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LAWS OF PENNSYLVANIA RELATING
TO
THE PROTECTION OF ANIMALS FROM CRUELTY
ACT 230 - Title: 18
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PENALTIES
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A summary offense is one that calls for imprisonment
for not more than 90 days. A misdemeanor of the second degree calls for imprisonment of not
more than two years. The maximum fine for a summary offense is $750.00 and the maximum fine
for a misdemeanor of the second degree is $5,000.00.
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SECITON 5511. CRUELTY TO ANIMALS
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| (c) |
CRUELTY TO ANIMALS - A person commits a
summary offense if he wantonly or cruelly ill-treats, overloads, beats or otherwise abuses any
animal, or neglects any animal as to which he has a duty of care, whether belonging to
himself or otherwise, or abandons any animal, or deprives any animal of necessary sustenance,
drink, shelter, or veterinary care, or access to clean and sanitary shelter which will
protect the animal against inclement weather and preserve the animal's body heat and keep
it dry, or keeps or uses, or in any way is connected with, or interested in the management
of, or receives money for the admission of any person to any place kept or used for the
admission of any person to any place kept or used for the purpose of fighting or baiting any
bull, bear, dog, cock or other creature, or encourages, aids or assists therein, or permits
or suffers any place to be so kept or used. This subsection shall not apply to activity
undertaken in normal agricultural operation. |
| (i) |
POWER TO INITIATE CRIMINAL PROCEEDINGS - If an agent of any
society or association for the prevention of cruelty to animals, incorporated under the
laws of the Commonwealth, views a violation of this section, he shall have the same powers
to initiate criminal proceedings provided for police officers by the Pennsylvania Rules of
Criminal Procedure. If an agent of any society or association for the prevention of cruelty
to animals, incorporated under the laws of the Commonwealth, does not view but receives
information concerning a violation of this section which constitutes a summary offense,
he may institute criminal proceedings by filing a citation with the appropriate issuing
authority. The agent shall not issue a summary citation to a defendant unless the violation
is viewed by the agent. |
INTENT IN CRUELTY CASE - While the
act of cruelty must be wanton or cruel to make it a summary offense under the statue relating
to cruelty, all persons are charged with an intent to do that which necessarily follows as the
result of a wanton or cruel act (to animals). If, therefore, the act causing the cruelty is
wanton or cruel, the person committing the act is, in the eyes of the law, GUILTY of
cruelty. Bishop on State Crimes, sec. 1113.
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