§711-1109  Cruelty to animals in the second
degree.  (1)  A person commits the offense of cruelty to animals in the
second degree if the person intentionally, knowingly, or recklessly:



(a) Overdrives, overloads, tortures, torments, beats,
causes substantial bodily injury, or starves any animal, or causes the
overdriving, overloading, torture, torment, beating, or starving of any animal;



(b) Deprives a pet animal of necessary sustenance or
causes such deprivation;



(c) Mutilates, poisons, or kills without need any
animal other than insects, vermin, or other pests;



(d) Keeps, uses, or in any way is connected with or
interested in the management of, or receives money for the admission of any
person to, any place kept or used for the purpose of fighting or baiting any
bull, bear, cock, or other animal, and includes every person who encourages,
aids, or assists therein, or who permits or suffers any place to be so kept or
used;



(e) Carries or causes to be carried, in or upon any
vehicle or other conveyance, any animal in a cruel or inhumane manner;



(f) Confines or causes to be confined, in a kennel or
cage, any pet animal in a cruel or inhumane manner;



(g) Tethers, fastens, ties, or restrains a dog to a
doghouse, tree, fence, or any other stationary object by means of a choke
collar, pinch collar, or prong collar; provided that a person is not prohibited
from using such restraints when walking a dog with a hand-held leash or while a
dog is engaged in a supervised activity; or



(h) Assists another in the commission of any act
specified in subsections (1)(a) through (1)(g).



(2)  Subsection (1)(a), (b), (c), (e), (f),
(g), and (h) 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) Pest control operations conducted pursuant to
chapter 149A by a pest control operator licensed pursuant to chapter 460J, if
the pest control is performed under a written contract.



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



(4)  Cruelty to animals in the second degree is
a misdemeanor. [L 1972, c 9, pt of §1; am L 1986, c 192, §§1, 2; am L 1998, c
173, §2; am L 2007, c 114, §4; am L 2009, c 160, §1]



 



Law Journals and Reviews



 



  Cruelty to Animals:  Recognizing Violence Against Nonhuman
Victims.  23 UH L. Rev. 307.



 



Case Notes



 



  Constitutionality upheld.  61 H. 136, 597 P.2d 590.