(6)9.1.1 Animal Cruelty in the First Degree

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A person is guilty of Animal Cruelty in the Second Degree under this subsection if he or she willfully:

(a) intentionally or recklessly inflicts physical injury, pain, or suffering upon any animal, whether domesticated, captive, or wild; or

(b) abandons, confines, or restrains an animal in a manner that poses a substantial risk of injury, suffering, or death; or

(c) engages in conduct involving the neglect or deprivation of necessary food, water, shelter, or veterinary care; or

(d) uses an animal for fighting, baiting, or similar activities in violation of law; and

(e) such mistreatment causes the death of the animal; or

(f) the offender has previously been convicted of Animal Cruelty or Animal Neglect in any degree.

(g) This subsection shall not apply to lawful conduct including:

  • veterinary care, medical treatment, or euthanasia performed by a licensed professional;
  • hunting, farming, or agricultural practices conducted in compliance with applicable law;
  • lawful scientific, educational, or law enforcement activities.

Animal Cruelty in the Second Degree is a Class C+ Felony.