(1) the suspect intentionally, knowingly, recklessly or with criminal negligence leaves a domestic animal or an equine at a location without providing minimum care

(2) it's no defense to abandon the animal at or near an animal shelter, veterinary clinic or other place of shelter if the suspect didn't make reasonable arrangements for the care of the animal

(1) the suspect:

(a) maliciously kills animal OR

(b) intentionally or knowingly tortures animal

a peace officer, after obtaining a search warrant or in any other manner authorized by law, may enter the premises or motor vehicle where the animal is located to provide the animal with food, water and emergency medical treatment and may impound the animal. See 167.345 (authority to enter premises or motor vehicle)

(1) M(a): the suspect - except as otherwise authorized by law - intentionally, knowingly or recklessly:

(a) causes serious physical injury to an animal OR

(b) cruelly causes death of an animal

(2) any practice of good animal husbandry is not a violation of this statute

(4) F(c): if the suspect:

(a) has a prior conviction for:

(A) assault 163.185 (assault 1), 163.175 (assault 2), 163.165 (assault 3), 163.160 (assault 4), 163.187 (strangulation), or an offense against a minor

(B) this statute, 167.322 (animal abuse - aggravated), or the equivalent laws of another jurisdiction OR

(b) knowingly committed the violation in the presence of a minor child

a peace officer, after obtaining a search warrant or in any other manner authorized by law, may enter the premises or motor vehicle where the animal is located to provide the animal with food, water and emergency medical treatment and may impound the animal. See 167.345 (authority to enter premises or motor vehicle)

(1) the suspect - except as otherwise authorized by law - intentionally, knowingly, with criminal negligence causes physical injury to an animal

(2) any practice of good animal husbandry is not a violation of this statute

a peace officer, after obtaining a search warrant or in any other manner authorized by law, may enter the premises or motor vehicle where the animal is located to provide the animal with food, water and emergency medical treatment and may impound the animal. See 167.345 (authority to enter premises or motor vehicle)

(1) M(a):If except as otherwise authorized by law, anyone intentionally, knowingly, recklessly or with criminal negligence

(a) fails to provide minimum care for an animal in their custody or control and the failure to provide care results in serious physical injury or death to the animal OR

(b) ethers a domestic animal in their custody or control and the tethering results in serious physical injury or death to the domestic animal.

(3) F(c):

(a) the subject has previously has one (1) or more priors under this statute, 167.325 (animal neglect 2) or the equivalent laws of another jurisdiction

(b) the offense was part of a criminal episode involving ten (10) or more animals OR

(c) the subject knowingly commits the offense in the immediate presence of a minor child. For purposes of this paragraph, a minor child is in the immediate presence of animal neglect if the neglect is seen or directly perceived in any other manner by the minor child

a peace officer, after obtaining a search warrant or in any other manner authorized by law, may enter the premises or motor vehicle where the animal is located to provide the animal with food, water and emergency medical treatment and may impound the animal. See 167.345 (authority to enter premises or motor vehicle)

(1) M(b): the suspect - except as otherwise authorized by law - intentionally, knowingly, recklessly or with criminal negligence:

(a) fails to provide minimum care for an animal in their custody or control OR

(b) tethers a domestic animal in their custody or control & the tethering results in physical injury to the domestic animal

(3) F(c):

(a) the subject has two (2) or more priors for this statute, 167.330 (animal neglect 1) or the equivalent laws of another jurisdiction

(b) the offense was part of a criminal episode involving eleven (11) or more animals OR

(c) the subject knowingly committed the offense in the immediate presence of a minor child and the suspect has one (1) or more priors for an offense involving domestic violence

a peace officer, after obtaining a search warrant or in any other manner authorized by law, may enter the premises or motor vehicle where the animal is located to provide the animal with food, water and emergency medical treatment and may impound the animal. See 167.345 (authority to enter premises or motor vehicle)

(1) it's a violation of this statute if the suspect:

(a) knowingly causes serious physical injury to or death of a LE animal, knowing the animal is LE AND

