13-2910 - Cruelty to animals; interference with working or service animal; classification; definitions
CHAPTER 29 - OFFENSES AGAINST PUBLIC ORDER
Title 13 - Criminal Code
13-2910. Cruelty to
animals; interference with working or service animal; classification;
A. A person commits cruelty to animals if the person does any of the
1. Intentionally, knowingly or recklessly subjects any animal
under the person's custody or control to cruel neglect or
2. Intentionally, knowingly or recklessly fails to provide medical
attention necessary to prevent protracted suffering to any animal under
the person's custody or control.
3. Intentionally, knowingly or recklessly inflicts unnecessary
physical injury to any animal.
4. Recklessly subjects any animal to cruel mistreatment.
5. Intentionally, knowingly or recklessly kills any animal under the
custody or control of another person without either legal privilege or
consent of the owner.
6. Recklessly interferes with, kills or harms a working or service
animal without either legal privilege or consent of the owner.
7. Intentionally or knowingly subjects any animal under the
person's custody or control to cruel neglect or abandonment that
results in serious physical injury to the animal.
8. Intentionally or knowingly subjects any animal to cruel
9. Intentionally or knowingly interferes with, kills or harms a
working or service animal without either legal privilege or consent of
B. It is a defense to subsection A of this section if:
1. Any person exposes poison to be taken by a dog which has killed or
wounded livestock or poison to be taken by predatory animals on premises
owned, leased or controlled by the person for the purpose of protecting
the person or the person's livestock or poultry, and the treated
property is kept posted by the person who authorized or performed the
treatment until the poison has been removed, and the poison is removed
by the person exposing the poison after the threat to the person, or the
person's livestock or poultry has ceased to exist. The posting required
shall provide adequate warning to persons who enter the property by the
point or points of normal entry. The warning notice which is posted
shall be readable at a distance of fifty feet, shall contain a poison
statement and symbol and shall state the word "danger" or "warning".
2. Any person uses poisons in and immediately around buildings
owned, leased or controlled by the person for the purpose of
controlling wild and domestic rodents as otherwise allowed by the
laws of the state, excluding any fur-bearing animals as defined in
C. This section does not prohibit or restrict:
1. The taking of wildlife or other activities permitted by or
pursuant to title 17.
2. Activities permitted by or pursuant to title 3.
3. Activities regulated by the Arizona game and fish department or
the Arizona department of agriculture.
D. A person who is convicted of a violation of subsection A, paragraph 6
or 9 is liable as follows:
1. If the working or service animal was killed or disabled, to the
owner or agency that owns the working or service animal and that employs
the handler or to the owner or handler for the replacement and training
costs of the working or service animal and for any veterinary bills.
2. To the owner or agency that owns a working or service animal for
the salary of the handler for the period of time that the handler's
services are lost to the owner or agency.
3. To the owner for the owner's contractual losses with the agency.
E. An incorporated city or town or a county may adopt an ordinance with
misdemeanor provisions at least as stringent as the misdemeanor provisions
of this section.
F. A person who violates subsection A, paragraph 1 through 6 is guilty of
a class 1 misdemeanor. A person who violates subsection A, paragraph 7
through 9 is guilty of a class 6 felony.
G. For the purposes of this section:
1. "Animal" means a mammal, bird, reptile or amphibian.
2. "Cruel mistreatment" means to torture or otherwise inflict
unnecessary serious physical injury upon an animal or to kill an
animal in a manner that causes protracted suffering to the
3. "Cruel neglect" means to fail to provide an animal with
necessary food, water or shelter.
4. "Handler" means a law enforcement officer or any other person who
has successfully completed a course of training prescribed by the
person's agency or the service animal owner and who used a specially
trained animal under the direction of the person's agency or the service
5. "Service animal" means an animal that has completed a formal
training program, that assists its owner in one or more daily living
tasks that are associated with a productive life-style and that is
trained to not pose a danger to the health and safety of the general
6. "Working animal" means a horse or dog that is used by a law
enforcement agency, that is specially trained for law enforcement work
and that is under the control of a handler.