Animal Welfare

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33. Animal Welfare

Traditionally, animals have been treated as property, not as beings or persons capable of ownership of property or of possessing the right to be free of abuse or harm. Of course, in the past, domestic animals were primarily used for food or transportation, and, hence were a valuable economic tool. Farm and working animals were the only animals that were protected in some measure against abuse, but only insofar as treatment affected the economic value of the animal. Since house pets did not even have the economic value, the law did not specifically recognize them as warranting particular consideration. In this context, the law primarily protected the owners of domesticated farm animals and beasts of burden from economic loss as a result of injury or theft of the animals.

In modern times, domesticated animals have achieved enhanced roles in the lives of their owners. House pets have become family members, and some owners, faced with the possibility that their beloved pets may outlive them, and face one-way tickets to the pound, have tried to make provisions for their pets in their wills. So-called “pet trusts” have evolved over the last century and are becoming recognized by more and more states. In addition, the law has also come to recognize a basic “right” of animals to be free from harm.

Animal law is a rapidly growing area of the law. Law schools are teaching courses in animal law and states are strengthening penalties for crimes against animals. Several states are placing a greater emphasis on the protection of companion animals. As such, this chapter is devoted largely to the discussion of companion animals; specifically, it will discuss honorary or “pet” trusts, animal abuse, and animal fighting.

Despite the traditional status of animals as property, a majority of the states now allow people to leave money for the care of animals through an honorary or “pet” trust. Perhaps being led by the Uniform Trust Code’s provision for pet trusts, many states have passed laws permitting this type of trust.

Also covered in this chapter is a section on animal abuse. States tend to vary on the animals that they protect. As such, when the statute provides a definition for the word “animal,” that definition is provided in this section. Although most states define animal abuse or cruelty to animals in a similar fashion, they are still fairly divided on the appropriate penalties for persons committing crimes against animals.

In some states, these offenses are misdemeanors and in others they are felonies. Some states are increasing penalties for crimes against dogs and/or cats or for people committing torture against an animal. Most states require misdemeanor offenses to be enhanced into felonies when an individual is a repeat offender. Several also provide for restitution to the owner, anger management classes, and/or mental health evaluations as a condition of probation or a part of punishment. Since these enhancements and provisions are not particularly unique to animal issues, they are not discussed in this chapter. Abandonment and neglect (failure to provide adequate food, shelter, water, etc.) are included in this section, but crimes such as bestiality are not. As the punishment, not the description of the offense, is what tends to vary the most between the states, descriptions will only be provided when they are unique, they are necessary to distinguish two or more statutes by the same state, or when different actions provide different punishments.

Finally, this chapter will discuss animal fighting. Most states prohibit animal fighting in some form. Some only prohibit cockfighting and/or dogfighting. In states with a specific statute against dogfighting, the punishment is typically higher than punishments for other type of animal fighting. Although these statutes typically provide a very long list of prohibited activities (such as owning or training an animal for the purpose of an exhibition of fighting, allowing property to be used for a fight, judging or accepting admission fees for a fight, etc.), the description of each offense will be summarized in the same fashion as in the section on cruelty to animals above.

As this chapter will focus on companion animals, crimes involving wildlife or farm animals, such as bear wrestling, bull fighting, greased pig contests, horse tail docking and dyed chicks are not covered (with the exception of cockfighting). Also not discussed are traditional exceptions to the statutes, such as for veterinarians, scientific experimentation, hunting, and other historically permitted purposes. Statutes defining proper ways to transport animals, unless unique or defined within a cruelty statute, are also not included in this section. Additional protections provided to service animals for the disabled or for police/fire assistance are also excluded.

Table 33: Animal Welfare
State	Pet Trusts	Animal Abuse	Animal Fighting
ALABAMA	19-3B-408 A trust may be created for the care of an animal alive during settlor’s lifetime. The trust terminates upon the death of animal or the death of last surviving animal alive during settlor’s lifetime.	13A-11-14 Cruelty to animals is a class B misdemeanor. 13A-11-241 Cruelty to a dog or cat in the first degree includes torture, skinning, or offering to sell the pelt of a dog or cat and is a C felony. Cruelty to a dog or cat in the second degree is an A misdemeanor and includes mutilation and depravation of shelter.	3-1-29 Dogfighting, including presence as a spectator, is a class C felony. 13A-12-4 Keeping a cockpit or fighting cocks in any public place is punishable by fine of not less than $20, nor more than $50. 13A-12-6 Hog and canine fighting is a class A misdemeanor.
ALASKA	13.12.907 A trust for pets is valid for 21 years, if for a specific lawful noncharitable purpose or a lawful noncharitable purpose to be selected by trustee and no definite or definitely ascertainable beneficiary designated. The trust terminates when a living animal is not covered by the trust.	11.61.140 Cruelty to animals is an A misdemeanor.	11.61.145 Animal fighting is a class C felony. Attending such an exhibition is a violation. For this section, an animal is defined as a vertebrate, living creature, not a fish or human being.
ARIZONA	14-2907 A trust for pets is valid for 21 years, if for a specific lawful noncharitable purpose or a lawful noncharitable purpose to be selected by trustee and no definite or definitely ascertainable beneficiary designated. Trust terminates when a living animal is not covered by the trust.	13-2910 Cruelty to animals is a class 1 misdemeanor. If the offense involves cruel neglect/abandonment that results in serious physical injury to the animal, or intentional/knowing infliction of cruel mistreatment, it is a class 6 felony offense. This applies to mammals, birds, reptiles or amphibians.	13-2910.01 Dogfighting is a class 5 felony. 13-2910.02 Presence at a dogfight is a class 6 felony. 13-2910.03 Cockfighting is a class 5 felony. 13-2910.04 Presence at a cockfight is a class 1 misdemeanor.
ARKANSAS	28-73-408 A trust may be created for the care of animal(s) alive during settlor’s lifetime and it terminates upon death of last surviving animal.	5-62-101; 5-62-110 Cruelty to animals is a class A misdemeanor. It applies to any living creature.	5-2-120 Unlawful dogfighting in the first degree is a class D felony. Unlawful dogfighting in the second degree is a class A misdemeanor and includes purchasing a ticket for admission to, presence at, or witnessing as a public spectacle a dogfight.

