Link to Chapter 717, Injury to Livestock
Title XVI. Criminal Law and Procedure. Subtitle 1. Crime Control and Criminal Acts. Chapter 717B. Injury to Animals Other Than Livestock.
717B.1 . Definitions
717B.2 . Animal animal abuse—penalties
717B.3 . Animal neglect—penalties
717B.3A . Animal mistreatment—animal torture—penalties
717B.3B. Animal mistreatment—court order—evaluation and treatment
717B.4 . Dispositional proceedings
717B.5 . Rescue of threatened animals
717B.6 . Destruction and disposition of wild animals
717B.7 . Repealed by Acts 2002 (79 G.A.) ch. 1130, § 10
717B.8 . Abandonment of cats and dogs—penalties
717B.9 . Injury or interference with a police service dog
Title XVI. Criminal Law and Procedure. Subtitle 1. Crime Control and Criminal Acts. Chapter 717C. Bestiality.
717C.1 . Bestiality
Title XVI. Criminal Law and Procedure. Subtitle 1. Crime Control and Criminal Acts. Chapter 717D. Animal Contest Events.
717D.1 . Definitions
717D.2 . Prohibitions--contest events
717D.3 . Exceptions
717D.4 . Penalties
717D.5 . Confiscation and disposition of animals
Title XVI. Criminal Law and Procedure. Subtitle 1. Crime Control and Criminal Acts. Chapter 717E. Pets as Prizes.
717E.1 . Definitions
717E.2 . Pet awards prohibited
717E.3 . Exceptions
Title XVI. Criminal Law and Procedure. Subtitle 1. Crime Control and Criminal Acts. Chapter 717B. Injury to Animals Other Than Livestock.
As used in this chapter:
1. “Animal” means a nonhuman vertebrate. However, “animal” does not include any of the following:
a. Livestock, as defined in section 717.1.
b. Preserve whitetail as defined in section 484C.1.
c. Any game, fur-bearing animal, fish, reptile, or amphibian, as defined in section 481A.1, unless a person owns, confines, or controls the game, fur-bearing animal, fish, reptile, or amphibian.
d. Any nongame species declared to be a nuisance pursuant to section 481A.42.
2. “Animal care provider” means a person designated by a local authority to provide care to an animal which is rescued by the local authority pursuant to section 717B.5.
3. “Animal mistreatment” means an act described as animal abuse as provided in section 717B.2, animal neglect as provided in section 717B.3, animal torture as provided in section 717B.3A, abandonment of a cat or dog as provided in section 717B.8, or injury to or interference with a police service dog as provided in section 717B.9.
4. Unless the context otherwise requires, “book”, “list”, “record”, or “schedule” kept by a county auditor, assessor, treasurer, recorder, sheriff, or other county officer means the county system as defined in section 445.1.
5. “Commercial establishment” means a commercial establishment as defined in section 162.2 that is operating under a valid authorization issued or renewed under section 162.2A.
6. a. “Convicted” means the entry of a judgment of conviction under chapter 901 or adjudicated delinquent for an act which is an indictable offense in this state or in another state under chapter 232.
b. “Convicted” does not mean a plea, sentence, adjudication, deferred sentence, or deferred judgment which has been reversed or otherwise set aside.
7. “Department” means the department of agriculture and land stewardship.
8. “Dispositional expenses” means expenses incurred by a local authority in rescuing an animal as provided in section 717B.5, maintaining the animal until the conclusion of a dispositional proceeding as provided in section 717B.4, or disposing of the animal as provided in section 717B.4.
9. “Euthanasia” means the same as defined in section 162.2.
10. “Injury” means an animal's disfigurement; the impairment of an animal's health; or an impairment to the functioning of an animal's limb or organ, including physical damage or harm to an animal's muscle, tissue, organs, bones, hide, or skin.
11. “Law enforcement officer” means a regularly employed member of a police force of a city or county, including a sheriff, who is responsible for the prevention and detection of crime and the enforcement of the criminal laws of this state.
12. “Local authority” means a city as defined in section 362.2 or a county as provided in chapter 331.
13. “Maintenance” means to provide on-site or off-site care to neglected animals.
14. “Responsible party” means a person who owns or maintains an animal.
15. “Serious injury” means an injury that constitutes an animal's protracted or permanent disfigurement, the protracted or permanent impairment of an animal's health, the protracted or permanent impairment of the functioning of an animal's limb or organ, or the loss of an animal's limb or organ.