(b) the injury or death occurs during the lawful discharge of the animal's duties

(2) If there is probable cause to believe any animal is being subjected to treatment in violation of 167.315 (animal abuse 2) to 167.333 (sexual assault of an animal), 167.340 (animal abandonment), 167.355 (involvement in animal fighting), 167.365 (dogfighting) or 167.428 (cockfighting), a peace officer, after obtaining a search warrant or in any other manner authorized by law, may enter the premises or motor vehicle where the animal is located to provide the animal with food, water and emergency medical treatment and may impound the animal. If after reasonable effort the owner or person having custody of the animal cannot be found and notified of the impoundment, the notice will be conspicuously posted on the premises or motor vehicle and within 72 hours after the impoundment the notice will be sent by certified mail to the address, if any, where the animal was impounded

(3) A peace officer is not liable for any damages for an entry under paragraph (2), unless the damages were caused by the unnecessary actions of the peace officer that were intentional or reckless

(4)(a) A court may order an animal impounded under paragraph (2) to be held at any animal care facility in the state. A facility receiving the animal shall provide adequate food and water and may provide veterinary care

(b) A court may order a fighting bird impounded under paragraph (2) to be held on the property of the owner, possessor or keeper of the fighting bird in accordance with 167.433

(1) the suspect knowingly:

(a) owns, possesses, keeps, rears, trains, buys, sells or advertises or otherwise offers to sell a fighting bird

(b) promotes or participates in, or performs services in furtherance of, the conducting of a cockfight. 'services in furtherance' includes, but is not limited to, transporting spectators to a cockfight, handling fighting birds, organizing, advertising or refereeing a cockfight and providing, or acting as stakeholder for, money wagered on a cockfight

(c) keeps, uses or manages, or accepts payment of admission to, a place for the conducting of a cockfight

(d) allows or permits a place in their possession or control to be occupied, kept or used for the conducting of a cockfight

(2) (1)(a) above doesn't apply to the owning, possessing, keeping, rearing, buying, selling, advertising or otherwise offering for sale of a bird for purposes other than training the bird as a fighting bird, using or intending to use the bird in cockfighting or supplying the bird knowing that the bird is intended to be used in cockfighting

(1) a peace officer with jurisdiction & probable cause to believe that a bird is a fighting bird or source bird, may take constructive possession of the bird on behalf of the law enforcement agency employing the officer

(2) a peace officer who takes constructive possession of an alleged fighting bird or source bird pursuant to this statute must:

(a) place a tag or other device approved by the law enforcement agency on the cage or other enclosure where the alleged fighting bird or source bird is located. The tag or other device must clearly state that it is unlawful to conceal, remove or release the bird for purposes of interfering with law enforcement agency control over the bird.

(b) notify the owner, possessor or keeper of the bird that the bird has been seized by the law enforcement agency and may not be concealed, removed or released until authorized by a court or as provided in this section.

(c) promptly apply to an appropriate court for an order described in 167.433 (seizure of fighting birds or source birds)

(3) if a law enforcement agency takes constructive possession of an alleged fighting bird or source bird under this statute, the owner, possessor or keeper of the bird shall provide all necessary care for the bird

(4) constructive possession of an alleged fighting bird or source bird pursuant to this section terminates when a court order described in 167.433 (seizure of fighting birds or source birds) is served on the owner, possessor or keeper of the bird, or after twenty-four (24) hours, whichever occurs first

(1) the suspect knowingly:

(a) owns, possesses, keeps, breeds, trains, buys, sells or offers to sell a fighting dog, including but not limited to any advertisement by the person to sell such a dog

(b) promotes, conducts or participates in, or performs any service in the furtherance of, an exhibition of dogfighting, including but not limited to refereeing of a dogfight, handling of dogs at a dogfight, transportation of spectators to a dogfight, organizing a dogfight, advertising a dogfight, providing or serving as a stakes holder for any money wagered on a fight

(c) keeps, uses or manages, or accepts payment of admission to, any place kept or used for the purpose of dogfighting