State	Pet Trusts	Animal Abuse	Animal Fighting
CALIFORNIA	Prob. Code 15212 A trust may be performed by trustee for the life of an animal, regardless of beneficiary who can seek enforcement or termination of trust or terms of trust contemplating a longer duration.	Penal Code 596 Poisoning an animal without consent of the owner is a misdemeanor. Penal Code 597 Cruelty to animals is punishable by imprisonment in state prison, fine of not more than $20,000, or both; or by imprisonment in county jail for up to one year, or up to a fine of $20,000, or both. Penal Code 597f Failure to care for animals is a misdemeanor. Penal Code 597h Attaching live animals to power propelled devices to be pursued by dogs is a misdemeanor. Penal Code 597s Willful abandonment of any animal is a misdemeanor. Penal Code 597t Improper confinement of an animal is a misdemeanor.	Penal Code 597b Fighting animals or cockfighting is a misdemeanor offense. Dogs are excluded from this section. Penal Code 597c Owning, keeping, training, or possessing animals or birds with intent to engage in fighting is a misdemeanor. Dogs are excluded from this section. Penal Code 597i It is a misdemeanor to manufacture, buy, sell, barter, exchange or possess cockfighting implements. Penal code 597.5 Fighting dogs is a felony. A spectator is guilty of a misdemeanor.
COLORADO	15-11-901 A trust is valid for the care of designated domestic or pet animals/animals’ offspring in gestation. Trust terminates when no living animal is covered under the trust.	18-9-202 Cruelty to animals includes abandoning a dog/cat and recklessly or with criminal negligence causing torture, mutilation or death of an animal. It is a class 1 misdemeanor. A person commits aggravated cruelty to animals when he knowingly tortures, needlessly mutilates, or needlessly kills an animal. This offense is a class 6 felony. 18-9-201(2) An animal is any living dumb creature.	18-9-204 Animal fighting is a class 5 felony.
CONNECTICUT		53-247 Cruelty to animals is punishable by a fine of not more than $1,000, imprisonment of not more than one year, or both. If the person maliciously and intentionally maims, mutilates, tortures, wounds or kills an animal, it is punishable by not more than $5,000, imprisonment of not more than five years, or both.	53-247 Animal fighting, including being present as a spectator, is punishable by a fine of not more than $5,000 or imprisonment of not more than five years, or both.

State	Pet Trusts	Animal Abuse	Animal Fighting
DELAWARE	12 § 3555 A trust for the care of one or more specific animals living at settlor’s death is valid and it terminates upon the death of all animals living at settlor’s death and covered by the terms of the trust.	11 § 1325 Cruelty to animals is a class A misdemeanor. It is a class F felony if the offense involves cruelly or unnecessarily killing an animal or killing/seriously injuring an animal while under false pretenses to a shelter, vet clinic or other facility. Animals do not include fish, crustacean or mulluska. 11 § 1325a It is a class A misdemeanor to trade in cat/dog flesh. It is a class B misdemeanor to trade in cat/dog hair, with certain exceptions.	11 § 1326 Fighting animals or fowl is a class F felony. Attending such an exhibition is a class A misdemeanor.
DISTRICT OF COLUMBIA	19-1304.08 A trust may be created for the care of animal(s) alive during settlor’s lifetime and it terminates upon the death of the last surviving animal.	22-1001 Cruelty to animals or unnecessarily failing to provide certain necessities is punishable by imprisonment not exceeding 180 days or fine not exceeding $250 or both. If, however, there is intent to commit serious bodily injury or death or a manifestation of extreme indifference to animal life, resulting in serious bodily injury/death of the animal, it is a felony punishable by imprisonment not to exceed 5 years or a fine not to exceed $25,000, or both. 22-1102 Lists additional cruelties to animals applicable to owners or possessors or persons having charge or custody of the animal.	22-1015 Engaging in animal fighting is a felony, punishable by a fine of not more than $25,000, or by imprisonment not to exceed 5 years, or both. Attending an exhibition or recklessly aiding/abetting another in such an exhibition is a misdemeanor. 22-1009 Keeping or using a place for fighting is punishable in the same manner as 22-1001.
FLORIDA	737.116 A trust for the care of animals may be created for the care of an animal alive during settlor’s lifetime. Terminates upon the death of animal or the death of last surviving animal alive during settlor’s lifetime and covered by the trust.	828.02 Animals include every living, dumb creature. 828.12 Cruelty to animals is a misdemeanor of the first degree, unless the violator intentionally commits an act, which results in cruel death or excessive/repeated infliction of unnecessary pain/suffering which is a felony of the third degree. 828.13 Confinement without sufficient food, water, or exercise and abandonment are misdemeanors of the first degree.	828.122 Fighting or baiting animals is a felony of the third degree.