16. “Threatened animal” means an animal that is abused as provided in section 717B.2, neglected as provided in section 717B.3, or tortured as provided in section 717B.3A.
17. “Veterinarian” means a veterinarian licensed pursuant to chapter 169 who practices veterinary medicine in this state.
Credits
Added by Acts 1994 (75 G.A.) ch. 1103, § 12. Amended by Acts 2000 (78 G.A.) ch. 1148, § 1; Acts 2002 (79 G.A.) ch. 1119, §§ 200, 201; Acts 2002 (79 G.A.) ch. 1119, § 201; Acts 2002 (79 G.A.) ch. 1130, § 2; Acts 2013 (85 G.A.) ch. 90, H.F. 556, § 201; Acts 2020 (88 G.A.) ch. 1111, H.F. 737, §§ 3, 4, eff. July 1, 2020.
717B.2. Animal abuse—penalties
1. A person commits animal abuse when the person intentionally, knowingly, or recklessly acts to inflict injury, serious injury, or death on an animal by force, violence, or poisoning.
2. This section shall not apply to any of the following:
a. An owner of the animal, or a person acting with the consent of the owner, who euthanizes an animal in a reasonable manner, if at the time of the euthanasia, the animal is in a state of permanent pain or suffering.
b. A person acting to carry out an order issued by a court.
c. A veterinarian practicing veterinary medicine as provided in chapter 169.
d. A person acting in order to carry out another provision of law which allows the conduct.
e. A person taking, hunting, trapping, or fishing for a wild animal as provided in chapter 481A.
f. A person acting to protect the person's property from a wild animal as defined in section 481A.1.
g. A person acting to protect a person from injury or death caused by a wild animal as defined in section 481A.1.
h. A person reasonably acting to protect the person's property from damage caused by an unconfined animal.
i. A person reasonably acting to protect a person from injury or death caused by an unconfined animal.
j. A local authority reasonably acting to destroy an animal, if at the time of the destruction, the owner of the animal is absent or unable to care for the animal, and the animal is permanently distressed by disease or injury to a degree that would result in severe and prolonged suffering.
k. A research facility, as defined in section 162.2, if the research facility has been issued or renewed a valid authorization by the department pursuant to chapter 162, and performs functions within the scope of accepted practices and disciplines associated with the research facility.
l. An act required to be carried out by a commercial establishment to care for an animal in its possession or under its control as described in section 162.10A, subsection 1, provided that the commercial establishment complies with applicable standard of care requirements pursuant to subsections 1 and 2 of that section.
3. A person who commits animal abuse that causes injury, other than serious injury or death, to an animal is guilty of a serious misdemeanor.
4. A person who commits animal abuse that causes serious injury or death to an animal is guilty of an aggravated misdemeanor.
5. Notwithstanding subsection 4, a person who commits animal abuse that causes serious injury or death to an animal is guilty of a class “D” felony if the person has previously been convicted of committing animal abuse pursuant to this section, animal neglect punishable as a serious misdemeanor or aggravated misdemeanor pursuant to section 717B.3, animal torture pursuant to section 717B.3A, injury to or interference with a police service dog pursuant to section 717B.9, bestiality pursuant to section 717C.1, or an act involving a contest event prohibited in section 717D.2.
Credits
Added by Acts 1994 (75 G.A.) ch. 1103, § 13. Amended by Acts 2008 (82 G.A.) ch. 1058, S.F. 2177, § 20; Acts 2020 (88 G.A.) ch. 1111, H.F. 737, § 5, eff. July 1, 2020.
717B.3. Animal neglect—penalties
1. A person commits animal neglect when the person owns or has custody of an animal, confines that animal, and fails to provide the animal with any of the following conditions for the animal's welfare:
a. Access to food in an amount and quality reasonably sufficient to satisfy the animal's basic nutrition level to the extent that the animal's health or life is endangered.
b. Access to a supply of potable water in an amount reasonably sufficient to satisfy the animal's basic hydration level to the extent that the animal's health or life is endangered. Access to snow or ice does not satisfy this requirement.
c. Sanitary conditions free from excessive animal waste or the overcrowding of animals to the extent that the animal's health or life is endangered.
d. Ventilated shelter reasonably sufficient to provide adequate protection from the elements and weather conditions suitable for the age, species, and physical condition of the animal so as to maintain the animal in a state of good health to the extent that the animal's health or life is endangered. The shelter must protect the animal from wind, rain, snow, or sun and have adequate bedding to provide reasonable protection against cold and dampness. A shelter may include a residence, garage, barn, shed, or doghouse.
e. Grooming, to the extent it is reasonably necessary to prevent adverse health effects or suffering.
f. Veterinary care deemed necessary by a reasonably prudent person to relieve an animal's distress from any of the following:
(1) A condition caused by failing to provide for the animal's welfare as described in this subsection.
