What is cruelty to nonlivestock animals?

“Abandon” includes abandoning an animal in the person’s custody without making reasonable arrangements for assumption of custody by another person. 

“Animal” means a domesticated living creature, including any stray or feral cat or dog, and a wild living creature previously captured.  The term does not include an uncaptured wild living creature or a livestock animal. 

“Cruel manner” includes a manner that causes or permits unjustified or unwarranted pain or suffering. 

“Custody” includes responsibility for the health, safety, and welfare of an animal subject to the person’s care and control, regardless of the ownership of the animal. 

“Depredation” means the loss of or damage to agricultural crops, livestock, poultry, wildlife, or personal property. 

“Pelt” means the untanned, green or dried hide or skin of a fur-bearing animal, whether or not the hide or skin is attached to the carcass. 

“Livestock animal” means: 

(A) cattle, sheep, swine, goats, ratites, or poultry commonly raised for human consumption; 

(B) a horse, pony, mule, donkey, or hinny; 

(C) native or nonnative hoofstock raised under agriculture practices; or 

(D) native or nonnative fowl commonly raised under agricultural practices. 

“Necessary food, water, care, or shelter” includes food, water, care, or shelter provided to the extent required to maintain the animal in a state of good health. 

“Torture” includes any act that causes unjustifiable pain or suffering. 

A person commits an offense if the person intentionally, knowingly, or recklessly: 

–  tortures an animal or in a cruel manner kills or causes serious bodily injury to an animal; 

–  without the owner’s effective consent, kills, administers poison to, or causes serious bodily injury to an animal; 

–  fails unreasonably to provide necessary food, water, care, or shelter for an animal in the person’s custody; 

–  abandons unreasonably an animal in the person’s custody; 

–  transports or confines an animal in a cruel manner; 

–  without the owner’s effective consent, causes bodily injury to an animal; 

–  causes one animal to fight with another animal if either animal is not a dog; 

–  uses a live animal as a lure in dog race training or in dog coursing on a racetrack; or 

–  seriously overworks an animal. 

It is a defense to prosecution under this section that: 

–  the actor had a reasonable fear of bodily injury to the actor or to another person by a dangerous wild animal; or 

–  the actor was engaged in bona fide experimentation for scientific research. 

–  the animal was discovered on the person’s property in the act of or after injuring or killing the person’s livestock animals or damaging the person’s crops and that the person killed or injured the animal at the time of this discovery; or 

–  the person killed or injured the animal within the scope of the person’s employment as a public servant or in furtherance of activities or operations associated with electricity transmission or distribution, electricity generation or operations associated with the generation of electricity, or natural gas delivery. 

It is an exception to the application of this section that the conduct engaged in by the actor is a generally accepted and otherwise lawful: 

– a form of conduct occurring solely for the purpose of or in support of fishing, hunting, or trapping; or wildlife management, wildlife or depredation control, or shooting preserve practices as regulated by state and federal law; or animal husbandry or agriculture practice involving livestock animals. 

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