Mississippi SB 2581: Domesticated dog and cat cruelty; revise.

Bill Text

SB2581 (As Introduced) - 2019 Regular Session 

MISSISSIPPI LEGISLATURE

2019 Regular Session

To: Agriculture; Judiciary, Division A

By: Senator(s) Doty

Senate Bill 2581

AN ACT TO AMEND SECTION 97-41-16, MISSISSIPPI CODE OF 1972, 
TO DEFINE CERTAIN TERMS RELATING TO CRUELTY TO DOMESTICATED DOGS AND CATS; TO 
PROVIDE THAT EACH ACT OF SIMPLE CRUELTY TO A DOG OR CAT IS A SEPARATE OFFENSE; 
TO INCREASE THE PENALTY FOR A FIRST OFFENSE OF AGGRAVATED CRUELTY TO A DOG OR 
CAT TO A FELONY WITH A FINE OF NOT MORE THAN $5,000.00 OR IMPRISONMENT FOR NOT 
LESS THAN ONE YEAR NOR MORE THAN FIVE YEARS; TO PROVIDE THAT ALL OFFENSES OF 
SIMPLE CRUELTY TO A DOG OR CAT COMMITTED AGAINST MORE THAN ONE DOG OR CAT IS A 
SEPARATE OFFENSE; TO PROVIDE THAT ALL OFFENSES OF AGGRAVATED CRUELTY TO A DOG 
OR CAT THAT ARE COMMITTED AGAINST ONE OR MORE DOGS OR CATS AS PART OF THE SAME 
CRIMINAL EPISODE ARE A SINGLE OFFENSE; TO AUTHORIZE THE HUMANE KILLING OF A DOG 
OR CAT IF A REASONABLE PERSON WOULD UNDER SIMILAR CIRCUMSTANCES; AND FOR 
RELATED PURPOSES.

���� BE IT ENACTED BY THE 
LEGISLATURE OF THE STATE OF MISSISSIPPI:

���� SECTION 1.� Section 
97-41-16, Mississippi Code of 1972, is amended as follows:

���� 97-41-16.� (1)� (a) �The 
provisions of this section shall be known and may be cited as the 
"Mississippi Dog and Cat Pet Protection Law of 2011." 

��������� (b)� The intent of the 
Legislature in enacting this law is to provide only for the protection of 
domesticated dogs and cats, as these are the animals most often serving as the 
loyal and beloved pets of the citizens of this state.� Animals other than 
domesticated dogs and cats are specifically excluded from the enhanced 
protection described in this section for dogs and cats.� The provisions of this 
section do not apply, and shall not be construed as applying, to any animal 
other than a domesticated dog or cat.

���� (2)� As used in this 
section, the following words and terms have the following meanings, unless a 
different meaning clearly appears from the context:

��������� (a) 
"Torture" means the knowing commission of physical injury to a 
domesticated dog or cat by the infliction of inhumane treatment or gross 
physical abuse, causing the dog or cat intensive or prolonged pain, serious 
physical injury, or causing death, and it includes the mutilating, maiming, 
burning, poisoning, drowning, or starving of a dog or cat.

��������� (b)� 
"Competitive event" means a lawful activity that is recognized as 
having an established schedule of events involving competition of animals or 
exhibitions of domesticated dogs and cats.

��������� (c)� "Humanely 
killing" means causing the death of a dog or cat in a manner intended to 
limit the pain or suffering of the dog or cat as much as reasonably possible 
under the circumstances.

��������� (c)� "Cruel 
mistreatment" means any act that causes or permits the continuation of 
unjustifiable pain or suffering.

��������� (d)� "Criminal 
episode" means an act or acts that constitute the offense of aggravated 
cruelty to a domesticated dog or cat committed by a person against one or more 
dogs or cats within a period of twenty-four (24) hours.

���� ( * * *23)� (a)� If a person shall 
intentionally or with criminal negligence wound, deprive of adequate shelter, 
food or water, or carry or confine in a cruel manner, or subjects to cruel 
mistreatment, any domesticated dog or cat, or cause any person to do the 
same, then he or she shall be guilty of the offense of simple cruelty to a dog 
or cat.� A person who is convicted of the offense of simple cruelty to a dog or 
cat shall be guilty of a misdemeanor and fined not more than One Thousand 
Dollars ($1,000.00), or imprisoned not more than six (6) months, or both.� 
Each act of simple cruelty to a dog or cat constitutes a separate offense.

��������� (b)� 
If a person with malice shall intentionally torture * * *, mutilate, maim, burn, starve or disfigure any 
domesticated dog or cat, or cause any person to do the same, then he or she 
shall be guilty of the offense of aggravated cruelty to a dog or cat.

������������� (i)� A person who 
is convicted of a first offense of aggravated cruelty to a domesticated 
dog or cat shall be guilty of a * * * misdemeanor felony and fined not more 
than * * * Two Thousand 
Five Hundred Dollars ($2,500.00) Five Thousand Dollars 
($5,000.00), or * * * 
imprisoned, committed to the custody of the Department of 
Corrections for not more than * * * six (6) months five (5) years, or both.

������������� (ii)� A person who 
is convicted of a second or subsequent offense of aggravated cruelty to a domesticated 
dog or cat, the offenses being committed within a period of five (5) years, 
shall be guilty of a felony and fined not more than Five Thousand Dollars 
($5,000.00) and * * * 
imprisoned committed to the custody of the Department of 
Corrections for not less than one (1) year nor more than five (5) years.

��������� (c)� A 
conviction entere