Pennsylvania
Anti-Cruelty
StatutesPENNSYLVANIA
STATUTES AND CONSOLIDATED STATUTES
PURDON'S PENNSYLVANIA CONSOLIDATED STATUTES
TITLE 18. CRIMES AND OFFENSES
PART II. DEFINITION OF SPECIFIC
OFFENSES
ARTICLE F. OFFENSES AGAINST PUBLIC ORDER AND DECENCY
CHAPTER
55. RIOT, DISORDERLY CONDUCT AND RELATED OFFENSES §
5511. Cruelty to animals
(a) KILLING, MAIMING OR POISONING DOMESTIC
ANIMALS OR ZOO ANIMALS, ETC.--
(1) A person commits a misdemeanor of
the second degree if he willfully
and maliciously:
(i) Kills, maims
or disfigures any domestic animal of another person
or any domestic fowl
of another person.
(ii) Administers poison to or exposes any poisonous
substance with
the intent to administer such poison to any domestic animal
of
another person or domestic fowl of another person.
(iii) Harasses,
annoys, injures, attempts to injure, molests or
interferes with a dog guide
for an individual who is blind, a hearing
dog for an individual who is deaf
or audibly impaired or a service
dog for an individual who is physically
limited.
Any person convicted of violating the provisions of this paragraph
shall be sentenced to pay a fine of not less than $ 500.
(2) A
person commits a felony of the third degree if he willfully and
maliciously:
(i) Kills, maims or disfigures any zoo animal in captivity.
(ii) Administers poison to or exposes any poisonous substance with
the intent
to administer such poison to any zoo animal in captivity.
(2.1) (i)
A person commits a misdemeanor of the first degree if he
willfully and maliciously:
(A) Kills, maims, mutilates, tortures or disfigures any dog or cat,
whether belonging to himself or otherwise. If a person kills,
maims,
mutilates, tortures or disfigures a dog guide for an
individual who is blind,
a hearing dog for an individual who is
deaf or audibly impaired or a service
dog for an individual who is
physically limited, whether belonging to the
individual or
otherwise, that person, in addition to any other applicable
penalty, shall be required to make reparations for veterinary costs
in treating the dog and, if necessary, the cost of obtaining and
training
a replacement dog.
(B) Administers poison to or exposes any poisonous
substance with
the intent to administer such poison to any dog or cat, whether
belonging to himself or otherwise.
(ii) Any person convicted of
violating the provisions of this
paragraph shall be sentenced to pay a fine
of not less than $ 1,000
or to imprisonment for not more than two years,
or both. The court
may also order a presentence mental evaluation. A subsequent
conviction under this paragraph shall be a felony of the third
degree.
This paragraph shall apply to dogs and cats only.
(iii) The killing
of a dog or cat by the owner of that animal is not
malicious if it is accomplished
in accordance with the act of
December 22, 1983 (P.L. 303, No. 83), referred
to as the Animal
Destruction Method Authorization Law.
(3) This
subsection shall not apply to:
(i) the killing of any animal taken or
found in the act of actually
destroying any domestic animal or domestic fowl;
(ii) the killing of any animal or fowl pursuant to the act of June 3,
1937 (P.L. 1225, No. 316), known as The Game Law, or 34 Pa.C.S. §§
2384 (relating to declaring dogs public nuisances) and 2385 (relating
to destruction of dogs declared public nuisances), or the regulations
promulgated
thereunder; or
(iii) such reasonable activity as may be undertaken in
connection
with vermin control or pest control.
(b) REGULATING
CERTAIN ACTIONS CONCERNING FOWL OR RABBITS.--A PERSON COMMITS A SUMMARY OFFENSE
IF HE SELLS, OFFERS FOR SALE, BARTERS, OR GIVES AWAY BABY CHICKENS, DUCKLINGS,
OR OTHER FOWL, UNDER ONE MONTH OF AGE, OR RABBITS UNDER TWO MONTHS OF AGE, AS
PETS, TOYS, PREMIUMS OR NOVELTIES OR IF HE COLORS, DYES, STAINS OR OTHERWISE CHANGES
THE NATURAL COLOR OF BABY CHICKENS, DUCKLINGS OR OTHER FOWL, OR RABBITS OR IF
HE BRINGS OR TRANSPORTS THE SAME INTO THIS COMMONWEALTH. THIS SECTION SHALL NOT
BE CONSTRUED TO PROHIBIT THE SALE OR DISPLAY OF SUCH BABY CHICKENS, DUCKLINGS,
OR OTHER FOWL, OR SUCH RABBITS, IN PROPER FACILITIES BY PERSONS ENGAGED IN THE
BUSINESS OF SELLING THEM FOR PURPOSES OF COMMERCIAL BREEDING AND RAISING.
