11.101 - ANIMAL ABUSE/CRUELTY

Violations of "Statute 10.101" results in an Class A Misdemeanor (if there was: neglect, failure to provide food/water/shelter, minor cruelty) or Class D Felony (if there was: intentional torture, beating, burning, mutilation, or killing)

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(a) Definitions

Animal abuse/cruelty refers to the intentional or negligent infliction of harm, suffering, or death on an animal. This includes acts of physical violence, neglect, or any form of mistreatment that results in physical or psychological harm to the animal. The term encompasses both acts of direct abuse and failure to provide adequate care, shelter, food, or water.

(b) Elements

To establish the offense of animal abuse/cruelty, the prosecution must prove beyond a reasonable doubt the following elements:

• The defendant intentionally or recklessly caused physical harm or suffering to an animal.

• The defendant failed to provide the animal with adequate care, including shelter, food, and water, resulting in harm or suffering.

• The defendant engaged in conduct that involved intentional or reckless acts that caused the animal to experience severe pain or suffering.

(c) Defenses

Defenses against a charge of animal abuse/cruelty may include:

• The defendant did not intentionally or recklessly harm the animal and can prove the harm was unintentional or accidental.

• The defendant was unaware of the animal's distress or mistreatment due to factors outside their control, such as a third-party’s actions or natural causes.

• The actions taken were medically necessary or for the animal's welfare, such as emergency veterinary treatment, with proper documentation.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

• The animal was subjected to extreme or prolonged suffering, or the abuse was particularly cruel (e.g., torture, mutilation).

• The defendant has a history of animal abuse or cruelty.

• The abuse resulted in the death or permanent injury of the animal.

• The defendant had control over the animal and was responsible for its care or welfare at the time of the abuse.