Revised penalties for animal cruelty offenses
Enacted: August 7, 2013
Effective: August 7, 2013
On August 7, 2013, Governor Christie
signed S-1303 into law as P.L. 2013, c.88.
The
law creates a new standard of “necessary care” defined as “care sufficient to
preserve the health and well-being of an animal, and includes, but is not
limited to: food of sufficient quantity and quality to allow for normal growth
or maintenance of body weight; adequate access to water in sufficient quantity
and quality to satisfy the animal’s needs; access to adequate protection from
the weather; and veterinary care to alleviate suffering and maintain health.”
The law also defines the terms “bodily injury” and “serious bodily injury” as
used in its provisions.
Under
the law, a violation of any offense specified subsection a. of the amended
N.J.S.A. 4:22-17 is graded as a disorderly persons offense, except that such a
violation is a crime of the fourth degree if a defendant has a prior conviction
for a subsection a. offense. The disorderly persons penalties for a conviction
of an offense listed in subsection a.(1) or a.(2) remain unchanged. However,
the law increases the disorderly persons penalties for a conviction of an
offense listed in subsection a.(3), inflicting unnecessary cruelty upon a
living animal or creature, and subsection a.(4), failing to provide a living
animal or creature with necessary care. The enhanced penalties for the latter
offenses are a fine of not less than $500 nor more than $2,000, or imprisonment
for a term of not more than six months, or both, in the discretion of the
court. As in the former law, a person who is convicted of a subsection a.
offense is also subject to a term of community service and restitution,
although the new law expands the restitution provision to include replacement
cost of an animal and recovery of the cost of care for the animal by the owner
or other entities.- 2 -
The new law also revises the criminal penalties for
a conviction of certain animal cruelty offenses now enumerated in subsection c.
of the amended N.J.S.A. 4:22-17. Specifically, it is a crime to knowingly, or
recklessly torment, torture, maim, hang, poison, unnecessarily or cruelly beat,
cruelly abuse, or needlessly mutilate a living animal or creature; to cause
bodily injury to a living animal or creature by failing to provide the living
animal or creature with necessary care; or to cause or procure either of these
acts. Subsection d. of the amended N.J.S.A. 4:22-17 grades a violation of these
offenses as a crime of the fourth degree, except that such violation is a crime
of the third degree if the animal or creature dies or suffers serious bodily
injury as a result of the violation, or the person has a prior conviction for
any offense in subsection c. of the amended N.J.S.A. 4:22-17. A person
convicted of an offense in subsection c. is also subject to a term of community
service and restitution as provided in the law.
The
new law also revises and supplements N.J.S.A. 4:22-26 which establishes civil
penalties for certain animal cruelty offenses. Two new offenses are added to
subsection a. of the amended N.J.S.A. 4:22-26. Specifically, under subsection
a.(4), to fail, as the owner or a person otherwise charged with the care of a
living animal or creature, to provide the living animal or creature with
necessary care, or otherwise cause or procure such an act to be done, and,
under subsection a.(5), to cause bodily injury to a living animal or creature
from the commission of an act described in subsection a.(4). Under the law, a
violation of subsection a.(4), failure to provide necessary care, is subject to
a civil penalty of not less than $500 nor more than $2,000. For a first violation
of subsection a.(5), failure to provide necessary care resulting in bodily
injury to an animal, the law provides for a civil penalty of not less than
$1,000 nor more than $3,000. For a second or subsequent violation of subsection
a.(5), the civil penalty is an amount not less than $3,000 nor more than
$5,000.
Finally,
the law increases the civil penalty for a violation of subsection c. of the
amended N.J.S.A. 4:22-26. Under the new law, a person who is found guilty of
inflicting unnecessary cruelty upon a living animal or creature as provided in
subsection c. is subject to a civil penalty of not less than $500 nor more than
$2,000.
Sponsored
by:
Senator
THOMAS H. KEAN, JR., District 21 (Morris, Somerset and Union)
Senator
RICHARD J. CODEY, District 27 (Essex and Morris)
Assemblywoman
NANCY F. MUNOZ, District 21 (Morris, Somerset and Union)
Assemblyman
JOHN J. BURZICHELL, District 3 (Cumberland, Gloucester and Salem)
Assemblywoman
L. GRACE SPENCER, District 29 (Essex)
Assemblyman
ANGEL FUENTES, District 5 (Camden and Gloucester)
Assemblyman
JOHN F. MCKEON, District 27 (Essex and Morris)
Co-Sponsored
by: Senators Bateman, Pennacchio, A.R.Bucco, Lesniak, Greenstein, Holzapfel,
Stack, Addiego, Gordon, Assemblymen Wolfe, McGuckin, Rudder, C.J.Brown,
Assemblywoman Jimenez, Assemblyman Eustace, Assemblywomen Jasey, Wagner,
Senator Allen, Assemblymen Rumana, Benson and Senator Cunningham
SYNOPSIS
Revises
penalties for animal cruelty, increasing degree of certain offenses; designated
as Patrick’s Law.
CURRENT
VERSION OF TEXT
As
amended by the General Assembly on February 21, 2013.
AN
ACT concerning
animal cruelty and designated as “Patrick’s Law,” 3[and]3 4and4
amending 2R.S.4:22-15,2 R.S.4:22-17 2,2 and
R.S.4:22-26 4[3, and supplementing chapter 22 of Title 4 of the Revised
Statutes3]4.
BE
IT ENACTED by the Senate and General Assembly of the State of New
Jersey:
21.
R.S.4:22-15 is amended to read as follows:
4:22-15.
As used in this article:
"Animal"
or "creature" includes the whole brute creation.