State	Pet Trusts	Animal Abuse	Animal Fighting
GEORGIA		16-12-4 Cruelty to animals is a misdemeanor. Aggravated cruelty occurs when one knowingly and maliciously causes death or physical harm to an animal by rendering a body part useless or serious disfigurement of the animal. This is punished by imprisonment of 1-5 years, a fine not to exceed $15,000, or both. Animals do not include fish or pests that may be exterminated or removed from businesses, etc.	16-12-37 Dogfighting is punishable by a mandatory fine of $5,000 or a mandatory fine of $5,000 and imprisonment from one to five years.
HAWAII	560:7-501 A trust for the care of one or more designated domestic or pet animals shall be valid and it terminates when no living animal is covered by the trust.	711-1100 Animals are every living creature, except humans. 711-1109 Cruelty to animals is a misdemeanor offense.	711-1109 Fighting or baiting animals is a misdemeanor. 711-1109.3 Cruelty to animals; fighting dogs is a class C felony.
IDAHO		25-3502 An animal is any vertebrate member of the animal kingdom, except man. 25-3504 Cruelty to animals is a misdemeanor. 25-3511 Abandonment of an animal without care is a misdemeanor.	25-3506 Any person who participates in a cockfight is guilty of a misdemeanor. 25-3507 Any person who participates in a dogfight is guilty of a misdemeanor.

State	Pet Trusts	Animal Abuse	Animal Fighting
ILLINOIS	760 § 5/15.2 Allows trusts for one or more designated domestic or pet animals. Trusts terminate when no living animal is covered by the trust.	510 § 70/2.01 An animal is every living creature, domestic or wild, but not man. 510 § 70/2.01a A companion animal is an animal kept as a pet, including, but not limited to felines, equines, and canines. 510 § 70/3.01 Cruel treatment or abandonment of an animal is a class A misdemeanor. 510 § 70/3.02 It is aggravated cruelty to intentionally cause a companion animal injury or death. This is a class 4 felony. 510 § 70/3.03 Animal torture is a class 3 felony. 510 § 70/3.03-1 Creating, selling, marketing, or possessing a depiction of animal cruelty is a class A misdemeanor. 510 § 70/3.06 It is a class A misdemeanor to poison a dog or other domestic animal. 510 § 70/7.1 It is a class C misdemeanor to confine an animal in a motor vehicle in a health threatening manner.	720 § 5/26-5 Most aspects of dogfighting are class 4 felonies. If the dog participates in a fight and: a person under 18 years is present, illegal wagering is involved, or the fight is in furtherance of streetgang activity, it becomes a class 3 felony. Soliciting minors to violate this section, dealing with devices for use at a fight, or attending a fight are misdemeanors. 510 § 70/4.01 Animal fighting is a class A misdemeanor. Attending a fight is a class C misdemeanor.
INDIANA	30-4-2-18 A trust may be created to provide for the care of animal(s) alive during the settlor’s lifetime and it terminates upon the death of the last surviving animal.	35-46-3-3 An animal is defined as not including a human being. 35-46-3-12 Beating a vertebrate animal is a misdemeanor. It is a class D felony to knowingly or intentionally torture or mutilate a vertebrate animal. 35-46-3-7 Abandonment/neglect is a class B misdemeanor.	35-46-3-8 Purchase/possession of an animal for fighting is a misdemeanor. 35-46-3-8.5 Possession of animal fighting paraphernalia is a misdemeanor. 35-46-3-9 & 35-46-3-9.5 Promoting, staging, using an animal in a fight is a class D felony. 35-46-3-10 Attending a fighting contest is a misdemeanor.

State	Pet Trusts	Animal Abuse	Animal Fighting
IOWA	633a.2105 Trust may be performed by the trustee for only 21 years. Trust for the care of an animal living at the time of settlor’s death is valid and it terminates when no living animal is covered by its terms.	717B.1 An animal is a nonhuman vertebrate, not including livestock, any game/fur-bearing animal, fish, reptile or amphibian (unless owned), or any nongame species declared to be a nuisance. 717B.3A Animal torture exists when a person inflicts severe physical pain with a depraved or sadistic intent to cause prolonged suffering or death to an animal. It is an aggravated misdemeanor. 717B.2 Animal abuse is an aggravated misdemeanor. 717B.3 Animal neglect is a simple misdemeanor. It is a serious misdemeanor if the offense is committed intentionally and serious injury or death results. 717B.8 Abandonment of cats and dogs is a simple misdemeanor.	717D.2 and 717D.4 Animal fighting is a class D felony. Spectators are guilty of an aggravated misdemeanor.
KANSAS	58a-408 A trust may be created for the care of an animal(s) alive during settlor’s life. The trust terminates upon the death of the last surviving animal covered by the trust that was alive during settlor’s life.	21-4310 Cruelty to animals, including neglect, is a class A nonperson misdemeanor. 21-4313 An animal is every living vertebrate, except humans.	21-4315 Dogfighting is a severity level 10, nonperson felony. Attending a dogfight is a class B nonperson misdemeanor. 21-4317 If convicted under 21-4315, it is a class B misdemeanor to own/keep a dog within five years of conviction. 21-4319 Cockfighting is a class A nonperson misdemeanor.
KENTUCKY		525.135 Torture of a dog or cat is a class A misdemeanor. 525.130 Cruelty to animals in the second degree is a class A misdemeanor.	525.125 Causing a four-legged animal to fight for pleasure/profit is a class D felony. 525.130 It is a class A misdemeanor to participate in animal fighting other than provided in 525.125.