(2) An injury or illness suffered by the animal causing the animal to suffer prolonged pain and suffering.
2. This section does not apply to any of the following:
a. A person issued or renewed an authorization to operate a commercial establishment, or a person acting under the direction or supervision of that person, if all of the following apply:
(1) The animal, as described in subsection 1, was maintained as part of the commercial establishment's operation.
(2) In providing conditions for the welfare of the animal, as described in subsection 1, the person complied with the standard of care requirements provided in section 162.10A, subsection 1, including any applicable rules adopted by the department applying to any of the following:
(a) A state licensee or registrant operating pursuant to section 162.10A, subsection 2, paragraph “a”.
(b) A permittee operating pursuant to section 162.10A, subsection 2, paragraph “b”.
b. A research facility, as defined in section 162.2, if the research facility has been issued or renewed a valid authorization by the department pursuant to chapter 162, and performs functions within the scope of accepted practices and disciplines associated with the research facility.
3. A person who commits animal neglect that does not cause injury, serious injury, or death to an animal is guilty of a simple misdemeanor.
4. A person who commits animal neglect that causes injury, other than serious injury or death, to an animal is guilty of a serious misdemeanor.
5. A person who commits animal neglect that causes serious injury or death to an animal is guilty of an aggravated misdemeanor.
6. Notwithstanding subsection 5, a person who commits animal neglect that causes serious injury or death to an animal is guilty of a class “D” felony if the person has been previously convicted of animal abuse pursuant to section 717B.2, animal neglect punishable as a serious misdemeanor or aggravated misdemeanor pursuant to this section, animal torture pursuant to section 717B.3A, injury to or interference with a police service dog pursuant to section 717B.9, bestiality pursuant to section 717C.1, or an act involving a contest event prohibited in section 717D.2.
Credits
Added by Acts 1994 (75 G.A.) ch. 1103, § 14. Amended by Acts 1995 (76 G.A.) ch. 49, § 25; Acts 2008 (82 G.A.) ch. 1058, S.F. 2177, § 21; Acts 2014 (85 G.A.) ch. 1092, H.F. 2423, § 147, eff. July 1, 2014; Acts 2020 (88 G.A.) ch. 1111, H.F. 737, § 6, eff. July 1, 2020; Acts 2024 (90 G.A.) ch. 1177, H.F. 2641, § 20, eff. July 1, 2024.
717B.3A. Animal mistreatment—animal torture—penalties
1. A person is guilty of animal torture if the person intentionally or knowingly inflicts on an animal severe and prolonged or repeated physical pain that causes the animal's serious injury or death.
2. This section shall not apply to any of the following:
a. A person acting to carry out an order issued by a court.
b. A veterinarian practicing veterinary medicine as provided in chapter 169.
c. A person acting in order to carry out another provision of law which allows the conduct.
d. A person taking, hunting, trapping, or fishing for a wild animal as provided in chapter 481A.
e. A person acting to protect the person's property from a wild animal as defined in section 481A.1.
f. A person acting to protect a person from bodily harm or death caused by a wild animal as defined in section 481A.1.
g. A person acting reasonably to protect the person's property from damage caused by an unconfined animal.
h. A person acting reasonably to protect a person from bodily harm or death caused by an unconfined animal.
i. A local authority acting reasonably to euthanize an animal, if at the time of the euthanasia, the owner of the animal is absent or unable to care for the animal, and the animal is permanently distressed by disease or injury to a degree that would result in severe and prolonged suffering.
j. A research facility, as defined in section 162.2, if the research facility has been issued or renewed a valid authorization by the department pursuant to chapter 162, and the research facility performs functions within the scope of accepted practices and disciplines associated with the research facility.
k. An act required to be carried out by a commercial establishment to care for an animal in its possession or under its control as described in section 162.10A, subsection 1, provided that the commercial establishment complies with applicable standard of care requirements pursuant to subsections 1 and 2 of that section.
