Last Updated: 11/29/03
TN Abuse laws
Animal Cruelty and Neglect:
TN State Law (TCA) 39-14-202.1
It shall be unlawful for any person to torment, maim or grossly overwork an animal.
TN State Law (TCA) 39-14-202.2
It shall be unlawful for any person to fail unreasonably to provide necessary food, water, care or shelter for an animal in the person’s custody.
TN State Law (TCA) 39-14-202.3
It shall be unlawful for any person to abandon unreasonably an animal in the person’s custody.
TN State Law (TCA) 39-14-202.4
It shall be unlawful for any person to transport or confine cruelly an animal in the person’s custody.
TN State Law (TCA) 44-17-4
It shall be unlawful for any person to act as a pet dealer or operate a kennel or animal shelter unless such person has a valid license issued by the department of health.
TN State Law (TCA) 44-8-408
It shall be unlawful for any person to allow an animal in the person’s custody or a dog belonging to or under the control of such person, or may be habitually found on premises occupied by that person, to go upon the premises of another or upon a public road or street.
TN State Law (TCA) 68-8-101
It shall be unlawful for any person to own, keep or harbor any dog or animal without having the same duly vaccinated against rabies and duly registered.
TENN. CODE ANN. §§ 39-14-201 et seq. -- last amended 1997
Definition of Animal: A domesticated living creature or a wild
creature previously captured.
Statute Summary: A person commits the crime of cruelty to animals if the person:
Intentionally or knowingly tortures, maims, grossly overworks,
fails to provide necessary food, water, care or shelter for an
animal, abandons, transports in a cruel manner, inflicts burns,
cuts, lacerations, or other injuries or pain to any animal by any
method including blistering compounds to the legs or hooves of
horses.
Cruelty to animals.
Class A Misdemeanor.
Fine up to $2500.
11 months, 29 days to 30 years imprisonment.
Intentional killing of animals.
Classification of crime defined in statute (ranges from Class A
Misdemeanor to Class B Misdemeanor.).
$2500 to $25,000 fine.
Imprisonment up to 11 months, 29 days.
Forfeiture of Animal/Seizure: Both
Other Sentencing Provisions: Cost of care, limited future animal
ownership.
Unique Provisions: Trier of fact can award up to $4,000 in
non-economic damages to a person whose companion animal is killed or sustained injury.
Exemptions: Farming, research, veterinary care, protection of life
and property.
39-14-201. Definitions for animal offenses
As used in this part, unless the context otherwise requires
(1) "Animal" means a domesticated living creature or a wild creature previously captured;
(2) "Livestock" means all equine as well as animals which are being raised primarily for use as food or fiber for human utilization or consumption including, but not limited to, cattle, sheep, swine, goats, and poultry;
(3) "Non-livestock animal" means a pet normally maintained in or near the household(s) of its owner(s), other domesticated animal, previously captured wildlife, an exotic animal, or any other pet, including but not limited to, pet rabbits, a pet chick, duck, or pot bellied pig that is not classified as "livestock" pursuant to this part; and
(4) "Torture" means every act, omission, or neglect whereby unreasonable physical pain, suffering, or death is caused or permitted, but nothing herein shall be construed as prohibiting the shooting of birds or game for the purpose of human food or the use of animate targets by incorporated gun clubs
Acts 1989, ch. 591, § 1; 1997, ch. 90, §§ 2, 5
National Animal Abuse Laws:
Various States animal cruelty parameters
State Legislature on Animal Cruelty
Alaska
ALASKA STAT. §§ 11.61.140 et seq. -- last amended 1998
Definition of Animal: A vertebrate living creature not a human being, but does not include fish.
Statute Summary: A person commits the crime of cruelty to animals if the person:
Knowingly inflicts severe physical pain or suffering; or with criminal negligence fails to care for an animal and causes
its death or severe pain or prolonged suffering.
· Cruelty to animals.
o Class A Misdemeanor
o Fine up to $5000.
o Imprisonment up to 1 year.
