Maine § 7 §4016 Violation

Maine Statutes

§ 7 §4016 — Violation

Maine·Title 7 AGRICULTURE AND ANIMALS·Part 9 ANIMAL WELFARE·Ch. 739 CRUELTY TO ANIMALS

1.Penalty. A person who violates this chapter commits a civil violation. 1-A. 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.

2.Criminal or civil prosecution. A person may be arrested or detained for the crime of cruelty to animals under Title 17, chapter 42, subchapter III in accordance with the rules of criminal

Free access — add to your briefcase to read the full text and ask questions with AI

1.
Penalty.
A person who violates this chapter commits a civil violation.
1-A.
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.
2.
Criminal or civil prosecution.
A person may be arrested or detained for the crime of cruelty to animals under Title 17, chapter 42, subchapter III 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 may elect to charge a defendant with either the crime of cruelty to animals under Title 17, chapter 42, subchapter III or the civil violation of cruelty to animals under this chapter. 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 animal cruelty and are not subject to proof or disproof as prerequisites or conditions for conviction under Title 17, chapter 42, subchapter III or adjudication under this chapter.
3.
Affirmative defenses.
It is an affirmative defense to alleged violations of this chapter that the animal was kept as part of an agricultural operation and in compliance with best management practices for animal husbandry as determined by the department.

Maine § 7 §4016 (Violation) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

PL 1987, c. 383, §3 (NEW). PL 1993, c. 81, §1 (AMD). PL 1997, c. 170, §1 (AMD). PL 1999, c. 254, §14 (AMD). PL 1999, c. 597, §2 (AMD). PL 2001, c. 425, §4 (RPR). PL 2007, c. 702, §17 (AMD). PL 2019, c. 437, §5 (AMD). PL 2019, c. 547, §1 (AMD).