Utah § 76-13-204 Torturing a companion animal.

Utah Statutes

§ 76-13-204 — Torturing a companion animal.

Utah·Title 76 Utah Criminal Code·Ch. 76-13 Offenses Involving Cruelty to Animals·Part 76-13-2 Cruelty to Animal Offenses

(1)(1)(a) As used in this section:

(1)(a)(i) "Animal" means the same as that term is defined in Section 76-13-202.

(1)(a)(ii) "Companion animal" means an animal that is a domestic dog or a domestic cat.

(1)(a)(iii) "Custody" means the same as that term is defined in Section 76-13-202.

(1)(a)(iv) "Torture" means the same as that term is defined in Section 76-13-202.

(1)(b) Terms defined in Sections 76-1-101.5, 76-13-101, and 76-13-201 apply to this section.

(2)An actor commits torturing a companion animal if the actor intentionally or knowingly tortures a companion animal.

(3)A violation of Subsection (2) is a third degree felony.

(4)It is a defense to prosecution under this section that the conduct of the actor towards the animal was:

(4)(a) performed by a licensed veterinarian using a

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(1) (1)(a) As used in this section:
(1)(a)(i) "Animal" means the same as that term is defined in Section 76-13-202.
(1)(a)(ii) "Companion animal" means an animal that is a domestic dog or a domestic cat.
(1)(a)(iii) "Custody" means the same as that term is defined in Section 76-13-202.
(1)(a)(iv) "Torture" means the same as that term is defined in Section 76-13-202.
(1)(b) Terms defined in Sections 76-1-101.5, 76-13-101, and 76-13-201 apply to this section.
(2) An actor commits torturing a companion animal if the actor intentionally or knowingly tortures a companion animal.
(3) A violation of Subsection (2) is a third degree felony.
(4) It is a defense to prosecution under this section that the conduct of the actor towards the animal was:
(4)(a) performed by a licensed veterinarian using accepted veterinary practice;
(4)(b) directly related to bona fide experimentation for scientific research, provided that if the animal is to be destroyed, the manner employed will not be unnecessarily cruel unless directly necessary to the veterinary purpose or scientific research involved; or
(4)(c) permitted under Section 18-1-3.
(5) Upon conviction under this section, the court may in its discretion, in addition to other penalties:
(5)(a) order the actor to be evaluated to determine the need for psychiatric or psychological counseling, to receive counseling as the court determines to be appropriate, and to pay the costs of the evaluation and counseling;
(5)(b) require the actor to forfeit any rights the actor has to the animal subjected to a violation of this section and to repay the reasonable costs incurred by any person in caring for each animal subjected to violation of this section;
(5)(c) order the actor to no longer possess or retain custody of any animal, as specified by the court, during the period of the actor's probation or parole or other period as designated by the court; and
(5)(d) order the animal to be placed for the purpose of adoption or care in the custody of a county or municipal animal control agency or an animal welfare agency registered with the state to be sold at public auction or humanely destroyed.
(6) A veterinarian who, acting in good faith, reports a violation of this section to law enforcement may not be held civilly liable for making the report.