(1) |
As used in this section:
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
Class | Prison | Fine |
---|
class A misdemeanor | up to 364 days | up to $2,500 | class B misdemeanor | up to 6 months | up to $1,000 | class C misdemeanor | up to 90 days | up to $750 |
For details, see Utah Code § 76-3-204
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Terms Used In Utah Code 76-9-301- Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Conduct: means an act or omission. See Utah Code 76-1-101.5
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- Possess: means to have physical possession of or to exercise dominion or control over tangible property. See Utah Code 76-1-101.5
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(a) |
(i) |
“Abandon” means to intentionally deposit, leave, or drop off any live animal:
(A) |
without providing for the care of that animal, in accordance with accepted animal husbandry practices or customary farming practices; or |
(B) |
in a situation where conditions present an immediate, direct, and serious threat to the life, safety, or health of the animal. |
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(ii) |
“Abandon” does not include returning wildlife to its natural habitat. |
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(b) |
(i) |
“Animal” means, except as provided in Subsection (1)(b)(ii), a live, nonhuman vertebrate creature. |
(ii) |
“Animal” does not include:
(A) |
a live, nonhuman vertebrate creature, if:
(I) |
the conduct toward the creature, and the care provided to the creature, is in accordance with accepted animal husbandry practices; and |
(II) |
the creature is:
(Aa) |
owned or kept by a zoological park that is accredited by, or a member of, the American Zoo and Aquarium Association; |
(Bb) |
kept, owned, or used for the purpose of training hunting dogs or raptors; or |
(Cc) |
temporarily in the state as part of a circus or traveling exhibitor licensed by the United States Department of Agriculture under 7 U.S.C. § 2133; |
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(B) |
a live, nonhuman vertebrate creature that is owned, kept, or used for rodeo purposes, if the conduct toward the creature, and the care provided to the creature, is in accordance with accepted rodeo practices; |
(C) |
livestock, if the conduct toward the creature, and the care provided to the creature, is in accordance with accepted animal husbandry practices or customary farming practices; or |
(D) |
wildlife, as defined in Section 23-13-2, including protected and unprotected wildlife, if the conduct toward the wildlife is in accordance with lawful hunting, fishing, or trapping practices or other lawful practices. |
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(c) |
“Companion animal” means an animal that is a domestic dog or a domestic cat. |
(d) |
“Custody” means ownership, possession, or control over an animal. |
(e) |
“Legal privilege” means an act that:
(i) |
is authorized by state law, including Division of Wildlife Resources rules; and |
(ii) |
is not in violation of a local ordinance. |
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(f) |
“Livestock” means:
(ii) |
domesticated elk, as defined in Section 4-39-102; |
(iii) |
a livestock guardian dog, as defined in Section 76-6-111; or |
(iv) |
any domesticated nonhuman vertebrate creature, domestic furbearer, or domestic poultry, raised, kept, or used for agricultural purposes. |
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(g) |
“Necessary food, water, care, or shelter” means the following, taking into account the species, age, and physical condition of the animal:
(i) |
appropriate and essential food and water; |
(ii) |
adequate protection, including appropriate shelter, against extreme weather conditions; and |
(iii) |
other essential care. |
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(h) |
“Torture” means intentionally or knowingly causing or inflicting extreme physical pain to an animal in an especially heinous, atrocious, cruel, or exceptionally depraved manner. |
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