4[3“Domestic
companion animal” means any animal commonly referred to as a pet or one that
has been bought, bred, raised or otherwise acquired, in accordance with local
ordinances and State and federal law, for the primary purpose of providing
companionship to the owner, rather than for business or agricultural purposes.3]
"Bodily
injury" means physical pain, illness or any impairment of physical
condition.4Page 2 of 14
"Necessary care" means
care sufficient to preserve the health and well-being of an animal, and
includes, but is not limited to: food of sufficient quantity and quality to
allow for normal growth or maintenance of body weight; adequate access to water
in sufficient quantity and quality to satisfy the animal’s needs; access to
adequate protection from the weather; and veterinary care to alleviate
suffering and maintain health.
"Owner"
or "person" includes a corporation, and the knowledge and acts of an
agent or employee of a corporation in regard to animals transported, owned,
employed, or in the custody of the corporation shall be imputed to the
corporation.2
4"Serious
bodily injury" means bodily injury which creates a substantial risk of
death or which causes serious, permanent disfigurement, or protracted loss or
impairment of the function of any bodily member or organ.4
(cf:
R.S.4:22-15)
4[32. (New
section) The provisions of R.S.4:22-17 and R.S.4:22-26 shall not apply to an
animal which is domestic livestock subject to the provisions of P.L.1995, c.311
(C.4:22-16.1) or the standards, rules, or regulations developed and adopted
pursuant thereto, except if the animal is a domestic companion animal.3]4
2[1.] 3[2.2]
4[3.3 R.S.4:22-17 is amended to read as follows:
4:22-17.
a. 1[A person who shall] It shall be unlawful to1 :
(1)
Overdrive, overload, drive when overloaded, or overwork [,] [deprive
of necessary sustenance, abuse, or needlessly kill] a living animal or
creature;
(2)
Cause or procure, by any direct or indirect means, including but not limited to
through the use of another living animal or creature, any such acts to be done;
or
(3)
Inflict unnecessary cruelty upon a living animal or creature, by any direct or
indirect means, including but not limited to through the use of another living
animal or creature; or 2[unnecessarily fail to provide a living animal
or creature of which the person has charge either as an owner or otherwise with
proper food, drink, shelter or protection from the weather; or]2 leave
it unattended in a vehicle under inhumane conditions adverse to the health or
welfare of the living animal or creature 1[--] .1
1[Shall] b.
(1) A person who violates subsection a. of this section shall1 be guilty
of a disorderly persons offense [, and notwithstanding] .
Notwithstanding the provisions of N.J.S.2C:43-3 to the contrary, for every [such]
conviction of an offense pursuant to paragraph (1) or (2) of 1[this]1
subsection 1a. of this section1 , the person shall be fined
not less than $250 nor more than $1,000, or be imprisoned for a term of not
more than six months, or both, in the discretion of the court; and for every
conviction of an offense pursuant to paragraph (3) of 1[this]1 subsection
1a. of this section1 , the person shall be fined not less than
$500 nor more than $2,000, or be imprisoned for a term of not more than six
months, or both, in the discretion of the court.
1(2)1 If
an animal 2[is needlessly killed or]2 dies as a result of a
violation of 1[this]1 subsection 1a. of this section1 ,
1[or the person has a prior conviction for a violation of this
subsection,]1 the person 2who violates 3[the] that3
subsection2 shall be guilty of a crime of the fourth degree.
1(3) If the
person 2who violates subsection a. of this section2 has a prior
conviction for 2an offense that would constitute2 a violation of
subsection a. of this section, the person shall be guilty of a crime of the
fourth degree.
(4)1
A 1[violator of this subsection] person who violates 3[2this
subsection or2]3 subsection a. 2[or b.]2 of this section1
shall also be subject to the provisions of subsection 1[c.] d.1
and, if appropriate, subsection 1[d.] e.1 of this section. Page 3 of 14
1[b. A person
who shall] c. It shall be unlawful to1 purposely, knowingly, or
recklessly:
(1)
Torment, torture, maim, hang, poison, unnecessarily or cruelly beat, [or]
needlessly mutilate, deprive of necessary 2[sustenance] care2
, or abuse a living animal or creature; 2[or]2
(2)
Cause or procure, by any direct or indirect means, including but not limited to
through the use of another living animal or creature, any such acts to be done 1[--]
2[.1]; or
(3)
Needlessly kill a living animal or creature.2
1[Shall] A
person who violates this subsection shall1 be guilty of a crime of the
fourth degree.
If
the animal or creature is cruelly killed 3as a result of a violation of
this subsection,3 or dies as a result of a violation of 3paragraph
(1) or (2) of3 this subsection, or 2if2 the person 2who
violates this subsection2 has a prior conviction for 2an offense
that would constitute2 a violation of this subsection, the person shall
be guilty of a crime of the third degree.
2[1(3)1]2 A
1[violator of] person who violates1 this subsection shall
also be subject to the provisions of subsection 1[c.] d.1 and,
if appropriate, subsection 1[d.] e.1 of this section.
1[c.] d.1
For a violation of subsection a. 1[or] 3[,1 b. 1,]3
or c.1 of this section, in addition to imposing any other
appropriate penalties established for a crime of the third degree, crime of the
fourth degree, or disorderly persons offense, as the case may be, pursuant to
Title 2C of the New Jersey Statutes, the court shall impose a term of community
service of up to 30 days, and may direct that the term of community service be
served in providing assistance to the New Jersey Society for the Prevention of
Cruelty to Animals, a 2[district (county)] county2 society
for the prevention of cruelty to animals, or any other recognized organization
concerned with the prevention of cruelty to animals or the humane treatment and
care of animals, or to a municipality's animal control or animal population
control program. The court also [may] shall require the violator
to pay restitution, including but not limited to, the monetary cost of
replacing the animal if it died or had to be euthanized because of the extent
of its injuries, or otherwise reimburse any costs for food, drink, shelter, or
veterinary care or treatment, or other costs, incurred by the owner of the
animal, if the owner is not the person committing the act of cruelty, or
incurred by any agency, entity, or organization investigating the violation,
including but not limited to the New Jersey Society for the Prevention of
Cruelty to Animals, a 2[district (county)] county2 society
for the prevention of cruelty to animals, any other recognized organization
concerned with the prevention of cruelty to animals or the humane treatment and
care of animals, [or] a local or State governmental entity, or a
kennel, shelter, pound, or other facility providing for the shelter and care of
the animal or animals involved in the violation.
