(6)9.2.2 Animal Neglect in the Second Degree

A person is guilty of Animal Neglect in the Second Degree under this subsection if he or she willfully or as a result of criminal negligence:

(a) owns, possesses, or has custody or control over a domestic animal; and

(b) intentionally or recklessly fails to provide the animal with necessary sustenance, potable water, shelter, or veterinary care; or

(c) abandons or confines the domestic animal under conditions that create a substantial risk of injury, suffering, or death.

(d) This subsection shall not apply to:

• lawful veterinary care, treatment, or euthanasia performed by a licensed professional;
• temporary absence or confinement reasonably necessary for transportation, safety, or lawful activity;
• care or treatment conducted in accordance with accepted farming, agricultural, or animal husbandry practices.

Animal Neglect in the Second Degree is a Class D Felony.