MISSISSIPPI LEGISLATURE
2007 Regular Session
To: Judiciary, Division B
By: Senator(s) Dearing
AN ACT TO AMEND SECTION 97-41-1, MISSISSIPPI CODE OF 1972, TO REVISE THE CRIME OF CRUELTY TO ANIMALS, TO INCORPORATE ELEMENTS OF OFFENSES FOUND ELSEWHERE IN CHAPTER 41, AND TO DISTINGUISH BETWEEN MISDEMEANOR AND FELONY DEGREES OF THE OFFENSE; TO AMEND SECTION 97-41-3, MISSISSIPPI CODE OF 1972, TO REVISE THE PROCESS BY WHICH AN ANIMAL MAY BE LAWFULLY DESTROYED, AND TO GRANT IMMUNITY TO THOSE ACTING UNDER THE SECTION IN GOOD FAITH; TO ENACT DEFINITIONS; TO PROVIDE EXEMPTIONS FROM THE APPLICATION OF THE CHAPTER; TO REPEAL SECTION 97-41-5, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THAT CARRYING ANY CREATURE IN A CRUEL OR INHUMAN MANNER IS A MISDEMEANOR; TO REPEAL SECTION 97-41-7, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THAT CONFINING ANY LIVING CREATURE WITHOUT SUFFICIENT FOOD AND WATER IS A MISDEMEANOR; TO REPEAL SECTION 97-41-9, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THAT A CUSTODIAN OF ANY LIVING CREATURE WHO FAILS TO PROVIDE SUFFICIENT FOOD AND DRINK IS GUILTY OF A MISDEMEANOR; TO REPEAL SECTION 97-41-13, MISSISSIPPI CODE OF 1972, WHICH PROVIDES PENALTIES FOR CERTAIN ACTS OF CRUELTY TO ANIMALS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-41-1, Mississippi Code of 1972, is amended as follows:
97-41-1. (1) (a) A person shall be guilty of simple animal cruelty who knowingly, intentionally or recklessly:
(i) Abandons or leaves an animal at a location without providing for or arranging for the animal's continued sustenance;
(ii) Fails to provide minimum care for or cruelly and unnecessarily causes substantial physical pain or injury to an animal; or
(iii) Causes any act listed in item (i) or (ii) of this paragraph (a) to be done.
(b) It shall not be a violation of this section to cause physical pain or injury to an animal if done for the good of the animal or to kill an animal for humane reasons if the animal is injured or diseased past reasonable recovery or by age has become useless, or if the animal is a danger to life, property or other animals.
(2) A person shall be guilty of aggravated animal cruelty who knowingly, intentionally or recklessly tortures, maims or mutilates an animal; aggravated animal cruelty is a felony.
(3) (a) (i) A first conviction of simple animal cruelty shall be a misdemeanor punishable by a fine of not more than One Thousand Dollars ($1,000.00), imprisonment in jail not to exceed six (6) months, or both.
(ii) A second conviction of simple animal cruelty shall be a misdemeanor punishable by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00), imprisonment in jail not less than one (1) nor more than six (6) months, or both.
(iii) A third or subsequent conviction of simple animal cruelty shall constitute a felony.
(b) A conviction of a felony under this section shall be punishable by a fine of not more than Five Thousand Dollars ($5,000.00), imprisonment in the custody of the Department of Corrections not to exceed five (5) years, or both.
(c) For any conviction under this section, the court may order restitution to the animal's owner as well as to law enforcement agencies or animal control or humane societies for the costs of investigation, sheltering, rehabilitation and other costs related to securing the conviction.
(d) A person convicted under this section may be enjoined from possessing an animal or animals or residing or working where animals are kept.
(e) A person convicted under this section may be ordered to perform community service, to participate in professional counseling, or both.
SECTION 2. Section 97-41-3, Mississippi Code of 1972, is amended as follows:
97-41-3. Any law enforcement officer, animal control officer, veterinarian or agent of a society for the prevention of cruelty to animals may kill, or cause to be killed, in a humane manner, any animal found neglected, injured or abandoned if * * * it is injured or diseased past reasonable recovery, or by age has become useless. Anyone acting in good faith pursuant to this section shall not be held liable either criminally or civilly for that action.
SECTION 3. For the purposes of this chapter, the following words and phrases shall have the meanings ascribed unless the context clearly requires otherwise:
(a) "Minimum care" means the provision of necessary sustenance to maintain the health of an animal, including an adequate quality and quantity of food, potable water, shelter which provides protection from the elements of adverse weather such as heat, cold, rain and wind, which is species appropriate, and veterinary care to prevent suffering.
(b) "Physical injury" means physical trauma, impairment of condition, or inflicted pain, except for that which is necessary for veterinary treatment.
(c) "Torture" means an act primarily done to inflict pain or suffering.
(d) "Torment" means an act primarily intended to cause anguish, fear or suffering.
SECTION 4. (1) The following activities will not be violations of this chapter: any and all activities associated with or incidental to the lawful hunting or trapping of wildlife, fishing, herding of domestic animals, accepted animal husbandry practices including slaughter, accepted dog handling and training practices, accepted veterinary practices, humane euthanasia performed at an animal shelter, accepted pest control practices, livestock shows, accepted equine activities, rodeo practices accepted by the Professional Rodeo Cowboy's Association, or activities carried on for teaching or for scientific or medical research governed by accepted standards.
(2) Nothing in this chapter shall be construed as prohibiting a person from:
(a) Defending his person or property, or the person or property of another, from injury or damage being caused by an animal; or
(b) Injuring or killing an animal reasonably believed to constitute a threat of injury or damage to property, livestock or poultry.
SECTION 5. Section 97-41-5, Mississippi Code of 1972, which provides that carrying any creature in a cruel or inhuman manner is a misdemeanor, is repealed.
SECTION 6. Section 97-41-7, Mississippi Code of 1972, which provides that confining any living creature without sufficient food and water is a misdemeanor, is repealed.
SECTION 7. Section 97-41-9, Mississippi Code of 1972, which provides that a custodian of any living creature who fails to provide sufficient food and drink is guilty of a misdemeanor, is repealed.
SECTION 8. Section 97-41-13, Mississippi Code of 1972, which provides penalties for certain acts of cruelty to animals, is repealed.
SECTION 9. Sections 3 and 4 of this act shall be codified within Title 97, Chapter 41, Mississippi Code of 1972.
SECTION 10. This act shall take effect and be in force from and after July 1, 2007.