Animal abuse will likely mean fines and jail time
NWAnews.com :: Northwest Arkansas' News Source
ANDRA ATTEBERRY Staff Writer
andraa@nwanews.com
Posted on Wednesday, February 18, 2009
On Feb. 5, Gov. Mike Beebe signed a law making torturing animals a felony in Arkansas. The law will take effect 90 days after the end of the Arkansas legislative session, which is supposed to conclude March 12. That date can be extended if need be. The new law has three parts: felony aggravated cruelty, aggravated cruelty with a child present, and misdemeanor animal cruelty.
Felony Charges: Aggravated cruelty to a dog, cat or horse
Torturing a dog, cat or horse is aggravated cruelty. Torture, according to the law, hurting a dog, cat or horse through inhumane treatment or gross physical abuse, causing any of the three animals intensive or prolonged pain, serious physical injury or death and mutilating, maiming, burning, poisoning, drowning, or starving a dog, cat, or horse. A person convicted of aggravated cruelty has committed a Class D felony, which is punishable by up to six years in prison and up to $10,000 in fines. Those guilty of the felony also may be ordered to perform up to 400 hours of community service. They will have to have psychiatric or psychological evaluations and might receive court ordered psychiatric or psychological counseling or treatment.
Additional penalties if a child is present during aggravated cruelty
A person convicted of aggravated cruelty will face additional penalties if a child under 16 was present when the offense was committed. The prison term will not exceed five years and must be served consecutively with any other prison sentence. Also, the convicted person is not eligible for early release or community correction transfer for the additional years.
Unclassified misdemeanor
charges: Cruelty to animals
The new law states, (a) charge or charges of cruelty to animals may be filed against a person who
· Subjects any animal to cruel mistreatment - any act that causes or permits the continuation of unjustifiable pain or suffering;
· Kills or injures any animal owned by another person without legal privilege or consent of the owner;
· Abandon an animal at a location without providing for the animal's continued care;
· Fails to supply an animal in his or her custody with a sufficient quantity of wholesome food and water;
· Fails to provide an animal in his or her custody with adequate shelter that is consistent with the breed, species, and type of animal;
· Carries or causes to be carried in or upon any motorized vehicle or boat an animal in a cruel or inhumane manner.
A person convicted an unclassified misdemeanor
· Will have to pay a fine of from $150 to $1,000;
· Shall serve from one day up to one year in jail, or shall be ordered to complete community service;
· Have to have a psychiatric or psychological evaluation; and may have to have psychiatric or psychological counseling or treatment for a time set by the court.
The guilty party may have to pay for the evaluation, counseling and treatment.
All types of animal fighting are now illegal.
Lawmakers amended Section 6 from "Unlawful Dog Fighting" to "Unlawful Animal Fighting."
It is a class D felony.
The legislation is available at
Arkansas Attorney General Dustin McDaniel.