§ 14‑360. Cruelty toanimals; construction of section.
(a) If any person shallintentionally overdrive, overload, wound, injure, torment, kill, or deprive ofnecessary sustenance, or cause or procure to be overdriven, overloaded,wounded, injured, tormented, killed, or deprived of necessary sustenance, anyanimal, every such offender shall for every such offense be guilty of a Class 1misdemeanor.
(a1) If any person shallmaliciously kill, or cause or procure to be killed, any animal by intentionaldeprivation of necessary sustenance, that person shall be guilty of a Class A1misdemeanor.
(b) If any person shallmaliciously torture, mutilate, maim, cruelly beat, disfigure, poison, or kill,or cause or procure to be tortured, mutilated, maimed, cruelly beaten,disfigured, poisoned, or killed, any animal, every such offender shall forevery such offense be guilty of a Class I felony. However, nothing in thissection shall be construed to increase the penalty for cockfighting providedfor in G.S. 14‑362.
(c) As used in thissection, the words "torture", "torment", and"cruelly" include or refer to any act, omission, or neglect causingor permitting unjustifiable pain, suffering, or death. As used in this section,the word "intentionally" refers to an act committed knowingly andwithout justifiable excuse, while the word "maliciously" means an actcommitted intentionally and with malice or bad motive. As used in this section,the term "animal" includes every living vertebrate in the classesAmphibia, Reptilia, Aves, and Mammalia except human beings. However, thissection shall not apply to the following activities:
(1) The lawful taking ofanimals under the jurisdiction and regulation of the Wildlife ResourcesCommission, except that this section shall apply to those birds exempted by theWildlife Resources Commission from its definition of "wild birds"pursuant to G.S. 113‑129(15a).
(2) Lawful activitiesconducted for purposes of biomedical research or training or for purposes ofproduction of livestock, poultry, or aquatic species.
(2a) Lawful activitiesconducted for the primary purpose of providing food for human or animalconsumption.
(4) The lawfuldestruction of any animal for the purposes of protecting the public, otheranimals, property, or the public health.
(5) The physicalalteration of livestock or poultry for the purpose of conforming with breed orshow standards. (1881,c. 34, s. 1; c. 368, ss. 1, 15; Code, ss. 2482, 2490; 1891, c. 65; Rev., s.3299; 1907, c. 42; C.S., s. 4483; 1969, c. 1224, s. 2; 1979, c. 641; 1985 (Reg.Sess., 1986), c. 967, s. 1; 1989, c. 670, s. 1; 1993, c. 539, s. 239; 1994, Ex.Sess., c. 24, s. 14(c); 1998‑212, s. 17.16(c); 1999‑209, s. 8; 2007‑211,ss. 1, 2.)
§ 14‑360. Cruelty toanimals; construction of section.
(a) If any person shallintentionally overdrive, overload, wound, injure, torment, kill, or deprive ofnecessary sustenance, or cause or procure to be overdriven, overloaded,wounded, injured, tormented, killed, or deprived of necessary sustenance, anyanimal, every such offender shall for every such offense be guilty of a Class 1misdemeanor.
(a1) If any person shallmaliciously kill, or cause or procure to be killed, any animal by intentionaldeprivation of necessary sustenance, that person shall be guilty of a Class A1misdemeanor.
(b) If any person shallmaliciously torture, mutilate, maim, cruelly beat, disfigure, poison, or kill,or cause or procure to be tortured, mutilated, maimed, cruelly beaten,disfigured, poisoned, or killed, any animal, every such offender shall forevery such offense be guilty of a Class I felony. However, nothing in thissection shall be construed to increase the penalty for cockfighting providedfor in G.S. 14‑362.
(c) As used in thissection, the words "torture", "torment", and"cruelly" include or refer to any act, omission, or neglect causingor permitting unjustifiable pain, suffering, or death. As used in this section,the word "intentionally" refers to an act committed knowingly andwithout justifiable excuse, while the word "maliciously" means an actcommitted intentionally and with malice or bad motive. As used in this section,the term "animal" includes every living vertebrate in the classesAmphibia, Reptilia, Aves, and Mammalia except human beings. However, thissection shall not apply to the following activities:
(1) The lawful taking ofanimals under the jurisdiction and regulation of the Wildlife ResourcesCommission, except that this section shall apply to those birds exempted by theWildlife Resources Commission from its definition of "wild birds"pursuant to G.S. 113‑129(15a).
