READ FIRST TIME 02/22/05.   

     AN ACT Relating to animal cruelty; amending RCW 16.52.205, 16.52.207, and 16.52.117; 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.
     (2) A person is guilty of animal cruelty in the first degree when, except as authorized by law, he or she, with criminal negligence, starves, dehydrates, or suffocates an animal and as a result causes: (a) Substantial and unjustifiable physical pain that extends for a period sufficient to cause considerable suffering; or (b) death.
     (3) 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.
     (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.

Sec. 3   RCW 16.52.117 and 1994 c 261 s 11 are each amended to read as follows:
     (1) ((Any)) A person ((who does any of the following is guilty of a gross misdemeanor punishable by imprisonment not to exceed one year, or by a fine not to exceed five thousand dollars, or by both fine and imprisonment)) commits the crime of animal fighting if the person knowingly does any of the following:
     (a) Owns, possesses, keeps, ((or)) breeds, trains, buys, sells, or advertises or offers for sale any animal with the intent that the animal shall be engaged in an exhibition of fighting with another animal;
     (b) ((For amusement or gain causes any animal to fight with another animal, or causes any animals to injure each other; or
     (c) Permits any act in violation of (a) or (b) of this subsection to be done on any premises under his or her charge or control, or promotes or aids or abets any such act.)) Promotes, organizes, conducts, participates in, advertises, or performs any service in the furtherance of an exhibition of animal fighting, transports spectators to an animal fight, or provides or serves as a stakeholder for any money wagered on an animal fight;
     (c) Keeps or uses any place for the purpose of animal fighting, or manages or accepts payment of admission to any place kept or used for the purpose of animal fighting;
     (d) Suffers or permits any place over which the person has possession or control to be occupied, kept, or used for the purpose of an exhibition of animal fighting; or
     (e) Takes, leads away, possesses, confines, sells, transfers, or receives a stray animal or a pet animal, with the intent to deprive the owner of the pet animal, and with the intent of using the stray animal or pet animal for animal fighting, or for training or baiting for the purpose of animal fighting.
     (2) ((Any person who is knowingly present, as a spectator, at any place or building where preparations are being made for an exhibition of the fighting of animals, with the intent to be present at such preparations, or is knowingly present at such exhibition or at any other fighting or injuring as described in subsection (1)(b) of this section, with the intent to be present at such exhibition, fighting, or injuring, is guilty of a misdemeanor.)) A person who violates this section is guilty of a class C felony punishable under RCW 9A.20.021.
     (3) Nothing in this section ((may)) prohibits the following:
     (a) The use of dogs in the management of livestock, as defined by chapter 16.57 RCW, by the owner of the livestock or the owner's employees or agents or other persons in lawful custody of the livestock;
     (b) The use of dogs in hunting as permitted by law; or
     (c) The training of animals or the use of equipment in the training of animals for any purpose not prohibited by law.
     (4) For the purposes of this section, "animal" means dogs or male chickens.