3. The juvenile court shall have exclusive original jurisdiction in a proceeding concerning a child who is alleged to have committed animal torture, in the manner provided in section 232.8. The juvenile court shall not waive jurisdiction in a proceeding concerning such an offense alleged to have been committed by a child under the age of seventeen.
4. A person who commits animal torture is guilty of an aggravated misdemeanor.
5. Notwithstanding subsection 4, a person who commits animal torture is guilty of a class “D” felony if the person has previously been convicted of committing animal abuse pursuant to section 717B.2, animal neglect punishable as a serious misdemeanor or aggravated misdemeanor pursuant to section 717B.3, animal torture pursuant to this section, injury to or interference with a police service dog pursuant to section 717B.9, bestiality pursuant to section 717C.1, or an act involving a contest event prohibited in section 717D.2.
Credits
Added by Acts 2000 (78 G.A.) ch. 1152, § 3. Amended by Acts 2008 (82 G.A.) ch. 1058, S.F. 2177, § 22; Acts 2020 (88 G.A.) ch. 1111, H.F. 737, § 7, eff. July 1, 2020.
717B.3B. Animal mistreatment—court order—evaluation and treatment
1. At the time of a person's conviction for committing a public offense constituting animal mistreatment, a court may enter an order requiring the person to undergo a psychological or psychiatric evaluation and to undergo any treatment that the court determines to be appropriate after due consideration of the evaluation.
2. Notwithstanding subsection 1, the court shall enter an order described in that subsection, if the convicted person is any of the following:
a. A juvenile.
b. An adult convicted of animal abuse punishable as an aggravated misdemeanor or class “D” felony pursuant to section 717B.2, animal neglect punishable as an aggravated misdemeanor or class “D” felony pursuant to section 717B.3, or animal torture pursuant to section 717B.3A.
3. The costs of undergoing a psychological or psychiatric evaluation and undergoing any treatment ordered by the court shall be borne by the convicted person, unless the person is a juvenile.
4. An order made under this section is in addition to any other order or sentence of the court.
5. Any violation of the court order shall be punished as contempt of court pursuant to chapter 665.
Credits
Added by Acts 2020 (88 G.A.) ch. 1111, H.F. 737, § 8, eff. July 1, 2020.
717B.4. Dispositional proceedings
1. Upon a petition brought by a local authority, a court in the county where an animal is maintained by a responsible party or a local authority shall determine if the animal is a threatened animal and order its disposition after a hearing.
a. The matter shall be heard within ten days from the filing of the petition for disposition by the local authority.
b. If the animal has been rescued, the court may order that the animal be placed under the custody of the local authority and maintained in the same manner as a rescued animal under section 717B.5.
c. The court may continue the hearing for up to thirty days upon petition by the responsible party. However, the court shall not grant a continuance unless the animal is maintained by the local authority. The responsible party must post a bond or other security with the local authority as a condition of the continuance. The amount of the bond or other security shall be determined by the court, which shall not be more than the amount sufficient to provide maintenance of the animal for thirty days. The court may grant a subsequent continuance upon petition by the responsible party. The continuance shall be for not more than thirty days. The responsible party must post a new bond or security as a condition of the subsequent continuance in the same manner as the original bond or security or as otherwise ordered by the court. However, the court shall order the immediate disposition of the animal if the animal is permanently distressed by disease or injury to a degree that would result in severe or prolonged suffering.
2. The hearing to determine if the animal is a threatened animal for purposes of disposition shall be a civil proceeding. If the case is related to a criminal proceeding, the disposition shall not be part of that proceeding and shall not be considered a criminal penalty imposed on a person found in violation of this chapter.
3. If the court determines that an animal is not a threatened animal, the court shall order that the animal be returned to the custody of the responsible party. If the court determines that an animal is a threatened animal, the court shall order the local authority to dispose of the threatened animal in any manner deemed appropriate for the welfare of the animal. In addition, all of the following apply:
a. The court may order the responsible party to pay an amount which shall not be more than the dispositional expenses incurred by the local authority. The court may also award the local authority court costs, reasonable attorney fees and expenses related to the investigation and prosecution of the case, which shall be taxed as part of the costs of the action.
b. If a bond or other security was posted as a condition for a continuance of a disposition hearing as provided in this section, the local authority may use the posted amount to offset the local authority's dispositional expenses.
c. If any moneys are realized from the disposition of a threatened animal, the moneys shall be used to offset the local authority's dispositional expenses before satisfying indebtedness secured by any security interest in or lien on the threatened animal.