State	Pet Trusts	Animal Abuse	Animal Fighting
LOUISIANA		102.1 Cruelty to animals includes neglect and abandonment. It is punishable by a fine of no more than $1,000, imprisonment of no more than 6 months, or both. It is aggravated cruelty to animals if the offense involves torture, maiming or mutilation and the offender is acting intentionally or with criminal negligence. This offense is punishable with a fine between $5,000 and $25,000, imprisonment for no less than one year and no more than 10 years or both.	102.5 Dogfighting is punishable by a fine between $5,000 and $25,000, imprisonment for no less than one year and no more than 10 years, or both. Being a spectator at a fight is also a violation under this section and is punishable by fine of no more than $5,000 or imprisonment for not more than 6 months, or both. 102.10 Hog and canine fighting is punishable by fine of not more than $1,000, or imprisonment for not more than 6 months, or both.
MAINE	18-B § 408 A trust for the care of an animal alive during settlor’s lifetime is permitted. The trust terminates upon the death of the last surviving animal alive during the settlor’s lifetime and covered by the trust.	17 § 1031 Cruelty to animals includes a veterinarian killing/attempting to kill an animal in a manner that does not conform to certain national standards, killing or torturing an animal to frighten or intimidate a person or killing another’s cat or dog. These offenses are class D crimes. Aggravated cruelty to animals exists if a person, having depraved indifference to animal life/suffering causes extreme physical pain, death, or physical torture to an animal. This offense imposes a fine between $1,000 and $10,000 in addition to other sentencing provisions.	17 § 1033 Animal fighting is a class C crime. In addition to other penalties, a mandatory fine of not less than $500 is imposed. It is a class D crime to view an animal fight.
MARYLAND		10-601 An animal is any living creature, except humans. 10-604 Abuse/neglect of animal is a misdemeanor offense. 10-606 Aggravated cruelty to animals is a felony punishable by imprisonment not to exceed 3 years or a fine not to exceed $5,000, or both. It exists when a person intentionally mutilates, tortures, cruelly beats, or cruelly kills an animal or causes, procures or authorizes the same. 10-612 Abandonment of a domestic animal is a misdemeanor. 10-618 Poisoning/giving ground glass to a dog is a misdemeanor, punishable by a maximum $100 fine.	10-605 Attending a dogfight or cockfight is a misdemeanor offense. 10-607 Aggravated cruelty to animals—dogfighting is a felony punishable by imprisonment not to exceed 3 years or a fine not to exceed $5,000, or both. 10-608 Aggravated cruelty to animals—cockfight is punishable by imprisonment not to exceed 3 years or a fine not to exceed $5,000, or both. This section also forbids the possession with intent to use an implement of cockfighting.

State	Pet Trusts	Animal Abuse	Animal Fighting
MASSACHUSETTS		272 § 77 Cruelty to animals includes the use of a live animal as a lure or bait (except when fishing). Cruelty to animals is punishable by not more than 5 years imprisonment in state prison, or not more than 2½12; years in the house of correction, by fine of not more than $2500, or both. 272 § 80a A non-veterinarian who crops the ears of a dog is subject to a $250 fine. 272 § 80b Exhibiting a dog with a cropped/cut ear is punishable by a $250 fine. 272 § 80c Taking an animal without the owners consent for exhibition, mutilation, or experimentation is punishable by fine of $100 to the maximum fine allowed by the charge of larceny of an item of the same value as the animal.	272 § 94 Animal fighting (including dog and bird) shall be punishable by not more than 5 years imprisonment in state prison or not more than 1 year in a jail or the house of correction or by fine of not more than $1,000 or both fine and imprisonment. 272 § 95 Aiding or being present at such an exhibit shall be punishable by a fine of not more than $250 or by imprisonment for not more than one month or both.
MICHIGAN	700.2722 A trust for the care of a designated domestic or pet animal is valid and it terminates when no living animal is covered by the trust.	750.50 Animals are defined as one or more vertebrates, other than humans. Crimes against animals includes certain types of tethering and allowing animals to suffer. Prohibited actions in this section are misdemeanor offenses. 750.50b Includes penalties for persons willfully and maliciously killing, injuring, or poisoning animals without just cause or excuse. Violations are felonies, punishable by imprisonment for not more than 4 years, fine of not more than $5,000, community service for not more than 500 hours, or any combination.	750.49 Participating in animal fighting or baiting, or the use of an animal as a target to be shot at as a test of skill in marksmanship, is a felony punishable by imprisonment for not more than 4 years, fine of not less than $5,000 nor more than $50,000, and/or not less than 500 nor more than 1,000 hours of community service. Being present at such an activity is a felony punishable by imprisonment for not more than 4 years, fine of not less than $1,000 nor more than $5,000, and/or not less than 250 or more than 500 hours of community service. Persons convicted under this section shall not own/possess an animal of the same species for 5 years. Several penalties are also provided for the owners of animals trained to fight that attack other persons.