(d) allows or permits any place over which they have possession or control to be occupied, kept or used for the purpose of an exhibition of dogfighting

(1) it's a violation of this statute for the suspect to:

(a) obtain a previously abused, neglected or abandoned animal from an animal care agency under placement of forfeited animal or the court under forfeiture of rights in mistreated animal AND

(b) knowingly allow a person from whom the animal was forfeited to possess the animal

(1) it's a violation of this statute for the suspect to:

(a) knowingly possess or control, for the purpose of arousing or satisfying the sexual desires of the suspect or someone else, a visual recording of a person engaged in sexual conduct with an animal AND

(b) knows or be aware of & consciously disregard the fact that the creation of the visual recording involved the sexual assault of an animal as described in 167.333 (sexual assault of an animal)

(2) except as provided in paragraph (3), it's violation of this statute if for purposes of a rodeo, contest, exhibition, entertainment or sport or as practice for a rodeo, contest, exhibition, entertainment or sport, the suspect intentionally ropes or lassos the legs of an equine, intentionally causing the equine to trip or fall

(3) paragraph (2) of this section does not apply to a anyone who causes an equine to trip or fall for the purpose of allowing veterinary care for the animal

(1) except as provided in (2) below, unless gross negligence can be shown, the provisions of 167.315 (animal abuse 2) to 167.333 (sexual assault of an animal) don't apply to:

(a) the treatment of livestock being transported by owner or common carrier

(b) animals involved in rodeos or similar exhibitions

(c) commercially grown poultry

(d) animals subject to good animal husbandry practices

(e) the killing of livestock according to the provisions of 603.065 (slaughter methods)

(f) animals subject to good veterinary practices as described in 686.030 (acts constituting practice of veterinary medicine)

(g) lawful fishing, hunting and trapping activities

(h) wildlife management practices under color of law

(i) lawful scientific or agricultural research or teaching that involves the use of animals

(j) reasonable activities undertaken in connection with the control of vermin or pests AND

(k) reasonable handling and training techniques

(2) (1) above doesn't create an exemption from 167.332 (prohibition against possession of same genus or domestic animal)

(1) the suspect knowingly dispossesses, or knowingly attempts to dispossess, a law enforcement agency of constructive possession of a fighting bird, a source bird or an alleged fighting bird or source bird

(1) it's a violation of this statute if the suspect with the intent to interfere with livestock production:

(a) takes, appropriates, obtains or withholds livestock from its owner, or causes the loss, death or injury of any livestock maintained at a livestock production facility

(b) damages, vandalizes or steals any property located on a livestock production facility OR

(c) obtains access to a livestock production facility to perform any act contained in this subsection or any other act not authorized by the livestock production facility

(2)(a) F(c): if damage to the livestock production facility is $2,500 or more

(b) M(a): if there is no damage to the livestock production facility or if damage to the facility is less than $2,500

(1) the suspect intentionally or knowingly:

(a) injures or attempts to injure an animal they know or reasonably should know is an assistance animal, a search and rescue animal or a therapy animal

(b) interferes with an assistance animal while the assistance animal is being used to provide assistance to a person with a disability OR

(c) interferes with a search and rescue animal or a therapy animal while the animal is being used for search and rescue or therapy purposes.

(1) the suspect intentionally or knowingly injures or attempts to injure an animal if the suspect knows or should reasonably know the animal is a LE animal while the animal being used in the lawful discharge of its duty

(1) it's a violation of this statute if the suspect:

(a) owns or trains an animal with the intention that it engage in an exhibition of fighting

(b) promotes, conducts, participates in or is present as a spectator at an exhibition of fighting or preparations thereto

(c) keeps or uses, or in any way is connected with or interested in the management of, or receives money for the admission of any person to any place kept or used for the purpose of an exhibition of fighting OR

(d) knowingly allows or permits any place over which they have possession or control to be occupied, kept or used for the purpose of an exhibition of fighting

(1) the suspect knowingly:

