; interference with working or service animal; classification; definitions
§ 13-2910.01 . Dog fighting; classification
§ 13-2910.02 . Presence at dog fight; classification
§ 13-2910.03 . Cockfighting; classification
§ 13-2910.04 . Presence at cockfight; classification
§ 13-2910.05 . Exempt activities
§ 13-2910.06 . Defense to cruelty to animals and bird fighting
§ 13-2910.07 . Cruel and inhumane confinement of a pig during pregnancy or of a calf raised for veal
§ 13-2910.08 . The humane treatment of farm animals fund
§ 13-2910.09 . Equine tripping; classification; definitions
§ 13-2910.10. Ownership, possession, purchase, sale, transfer or manufacture of animal fighting paraphernalia; classification; definition
§ 13-2910.11. Unlawful animal ownership or possession; transfer of animals; restoration of right to possess animals; classification; good cause exception; definitions
§ 13-2910.12. Presence of minor at animal fight or cockfight; classification
Title 13. Criminal Code. Chapter 14. Sexual Offenses
§ 13-1411 . Bestiality; classification; definition
Title 12. Courts and Civil Proceedings. Chapter 7. Special Actions and Proceedings in Which the State is a Party. Article 13. Liability for Animal Rescue Costs.
§ 12-1011. Liability for animal rescue costs
An owner is liable to this state or a political subdivision of this state for the expenses incurred by this state or a political subdivision of this state in rescuing animals that belong to the owner if the animals have been cruelly treated or neglected and the owner has been convicted of a violation of § 13-2910.
Credits
Added by Laws 2006, Ch. 295, § 1.
Title 13. Criminal Code. Chapter 29. Offenses Against Public Order.
§ 13-2910. Cruelty to animals; interference with working or service animal; classification; definitions
[Editor's note: See also § 12-558.02. Limited liability; removing minor or confined animal from motor vehicle; definition (2019)]
A. A person commits cruelty to animals if the person does any of the following:
1. Intentionally, knowingly or recklessly subjects any animal under the person's custody or control to cruel neglect or abandonment.
2. Intentionally, knowingly or recklessly fails to provide medical attention necessary to prevent protracted suffering to any animal under the person's custody or control.
3. Intentionally, knowingly or recklessly inflicts unnecessary physical injury to any animal.
4. Recklessly subjects any animal to cruel mistreatment.
5. Intentionally, knowingly or recklessly kills any animal under the custody or control of another person without either legal privilege or consent of the owner.
6. Recklessly interferes with, kills or harms a working or service animal without either legal privilege or consent of the owner.
7. Intentionally, knowingly or recklessly leaves an animal unattended and confined in a motor vehicle and physical injury to or death of the animal is likely to result.
8. Intentionally or knowingly subjects any animal under the person's custody or control to cruel neglect or abandonment that results in serious physical injury to the animal.
9. Intentionally or knowingly subjects any animal to cruel mistreatment.
10. Intentionally or knowingly interferes with, kills or harms a working or service animal without either legal privilege or consent of the owner.
11. Intentionally or knowingly allows any dog that is under the person's custody or control to interfere with, kill or cause physical injury to a service animal.
12. Recklessly allows any dog that is under the person's custody or control to interfere with, kill or cause physical injury to a service animal.
13. Intentionally or knowingly obtains or exerts unauthorized control over a service animal with the intent to deprive the service animal handler of the service animal.
14. Intentionally or knowingly subjects a domestic animal to cruel mistreatment.
15. Intentionally or knowingly kills a domestic animal without either legal privilege or consent of the domestic animal's owner or handler.
16. Intentionally or knowingly harasses a working animal that is in a law enforcement vehicle or trailer without either legal privilege or consent of the owner.
B. It is a defense to subsection A of this section if:
1. Any person exposes poison to be taken by a dog that has killed or wounded livestock or poison to be taken by predatory animals on premises owned, leased or controlled by the person for the purpose of protecting the person or the person's livestock or poultry, the treated property is kept posted by the person who authorized or performed the treatment until the poison has been removed and the poison is removed by the person exposing the poison after the threat to the person or the person's livestock or poultry has ceased to exist. The posting required shall provide adequate warning to persons who enter the property by the point or points of normal entry. The warning notice that is posted shall be readable at a distance of fifty feet, shall contain a poison statement and symbol and shall state the word “danger” or “warning”.
2. Any person uses poisons in and immediately around buildings owned, leased or controlled by the person for the purpose of controlling wild and domestic rodents as otherwise allowed by the laws of the state, excluding any fur-bearing animals as defined in § 17-101.
