South Carolina § 47-1-40 Ill-treatment of animals generally; penalties.

South Carolina Statutes

§ 47-1-40 — Ill-treatment of animals generally; penalties.

South Carolina § 47-1-40

Title 47ANIMALS, LIVESTOCK, AND POULTRY

Ch. 1CRUELTY TO ANIMALS

This text of South Carolina § 47-1-40 (Ill-treatment of animals generally; penalties.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 47-1-40 (2026).

Text

(A)A person who knowingly or intentionally overloads, overdrives, overworks, or ill-treats an animal, deprives an animal of necessary sustenance or shelter, inflicts unnecessary pain or suffering upon an animal, or by omission or commission knowingly or intentionally causes these acts to be done, is guilty of a misdemeanor and, upon conviction, must be punished by imprisonment not exceeding ninety days or by a fine of not less than one hundred dollars nor more than one thousand dollars, or both, for a first offense; or by imprisonment not exceeding two years or by a fine not exceeding two thousand dollars, or both, for a second or subsequent offense.

(B)A person who tortures, torments, needlessly mutilates, cruelly kills, or inflicts excessive or repeated unnecessary pain or suffering up

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(A) A person who knowingly or intentionally overloads, overdrives, overworks, or ill-treats an animal, deprives an animal of necessary sustenance or shelter, inflicts unnecessary pain or suffering upon an animal, or by omission or commission knowingly or intentionally causes these acts to be done, is guilty of a misdemeanor and, upon conviction, must be punished by imprisonment not exceeding ninety days or by a fine of not less than one hundred dollars nor more than one thousand dollars, or both, for a first offense; or by imprisonment not exceeding two years or by a fine not exceeding two thousand dollars, or both, for a second or subsequent offense. (B) A person who tortures, torments, needlessly mutilates, cruelly kills, or inflicts excessive or repeated unnecessary pain or suffering upon an animal or by omission or commission causes these acts to be done, is guilty of a felony and, upon conviction, must be punished by imprisonment of not less than one hundred eighty days and not to exceed five years and by a fine of five thousand dollars. (C) This section does not apply to fowl, accepted animal husbandry practices of farm operations and the training of animals, the practice of veterinary medicine, agricultural practices, forestry and silvacultural practices, wildlife management practices, or activity authorized by Title 50, including an activity authorized by the South Carolina Department of Natural Resources or an exercise designed for training dogs for hunting, if repeated contact with a dog or dogs and another animal does not occur during this training exercise.

Legislative History

HISTORY: 1962 Code SECTION 6-4; 1952 Code SECTION 6-4; 1942 Code SECTION 1594; 1932 Code SECTION 1594; Cr. C. '22 SECTION 559; Cr. C. '12 SECTION 910; Cr. C. '02 SECTION 625; G. S. 1703; R. S. 507; 1881 (17) 573; 1883 (18) 388; 1988 Act No. 401, SECTION 1, eff March 21, 1988; 1992 Act No. 430, SECTION 1, eff June 2, 1992; 1998 Act No. 367, SECTION 2, eff May 27, 1998; 2000 Act No. 294, SECTION 1, eff May 26, 2000; 2008 Act No. 259, SECTION 2, eff upon approval (became law without the Governor's signature on June 5, 2008); 2014 Act No. 251 (H.3361), SECTION 3, eff June 6, 2014. Editor's Note 2024 Act No. 199, SECTION 4, provides as follows: "SECTION 4. Nothing in this act may be applied in contradiction to the exemptions and protections provided to hunting dogs, sporting dogs, or working dogs under Section 47-1-40, Section 16-27-60, and Section 16-27-80."