(c) CRUELTY TO ANIMALS.--A PERSON COMMITS A SUMMARY OFFENSE IF HE WANTONLY
OR CRUELLY ILLTREATS, OVERLOADS, BEATS, OTHERWISE ABUSES ANY ANIMAL, OR NEGLECTS
ANY ANIMAL AS TO WHICH HE HAS A DUTY OF CARE, WHETHER BELONGING TO HIMSELF OR
OTHERWISE, OR ABANDONS ANY ANIMAL, OR DEPRIVES ANY ANIMAL OF NECESSARY SUSTENANCE,
DRINK, SHELTER OR VETERINARY CARE, OR ACCESS TO CLEAN AND SANITARY SHELTER WHICH
WILL PROTECT THE ANIMAL AGAINST INCLEMENT WEATHER AND PRESERVE THE ANIMAL'S BODY
HEAT AND KEEP IT DRY. THIS SUBSECTION SHALL NOT APPLY TO ACTIVITY UNDERTAKEN IN
NORMAL AGRICULTURAL OPERATION.
(d) SELLING OR USING DISABLED HORSE.--A
PERSON COMMITS A SUMMARY OFFENSE IF HE OFFERS FOR SALE OR SELLS ANY HORSE, WHICH
BY REASON OF DEBILITY, DISEASE OR LAMENESS, OR FOR OTHER CAUSE, COULD NOT BE WORKED
OR USED WITHOUT VIOLATING THE LAWS AGAINST CRUELTY TO ANIMALS, OR LEADS, RIDES,
DRIVES OR TRANSPORTS ANY SUCH HORSE FOR ANY PURPOSE, EXCEPT THAT OF CONVEYING
THE HORSE TO THE NEAREST AVAILABLE APPROPRIATE FACILITY FOR ITS HUMANE KEEPING
OR DESTRUCTION OR FOR MEDICAL OR SURGICAL TREATMENT.
(e) TRANSPORTING
ANIMALS IN CRUEL MANNER.--A PERSON COMMITS A SUMMARY OFFENSE IF HE CARRIES, OR
CAUSES, OR ALLOWS TO BE CARRIED IN OR UPON ANY CART, OR OTHER VEHICLE WHATSOEVER,
ANY ANIMAL IN A CRUEL OR INHUMANE MANNER. THE PERSON TAKING HIM INTO CUSTODY MAY
TAKE CHARGE OF THE ANIMAL AND OF ANY SUCH VEHICLE AND ITS CONTENTS, AND DEPOSIT
THE SAME IN SOME SAFE PLACE OF CUSTODY, AND ANY NECESSARY EXPENSES WHICH MAY BE
INCURRED FOR TAKING CHARGE OF AND KEEPING THE SAME, AND SUSTAINING ANY SUCH ANIMAL,
SHALL BE A LIEN THEREON, TO BE PAID BEFORE THE SAME CAN LAWFULLY BE RECOVERED,
OR THE SAID EXPENSES OR ANY PART THEREOF REMAINING UNPAID MAY BE RECOVERED BY
THE PERSON INCURRING THE SAME FROM THE OWNER OF SAID CREATURE IN ANY ACTION THEREFOR.
For the purposes of this section, it shall not be deemed cruel or inhumane
to transport live poultry in crates so long as not more than 15 pounds of live
poultry are allocated to each cubic foot of space in the crate.
