BILL REQ. #: S-3967.1
| State of Washington | 58th Legislature | 2004 Regular Session |
Read first time 01/23/2004. Referred to Committee on Judiciary.
AN ACT Relating to animal cruelty; amending RCW 16.52.205 and 16.52.207; adding a new section to chapter 77.12 RCW; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 16.52.205 and 1994 c 261 s 8 are each amended to read
as follows:
(1) A person is guilty of animal cruelty in the first degree when,
except as authorized in law, he or she intentionally (a) inflicts
substantial pain on, (b) causes physical injury to, or (c) kills an
animal by a means causing undue suffering, or forces a minor to inflict
unnecessary pain, injury, or death on an animal. Use of a hook in a
manner that the hook actually pierces the flesh of a bird or mammal
constitutes animal cruelty in the first degree.
(2) Animal cruelty in the first degree is a class C felony.
Sec. 2 RCW 16.52.207 and 1994 c 261 s 9 are each amended to read
as follows:
(1) A person is guilty of animal cruelty in the second degree if,
under circumstances not amounting to first degree animal cruelty, the
person knowingly, recklessly, or with criminal negligence inflicts
unnecessary suffering or pain upon an animal. A person is guilty of
animal cruelty in the second degree if the person uses a hook in a
manner that the hook could reasonably be foreseen to pierce the flesh
of a bird or mammal.
(2) An owner of an animal is guilty of animal cruelty in the second
degree if, under circumstances not amounting to first degree animal
cruelty, the owner knowingly, recklessly, or with criminal negligence:
(a) Fails to provide the animal with necessary food, water,
shelter, rest, sanitation, ventilation, space, or medical attention and
the animal suffers unnecessary or unjustifiable physical pain as a
result of the failure; or
(b) Abandons the animal.
(3) Animal cruelty in the second degree is a misdemeanor.
(4) In any prosecution of animal cruelty in the second degree, it
shall be an affirmative defense, if established by the defendant by a
preponderance of the evidence, that the defendant's failure was due to
economic distress beyond the defendant's control.
NEW SECTION. Sec. 3 A new section is added to chapter 77.12 RCW
to read as follows:
Fish and wildlife officers must enforce the provisions of RCW
16.52.205 and 16.52.207.