PAW Cares Act

Summary: These Missouri statutes comprise the state's anti-cruelty laws. The term "animal" means every living vertebrate except a human being. The provisions of sections 578.005 to 578.023 do not apply to the care or treatment performed by a licensed veterinarian, bona fide scientific experiments, hunting, fishing, or trapping, publicly funded zoological parks, rodeo practices, and several other listed activities as described in 578.007. A person is guilty of animal neglect when he or she has custody or ownership or an animal and fails to provide adequate care, or when that person knowingly abandons an animal in any place without making provisions for its adequate care. Animal neglect and abandonment is a class C misdemeanor upon first conviction with enhancement to a class B misdemeanor for subsequent convictions. A person is guilty of animal abuse when a person intentionally or purposely kills an animal in any manner not allowed by law, purposely or intentionally causes injury or suffering to an animal, or, having ownership or custody of an animal, knowingly fails to provide adequate care or control which results in substantial harm to the animal. Animal abuse is a class A misdemeanor unless the defendant has previously been found guilty of animal abuse or the suffering involved is the result of torture or mutilation consciously inflicted while the animal was alive, in which case it is a class E felony.

578.009. Animal neglect--penalties

1. A person commits the offense of animal neglect if he or she:

(1) Has custody or ownership of an animal and fails to provide adequate care; or

(2) Knowingly abandons an animal in any place without making provisions for its adequate care.

2. The offense of animal neglect is a class C misdemeanor unless the person has previously been found guilty of an offense under this section, or an offense in another jurisdiction which would constitute an offense under this section, in which case it is a class B misdemeanor.

3. All fines and penalties for a first finding of guilt under this section may be waived by the court if the person found guilty of animal neglect shows that adequate, permanent remedies for the neglect have been made. Reasonable costs incurred for the care and maintenance of neglected animals may not be waived. This section shall not apply to the provisions of section 578.007 or chapter 272.

4. In addition to any other penalty imposed by this section, the court may order a person found guilty of animal neglect to pay all reasonable costs and expenses necessary for:

(1) The care and maintenance of neglected animals within the person's custody or ownership;

(2) The disposal of any dead or diseased animals within the person's custody or ownership;

(3) The reduction of resulting organic debris affecting the immediate area of the neglect; and

(4) The avoidance or minimization of any public health risks created by the neglect of the animals.

578.012. Animal abuse--penalties

1. A person commits the offense of animal abuse if he or she:

(1) Intentionally or purposely kills an animal in any manner not allowed by or expressly exempted from the provisions of sections 578.005 to 578.023 and 273.030;
(2) Purposely or intentionally causes injury or suffering to an animal; or
(3) Having ownership or custody of an animal knowingly fails to provide adequate care which results in substantial harm to the animal.

2. Animal abuse is a class A misdemeanor, unless the defendant has previously been found guilty of animal abuse or the suffering involved in subdivision (2) of subsection 1 of this section is the result of torture or mutilation consciously inflicted while the animal was alive, in which case it is a class E felony.

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