1[d.] e.1
If a juvenile is adjudicated delinquent for an act which, if committed by
an adult, would constitute a disorderly persons offense 3[, 1or a
crime of the fourth degree1 pursuant to subsection a. 2or b.2 of
this section or a crime of the third degree or],3 2crime of the
fourth degree 3, or crime of the third degree3 pursuant to 3[subsection
1[b.] c.1 of]3 this section, the court also shall
order the juvenile to receive mental health counseling by a licensed
psychologist or therapist named by the court for a period of time to be
prescribed by the licensed psychologist or therapist.
(cf:
P.L.2005, c.105, s.1)]4
2[2.
R.S.4:22-26 is amended to read as follows:
4:22-26.
A person who shall:
a.
(1) Overdrive, overload, drive when overloaded, or overwork [, deprive
of necessary sustenance, abuse, or needlessly kill] a living animal or
creature, or cause or procure, by any Page
4 of 14
direct or indirect means,
including but not limited to through the use of another living animal or
creature, any such acts to be done;
(2)
Torment, torture, maim, hang, poison, unnecessarily or cruelly beat, or needlessly
mutilate, deprive of necessary sustenance, or abuse a living animal or
creature, or cause or procure, by any direct or indirect means, including but
not limited to through the use of another living animal or creature, any such
acts to be done;
(3)
Cruelly kill, or cause or procure, by any direct or indirect means, including
but not limited to through the use of another living animal or creature, the
cruel killing of, a living animal or creature, or otherwise cause or procure,
by any direct or indirect means, including but not limited to through the use
of another living animal or creature, the death of a living animal or creature
from commission of any act described in paragraph (2) of this subsection;
(4)
Needlessly kill a living animal or creature, or cause or procure, by any direct
or indirect means, including but not limited to through the use of another
living animal or creature, the death of a living animal or creature as a result
of the commission of any act described in paragraph (1) of this subsection or
subsection c. of this section;
b.
(Deleted by amendment, P.L.2003, c.232).
c.
Inflict unnecessary cruelty upon a living animal or creature, by any direct or
indirect means, including but not limited to through the use of another living
animal or creature; or unnecessarily fail to provide a living animal or
creature of which the person has charge either as an owner or otherwise with
proper food, drink, shelter or protection from the weather; or leave it
unattended in a vehicle under inhumane conditions adverse to the health or
welfare of the living animal or creature;
d.
Receive or offer for sale a horse that is suffering from abuse or neglect, or
which by reason of disability, disease, abuse or lameness, or any other cause,
could not be worked, ridden or otherwise used for show, exhibition or
recreational purposes, or kept as a domestic pet without violating the
provisions of this article;
e.
Keep, use, be connected with or interested in the management of, or receive
money or other consideration for the admission of a person to, a place kept or
used for the purpose of fighting or baiting a living animal or creature;
f.
Be present and witness, pay admission to, encourage, aid or assist in an
activity enumerated in subsection e. of this section;
g.
Permit or suffer a place owned or controlled by him to be used as provided in
subsection e. of this section;
h.
Carry, or cause to be carried, a living animal or creature in or upon a vehicle
or otherwise, in a cruel or inhumane manner;
i.
Use a dog or dogs for the purpose of drawing or helping to draw a vehicle for
business purposes;
j.
Impound or confine or cause to be impounded or confined in a pound or other
place a living animal or creature, and shall fail to supply it during such
confinement with a sufficient quantity of good and wholesome food and water;
k.
Abandon a maimed, sick, infirm or disabled animal or creature to die in a
public place;
l.
Willfully sell, or offer to sell, use, expose, or cause or permit to be sold or
offered for sale, used or exposed, a horse or other animal having the disease
known as glanders or farcy, or other contagious or infectious disease dangerous
to the health or life of human beings or animals, or who shall, when any such
disease is beyond recovery, refuse, upon demand, to deprive the animal of life;
m.
Own, operate, manage or conduct a roadside stand or market for the sale of
merchandise along a public street or highway; or a shopping mall, or a part of
the premises Page 5 of 14
thereof; and keep a living
animal or creature confined, or allowed to roam in an area whether or not the
area is enclosed, on these premises as an exhibit; except that this subsection
shall not be applicable to: a pet shop licensed pursuant to P.L.1941, c.151
(C.4:19-15.1 et seq.); a person who keeps an animal, in a humane manner, for
the purpose of the protection of the premises; or a recognized breeders'
association, a 4-H club, an educational agricultural program, an equestrian
team, a humane society or other similar charitable or nonprofit organization
conducting an exhibition, show or performance;
n.
Keep or exhibit a wild animal at a roadside stand or market located along a
public street or highway of this State; a gasoline station; or a shopping mall,
or a part of the premises thereof;
o.
Sell, offer for sale, barter or give away or display live baby chicks,
ducklings or other fowl or rabbits, turtles or chameleons which have been dyed
or artificially colored or otherwise treated so as to impart to them an
artificial color;
p.
Use any animal, reptile, or fowl for the purpose of soliciting any alms,
collections, contributions, subscriptions, donations, or payment of money
except in connection with exhibitions, shows or performances conducted in a
bona fide manner by recognized breeders' associations, 4-H clubs or other
similar bona fide organizations;
q.
