Revises
penalties for animal cruelty offenses
Governor Christie signed S-1303 into
law as P.L. 2013, c.88. The law, designated as “Patrick’s Law,” increases
criminal and civil penalties for certain animal cruelty offenses. The new law
took effect on August 7, 2013. A copy of the law is attached and is available
on the Judiciary Infonet under Legal Reference/ Legislation Affecting Courts.
Below is a summary of the law.
The
law creates a new standard of “necessary care” defined as “care sufficient to
preserve the health and well-being of an animal, and includes, but is not
limited to: food of sufficient quantity and quality to allow for normal growth
or maintenance of body weight; adequate access to water in sufficient quantity
and quality to satisfy the animal’s needs; access to adequate protection from
the weather; and veterinary care to alleviate suffering and maintain health.”
The law also defines the terms “bodily injury” and “serious bodily injury” as
used in its provisions.
Under the law, a violation of any offense specified subsection a. of the
amended N.J.S.A. 4:22-17 is graded as a disorderly persons offense, except that
such a violation is a crime of the fourth degree if a defendant has a prior
conviction for a subsection a. offense. The disorderly persons penalties for a
conviction of an offense listed in subsection a.(1) or a.(2) remain unchanged.
However, the law increases the disorderly persons penalties for a conviction of
an offense listed in subsection a.(3), inflicting unnecessary cruelty upon a
living animal or creature, and subsection a.(4), failing to provide a living
animal or creature with necessary care. The enhanced penalties for the latter
offenses are a fine of not less than $500 nor more than $2,000, or imprisonment
for a term of not more than six months, or both, in the discretion of the
court. As in the former law, a person who is convicted of a subsection a.
offense is also subject to a term of community service and restitution,
although the new law expands the restitution provision to include replacement
cost of an animal and recovery of the cost of care for the animal by the owner
or other entities
The new law also revises the criminal penalties for a conviction of certain
animal cruelty offenses now enumerated in subsection c. of the amended N.J.S.A.
4:22-17. Specifically, it is a crime to knowingly, or recklessly torment,
torture, maim, hang, poison, unnecessarily or cruelly beat, cruelly abuse, or
needlessly mutilate a living animal or creature; to cause bodily injury to a
living animal or creature by failing to provide the living animal or creature
with necessary care; or to cause or procure either of these acts. Subsection d.
of the amended N.J.S.A. 4:22-17 grades a violation of these offenses as a crime
of the fourth degree, except that such violation is a crime of the third degree
if the animal or creature dies or suffers serious bodily injury as a result of
the violation, or the person has a prior conviction for any offense in
subsection c. of the amended N.J.S.A. 4:22-17. A person convicted of an offense
in subsection c. is also subject to a term of community service and restitution
as provided in the law.
The new law also revises and supplements N.J.S.A. 4:22-26 which establishes
civil penalties for certain animal cruelty offenses. Two new offenses are added
to subsection a. of the amended N.J.S.A. 4:22-26. Specifically, under
subsection a.(4), to fail, as the owner or a person otherwise charged with the
care of a living animal or creature, to provide the living animal or creature
with necessary care, or otherwise cause or procure such an act to be done, and,
under subsection a.(5), to cause bodily injury to a living animal or creature
from the commission of an act described in subsection a.(4). Under the law, a
violation of subsection a.(4), failure to provide necessary care, is subject to
a civil penalty of not less than $500 nor more than $2,000. For a first
violation of subsection a.(5), failure to provide necessary care resulting in
bodily injury to an animal, the law provides for a civil penalty of not less
than $1,000 nor more than $3,000. For a second or subsequent violation of
subsection a.(5), the civil penalty is an amount not less than $3,000 nor more
than $5,000.
Finally, the law increases the civil penalty for a violation of subsection
c. of the amended N.J.S.A. 4:22-26. Under the new law, a person who is found
guilty of inflicting unnecessary cruelty upon a living animal or creature as
provided in subsection c. is subject to a civil penalty of not less than $500
nor more than $2,000.
P.L.
2013, c. 88
Approved
August 7, 2013
[Fourth Reprint]
SENATE, No. 1303
STATE
OF NEW JERSEY
215th LEGISLATURE
INTRODUCED JANUARY 30, 2012
Sponsored by:
Senator THOMAS H. KEAN, JR., District 21 (Morris, Somerset and Union)
Senator RICHARD J. CODEY, District 27 (Essex and Morris)
Assemblywoman NANCY F. MUNOZ, District 21 (Morris, Somerset and Union)
Assemblyman JOHN J. BURZICHELL, District 3 (Cumberland, Gloucester and
Salem)
Assemblywoman L. GRACE SPENCER, District 29 (Essex)
Assemblyman ANGEL FUENTES, District 5 (Camden and Gloucester)
Assemblyman JOHN F. MCKEON, District 27 (Essex and Morris)
Co-Sponsored by: Senators Bateman, Pennacchio, A.R.Bucco, Lesniak,
Greenstein, Holzapfel, Stack, Addiego, Gordon, Assemblymen Wolfe, McGuckin,
Rudder, C.J.Brown, Assemblywoman Jimenez, Assemblyman Eustace, Assemblywomen
Jasey, Wagner, Senator Allen, Assemblymen Rumana, Benson and Senator Cunningham
SYNOPSIS
Revises penalties for animal cruelty, increasing degree of certain
offenses; designated as Patrick’s Law.
CURRENT VERSION OF TEXT
As amended by the General Assembly on February 21, 2013.
AN ACT concerning animal cruelty and designated as “Patrick’s
Law,” 3[and]3 4and4 amending 2R.S.4:22-15,2 R.S.4:22-17
2,2 and R.S.4:22-26 4[3, and supplementing chapter 22 of
Title 4 of the Revised Statutes3]4.
