§711-1108.5  Cruelty to animals in the first
degree.  (1)  A person commits the offense of cruelty to animals in the
first degree if the person intentionally or knowingly tortures, mutilates, or
poisons or causes the torture, mutilation, or poisoning of any pet animal or
equine animal resulting in serious bodily injury or death of the pet animal or
equine animal.



(2)  Subsection (1) shall not apply to:



(a) Accepted veterinary practices;



(b) Activities carried on for scientific research
governed by standards of accepted educational or medicinal practices; or



(c) Cropping or docking as customarily practiced.



(3)  Whenever any pet animal or equine animal
is so severely injured that there is no reasonable probability that its life
can be saved, the animal may be immediately destroyed without creating any
offense under this section.



(4)  Cruelty to animals in the first degree is
a class C felony. [L 2007, c 114, §2; am L 2008, c 111, §2]



 



COMMENTARY ON §711-1108.5



 



  Act 114, Session Laws 2007, created the offense of cruelty to
animals in the first degree, making it a felony to intentionally or knowingly
torture, mutilate, or poison or cause the torture, mutilation, or poisoning of
any pet animal resulting in serious bodily injury or death of the pet animal. 
The legislature found that violence, whether against humans or animals, must be
not tolerated in our society. Evidence suggests a link between animal abuse and
the commission of violent acts against humans.  Hawaii is only one of nine
states in the United States without a felony offense for domestic animal
abuse.  The legislature also found that pet animals provide a close emotional
bond and relationship with their owners and family members and friends. 
Violence and harm committed against the animals have a significant emotional
impact on their owners and family.  The felony provisions of Act 114 protected
pet animals.  Conference Committee Report No. 29.



  Act 111, Session Laws 2008, amended this section by making an
offense involving serious bodily injury or death to an equine animal a class C
felony, thus extending to equine animals some of the legal protections accorded
to pet animals relating to animal cruelty.  The legislature believed that
horses belong under the protection of law and that adding equine animals to the
list of animals protected under the animal cruelty law reflects the fact that
companion animals come in all shapes and sizes.  House Standing Committee
Report No. 1589-08, Senate Standing Committee Report No. 2879, Conference
Committee Report No. 20-08.