Tennessee § 39-14-202 - Cruelty to animals.

§ 39-14-202. Cruelty to animals.

A person commits an offense who intentionally or knowingly: Tortures, maims or grossly overworks an animal; Fails unreasonably to provide necessary food, water, care or shelter for an animal in the person's custody; Abandons unreasonably an animal in the person's custody; Transports or confines an animal in a cruel manner; or Inflicts burns, cuts, lacerations, or other injuries or pain, by any method, including blistering compounds, to the legs or hooves of horses in order to make them sore for any purpose including, but not limited to, competition in horse shows and similar events. A person commits an offense who knowingly ties, tethers, or restrains a dog in a manner that results in the dog suffering bodily injury as defined in § 39-11-106. It is a defense to prosecution under this section that the person was engaged in accepted veterinary practices, medical treatment by the owner or with the owner's consent, or bona fide experimentation for scientific research. Whenever any person is taken into custody by any officer for violation of subdivision (a)(4), the officer may take charge of the vehicle or conveyance, and its contents, used by the person to transport the animal. The officer shall deposit these items in a safe place for custody. Any necessary expense incurred for taking charge of and sustaining the same shall be a lien thereon, to be paid before the same can lawfully be recovered; or the expenses, or any part thereof, remaining unpaid may be recovered by the person incurring the same of the owners of the animal in an action therefor. In addition to the penalty imposed in subsection (g), the court making the sentencing determination for a person convicted under this section shall order the person convicted to surrender custody and forfeit the animal or animals whose treatment was the basis of the conviction. Custody shall be given to a humane society incorporated under the laws of this state. The court may prohibit the person convicted from having custody of other animals for any period of time the court determines to be reasonable, or impose any other reasonable restrictions on the person's custody of animals as necessary for the protection of the animals. Nothing in this section shall be construed as prohibiting the owner of a farm animal or someone acting with the consent of the owner of that animal from engaging in usual and customary practices which are accepted by colleges of agriculture or veterinary medicine with respect to that animal. It is an offense for a person other than a law enforcement officer acting with probable cause to knowingly interfere with the performance of any agricultural practices permitted by subdivision (f)(1). An offense under subdivision (f)(2) is a Class B misdemeanor. Cruelty to animals is a Class A misdemeanor. A second or subsequent conviction for cruelty to animals is a Class E felony. Violation of any prohibition or restriction imposed by the sentencing court pursuant to subsection (e) is a Class A misdemeanor. Acts 1989, ch. 591, § 1; 1991, ch. 223, § 1; 1992, ch. 840, § 1; 1997, ch. 90, § 4; 2004, ch. 940, § 6; 2007, ch. 535, § 1; 2010, ch. 816, § 1. Compiler's Notes. Acts 2004, ch. 940, § 1 provided that the act shall be known and may be cited as the “General Patton Act of 2003”. Acts 2004, ch. 940, § 7 provided that notwithstanding any provision of § 55-4-290 [now § 55-4-317 ] to the contrary, a sum sufficient from the special fund created pursuant to § 55-4-290 shall be annually transferred to the general fund for the sole purpose of funding increased incarceration costs resulting from the provisions of the act. Acts 2004, ch. 940, § 8 provided that the provisions of this act shall not apply to any animal while that animal is being used for training, for an occupational purpose, or for hunting. Acts 2007, ch. 535, § 2 provided that the act shall apply to all such offenses committed on or after July 1, 2007. Cross-References. Licensing of dealers and purchasers of livestock, title 44, ch. 10, pt. 2. Penalties for Class A and B misdemeanors, § 40-35-111 . Penalty for Class E felony, § 40-35-111 . Law Reviews. Animal Lex, 25 Tenn. L. Rev. 471 (1958). Crush Videos and the Case for Criminalizing Criminal Depictions (Joseph J. Anclien), 40 U. Mem. L. Rev. 1 (2009). Fresh from the Farm: Regulating Concentrated Animal Feeding Operations for Antibiotic Abuse in Tennessee, 48 U. Mem. L. Rev. 281 (2017). No Walk in the Dog Park: Drafting Animal Cruelty Statutes to Resolve Double Jeopardy Concerns and Eliminate Unfettered Prosecutorial Discretion (Laurie Serafino), 78 Tenn. L. Rev. 1119 (2011). Safe Haven Conundrum: The Use of Special Bailments To Keep Pets Out of Violent Households, 12 Tenn. J. L. & Pol'y 79 (2017). Attorney General Opinions. T.C.A. § 39-14-202(c) does not curtail the lien granted to a humane society pursuant to T.C.A. § 39-14-210(e) ; instead, it supplements or provides an alternate remedy to such lien, OAG 00-163 (10/19/00). Any local law enforcement agency or agent of a properly chartered humane society may investigate animal abuse cases, OAG 06-149 (10/2/06). A sheriff's department or police department has authority to arrest or cite a person pursuant to T.C.A. § 39-14-202 , OAG 07-011 (1/31/07). The term “officer,” as used in T.C.A. § 39-14-202(c) , refers to any law enforcement officer who, under the laws of this state, can take a person into custody for violating T.C.A. § 39-14-202(a)(4) , OAG 07-011 (1/31/07). A second or subsequent conviction for cruelty to animals is considered a Class E Felony, regardless of whether either or both convictions involved livestock, OAG 07-011 (1/31/07).