Forfeiture of Animal/Seizure: Neither
Other Sentencing Provisions: Community service, restitution.
Exemptions: Farming, hunting, research, training, or veterinary care.
Arkansas
ARK. CODE ANN. §§ 5-62-101 et seq. -- last amended 2001
Definition of Animal: Every living creature.
Statute Summary: A person commits the crime of cruelty to animals if the person:
Knowingly abandons any animal, subjects it to cruel mistreatment or cruel neglect, or kills or injures an animal without
the owner's consent.
· Cruelty to animals.
o Class A Misdemeanor
o Fine up to $1000.
o Imprisonment up to 1 year.
Forfeiture of Animal/Seizure: Seizure
Other Sentencing Provisions: Cost of care, counseling.
Exemptions: Hunting, livestock protection.
Colorado
COLO. REV. STAT. §§ 18-9-201 et seq. -- last amended 1997
Definition of Animal: Any living dumb creature.
Statute Summary: A person commits the crime of cruelty to animals if the person:
Knowingly or with criminal negligence overdrives, overloads, overworks, tortures, torments, deprives of necessary
sustenance, unnecessarily or cruelly beats, needlessly mutilates or kills, carries or confines in a cruel or reckless
manner, fails to provide proper food, drink, or shelter, or abandons any animal. Knowingly or intentionally tortures or
torments an animal that needlessly injures, mutilates, or kills an animal.
· Cruelty to animals.
o Class 1 Misdemeanor
o Fine up to $5000.
o Imprisonment up to 18 months.
Forfeiture of Animal/Seizure: Neither
Other Sentencing Provisions: Anger management, community service, restitution.
Exemptions: Farming, rodeos, veterinary care.
Hawaii
HAW. REV. STAT. §§ 711-1109 et seq. -- last amended
1998
Definition of Animal: Undefined.
Statute Summary: A person commits the crime of cruelty to animals if the person:
Intentionally, knowingly, or recklessly overdrives, overloads, tortures, torments, cruelly beats or starves any animal,
or deprives of necessary sustenance, or mutilates, poisons, or kills without need, or carries in a cruel or inhumane
manner.
· Cruelty to animals.
o Misdemeanor
o Fine up to $2000.
o Imprisonment up to 1 year.
Forfeiture of Animal/Seizure: Both
Other Sentencing Provisions: No.
Exemptions: Research, or veterinary care.
Idaho
IDAHO CODE §§ 25-3502 em>et seq. -- last amended 1996
Definition of Animal: Any vertebrate member of the animal kingdom, except man.
Statute Summary: A person commits the crime of cruelty to animals if the person:
Is cruel to any animal, or causes or procures any animal to be cruelly treated, or abandons, or carries any animal in a
cruel manner; cruelty means the intentional and malicious infliction of pain, physical suffering, injury or death upon
an animal, or to maliciously kill, maim, wound, overdrive, overload, overwork, torture, torment, deprive of necessary
sustenance, drink or shelter, cruelly beat, mutilate or cruelly kill an animal, or needlessly inflict unnecessary
cruelty on an unfit animal, or to abandon, or confine an animal in unsanitary conditions, or fail to provide sustenance,
water, or shelter.
· Cruelty to animals.
o Misdemeanor
o $100 to $5000 fine.
o Imprisonment up to 6 months.
Forfeiture of Animal/Seizure: Both
Other Sentencing Provisions: Cost of care.
Exemptions: Exhibitions, farming, research, veterinary care, protection of life or property, predatory animals, diseased
or disabled animals.
Indiana
IND. CODE §§35-46-3-1 et seq. -- last amended 1998
Definition of Animal: Does not include a human being.
Statute Summary: A person commits the crime of cruelty to animals if the person:
Knowingly or intentionally tortures, beats, or mutilates a vertebrate animal.
· Abandons or neglects animals
o Class B Misdemeanor.
o Fine up to $1000.
o Imprisonment up to 180 days.