(E.1)
TRANSPORTING EQUINE ANIMALS IN CRUEL MANNER.--NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, A PERSON COMMITS A SUMMARY OFFENSE FOR EACH EQUINE ANIMAL IF THE PERSON
CARRIES, OR CAUSES OR ALLOWS TO BE CARRIED, ANY EQUINE ANIMAL IN OR UPON ANY CONVEYANCE
OR OTHER VEHICLE WHATSOEVER WITH TWO OR MORE LEVELS STACKED ON TOP OF ONE ANOTHER.
A PERSON WHO VIOLATES THIS SUBSECTION ON A SECOND OR SUBSEQUENT OCCASION COMMITS
A MISDEMEANOR OF THE THIRD DEGREE FOR EACH EQUINE ANIMAL TRANSPORTED.
(f) HOURS OF LABOR OF ANIMALS.--A PERSON COMMITS A SUMMARY OFFENSE IF HE LEADS,
DRIVES, RIDES OR WORKS OR CAUSES OR PERMITS ANY OTHER PERSON TO LEAD, DRIVE, RIDE
OR WORK ANY HORSE, MARE, MULE, OX, OR ANY OTHER ANIMAL, WHETHER BELONGING TO HIMSELF
OR IN HIS POSSESSION OR CONTROL, FOR MORE THAN 15 HOURS IN ANY 24 HOUR PERIOD,
OR MORE THAN 90 HOURS IN ANY ONE WEEK.
Nothing in this subsection contained
shall be construed to warrant any persons leading, driving, riding or walking
any animal a less period than 15 hours, when so doing shall in any way violate
the laws against cruelty to animals.
(g) CRUELTY TO COW TO ENHANCE APPEARANCE
OF UDDER.--A PERSON COMMITS A SUMMARY OFFENSE IF HE KNEADS OR BEATS OR PADS THE
UDDER OF ANY COW, OR WILLFULLY ALLOWS IT TO GO UNMILKED FOR A PERIOD OF 24 HOURS
OR MORE, FOR THE PURPOSE OF ENHANCING THE APPEARANCE OR SIZE OF THE UDDER OF SAID
COW, OR BY A MUZZLE OR ANY OTHER DEVICE PREVENTS ITS CALF, IF LESS THAN SIX WEEKS
OLD, FROM OBTAINING NOURISHMENT, AND THEREBY RELIEVING THE UDDER OF SAID COW,
FOR A PERIOD OF 24 HOURS.
(h) CROPPING EARS OF DOG; PRIMA FACIE EVIDENCE
OF VIOLATION.--A PERSON COMMITS A SUMMARY OFFENSE IF HE CROPS OR CUTS OFF, OR
CAUSES OR PROCURES TO BE CROPPED OR CUT OFF, THE WHOLE, OR PART OF THE EAR OR
EARS OF A DOG OR SHOWS OR EXHIBITS OR PROCURES THE SHOWING OR EXHIBITION OF ANY
DOG WHOSE EAR IS OR EARS ARE CROPPED OR CUT OFF, IN WHOLE OR IN PART, UNLESS THE
PERSON SHOWING SUCH DOG HAS IN HIS POSSESSION EITHER A CERTIFICATE OF VETERINARIAN
STATING THAT SUCH CROPPING WAS DONE BY THE VETERINARIAN OR A CERTIFICATE OF REGISTRATION
FROM A COUNTY TREASURER, SHOWING THAT SUCH DOG WAS CUT OR CROPPED BEFORE THIS
SECTION BECAME EFFECTIVE.
The provisions of this section shall not prevent
a veterinarian from cutting or cropping the whole or part of the ear or ears of
a dog when such dog is anesthetized, and shall not prevent any person from causing
or procuring such cutting or cropping of a dog's ear or ears by a veterinarian.
The possession by any person of a dog with an ear or ears cut off or
cropped and with the wound resulting therefrom unhealed, or any such dog being
found in the charge or custody of any person or confined upon the premises owned
by or under the control of any person, shall be prima facie evidence of a violation
of this subsection by such person except as provided for in this subsection.
The owner of any dog whose ear or ears have been cut off or cropped before
this section became effective may, if a resident of this Commonwealth, register
such dog with the treasurer of the county where he resides, and if a nonresident
of this Commonwealth, with the treasurer of any county of this Commonwealth, by
certifying, under oath, that the ear or ears of such dog were cut or cropped before
this section became effective, and the payment of a fee of $ 1 into the county
treasury. The said treasurer shall thereupon issue to such person a certificate
showing such dog to be a lawfully cropped dog.