C. This section does not prohibit or restrict:
1. The taking of wildlife or other activities permitted by or pursuant to title 17.1
2. Activities permitted by or pursuant to title 3.2
3. Activities regulated by the Arizona game and fish department or the Arizona department of agriculture.
D. A peace officer, animal control enforcement agent or animal control enforcement deputy may use reasonable force to open a vehicle to rescue an animal if the animal is left in the vehicle as prescribed in subsection A, paragraph 7 of this section.
E. A person who is convicted of a violation of subsection A, paragraph 6 or 10 of this section is liable as follows:
1. If the working or service animal was killed or disabled, to the owner or agency that owns the working or service animal and that employs the handler or to the owner or handler for the replacement and training costs of the working or service animal and for any veterinary bills.
2. To the owner or agency that owns a working or service animal for the salary of the handler for the period of time that the handler's services are lost to the owner or agency.
3. To the owner for the owner's contractual losses with the agency.
F. An incorporated city or town or a county may adopt an ordinance with misdemeanor provisions at least as stringent as the misdemeanor provisions of this section, except that any ordinance adopted shall not prohibit or restrict any activity involving a dog, whether the dog is restrained or not, if the activity is directly related to the business of shepherding or herding livestock and the activity is necessary for the safety of a human, the dog or livestock or is permitted by or pursuant to title 3.
G. If a judicial officer orders the release of a person who is currently serving a term of probation for a violation of this section and who is charged with a new violation of this section on the person's own recognizance or on the execution of bail, the judicial officer shall impose a condition of release that prohibits the person from possessing or having contact with any animal.
H. A person who violates subsection A, paragraph 1, 2, 3, 4, 5, 6, 7, 12 or 16 of this section is guilty of a class 1 misdemeanor. A person who violates subsection A, paragraph 8, 9, 10, 11 or 13 of this section is guilty of a class 6 felony. A person who violates subsection A, paragraph 14 or 15 of this section is guilty of a class 5 felony.
I. For the purposes of this section:
1. “Animal” means a mammal, bird, reptile or amphibian.
2. “Cruel mistreatment” means to torture or otherwise inflict unnecessary serious physical injury on an animal or to kill an animal in a manner that causes protracted suffering to the animal.
3. “Cruel neglect” means to fail to provide an animal with necessary food, water or shelter.
4. “Domestic animal” means a mammal, not regulated by title 3, that is kept primarily as a pet or companion or that is bred to be a pet or companion.
5. “Handler” means a law enforcement officer or any other person who has successfully completed a course of training prescribed by the person's agency or the service animal owner and who used a specially trained animal under the direction of the person's agency or the service animal owner.
6. “Harass” means to engage in conduct that a reasonable person would expect to impede or interfere with a working animal's performance of its duties.
7. “Service animal” means an animal that has completed a formal training program, that assists its owner in one or more daily living tasks that are associated with a productive lifestyle and that is trained to not pose a danger to the health and safety of the general public.
8. “Working animal” means a horse or dog that is used by a law enforcement agency, that is specially trained for law enforcement work and that is under the control of a handler.
Credits
Added by Laws 1977, Ch. 142, § 91, eff. Oct. 1, 1978. Amended by Laws 1996, Ch. 89, § 1; Laws 1999, Ch. 143, § 2; Laws 2000, Ch. 32, § 5; Laws 2002, Ch. 302, § 1; Laws 2012, Ch. 258, § 1; Laws 2019, Ch. 32, § 1; Laws 2019, Ch. 188, § 1; Laws 2022, Ch. 107, § 1.
Footnotes
1 Section 17-101 et seq.
2 Section 3-101 et seq.
§ 13-2910.01. Dog fighting; classification
A. A person commits animal fighting by knowingly:
1. Owning, possessing, keeping or training any animal if the person knows or has reason to know that the animal will engage in an exhibition of fighting with another animal.
2. For amusement or gain, causing any animal to fight with another animal, or causing any animals to injure each other.
3. Permitting any act in violation of paragraph 1 or 2 to be done on any premises under the person's charge or control.
B. This section does not:
1. Prohibit or restrict activities permitted by or pursuant to title 3. [FN1]
2. Apply to animals that are trained to protect livestock from predation and that engage in actions to protect livestock.
C. Animal fighting is a class 5 felony.
CREDIT(S)
Added by Laws 1979, Ch. 119, § 1. Amended by Laws 1986, Ch. 42, § 1; Laws 2009, Ch. 151, § 4.
[FN1] Section 3-101 et seq.