· Tortures or mutilates animals.
o Class A Misdemeanor.
o Fine up to $5000.
o Imprisonment up to 1 year.
· Previous, unrelated conviction under §35-46-3-3.
o Class D Felony *
o Fine up to $10,000.
o An additional 1-1/2 years imprisonment.
Forfeiture of Animal/Seizure: Both
Other Sentencing Provisions: Cost of care.
Exemptions: Discipline, protection of person or property, prolonged suffering.
Kansas
KAN. STAT. ANN. §§ 21-4310 et seq. -- last amended 1996
Definition of Animal: Every living vertebrate except a human being.
Statute Summary: A person commits the crime of cruelty to animals if the person:
Intentionally kills, injures, maims, tortures, mutilates, abandons, or fails to provide food, water, or shelter.
· Cruelty to animals
o Class A Nonperson Misdemeanor
o Fine up to $2500.
o Imprisonment up to 1 year.
Forfeiture of Animal/Seizure: Both
Other Sentencing Provisions: Cost of care.
Exemptions: Farming, protection of property, research, rodeos, veterinary practices, hunting/trapping, diseased disabled
animals.
Kentucky
KY. REV. STAT. ANN. §§ 525.125 et seq. -- last amended 1992
Definition of Animal: No.
Statute Summary: A person commits the crime of cruelty to animals if the person:
Intentionally or wantonly causes cruel or injurious mistreatment through abandonment, mutilation, beating, torturing,
tormenting, failing to provide adequate food, drink, space, or health care, or subjects any animal to cruel neglect, or
kills any animal.
· Cruelty to animals.
o Class A Misdemeanor
o Fine up to $500.
o Imprisonment up to 1 year.
Forfeiture of Animal/Seizure: Seizure
Other Sentencing Provisions: No.
Exemptions: Farming, hunting.
Mississippi
MISS. CODE ANN. §§ 97-41-1 et seq. -- last amended 1997
Definition of Animal: Any feline, exotic animal, canine, horse, mule, jack or jennet.
Statute Summary: A person commits the crime of cruelty to animals if the person:
Overrides, overdrives, overloads, tortures, torments, unjustifiably injures, deprives of necessary sustenance, food, or
drink, carries in a cruel manner, poisons, abandons, cruelly beats, needlessly mutilates, or kills any living creature.
· Cruelty to animals.
o Misdemeanor
o Fine up to $1000.
o Imprisonment up to 6 months.
· Malicious injury to dogs.
o Misdemeanor
o Fine up to $1000.
o Imprisonment up to 6 months.
Forfeiture of Animal/Seizure: Both
Other Sentencing Provisions: Cost of care, limited future ownership.
Unique Provisions: Livestock protection.
Exemptions: None
Montana
MONT. CODE ANN. §§ 45-8-209 et seq. -- last amended 1993
Definition of Animal: No.
Statute Summary: A person commits the crime of cruelty to animals if the person:
Knowingly or negligently subjects an animal to mistreatment or neglect by overworking, beating, tormenting, injuring,
killing, carrying in a cruel manner, failing to provide an animal with proper food, drink, shelter, or medical care, or
abandoning a helpless animal.
· Cruelty to animals.
o Classification of crime defined in statute.
o Fine up to $500.
o Imprisonment up to 6 months.
· 2nd or subsequent offense of cruelty to animals.
o Classification of crime defined in statute.
o Fine up to $1000.
o Imprisonment up to 2 years.
Forfeiture of Animal/Seizure: Forfeiture
Other Sentencing Provisions: Cost of care, limited future ownership.
Unique Provisions: Prohibits animal races.
Exemptions: Farming, research, humane euthanization.
Nebraska
NEB. REV. STAT. §§ 28-1008 et seq. -- last amended 1995
Definition of Animal: Any vertebrate member of the animal kingdom.
Statute Summary: A person commits the crime of cruelty to animals if the person:
Abandons, cruelly mistreats, or cruelly neglects an animal.
