a class A misdemeanor if committed intentionally or knowingly;
(b)
a class B misdemeanor if committed recklessly; or
(c)
a class C misdemeanor if committed with criminal negligence.
(4)
If an actor's conduct in violation of this section also constitutes a violation of Section 76-13-204, Torturing a companion animal, the actor's conduct shall be prosecuted under Section 76-13-204.
(5)
It is a defense to prosecution under this section that the conduct of the actor towards the animal was:
(a)
performed by a licensed veterinarian using accepted veterinary practice;
(b)
directly related to bona fide experimentation for scientific research, provided that if the animal is to be destroyed, the manner employed will not be unnecessarily cruel unless directly necessary to the veterinary purpose or scientific research involved;
performed by an actor who humanely destroys an animal found suffering past recovery for any useful purpose; or
(e)
performed by an actor who humanely destroys an apparently abandoned animal found on the actor's property.
(6)
For purposes of Subsection (5)(d), before destroying the suffering animal, an actor who is not the owner of the animal shall obtain:
(a)
the judgment of a veterinarian of the animal's nonrecoverable condition;
(b)
the judgment of two other individuals called by the actor to view the unrecoverable condition of the animal in the actor's presence;
(c)
the consent from the owner of the animal to the destruction of the animal; or
(d)
a reasonable conclusion that the animal's suffering is beyond recovery, through the actor's own observation, if the actor is in a location or circumstance where the actor is unable to contact another individual.
(7)
Upon conviction under this section, the court may in the court's discretion, in addition to other penalties:
(a)
order the actor to be evaluated to determine the need for psychiatric or psychological counseling, to receive counseling as the court determines to be appropriate, and to pay the costs of the evaluation and counseling;
(b)
require the actor to forfeit any rights the actor has to the animal subjected to a violation of this section and to repay the reasonable costs incurred by any person in caring for each animal subjected to violation of this section;
(c)
order the actor to no longer possess or retain custody of any animal, as specified by the court, during the period of the actor's probation or parole or other period as designated by the court; and
(d)
order the animal to be placed for the purpose of adoption or care in the custody of a county or municipal animal control agency or an animal welfare agency registered with the state to be sold at public auction or humanely destroyed.
(8)
A veterinarian who, acting in good faith, reports a violation of this section to law enforcement may not be held civilly liable for making the report.
Section 76-13-203 ("Aggravated cruelty to an animal.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 76-13-203?
A common citation format is "Utah Code § 76-13-203" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 76-13-203 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