d. If the threatened animal is owned by more than one responsible party, the amount required to offset the local authority's dispositional expenses shall be prorated among the responsible parties based on the percentage of interest owned in the threatened animal attributable to the responsible parties as the threatened animal's titleholders. For purposes of this paragraph, a responsible party who does not own an interest in the threatened animal shall be deemed to be an owner holding a percentage interest in the animal equal to the largest percentage interest held by a landowner who is attributed an interest as the threatened animal's titleholder. If the responsible party is a landowner, the local authority may submit the amount to reimburse the local authority for its dispositional expenses to the clerk of the county board of supervisors who shall report the amount to the county treasurer. If the threatened animal is owned by more than one landowner, the amount shall be prorated among the landowners based on the percentage of interest owned in the threatened animal attributable to each landowner as the animal's titleholders. The amount shall be placed upon the tax books, and collected with interest and penalties after due, in the same manner as other unpaid property taxes. The county shall reimburse a city within thirty days from the collection of the property taxes.
4. A threatened animal that is ordered by a court to be destroyed under this section shall be destroyed only by euthanasia as defined in section 162.2.
CREDIT(S)
Added by Acts 1994 (75 G.A.) ch. 1103, § 15. Amended by Acts 2002 (79 G.A.) ch. 1130, § 3.
717B.5. Rescue of threatened animals
A local authority may provide for the rescue of an animal as follows:
1. The rescue must be made by a law enforcement officer having cause to believe that the animal is a threatened animal after consulting with a veterinarian licensed pursuant to chapter 169. The law enforcement officer may rescue the animal by entering on public or private property, as provided in this subsection. The officer may enter onto property of a person to rescue the animal if the officer obtains a search warrant issued by a court, or enters onto the premises in a manner consistent with the laws of this state and the United States, including Article I, section 8, of the Constitution of the State of Iowa, or the fourth amendment to the Constitution of the United States.
2. a. If an animal is rescued pursuant to this section, the local authority shall provide for the maintenance of the animal. The local authority may contract with an animal care provider for the maintenance of the animal. The local authority shall provide the responsible party for the animal with notice of the rescue. The notice may be accomplished by doing any of the following:
(1) Delivering written notice to the responsible party's last known address by the United States postal service or personal service.
(2) Posting a notice in a conspicuous place at the location where the animal was rescued.
b. The notice shall state that the animal has been rescued by the local authority pursuant to this section.
3. Within ten days after the date that an animal is rescued, the local authority shall initiate a dispositional proceeding pursuant to section 717B.4.
4. The local authority shall pay the animal care provider for the animal's maintenance regardless of proceeds received from the disposition of the animal or any reimbursement ordered by a court, pursuant to section 717B.4.
Credits
Added by Acts 1994 (75 G.A.) ch. 1103, § 16. Amended by Acts 2002 (79 G.A.) ch. 1130, § 4; Acts 2013 (85 G.A.) ch. 30, H.F. 417, § 261.
717B.6. Destruction and disposition of wild animals
A person may humanely destroy a wild animal as defined in section 481A.1, if the wild animal is permanently distressed by injury or disease to a degree that results in severe and prolonged suffering. The destroyed animal shall be subject to disposition as provided by rules adopted by the natural resource commission pursuant to chapter 17A.
CREDIT(S)
Added by Acts 1994 (75 G.A.) ch. 1103, § 17.
717B.7. Repealed by Acts 2002 (79 G.A.) ch. 1130, § 10
717B.8. Abandonment of cats and dogs--penalties
1. A person commits animal abandonment if the person owns or has custody of a cat or dog and relinquishes all rights in and duties to care for the cat or dog.
2. This section does not apply to any of the following:
a. The delivery of a cat or dog to another person who will accept ownership and custody of the cat or dog.
b. The delivery of a cat or dog to an animal shelter or pound as defined in section 162.2 that has been issued or renewed a valid authorization by the department under chapter 162.
c. A person who relinquishes custody of a cat at a location in which the person does not hold a legal or equitable interest, if previously the person had taken custody of the cat at the same location and provided for the cat's sterilization by a veterinarian.
3. a. A person who commits animal abandonment that does not cause injury or death to an animal is guilty of a simple misdemeanor.
b. A person who commits animal abandonment that causes injury other than serious injury or death to an animal is guilty of a serious misdemeanor.
c. A person who commits animal abandonment that causes serious injury or death to an animal is guilty of an aggravated misdemeanor.