(a) attends a cockfight or pays admission at any location to view or bet on a cockfight OR

(b) manufactures, buys, sells, barters, exchanges, possesses, advertises or otherwise offers to sell a gaff, slasher or other sharp implement designed for attachment to a fighting bird, or other equipment, with the intent that the gaff, slasher, implement or equipment be used in training or handling a fighting bird or for enhancing the fighting ability of a fighting bird

(1) the suspect knowingly:

(a) attends or has paid admission at any place for the purpose of viewing or betting upon a dogfight

(b) advertises or otherwise offers to sell equipment that they know or reasonably should know will be used for the purpose of training and handling a fighting dog

(1) A person commits the crime of possessing dogfighting paraphernalia if the person owns or possesses dogfighting paraphernalia with the intent that the paraphernalia be used to train a dog as a fighting dog or be used in the furtherance of a dogfight

(2) No one may not possess, control or otherwise have charge of at the same time more than fifty (50) sexually intact dogs that are two (2) years of age or older for the primary purpose of reproduction. It's sufficient evidence that a person possesses dogs for the primary purpose of reproduction if during a twelve (12) month period they sell, offer for sale, barter or exchange more than three (3) litters of dogs that are less than eight (8) months old.

(3) anyone who possesses, controls or otherwise has charge of fifty (50) or more sexually intact dogs that are eight (8) months or older must maintain a record for each of those dogs that identifies:

(a) the date of birth for the dog or, if the date of birth is unknown, the date the person acquired possession, control or charge of the dog and the source of the dog

(b) the dates on which the dog has been bred

(c) for a female, the number of dogs in each litter produced AND

(d) the disposition the person makes of each dog possessed by, controlled by or in the charge of the person, including the date of disposition, manner of disposition and the name and address information for any person taking possession, control or charge of a dog

(4) a person must retain a record required under (3) above for a period of three (3) years following the death of the dog or a date on which the person permanently ceased to have possession, control or charge of the dog

(5) paragraphs (2) to (4) do not apply to:

(a) an animal control agency, humane society or animal shelter

(b) a person who provides care for dogs at the request of a unit of government, government agency, humane society or animal shelter

(c) a veterinary facility

(d) a person that is transporting dogs OR

(e) a boarding kennel

(6) a violation of this section is a Class B misdemeanor; however, a court shall suspend sentence under this subsection for a violation paragraph (2) if the person agrees to have a sufficient number of dogs spayed or neutered to remedy the violation

(1)(a) In addition to any other penalty imposed by law, someone convicted of violating:

• 167.315 (animal abuse 2)

• 167.340 (animal abandonment)

• 167.355 (involvement in animal fighting)

or of a misdemeanor under:

• 167.320 (animal abuse 1)

• 167.325 (animal neglect 2)

• 167.330 (animal neglect 1)

may not possess any animal of the same genus against which the crime was committed or any domestic animal for a period of five (5) years following entry of the conviction

(b) In addition to any other penalty imposed by law, a person convicted of violating:

• 167.322 (animal abuse - aggravated)

• 167.333 (sexual assault of an animal)

• 167.365 (dogfighting)

• 167.428 (cockfighting)

or of a felony under:

• 167.320 (animal abuse 1)

• 167.325 (animal neglect 2)

• 167.330 (animal neglect 1)

may not possess any animal of the same genus against which the crime was committed or any domestic animal for a period of fifteen (15) years following entry of the conviction. However, the sentencing court may reduce the prohibition period if the person successfully completes mental health treatment approved by the court

(2) when a anyone is convicted of possessing an animal in violation of this section, as part of the sentence the court may order the removal of that animal from the person's residence and as a condition of their probation may prohibit the them from possessing any animal of the same genus that they unlawfully possessed under this statute or against which the underlying act was committed in violation of:

• 167.315 (animal abuse 2)

• 167.320 (animal abuse 1)

• 167.322 (animal abuse - aggravated)

• 167.325 (animal neglect 2)

• 167.330 (animal neglect 1)