State	Pet Trusts	Animal Abuse	Animal Fighting
MINNESOTA		343.20 An animal is defined as any living creature, except humans. 343.21 Cruelty to animals includes improper caging of an animal for public display and is a misdemeanor. An intentional violation with resulting bodily harm to a pet/companion animal is punishable by imprisonment for not more than one year, a fine of not more than $3,000, or both. If death or great bodily harm results, punishment may not exceed 2 years in jail, a fine not to exceed $5,000, or both. Additional punishment is provided if the purpose of such actions were to intimidate, threaten or terrorize a person. 343.27 Unjustifiably poisoning an animal is a gross misdemeanor.	343.31 Cockfighting, dogfighting or violent pitting of one domestic animal against another is a felony. Purchasing admission or gaining admission to such activity is a misdemeanor.
MISSISSIPPI		97-41-1 Cruelty to living creatures is a misdemeanor offense. This section has been held unconstitutional by the Mississippi Supreme Court in Davis v. State. 97-41-7 Neglect is a misdemeanor. 97-41-9 It is a misdemeanor to be the owner/custodian of any living creature and unjustifiably neglect or refuse to provide it with necessary sustenance, food, or drink. 97-41-16 Maliciously injuring dogs is punishable by fine of not more than $1,000 or imprisonment not exceeding 6 months.	97-41-11 Fighting animals or tormenting or torturing the same is a misdemeanor. This section applies to any creature except a dog. 97-41-19 Dogfighting is a felony, punishable by fine of $1,000 to $5,000, by imprisonment for not less than 1 year, nor more than 3 years, or both. Any person, who is a spectator for preparations for a fight or at an exhibition of a fight, with intent to be at preparations or a fight, is guilty of a felony, punishable by a fine of $500-$5,000, or imprisonment of not more than 1 year, or both.

State	Pet Trusts	Animal Abuse	Animal Fighting
MISSOURI	456.4-408 Trusts may be created to provide for the care of an animal(s) alive during the settlor’s lifetime and it terminates upon the death of the last surviving animal.	578.005 An animal is any living vertebrate, except humans. 578.012 Animal abuse is a class A misdemeanor. 578.009 Animal neglect or abandonment is a class C misdemeanor. 578.029 Knowingly releasing an animal is a class B misdemeanor and occurs when a person releases a lawfully confined animal without the consent of the owner/custodian.	578.025 Dogfighting is a class D felony. Spectators are guilty of class A misdemeanors. 578.050 Any person connected with or interested in the management of or who receives money for the admission of any person or any person who encourages, aids, assists, is present at, or permits/suffers his property/property under his control to be used for the fighting or baiting of any creature, except dogs, is guilty of a class A misdemeanor. 578.173 It is a class D felony to bait or fight animals, permit baiting/fighting on premises under his control, promote/conduct/stage a baiting/fight between 2 or more animals, advertise a fight/baiting, or collect an admission fee for a baiting/fight. It is a class A misdemeanor to attend a baiting/fight, sell/offer to sell/ship/transport an animal bred/trained to bait or fight, possess cockfighting implements, manufacture/sell/barter/exchange cockfighting implements.
MONTANA	72-2-1017 A trust for the care of a domestic/pet animal is valid and it terminates when no living animal is covered by the trust.	45-8-211 Cruelty to animals includes neglect, abandonment and participation in a race over 2 miles, unless a sanctioned endurance race. This offense is punishable by a fine not to exceed $1,000, imprisonment in the county jail not to exceed 1 year, or both.	45-8-210 Causing animals to fight is punishable by a fine not to exceed $5,000 and/or imprisonment for not less than 1 year, nor more than 5 years.
NEBRASKA	30-3834 A trust may be created for the care of an animal(s) alive during the settlor’s lifetime and it terminates upon the death of the last surviving animal.	28-1008 An animal is defined as any vertebrate member of the animal kingdom, but does not include an uncaptured, wild creature. 28-1009 Abandonment or cruel neglect of an animal is a class I misdemeanor. It is a class IV felony if said mistreatment involves knowing or intentional torture, repeated beating, or mutilation.	28-1005 Dogfighting, cockfighting, bearbaiting, or pitting an animal against each other is a class IV felony. Knowingly and willingly being present at such exhibition is a class IV felony.

State	Pet Trusts	Animal Abuse	Animal Fighting
NEVADA	163.0075 A trust created for the care of one or more animals alive at the time of settlor’s death is valid and it terminates upon the death of all animals covered by the terms of the trust.	574.050 An animal is every living creature, except humans. 574.100 Any person who overdrives, tortures, injures, abandons, or fails to provide proper sustenance to an animal is guilty of a misdemeanor, punishable by not less than 2 days, nor more than 6 months in jail and not less than 48 nor more than 120 hours of community service and a fine not less than $200 nor more than $1,000. 574.107 The mistreatment of a dog owned by another person that is used in an event in which skill, breeding or stamina of the dog is judged or examined is a felony offense. 574.110 Abandonment of a disabled animal is a misdemeanor.	574.060 Keeping, using, or being connected with/interested in the management of or charging admission to property used for baiting or fighting any bird or animal or being the owner/occupant of property that allows the same is guilty of a gross misdemeanor. 574.070 Promoting, instigating, aiding or engaging the furtherance of any fight between animals in an exhibition or for amusement/gain is a gross misdemeanor. If the violation involves a dog, it is a category D felony. A person who witnesses such fight is guilty of a misdemeanor.
NEW HAMPSHIRE	564-B:4-408 A trust may be created for the care of an animal(s) alive during settlor’s lifetime and it terminates upon the death of the last surviving animal.	644:8 An animal is a domestic animal, household pet, or wild animal in captivity. Cruelty to animals includes abandonment and neglect and is a misdemeanor when the action was taken negligently. Purposefully beating, cruelly whipping, torturing, or mutilating an animal is a class B felony. 644:8-aa Confining an animal in a motor vehicle/enclosed space when it is so hot or cold that it would cause serious harm to the animal is a misdemeanor.	644:8-a Keeping, breeding, or training any bird, dog, or other animal with the intent to use it or its offspring to fight or establishing or promoting said fight is a class B felony. Intentional presence at a fight is a class B felony.