Credits
Added by Acts 1994 (75 G.A.) ch. 1103, § 19. Amended by Acts 2020 (88 G.A.) ch. 1111, H.F. 737, § 9, eff. July 1, 2020.
717B.9. Injury or interference with a police service dog
1. A person who knowingly, and willfully or maliciously torments, strikes, administers a nonpoisonous desensitizing substance to, or otherwise interferes with a police service dog, without inflicting serious injury on the dog, commits a serious misdemeanor.
2. A person who knowingly, and willfully or maliciously does any of the following commits a class "D" felony:
a. Tortures a police service dog.
b. Injures, so as to disfigure or disable, a police service dog.
c. Sets a booby trap device for purposes of injuring, so as to disfigure or disable, or killing a police service dog.
d. Pays or agrees to pay a bounty for purposes of injury, so as to disfigure or disable, or killing a police service dog.
e. Kills a police service dog.
f. Administers poison to a police service dog.
3. As used in this section, "police service dog" means a dog used by a peace officer or correctional officer in the performance of the officer's duties, whether or not the dog is on duty.
4. This section does not apply to a peace officer or veterinarian who terminates the life of such a dog for the purpose of relieving the dog of undue pain or suffering, or to a person who justifiably acts in defense of self or another.
CREDIT(S)
Added by Acts 1994 (75 G.A.) ch. 1103, § 20. Amended by Acts 1995 (76 G.A.) ch. 107, § 1.
Title XVI. Criminal Law and Procedure. Subtitle 1. Crime Control and Criminal Acts. Chapter 717C. Bestiality.
1. For purposes of this section:
a. “Animal” means any nonhuman vertebrate, either dead or alive.
b. “Sex act” means any of the following conduct that is not the practice of veterinary medicine under section 169.3, subsection 13, an accepted animal husbandry livestock management practice under section 169.3, subsection 1, an accepted practice related to the insemination of animals for the purpose of procreation, or an accepted practice related to conformation judging:
(1) An act between a person and an animal involving physical contact between the sex organ, genitals, or anus of one and the mouth, sex organ, genitals, or anus of the other.
(2) Any touching or fondling by a person, either directly or through clothing, of the sex organ, genitals, or anus of an animal or any insertion, however slight, of any part of a person's body or any object into the vaginal or anal opening of an animal except for veterinarian advised care of the animal.
(3) Any insertion, however slight, of any part of an animal's body into the vaginal or anal opening of a person.
(4) Advertising, offering, selling, transferring, purchasing, or otherwise obtaining an animal with the intent that the animal be used for sexual contact in this state.
(5) Organizing, promoting, conducting, or participating as an observer of an act involving conduct described in subparagraph (1), (2), or (3).
(6) Knowingly permits conduct described in subparagraph (1), (2), or (3) to occur in any premises under the person's ownership or control.
(7) Photographing or filming obscene material, as defined in section 728.1, depicting a person engaging in conduct described in subparagraph (1), (2), or (3).
(8) Distributing, selling, publishing, or transmitting obscene material, as defined in section 728.1, depicting a person engaged in conduct described in subparagraph (1), (2), or (3).
(9) Possessing with the intent to distribute, sell, publish, or transmit obscene material, as defined in section 728.1, depicting a person engaged in conduct described in subparagraph (1), (2), or (3).
(10) Forcing, coercing, enticing, or encouraging a minor to engage in conduct described in subparagraph (1), (2), or (3).
(11) Engaging in a sex act in the presence of a minor.
2. a. A person who performs a sex act with an animal is guilty of an aggravated misdemeanor.
b. A person who commits a second or subsequent violation of this section is guilty of a class “D” felony.
c. A person previously convicted of a violation of section 717B.2, 717B.3, 717B.3A, or 717B.3B who commits a violation of this section is guilty of a class “D” felony.
3. Upon a conviction for a violation of this section, and in addition to any sentence authorized by law, the court shall require the person to submit to a psychological evaluation and treatment at the person's expense.
Credits
Added by Acts 2001 (79 G.A.) ch. 131, § 3. Amended by Acts 2024 (90 G.A.) ch. 1037, H.F. 2318, §§ 1, 2, eff. July 1, 2024.
Title XVI. Criminal Law and Procedure. Subtitle 1. Crime Control and Criminal Acts. Chapter 717D. Animal Contest Events.
1. “Animal” means a nonhuman vertebrate.
