(6)9.2.1 Animal Neglect in the First Degree

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A person is guilty of Animal Neglect in the First 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; or

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

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

(f) 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 First Degree is a Class C+ Felony.