State	Pet Trusts	Animal Abuse	Animal Fighting
NEW JERSEY	3B:11-38 A trust is valid for the care of a domesticated animal and it terminates when no living animal is covered by the trust or at the end of 21 years, whichever occurs earlier.	4:22-15 An animal includes the whole brute creation. 4:22-17 Knowingly, purposefully, or recklessly tormenting, torturing, maiming, hanging, poisoning, unnecessarily/cruelly beating, or needlessly mutilating a living animal or creature or causing the same to be done is a crime of the fourth degree, unless the animal/creature dies upon which it is a crime of the third degree. Other related offenses to animals are disorderly person offenses, punishable by fine not less than $250 nor more than $1,000 and/or imprisonment for not more than 6 months. 4:22-20 Abandoning a disabled or sick animal is a disorderly person offense. Abandoning a domesticated animal is a disorderly person offense subjected to the maximum $1,000 penalty. 4:22-26 Civil penalties for acts constituting cruelty are listed.	4:22-24 Persons who are involved with a fight involving a living animal or creature are guilty of a crime of the third degree.
NEW MEXICO	45-2-907 A trust for the care of a designated domestic/pet animal is valid and it terminates when no living animal is covered by the trust.	30-18-1 Insects and reptiles are not included in the definition of animals. Cruelty to animals is a misdemeanor. Extreme cruelty to animals involves the intentional/malicious torture, mutilation, injuring, or poisoning of an animal or the malicious killing of an animal, which is a fourth degree felony.	30-18-9 Dogfighting is a fourth degree felony. Cockfighting is a petty misdemeanor.

State	Pet Trusts	Animal Abuse	Animal Fighting
NEW YORK	EPTL 7-8.1 A trust for the care of a designated domestic/pet animal is valid and it terminates when no living animal is covered by the trust or at the end of 21 years, whichever occurs earlier.	AGRI & MKTS 350 An animal is every living creature, except humans. AGRI & MKTS 353 Overdriving, torturing, injuring, or failing to provide proper sustenance is a Class A misdemeanor. AGRI & MKTS 353-a Aggravated cruelty to animals involves intentionally killing or causing serious physical injury to a companion animal and is a felony offense, punishable by imprisonment not to exceed 2 years. AGRI & MKTS 353-b Appropriate shelter must be provided for dogs left outdoors. A violation is punishable by a fine of not less than $50.00 nor more than $100. This section does not affect protections under other provisions of this article. AGRI & MKTS 353 Abandoning an animal or allowing a disabled animal to lie in a public place more than 3 hours after receiving notice that it is disabled is a misdemeanor. AGRI & MKTS 361 Interference with certain animals used for racing, breeding or certain other competitions is a felony. AGRI & MKTS 362 Throwing a substance injurious to animals in a public place is a misdemeanor.	AGRI & MKTS 351 Animal fighting is a felony, punishable by imprisonment not to exceed 4 years and/or a fine not to exceed $25,000. Owning or possessing an animal with intent to have it fight is a misdemeanor. Being knowingly present as a spectator in which a fee was paid or wager was made is a misdemeanor.
NORTH CAROLINA	36C-4-408 A trust for the care of one or more designated domestic/pet animals alive at the time of creation of the trust is valid and it terminates at the death of the last surviving animal.	14-360 Cruelty to animals is a class 1 misdemeanor. Cruelty involving malice and extreme cruelty is a class I felony. 14-361 Instigating or promoting cruelty to animals is a class 1 misdemeanor. 14-361.1 Abandonment of animals is a class 2 misdemeanor. 14-362.3 Maliciously restraining a dog using a chain or wire grossly in excess of the size necessary to restrain is a class 1 misdemeanor.	14-362 Persons involved in cockfighting, including spectators, are guilty of a class 2 misdemeanor. 14-362.1 Persons involved in fights or baits between animals other than cocks or dogs, including spectators, are guilty of class 2 misdemeanors. 14-362.2 Persons involved in dogfighting or baiting, including spectators, are guilty of a class H felony.

