21-4310. Cruelty to animals.
21-4310
21-4310. Cruelty to animals.(a) Cruelty to animals is:
(1) Intentionally and maliciously killing, injuring, maiming,torturing, burning ormutilating any animal;
(2) intentionally abandoning or leaving any animal in any placewithout making provisions for its proper care;
(3) having physical custody of any animal and intentionally failing toprovidesuch food, potable water, protection from the elements, opportunity forexercise and other care as is needed for the health or well-being ofsuch kind of animal;
(4) intentionally using a wire, pole, stick, rope or any other object tocause an equine to lose its balance or fall, for the purpose of sport orentertainment; or
(5) intentionally causing any physical injury other than the acts describedin subsection(a)(1).
(b) The provisions of this section shall not apply to:
(1) Normal or accepted veterinary practices;
(2) bona fide experiments carried on by commonly recognizedresearchfacilities;
(3) killing, attempting to kill, trapping, catching or taking ofanyanimal in accordance with the provisions of chapter 32 or chapter 47 ofthe Kansas Statutes Annotated;
(4) rodeo practices accepted by the rodeo cowboys' association;
(5) the humane killing of an animal which is diseased ordisabledbeyond recovery for any useful purpose, or the humane killing of animalsfor population control, by the owner thereof or the agent of such ownerresiding outside of a city or the owner thereof within a city if noanimal shelter, pound or licensed veterinarian is within the city, or bya licensed veterinarian at the request of the owner thereof, or by anyofficer or agent of an incorporated humane society, the operator of ananimal shelter or pound, a local or state health officer or alicensed veterinarianthree business days following the receipt of any such animal at suchsociety, shelter or pound;
(6) with respect to farm animals, normal or accepted practicesofanimal husbandry, including the normal and accepted practices for theslaughter of such animals for food or by-productsand the careful or thrifty management of one's herd or animals, includinganimal care practices common in the industry or region;
(7) the killing of any animal by any person at any time whichmay befound outside of the owned or rented property of the owner or custodianof such animal and which is found injuring or posing a threat to anyperson, farm animal or property;
(8) an animal control officer trained by a licensed veterinarianinthe use of a tranquilizer gun, using such gun with the appropriatedosage for the size of the animal, when such animal is vicious or couldnot be captured after reasonable attempts using other methods;
(9) laying an equine down for medical or identification purposes;
(10) normal or accepted practices of pest control, as defined in subsection(x) of K.S.A. 2-2438a, and amendments thereto; or
(11) accepted practices of animal husbandry pursuant to regulationspromulgated by the United States department of agriculture for domestic petanimals under the animal welfare act, public law 89-544, as amended and ineffect on July 1, 2006.
(c) As used in this section:
(1) "Equine" means a horse, pony, mule, jenny,donkey or hinny.
(2) "Maliciously" means a state of mind characterized by actualevil-mindedness or specific intent to do a harmful act without a reasonablejustification or excuse.
(d) (1) Cruelty to animals as described in subsection (a)(1) is anonperson felony. Upon conviction of this subsection, a person shall besentenced to not less than 30 days or more than one year's imprisonment andbe fined not less than $500 nor more than $5,000.During the mandatory 30 days imprisonment, such offender shallhave a psychological evaluationprepared for the courtto assist the court in determining conditions of probation. Such conditionsshall include, but not be limited to, the completion of an anger managementprogram.
(2) The first conviction of cruelty to animals asdescribed insubsection (a)(2), (a)(3), (a)(4) and (a)(5) is a class A nonpersonmisdemeanor.The second or subsequent conviction of cruelty to animals as described insubsection (a)(2), (a)(3), (a)(4) and (a)(5) is a non-person felony. Upon suchconviction, a person shall be sentenced to not less than five days or more thanone year's imprisonment and be fined not less than $500 nor more than$2,500.
(e) For purposes of this section, "animal" shall have the meaning ascribed toit in K.S.A. 21-4313, and amendments thereto.
History: L. 1969, ch. 180, § 21-4310;L. 1974, ch. 148, § 1;L. 1975, ch. 198, § 1;L. 1977, ch. 116, § 2;L. 1980, ch. 182, § 4;L. 1980, ch. 157, § 1;L. 1992, ch. 239, § 220;L. 1993, ch. 291, § 168;L. 1995, ch. 244, § 3;L. 1996, ch. 119, § 1;L. 2006, ch. 126, § 1;L. 2008, ch. 175, § 2; July 1.