§ 17 §1032 — Cruelty to birds

1.
Cruelty to birds.
A person is guilty of cruelty to birds if that person intentionally, knowingly or recklessly:
2.
Penalty.
The following apply to violations of this section.
3.
Exception.
Nothing in this section may be construed to prohibit the shooting of wild game in its wild state or the shooting of birds at field trials under the supervision of the Department of Inland Fisheries and Wildlife in accordance with Title 12, chapter 915, subchapter 13.
4.
Criminal or civil prosecution.
A person may not be arrested or detained for cruelty to birds. The attorney for the State shall elect to charge a defendant with the crime of cruelty to birds under this section or the civil violation of cruelty to birds under Title 7, section 4012. In making this election, the attorney for the State shall consider the severity of the cruelty displayed, the number of birds involved, any prior convictions or adjudications of bird 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 is not subject to judicial review. The factors involved in such election and determination are not elements of the criminal offense or civil violation of bird cruelty and are not subject to proof or disproof as prerequisites or conditions for conviction under this subsection or adjudication under Title 7, section 4012.

Legislative History

PL 1987, c. 383, §4 (NEW). PL 1997, c. 690, §71 (AMD). PL 1999, c. 481, §2 (AMD). PL 2003, c. 414, §B32 (AMD). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 452, §§I21,22 (AMD). PL 2003, c. 452, §X2 (AFF). PL 2003, c. 614, §9 (AFF).