State	Pet Trusts	Animal Abuse	Animal Fighting
NORTH DAKOTA		36-21.1-01 An animal is every living animal, except humans. 36-21.1-02; 36-21.1-11 Cruelty to animals is a class A misdemeanor that includes failure to reclaim an animal after the termination of a boarding contract. 36-21.1-03; 36-21.1-11 Cruelty to animals during transport is a class A misdemeanor. 36-21.1-04; 36-21.1-11 Poisoning animals is a class A misdemeanor. 36-21.1-03.1 Leaving a dog or cat in an unattended vehicle under detrimental conditions is an infraction.	36-21.1-07 Persons involved in cockfighting, dogfighting, bearbaiting, bear fighting, kangaroo boxing, and similar activities are guilty of class C felonies. Spectators at such events are guilty of class A misdemeanors.
OHIO	5804.08 A trust may be created for the care of an animal alive during settlor’s lifetime and it terminates upon the death of animal or the death of last surviving animal alive during settlor’s lifetime.	959.01; 959.99 Abandonment of domestic animals is a second degree misdemeanor. 959.02; 959.99 Killing or injuring a horse, mare, foal, filly, jack, mule, sheep, goat, cow, steer, bull, heifer, ass, ox, swine, dog, cat, or other domestic animal that is the property of another without the owner’s consent is a misdemeanor offense of the second degree. If the value of the animal or its injuries is $300 or more, it is a first degree misdemeanor. 959.03; 959.99 Administering poison to a domestic animal without the owner’s consent is a misdemeanor of the fourth degree. 959.13; 959.99 Cruelty to animals is a second degree misdemeanor and includes torture and lack of access to shelter from weather that would cause sickness or suffering. 959.131; 959.99 Cruelty against a companion animal is a first degree misdemeanor and provides protection to animals that are kept inside a residential dwelling or any dog or cat.	959.15; 959.99 Animal fighting includes cockfighting, bearbaiting, or pitting an animal against another. This is a misdemeanor offense. Persons who purchase a ticket of admission or is present or a witness to such an event is an aider or abettor. 959.16; 959.99 Dogfighting is a felony of the fourth degree.

State	Pet Trusts	Animal Abuse	Animal Fighting
SOUTH CAROLINA	62-7-408 A trust may be created for the care of animal(s) alive or in gestation during the settlor’s lifetime, whether alive or not at time the trust is created. It terminates at the death of the last surviving animal.	47-1-10 Animals are all living vertebrate creatures, except homo sapiens. 47-1-40 Ill-treatment of animals is a misdemeanor that must be punished by imprisonment not exceeding 60 days, fine of not less than $100 nor more than $500, or both. The torture, torment, needless mutilation, cruel killing, or infliction of excessive or repeated unnecessary pain or suffering on any animal or causing these acts to be done is a felony, punishable by imprisonment of not less than 180 days and not to exceed 5 years and by fine of $5,000. This section exempts fowl. 47-1-70 Abandonment of animals is a misdemeanor and must be punished by fine not less than $200 nor more than $500, imprisonment for not more than 30 days, or both. Hunting dogs that are positively identifiable in accordance with Section 47-3-510 or 47-3-530 are exempt from this section.	16-27-30 Animal fighting is a felony and must be punished by a fine of $5,000, imprisonment for 5 years, or both. 16-27-40 Any person who is knowingly present during preparations for a fight/baiting or is knowingly present when a fighting/baiting is taking place or about to take place is guilty of a misdemeanor that must be punished by a fine of $500, imprisonment for 6 months, or both.
SOUTH DAKOTA	55-1-21 A trust for the care of a designated animal is valid and it terminates when no living animal is covered by the trust.	40-1-1 An animal is any mammal, bird, reptile, amphibian, or fish, except humans. 40-1-2.4; 40-1-27 Inhumane treatment of an animal includes inhumane slaughter and is a class 1 misdemeanor 40-1-20 Poisoning the animal of another is a class 1 misdemeanor. 40-1-21 A person who intentionally kills or injures any animal of any age or value belonging to another is guilty of a class 1 misdemeanor.	40-1-9 It is a class 1 misdemeanor to be present at an animal fight as a spectator. This section also prohibits wagering or permitting fighting/injuring of animals on their premises 40-1-10 Training an animal with the intent for it to fight is prohibited. 40-1-10.1 It is a class 6 felony to own or train a dog with the intent for it to fight, to cause any dog to fight with another or injure another, or to permit these activities from being done on his property.

State	Pet Trusts	Animal Abuse	Animal Fighting
TENNESSEE	35-15-408 A trust may be created to provide for the care of an animal(s) alive during settlor’s lifetime and it terminates upon the death of the last surviving animal. The trust may not be enforced for more than 21 years.	39-14-201 An animal is a domesticated living creature or a wild creature previously captured. 39-14-202 Cruelty to animals is a class A misdemeanor. This section also makes it a class B misdemeanor for a person, other than a law enforcement officer with probable cause, to knowingly interfere with certain permitted agricultural practices. 39-14-212 Aggravated cruelty to animals is a class E felony. A person commits this act when, with aggravated cruelty and no justifiable purpose, a person intentionally kills or causes serious physical injury to a companion animal.	39-14-203 It is unlawful for any person to own any bull, bear, dog, cock, or other animal for the purpose of fighting, baiting, or injuring another animal for amusement, sport, or gain or cause such animals to fight, bait, or injure another, or to permit such acts on his property. Any such offense involving a cock is a class A misdemeanor. An offense involving any other animal is a class E felony. It is a class C misdemeanor to be a spectator at such an event.
TEXAS	Property Code 112.037 A trust may be created to provide for the care of animal(s) alive during the settlor’s lifetime and it terminates upon the death of the last surviving animal.	Penal Code 42.09 An animal is a domesticated living creature and wild living creature previously captured. This definition does not include an uncaptured wild creature or a wild creature whose capture was accomplished by conduct at issue in this section. Cruelty to animals is a class A misdemeanor. It is also a class A misdemeanor to injure an animal belonging to another without their consent, other than cattle, horse, sheep, swine, or goats. It is a state jail felony to torture, use a live animal as a lure in dog racing, or trip a horse. It is also a state jail felony to kill, seriously injure or poison an animal belonging to another without their consent, other than cattle, horses, sheep, swine or goats.	Penal Code 42.09 It is a state jail felony to cause animals to fight. Penal Code 42.10 It is a state jail felony for a person to knowingly cause a dog to fight another dog for pecuniary benefit, to participate in the earnings or operation of a facility used for dogfighting, or to use/permit use of any property for dogfighting. It is a class A misdemeanor to knowingly cause a dog to fight with another dog or to own or train a dog with the intent for it to be used in a dogfight. It is a class C misdemeanor for a person to knowingly attend a dogfight as a spectator.

