|
Please e-mail help@furryfriendsrefuge.org for questions about statewide laws or for help locating local or federal laws IOWA CODE ANN. § 717B.1 (2007). Definitions As used in this chapter: 1. "Animal" means a nonhuman vertebrate. However, "animal" does not include any of the following: a. Livestock, as defined in section 717.1. b. Any game, fur-bearing animal, fish, reptile, or amphibian, as defined in section 481A.1, unless a person owns, confines, or controls the game, fur- bearing animal, fish, reptile, or amphibian. c. Any nongame species declared to be a nuisance pursuant to section 481A.42. 2. "Animal care provider" means a person designated by a local authority to provide care to an animal which is rescued by the local authority pursuant to section 717B.5. 3. Unless the context otherwise requires, "book", "list", "record", or "schedule" kept by a county auditor, assessor, treasurer, recorder, sheriff, or other county officer means the county system as defined in section 445.1. 4. "Dispositional expenses" means expenses incurred by a local authority in rescuing an animal as provided in section 717B.5, maintaining the animal until the conclusion of a dispositional proceeding as provided in section 717B.4, or disposing of the animal as provided in section 717B.4. 5. "Law enforcement officer" means a regularly employed member of a police force of a city or county, including a sheriff, who is responsible for the prevention and dedication of crime and the enforcement of the criminal laws of this state. 6. "Local authority" means a city as defined in section 362.2 or a county as provided in chapter 331. 7. "Maintenance" means to provide on-site or off-site care to neglected animals. 8. "Responsible party" means a person who owns or maintains an animal. 9. "Threatened animal" means an animal that is abused as provided in section 717B.2, neglected as provided in section 717B.3, or tortured as provided in section 717B.3A. IOWA CODE ANN. § 717B.2 (2007). Animal abuse. A person is guilty of animal abuse if the person intentionally injures, maims, disfigures, or destroys an animal owned by another person, in any manner, including intentionally poisoning the animal. A person guilty of animal abuse is guilty of an aggravated misdemeanor. This section shall not apply to any of the following: 1. A person acting with the consent of the person owning the animal, unless the action constitutes animal neglect as provided in section 717B.3. 2. A person acting to carry out an order issued by a court. 3. A licensed veterinarian practicing veterinary medicine as provided in chapter 169. 4. A person acting in order to carry out another provision of law which allows the conduct. 5. A person taking, hunting, trapping, or fishing for a wild animal as provided in chapter 481A. 6. A person acting to protect the person's property from a wild animal as defined in section 481A.1. 7. A person acting to protect a person from injury or death caused by a wild animal as defined in section 481A.1. 8. A person reasonably acting to protect the person's property from damage caused by an unconfined animal. 9. A person reasonably acting to protect a person from injury or death caused by an unconfined animal. 10. A local authority reasonably acting to destroy an animal, if at the time of the destruction, the owner of the animal is absent or unable to care for the animal, and the animal is permanently distressed by disease or injury to a degree that would result in severe and prolonged suffering. 11. An institution, as defined in section 145B.1, or a research facility, as defined in section 162.2, provided that the institution or research facility performs functions within the scope of accepted practices and disciplines associated with the institution or research facility. IOWA CODE ANN. § 717B.3 (2007). Animal neglect. 1. A person who impounds or confines, in any place, an animal is guilty of animal neglect, if the person does any of the following: fails to supply the animal during confinement with a sufficient quantity of food or water; fails to provide a confined dog or cat with adequate shelter; or tortures, deprives of necessary sustenance, mutilates, beats, or kills an animal by any means which causes unjustified pain, distress, or suffering. 2. This section does not apply to an institution, as defined in section 145B.1, or a research facility, as defined in section 162.2, provided that the institution or research facility performs functions within the scope of accepted practices and disciplines associated with the institution or research facility. 3. A person who negligently or intentionally commits the offense of animal neglect is guilty of a simple misdemeanor. A person who intentionally commits the offense of animal neglect which results in serious injury to or the death of an animal is guilty of a serious misdemeanor. IOWA CODE ANN. § 717B.3A (2007). Animal torture 1. A person is guilty of animal torture, regardless of whether the person is the owner of the animal, if the person inflicts upon the animal severe physical pain with a depraved or sadistic intent to cause prolonged suffering or death. 2. This section shall not apply to any of the following: a. A person acting to carry out an order issued by a court. b. A licensed veterinarian practicing veterinary medicine as provided in chapter 169. c. A person carrying out a practice that is consistent with animal husbandry practices. d. A person acting in order to carry out another provision of law which allows the conduct. e. A person taking, hunting, trapping, or fishing for a wild animal as provided in chapter 481A. f. A person acting to protect the person's property from a wild animal as defined in section 481A.1. g. A person acting to protect a person from injury or death caused by a wild animal as defined in section 481A.1. h. A person reasonably acting to protect the person's property from damage caused by an unconfined animal. i. A person reasonably acting to protect a person from injury or death caused by an unconfined animal. j. A local authority reasonably acting to destroy an animal, if at the time of the destruction, the owner of the animal is absent or unable to care for the animal, and the animal is permanently distressed by disease or injury to a degree that would result in severe and prolonged suffering. k. An institution, as defined in section 145B.1, or a research facility, as defined in section 162.2, provided that the institution or research facility performs functions within the scope of accepted practices and disciplines associated with the institution or research facility. 