House Bill 1402

AN ACT TO AMEND SECTION 97-41-16, MISSISSIPPI CODE OF 1972, TO REVISE THE CRIMINAL OFFENSE OF MALICIOUS OR MISCHIEVOUS INJURY TO A DOG OR CAT; TO PROVIDE THAT CERTAIN ACTIVITIES WILL NOT CONSTITUTE THE CRIMINAL OFFENSE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 97-41-16, Mississippi Code of 1972, is amended as follows:

97-41-16. (1) The provisions of this section shall be known and may be cited as the "Mississippi Dog and Cat Pet Safety Act."

(2) (a) If any person knowingly, mischievously, unjustifiably or negligently, shall torture, torment, injure, deprive of necessary sustenance including food and water, beat, maim, wound or mutilate any dog or cat, or cause any person to do the same, he shall be guilty of the offense of simple cruelty to a dog or cat, and upon conviction, shall be fined not more than One Thousand Dollars ($1,000.00) or be imprisoned not exceeding six (6) months, or both.

(b) If any person intentionally, maliciously, or out of a spirit of revenge or wanton cruelty, shall injure, deprive of necessary sustenance including food and water, torture, mutilate, disfigure, burn, poison, maim, wound or kill any dog or cat, or cause any person to do the same, he shall be guilty of the offense of aggravated cruelty to a dog or cat, and upon conviction, shall be fined not less than One Thousand Five Hundred Dollars ($1,500.00) nor more than Five Thousand Dollars ($5,000.00) or be imprisoned not less than twelve (12) months nor more than three (3) years, or both.

(3) In addition to such fine or imprisonment which may be imposed, the court shall order that restitution be made to the owner of such dog or cat. The measure for restitution in money shall be the current replacement value of such loss and the actual veterinarian fees, special supplies, loss of income and other cost incurred as a result of actions in violation of subsections (1) or (2) of this section.

(4) For purposes of this section:

(a) Each incident or act of cruelty to a dog or cat, and each dog or cat that is treated cruelly, shall constitute the basis for a separate offense.

(b) A conviction and imposition of a sentence under this section does not prevent a conviction and imposition of a sentence under any other applicable provision of law relating to animal cruelty crimes.

(5) Nothing in this section shall be construed to prohibit: (a) A person from injuring or killing a dog or cat reasonably believed to constitute a threat of injury or death to humans, livestock, poultry or other domestic or lawfully kept animals.

(b) The following legal activities and practices conducted in accordance with the state and federal law:

(i) The practice of veterinary medicine;

(ii) Hunting or trapping of wildlife with dogs;

(iii) Scientific research and teaching or medical treatment, research and teaching, as governed by the Federal Animal Welfare Act or recommended by the American Veterinary Medical Association;

(iv) Agricultural and animal husbandry practices, including herding of domestic animals with dogs;

(v) Equine, livestock, rodeo and other animal handling activities using dogs; and

(vi) Engaging in conduct or performing activities otherwise permitted under state or federal law.

SECTION 2. This act shall take effect and be in force from and after its passage.