State	Pet Trusts	Animal Abuse	Animal Fighting
VERMONT		1 VSA 351 Animals include all living, sentient creatures, except humans. 13 VSA 352; 13 VSA 353 Cruelty to animals includes inhumanely tethering an animal and using an animal as live bait or lure. Also under this section is a prohibition against officials from pounds, humane societies, or other such agencies selling or conveying an animal in his/her care for the purpose of research or vivisection. These offenses are punishable by imprisonment of not more than 1 year, or a fine of not more than $2,000, or both. 13 VSA 352a; 13 VSA 353 A person commits aggravated cruelty to animals if he kills an animal by intentionally causing it undue pain or suffering or intentionally, maliciously, and without just cause tortures, mutilates, or cruelly beats an animal. This offense is punishable by imprisonment of not more than 3 years, or a fine of not more than $5,000, or both.	13 VSA 352(5); 13 VSA 352(6); 13 VSA 364; 13 VSA 353 Animal fighting, including acting as a judge or spectator is punishable by imprisonment of not more than 5 years, or a fine of not more than $5,000, or both.
VIRGINIA	55-544.08 A trust may be created to provide for the care of an animal alive during the settlor’s lifetime and it terminates upon the death of the last surviving animal. Trust funds may be applied to outstanding expenses of the trust and for burial or post-death expenditures for animal beneficiaries as provided by the trust.	3.1-796.122(A); 3.1-796.122(D) Cruelty to animals is a class 1 misdemeanor. In this section, the term animals include birds and fowl. 3.1-796.122(G) Killing a domestic dog or cat for the hide, pelt or fur is a class 1 misdemeanor. 3.1-796.122(H) Any person who tortures, cruelly/unnecessarily beats, mains or mutilates any dog or cat that is a companion animal, regardless of ownership, and such act causes the death or euthanasia of such dog/cat is guilty of a class 6 felony. 3.1-796.68 Neglect of companion is a class 4 misdemeanor. This section applies to pounds, shelters, pet shops, groomers, and other like places. 3.1-796.73 Abandoning or dumping any animal is a class 3 misdemeanor.	3.1-796.124 Dogfighting is a class 6 felony. 3.1-796.125 Fighting cocks or other animals, except dogs, is a class 3 misdemeanor. Attendance at such a fight, where an admission fee is charged is a class 3 misdemeanor. 3.1-796.125 Attendance at an exhibition of fighting dogs is a class 1 misdemeanor.

State	Pet Trusts	Animal Abuse	Animal Fighting
WASHINGTON	11.118.005, et seq. Establishes the purpose of this chapter-to recognize and validate certain trusts established for the benefit of animals. An animal is defined as a nonhuman animal with vertebrae. A trust for the care of one or more animals is valid. Animals may be individually identified or identified in such other matter that they can be identified. Unless otherwise provided in the trust instrument or this chapter, trusts terminate when no animal covered by the trust is living.	16.52.011 An animal is any nonhuman mammal, bird, reptile, or amphibian. 16.52.205 A person is guilty of animal cruelty in the first degree when he intentionally inflicts substantial pain on, causes physical injury to, or kills an animal by a means causing undue suffering or forces a minor to do the same. This offense is a class C felony. 16.52.207 Animal cruelty in the second degree is a misdemeanor and includes inflicting unnecessary suffering/pain upon an animal in circumstances not amounting to animal cruelty in the first degree. This offense also includes abandonment of an animal when it suffers unnecessary/unjustifiable physical pain as a result.	16.52.305 Animal fighting is a gross misdemeanor punishable by imprisonment not to exceed one year, or a fine not to exceed $5,000, or both. Any person who is present at such an event, or while preparations are being made for such an event, as a spectator is guilty of a misdemeanor.
WEST VIRGINIA		61-8-19(a) Cruelty to animals includes cruelly chaining an animal and leaving an animal unattended and confined in a motor vehicle when physical injury/death is likely to result. This is a misdemeanor offense. 61-8-19(b) Torture, mutilation, or malicious killing of an animal is a felony, punishable by not less than one nor more than five years and fine not less than $1,000 nor more than $5,000. 61-8-19(f) Excludes livestock, poultry, gaming fowl, or wildlife kept in private or licensed game farms. 61-8-19(i) Possessing an animal within a certain time period after conviction under this section is a misdemeanor.	61-8-19a Participation in an animal fighting venture is a misdemeanor offense. If the animal involved is a wild animal, game animal, certain fur-bearing animals, wildlife not indigenous to West Virginia, canine, feline, porcine, bovine, or equine species whether wild or domesticated, this is a felony offense punishable by fine not less than $1,000 nor more than $5,000, imprisonment in a state correctional facility for not less than 1 nor more than 5 years, or both. 61-8-19b A person who knowingly attends an animal fighting venture as provided above is guilty of a misdemeanor.

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