Maine § 17 §1031 Cruelty to animals

Maine Statutes

§ 17 §1031 — Cruelty to animals

Maine·Title 17 CRIMES·Ch. 42 ANIMAL WELFARE

1.Cruelty to animals. Except as provided in subsections 1‑D and 1‑E, a person, including an owner or the owner's agent, is guilty of cruelty to animals if that person intentionally, knowingly or recklessly: 1-A. Animal cruelty. 1-B. Aggravated cruelty to animals. A person is guilty of aggravated cruelty to animals if that person, in a manner manifesting a depraved indifference to animal life or suffering, intentionally, knowingly or recklessly: 1-C. Cat or dog; exceptions. Except as provided in subsections 1‑D and 1‑E, a person is guilty of cruelty to animals if that person intentionally, knowingly or recklessly: 1-D. Licensed veterinarian. A licensed veterinarian or a person certified under section 1042 may kill a cat or dog according to the methods of euthanasia under subchapter 4. 1-E.

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1.
Cruelty to animals.
Except as provided in subsections 1‑D and 1‑E, a person, including an owner or the owner's agent, is guilty of cruelty to animals if that person intentionally, knowingly or recklessly:
1-A.
Animal cruelty.
1-B.
Aggravated cruelty to animals.
A person is guilty of aggravated cruelty to animals if that person, in a manner manifesting a depraved indifference to animal life or suffering, intentionally, knowingly or recklessly:
1-C.
Cat or dog; exceptions.
Except as provided in subsections 1‑D and 1‑E, a person is guilty of cruelty to animals if that person intentionally, knowingly or recklessly:
1-D.
Licensed veterinarian.
A licensed veterinarian or a person certified under section 1042 may kill a cat or dog according to the methods of euthanasia under subchapter 4.
1-E.
Owner or owner's agent.
A person who owns a cat or dog, or the owner's agent, may kill that owner's cat or dog by shooting it with a firearm if the following conditions are met:
2.
Affirmative defense.
It is an affirmative defense to prosecution under this section that:
3.
Penalty for cruelty to animals.
3-A.
Penalty for aggravated cruelty to animals.
3-B.
Penalties.
The following apply to violations of this section.
3-C.
Separate advocate.
In any proceeding brought under this section, the court may order, upon its own initiative or upon request of a party or counsel for a party, that a separate advocate be appointed to represent the interests of justice. A decision of the court denying a request to appoint a separate advocate to represent the interests of justice is not subject to appeal. An advocate appointed under this subsection must be appointed from a list provided to the court by the Maine State Bar Association pursuant to paragraph B.
4.
Criminal or civil prosecution.
A person may be arrested or detained for the crime of cruelty to animals in accordance with the rules of criminal procedure. A person may not be arrested or detained for the civil violation of cruelty to animals. The attorney for the State shall elect to charge a defendant with the crime of cruelty to animals under this section or the civil violation of cruelty to animals under Title 7, section 4011. In making this election, the attorney for the State shall consider the severity of the cruelty displayed, the number of animals involved, any prior convictions or adjudications of animal cruelty entered against the defendant and such other factors as may be relevant to a determination of whether criminal or civil sanctions will best accomplish the goals of the animal welfare laws in the particular case before the attorney for the State. The election and determination required by this subsection are not subject to judicial review. The factors involved in such election and determination are not elements of the criminal offense or civil violation of animal cruelty and are not subject to proof or disproof as prerequisites or conditions for conviction under this subsection or adjudication under Title 7, section 4011.
5.
Exception.
This section may not be construed to prohibit the shooting of wild game in its wild state. This section may not be construed to prohibit the disposal of farm animals using an acceptable animal husbandry practice.

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Legislative History

PL 1987, c. 383, §4 (NEW). PL 1989, c. 195 (AMD). PL 1993, c. 81, §2 (AMD). PL 1995, c. 490, §§25,26 (AMD). PL 1997, c. 456, §§13-16 (AMD). PL 1997, c. 690, §§69,70 (AMD). PL 1999, c. 254, §§19-21 (AMD). PL 1999, c. 481, §1 (AMD). PL 1999, c. 765, §11 (AMD). RR 2001, c. 1, §§18-20 (COR). PL 2001, c. 414, §§1-3 (AMD). PL 2001, c. 425, §§5-11 (AMD). PL 2001, c. 617, §11 (AMD). PL 2003, c. 405, §24 (AMD). PL 2003, c. 414, §§B30,31 (AMD). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 452, §§I13-20 (AMD). PL 2003, c. 452, §X2 (AFF). PL 2003, c. 614, §9 (AFF). PL 2005, c. 281, §8 (AMD). PL 2005, c. 397, §F1 (AMD). PL 2005, c. 422, §10 (AMD). PL 2007, c. 439, §37 (AMD). PL 2007, c. 702, §§45-48 (AMD). PL 2009, c. 573, §2 (AMD). PL 2011, c. 657, Pt. W, §5 (REV). PL 2013, c. 115, §16 (AMD). PL 2019, c. 99, §§1-3 (AMD). PL 2019, c. 113, Pt. C, §55 (AMD). PL 2019, c. 237, §10 (AMD). PL 2019, c. 547, §2 (AMD).