BE IT ENACTED by the Senate and General Assembly
of the State of New Jersey:
21. R.S.4:22-15 is amended to read as follows:
4:22-15. As used in this article:
"Animal" or "creature" includes the whole brute
creation.
4[3“Domestic
companion animal” means any animal commonly referred to as a pet or one that
has been bought, bred, raised or otherwise acquired, in accordance with local
ordinances and State and federal law, for the primary purpose of providing
companionship to the owner, rather than for business or agricultural purposes.3]
"Bodily injury" means physical pain, illness or any impairment of
physical condition.4Page 2 of 14
"Necessary care" means care sufficient to preserve the health and
well-being of an animal, and includes, but is not limited to: food of
sufficient quantity and quality to allow for normal growth or maintenance of
body weight; adequate access to water in sufficient quantity and quality to
satisfy the animal’s needs; access to adequate protection from the weather; and
veterinary care to alleviate suffering and maintain health.
"Owner" or "person" includes a corporation, and the
knowledge and acts of an agent or employee of a corporation in regard to
animals transported, owned, employed, or in the custody of the corporation
shall be imputed to the corporation.2
4"Serious bodily injury" means bodily injury
which creates a substantial risk of death or which causes serious, permanent
disfigurement, or protracted loss or impairment of the function of any bodily
member or organ.4
(cf: R.S.4:22-15)
4[32. (New section) The provisions of R.S.4:22-17 and
R.S.4:22-26 shall not apply to an animal which is domestic livestock subject to
the provisions of P.L.1995, c.311 (C.4:22-16.1) or the standards, rules, or
regulations developed and adopted pursuant thereto, except if the animal is a
domestic companion animal.3]4
2[1.] 3[2.2] 4[3.3 R.S.4:22-17 is
amended to read as follows:
4:22-17. a. 1[A person who shall] It shall be unlawful to1
:
(1) Overdrive, overload, drive when overloaded, or overwork [,] [deprive
of necessary sustenance, abuse, or needlessly kill] a living animal or
creature;
(2) Cause or procure, by any direct or indirect means, including but not
limited to through the use of another living animal or creature, any such acts
to be done; or
(3) Inflict unnecessary cruelty upon a living animal or creature, by any
direct or indirect means, including but not limited to through the use of
another living animal or creature; or 2[unnecessarily fail to provide a
living animal or creature of which the person has charge either as an owner or
otherwise with proper food, drink, shelter or protection from the weather; or]2
leave it unattended in a vehicle under inhumane conditions adverse to the
health or welfare of the living animal or creature 1[--] .1
1[Shall] b. (1) A person who violates subsection
a. of this section shall1 be guilty of a disorderly persons offense [,
and notwithstanding] . Notwithstanding the provisions of N.J.S.2C:43-3
to the contrary, for every [such] conviction of an offense
pursuant to paragraph (1) or (2) of 1[this]1 subsection 1a.
of this section1 , the person shall be fined not less than $250 nor more
than $1,000, or be imprisoned for a term of not more than six months, or both,
in the discretion of the court; and for every conviction of an offense pursuant
to paragraph (3) of 1[this]1 subsection 1a. of this
section1 , the person shall be fined not less than $500 nor more than
$2,000, or be imprisoned for a term of not more than six months, or both, in
the discretion of the court.
1(2)1 If an animal 2[is needlessly killed
or]2 dies as a result of a violation of 1[this]1 subsection
1a. of this section1 , 1[or the person has a prior
conviction for a violation of this subsection,]1 the person 2who
violates 3[the] that3 subsection2 shall be guilty
of a crime of the fourth degree.
1(3) If the person 2who violates subsection a.
of this section2 has a prior conviction for 2an offense that
would constitute2 a violation of subsection a. of this section, the
person shall be guilty of a crime of the fourth degree.
(4)1 A 1[violator of this subsection] person who
violates 3[2this subsection or2]3 subsection a. 2[or b.]2
of this section1 shall also be subject to the provisions of
subsection 1[c.] d.1 and, if appropriate, subsection 1[d.]
e.1 of this section. Page 3 of 14
1[b. A person who shall] c. It shall be unlawful
to1 purposely, knowingly, or recklessly:
(1) Torment, torture, maim, hang, poison, unnecessarily or cruelly beat, [or]
needlessly mutilate, deprive of necessary 2[sustenance] care2
, or abuse a living animal or creature; 2[or]2
(2) Cause or procure, by any direct or indirect means, including but not
limited to through the use of another living animal or creature, any such acts
to be done 1[--] 2[.1]; or
(3) Needlessly kill a living animal or creature.2
1[Shall] A person who violates this subsection
shall1 be guilty of a crime of the fourth degree.
If the animal or creature is cruelly killed 3as a result of a
violation of this subsection,3 or dies as a result of a violation of 3paragraph
(1) or (2) of3 this subsection, or 2if2 the person 2who
violates this subsection2 has a prior conviction for 2an offense
that would constitute2 a violation of this subsection, the person shall
be guilty of a crime of the third degree.
2[1(3)1]2 A 1[violator of] person
who violates1 this subsection shall also be subject to the provisions of
subsection 1[c.] d.1 and, if appropriate, subsection 1[d.]
e.1 of this section.
1[c.] d.1 For a violation of subsection a.