· Cruelty to animals.
o Class II Misdemeanor
o Fine up to $1000.
o Imprisonment up to 6 months.
· 2nd or subsequent offense of cruelty to animals.
o Class I Misdemeanor
o Fine up to $1000.
o Imprisonment up to 1 year.
Forfeiture of Animal/Seizure: Seizure
Other Sentencing Provisions: Cost of care.
Exemptions: Farming, hunting, research, rodeos, training, veterinary care, humane euthanization, pest control.
Nevada
NEV. REV. STAT. §§ 574.050 et seq. -- last amended 2001
Definition of Animal: Does not include the human race, but includes every other living creature.
Statute Summary: A person commits the crime of cruelty to animals if the person:
Overdrives, overloads, tortures, cruelly beats, unjustifiably injures, maims, mutilates, kills, administers a poisonous
or noxious drug, deprives of or neglects to provide necessary sustenance, food or drink, or abandons an animal.
· Cruelty to animals.
o Misdemeanor
o $200 to $1000 fine.
o 2 days to 6 months imprisonment.
· 2nd offense of cruelty to animals.
o Misdemeanor
o $500 to $1000 fine.
o 10 days - 6 months imprisonment.
· 3rd or subsequent offense of cruelty to animals.
o Category C Felony
o Fine up to $10,000.
o 1 year to 5 years imprisonment.
Forfeiture of Animal/Seizure: Both
Other Sentencing Provisions: Community service, cost of care, psychiatric evaluation and counseling.
Unique Provisions: Poisoning horses, mules, or cattle is a Category C felony.
Exemptions: Rodeos, livestock shows, ranching, hunting, dangerous animals, farming, research.
New Jersey
N.J. REV. STAT. ANN. §§ 4:22.15 et seq. -- last amended 1998
Definition of Animal: Includes the whole brute creation.
Statute Summary: A person commits the crime of cruelty to animals if the person:
Overdrives, overloads, overworks, tortures, torments, deprives of necessary sustenance, carries in a cruel manner,
abandons a sick or disabled animal, cruelly beats or otherwise abuses, needlessly mutilates, or kills a living animal.
· Cruelty to animals
o Disorderly persons offense.
o $250 to $1000 fine.
o Imprisonment up to 6 months.
Forfeiture of Animal/Seizure: Both
Other Sentencing Provisions: Community service, cost of care.
Unique Provisions: Provides for civil remedies.
Exemptions: Farming, exhibitions, equestrian teams, pet shops.
North Dakota
N.D. CENT. CODE §§ 36-21.1-01 et seq. -- last amended 1999
Definition of Animal: Every living animal except the human race.
Statute Summary: A person commits the crime of cruelty to animals if the person:
Overdrives, overloads, tortures, cruelly beats, neglects, carries in a cruel manner, administers a poisonous substance
or noxious drug, or unjustifiably injures, maims, mutilates, or kills any animal or cruelly works it when unfit for
labor; deprives any animal of necessary food, water, or shelter; keeps any animal in an enclosure without exercise or
wholesome change of air; abandons any animal; allows a sick or disabled animal to lie in a public place more than 3
hours after notice; cages an animal for public display unless the cage is of solid material on 3 sides and the
horizontal dimension of the cage is 4 times the length of the caged animal.
· Cruelty to animals.
o Class A Misdemeanor
o $2000 fine.
o 1 year imprisonment.
Forfeiture of Animal/Seizure: Both
Other Sentencing Provisions: Cost of care.
Exemptions: Fairs, zoos.
Ohio
OHIO REV. CODE ANN. §§ 959.01 et seq. -- last amended 1977
Definition of Animal: No.
Statute Summary: A person commits the crime of cruelty to animals if the person:
Tortures, deprives of necessary sustenance, unnecessarily or cruelly beats, needlessly mutilates or kills, or confines
without a sufficient quantity of good wholesome food and water, and access to shelter from wind, rain, snow and direct
sunlight, or carries in a cruel manner.
