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Some
of the GOALS of the Section include:
*A
complete database of animal laws in Louisiana,
including cruelty statutes and case law.
*An Animal Law Handbook.
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While we are compiling the laws of Louisiana, please
see the following selected Animal Laws from the Louisiana
Revised Statutes. In addition, to find animal laws in
your municipality, please visit Municode
(you will be leaving this website and there are no
assurances that the laws on Municode are updated and/or
accurate).
Selected Louisiana Revised Statutes:
§102.1. Cruelty to animals; simple and aggravated
A.(1) Any person who intentionally or with criminal
negligence commits any of the following shall be guilty
of simple cruelty to animals:
(a) Overdrives, overloads, drives when overloaded,
or overworks a living animal.
(b) Torments, cruelly beats, or unjustifiably injures
any living animal, whether belonging to himself or another.
(c) Having charge, custody, or possession of any animal,
either as owner or otherwise, unjustifiably fails to
provide it with proper food, proper drink, proper shelter,
or proper veterinary care.
(d) Abandons any animal. A person shall not be considered
to have abandoned an animal if he delivers to an animal
control center an animal which he found running at large.
(e) Impounds or confines or causes to be impounded
or confined in a pound or other place, a living animal
and fails to supply it during such confinement with
proper food, proper drink, and proper shelter.
(f) Carries, or causes to be carried, a living animal
in or upon a vehicle or otherwise, in a cruel or inhumane
manner.
(g) Unjustifiably administers any poisonous or noxious
drug or substance to any domestic animal or unjustifiably
exposes any such drug or substance, with intent that
the same shall be taken or swallowed by any domestic
animal.
(h) Injures any animal belonging to another person
without legal privilege or consent of the owner.
(i) Mistreats any living animal by any act or omission
whereby unnecessary or unjustifiable physical pain,
suffering, or death is caused to or permitted upon the
animal.
(j) Causes or procures to be done by any person any
act enumerated in this Subsection.
(2)(a) Whoever commits the crime of simple cruelty
to animals shall be fined not more than one thousand
dollars, or imprisoned for not more than six months,
or both.
(b) In addition to any other penalty imposed, a person
who commits the crime of cruelty to animals shall be
ordered to perform five eight-hour days of court-approved
community service. The community service requirement
shall not be suspended.
B.(1) Any person who intentionally or with criminal
negligence tortures, maims, or mutilates any living
animal, whether belonging to himself or another, shall
be guilty of aggravated cruelty to animals.
(2) Any person who tampers with livestock at a public
livestock exhibition or at a private sale shall also
be guilty of aggravated cruelty to animals.
(3) Any person who causes or procures to be done by
any person any act designated in this Subsection shall
also be guilty of aggravated cruelty to animals.
(4) Whoever commits the crime of aggravated cruelty
to animals shall be fined not less than five thousand
dollars nor more than twenty-five thousand dollars or
imprisoned, with or without hard labor, for not less
than one year nor more than ten years, or both.
(5) For purposes of this Subsection, where more than
one animal is tortured, maimed, mutilated, or maliciously
killed1 or where more than one head of livestock is
tampered with, each act comprises a separate offense.
NOTE: Subsection C eff. until August 15, 2008. See
Acts 2007, No. 425, §1.
C. This Section shall not apply to the lawful hunting
or trapping of wildlife as provided by law, herding
of domestic animals, accepted veterinary practices,
and activities carried on for scientific or medical
research governed by accepted standards.
NOTE: Subsection C as amended by Acts 2007, No. 425,
§1, eff. August 15, 2008.
C. This Section shall not apply to any of the following:
(1) The lawful hunting or trapping of wildlife as provided
by law.
(2) Herding of domestic animals.
(3) Accepted veterinary practices.
(4) Activities carried on for scientific or medical
research governed by accepted standards.
(5) Traditional rural Mardi Gras parades, processions,
or runs involving chickens.
(6) Nothing in this Section shall prohibit the standard
transportation and agricultural processing of agriculture
products as defined in R.S. 3:3602(5) and (6).
NOTE: Subsection D repealed by Acts 2007, No. 425,
§2, eff. August 15, 2008.
D. For purposes of this Section, fowl shall not be
defined as animals. Only the following birds shall be
identified as animals for purposes of this Section:
(1) Order Psittaciformes-parrots, parakeets, lovebirds,
macaws, cockatiels or cockatoos.