1[or] 3[,1 b. 1,]3 or c.1 of this
section, in addition to imposing any other appropriate penalties established
for a crime of the third degree, crime of the fourth degree, or disorderly
persons offense, as the case may be, pursuant to Title 2C of the New Jersey
Statutes, the court shall impose a term of community service of up to 30 days,
and may direct that the term of community service be served in providing
assistance to the New Jersey Society for the Prevention of Cruelty to Animals,
a 2[district (county)] county2 society for the prevention
of cruelty to animals, or any other recognized organization concerned with the
prevention of cruelty to animals or the humane treatment and care of animals,
or to a municipality's animal control or animal population control program. The
court also [may] shall require the violator to pay restitution,
including but not limited to, the monetary cost of replacing the animal if it
died or had to be euthanized because of the extent of its injuries, or
otherwise reimburse any costs for food, drink, shelter, or veterinary care or
treatment, or other costs, incurred by the owner of the animal, if the owner is
not the person committing the act of cruelty, or incurred by any agency,
entity, or organization investigating the violation, including but not limited
to the New Jersey Society for the Prevention of Cruelty to Animals, a 2[district
(county)] county2 society for the prevention of cruelty to
animals, any other recognized organization concerned with the prevention of
cruelty to animals or the humane treatment and care of animals, [or] a
local or State governmental entity, or a kennel, shelter, pound, or other
facility providing for the shelter and care of the animal or animals involved
in the violation.
1[d.] e.1 If a juvenile is adjudicated
delinquent for an act which, if committed by an adult, would constitute a
disorderly persons offense 3[, 1or a crime of the fourth degree1
pursuant to subsection a. 2or b.2 of this section or a crime
of the third degree or],3 2crime of the fourth degree 3,
or crime of the third degree3 pursuant to 3[subsection 1[b.]
c.1 of]3 this section, the court also shall order the
juvenile to receive mental health counseling by a licensed psychologist or
therapist named by the court for a period of time to be prescribed by the
licensed psychologist or therapist.
(cf: P.L.2005, c.105, s.1)]4
2[2. R.S.4:22-26 is amended to read as follows:
4:22-26. A person who shall:
a. (1) Overdrive, overload, drive when overloaded, or overwork [,
deprive of necessary sustenance, abuse, or needlessly kill] a living
animal or creature, or cause or procure, by any Page 4 of 14
direct or indirect means, including but not limited to through the use of
another living animal or creature, any such acts to be done;
(2) Torment, torture, maim, hang, poison, unnecessarily or cruelly beat, or
needlessly mutilate, deprive of necessary sustenance, or abuse a living animal
or creature, or cause or procure, by any direct or indirect means, including
but not limited to through the use of another living animal or creature, any
such acts to be done;
(3) Cruelly kill, or cause or procure, by any direct or indirect means,
including but not limited to through the use of another living animal or
creature, the cruel killing of, a living animal or creature, or otherwise cause
or procure, by any direct or indirect means, including but not limited to through
the use of another living animal or creature, the death of a living animal or
creature from commission of any act described in paragraph (2) of this
subsection;
(4) Needlessly kill a living animal or creature, or cause or procure, by
any direct or indirect means, including but not limited to through the use of
another living animal or creature, the death of a living animal or creature as
a result of the commission of any act described in paragraph (1) of this
subsection or subsection c. of this section;
b. (Deleted by amendment, P.L.2003, c.232).
c. Inflict unnecessary cruelty upon a living animal or creature, by any
direct or indirect means, including but not limited to through the use of
another living animal or creature; or unnecessarily fail to provide a living
animal or creature of which the person has charge either as an owner or
otherwise with proper food, drink, shelter or protection from the weather; or
leave it unattended in a vehicle under inhumane conditions adverse to the
health or welfare of the living animal or creature;
d. Receive or offer for sale a horse that is suffering from abuse or
neglect, or which by reason of disability, disease, abuse or lameness, or any
other cause, could not be worked, ridden or otherwise used for show, exhibition
or recreational purposes, or kept as a domestic pet without violating the
provisions of this article;
e. Keep, use, be connected with or interested in the management of, or
receive money or other consideration for the admission of a person to, a place
kept or used for the purpose of fighting or baiting a living animal or
creature;
f. Be present and witness, pay admission to, encourage, aid or assist in an
activity enumerated in subsection e. of this section;
g. Permit or suffer a place owned or controlled by him to be used as
provided in subsection e. of this section;
h. Carry, or cause to be carried, a living animal or creature in or upon a
vehicle or otherwise, in a cruel or inhumane manner;
i. Use a dog or dogs for the purpose of drawing or helping to draw a
vehicle for business purposes;
j. Impound or confine or cause to be impounded or confined in a pound or
other place a living animal or creature, and shall fail to supply it during
such confinement with a sufficient quantity of good and wholesome food and
water;
k. Abandon a maimed, sick, infirm or disabled animal or creature to die in
a public place;
l. Willfully sell, or offer to sell, use, expose, or cause or permit to be
sold or offered for sale, used or exposed, a horse or other animal having the
disease known as glanders or farcy, or other contagious or infectious disease
dangerous to the health or life of human beings or animals, or who shall, when
any such disease is beyond recovery, refuse, upon demand, to deprive the animal
of life;
m. Own, operate, manage or conduct a roadside stand or market for the sale
of merchandise along a public street or highway; or a shopping mall, or a part
of the premises Page 5 of 14
thereof; and keep a living animal or creature confined, or allowed to roam
in an area whether or not the area is enclosed, on these premises as an
exhibit; except that this subsection shall not be applicable to: a pet shop
licensed pursuant to P.L.1941, c.151 (C.4:19-15.1 et seq.); a person who keeps
