Many folks wonder what the their state law really says
about cruelty to animals. We present to you here the
Pa. state law which is similar to most other state laws.
PENNSYLVANIA 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 SURGICALTREATMENT.
(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, chicken
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.
For other specific state anti-cruelty laws go here:
http://www.nal.usda.gov/awic/companimals/companimals.htm
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