PAW Cares Act

Summary: These South Dakota statutes comprise the state's anti-cruelty and animal fighting provisions. "Animal," any mammal, bird, reptile, amphibian, or fish, except humans. "Cruelty” means to intentionally, willfully, and maliciously inflict gross physical abuse on an animal that causes prolonged pain, that causes serious physical injury, or that results in the death of the animal. Any person who subjects an animal to cruelty is guilty of a Class 6 felony. “Neglect,” means to fail to provide food, water, protection from the elements, adequate sanitation, adequate facilities, or care generally considered to be standard and accepted for an animal's health and well-being consistent with the species, breed, physical condition, and type of animal. Any person who neglects an animal is guilty of a Class 1 misdemeanor. Exemptions include regulated scientific experiments using live animals and the destruction of dangerous animals.

Title 40. Animals and Livestock. Chapter 40-1. Cruelty, Abuse and Injury to Animals.

40-1-1. Definition of terms

Terms used in chapters 40-1 and 40-2, mean:

(1) “Abandon,” to give up with the intent of never again regaining one's interests in, or rights to, an animal other than placing ownership with a responsible party;

(2) “Animal,” any mammal, bird, reptile, amphibian, or fish, except humans;

(3) “Board,” the South Dakota Animal Industry Board;

(4) “Cruelty,” to intentionally, willfully, and maliciously inflict gross physical abuse on an animal that causes prolonged pain, that causes serious physical injury, or that results in the death of the animal;

(5) “Dangerous animal,” any animal that, by itself or by environmental circumstances, at the determination of the board, any agent or officer of a humane society, or any law enforcement officer, is a threat to the physical well-being of other owned animals or humans;

(6) “Humane killing,” to cause the death of an animal in a manner to limit the pain or suffering of the animal as much as reasonably possible under the circumstances;

(7) “Impound,” to take physical control and custody of an animal;

(8) “Livestock,” any agricultural or commercial animal owned, bred, or raised for profit, but not including dogs, cats, rabbits, or other household pets;

(9) “Mistreat,” to cause or permit the continuation of unjustifiable physical pain or suffering of an animal;

(10) “Neglect,” to fail to provide food, water, protection from the elements, adequate sanitation, adequate facilities, or care generally considered to be standard and accepted for an animal's health and well-being consistent with the species, breed, physical condition, and type of animal;

(11) “Proper enclosure,” a secure confinement in an enclosed or locked facility suitable to prevent a dangerous animal from escaping and to prevent any physical threat to the well-being of any other animal or human.

Credits
Source: SDC 1939, § 40.2201; SL 1991, ch 331, § 1; SL 2014, ch 194, § 1.

40-1-2, 40-1-2.1. Repealed by SL 1991, ch 331, §§ 10, 11

40-1-2.2. Mistreatment, torture, or cruelty of animals defined- Repealed by SL 2014, ch 194, § 2

40-1-2.3. Neglect, abandonment, or mistreatment of animal--Misdemeanor

No person owning or responsible for the care of an animal may neglect, abandon, or mistreat the animal. A violation of this section is a Class 1 misdemeanor.

Credits
Source: SL 1991, ch 331, § 3; SL 2014, ch 194, § 3.

40-1-2.4. Cruelty to animals--Felony

No person may subject an animal to cruelty. A violation of this section is a Class 6 felony.

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