· Cruelty to animals.
o 2nd Degree Misdemeanor
o Fine up to $750.
o Imprisonment up to 90 days.
· Abandons an animal.
o Minor Misdemeanor
o Fine up to $100.
Forfeiture of Animal/Seizure: Both
Other Sentencing Provisions: Cost of care.
Exemptions: Farming, veterinary care.
Pennsylvania
18 PA. CONS. STAT. § 5511 -- last amended 1995
Definition of Animal: Domestic Animal: Any dog, cat, equine animal, bovine animal, sheep, goat or porcine animal.
Statute Summary: A person commits the crime of cruelty to animals if the person:
Willfully and maliciously kills, maims or disfigures any domestic animal or domestic fowl, administers poison, harasses,
annoys, injures, attempts to injure, molests or interferes with a dog guide; willfully and maliciously kills, maims or
disfigures, or administers any poisonous substance to any zoo animal in captivity; willfully and maliciously kills,
maims, mutilates, tortures or disfigures any dog or cat, or administers any poisonous substance to any dog or cat.
· Cruelty to animals
o Summary Offense.
o $50 to $750 fine.
o Imprisonment up to 90 days
· Killing, maiming or poisoning domestic animal or domestic fowl of another.
o Second Degree Misdemeanor.
o Fine up to $500.
· Killing, maiming or poisoning zoo animals.
o Third Degree Felony.
o Fine up to $15,000.
o Imprisonment up to 7 years.
· Killing, maiming or poisoning dog or cat.
o Second Degree Misdemeanor.
o At least $1000 fine.
o Imprisonment up to 2 years.
· A subsequent offense of Killing, maiming or poisoning dog or cat.
o Third Degree Felony.
o Fine up to $15,000.
o Imprisonment up to 7 years.
Forfeiture of Animal/Seizure: Both
Other Sentencing Provisions: Cost of care.
Unique Provisions: Cropping dogs' ears by licensed veterinarian only.
Exemptions: To protect other domestic animals or fowl, game laws, pest control, farming.
South Dakota
S.D. CODIFIED LAWS §§ 40-1-1 et seq. -- last amended 1991
Definition of Animal: Any mammal, bird, reptile, amphibian or fish, except humans.
Statute Summary: A person commits the crime of cruelty to animals if the person:
Causes an animal unnecessary, unjustifiable or unreasonable physical pain or suffering, including mutilation; fails to
provide food, water, protection from the elements, adequate sanitation and facilities accepted for the type of animal;
keeps any animal which past recovery or suffering or abandons the animal to die; administer or expose poison to an
animal which belongs to another; kills or injures any animal of another; impounds any animal without proper care for
more than 12 hours; inhumanely treats an animal.
· Poison, intentionally kill, and inhumanely treat an animal.
o Class 1 Misdemeanor
o Fine up to $1000.
o Imprisonment up to 1 year.
Forfeiture of Animal/Seizure: Both
Other Sentencing Provisions: Cost of care.
Exemptions: Farming, hunting, protection of life, limb or property, research, veterinary care.
Tennessee
TENN. CODE ANN. §§ 39-14-201 et seq. -- last amended
1997
Definition of Animal: A domesticated living creature or a wild creature previously captured.
Statute Summary: A person commits the crime of cruelty to animals if the person:
Intentionally or knowingly tortures, maims, grossly overworks, fails to provide necessary food, water, care or shelter
for an animal, abandons, transports in a cruel manner, inflicts burns, cuts, lacerations, or other injuries or pain to
any animal by any method including blistering compounds to the legs or hooves of horses.
· Cruelty to animals.
o Class A Misdemeanor.
o Fine up to $2500.
o 11 months, 29 days to 30 years imprisonment.
· Intentional killing of animals.
o Classification of crime defined in statute (ranges from Class A Misdemeanor to Class B Misdemeanor.).
o $2500 to $25,000 fine.
o Imprisonment up to 11 months, 29 days.