an animal, in a humane manner, for the purpose of the protection of the
premises; or a recognized breeders' association, a 4-H club, an educational
agricultural program, an equestrian team, a humane society or other similar
charitable or nonprofit organization conducting an exhibition, show or
performance;
n. Keep or exhibit a wild animal at a roadside stand or market located
along a public street or highway of this State; a gasoline station; or a
shopping mall, or a part of the premises thereof;
o. Sell, offer for sale, barter or give away or display live baby chicks,
ducklings or other fowl or rabbits, turtles or chameleons which have been dyed
or artificially colored or otherwise treated so as to impart to them an
artificial color;
p. Use any animal, reptile, or fowl for the purpose of soliciting any alms,
collections, contributions, subscriptions, donations, or payment of money
except in connection with exhibitions, shows or performances conducted in a
bona fide manner by recognized breeders' associations, 4-H clubs or other
similar bona fide organizations;
q. Sell or offer for sale, barter, or give away living rabbits, turtles,
baby chicks, ducklings or other fowl under two months of age, for use as
household or domestic pets;
r. Sell, offer for sale, barter or give away living baby chicks, ducklings
or other fowl, or rabbits, turtles or chameleons under two months of age for
any purpose not prohibited by subsection q. of this section and who shall fail
to provide proper facilities for the care of such animals;
s. Artificially mark sheep or cattle, or cause them to be marked, by
cropping or cutting off both ears, cropping or cutting either ear more than one
inch from the tip end thereof, or half cropping or cutting both ears or either
ear more than one inch from the tip end thereof, or who shall have or keep in
the person's possession sheep or cattle, which the person claims to own, marked
contrary to this subsection unless they were bought in market or of a stranger;
t. Abandon a domesticated animal;
u. For amusement or gain, cause, allow, or permit the fighting or baiting
of a living animal or creature;
v. Own, possess, keep, train, promote, purchase, or knowingly sell a living
animal or creature for the purpose of fighting or baiting that animal or
creature;
w. Gamble on the outcome of a fight involving a living animal or creature;
x. Knowingly sell or barter or offer for sale or barter, at wholesale or
retail, the fur or hair of a domestic dog or cat or any product made in whole
or in part from the fur or hair of a domestic dog or cat, unless such fur or
hair for sale or barter is from a commercial grooming establishment or a
veterinary office or clinic or is for use for scientific research;
y. Knowingly sell or barter or offer for sale or barter, at wholesale or
retail, for human consumption, the flesh of a domestic dog or cat or any
product made in whole or in part from the flesh of a domestic dog or cat;
z. Surgically debark or silence a dog in violation of section 1 or 2 of
P.L.2002, c.102 (C.4:19-38 or C.4:19-39);
aa. Use a live pigeon, fowl or other bird for the purpose of a target, or
to be shot at either for amusement or as a test of skill in marksmanship,
except that this subsection and subsections bb. and cc. shall not apply to the
shooting of game;
bb. Shoot at a bird used as described in subsection aa. of this section, or
is a party to such shooting; or Page 6 of 14
cc. Lease a building, room, field or premises, or knowingly permit the use
thereof for the purposes of subsection aa. or bb. of this section --
Shall forfeit and pay a sum according to the following schedule, to be sued
for and recovered, with costs, in a civil action by any person in the name of
the New Jersey Society for the Prevention of Cruelty to Animals or a county
society for the prevention of cruelty to animals, as appropriate, or, in the
name of the municipality if brought by a certified animal control officer or
animal cruelty investigator:
For a violation of subsection e., f., g., u., v., w., or z. of this section
or of paragraph (3) of subsection a. of this section, or for a second or
subsequent violation of paragraph (2) of subsection a. of this section, a sum
of not less than $3,000 nor more than $5,000;
For a violation of subsection l. of this section [or] for a
first violation of paragraph (2) of subsection a. of this section, or for a
violation of paragraph (4) of subsection a. of this section, a sum of not less
than $1,000 nor more than $3,000;
For a violation of subsection c. of this section, a sum of not less than
$500 nor more than $2,000;
For a violation of subsection x. or y. of this section, a sum of not less
than $500 nor more than $1,000 for each domestic dog or cat fur or fur or hair
product or domestic dog or cat carcass or meat product;
For a violation of subsection t. of this section, a sum of not less than
$500 nor more than $1,000, but if the violation occurs on or near a highway, a
mandatory sum of $1,000;
For a violation of subsection [c.,] d., h., j., k., aa., bb.,
or cc. of this section or of paragraph (1) of subsection a. of this section, a
sum of not less than $250 nor more than $1,000; and
For a violation of subsection i., m., n., o., p., q., r., or s. of this
section, a sum of not less than $250 nor more than $500.
(cf: P.L.2005, c.372, s.16)]2
3[23.] 4[4.3 R.S.4:22-26 is amended to read
as follows:
4:22-26. A person who shall:
a. (1) Overdrive, overload, drive when overloaded, or overwork [,
deprive of necessary sustenance, abuse, or needlessly kill] a living
animal or creature, or cause or procure, by any direct or indirect means,
including but not limited to through the use of another living animal or
creature, any such acts to be done;
(2) Torment, torture, maim, hang, poison, unnecessarily or cruelly beat, [or]
needlessly mutilate , deprive of necessary care, or abuse a living animal
or creature, or cause or procure, by any direct or indirect means, including
but not limited to through the use of another living animal or creature, any
such acts to be done;
(3) Cruelly kill, or cause or procure, by any direct or indirect means,
including but not limited to through the use of another living animal or
creature, the cruel killing of, a living animal or creature, or otherwise cause
or procure, by any direct or indirect means, including but not limited to
through the use of another living animal or creature, the death of a living
animal or creature from commission of any act described in paragraph (2) of
this subsection;
(4) Needlessly kill a living animal or creature;
b. (Deleted by amendment, P.L.2003, c.232).
