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HB 179: "An Act relating to cruelty to animals and making failure to care for five or more animals in a single continuous episode a class C felony."

00 HOUSE BILL NO. 179 01 "An Act relating to cruelty to animals and making failure to care for five or more 02 animals in a single continuous episode a class C felony." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.61.140(a) is amended to read: 05 (a) A person commits cruelty to animals if the person 06 (1) knowingly inflicts severe and prolonged physical pain or suffering 07 on an animal; 08 (2) with criminal negligence, fails to care for an animal and, as a result, 09 causes the death of the animal or causes severe physical pain or prolonged suffering to 10 the animal; 11 (3) kills or injures an animal by the use of a decompression chamber; 12 (4) intentionally kills or injures a pet or livestock by the use of poison; 13 (5) knowingly kills or injures an animal, other than as provided in (1) 14 or (3) of this subsection, with the intent to intimidate, threaten, or terrorize another

01 person; 02 (6) knowingly 03 (A) engages in sexual conduct with an animal; or 04 (B) under circumstances not proscribed under AS 11.41.455, 05 (i) photographs or films, for purposes of sexual 06 gratification, a person engaged in sexual conduct with an animal; or 07 (ii) causes, induces, aids, or encourages another person 08 to engage in sexual conduct with an animal; [OR] 09 (7) intentionally permits sexual conduct with an animal to be 10 conducted on any premises under the person's control; or 11 (8) with criminal negligence, contemporaneously fails to care for 12 five or more animals and, as a result, causes the death of five or more animals or 13 causes severe physical pain or prolonged suffering to five or more animals. 14 * Sec. 2. AS 11.61.140(h) is amended to read: 15 (h) Cruelty to animals under (a)(1), (3), [OR] (4), or (8) of this section is a 16 class C felony. Cruelty to animals is also a class C felony if the person is convicted 17 under (a)(2), (5), (6), or (7) of this section and the person has been previously 18 convicted on one or more separate occasions within 10 years of the date of the present 19 offense of a crime under this section, AS 11.61.145(a)(1) or (2), or a law or ordinance 20 of another jurisdiction having elements similar to those offenses. For a conviction 21 under this subsection, the court may also 22 (1) require forfeiture of any animal affected to the state or to a 23 custodian that supplies shelter, care, or medical treatment for the animal; 24 (2) require the defendant to reimburse the state or a custodian for all 25 reasonable costs incurred in providing necessary shelter, care, veterinary attention, or 26 medical treatment for any animal affected; 27 (3) prohibit or limit the defendant's ownership, possession, or custody 28 of animals for up to 10 years.