HB 138: "An Act relating to cruelty to animals."
00 HOUSE BILL NO. 138 01 "An Act relating to cruelty to animals." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 11.61.140(a) is amended to read: 04 (a) A person commits cruelty to animals in the first degree if the person 05 (1) knowingly inflicts severe and prolonged physical pain or suffering 06 on an animal; 07 (2) [WITH CRIMINAL NEGLIGENCE, FAILS TO CARE FOR AN 08 ANIMAL AND, AS A RESULT, CAUSES THE DEATH OF THE ANIMAL OR 09 CAUSES SEVERE PHYSICAL PAIN OR PROLONGED SUFFERING TO THE 10 ANIMAL; 11 (3)] kills or injures an animal by the use of a decompression chamber; 12 or 13 (3) [(4)] intentionally kills or injures a pet or livestock by the use of 14 poison [; OR 15 (5) KNOWINGLY KILLS OR INJURES AN ANIMAL, OTHER
01 THAN AS PROVIDED IN (1) OR (3) OF THIS SUBSECTION, WITH THE 02 INTENT TO INTIMIDATE, THREATEN, OR TERRORIZE ANOTHER PERSON]. 03 * Sec. 2. AS 11.61.140(g) is amended to read: 04 (g) Cruelty to animals in the first degree is a class C felony [IF THE 05 PERSON HAS BEEN PREVIOUSLY CONVICTED ON TWO OR MORE 06 SEPARATE OCCASIONS WITHIN 10 YEARS OF THE DATE OF THE PRESENT 07 OFFENSE OF A CRIME UNDER THIS SECTION, AS 11.61.145(a)(1) OR (2), OR 08 A LAW OR ORDINANCE OF ANOTHER JURISDICTION HAVING ELEMENTS 09 SIMILAR TO THOSE OFFENSES]. The court may also 10 (1) require forfeiture of any animal affected to the state or to a 11 custodian that supplies shelter, care, or medical treatment for the animal; 12 (2) require the defendant to reimburse the state or a custodian for all 13 reasonable costs incurred in providing necessary shelter, care, veterinary attention, or 14 medical treatment for any animal affected; 15 (3) prohibit or limit the defendant's ownership, possession, or custody 16 of animals for up to 10 years. 17 * Sec. 3. AS 11.61 is amended by adding a new section to read: 18 Sec. 11.61.142. Cruelty to animals in the second degree. (a) A person 19 commits cruelty to animals in the second degree if the person 20 (1) with criminal negligence, fails to care for an animal and, as a result, 21 causes the death of the animal or causes severe physical pain or prolonged suffering to 22 the animal; or 23 (2) knowingly kills or injures an animal, other than as provided in 24 AS 11.61.140(a)(1) or (2), with the intent to intimidate, threaten, or terrorize another 25 person. 26 (b) Each animal that is subject to cruelty to animals under (a) of this section 27 constitutes a separate offense. 28 (c) It is a defense to a prosecution under this section that the conduct of the 29 defendant 30 (1) was part of scientific research governed by accepted standards; 31 (2) constituted the humane destruction of an animal;
01 (3) conformed to accepted veterinary or animal husbandry practices; 02 (4) was necessarily incidental to lawful fishing, hunting, or trapping 03 activities; 04 (5) conformed to professionally accepted training and discipline 05 standards. 06 (d) In (a)(1) of this section, failure to provide the minimum standards of care 07 for an animal under AS 03.55.100 is prima facie evidence of failure to care for an 08 animal. 09 (e) This section does not apply to generally accepted dog mushing or pulling 10 contests or practices or rodeos or stock contests. 11 (f) Cruelty to animals in the second degree is a class A misdemeanor. The 12 court may also 13 (1) require forfeiture of any animal affected to the state or to a 14 custodian that supplies shelter, care, or medical treatment for the animal; 15 (2) require the defendant to reimburse the state or a custodian for all 16 reasonable costs incurred in providing necessary shelter, care, veterinary attention, or 17 medical treatment for any animal affected; 18 (3) prohibit or limit the defendant's ownership, possession, or custody 19 of animals for up to 10 years. 20 * Sec. 4. AS 11.61.140(d) and 11.61.140(f) are repealed.