c. Inflict unnecessary cruelty upon a living animal or creature, by any direct
or indirect means, including but not limited to through the use of another
living animal or creature; or [unnecessarily fail to provide a living
animal or creature of which the person has charge either as an owner or
otherwise with proper food, drink, shelter or protection from the Page
7 of 14
weather; or] leave it unattended in a vehicle under inhumane
conditions adverse to the health or welfare of the living animal or creature;
d. Receive or offer for sale a horse that is suffering from abuse or neglect,
or which by reason of disability, disease, abuse or lameness, or any other
cause, could not be worked, ridden or otherwise used for show, exhibition or
recreational purposes, or kept as a domestic pet without violating the
provisions of this article;
e. Keep, use, be connected with or interested in the management of, or
receive money or other consideration for the admission of a person to, a place
kept or used for the purpose of fighting or baiting a living animal or
creature;
f. Be present and witness, pay admission to, encourage, aid or assist in an
activity enumerated in subsection e. of this section;
g. Permit or suffer a place owned or controlled by him to be used as
provided in subsection e. of this section;
h. Carry, or cause to be carried, a living animal or creature in or upon a
vehicle or otherwise, in a cruel or inhumane manner;
i. Use a dog or dogs for the purpose of drawing or helping to draw a
vehicle for business purposes;
j. Impound or confine or cause to be impounded or confined in a pound or
other place a living animal or creature, and shall fail to supply it during
such confinement with a sufficient quantity of good and wholesome food and
water;
k. Abandon a maimed, sick, infirm or disabled animal or creature to die in
a public place;
l. Willfully sell, or offer to sell, use, expose, or cause or permit to be
sold or offered for sale, used or exposed, a horse or other animal having the
disease known as glanders or farcy, or other contagious or infectious disease
dangerous to the health or life of human beings or animals, or who shall, when
any such disease is beyond recovery, refuse, upon demand, to deprive the animal
of life;
m. Own, operate, manage or conduct a roadside stand or market for the sale
of merchandise along a public street or highway; or a shopping mall, or a part
of the premises thereof; and keep a living animal or creature confined, or
allowed to roam in an area whether or not the area is enclosed, on these
premises as an exhibit; except that this subsection shall not be applicable to:
a pet shop licensed pursuant to P.L.1941, c.151 (C.4:19-15.1 et seq.); a person
who keeps an animal, in a humane manner, for the purpose of the protection of
the premises; or a recognized breeders' association, a 4-H club, an educational
agricultural program, an equestrian team, a humane society or other similar
charitable or nonprofit organization conducting an exhibition, show or
performance;
n. Keep or exhibit a wild animal at a roadside stand or market located
along a public street or highway of this State; a gasoline station; or a
shopping mall, or a part of the premises thereof;
o. Sell, offer for sale, barter or give away or display live baby chicks,
ducklings or other fowl or rabbits, turtles or chameleons which have been dyed
or artificially colored or otherwise treated so as to impart to them an
artificial color;
p. Use any animal, reptile, or fowl for the purpose of soliciting any alms,
collections, contributions, subscriptions, donations, or payment of money
except in connection with exhibitions, shows or performances conducted in a
bona fide manner by recognized breeders' associations, 4-H clubs or other
similar bona fide organizations;
q. Sell or offer for sale, barter, or give away living rabbits, turtles,
baby chicks, ducklings or other fowl under two months of age, for use as
household or domestic pets; Page 8 of 14
r. Sell, offer for sale, barter or give away living baby chicks, ducklings
or other fowl, or rabbits, turtles or chameleons under two months of age for
any purpose not prohibited by subsection q. of this section and who shall fail
to provide proper facilities for the care of such animals;
s. Artificially mark sheep or cattle, or cause them to be marked, by
cropping or cutting off both ears, cropping or cutting either ear more than one
inch from the tip end thereof, or half cropping or cutting both ears or either
ear more than one inch from the tip end thereof, or who shall have or keep in
the person's possession sheep or cattle, which the person claims to own, marked
contrary to this subsection unless they were bought in market or of a stranger;
t. Abandon a domesticated animal;
u. For amusement or gain, cause, allow, or permit the fighting or baiting
of a living animal or creature;
v. Own, possess, keep, train, promote, purchase, or knowingly sell a living
animal or creature for the purpose of fighting or baiting that animal or
creature;
w. Gamble on the outcome of a fight involving a living animal or creature;
x. Knowingly sell or barter or offer for sale or barter, at wholesale or
retail, the fur or hair of a domestic dog or cat or any product made in whole
or in part from the fur or hair of a domestic dog or cat, unless such fur or
hair for sale or barter is from a commercial grooming establishment or a
veterinary office or clinic or is for use for scientific research;
y. (1) Knowingly sell or barter, or offer for sale or barter, at wholesale
or retail, for human consumption, the flesh of a domestic dog or cat, or any
product made in whole or in part from the flesh of a domestic dog or cat;
(2) Knowingly slaughter a horse for human consumption;
(3) Knowingly sell or barter, or offer for sale or barter, at wholesale or
retail, for human consumption, the flesh of a horse, or any product made in
whole or in part from the flesh of a horse, or knowingly accept or publish
newspaper advertising that includes the offering for sale, trade, or
distribution of any such item for human consumption;
(4) Knowingly transport a horse for the purpose of slaughter for human
consumption;
(5) Knowingly transport horsemeat, or any product made in whole or in part
from the flesh of a horse, for the purpose of human consumption;
z. Surgically debark or silence a dog in violation of section 1 or 2 of
P.L.2002, c.102 (C.4:19-38 or C.4:19-39);
aa. Use a live pigeon, fowl or other bird for the purpose of a target, or
to be shot at either for amusement or as a test of skill in marksmanship,
