Cruelty to Animals Charges under Georgia Law
Animals and pets are held close to our hearts in America. The idea of them being abused is upsetting. As a result, the Georgia legislature set out certain laws protecting animals.
Definition of “Animal”
The definition of “animal” shall not include any fish nor shall such term include any pest that might be exterminated or removed from a business, residence, or other structure.
Felony Offense
Under O.C.G.A. § 16-12-4(d)(1) a person commits the offense of aggravated cruelty to animals when he or she:
(1) Maliciously causes the death of an animal;
(2) Maliciously causes physical harm to an animal by depriving it of a member of its body, by rendering a part of such animal’s body useless, or by seriously disfiguring such animal’s body or a member thereof;
(3) Maliciously tortures an animal by the infliction of or subjection to severe or prolonged physical pain;
(4) Maliciously administers poison to an animal, or exposes an animal to any poisonous substance, with the intent that the substance be taken or swallowed by the animal; or
(5) Having intentionally exercised custody, control, possession, or ownership of an animal, maliciously fails to provide to such animal adequate food, water, sanitary conditions, or ventilation that is consistent with what a reasonable person of ordinary knowledge would believe is the normal requirement and feeding habit for such animal’s size, species, breed, age, and physical condition to the extent that the death of such animal results or a member of its body is rendered useless or is seriously disfigured.
Any person convicted of the offense of aggravated cruelty to animals shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years, a fine not to exceed $15,000.00, or both.
Misdemeanor Offense
The lesser crime of cruelty to animals is provided under subsection (b), when a person:
(1) Causes physical pain, suffering, or death to an animal by any unjustifiable act or omission; or
(2) Having intentionally exercised custody, control, possession, or ownership of an animal, fails to provide to such animal adequate food, water, sanitary conditions, or ventilation that is consistent with what a reasonable person of ordinary knowledge would believe is the normal requirement and feeding habit for such animal’s size, species, breed, age, and physical condition.
Any person convicted of the offense of cruelty to animals shall be guilty of a misdemeanor (unless they have been previously convicted).
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