(2) Order Passeriformes-canaries, starlings, sparrows,
flycatches, mynah or myna.
(3) Order Anseriformes-Anatidae--swans, geese, and
all forms of ducks.
(4) Order Struthioniformes--ratites-ostriches, emus,
rheas, cassowaries, and kiwis.
(5) Genus-Pavo--peacocks and peahens.
Added by Acts 1982, No. 431, §1. Acts 1983, 1st
Ex. Sess., No. 6, §1; Acts 1987, No. 336, §1;
Acts 1995, No. 1165, §1; Acts 1995, No. 1246, §1,
eff. June 29, 1995; Acts 1997, No. 461, §2; Acts
1997, No. 1212, §1; Acts 2006, No. 228, §1;
Acts 2007, No. 425, §§1 and 2, eff. Aug. 15,
2008.
1As appears in enrolled bill.
§102.2. Seizure and disposition of animals
cruelly treated
A. When a person is charged with cruelty to animals,
said person's animal may be seized by the arresting
officer and held pursuant to this Section.
B.(1) The seizing officer shall notify the owner of
the seized animal of the provisions of this Section
by posting written notice at the location where the
animal was seized or by leaving it with a person of
suitable age and discretion residing at that location
within twenty-four hours of the seizure.
(2) The seizing officer shall photograph the animal
within fifteen days after posting of the notice of seizure
and shall cause an affidavit to be prepared in order
to document its condition in accordance with R.S. 15:436.2.
(3) The seizing officer shall appoint a licensed veterinarian
or other suitable custodian to care for any such animal.
The custodian shall retain custody of the animal in
accordance with this Section.
(4) The seized animal shall be held by the custodian
provided for in Paragraph (3) for a period of fifteen
consecutive days, including weekends and holidays, after
such notice of seizure is given. Thereafter, if a person
who claims an interest in such animal has not posted
bond in accordance with Subsection C, the animal may
be humanely disposed of by sale, adoption, or euthanasia.
C. A person claiming an interest in any animal seized
pursuant to this Section may prevent the disposition
of the animal as provided for in Subsection B by posting
a bond with the court within fifteen days after receiving
notice of such seizure in an amount sufficient to secure
payment for all reasonable costs incurred in the boarding
and treatment for any seized animal for a thirty-day
period commencing on the date of initial seizure. Such
bond shall not prevent the department, agency, humane
society, or other custodian of the animal from disposing
of the animal in accordance with Subsection B at the
end of the thirty-day period covered by the bond, unless
the person claiming an interest posts an additional
bond for such reasonable expenses for an additional
thirty-day period. In addition, such bond shall not
prevent disposition of the animal for humane purposes
at any time, in accordance with Subsection E of this
Section. The amount of the bond shall be determined
by the department, agency, humane society or other custodian
of the animal as authorized by the court in accordance
with the current rate for board and on the condition
of the animal after examination by a licensed veterinarian.
D. Upon a person's conviction of cruelty to animals,
it shall be proper for the court, in its discretion,
to order the forfeiture and final determination of the
custody of any animal found to be cruelly treated in
accordance with this Section and the forfeiture of the
bond posted pursuant to Subsection C as part of the
sentence. The court may, in its discretion, order the
payment of any reasonable or additional costs incurred
in the boarding or veterinary treatment of any seized
animal prior to its disposition, whether or not a bond
was posted by the defendant. In the event of the acquittal
or final discharge without conviction of the accused,
the court shall, on demand, direct the delivery of any
animal held in custody to the owner thereof and order
the return of any bond posted pursuant to Subsection
C, less reasonable administrative costs.
E. Nothing in this Section shall prevent the euthanasia
of any seized animal, at any time, whether or not any
bond was posted, if a licensed veterinarian determines
that the animal is not likely to survive and is suffering,
as a result of any physical condition. In such instances,
the court, in its discretion, may order the return of
any bond posted, less reasonable costs, at the time
of trial.
Added by Acts 1982, No. 431, §1; Acts 1997, No.
1212, §1.