except that this subsection and subsections bb. and cc. shall not apply to the
shooting of game;
bb. Shoot at a bird used as described in subsection aa. of this section, or
is a party to such shooting; or
cc. Lease a building, room, field or premises, or knowingly permit the use
thereof for the purposes of subsection aa. or bb. of this section --
Shall forfeit and pay a sum according to the following schedule, to be sued
for and recovered, with costs, in a civil action by any person in the name of
the New Jersey Society for the Prevention of Cruelty to Animals or a county
society for the prevention of cruelty to animals, as appropriate, or, in the
name of the municipality if brought by a certified animal control officer or
animal cruelty investigator:
For a violation of subsection e., f., g., u., v., w., or z. of this section
or of paragraph (3) of subsection a. of this section, or for a second or
subsequent violation of paragraph (2) of subsection a. of this section, a sum
of not less than $3,000 nor more than $5,000;Page 9 of 14
For a violation of subsection l. of this section [or], for a
first violation of paragraph (2) of subsection a. of this section, or for a
violation of paragraph (4) of subsection a. of this section, a sum of not less
than $1,000 nor more than $3,000;
For a violation of subsection c. of this section, a sum of not less than
$500 nor more than $2,000;
For a violation of subsection x. or paragraph (1) of subsection y. of this
section, a sum of not less than $500 nor more than $1,000 for each domestic dog
or cat fur or fur or hair product or domestic dog or cat carcass or meat
product sold, bartered, or offered for sale or barter;
For a violation of paragraph (2), (3), (4), or (5) of subsection y. of this
section, a sum of not less than $500 nor more than $1,000 for each horse
slaughtered or transported for the purpose of slaughter for human consumption,
or for each horse carcass or meat product transported, sold or bartered, or
offered or advertised for sale or barter;
For a violation of subsection t. of this section, a sum of not less than
$500 nor more than $1,000, but if the violation occurs on or near a highway, a
mandatory sum of $1,000;
For a violation of subsection [c.,] d., h., j., k., aa., bb.,
or cc. of this section or of paragraph (1) of subsection a. of this section, a
sum of not less than $250 nor more than $1,000; and
For a violation of subsection i., m., n., o., p., q., r., or s. of this
section, a sum of not less than $250 nor more than $500.2
(cf: P.L.2012, c.52, s.2, Advance Law 9/19/2012)]4
42. R.S.4:22-17 is amended to read as follows:
4:22-17. a. [A person who shall] It shall be unlawful to:
(1) Overdrive, overload, drive when overloaded, overwork [, deprive
of necessary sustenance] , abuse, or needlessly kill a living animal or
creature;
(2) Cause or procure, by any direct or indirect means, including but not
limited to through the use of another living animal or creature, any [such]
of the acts described in paragraph (1) of this subsection to be done; [or]
(3) Inflict unnecessary cruelty upon a living animal or creature, by any
direct or indirect means, including but not limited to through the use of another
living animal or creature; or [unnecessarily fail to provide a living
animal or creature of which the person has charge either as an owner or
otherwise with proper food, drink, shelter or protection from the weather; or]
leave [it] the living animal or creature unattended in a
vehicle under inhumane conditions adverse to the health or welfare of the
living animal or creature [--
Shall] ; or
(4) Fail, as the owner or as a person otherwise charged with the care of a
living animal or creature, to provide the living animal or creature with
necessary care.
b. (1) A person who violates subsection a. of this section shall be guilty
of a disorderly persons offense [, and notwithstanding] .
Notwithstanding the provisions of N.J.S.2C:43-3 to the contrary, for every [such]
conviction of an offense pursuant to paragraph (1) or (2) of subsection a.
of this section, the person shall be fined not less than $250 nor more than
$1,000, or be imprisoned for a term of not more than six months, or both, in
the discretion of the court; and for every conviction of an offense pursuant to
paragraph (3) or (4) of subsection a. of this section, the person shall be
fined not less than $500 nor more than $2,000, or be imprisoned for a term of
not more than six months, or both, in the discretion of the court.
Page 10 of 14
(2) If the person who violates subsection a. of this section has a prior
conviction for an offense that would constitute a violation of subsection a. of
this section, the person shall be guilty of a crime of the fourth degree.
(3) A [violator of this subsection] person who violates
subsection a. of this section shall also be subject to the provisions of [subsection
c.] subsections e. and f. and, if appropriate, subsection [d.]
g., of this section.
[b. A person who shall] c. It shall be unlawful
to purposely, knowingly, or recklessly:
(1) Torment, torture, maim, hang, poison, unnecessarily or cruelly beat,
cruelly abuse, or needlessly mutilate a living animal or creature; [or]
(2) Cause bodily injury to a living animal or creature by failing to
provide the living animal or creature with necessary care, whether as the owner
or as a person otherwise charged with the care of the living animal or
creature; or
(3) Cause or procure an act described in paragraph (1) or (2) of this
subsection to be done, by any direct or indirect means, including but not
limited to through the use of another living animal or creature [, any
such acts to be done --
Shall] .
d. (1) A person who violates paragraph (1), (2), or (3) of subsection c. of
this section shall be guilty of a crime of the fourth degree [.
If] , except that the person shall be guilty of a crime of the third
degree if:
(a) the animal or creature [is cruelly killed or] dies as a
result of [a] the violation [of this subsection, or] ;
(b) the animal or creature suffers serious bodily injury as a result of the
violation; or
(c) the person has a prior conviction for an offense that would constitute
a violation of [this] paragraph (1), (2), or (3) of subsection [,
the person shall be guilty of a crime of the third degree] c. of this
section.
(2) A [violator of this] person who violates any provision of
subsection c. of this section shall also be subject to the provisions of [subsection
c.] subsections e. and f. and, if appropriate, subsection [d.]
g., of this section.
