Maine § 17 §1039 Cruel confinement of calves raised for veal and sows during gestation

Maine Statutes

§ 17 §1039 — Cruel confinement of calves raised for veal and sows during gestation

Maine·Title 17 CRIMES·Ch. 42 ANIMAL WELFARE

1.Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

2.Prohibition. A person may not tether or confine a covered animal for all or the majority of a day in a manner that prevents the animal from:

3.Exceptions. Subsection 2 does not apply:

4.Relation to other laws. The provisions of this section are in addition to, and not in lieu of, any other laws protecting animal welfare. This section may not be construed to limit any state law or rules protecting the welfare of animals or to prevent a local governing body from adopting and enforcing its own animal welfare laws and regulations.

5.Penalty. A violation of subsection 2 is a Class D crime.

6.Criminal or civil prosecution. A person may be arrested or detained

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1.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2.
Prohibition.
A person may not tether or confine a covered animal for all or the majority of a day in a manner that prevents the animal from:
3.
Exceptions.

Subsection 2 does not apply:
4.
Relation to other laws.
The provisions of this section are in addition to, and not in lieu of, any other laws protecting animal welfare. This section may not be construed to limit any state law or rules protecting the welfare of animals or to prevent a local governing body from adopting and enforcing its own animal welfare laws and regulations.
5.
Penalty.
A violation of subsection 2 is a Class D crime.
6.
Criminal or civil prosecution.
A person may be arrested or detained for a violation of subsection 2 in accordance with the rules of criminal procedure. A person may not be arrested or detained for the civil violation of cruel confinement under Title 7, section 4020. The attorney for the State may elect to charge a defendant with a criminal violation under this section or a civil violation under Title 7, section 4020. 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 the election and determination are not elements of the criminal offense or civil violation of cruel confinement and are not subject to proof or disproof as prerequisites or conditions for conviction under this section or adjudication under Title 7, section 4020.

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