• 167.333 (sexual assault of an animal)

• 167.340 (animal abandonment)

• 167.355 (involvement in animal fighting)

• 167.365 (dogfighting)

• 167.428 (cockfighting)

(3) the animal possession prohibition described in (1) above doesn't apply to a person's first conviction if they are the owner of a commercial livestock operation and the underlying act was committed against livestock in violation of:

• 167.315 (animal abuse 2)

• 167.320 (animal abuse 1)

• 167.322 (animal abuse - aggravated)

• 167.325 (animal neglect 2)

• 167.330 (animal neglect 1)

• 167.333 (sexual assault of an animal)

• 167.340 (animal abandonment)

• 167.355 (involvement in animal fighting)

• 167.365 (dogfighting)

• 167.428 (cockfighting)

(4)(a) a person subject to an animal possession prohibition described in (1) above may file a motion with the sentencing court requesting a prohibition waiver. The person must file a sworn affidavit in support of the motion stating that:

(A) their conviction leading to the possession prohibition involved only livestock

(B) during the two (2) years prior to the conviction triggering the prohibition, they were the owner of a commercial livestock operation

(C) they have not been convicted, in the previous five (5) years, of a crime involving animals or domestic violence or a crime where the victim was under 18 AND

(D) Their conviction was the result of:

(i) criminal liability for the conduct of another person under 161.155 (2)(c);

(ii) criminal liability of a corporation as described in 161.170 (criminal liability of corporations), and they are a corporation OR

(iii) animal neglect as described in 167.325 (animal neglect 2) or 167.330 (animal neglect 1) and their criminal conduct was not knowing or intentional

(b) when a person files a motion and affidavit described in paragraph (a) of this subsection, the sentencing court will hold a hearing. At the hearing, the sentencing court will grant the motion if the person proves by clear and convincing evidence that:

(A) continued enforcement of the prohibition against possessing livestock would result in substantial economic hardship that cannot otherwise be mitigated

(B) the person no longer poses any risk to animals AND

(C) the person is capable of providing and willing to provide necessary, adequate and appropriate levels of care for all livestock that would come within their custody or control if the petition is granted

(c) when deciding a motion filed under this subsection, the sentencing court may consider the person's financial circumstances and mental health in determining whether the person is capable of adequately caring for livestock

(d) if the sentencing court grants the motion described in this subsection, the waiver of the prohibition against possessing animals will apply only to livestock. The sentencing court will further order that for five (5) years the person must consent to reasonable inspections by law enforcement and the United States Department of Agriculture to ensure the welfare of the livestock under the person's custody or control. A refusal to consent to a reasonable inspection described in this paragraph is contempt of court and, if the person is found in contempt, shall result in the sentencing court revoking the waiver of the possession prohibition

(1) it's a violation of this statute if the suspect:

(a) With the intent to interfere with research, releases, steals or otherwise causes the death, injury or loss of any animal at or from an animal research facility

(b) With the intent to interfere with research, damages, vandalizes or steals any property in or on an animal research facility

(c) With the intent to interfere with research, obtains access to an animal research facility to perform acts not authorized by that facility.

(d) Obtains or exerts unauthorized control over records, data, materials, equipment or animals of any animal research facility with the intent to interfere with research by concealing, abandoning or destroying such records, data, materials, equipment or animals

(e) With the intent to interfere with research, possesses or uses equipment or animals that the person reasonably believes have been obtained by theft or deception from an animal research facility or without the authorization of an animal research facility

(3)(a) F(c): damage to the animal research facility is $2,500 or more OR

(b) M(a): no damage to the facility or the damage is less than $2,500

(1) Except as provided in paragraph (3), any dog, whether licensed or not, which, while off the premises owned or under control of its owner, kills, wounds, or injures any livestock not belonging to the master of such dog, is a public nuisance and may be killed immediately by any person. However, nothing in this section applies to any dog acting under the direction of its master, or the agents or employees of such master.

