PAW Cares Act
Creating Animal Rights and Enhanced Sentencing
Summary: This section constitutes Mississippi's anti-cruelty and animal fighting provisions, which were recently amended in 2011. The pertinent anti-cruelty law, Sec. 97-41-1, states that any person who intentionally or with criminal negligence overrides, overdrives, overloads, tortures, torments, unjustifiably injures, deprives of necessary sustenance, food, or drink, cruelly beats, or needlessly mutilates any living creature is guilty of a misdemeanor. The cat and dog cruelty provision, 97-41-16, was significantly amended in 2011. This section, known as the "Mississippi Dog and Cat Pet Protection Law of 2011," makes it a misdemeanor to intentionally or with criminal negligence wound, deprive of adequate food, water, or shelter, or carry or confine in a cruel manner, any domesticated cat or dog. Aggravated cruelty occurs when a person with malice intentionally tortures, mutilates, maims, burns, starves or disfigures any domesticated dog or cat.
§ 97-41-1. Cruelty to living creatures
Except as otherwise provided in Section 97-41-16 for a dog or cat, if any person shall intentionally or with criminal negligence override, overdrive, overload, torture, torment, unjustifiably injure, deprive of necessary sustenance, food, or drink; or cruelly beat or needlessly mutilate; or cause or procure to be overridden, overdriven, overloaded, tortured, unjustifiably injured, tormented, or deprived of necessary sustenance, food or drink; or to be cruelly beaten or needlessly mutilated or killed, any living creature, every such offender shall, for every offense, be guilty of a misdemeanor.
CREDIT(S)
Amended by Laws 2011, Ch. 536, § 2, eff. from and after passage (approved April 26, 2011).
VALIDITY
<This section was held unconstitutional in Davis v. State (Miss. 2001) 806 So.2d 1098. See Notes of Decisions, post.>
HISTORICAL AND STATUTORY NOTES
The 2011 amendment substituted “Except as otherwise provided in Section 97-41-16 for a dog or cat, if any person shall intentionally or with criminal negligence override” for “If any person shall override”
Section 1 of Laws 2011, Ch. 536 provides, in part:
“(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.’”
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