3. a. The following shall apply to a person who commits animal torture: (1) For the first conviction, the person is guilty of an aggravated misdemeanor. The sentencing order shall provide that the person submit to psychological evaluation and treatment according to terms required by the court. The costs of the evaluation and treatment shall be paid by the person. In addition, the sentencing order shall provide that the person complete a community work requirement, which may include a work requirement performed at an animal shelter or pound, as defined in section 162.2, according to terms required by the court. (2) For a second or subsequent conviction, the person is guilty of a class "D" felony. The sentencing order shall provide that the person submit to psychological evaluation and treatment according to terms required by the court. The costs of the psychological evaluation and treatment shall be paid by the person. b. The juvenile court shall have exclusive original jurisdiction in a proceeding concerning a child who is alleged to have committed animal torture, in the manner provided in section 232.8. The juvenile court shall not waive jurisdiction in a proceeding concerning an offense alleged to have been committed by a child under the age of seventeen. IOWA CODE ANN. § 717B.8 (2007). Abandonment of cats and dogs--penalties A person who has ownership or custody of a cat or dog shall not abandon the cat or dog, except the person may deliver the cat or dog to another person who will accept ownership and custody or the person may deliver the cat or dog to an animal shelter or pound as defined in section 162.2. A person who violates this section is guilty of a simple misdemeanor. IA ST § 717.1 Definitions As used in this chapter, unless the context otherwise requires: 1. "Law enforcement officer" means a regularly employed member of a police force of a city or county, including a sheriff, who is responsible for the prevention and detection of crime and the enforcement of the criminal laws of this state. 2. "Livestock" means an animal belonging to the bovine, caprine, equine, ovine, or porcine species, ostriches, rheas, emus; farm deer as defined in section 170.1; or poultry. 3. "Livestock care provider" means a person designated by a local authority to provide care to livestock which is rescued by the local authority pursuant to section 717.2A. 4. "Local authority" means a city as defined in section 362.2 or a county as provided in chapter 331. 5. "Maintenance" means to provide on-site or off-site care to neglected livestock. 6. "Sustenance" means food, water, or a nutritional formulation customarily used in the production of livestock. CREDIT(S) Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 1701, eff. Jan. 1, 1978. Amended by Acts 1994 (75 G.A.) ch. 1103, § 7; Acts 1995 (76 G.A.) ch. 43, § 14; Acts 1995 (76 G.A.) ch. 134, § 6; Acts 2003 (80 G.A.) ch. 149, § 21, eff. May 23, 2003. IA ST § 717.1A Livestock abuse A person is guilty of livestock abuse if the person intentionally injures or destroys livestock owned by another person, in any manner, including, but not limited to, intentionally doing any of the following: administering drugs or poisons to the livestock, or disabling the livestock by using a firearm or trap. A person guilty of livestock abuse commits an aggravated misdemeanor. This section shall not apply to any of the following: 1. A person acting with the consent of the person owning the livestock, unless the action constitutes livestock neglect as provided in section 717.2. 2. A person acting to carry out an order issued by a court. 3. A licensed veterinarian practicing veterinary medicine as provided in chapter 169. 4. A person acting in order to carry out another provision of law which allows the conduct. 5. A person reasonably acting to protect the person's property from damage caused by estray livestock. 6. A person reasonably acting to protect a person from injury or death caused by estray livestock. 7. An institution, as defined in section 145B.1, or a research facility, as defined in section 162.2, provided that the institution or research facility performs functions within the scope of accepted practices and disciplines associated with the institution or research facility. IA ST § 717.2 Livestock neglect 1. A person who impounds or confines livestock, in any place, and does any of the following commits the offense of livestock neglect: a. Fails to provide livestock with care consistent with customary animal husbandry practices. b. Deprives livestock of necessary sustenance. c. Injures or destroys livestock by any means which causes pain or suffering in a manner inconsistent with customary animal husbandry practices. 2. A person who commits the offense of livestock neglect is guilty of a simple misdemeanor. A person who intentionally commits the offense of livestock neglect which results in serious injury to or the death of livestock is guilty of a serious misdemeanor. However, a person shall not be guilty of more than one offense of livestock neglect punishable as a serious misdemeanor, when care or sustenance is not provided to multiple head of livestock during any period of uninterrupted neglect. 3. This section does not apply to an institution, as defined in section 145B.1, or a research facility, as defined in section 162.2, provided that the institution or research facility performs functions within the scope of accepted practices and disciplines associated with the institution or research facility. |