PAW Cares Act

Creating Animal Rights and Enhanced Sentencing

Summary: This Maryland statutory section comprises the state's anti-cruelty provisions. Under the section, "animal" means a living creature except a human being. "Cruelty" is defined as the unnecessary or unjustifiable physical pain or suffering caused or allowed by an act, omission, or neglect, and includes torture and torment. Agricultural, veterinary, research, and "an activity that may cause unavoidable physical pain to an animal, including food processing, pest elimination, animal training, and hunting. . . " are excluded from the purview of the act.

§ 10-604. Abuse or neglect of animal

(a) A person may not:

(1) overdrive or overload an animal;

(2) deprive an animal of necessary sustenance;

(3) inflict unnecessary suffering or pain on an animal;

(4) cause, procure, or authorize an act prohibited under item (1), (2), or (3) of this subsection; or

(5) if the person has charge or custody of an animal, as owner or otherwise, unnecessarily fail to provide the animal with:

(i) nutritious food in sufficient quantity;

(ii) necessary veterinary care;

(iii) proper drink;

(iv) proper air;

(v) proper space;

(vi) proper shelter; or

(vii) proper protection from the weather.

Penalty

(b)(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $1,000 or both.

(2) As a condition of sentencing, the court may order a defendant convicted of violating this section to:

(i) participate in and pay for psychological counseling; and

(ii) pay, in addition to any other fines and costs, all reasonable costs incurred in removing, housing, treating, or euthanizing an animal confiscated from the defendant.

(3) As a condition of probation, the court may prohibit a defendant from owning, possessing, or residing with an animal.

§ 10-606. Aggravated cruelty to animals--In general

“Sexual contact with an animal” defined

(a)(1) In this section, “sexual contact with an animal” means any act:

(i) involving:

1. a person touching the sex organ or anus of an animal;

2. contact between:

A. the sex organ or anus of a person and the mouth, sex organ, or anus of an animal; or

B. the sex organ or anus of an animal, and the mouth, sex organ, or anus of a person; or

3. insertion of:

A. any part of the body of a person into the opening of the vagina or anus of an animal;

B. any part of an animal's body into the opening of the vagina or anus of a person; or

C. any object into the opening of the vagina or anus of an animal; and

(ii) committed for the purpose of sexual arousal, sexual gratification, abuse, or financial gain.

(2) “Sexual contact with an animal” does not include:

(i) an accepted veterinary practice;

(ii) artificial insemination of an animal for reproductive purposes;

(iii) accepted animal husbandry practices, including:

1. grooming;

2. raising;

3. breeding;

4. assisting with the birthing process; or

5. any other activity that provides care for an animal; or

(iv) generally accepted practices relating to the judging of breed confirmation.

Prohibited

(b) A person may not:

(1) intentionally:

(i) mutilate an animal;

(ii) torture an animal;

(iii) cruelly beat an animal;

(iv) cruelly kill an animal; or

(v) engage in sexual contact with an animal;

(2) cause, procure, or authorize an act prohibited under item (1) of this subsection; or

(3) except in the case of self-defense, intentionally inflict bodily harm, permanent disability, or death on an animal owned or used by a law enforcement unit.

Penalty

(c)(1) A person who violates this section is guilty of the felony of aggravated cruelty to animals and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

(2) As a condition of sentencing, the court may:

(i) order a defendant convicted of violating this section to:

1. participate in and pay for psychological counseling; and

2. pay, in addition to any other fines and costs, all reasonable costs incurred in removing, housing, treating, or euthanizing an animal confiscated from the defendant; and

(ii) prohibit a defendant from owning, possessing, or residing with an animal for a specified period of time.

Credits

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2011, c. 26, § 1, eff. Oct. 1, 2011; Acts 2011, c. 27, § 1, eff. Oct. 1, 2011; Acts 2014, c. 218, § 1, eff. Oct. 1, 2014; Acts 2017, c. 187, § 1, eff. Oct. 1, 2017; Acts 2017, c. 188, § 1, eff. Oct. 1, 2017; Acts 2018, c. 238, § 1, eff. Oct. 1, 2018; Acts 2019, c. 61, § 1, eff. Oct. 1, 2019; Acts 2019, c. 62, § 1, eff. Oct. 1, 2019; Acts 2019, c. 72, § 1, eff. Oct. 1, 2019.

Formerly Art. 27, § 59

§ 10-607. Aggravated cruelty to animals--Dogfights

(a) In this section, “baiting” means using a dog to train a fighting dog or to test the fighting or killing instinct of another dog.

Prohibited

(b) A person may not:

(1) use or allow a dog to be used in a dogfight or for baiting;

(2) arrange or conduct a dogfight;

(3) possess, own, sell, transport, or train a dog with the intent to use the dog in a dogfight or for baiting; or

(4) knowingly allow premises under the person's ownership, charge, or control to be used to conduct a dogfight or for baiting.

Fines and penalties

(2) As a condition of sentencing, the court may:

(i) order a defendant convicted of violating this section to:

1. participate in and pay for psychological counseling; and

2. pay, in addition to any other fines and costs, all reasonable costs incurred in removing, housing, treating, or euthanizing an animal confiscated from the defendant; and

(ii) prohibit a defendant from owning, possessing, or residing with an animal for a specified period of time.

Credits

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2004, c. 120, § 1, eff. Oct. 1, 2004; Acts 2004, c. 121, § 1, eff. Oct. 1, 2004; Acts 2013, c. 44, § 1, eff. Oct. 1, 2013; Acts 2018, c. 238, § 1, eff. Oct. 1, 2018; Acts 2019, c. 61, § 1, eff. Oct. 1, 2019; Acts 2019, c. 62, § 1, eff. Oct. 1, 2019.

Formerly Art. 27, § 59

§ 10-607.1. Possession and use of an implement of dogfighting

“Implement of dogfighting” defined

(a)(1) In this section, “implement of dogfighting” means an implement, an object, a device, or a drug intended or designed:

(i) to enhance the fighting ability of a dog; or

(ii) for use in a deliberately conducted event that uses a dog to fight with another dog.

(2) “Implement of dogfighting” includes:

(i) a breaking stick designed for insertion behind the molars of a dog to break the dog's grip on another animal or object;

(ii) a cat mill that rotates around a central support with one arm designed to secure a dog and one arm designed to secure a cat, rabbit, or other small animal beyond the grasp of the dog;

(iii) a springpole that has a biting surface attached to a stretchable device, suspended at a height sufficient to prevent an animal from reaching the biting surface while touching the ground;

(iv) a fighting pit or other confined area designed to contain a dogfight;

(v) a breeding stand or rape stand used to immobilize female dogs for breeding purposes; and

(vi) any other instrument or device that is commonly used in the training for, in the preparation for, in the conditioning for, in the breeding for, in the conducting of, or otherwise in furtherance of a dogfight.

Possession of an implement of dogfighting

(b) A person may not possess, with the intent to unlawfully use, an implement of dogfighting.

Fines and penalties

(c)(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $5,000 or both.

(2) As a condition of sentencing, the court may:

(i) order a defendant convicted of violating this section to participate in and pay for psychological counseling; and

(ii) prohibit a defendant from owning, possessing, or residing with an animal for a specified period of time.

(3) Each implement of dogfighting possessed in violation of this section is a separate offense.

^^ RETURN TO ALL STATE LAWS ^^