Sell or offer for sale, barter, or give away living rabbits, turtles, baby
chicks, ducklings or other fowl under two months of age, for use as household
or domestic pets;
r.
Sell, offer for sale, barter or give away living baby chicks, ducklings or
other fowl, or rabbits, turtles or chameleons under two months of age for any
purpose not prohibited by subsection q. of this section and who shall fail to
provide proper facilities for the care of such animals;
s.
Artificially mark sheep or cattle, or cause them to be marked, by cropping or
cutting off both ears, cropping or cutting either ear more than one inch from
the tip end thereof, or half cropping or cutting both ears or either ear more
than one inch from the tip end thereof, or who shall have or keep in the
person's possession sheep or cattle, which the person claims to own, marked
contrary to this subsection unless they were bought in market or of a stranger;
t.
Abandon a domesticated animal;
u.
For amusement or gain, cause, allow, or permit the fighting or baiting of a
living animal or creature;
v.
Own, possess, keep, train, promote, purchase, or knowingly sell a living animal
or creature for the purpose of fighting or baiting that animal or creature;
w.
Gamble on the outcome of a fight involving a living animal or creature;
x.
Knowingly sell or barter or offer for sale or barter, at wholesale or retail,
the fur or hair of a domestic dog or cat or any product made in whole or in
part from the fur or hair of a domestic dog or cat, unless such fur or hair for
sale or barter is from a commercial grooming establishment or a veterinary
office or clinic or is for use for scientific research;
y.
Knowingly sell or barter or offer for sale or barter, at wholesale or retail,
for human consumption, the flesh of a domestic dog or cat or any product made
in whole or in part from the flesh of a domestic dog or cat;
z.
Surgically debark or silence a dog in violation of section 1 or 2 of P.L.2002,
c.102 (C.4:19-38 or C.4:19-39);
aa.
Use a live pigeon, fowl or other bird for the purpose of a target, or to be
shot at either for amusement or as a test of skill in marksmanship, except that
this subsection and subsections bb. and cc. shall not apply to the shooting of
game;
bb.
Shoot at a bird used as described in subsection aa. of this section, or is a
party to such shooting; or Page 6 of 14
cc. Lease a building, room,
field or premises, or knowingly permit the use thereof for the purposes of
subsection aa. or bb. of this section --
Shall
forfeit and pay a sum according to the following schedule, to be sued for and
recovered, with costs, in a civil action by any person in the name of the New
Jersey Society for the Prevention of Cruelty to Animals or a county society for
the prevention of cruelty to animals, as appropriate, or, in the name of the
municipality if brought by a certified animal control officer or animal cruelty
investigator:
For
a violation of subsection e., f., g., u., v., w., or z. of this section or of
paragraph (3) of subsection a. of this section, or for a second or subsequent
violation of paragraph (2) of subsection a. of this section, a sum of not less
than $3,000 nor more than $5,000;
For
a violation of subsection l. of this section [or] for a first
violation of paragraph (2) of subsection a. of this section, or for a violation
of paragraph (4) of subsection a. of this section, a sum of not less than
$1,000 nor more than $3,000;
For
a violation of subsection c. of this section, a sum of not less than $500 nor
more than $2,000;
For
a violation of subsection x. or y. of this section, a sum of not less than $500
nor more than $1,000 for each domestic dog or cat fur or fur or hair product or
domestic dog or cat carcass or meat product;
For
a violation of subsection t. of this section, a sum of not less than $500 nor
more than $1,000, but if the violation occurs on or near a highway, a mandatory
sum of $1,000;
For
a violation of subsection [c.,] d., h., j., k., aa., bb., or cc.
of this section or of paragraph (1) of subsection a. of this section, a sum of
not less than $250 nor more than $1,000; and
For
a violation of subsection i., m., n., o., p., q., r., or s. of this section, a
sum of not less than $250 nor more than $500.
(cf:
P.L.2005, c.372, s.16)]2
3[23.] 4[4.3
R.S.4:22-26 is amended to read as follows:
4:22-26.
A person who shall:
a.
(1) Overdrive, overload, drive when overloaded, or overwork [, deprive
of necessary sustenance, abuse, or needlessly kill] a living animal or
creature, or cause or procure, by any direct or indirect means, including but
not limited to through the use of another living animal or creature, any such
acts to be done;
(2)
Torment, torture, maim, hang, poison, unnecessarily or cruelly beat, [or]
needlessly mutilate , deprive of necessary care, or abuse a living animal
or creature, or cause or procure, by any direct or indirect means, including
but not limited to through the use of another living animal or creature, any
such acts to be done;
(3)
Cruelly kill, or cause or procure, by any direct or indirect means, including
but not limited to through the use of another living animal or creature, the
cruel killing of, a living animal or creature, or otherwise cause or procure,
by any direct or indirect means, including but not limited to through the use
of another living animal or creature, the death of a living animal or creature
from commission of any act described in paragraph (2) of this subsection;
(4)
Needlessly kill a living animal or creature;
b.
(Deleted by amendment, P.L.2003, c.232).
c.
Inflict unnecessary cruelty upon a living animal or creature, by any direct or
indirect means, including but not limited to through the use of another living
animal or creature; or [unnecessarily fail to provide a living animal or
creature of which the person has charge either as an owner or otherwise with
proper food, drink, shelter or protection from the Page 7 of 14
weather; or] leave it
unattended in a vehicle under inhumane conditions adverse to the health or
welfare of the living animal or creature;
d.
Receive or offer for sale a horse that is suffering from abuse or neglect, or
which by reason of disability, disease, abuse or lameness, or any other cause,
could not be worked, ridden or otherwise used for show, exhibition or
recreational purposes, or kept as a domestic pet without violating the
provisions of this article;
e.
