Delaware
Anti-Cruelty StatutesDELAWARE
CODE
TITLE 11. CRIMES AND CRIMINAL PROCEDURE
PART I. DELAWARE CRIMINAL
CODE
CHAPTER 5. SPECIFIC OFFENSES SUBCHAPTER
VII. OFFENSES AGAINST PUBLIC HEALTH, ORDER AND DECENCY
SUBPART A. RIOT, DISORDERLY
CONDUCT AND RELATED OFFENSES
§
1325. Cruelty to animals; class A misdemeanor; class F felony
A.
For the purpose of this section, the following words and phrases shall include,
but not be limited to, the meanings respectively ascribed to them as follows:
- (1)"Cruel"
includes every act or omission to act whereby unnecessary or unjustifiable physical
pain or suffering is caused or permitted.
- (2)"Cruel mistreatment"
includes any treatment whereby unnecessary or unjustifiable physical pain or suffering
is caused or permitted.
- (3) "Cruel neglect" includes neglect
of an animal, which is under the care and control of the neglector, whereby pain
or suffering is caused to the animal or abandonment of any domesticated animal
by its owner or custodian. By way of example, cruel neglect shall also include
allowing an animal to live in unsanitary conditions, such as keeping an animal
where the animal's own excrement is not removed from the animal's living area
and/or other living conditions which are injurious to the animal's health.
- (4) "Cruelty to animals" includes mistreatment of any
animal or neglect of any animal under the care and control of the neglector, whereby
unnecessary or unjustifiable physical pain or suffering is caused. By way of example
this includes: Unjustifiable beating of an animal; overworking an animal; tormenting
an animal; abandonment of an animal; failure to feed properly or give proper shelter
or veterinary care to an animal. B.
Cruelty to animals is a Class A misdemeanor.
- (5) "Person"
includes any individual, partnership, corporation or association living and/or
doing business in the State.
- (6) "Abandonment" includes completely
forsaking or deserting an animal originally under one's custody without making
reasonable arrangements for custody of that animal to be assumed by another person.
- (7) "Custody" includes the responsibility for the welfare of
an animal subject to one's care and control whether one owns it or not.
- (8)
"Proper feed" includes providing each animal with daily food and water
of sufficient quality and quantity to prevent unnecessary or unjustifiable physical
pain or suffering by the animal.
- (9) "Proper shelter" includes
providing each animal with adequate shelter from the weather elements as required
to prevent unnecessary or unjustifiable physical pain or suffering by the animal.
- (10) "Proper veterinary care" includes providing each animal
with veterinary care sufficient to prevent unnecessary or unjustifiable physical
pain or suffering by the animal.
- (11) "Animal" shall not include
fish, crustacea or molluska.
- (12) "Serious injury" shall include
any injury to any animal which creates a substantial risk of death, or which causes
prolonged impairment of health or prolonged loss or impairment of the function
of any bodily organ.
B. A person is guilty of cruelty to animals when
the person intentionally or recklessly:
- (1) Subjects any animal
to cruel mistreatment; or
- (2) Subjects any animal in the person's custody
to cruel neglect; or
- (3) Kills or injures any animal belonging to another
person without legal privilege or consent of the owner; or
- (4) Cruelly
or unnecessarily kills or injures any animal whether belonging to the actor or
another. This section does not apply to the killing of any animal normally or
commonly raised as food for human consumption, provided that such killing is not
cruel. A person acts unnecessarily if the act is not required to terminate an
animal's suffering, to protect the life or property of the actor or another person
or if other means of disposing of an animal exist which would not impair the health
or well-being of that animal; or
- (5) Captures, detains, transports, removes
or delivers any animal known to be a domestic farm animal, pet or companion animal,
or any other animal of scientific, environmental, economic or cultural value,
under false pretenses to any public or private animal shelter, veterinary clinic
or other facility, or otherwise causes the same through acts of deception or misrepresentation
of the circumstances and disposition of any such animal.
Paragraphs
(1), (2) and (4) of this subsection are inapplicable to accepted veterinary practices
and activities carried on for scientific research.
Cruelty to animals is
a class A misdemeanor, unless the person intentionally kills or causes serious
injury to any animal in violation of paragraph (4) of this subsection or unless
the animal is killed or seriously injured as a result of any action prohibited
by paragraph (5), in which case it is a class F felony.
(c) Any person
convicted of a misdemeanor violation of this section shall be prohibited from
owning or possessing any animal for 5 years after said conviction, except for
animals grown, raised or produced within the State for resale, or for sale of
a product thereof, where the person has all necessary licenses for such sale or
resale, and receives at least 25 percent of the person's annual gross income from
such sale or resale. Any person convicted of a second or subsequent misdemeanor
violation of this section shall be prohibited from owning or possessing any animal
for 5 years after said conviction without exception.
A violation of this
subsection is subject to a fine in the amount of $ 1,000 in any court of competent
jurisdiction and to forfeiture of any animal illegally owned in accordance with
the provisions of 3 Del. C. § 7904.
(d) Any person convicted of a
felony violation of this section shall be prohibited from owning or possessing
any animal for 15 years after said conviction, except for animals grown, raised
or produced within the State for resale, or for sale of a product thereof, where
the person has all necessary licenses for such sale or resale, and receives at
least 25 percent of the person's annual gross income from such sale or resale.
Any person convicted of a second or subsequent felony violation of this section
shall be prohibited from owning or possessing any animal for 15 years after said
conviction without exception.
A violation of this subsection is subject to
a fine in the amount of $ 5,000 in any court of competent jurisdiction and to
forfeiture of any animal illegally owned in accordance with the provisions of
3 Del. C. § 7904. (e) Any agent of the Delaware Society for the Prevention
of Cruelty to Animals, or, in Kent County of this State, of the Kent County Society
for the Prevention of Cruelty to Animals, may impound an animal owned or possessed
in apparent violation of this section, consistent with 3 Del. C. § 7904.
(f) This section shall not apply to the lawful hunting or trapping of animals
as provided by law.
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