§102.3. Search warrant; animal cruelty offenses
If the complaint is made, by affidavit, to any magistrate
authorized to issue search warrants in criminal cases,
that the complainant has reason to believe that an animal
has been or is being cruelly treated in violation of
R.S. 14:102.1, in any building or place, such magistrate,
if satisfied that there is reasonable cause for such
belief, shall issue a search warrant to any law enforcement
officer authorized by law to make arrests for such offenses,
authorizing any such officer to make a search of said
building or place, and to arrest any person found violating
R.S. 14:102.1. Said warrant may also authorize said
officer to seize any animal believed to be cruelly treated
and to take custody thereof. This section shall not
be construed as a limitation on the power of law enforcement
officers to seize animals as evidence at the time of
the arrest.
Added by Acts 1982, No. 431, §1.
§102.4. Confined animals; necessary food and
water
When a living animal is impounded or confined, and
continues without necessary food and water for more
than twenty-four consecutive hours, any law enforcement
officer may, as often as is necessary, enter any place
in which the animal is impounded or confined and supply
it with necessary food and water so long as it shall
remain impounded or confined.
Added by Acts 1982, No. 431, §1.
§102.5. Dogfighting; training and possession
of dogs for fighting
A. No person shall intentionally do any of the following:
(1) For amusement or gain, cause any dog to fight with
another dog, or cause any dogs to injure each other.
(2) Permit any act in violation of Paragraph (1) to
be done on any premises under his charge or control,
or aid or abet any such act.
(3) Promote, stage, advertise, or be employed at a
dogfighting exhibition.
(4) Sell a ticket of admission or receive money for
the admission of any person to any place used, or about
to be used, for any activity described in Paragraph
(2).
(5) Own, manage, or operate any facility kept or used
for the purpose of dogfighting.
(6) Knowingly attend as a spectator at any organized
dogfighting event.
(7)(a) Own, possess, keep, or train a dog for purpose
of dogfighting.
(b) The following activities shall be admissible as
evidence of a violation of this Paragraph:
(i) Possession of any treadmill wheel, hot walker,
cat mill, cat walker, jenni, or other paraphernalia,
together with evidence that the paraphernalia is being
used or intended for use in the unlawful training of
a dog to fight with another dog, along with the possession
of any such dog.
(ii) Tying, attaching, or fastening any live animal
to a machine or power propelled device, for the purpose
of causing the animal to be pursued by a dog, together
with the possession of a dog.
(iii) Possession or ownership of a dog exhibiting injuries
or alterations consistent with dogfighting, including
but not limited to torn or missing ears, scars, lacerations,
bite wounds, puncture wounds, bruising or other injuries,
together with evidence that the dog has been used or
is intended for use in dogfighting.
B. "Dogfighting" means an organized event
wherein there is a display of combat between two or
more dogs in which the fighting, killing, maiming, or
injuring of a dog is the significant feature, or main
purpose, of the event.
C. Whoever violates any provision of Paragraphs (1)
through (5) and (7) of Subsection A of this Section
shall be fined not less than one thousand dollars nor
more than twenty-five thousand dollars, or be imprisoned
with or without hard labor for not less than one year
nor more than ten years, or both.
D. Whoever violates Paragraph (6) of Subsection A of
this Section shall be fined not more than five hundred
dollars or be imprisoned for not more than six months,
or both.
E. Nothing in this Section shall prohibit any of the
following activities:
(1) The use of dogs for hunting.
(2) The use of dogs for management of livestock by
the owner, his employees or agents, or any other person
having lawful custody of livestock.
(3) The training of dogs or the possession or use of
equipment in the training of dogs for any purpose not
prohibited by law.
(4) The possessing or owning of dogs with ears cropped
or otherwise surgically altered for cosmetic purposes.
Added by Acts 1982, No. 432, §1. Acts 1984, No.
661, §1; Acts 1993, No. 1002, §1; Acts 2001,
No. 547, §1; Acts 2001, No. 734, §1, eff.
June 25, 2001.
§102.7. Search warrant for dogfighting offenses
If complaint is made, by affidavit, to any magistrate
authorized to issue search warrants in criminal cases,
that the complainant has reason to believe that R.S.
14:102.5 has been violated within the past forty-eight
hours, is being, or will be violated in any building
or place, such magistrate, if satisfied that there is
reasonable cause for such belief, shall issue a search
warrant authorizing any law enforcement officer competent
by law to make arrests for such offenses to make a search
of said building or place, and to arrest any person
found violating R.S. 14:102.5. This Section shall not
be construed as a limitation on the power of law enforcement
officers to seize animals or evidence at the time of
arrest.
Added by Acts 1982, No. 432, §1.
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