§ 13-2910.02. Presence at dog fight; classification
Added by Laws 1979, Ch. 119, § 1. Amended by Laws 1986, Ch. 42, § 2; Laws 2009, Ch. 151, § 5.
§ 13-2910.03. Cockfighting; classification
A. A person commits cockfighting by knowingly:
1. Owning, possessing, keeping or training any cock with the intent that such cock engage in an exhibition of fighting with another cock.
2. For amusement or gain, causing any cock to fight with another cock or causing any cocks to injure each other.
3. Permitting any act in violation of paragraph 1 or 2 to be done on any premises under his charge or control.
B. Cockfighting is a class 5 felony.
C. For purposes of this section and § 13-2910.04, cock means any male chicken, including game fowl except wildlife as defined in A.R.S. § 17-101.
CREDIT(S)
Added by Proposition 201, § 1, approved election Nov. 3, 1998, eff. Nov. 23, 1998.
§ 13-2910.04. Presence at cockfight; classification
Any person who is knowingly present at any place or building where preparations are being made for an exhibition of the fighting of cocks, or is present at such exhibition, is guilty of a class 1 misdemeanor.
CREDIT(S)
Added by Proposition 201, § 1, approved election Nov. 3, 1998, eff. Nov. 23, 1998.
§ 13-2910.05. Exempt activities
Activity involving the possession, training, exhibition or use of an animal in the otherwise lawful pursuits of hunting, ranching, farming, rodeos, shows and security services shall be exempt from the provisions of §§ 13-2910.01, 13-2910.02, 13-2910.03 and 13-2910.04 and 13-2910.10.
Credits
Added as § 13-2910.03 by Laws 1979, Ch. 119, § 1. Renumbered as § 13-2910.05 and amended by Proposition 201, §§ 2, 3, approved election Nov. 3, 1998, eff. November 23, 1998. Amended by Laws 2021, Ch. 35, § 1.
§ 13-2910.06. Defense to cruelty to animals and bird fighting
It is a defense to §§ 13-2910, 13-2910.01, 13-2910.02, 13-2910.03 and 13-2910.04 that the activity charged involves the possession, training, exhibition or use of a bird or animal in the otherwise lawful sports of falconry, animal hunting, rodeos, ranching or the training or use of hunting dogs.
CREDIT(S)
Added as § 13-2910.04 by Laws 1979, Ch. 119, § 1. Renumbered as § 13-2910.06 and amended by Proposition 201, §§ 2, 4, approved election Nov. 3, 1998, eff. Nov. 23, 1998.
§ 13-2910.07. Cruel and inhumane confinement of a pig during pregnancy or of a calf raised for veal
A. Notwithstanding any other provision of title 3 [FN1] or title 13, [FN2] a person shall not tether or confine any pig during pregnancy or any calf raised for veal, on a farm, for all or the majority of any day, in a manner that prevents such animal from:
1. Lying down and fully extending his or her limbs; or
2. Turning around freely.
B. This section shall not apply to:
1. Pigs or calves during transportation.
2. Pigs or calves in rodeo exhibitions, state or county fair exhibitions, or other similar exhibitions.
3. The killing of pigs or calves according to the provisions of chapter 13, title 3 [FN3] and other applicable law and regulations.
4. Pigs or calves involved in lawful scientific or agricultural research.
5. Pigs or calves while undergoing an examination, test, treatment or operation for veterinary purposes.
6. A pig during the seven day period prior to the pig's expected date of giving birth.
C. A person who violates this section is guilty of a class 1 misdemeanor.
D. The following definitions shall govern this section:
1. "Calf" means a calf of the bovine species.
2. "Calf raised for veal" means a calf raised with the intent of selling, marketing or distributing the meat, organs or any part of such calf as a food product described as "veal."
3. "Farm" means the land, buildings, support facilities, and other equipment that is wholly or partially used for the production of animals for food or fiber.
4. "Pig" means any animal of the porcine species.
5. "Turning around freely" means having the ability to turn around in a complete circle without any impediment, including a tether, or, in the case of an enclosure (including what is commonly described as a "gestation crate" for pigs and a "veal crate" for calves) without touching any side of the enclosure.
CREDIT(S)
Added by Proposition 204, sec. 1, approved election Nov. 7, 2006, proclaimed by Governor Dec. 7, 2006, eff. Dec. 31, 2012.
[FN1] Section 3-101 et seq.
[FN2] Section 13-101 et seq.
[FN3] Section 3-2001 et seq.