Keep, use, be connected with or interested in the management of, or receive
money or other consideration for the admission of a person to, a place kept or
used for the purpose of fighting or baiting a living animal or creature;
f.
Be present and witness, pay admission to, encourage, aid or assist in an
activity enumerated in subsection e. of this section;
g.
Permit or suffer a place owned or controlled by him to be used as provided in
subsection e. of this section;
h.
Carry, or cause to be carried, a living animal or creature in or upon a vehicle
or otherwise, in a cruel or inhumane manner;
i.
Use a dog or dogs for the purpose of drawing or helping to draw a vehicle for
business purposes;
j.
Impound or confine or cause to be impounded or confined in a pound or other
place a living animal or creature, and shall fail to supply it during such
confinement with a sufficient quantity of good and wholesome food and water;
k.
Abandon a maimed, sick, infirm or disabled animal or creature to die in a
public place;
l.
Willfully sell, or offer to sell, use, expose, or cause or permit to be sold or
offered for sale, used or exposed, a horse or other animal having the disease
known as glanders or farcy, or other contagious or infectious disease dangerous
to the health or life of human beings or animals, or who shall, when any such
disease is beyond recovery, refuse, upon demand, to deprive the animal of life;
m.
Own, operate, manage or conduct a roadside stand or market for the sale of
merchandise along a public street or highway; or a shopping mall, or a part of
the premises thereof; and keep a living animal or creature confined, or allowed
to roam in an area whether or not the area is enclosed, on these premises as an
exhibit; except that this subsection shall not be applicable to: a pet shop
licensed pursuant to P.L.1941, c.151 (C.4:19-15.1 et seq.); a person who keeps
an animal, in a humane manner, for the purpose of the protection of the
premises; or a recognized breeders' association, a 4-H club, an educational
agricultural program, an equestrian team, a humane society or other similar
charitable or nonprofit organization conducting an exhibition, show or
performance;
n.
Keep or exhibit a wild animal at a roadside stand or market located along a
public street or highway of this State; a gasoline station; or a shopping mall,
or a part of the premises thereof;
o.
Sell, offer for sale, barter or give away or display live baby chicks,
ducklings or other fowl or rabbits, turtles or chameleons which have been dyed
or artificially colored or otherwise treated so as to impart to them an
artificial color;
p.
Use any animal, reptile, or fowl for the purpose of soliciting any alms,
collections, contributions, subscriptions, donations, or payment of money
except in connection with exhibitions, shows or performances conducted in a
bona fide manner by recognized breeders' associations, 4-H clubs or other
similar bona fide organizations;
q.
Sell or offer for sale, barter, or give away living rabbits, turtles, baby
chicks, ducklings or other fowl under two months of age, for use as household
or domestic pets; Page 8 of 14
r. Sell, offer for sale, barter
or give away living baby chicks, ducklings or other fowl, or rabbits, turtles
or chameleons under two months of age for any purpose not prohibited by
subsection q. of this section and who shall fail to provide proper facilities
for the care of such animals;
s.
Artificially mark sheep or cattle, or cause them to be marked, by cropping or
cutting off both ears, cropping or cutting either ear more than one inch from
the tip end thereof, or half cropping or cutting both ears or either ear more
than one inch from the tip end thereof, or who shall have or keep in the
person's possession sheep or cattle, which the person claims to own, marked
contrary to this subsection unless they were bought in market or of a stranger;
t.
Abandon a domesticated animal;
u.
For amusement or gain, cause, allow, or permit the fighting or baiting of a
living animal or creature;
v.
Own, possess, keep, train, promote, purchase, or knowingly sell a living animal
or creature for the purpose of fighting or baiting that animal or creature;
w.
Gamble on the outcome of a fight involving a living animal or creature;
x.
Knowingly sell or barter or offer for sale or barter, at wholesale or retail,
the fur or hair of a domestic dog or cat or any product made in whole or in
part from the fur or hair of a domestic dog or cat, unless such fur or hair for
sale or barter is from a commercial grooming establishment or a veterinary
office or clinic or is for use for scientific research;
y.
(1) Knowingly sell or barter, or offer for sale or barter, at wholesale or
retail, for human consumption, the flesh of a domestic dog or cat, or any
product made in whole or in part from the flesh of a domestic dog or cat;
(2)
Knowingly slaughter a horse for human consumption;
(3)
Knowingly sell or barter, or offer for sale or barter, at wholesale or retail,
for human consumption, the flesh of a horse, or any product made in whole or in
part from the flesh of a horse, or knowingly accept or publish newspaper
advertising that includes the offering for sale, trade, or distribution of any
such item for human consumption;
(4)
Knowingly transport a horse for the purpose of slaughter for human consumption;
(5)
Knowingly transport horsemeat, or any product made in whole or in part from the
flesh of a horse, for the purpose of human consumption;
z.
Surgically debark or silence a dog in violation of section 1 or 2 of P.L.2002,
c.102 (C.4:19-38 or C.4:19-39);
aa.
Use a live pigeon, fowl or other bird for the purpose of a target, or to be
shot at either for amusement or as a test of skill in marksmanship, except that
this subsection and subsections bb. and cc. shall not apply to the shooting of
game;
bb.
Shoot at a bird used as described in subsection aa. of this section, or is a
party to such shooting; or
cc.
