§ 39-14-202 — Cruelty to animals

Tennessee § 39-14-202

• Jurisdiction: Tennessee
• Title: 39

Text

(a) A person commits an offense who intentionally or knowingly: (1) Tortures, maims or grossly overworks an animal; (2) (A) Fails unreasonably to provide necessary food, water, or care for an animal in the person's custody; or (B) (i) Fails unreasonably to provide access to necessary shelter for an animal other than a dog in the person's custody; or (ii) (a) Unless exempted under subdivision (a)(2)(B)(ii)(b), fails unreasonably to provide access to shelter in a structure that meets the following requirements for a dog in the person's custody that resides primarily outdoors: (1) The structure is constructed of sound and substantial material, is sufficient to protect the dog from inclement weather, and is of a size appropriate to allow the dog to maintain normal body temperature; (2) The structure must have a roof and be enclosed on all sides with an entrance of adequate size for the dog to enter, and have dimensions that allow the dog, while in the shelter, to stand erect, sit, turn around, and lie down in a normal position; (3) The structure provides a solid surface, resting platform, pad, floormat, or similar device that is large enough for the dog to lie on in a normal manner and that can be maintained in a sanitary manner; (4) From March through October, the structure is properly shaded, and from November through February, when necessary to protect the dog from cold and promote the retention of body heat, the shelter is fitted with a sufficient quantity of bedding material; and (5) The structure or structures must be of a sufficient size or number to provide shelter to each dog present at the same time; (b) The requirements in subdivision (a)(2)(B)(ii)( a ) do not apply when a dog is actively engaged in lawful hunting; police, military, or patrol work; detection work; search-and-rescue; herding or livestock guarding; trials and other lawful competitions; service and assistance work; other working, sporting, and competitive functions; or while actively training for these purposes and functions; (3) Abandons unreasonably an animal in the person's custody; (4) Transports or confines an animal in a cruel manner; or (5) Inflicts burns, cuts, lacerations, or other injuries or pain, by any method, including blistering compounds, to the legs or hooves of horses in order to make them sore for any purpose including, but not limited to, competition in horse shows and similar events. (b) A person commits an offense who knowingly ties, tethers, or restrains a dog in a manner that results in the dog suffering bodily injury as defined in § 39-11-106 . (c) It is a defense to prosecution under this section that the person was engaged in accepted veterinary practices, medical treatment by the owner or with the owner's consent, or bona fide experimentation for scientific research. (d) Whenever any person is taken into custody by any officer for violation of subdivision (a)(4), the officer may take charge of the vehicle or conveyance, and its contents, used by the person to transport the animal. The officer shall deposit these items in a safe place for custody. Any necessary expense incurred for taking charge of and sustaining the same shall be a lien thereon, to be paid before the same can lawfully be recovered; or the expenses, or any part thereof, remaining unpaid may be recovered by the person incurring the same of the owners of the animal in an action therefor. (e) In addition to the penalty imposed in subsection (g), the court making the sentencing determination for a person convicted under this section shall order the person convicted to surrender custody and forfeit the animal or animals whose treatment was the basis of the conviction. Custody shall be given to a humane society incorporated under the laws of this state. The court may prohibit the person convicted from having custody of other animals for any period of time the court determines to be reasonable, or impose any other reasonable restrictions on the person's custody of animals as necessary for the protection of the animals. (f) (1) Nothing in this section shall be construed as prohibiting the owner of a farm animal or someone acting with the consent of the owner of that animal from engaging in usual and customary practices which are accepted by colleges of agriculture or veterinary medicine with respect to that animal. (2) It is an offense for a person other than a law enforcement officer acting with probable cause to knowingly interfere with the performance of any agricultural practices permitted by subdivision (f)(1). (3) An offense under subdivision (f)(2) is a Class B misdemeanor. (g) (1) Cruelty to animals is a Class A misdemeanor. (2) A second or subsequent conviction for cruelty to animals is a Class E felony. (3) Violation of any prohibition or restriction imposed by the sentencing court pursuant to subsection (e) is a Class A misdemeanor.

Legislative History

Amended by 2023 Tenn. Acts, ch. 335, s 1, eff. 7/1/2023. Acts 1989, ch. 591, § 1; 1991, ch. 223, § 1; 1992, ch. 840, § 1; 1997 , ch. 90, § 4; 2004, ch. 940, § 6; 2007 , ch. 535, § 1; 2010 , ch. 816, § 1.