§ 13-2910.08. The humane treatment of farm animals fund
The "humane treatment of farm animals fund" is hereby established to be administered by the attorney general under the conditions and for the purposes provided by this section. Upon receipt, the attorney general shall deposit in the fund any monies received for the state as a result of enforcement of the humane treatment of farm animals act and any monies received by the attorney general as a money donation to the fund from any public or private group, society, association or individual. The monies in the fund shall be used only for mandatory expenditures, if any, required by the humane treatment of farm animals act and administration of the fund. Monies in the fund are not subject to legislative appropriation. The fund is exempt from statutory provisions relating to lapsing of appropriations and shall not revert to the general fund.
CREDIT(S)
Added by Proposition 204, sec. 1, approved election Nov. 7, 2006, proclaimed by Governor Dec. 7, 2006.
§ 13-2910.09. Equine tripping; classification; definitions
A. A person who knowingly or intentionally trips an equine for entertainment or sport is guilty of a class 1 misdemeanor.
B. A person who is convicted of a first violation of this section:
1. Shall be sentenced to serve not less than forty-eight consecutive hours in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served.
2. Shall pay a fine of not less than one thousand dollars.
C. A person who is convicted of a second violation of this section:
1. Shall be sentenced to serve not less than thirty consecutive days in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served.
2. Shall pay a fine of not less than two thousand dollars.
D. A person who is convicted of a third or subsequent violation of this section:
1. Shall be sentenced to serve not less than ninety consecutive days in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served.
2. Shall pay a fine of not less than two thousand dollars.
E. This section does not apply to any jumping or steeplechase events, racing, training, branding, show events, calf or steer roping events, bulldogging or steer wrestling events or any other traditional western rodeo events, including barrel racing, bareback or saddled bronc riding or other similar activities or events.
F. For the purposes of this section:
1. “Equine” means a horse, pony, mule, donkey or hinny.
2. “Trips” means knowingly or intentionally causing an equine to lose its balance or fall by use of a wire, pole, stick or rope or any other object or by any other means.
CREDIT(S)
Added by Laws 2009, Ch. 151, § 6.
§ 13-2910.10. Ownership, possession, purchase, sale, transfer or manufacture of animal fighting paraphernalia; classification; definition
A. It is unlawful for a person to knowingly own, possess, purchase, sell, transfer or manufacture animal fighting paraphernalia for the purpose of engaging in, promoting or facilitating animal fighting pursuant to § 13-2910.01 or cockfighting pursuant to § 13-2910.03.
B. A person who violates this section is guilty of a class 1 misdemeanor.
C. For the purposes of this section, “animal fighting paraphernalia”:
1. Means equipment, products, implements or materials of any kind that are used, intended for use or designed solely for use in animal fighting or cockfighting or training, preparing, conditioning or furthering animal fighting or cockfighting.
2. Includes breaking sticks, cat mills, treadmills, fighting pits, springpoles, gaffs, slashers and heels and other sharp implements that are designed to be attached in place of the natural spur of a cock or game fowl.
Credits
Added by Laws 2021, Ch. 35, § 2.
§ 13-2910.11. Unlawful animal ownership or possession; transfer of animals; restoration of right to possess animals; classification; good cause exception; definitions
A. It is unlawful for a person who has been convicted of any of the following offenses to own, possess, adopt, foster, reside with or otherwise intentionally contact, care for or have custody of any animal in the person's household:
1. An intentional or knowing violation of cruelty to animals pursuant to § 13-2910, subsection A, paragraph 1, 2, 3, 7, 8, 9, 11, 14 or 15.
2. Cruelty to animals pursuant to § 13-2910, subsection A, paragraph 4.
3. Animal fighting pursuant to § 13-2910.01.
4. Bestiality pursuant to § 13-1411.
B. Except as provided in subsection D of this section, the prohibitions listed in subsection A of this section shall remain in place for the following amount of time:
1. For a first misdemeanor conviction, at least five years.
2. For a first felony conviction or a second or subsequent misdemeanor conviction, at least ten years.
3. For a second or subsequent felony conviction, for the person's lifetime.
C. Within thirty days after a person is prohibited from possessing an animal pursuant to this section, the person shall transfer all animals in the person's care or custody to another person who is not in the person's household.