Lease a building, room, field or premises, or knowingly permit the use thereof
for the purposes of subsection aa. or bb. of this section --
Shall
forfeit and pay a sum according to the following schedule, to be sued for and
recovered, with costs, in a civil action by any person in the name of the New
Jersey Society for the Prevention of Cruelty to Animals or a county society for
the prevention of cruelty to animals, as appropriate, or, in the name of the
municipality if brought by a certified animal control officer or animal cruelty
investigator:
For
a violation of subsection e., f., g., u., v., w., or z. of this section or of
paragraph (3) of subsection a. of this section, or for a second or subsequent
violation of paragraph (2) of subsection a. of this section, a sum of not less
than $3,000 nor more than $5,000;Page 9
of 14
For a violation of subsection l.
of this section [or], for a first violation of paragraph (2) of
subsection a. of this section, or for a violation of paragraph (4) of
subsection a. of this section, a sum of not less than $1,000 nor more than
$3,000;
For
a violation of subsection c. of this section, a sum of not less than $500 nor
more than $2,000;
For
a violation of subsection x. or paragraph (1) of subsection y. of this section,
a sum of not less than $500 nor more than $1,000 for each domestic dog or cat
fur or fur or hair product or domestic dog or cat carcass or meat product sold,
bartered, or offered for sale or barter;
For
a violation of paragraph (2), (3), (4), or (5) of subsection y. of this
section, a sum of not less than $500 nor more than $1,000 for each horse
slaughtered or transported for the purpose of slaughter for human consumption,
or for each horse carcass or meat product transported, sold or bartered, or
offered or advertised for sale or barter;
For
a violation of subsection t. of this section, a sum of not less than $500 nor
more than $1,000, but if the violation occurs on or near a highway, a mandatory
sum of $1,000;
For
a violation of subsection [c.,] d., h., j., k., aa., bb., or cc.
of this section or of paragraph (1) of subsection a. of this section, a sum of
not less than $250 nor more than $1,000; and
For
a violation of subsection i., m., n., o., p., q., r., or s. of this section, a
sum of not less than $250 nor more than $500.2
(cf:
P.L.2012, c.52, s.2, Advance Law 9/19/2012)]4
42.
R.S.4:22-17 is amended to read as follows:
4:22-17.
a. [A person who shall] It shall be unlawful to:
(1)
Overdrive, overload, drive when overloaded, overwork [, deprive of necessary
sustenance] , abuse, or needlessly kill a living animal or creature;
(2)
Cause or procure, by any direct or indirect means, including but not limited to
through the use of another living animal or creature, any [such] of
the acts described in paragraph (1) of this subsection to be done; [or]
(3)
Inflict unnecessary cruelty upon a living animal or creature, by any direct or
indirect means, including but not limited to through the use of another living
animal or creature; or [unnecessarily fail to provide a living animal or
creature of which the person has charge either as an owner or otherwise with
proper food, drink, shelter or protection from the weather; or] leave [it]
the living animal or creature unattended in a vehicle under inhumane
conditions adverse to the health or welfare of the living animal or creature [--
Shall]
; or
(4)
Fail, as the owner or as a person otherwise charged with the care of a living
animal or creature, to provide the living animal or creature with necessary
care.
b.
(1) A person who violates subsection a. of this section shall be guilty of a
disorderly persons offense [, and notwithstanding] .
Notwithstanding the provisions of N.J.S.2C:43-3 to the contrary, for every [such]
conviction of an offense pursuant to paragraph (1) or (2) of subsection a.
of this section, the person shall be fined not less than $250 nor more than
$1,000, or be imprisoned for a term of not more than six months, or both, in
the discretion of the court; and for every conviction of an offense pursuant to
paragraph (3) or (4) of subsection a. of this section, the person shall be
fined not less than $500 nor more than $2,000, or be imprisoned for a term of
not more than six months, or both, in the discretion of the court. Page 10 of 14
(2) If the person who violates
subsection a. of this section has a prior conviction for an offense that would
constitute a violation of subsection a. of this section, the person shall be
guilty of a crime of the fourth degree.
(3)
A [violator of this subsection] person who violates subsection a.
of this section shall also be subject to the provisions of [subsection
c.] subsections e. and f. and, if appropriate, subsection [d.]
g., of this section.
[b. A person
who shall] c. It shall be unlawful to purposely, knowingly, or
recklessly:
(1)
Torment, torture, maim, hang, poison, unnecessarily or cruelly beat, cruelly
abuse, or needlessly mutilate a living animal or creature; [or]
(2)
Cause bodily injury to a living animal or creature by failing to provide the
living animal or creature with necessary care, whether as the owner or as a
person otherwise charged with the care of the living animal or creature; or
(3)
Cause or procure an act described in paragraph (1) or (2) of this subsection to
be done, by any direct or indirect means, including but not limited to through
the use of another living animal or creature [, any such acts to be done
--
Shall]
.
d.
(1) A person who violates paragraph (1), (2), or (3) of subsection c. of this
section shall be guilty of a crime of the fourth degree [.
If]
, except that the person shall be guilty of a crime of the third degree if:
(a)
the animal or creature [is cruelly killed or] dies as a result of
[a] the violation [of this subsection, or] ;
(b)
the animal or creature suffers serious bodily injury as a result of the
violation; or
(c)
the person has a prior conviction for an offense that would constitute a
violation of [this] paragraph (1), (2), or (3) of subsection [,
the person shall be guilty of a crime of the third degree] c. of this
section.
(2)
A [violator of this] person who violates any provision of
subsection c. of this section shall also be subject to the provisions of [subsection
c.] subsections e. and f. and, if appropriate, subsection [d.]
g., of this section.
[c.] e.
For a violation of [subsection a. or b. of] this section, in
addition to imposing any other appropriate penalties established for a crime of
the third degree, crime of the fourth degree, or disorderly persons offense, as
the case may be, pursuant to Title 2C of the New Jersey Statutes, the court
shall impose a term of community service of up to 30 days, and may direct that
the term of community service be served in providing assistance to the New
Jersey Society for the Prevention of Cruelty to Animals, a [district
(county)] county society for the prevention of cruelty to animals, or
any other recognized organization concerned with the prevention of cruelty to
animals or the humane treatment and care of animals, or to a municipality's
animal control or animal population control program.
f.
