Pennsylvania Act 2004-236 — CRIMES CODE (18 PA.C.S.) - CRUELTY TO ANIMALS

Act text

CRIMES CODE (18 PA.C.S.) - CRUELTY TO ANIMALS
                 Act of Dec. 8, 2004, P.L. 1789, No. 236              Cl. 18
                             Session of 2004
                               No. 2004-236

     HB 709

                                  AN ACT

     Amending Title 18 (Crimes and Offenses) of the Pennsylvania
        Consolidated Statutes, further providing for cruelty to
        animals.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 5511(c) of Title 18 of the Pennsylvania
     Consolidated Statutes is amended and the section is amended by
     adding a subsection to read:
      § 5511.  Cruelty to animals.
        * * *
        (c)  Cruelty to animals.--
            (1)  A person commits [a summary] an 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.
            (2)  (i)  Except as provided in subparagraph (ii), a
            person convicted of violating paragraph (1) commits a
            summary offense.
                (ii)  A person convicted for a second or subsequent
            time of violating paragraph (1) commits a misdemeanor of
            the third degree if all of the following occurred:
                    (A)  The action or omission for which the person
                was convicted for a subsequent time was performed on
                a dog or cat.
                    (B)  The dog or cat was seriously injured,
                suffered severe physical distress or was placed at
                imminent risk of serious physical harm as the result
                of the person's action or omission.
            (3)  This subsection shall not apply to activity
        undertaken in normal agricultural operation.
        * * *
     (m.2)  Prohibition of ownership.--Notwithstanding any provision
     of law and 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 prohibition or limitation of the
     defendant's ownership, possession, control or custody of animals
     or employment with the care of animals for a period of time not
     to exceed the statutory maximum term of imprisonment applicable
     to the offense for which sentence is being imposed.
        * * *
        Section 2.  This act shall take effect immediately.

     APPROVED--The 8th day of December, A. D. 2004.

     EDWARD G. RENDELL