D. On proper application and not less than one year after the person is convicted of a misdemeanor violation of an offense listed in subsection A of this section or two and one-half years after the person is convicted of a felony violation, the person may apply to have the person's right to possess an animal restored. Any time spent on absconder status while on probation, on escape status or incarcerated is excluded in calculating the minimum time requirement. The person may apply to the judge, justice of the peace or magistrate who pronounced sentence or imposed probation or the judge, justice of the peace or magistrate's successor in office. The applicant shall serve a copy of the application on the prosecutor. The court shall conduct a hearing on the request within sixty days after the application is filed. The defendant bears the burden by a preponderance of evidence at the hearing. To assist the court in making a determination, the court shall require the person to complete a psychiatric or psychological examination and undergo counseling, if necessary, before restoring the person's right to possess an animal. The court may terminate or reduce the time period required by subsection B of this section on a finding that:
1. The applicant does not present a danger to self, the animal's immediate family and the public.
2. The applicant has the ability to properly care for all animals in the applicant's possession.
3. The applicant has successfully completed all classes or counseling that was ordered by the sentencing court.
E. A convicted person who lives in a household with an animal that is owned, possessed, adopted or fostered by another person in the household may apply to the court for a good cause exception.
A good cause exception is valid for one year and allows the convicted person to reside in the same household as an animal. The convicted person may request the court to renew a good cause exception sixty days before the good cause exception expires. The court may grant a good cause exception or renew a good cause exception if all of the following apply:
1. The convicted person is on supervised or unsupervised probation, community supervision or parole or agrees to be subject to the court's jurisdiction and supervision while living in the household.
2. The court determines that it is in the best interests of the animal and the person who owns, possesses, adopts or fosters the animal to allow the convicted person to remain in the same household and reside with the animal.
3. The convicted person agrees to not intentionally contact, care for or have custody of the animal.
F. A person who violates this section is guilty of a class 1 misdemeanor.
G. For the purposes of this section:
1. “Animal”:
(a) Means any domesticated dog or cat.
(b) Does not include livestock as defined in § 3-1201 or wildlife as defined in § 17-101.
2. “Household” includes all of the persons who occupy a housing unit as the person's usual place of residence, including all of the following:
(a) The related family members and all unrelated persons, if any, such as lodgers, foster children, wards or employees who share the housing unit.
(b) A person who lives alone in a housing unit or a group of unrelated persons sharing a housing unit such as partners or roomers.
3. “Housing unit” means a house, an apartment, a mobile home or trailer, a group of rooms or a single room occupied as separate living quarters for a household and includes any front, side or rear yards and any garages and detached garages that are under the control of the household.
Credits
Added as § 13-2910.10 by Laws 2021, Ch. 366, § 1. Renumbered as § 13-2910.11.
§ 13-2910.12. Presence of minor at animal fight or cockfight; classification
A. A person who knowingly causes, allows or assists a minor to attend an animal fight or cockfight or to be present at any place or building where preparations are being made for an exhibition of animal fighting or cockfighting in violation of § 13-2910.01, 13-2910.02, 13-2910.03 or 13-2910.04 is guilty of a class 1 misdemeanor.
B. This section does not preclude the prosecution of the person for any offense based on any act not covered by this section.
Credits
Added by Laws 2022, Ch. 138, § 1, eff. April 14, 2022.
Title 13. Criminal Code. Chapter 14. Sexual Offenses
§ 13-1411. Bestiality; classification; definition - Amended 2024
New Amendment:
A. A person commits bestiality by knowingly doing either of the following:
1. Engaging in oral sexual contact, sexual contact or sexual intercourse with an animal.
2. Causing another person to engage in oral sexual contact, sexual contact or sexual intercourse with an animal.
B. In addition to any other penalty imposed for a violation of subsection A of this section, the court may order that the convicted person do any of the following:
1. Undergo a psychological assessment and participate in appropriate counseling at the convicted person's own expense.
2. Reimburse an animal shelter as defined in § 11-1022 for any reasonable costs incurred for the care and maintenance of any animal that was taken to the animal shelter as a result of conduct proscribed by subsection A of this section.
C. This section does not apply to:
1. Accepted veterinary medical practices performed by a licensed veterinarian or veterinary technician.
2. Insemination of animals by the same species, bred for commercial purposes.
3. Accepted animal husbandry practices that provide necessary care for animals bred for commercial purposes.
D. Bestiality is a class 6 felony, except that bestiality pursuant to subsection A, paragraph 2 of this section is a class 3 felony punishable pursuant to § 13-705 if the other person is a minor under fifteen years of age.
E. For the purposes of this section, “animal” means a nonhuman mammal, bird, reptile or amphibian, either dead or alive.
Credits
Added by Laws 2006, Ch. 295, § 4. Amended by Laws 2008, Ch. 301, § 61, eff. Jan. 1, 2009.