The court also [may] shall require [the] any
violator of this section to pay restitution, including but not limited to, the
monetary cost of replacing the animal if the animal died or had to be
euthanized because of the extent of the animal’s injuries, or otherwise
reimburse any costs for food, drink, shelter, or veterinary care or treatment,
or other costs, incurred by the owner of the animal, if the owner is not the
person committing the act of cruelty, or incurred by any agency, entity, or
organization investigating the violation, including but not limited to the New
Jersey Society for the Prevention of Cruelty to Animals, a [district
(county)] county society for the prevention of cruelty to animals, any
other recognized organization concerned with the prevention of cruelty to
animals or the humane treatment and care of animals, [or] a local
or State governmental entity, or a kennel, shelter, pound, or other facility
providing for the shelter and care of the animal or animals involved in the violation. Page 11 of 14
[d.] g.
If a juvenile is adjudicated delinquent for an act which, if committed by an
adult, would constitute a disorderly persons offense [pursuant to
subsection a. of this section or a crime of the third degree or] , crime
of the fourth degree , or crime of the third degree pursuant to [subsection
b. of] this section, the court also shall order the juvenile to receive
mental health counseling by a licensed psychologist or therapist named by the
court for a period of time to be prescribed by the licensed psychologist or
therapist.4
(cf:
P.L.2005, c.105, s.1)
43.
R.S.4:22-26 is amended to read as follows:
4:22-26.
A person who shall:
a.
(1) Overdrive, overload, drive when overloaded, overwork [, deprive of
necessary sustenance,] abuse, or needlessly kill a living animal or
creature, or cause or procure, by any direct or indirect means, including but
not limited to through the use of another living animal or creature, any such
acts to be done;
(2)
Torment, torture, maim, hang, poison, unnecessarily or cruelly beat, [or]
cruelly abuse, or needlessly mutilate a living animal or creature, or cause
or procure, by any direct or indirect means, including but not limited to
through the use of another living animal or creature, any such acts to be done;
(3)
[Cruelly kill, or cause or procure,] Cause the death of, or
serious bodily injury to, a living animal or creature from commission of any
act described in paragraph (2), (4), (5), or (6) of this subsection,
by
any direct or indirect means, including but not limited to through the use of
another living animal or creature, [the cruel killing of, a living
animal or creature,] or otherwise cause or procure [, by any
direct or indirect means, including but not limited to through the use of
another living animal or creature, the death of a living animal or creature
from commission of any act described in paragraph (2) of this subsection] any
such acts to be done;
(4)
Fail, as the owner or a person otherwise charged with the care of a living
animal or creature, to provide the living animal or creature with necessary
care, or otherwise cause or procure such an act to be done; or
(5)
Cause bodily injury to a living animal or creature from commission of the act
described in paragraph (4) of this subsection;
b.
(Deleted by amendment, P.L.2003, c.232)[.]
c.
Inflict unnecessary cruelty upon a living animal or creature, by any direct or
indirect means, including but not limited to through the use of another living
animal or creature; or [unnecessarily fail to provide a living animal or
creature of which the person has charge either as an owner or otherwise with
proper food, drink, shelter or protection from the weather; or] leave [it]
the living animal or creature unattended in a vehicle under inhumane
conditions adverse to the health or welfare of the living animal or creature;
d.
Receive or offer for sale a horse that is suffering from abuse or neglect, or
which by reason of disability, disease, abuse or lameness, or any other cause,
could not be worked, ridden or otherwise used for show, exhibition or
recreational purposes, or kept as a domestic pet without violating the
provisions of this article;
e.
Keep, use, be connected with or interested in the management of, or receive
money or other consideration for the admission of a person to, a place kept or
used for the purpose of fighting or baiting a living animal or creature;
f.
Be present and witness, pay admission to, encourage, aid or assist in an
activity enumerated in subsection e. of this section;
g.
Permit or suffer a place owned or controlled by him to be used as provided in
subsection e. of this section; Page 12 of 14
h. Carry, or cause to be
carried, a living animal or creature in or upon a vehicle or otherwise, in a
cruel or inhumane manner;
i.
Use a dog or dogs for the purpose of drawing or helping to draw a vehicle for
business purposes;
j.
Impound or confine or cause to be impounded or confined in a pound or other
place a living animal or creature, and shall fail to supply [it] the
living animal or creature during such confinement with a sufficient quantity of
good and wholesome food and water;
k.
Abandon a maimed, sick, infirm or disabled animal or creature to die in a
public place;
l.
Willfully sell, or offer to sell, use, expose, or cause or permit to be sold or
offered for sale, used or exposed, a horse or other animal having the disease
known as glanders or farcy, or other contagious or infectious disease dangerous
to the health or life of human beings or animals, or who shall, when any such
disease is beyond recovery, refuse, upon demand, to deprive the animal of life;
m.
Own, operate, manage or conduct a roadside stand or market for the sale of
merchandise along a public street or highway; or a shopping mall, or a part of
the premises thereof; and keep a living animal or creature confined, or allowed
to roam in an area whether or not the area is enclosed, on these premises as an
exhibit; except that this subsection shall not be applicable to: a pet shop
licensed pursuant to P.L.1941, c.151 (C.4:19-15.1 et seq.); a person who keeps
an animal, in a humane manner, for the purpose of the protection of the
premises; or a recognized breeders' association, a 4-H club, an educational
agricultural program, an equestrian team, a humane society or other similar
charitable or nonprofit organization conducting an exhibition, show or
performance;
n.