(H.1) ANIMAL FIGHTING.--A
PERSON COMMITS A FELONY OF THE THIRD DEGREE IF HE:
(1) for amusement
or gain, causes, allows or permits any animal to
engage in animal fighting;
(2) receives compensation for the admission of another person to any
place kept or used for animal fighting;
(3) owns, possesses, keeps,
trains, promotes, purchases or knowingly
sells any animal for animal fighting;
(4) in any way knowingly encourages, aids or assists therein;
(5) wagers on the outcome of an animal fight;
(6) pays for admission
to an animal fight or attends an animal fight as
a spectator; or
(7) knowingly permits any place under his control or possession to be
kept
or used for animal fighting.
This subsection shall not apply to activity
undertaken in a normal agricultural operation.
(i) POWER TO INITIATE
CRIMINAL PROCEEDINGS.--AN AGENT OF ANY SOCIETY OR ASSOCIATION FOR THE PREVENTION
OF CRUELTY TO ANIMALS, INCORPORATED UNDER THE LAWS OF THE COMMONWEALTH, SHALL
HAVE THE SAME POWERS TO INITIATE CRIMINAL PROCEEDINGS PROVIDED FOR POLICE OFFICERS
BY THE PENNSYLVANIA RULES OF CRIMINAL PROCEDURE. AN AGENT OF ANY SOCIETY OR ASSOCIATION
FOR THE PREVENTION OF CRUELTY TO ANIMALS, INCORPORATED UNDER THE LAWS OF THIS
COMMONWEALTH, SHALL HAVE STANDING TO REQUEST ANY COURT OF COMPETENT JURISDICTION
TO ENJOIN ANY VIOLATION OF THIS SECTION.
(j) SEIZURE OF ANIMALS KEPT
OR USED FOR ANIMAL FIGHTING.--ANY POLICE OFFICER OR AGENT OF A SOCIETY OR ASSOCIATION
FOR THE PREVENTION OF CRUELTY TO ANIMALS INCORPORATED UNDER THE LAWS OF THIS COMMONWEALTH,
SHALL HAVE POWER TO SEIZE ANY ANIMAL KEPT, USED, OR INTENDED TO BE USED FOR ANIMAL
FIGHTING. WHEN THE SEIZURE IS MADE, THE ANIMAL OR ANIMALS SO SEIZED SHALL NOT
BE DEEMED ABSOLUTELY FORFEITED, BUT SHALL BE HELD BY THE OFFICER OR AGENT SEIZING
THE SAME UNTIL A CONVICTION OF SOME PERSON IS FIRST OBTAINED FOR A VIOLATION OF
SUBSECTION (H.1). THE OFFICER OR AGENT MAKING SUCH SEIZURE SHALL MAKE DUE RETURN
TO THE ISSUING AUTHORITY, OF THE NUMBER AND KIND OF ANIMALS OR CREATURES SO SEIZED
BY HIM. WHERE AN ANIMAL IS THUS SEIZED, THE POLICE OFFICER OR AGENT IS AUTHORIZED
TO PROVIDE SUCH CARE AS IS REASONABLY NECESSARY, AND WHERE ANY ANIMAL THUS SEIZED
IS FOUND TO BE DISABLED, INJURED OR DISEASED BEYOND REASONABLE HOPE OF RECOVERY,
THE POLICE OFFICER OR AGENT IS AUTHORIZED TO PROVIDE FOR THE HUMANE DESTRUCTION
OF THE ANIMAL. IN ADDITION TO ANY OTHER PENALTY PROVIDED BY LAW, THE AUTHORITY
IMPOSING SENTENCE UPON A CONVICTION FOR ANY VIOLATION OF SUBSECTION (H.1) SHALL
ORDER THE FORFEITURE OR SURRENDER OF ANY ABUSED, NEGLECTED OR DEPRIVED ANIMAL
OF THE DEFENDANT TO ANY SOCIETY OR ASSOCIATION FOR THE PREVENTION OF CRUELTY TO
ANIMALS DULY INCORPORATED UNDER THE LAWS OF THIS COMMONWEALTH AND SHALL REQUIRE
THAT THE OWNER PAY THE COST OF THE KEEPING, CARE AND DESTRUCTION OF THE ANIMAL.