2. “Contest device” means equipment designed to enhance an animal's entertainment value during training or a contest event, including a device to improve the contest animal's competitiveness. A contest device includes but is not limited to an implement designed to be attached in place of a natural spur of a cock or other fighting bird in order to enhance the bird's fighting ability, and which is commonly referred to as a spur or gaff.
3. “Contest event” means a function organized for the entertainment or profit of spectators where an animal is injured, tormented, or killed, including but not limited to a bull involved in a bullfight or bull baiting, a bear involved in bear baiting, a chicken involved in cock fighting, or a dog involved in dog fighting.
4. “Establishment” means the location where a contest event occurs or is to occur, regardless of whether an animal is present at the establishment or the contest animal is witnessed by means of an electronic signal transmitted to the location.
5. “Livestock” means the same as defined in section 717.1.
6. “Local authority” means the same as defined in section 717B.1.
7. “Promoter” means a person who charges admission for entry into an establishment or organizes, holds, advertises, or otherwise conducts a contest event.
8. “Spectator” means a person who attends an establishment knowingly to watch or observe a contest event.
9. “Trainer” means a person who trains an animal for purposes of engaging in a contest event, regardless of where the contest event is located. A trainer includes a person who uses a contest device.
10. “Transporter” means a person who moves an animal for delivery to a training location or a contest event location.
CREDIT(S)
Added by Acts 2002 (79 G.A.) ch. 1130, § 5. Amended by Acts 2003 (80 G.A.) ch. 108, § 114; Acts 2004 (80 G.A.) ch. 1056, §§ 3, 4, eff. April 9, 2004; Acts 2008 (82 G.A.) ch. 1135, S.F. 2203, § 1.
717D.2. Prohibitions--contest events
1. Own or operate an establishment located in this state in which a contest event occurs or is to occur.
2. Act as a promoter of a contest event, regardless of whether the contest event occurs in this state or another state. For purposes of this subsection, a person who aids, abets, or assists in the promotion of a contest event shall be deemed to act as a promoter.
3. Possess or own an animal engaged or to be engaged in a contest event conducted in this state or another state.
4. Be a party to a commercial transaction for the transfer of an animal engaged or to be engaged in a contest event conducted in this state or another state, including but not limited to a transaction by purchase or sale, barter, trade, or an offer involving such a transaction.
5. Act as a trainer of an animal engaged or to be engaged in a contest event conducted in this state or another state. For purposes of this subsection, a person who aids, abets, or assists in the training of an animal engaged or to be engaged in a contest event shall be deemed to act as a trainer.
6. Possess, own, or manufacture a contest device.
7. Be a party to a commercial transaction for the transfer of a contest device, including but not limited to a transaction by purchase or sale, barter, trade, or an offer involving such a transaction.
8. Act as a transporter moving an animal engaged or to be engaged in a contest event in this state.
9. Gambling at a contest event conducted in this state, including but not limited to wagering on the outcome of a contest involving animals.
10. Act as a spectator of a contest event conducted in this state, regardless of whether the person paid admission to witness the contest event.
CREDIT(S)
Added by Acts 2002 (79 G.A.) ch. 1130, § 6. Amended by Acts 2004 (80 G.A.) ch. 1056, §§ 5, 6, eff. April 9, 2004; Acts 2008 (82 G.A.) ch. 1135, S.F. 2203, § 2.
b. A fair event as defined in section 174.1.
c. A rodeo or rodeo event.
d. A 4-H function.
e. A hunting or fishing party.
f. A field meet or trial in which the skill of dogs is demonstrated in pointing, retrieving, trailing, or chasing any game bird, game animal, or fur-bearing animal.
g. The raising or selling of game or fur-bearing animals as provided in chapter 481A.
b. An action by a licensed veterinarian practicing veterinary medicine as provided in chapter 169.
c. An action that is consistent with animal husbandry practices.
d. An action allowed in order to carry out another provision of law which allows the action.
e. The taking, hunting, trapping, or fishing for a wild animal as provided in chapter 481A.
f. An action to protect the person's property from a wild animal as defined in section 481A.1.
g. An action to protect a person from injury or death caused by a wild animal as defined in section 481A.1.
h. A person reasonably acting to protect the person's property from damage caused by an unconfined animal.
i. A person reasonably acting to protect a person from injury or death caused by an unconfined animal.
j. A local authority reasonably acting to destroy an animal if, at the time of the destruction, the owner of the animal is absent or unable to care for the animal, and the animal is permanently distressed by disease or injury to a degree that would result in severe and prolonged suffering.
k. A research facility, as defined in section 162.2, provided that the research facility performs functions within the scope of accepted practices and disciplines associated with the research facility.