Keep or exhibit a wild animal at a roadside stand or market located along a
public street or highway of this State; a gasoline station; or a shopping mall,
or a part of the premises thereof;
o.
Sell, offer for sale, barter or give away or display live baby chicks,
ducklings or other fowl or rabbits, turtles or chameleons which have been dyed
or artificially colored or otherwise treated so as to impart to them an
artificial color;
p.
Use any animal, reptile, or fowl for the purpose of soliciting any alms,
collections, contributions, subscriptions, donations, or payment of money
except in connection with exhibitions, shows or performances conducted in a
bona fide manner by recognized breeders' associations, 4-H clubs or other
similar bona fide organizations;
q.
Sell or offer for sale, barter, or give away living rabbits, turtles, baby
chicks, ducklings or other fowl under two months of age, for use as household
or domestic pets;
r.
Sell, offer for sale, barter or give away living baby chicks, ducklings or
other fowl, or rabbits, turtles or chameleons under two months of age for any
purpose not prohibited by subsection q. of this section and who shall fail to
provide proper facilities for the care of such animals;
s.
Artificially mark sheep or cattle, or cause them to be marked, by cropping or
cutting off both ears, cropping or cutting either ear more than one inch from
the tip end thereof, or half cropping or cutting both ears or either ear more
than one inch from the tip end thereof, or who shall have or keep in the
person's possession sheep or cattle, which the person claims to own, marked
contrary to this subsection unless they were bought in market or of a stranger;
t.
Abandon a domesticated animal;
u.
For amusement or gain, cause, allow, or permit the fighting or baiting of a
living animal or creature; Page 13 of 14
v. Own, possess, keep, train,
promote, purchase, or knowingly sell a living animal or creature for the
purpose of fighting or baiting that animal or creature;
w.
Gamble on the outcome of a fight involving a living animal or creature;
x.
Knowingly sell or barter or offer for sale or barter, at wholesale or retail,
the fur or hair of a domestic dog or cat or any product made in whole or in
part from the fur or hair of a domestic dog or cat, unless such fur or hair for
sale or barter is from a commercial grooming establishment or a veterinary
office or clinic or is for use for scientific research;
y.
(1) Knowingly sell or barter, or offer for sale or barter, at wholesale or
retail, for human consumption, the flesh of a domestic dog or cat, or any
product made in whole or in part from the flesh of a domestic dog or cat;
(2)
Knowingly slaughter a horse for human consumption;
(3)
Knowingly sell or barter, or offer for sale or barter, at wholesale or retail,
for human consumption, the flesh of a horse, or any product made in whole or in
part from the flesh of a horse, or knowingly accept or publish newspaper
advertising that includes the offering for sale, trade, or distribution of any
such item for human consumption;
(4)
Knowingly transport a horse for the purpose of slaughter for human consumption;
(5)
Knowingly transport horsemeat, or any product made in whole or in part from the
flesh of a horse, for the purpose of human consumption;
z.
Surgically debark or silence a dog in violation of section 1 or 2 of P.L.2002,
c.102 (C.4:19-38 or C.4:19-39);
aa.
Use a live pigeon, fowl or other bird for the purpose of a target, or to be
shot at either for amusement or as a test of skill in marksmanship, except that
this subsection and subsections bb. and cc. shall not apply to the shooting of
game;
bb.
Shoot at a bird used as described in subsection aa. of this section, or is a
party to such shooting; or
cc.
Lease a building, room, field or premises, or knowingly permit the use thereof
for the purposes of subsection aa. or bb. of this section --
Shall
forfeit and pay a sum according to the following schedule, to be sued for and
recovered, with costs, in a civil action by any person in the name of the New
Jersey Society for the Prevention of Cruelty to Animals or a county society for
the prevention of cruelty to animals, as appropriate, or, in the name of the
municipality if brought by a certified animal control officer or animal cruelty
investigator:
For
a violation of subsection e., f., g., u., v., w., or z. of this section or of
paragraph (3) of subsection a. of this section, or for a second or subsequent
violation of paragraph (2) or (5) of subsection a. of this section, a sum of
not less than $3,000 nor more than $5,000;
For
a violation of subsection l. of this section [or], for a first
violation of paragraph (2) or (5) of subsection a. of this section, a sum of
not less than $1,000 nor more than $3,000;
For
a violation of paragraph (4) of subsection a. of this section, or subsection c.
of this section, a sum of not less than $500 nor more than $2,000;
For
a violation of subsection x. or paragraph (1) of subsection y. of this section,
a sum of not less than $500 nor more than $1,000 for each domestic dog or cat
fur or fur or hair product or domestic dog or cat carcass or meat product sold,
bartered, or offered for sale or barter;
For
a violation of paragraph (2), (3), (4), or (5) of subsection y. of this
section, a sum of not less than $500 nor more than $1,000 for each horse
slaughtered or transported for the purpose of slaughter for human consumption,
or for each horse carcass or meat product transported, sold or bartered, or
offered or advertised for sale or barter; Page 14 of 14
For a violation of subsection t.
of this section, a sum of not less than $500 nor more than $1,000, but if the
violation occurs on or near a highway, a mandatory sum of $1,000;
For
a violation of subsection [c.,] d., h., j., k., aa., bb., or cc.
of this section or of paragraph (1) of subsection a. of this section, a sum of
not less than $250 nor more than $1,000; and
For
a violation of subsection i., m., n., o., p., q., r., or s. of this section, a
sum of not less than $250 nor more than $500.4
(cf:
P.L.2012, c.52, s.2)
2[3.] 3[ 4.2]
4[5.3] 4.4 This act shall take effect immediately.
Source:
https://www.judiciary.state.nj.us/legis/P.L.%202013,%20c.88%20-%20Revises%20penalties%20for%20certain%20animal%20cruelty%20offenses.pdf