(k) KILLING HOMING PIGEONS.--A PERSON COMMITS A SUMMARY OFFENSE IF HE
SHOOTS, MAIMS OR KILLS ANY ANTWERP OR HOMING PIGEON, EITHER WHILE ON FLIGHT OR
AT REST, OR DETAINS OR ENTRAPS ANY SUCH PIGEON WHICH CARRIES THE NAME OF ITS OWNER.
(l) SEARCH WARRANTS.--WHERE A VIOLATION OF THIS SECTION IS ALLEGED,
ANY ISSUING AUTHORITY MAY, IN COMPLIANCE WITH THE APPLICABLE PROVISIONS OF THE
PENNSYLVANIA RULES OF CRIMINAL PROCEDURE, ISSUE TO ANY POLICE OFFICER OR ANY AGENT
OF ANY SOCIETY OR ASSOCIATION FOR THE PREVENTION OF CRUELTY TO ANIMALS DULY INCORPORATED
UNDER THE LAWS OF THIS COMMONWEALTH A SEARCH WARRANT AUTHORIZING THE SEARCH OF
ANY BUILDING OR ANY ENCLOSURE IN WHICH ANY VIOLATION OF THIS SECTION IS OCCURRING
OR HAS OCCURRED, AND AUTHORIZING THE SEIZURE OF EVIDENCE OF THE VIOLATION INCLUDING,
BUT NOT LIMITED TO, THE ANIMALS WHICH WERE THE SUBJECT OF THE VIOLATION. WHERE
AN ANIMAL THUS SEIZED IS FOUND TO BE NEGLECTED OR STARVING, THE POLICE OFFICER
OR AGENT IS AUTHORIZED TO PROVIDE SUCH CARE AS IS REASONABLY NECESSARY, AND WHERE
ANY ANIMAL THUS SEIZED IS FOUND TO BE DISABLED, INJURED OR DISEASED BEYOND REASONABLE
HOPE OF RECOVERY, THE POLICE OFFICER OR AGENT IS AUTHORIZED TO PROVIDE FOR THE
HUMANE DESTRUCTION OF THE ANIMAL. THE COST OF THE KEEPING, CARE AND DESTRUCTION
OF THE ANIMAL SHALL BE PAID BY THE OWNER THEREOF AND CLAIMS FOR THE COSTS SHALL
CONSTITUTE A LIEN UPON THE ANIMAL. IN ADDITION TO ANY OTHER PENALTY PROVIDED BY
LAW, THE AUTHORITY IMPOSING SENTENCE UPON A CONVICTION FOR ANY VIOLATION OF THIS
SECTION MAY REQUIRE THAT THE OWNER PAY THE COST OF THE KEEPING, CARE AND DESTRUCTION
OF THE ANIMAL. NO SEARCH WARRANT SHALL BE ISSUED BASED UPON AN ALLEGED VIOLATION
OF THIS SECTION WHICH AUTHORIZES ANY POLICE OFFICER OR AGENT OR OTHER PERSON TO
ENTER UPON OR SEARCH PREMISES WHERE SCIENTIFIC RESEARCH WORK IS BEING CONDUCTED
BY, OR UNDER THE SUPERVISION OF, GRADUATES OF DULY ACCREDITED SCIENTIFIC SCHOOLS
OR WHERE BIOLOGICAL PRODUCTS ARE BEING PRODUCED FOR THE CARE OR PREVENTION OF
DISEASE.
(m) FORFEITURE.--IN ADDITION TO ANY OTHER PENALTY PROVIDED
BY LAW, THE AUTHORITY IMPOSING SENTENCE UPON A CONVICTION FOR ANY VIOLATION OF
THIS SECTION MAY ORDER THE FORFEITURE OR SURRENDER OF ANY ABUSED, NEGLECTED OR
DEPRIVED ANIMAL OF THE DEFENDANT TO ANY SOCIETY OR ASSOCIATION FOR THE PREVENTION
OF CRUELTY TO ANIMALS DULY INCORPORATED UNDER THE LAWS OF THIS COMMONWEALTH.
