As used in this part 2, unless the context otherwise
requires:
(1)Abandon means the leaving of an animal without adequate provisions
for the animal's proper care by its owner, the person responsible for the animal's
care or custody, or any other person having possession of such animal.
(2)Animal means any living dumb creature, including a certified police
working dog, a police working horse, and a service animal as those terms are
defined, respectively, in subsections (2.3), (2.4), and (4.7) of this section.
(2.3) Certified police working dog means a dog that has current
certification from a state or national agency or an association that certifies police
working dogs, and that is part of a working law enforcement team.
(2.4) Police working horse means a horse that is currentl
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As used in this part 2, unless the context otherwise
requires:
(1) Abandon means the leaving of an animal without adequate provisions
for the animal's proper care by its owner, the person responsible for the animal's
care or custody, or any other person having possession of such animal.
(2) Animal means any living dumb creature, including a certified police
working dog, a police working horse, and a service animal as those terms are
defined, respectively, in subsections (2.3), (2.4), and (4.7) of this section.
(2.3) Certified police working dog means a dog that has current
certification from a state or national agency or an association that certifies police
working dogs, and that is part of a working law enforcement team.
(2.4) Police working horse means a horse that is currently working full time
or part time as part of a working law enforcement team and has met the standards
of the law enforcement team to work in such capacity.
(2.5) Disposal or disposition means adoption of an animal; return of an
animal to the owner; sale of an animal under section 18-9-202.5 (4); release of an
animal to a rescue group licensed pursuant to article 80 of title 35, C.R.S.; release
of an animal to another pet animal facility licensed pursuant to article 80 of title 35,
C.R.S.; or release of an animal to a rehabilitator licensed by the parks and wildlife
division or the United States fish and wildlife service; or euthanasia.
(2.7) Euthanasia means to produce a humane death by techniques
accepted by the American veterinary medical association.
(2.8) Law enforcement animal means a certified working dog or a police
working horse.
(2.9) Livestock means bovine, camelids, caprine, equine, ovine, porcine, and
poultry.
(3) Mistreatment means every act or omission that causes or unreasonably
permits the continuation of unnecessary or unjustifiable pain or suffering.
(4) Neglect means failure to provide food, water, protection from the
elements, or other care generally considered to be normal, usual, and accepted for
an animal's health and well-being consistent with the species, breed, and type of
animal.
(4.5) Serious physical harm, as used in section 18-9-202, means any of the
following:
(a) Any physical harm that carries a substantial risk of death;
(b) Any physical harm that causes permanent maiming or that involves some
temporary, substantial maiming; or
(c) Any physical harm that causes acute pain of a duration that results in
substantial suffering.
(4.7) Service animal means any animal, the services of which are used to
aid the performance of official duties by a fire department, fire protection district,
or governmental search and rescue agency. Unless otherwise specified, service
animal does not include a certified police working dog or a police working
horse as defined in subsections (2.3) and (2.4) of this section.
(5) Sexual act with an animal means an act between a person and an
animal involving direct physical contact between the genitals of one and the mouth,
anus, or genitals of the other. A sexual act with an animal may be proven without
allegation or proof of penetration. Nothing in this subsection (5) shall be construed
to prohibit accepted animal husbandry practices.
Source: L. 71: R&RE, p. 471, � 1. C.R.S. 1963: � 40-9-201. L. 90: (1), (3), and (4)
amended, p. 1611, � 3, effective July 1. L. 99: Entire section amended, p. 357, � 3,
effective August 4. L. 2006: (2.5) amended, p. 893, � 1, effective August 7. L. 2007: IP amended and (2.9) and (5) added, p. 725, � 4, effective July 1. L. 2011: IP and (2)
amended, (HB 11-1151), ch. 81, p. 219, � 1, effective August 10. L. 2012: (2.5) amended,
(HB 12-1125), ch. 102, p. 345, � 2, effective September 1. L. 2016: IP and (2) amended
and (2.3), (4.5), and (4.7) added, (HB 16-1348), ch. 236, p. 952, � 1, effective June 6. L.
2018: (2) and (4.7) amended and (2.4) added, (HB 18-1041), ch. 19, p. 266, � 1,
effective March 7. L. 2019: (2), (2.4), and (4.7) amended, (HB 19-1180), ch. 75, p. 276,
� 1, effective April 4. L. 2024: (2.8) added, (HB 24-1074), ch. 69, p. 226, � 1, effective
April 17.