Added by Acts 2002 (79 G.A.) ch. 1130, § 7. Amended by Acts 2004 (80 G.A.) ch. 1019, § 31; Acts 2008 (82 G.A.) ch. 1058, S.F. 2177, § 23.
2. A person who violates section 717D.2, subsection 10, by acting as a spectator of a contest event conducted in this state commits the following:
b. A class “D” felony for a second or subsequent offense.
Added by Acts 2002 (79 G.A.) ch. 1130, § 8. Amended by Acts 2004 (80 G.A.) ch. 1056, § 7, eff. April 9, 2004; Acts 2008 (82 G.A.) ch. 1135, S.F. 2203, § 3.
717D.5. Confiscation and disposition of animals
1. A local authority may confiscate an animal that is involved in a violation of section 717D.2. An animal that is livestock shall be considered neglected and may be rescued and disposed of as provided in section 717.5. An animal which is not livestock shall be considered threatened and rescued and disposed of as provided in section 717B.4.
2. If an animal that is involved in a violation of section 717D.2 is not rescued and disposed of pursuant to section 717.5 or 717B.4, it shall be forfeited to the state and subject to disposition as ordered by the court. In addition, the court shall order the owner of the animal to pay an amount which shall not be more than the expenses incurred in maintaining or disposing of the animal. The court may also order that the person pay reasonable attorney fees and expenses related to the investigation of the case that shall be taxed as other court costs. If more than one person has a divisible interest in the animal, the amount required to be paid shall be prorated based on the percentage of interest in the animal owned by each person. The moneys shall be paid to the local authority incurring the expense. The amount shall be subtracted from proceeds which are received from the sale of the animal ordered by the court.
Added by Acts 2002 (79 G.A.) ch. 1130, § 9. Amended by Acts 2004 (80 G.A.) ch. 1056, § 8, eff. April 9, 2004.
Title XVI. Criminal Law and Procedure. Subtitle 1. Crime Control and Criminal Acts. Chapter 717E. Pets as Prizes.
As used in this chapter, unless the context otherwise requires:
1. "Advertise" means to present a commercial message in any medium including but not limited to print, radio, television, sign, display, label, tag, or articulation.
2. "Business" means any enterprise relating to any of the following:
a. The sale or offer for sale of goods or services.
b. A recruitment for employment or membership in an organization.
c. A solicitation to make an investment.
d. An amusement or entertainment activity.
3. "Fair" means any of the following:
a. The annual fair and exposition held by the Iowa state fair board pursuant to chapter 173 or any fair event conducted by a fair under the provisions of chapter 174.
b. An exhibition of agricultural or manufactured products.
c. An event for operation of amusement rides or devices or concession booths.
4. "Game" means a game of chance or game of skill as defined in section 99B.1.
5. "Pet" means a living animal which is limited to a dog, cat, or an animal normally maintained in a small tank or cage in or near a residence, including but not limited to a rabbit, gerbil, hamster, mouse, parrot, canary, mynah, finch, tropical fish, goldfish, snake, turtle, gecko, or iguana.
Added by Acts 2004 (80 G.A.) ch. 1109, § 1. Amended by Acts 2004 (80 G.A.) ch. 1175, § 391.
A person is guilty of a simple misdemeanor if the person awards a pet or advertises that a pet may be awarded as any of the following:
1. A prize for participating in a game.
2. A prize for participating in a fair.
3. An inducement or condition for visiting a place of business or attending an event sponsored by a business.
4. An inducement or condition for executing a contract which includes provisions unrelated to the ownership, care, or disposition of the pet.
CREDIT(S)
Added by Acts 2004 (80 G.A.) ch. 1109, § 2. Amended by Acts 2006 (81 G.A.) ch. 1030, S.F. 2253, § 81.
This chapter shall not apply to any of the following:
1. A pet shop licensed pursuant to section 162.5 if the award of a pet is provided in connection with the sale of a pet on the premises of the pet shop.
2. Youth programs associated with 4-H clubs; future farmers of America; the Izaak Walton league of America; or organizations associated with outdoor recreation, hunting, or fishing including but not limited to the Iowa sportsmen's federation.
Added by Acts 2004 (80 G.A.) ch. 1109, § 3.