AN ACT

 

1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, further providing for the offense of
3cruelty to animals.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 5511(a)(2.1)(i), (c) and (q) of Title 18
7of the Pennsylvania Consolidated Statutes are amended to read:

8§ 5511. Cruelty to animals.

9(a) Killing, maiming or poisoning domestic animals or zoo
10animals, etc.--

11* * *

12(2.1) (i) A person commits a misdemeanor of the first
13degree if he [willfully]:

14(A) Willfully and maliciously:

15[(A)] (I) Kills, maims, mutilates, tortures or
16disfigures any dog or cat, whether belonging to

1himself or otherwise. If a person kills, maims,
2mutilates, tortures or disfigures a dog guide for
3an individual who is blind, a hearing dog for an
4individual who is deaf or audibly impaired or a
5service dog for an individual who is physically
6limited, whether belonging to the individual or
7otherwise, that person, in addition to any other
8applicable penalty, shall be required to make
9reparations for veterinary costs in treating the
10dog and, if necessary, the cost of obtaining and
11training a replacement dog.

12[(B)] (II) Administers poison to or exposes any
13poisonous substance with the intent to administer
14such poison to any dog or cat, whether belonging
15to himself or otherwise.

16(B) Commits a violation of subsection (c)(1)
17that results in the death of the cat or dog.

18* * *

19(c) Cruelty to animals.--

20(1) A person commits an offense if he wantonly or
21cruelly illtreats, overloads, beats, otherwise abuses any
22animal, or neglects any animal as to which he has a duty of
23care, whether belonging to himself or otherwise, or abandons
24any animal, or deprives any animal of necessary sustenance,
25drink, shelter or veterinary care, or access to clean and
26sanitary shelter which will protect the animal against
27inclement weather and preserve the animal's body heat and
28keep it dry.

29(2) (i) Except as provided in subparagraph (ii), a
30person convicted of violating paragraph (1) commits a

1summary offense.

2(ii) A person convicted for a second or subsequent
3time of violating paragraph (1) commits a misdemeanor of
4the [third] second degree [if all of the following
5occurred:

6(A) The action or omission for which the person
7was convicted for a subsequent time was performed on
8a dog or cat.

9(B) The dog or cat was seriously injured,
10suffered severe physical distress or was placed at
11imminent risk of serious physical harm as the result
12of the person's action or omission].

13(3) [This subsection shall not apply to activity
14undertaken in normal agricultural operation.] A person 
15commits aggravated cruelty to animals when, with no 
16justifiable purpose, he or she intentionally kills or 
17intentionally causes serious physical injury to a companion 
18animal with aggravated cruelty.

19(4) A person convicted of violating paragraph (3)
20commits a misdemeanor of the first degree.

21(5) Nothing contained in this section shall be construed
22to prohibit activity undertaken in normal agricultural
23operation or interfere in any way with anyone lawfully
24engaged in hunting, trapping or fishing, the dispatch of
25rabid or diseased animals or the dispatch of animals posing a
26threat to human safety or other animals, where such action is
27otherwise legally authorized.

28* * *

29(q) Definitions.--As used in this section, the following
30words and phrases shall have the meanings given to them in this

1subsection:

2"Aggravated cruelty." Conduct which:

3(1) is intended to cause extreme physical pain; or

4(2) is done or carried out in an especially depraved or
5sadistic manner.

6"Animal fighting." Fighting or baiting any bull, bear, dog,
7cock or other creature.

8"Audibly impaired." The inability to hear air conduction
9thresholds at an average of 40 decibels or greater in the better
10ear.

11"Blind." Having a visual acuity of 20/200 or less in the
12better eye with correction or having a limitation of the field
13of vision such that the widest diameter of the visual field
14subtends an angular distance not greater than 20 degrees.

15"Conveyance." A truck, tractor, trailer or semitrailer, or
16any combination of these, propelled or drawn by mechanical
17power.

18"Deaf." Totally impaired hearing or hearing with or without
19amplification which is so seriously impaired that the primary
20means of receiving spoken language is through other sensory
21input, including, but not limited to, lip reading, sign
22language, finger spelling or reading.

23"Domestic animal." Any dog, cat, equine animal, bovine
24animal, sheep, goat or porcine animal.

25"Domestic fowl." Any avis raised for food, hobby or sport.

26"Equine animal." Any member of the Equidae family, which
27includes horses, asses, mules, ponies and zebras.

28"Normal agricultural operation." Normal activities,
29practices and procedures that farmers adopt, use or engage in
30year after year in the production and preparation for market of

1poultry, livestock and their products in the production and
2harvesting of agricultural, agronomic, horticultural,
3silvicultural and aquicultural crops and commodities.

4"Physically limited." Having limited ambulation, including,
5but not limited to, a temporary or permanent impairment or
6condition that causes an individual to use a wheelchair or walk
7with difficulty or insecurity, affects sight or hearing to the
8extent that an individual is insecure or exposed to danger,
9causes faulty coordination or reduces mobility, flexibility,
10coordination or perceptiveness.

11"Zoo animal." Any member of the class of mammalia, aves,
12amphibia or reptilia which is kept in a confined area by a
13public body or private individual for purposes of observation by
14the general public.

15Section 2. This act shall take effect in 60 days.