(2) If any dog, not under the control of its owner or keeper, is found chasing or feeding upon the warm carcass of livestock not the property of such owner or keeper it shall be deemed, prima facie, as engaged in killing, wounding or injuring livestock.

(3) No person shall kill any dog for killing, wounding, injuring or chasing chickens upon a public place, highway or within the corporate limits of any city

(1) it's a violation of this statute if the suspect:

(a) touches, contacts, or causes an object or another person to touch or contact, the mouth, anus or sex organs of an animal or animal carcass for the purpose of arousing or gratifying the sexual desire of a person OR

(b) causes an animal or animal carcass to touch or contact the mouth, anus or sex organs of a person for the purpose of arousing or gratifying sexual desire of a person

(2) (1) above doesn't apply to the use of products derived from animals

(2) anyone who possesses, controls or otherwise has charge of at the same time 10 or more sexually intact dogs that are eight months of age or older shall, in addition to providing minimum care:

(a) provide each dog with sufficient space to turn about freely, stand & sit & to lie down without the head, face, tail, legs or feet of the dog touching the sides of the enclosure or touching any other dog

(b) provide each dog with an enclosure that:

(A) has a solid floor without slats or gaps

(B) is six (6) inches higher than the head of the tallest dog in that enclosure when the tallest dog is in a normal standing position

(C) if elevated above the floor of a room, is placed so that the floor of the enclosure is no more than forty-two (42) inches above the floor of the room AND

(D) is not stacked or otherwise placed above or below any other dog enclosure

(c) provide each dog that is more than four (4) months of age with at least one (1) hour of regular exercise each day, unless a veterinarian has certified that the dog is medically precluded from exercise

(d) remove waste and contaminants from the enclosure at least once each day

(e) remove the dog from the enclosure when cleaning the enclosure of waste and contaminants

(f) maintain a record for each sexually intact dog that is eight months of age or older that identifies

(A) the date of birth for the dog or, if the date of birth is unknown, the date on which the person acquired possession, control or charge of the dog and the source of the dog

(B) any veterinary care provided for the dog AND

(C) the disposition the person makes of each dog possessed by, controlled by or in the charge of the person, including the date of disposition, manner of disposition and the name and address information for any person taking possession, control or charge of a dog

(3) a person must retain a record required under (3) above for a period of three (3) years following the death of the dog or a date on which the person permanently ceased to have possession, control or charge of the dog

(4) paragraphs (2) & (3) do not apply to:

(a) an animal control agency, humane society or animal shelter

(b) a person who provides care for dogs at the request of a unit of government, government agency, humane society or animal shelter

(c) a veterinary facility

(d) a person that is transporting dogs OR

(e) a boarding kennel

(1) it's a violation of this statute if the suspect knowingly:

(a) takes, appropriates, obtains or withholds a livestock animal from its owner or derives benefit from a livestock animal without the owner's consent OR

(b) takes or holds a livestock animal & so obtains the use of the animal to breed, bear or raise offspring without the consent of its owner

(2) except as otherwise provided by law, offspring born to a female livestock animal or hatched from the egg of a female livestock animal belong to the owner of the the animal until they transfer ownership of the offspring

(1) the suspect tethers a domestic animal in their custody or control

(a) with a tether not of a reasonable length given the size of the animal & the available space & that allows the animal to become entangled in a manner risking its health or safety

(b) with a collar that pinches or chokes the animal when pulled

(c) tethering more than ten (10) hours in a twenty-four (24) hour period OR

(d) tethering more than fifteen (15) hours in a twenty-four (24) hour period, if the tether is attached to a running line, pulley or trolley system.

(2) it's not a violation of this section if a domestic animal is tethered:

(a) while it remains in the physical presence of the person who owns, possesses, controls or otherwise has charge of it

(b) pursuant to the requirements of a campground or other recreational area

(c) for the purpose of engaging in an activity that requires licensure in this state, including but not limited to hunting

(d) to allow the person to transport the domestic animal OR

(e) if it's a dog kept for herding, protecting livestock or dogsledding