[c.] e. For a violation of [subsection a.
or b. of] this section, in addition to imposing any other appropriate
penalties established for a crime of the third degree, crime of the fourth
degree, or disorderly persons offense, as the case may be, pursuant to Title 2C
of the New Jersey Statutes, the court shall impose a term of community service
of up to 30 days, and may direct that the term of community service be served
in providing assistance to the New Jersey Society for the Prevention of Cruelty
to Animals, a [district (county)] county society for the prevention
of cruelty to animals, or any other recognized organization concerned with the
prevention of cruelty to animals or the humane treatment and care of animals,
or to a municipality's animal control or animal population control program.
f. The court also [may] shall require [the] any
violator of this section to pay restitution, including but not limited to, the
monetary cost of replacing the animal if the animal died or had to be
euthanized because of the extent of the animal’s injuries, or otherwise reimburse
any costs for food, drink, shelter, or veterinary care or treatment, or other
costs, incurred by the owner of the animal, if the owner is not the person
committing the act of cruelty, or incurred by any agency, entity, or
organization investigating the violation, including but not limited to the New
Jersey Society for the Prevention of Cruelty to Animals, a [district
(county)] county society for the prevention of cruelty to animals, any
other recognized organization concerned with the prevention of cruelty to
animals or the humane treatment and care of animals, [or] a local
or State governmental entity, or a kennel, shelter, pound, or other facility
providing for the shelter and care of the animal or animals involved in the violation.
Page 11 of 14
[d.] g. If a juvenile is adjudicated delinquent
for an act which, if committed by an adult, would constitute a disorderly
persons offense [pursuant to subsection a. of this section or a crime of
the third degree or] , crime of the fourth degree , or crime of the
third degree pursuant to [subsection b. of] this section, the
court also shall order the juvenile to receive mental health counseling by a
licensed psychologist or therapist named by the court for a period of time to
be prescribed by the licensed psychologist or therapist.4
(cf: P.L.2005, c.105, s.1)
43. R.S.4:22-26 is amended to read as follows:
4:22-26. A person who shall:
a. (1) Overdrive, overload, drive when overloaded, overwork [,
deprive of necessary sustenance,] abuse, or needlessly kill a living
animal or creature, or cause or procure, by any direct or indirect means,
including but not limited to through the use of another living animal or
creature, any such acts to be done;
(2) Torment, torture, maim, hang, poison, unnecessarily or cruelly beat, [or]
cruelly abuse, or needlessly mutilate a living animal or creature, or cause
or procure, by any direct or indirect means, including but not limited to
through the use of another living animal or creature, any such acts to be done;
(3) [Cruelly kill, or cause or procure,] Cause the death of,
or serious bodily injury to, a living animal or creature from commission of any
act described in paragraph (2), (4), (5), or (6) of this subsection,
by any direct or indirect means, including but not limited to through the
use of another living animal or creature, [the cruel killing of, a
living animal or creature,] or otherwise cause or procure [, by
any direct or indirect means, including but not limited to through the use of
another living animal or creature, the death of a living animal or creature
from commission of any act described in paragraph (2) of this subsection] any
such acts to be done;
(4) Fail, as the owner or a person otherwise charged with the care of a
living animal or creature, to provide the living animal or creature with
necessary care, or otherwise cause or procure such an act to be done; or
(5) Cause bodily injury to a living animal or creature from commission of
the act described in paragraph (4) of this subsection;
b. (Deleted by amendment, P.L.2003, c.232)[.]
c. Inflict unnecessary cruelty upon a living animal or creature, by any
direct or indirect means, including but not limited to through the use of
another living animal or creature; or [unnecessarily fail to provide a living
animal or creature of which the person has charge either as an owner or
otherwise with proper food, drink, shelter or protection from the weather; or]
leave [it] the living animal or creature unattended in a
vehicle under inhumane conditions adverse to the health or welfare of the
living animal or creature;
d. Receive or offer for sale a horse that is suffering from abuse or
neglect, or which by reason of disability, disease, abuse or lameness, or any
other cause, could not be worked, ridden or otherwise used for show, exhibition
or recreational purposes, or kept as a domestic pet without violating the
provisions of this article;
e. Keep, use, be connected with or interested in the management of, or
receive money or other consideration for the admission of a person to, a place
kept or used for the purpose of fighting or baiting a living animal or
creature;
f. Be present and witness, pay admission to, encourage, aid or assist in an
activity enumerated in subsection e. of this section;
g. Permit or suffer a place owned or controlled by him to be used as
provided in subsection e. of this section; Page 12 of 14
h. Carry, or cause to be carried, a living animal or creature in or upon a
vehicle or otherwise, in a cruel or inhumane manner;
i. Use a dog or dogs for the purpose of drawing or helping to draw a
vehicle for business purposes;
j. Impound or confine or cause to be impounded or confined in a pound or
other place a living animal or creature, and shall fail to supply [it]
the living animal or creature during such confinement with a sufficient
quantity of good and wholesome food and water;
k. Abandon a maimed, sick, infirm or disabled animal or creature to die in
a public place;
l. Willfully sell, or offer to sell, use, expose, or cause or permit to be
sold or offered for sale, used or exposed, a horse or other animal having the
disease known as glanders or farcy, or other contagious or infectious disease
dangerous to the health or life of human beings or animals, or who shall, when
any such disease is beyond recovery, refuse, upon demand, to deprive the animal
of life;
m. Own, operate, manage or conduct a roadside stand or market for the sale
of merchandise along a public street or highway; or a shopping mall, or a part
of the premises thereof; and keep a living animal or creature confined, or