(2) Lawful activitiesconducted for purposes of biomedical research or training or for purposes ofproduction of livestock, poultry, or aquatic species.
(2a) Lawful activitiesconducted for the primary purpose of providing food for human or animalconsumption.
(4) The lawfuldestruction of any animal for the purposes of protecting the public, otheranimals, property, or the public health.
(5) The physicalalteration of livestock or poultry for the purpose of conforming with breed orshow standards. (1881,c. 34, s. 1; c. 368, ss. 1, 15; Code, ss. 2482, 2490; 1891, c. 65; Rev., s.3299; 1907, c. 42; C.S., s. 4483; 1969, c. 1224, s. 2; 1979, c. 641; 1985 (Reg.Sess., 1986), c. 967, s. 1; 1989, c. 670, s. 1; 1993, c. 539, s. 239; 1994, Ex.Sess., c. 24, s. 14(c); 1998‑212, s. 17.16(c); 1999‑209, s. 8; 2007‑211,ss. 1, 2.)
§ 14‑360. Cruelty toanimals; construction of section.
(a) If any person shallintentionally overdrive, overload, wound, injure, torment, kill, or deprive ofnecessary sustenance, or cause or procure to be overdriven, overloaded,wounded, injured, tormented, killed, or deprived of necessary sustenance, anyanimal, every such offender shall for every such offense be guilty of a Class 1misdemeanor.
(a1) If any person shallmaliciously kill, or cause or procure to be killed, any animal by intentionaldeprivation of necessary sustenance, that person shall be guilty of a Class A1misdemeanor.
(b) If any person shallmaliciously torture, mutilate, maim, cruelly beat, disfigure, poison, or kill,or cause or procure to be tortured, mutilated, maimed, cruelly beaten,disfigured, poisoned, or killed, any animal, every such offender shall forevery such offense be guilty of a Class I felony. However, nothing in thissection shall be construed to increase the penalty for cockfighting providedfor in G.S. 14‑362.
(c) As used in thissection, the words "torture", "torment", and"cruelly" include or refer to any act, omission, or neglect causingor permitting unjustifiable pain, suffering, or death. As used in this section,the word "intentionally" refers to an act committed knowingly andwithout justifiable excuse, while the word "maliciously" means an actcommitted intentionally and with malice or bad motive. As used in this section,the term "animal" includes every living vertebrate in the classesAmphibia, Reptilia, Aves, and Mammalia except human beings. However, thissection shall not apply to the following activities:
(1) The lawful taking ofanimals under the jurisdiction and regulation of the Wildlife ResourcesCommission, except that this section shall apply to those birds exempted by theWildlife Resources Commission from its definition of "wild birds"pursuant to G.S. 113‑129(15a).
(2) Lawful activitiesconducted for purposes of biomedical research or training or for purposes ofproduction of livestock, poultry, or aquatic species.
(2a) Lawful activitiesconducted for the primary purpose of providing food for human or animalconsumption.
(4) The lawfuldestruction of any animal for the purposes of protecting the public, otheranimals, property, or the public health.
(5) The physicalalteration of livestock or poultry for the purpose of conforming with breed orshow standards. (1881,c. 34, s. 1; c. 368, ss. 1, 15; Code, ss. 2482, 2490; 1891, c. 65; Rev., s.3299; 1907, c. 42; C.S., s. 4483; 1969, c. 1224, s. 2; 1979, c. 641; 1985 (Reg.Sess., 1986), c. 967, s. 1; 1989, c. 670, s. 1; 1993, c. 539, s. 239; 1994, Ex.Sess., c. 24, s. 14(c); 1998‑212, s. 17.16(c); 1999‑209, s. 8; 2007‑211,ss. 1, 2.)