(M.1) FINE FOR SUMMARY OFFENSE.--IN ADDITION TO ANY OTHER PENALTY PROVIDED
BY LAW, A PERSON CONVICTED OF A SUMMARY OFFENSE UNDER THIS SECTION SHALL PAY A
FINE OF NOT LESS THAN $ 50 NOR MORE THAN $ 750 OR TO IMPRISONMENT FOR NOT MORE
THAN 90 DAYS, OR BOTH.
(n) SKINNING OF AND SELLING OR BUYING PELTS OF
DOGS AND CATS.--A PERSON COMMITS A SUMMARY OFFENSE IF HE SKINS A DOG OR CAT OR
OFFERS FOR SALE OR EXCHANGE OR OFFERS TO BUY OR EXCHANGE THE PELT OR PELTS OF
ANY DOG OR CAT.
(o) REPRESENTATION OF HUMANE SOCIETY BY ATTORNEY.--UPON
PRIOR AUTHORIZATION AND APPROVAL BY THE DISTRICT ATTORNEY OF THE COUNTY IN WHICH
THE PROCEEDING IS HELD, AN ASSOCIATION OR AGENT MAY BE REPRESENTED IN ANY PROCEEDING
UNDER THIS SECTION BY ANY ATTORNEY ADMITTED TO PRACTICE BEFORE THE SUPREME COURT
OF PENNSYLVANIA AND IN GOOD STANDING. ATTORNEY'S FEES SHALL BE BORNE BY THE HUMANE
SOCIETY OR ASSOCIATION WHICH IS REPRESENTED.
(O.1) CONSTRUCTION OF SECTION.--THE
PROVISIONS OF THIS SECTION SHALL NOT SUPERSEDE THE ACT OF DECEMBER 7, 1982 (P.L.
784, NO. 225), KNOWN AS THE DOG LAW.
(p) APPLICABILITY OF SECTION.--THIS
SECTION SHALL NOT APPLY TO, INTERFERE WITH OR HINDER ANY ACTIVITY WHICH IS AUTHORIZED
OR PERMITTED PURSUANT TO THE ACT OF JUNE 3, 1937 (P.L.1225, NO. 316), KNOWN AS
THE GAME LAW OR TITLE 34 (RELATING TO GAME).
(q) DEFINITIONS.--AS USED
IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN
TO THEM IN THIS SUBSECTION:
"Animal fighting." Fighting or
baiting any bull, bear, dog, cock or other creature.
"Audibly impaired."
The inability to hear air conduction thresholds at an average of 40 decibels or
greater in the better ear.
"Blind." Having a visual acuity
of 20/200 or less in the better eye with correction or having a limitation of
the field of vision such that the widest diameter of the visual field subtends
an angular distance not greater than 20 degrees.
"Conveyance."
A truck, tractor, trailer or semitrailer, or any combination of these, propelled
or drawn by mechanical power.
"Deaf." Totally impaired hearing
or hearing with or without amplification which is so seriously impaired that the
primary means of receiving spoken language is through other sensory input, including,
but not limited to, lip reading, sign language, finger spelling or reading.
"Domestic animal." Any dog, cat, equine animal, bovine animal,
sheep, goat or porcine animal.
"Domestic fowl." Any avis raised
for food, hobby or sport.
"Equine animal." Any member of the
Equidae family, which includes horses, asses, mules, ponies and zebras.
"Normal agricultural operation." Normal activities, practices and procedures
that farmers adopt, use or engage in year after year in the production and preparation
for market of poultry, livestock and their products in the production and harvesting
of agricultural, agronomic, horticultural, silvicultural and aquicultural crops
and commodities.
"Physically limited." Having limited ambulation,
including, but not limited to, a temporary or permanent impairment or condition
that causes an individual to use a wheelchair or walk with difficulty or insecurity,
affects sight or hearing to the extent that an individual is insecure or exposed
to danger, causes faulty coordination or reduces mobility, flexibility, coordination
or perceptiveness.
"Zoo animal." Any member of the class of
mammalia, aves, amphibia or reptilia which is kept in a confined area by a public
body or private individual for purposes of observation by the general public.
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