allowed to roam in an area whether or not the area is enclosed, on these
premises as an exhibit; except that this subsection shall not be applicable to:
a pet shop licensed pursuant to P.L.1941, c.151 (C.4:19-15.1 et seq.); a person
who keeps an animal, in a humane manner, for the purpose of the protection of
the premises; or a recognized breeders' association, a 4-H club, an educational
agricultural program, an equestrian team, a humane society or other similar
charitable or nonprofit organization conducting an exhibition, show or
performance;
n. Keep or exhibit a wild animal at a roadside stand or market located
along a public street or highway of this State; a gasoline station; or a
shopping mall, or a part of the premises thereof;
o. Sell, offer for sale, barter or give away or display live baby chicks,
ducklings or other fowl or rabbits, turtles or chameleons which have been dyed
or artificially colored or otherwise treated so as to impart to them an artificial
color;
p. Use any animal, reptile, or fowl for the purpose of soliciting any alms,
collections, contributions, subscriptions, donations, or payment of money
except in connection with exhibitions, shows or performances conducted in a
bona fide manner by recognized breeders' associations, 4-H clubs or other
similar bona fide organizations;
q. Sell or offer for sale, barter, or give away living rabbits, turtles,
baby chicks, ducklings or other fowl under two months of age, for use as
household or domestic pets;
r. Sell, offer for sale, barter or give away living baby chicks, ducklings
or other fowl, or rabbits, turtles or chameleons under two months of age for
any purpose not prohibited by subsection q. of this section and who shall fail
to provide proper facilities for the care of such animals;
s. Artificially mark sheep or cattle, or cause them to be marked, by
cropping or cutting off both ears, cropping or cutting either ear more than one
inch from the tip end thereof, or half cropping or cutting both ears or either
ear more than one inch from the tip end thereof, or who shall have or keep in
the person's possession sheep or cattle, which the person claims to own, marked
contrary to this subsection unless they were bought in market or of a stranger;
t. Abandon a domesticated animal;
u. For amusement or gain, cause, allow, or permit the fighting or baiting
of a living animal or creature; Page 13 of 14
v. Own, possess, keep, train, promote, purchase, or knowingly sell a living
animal or creature for the purpose of fighting or baiting that animal or
creature;
w. Gamble on the outcome of a fight involving a living animal or creature;
x. Knowingly sell or barter or offer for sale or barter, at wholesale or
retail, the fur or hair of a domestic dog or cat or any product made in whole
or in part from the fur or hair of a domestic dog or cat, unless such fur or
hair for sale or barter is from a commercial grooming establishment or a
veterinary office or clinic or is for use for scientific research;
y. (1) Knowingly sell or barter, or offer for sale or barter, at wholesale
or retail, for human consumption, the flesh of a domestic dog or cat, or any
product made in whole or in part from the flesh of a domestic dog or cat;
(2) Knowingly slaughter a horse for human consumption;
(3) Knowingly sell or barter, or offer for sale or barter, at wholesale or
retail, for human consumption, the flesh of a horse, or any product made in
whole or in part from the flesh of a horse, or knowingly accept or publish
newspaper advertising that includes the offering for sale, trade, or
distribution of any such item for human consumption;
(4) Knowingly transport a horse for the purpose of slaughter for human
consumption;
(5) Knowingly transport horsemeat, or any product made in whole or in part
from the flesh of a horse, for the purpose of human consumption;
z. Surgically debark or silence a dog in violation of section 1 or 2 of
P.L.2002, c.102 (C.4:19-38 or C.4:19-39);
aa. Use a live pigeon, fowl or other bird for the purpose of a target, or
to be shot at either for amusement or as a test of skill in marksmanship,
except that this subsection and subsections bb. and cc. shall not apply to the
shooting of game;
bb. Shoot at a bird used as described in subsection aa. of this section, or
is a party to such shooting; or
cc. Lease a building, room, field or premises, or knowingly permit the use
thereof for the purposes of subsection aa. or bb. of this section --
Shall forfeit and pay a sum according to the following schedule, to be sued
for and recovered, with costs, in a civil action by any person in the name of
the New Jersey Society for the Prevention of Cruelty to Animals or a county
society for the prevention of cruelty to animals, as appropriate, or, in the
name of the municipality if brought by a certified animal control officer or
animal cruelty investigator:
For a violation of subsection e., f., g., u., v., w., or z. of this section
or of paragraph (3) of subsection a. of this section, or for a second or
subsequent violation of paragraph (2) or (5) of subsection a. of this section,
a sum of not less than $3,000 nor more than $5,000;
For a violation of subsection l. of this section [or], for a
first violation of paragraph (2) or (5) of subsection a. of this section, a sum
of not less than $1,000 nor more than $3,000;
For a violation of paragraph (4) of subsection a. of this section, or
subsection c. of this section, a sum of not less than $500 nor more than
$2,000;
For a violation of subsection x. or paragraph (1) of subsection y. of this
section, a sum of not less than $500 nor more than $1,000 for each domestic dog
or cat fur or fur or hair product or domestic dog or cat carcass or meat
product sold, bartered, or offered for sale or barter;
For a violation of paragraph (2), (3), (4), or (5) of subsection y. of this
section, a sum of not less than $500 nor more than $1,000 for each horse
slaughtered or transported for the purpose of slaughter for human consumption,
or for each horse carcass or meat product transported, sold or bartered, or
offered or advertised for sale or barter; Page 14 of 14
For a violation of subsection t. of this section, a sum of not less than
$500 nor more than $1,000, but if the violation occurs on or near a highway, a
mandatory sum of $1,000;
For a violation of subsection [c.,] d., h., j., k., aa., bb.,
or cc. of this section or of paragraph (1) of subsection a. of this section, a
sum of not less than $250 nor more than $1,000; and
For a violation of subsection i., m., n., o., p., q., r., or s. of this
section, a sum of not less than $250 nor more than $500.4
(cf: P.L.2012, c.52, s.2)
2[3.] 3[ 4.2] 4[5.3] 4.4 This
act shall take effect immediately.