Forfeiture of Animal/Seizure: Both
Other Sentencing Provisions: Cost of care, limited future animal ownership.
Unique Provisions: Trier of fact can award up to $4,000 in
non-economic damages to a person whose companion animal is killed or sustained injury.
Exemptions: Farming, research, veterinary care, protection of life and property.
Utah
UTAH CODE ANN. §§ 76-9-301 et seq. -- last amended 1996
Definition of Animal: A live, nonhuman vertebrate creature.
Statute Summary: A person commits the crime of cruelty to animals if the person:
Intentionally, knowingly, recklessly, or with criminal negligence fails to provide necessary food, care, or shelter for
an animal, or abandons, transports in a cruel manner, or injures an animal; tortures, administers poison, or kills an
animal without legal privilege to do so.
· Cruelty to animals (committed intentional or knowingly).
o Class B Misdemeanor.
o Fine up to $1000.
o Imprisonment up to 6 months
· Cruelty to animals (committed recklessly or with criminal negligence).
o Class C Misdemeanor.
o Fine up to $750.
o Imprisonment up to 90 days.
· Aggravated cruelty (committed intentional or knowingly).
o Class A Misdemeanor.
o Fine up to $2500
o Imprisonment up to 1 year.
· Aggravated cruelty (committed recklessly).
o Class B Misdemeanor.
o Fine up to $1000.
o Imprisonment up to 6 months.
· Aggravated cruelty (committed with criminal negligence).
o Class C Misdemeanor.
o Fine up to $750.
o Imprisonment up to 90 days.
Note: Prior convictions allow for increased penalties.
Forfeiture of Animal/Seizure: Both
Other Sentencing Provisions: Cost of care, counseling, limited future animal ownership.
Exemptions: Protection of hoofed and companion animals, hunting, veterinary care, research, humanely destroys an animal
found suffering, training of animals.
West Virginia
W. VA. CODE §§ 61-8-19 et seq. -- last amended 1995
Definition of Animal: No.
Statute Summary: A person commits the crime of cruelty to animals if the person:
Mistreats, abandons or withholds proper sustenance, including food, water, shelter or medical treatment necessary to
sustain normal health or to end suffering, or abandons an animal to die.
· Cruelty to animals.
o Misdemeanor.
o $100 to $1000 fine.
o Imprisonment up to 6 months.
· 2nd or subsequent violation of cruelty to animals.
o Misdemeanor.
o $500 to $1000 fine.
o 90 days to 1 year imprisonment.
Forfeiture of Animal/Seizure: Both
Other Sentencing Provisions: Community service, cost of care, no animal ownership during probation.
Unique Provisions: Prohibits administration of controlled substances to alter performance.
Exemptions: Farming, hunting, training,
Wyoming
WYO. STAT. § 6-3-203 et seq. -- last amended 1994
Definition of Animal: No.
Statute Summary: A person commits the crime of cruelty to animals if the person:
Knowingly overworks, overdrives, overloads, overworks, tortures, torments, deprives of necessary sustenance,
unnecessarily or cruelly beats, injures, mutilates, kills, carries an animal in a cruel manner, fails to provide proper
food, drink or protection from the weather, abandons, fails to provide the animal with appropriate care in the case of
serious illness or injury.
· Cruelty to animals.
o Misdemeanor
o Fine up to $750.
o Imprisonment up to 6 months.
· Aggravated cruelty to animals or 2nd or subsequent offense of cruelty to animals.
o High Misdemeanor
o Fine up to $5000.
o Imprisonment up to 1 year.
Forfeiture of Animal/Seizure: Both
Other Sentencing Provisions: Cost of care, limited future ownership of animals.
Exemptions: Farming, rodeos, use of dogs or raptors in hunting, use of dogs in livestock management, person humanely
destroying an animals, training of dogs and raptors.
Source http://www.api4animals.org/doc.asp?ID=47#States