Arizona Laws 13-2910.11. Unlawful animal ownership or possession; transfer of animals; restoration of right to possess animals; classification; good cause exception; definitions
A. It is unlawful for a person who has been convicted of any of the following offenses to own, possess, adopt, foster, reside with or otherwise intentionally contact, care for or have custody of any animal in the person’s household:
Attorney's Note
Under the Arizona Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 1 misdemeanor | up to 6 months | up to $2,500 |
Terms Used In Arizona Laws 13-2910.11
- Absconder: means a probationer who has moved from the probationer's primary residence without permission of the probation officer, who cannot be located within ninety days of the previous contact and against whom a petition to revoke has been filed in the superior court alleging that the probationer's whereabouts are unknown. See Arizona Laws 13-105
- Community supervision: means that portion of a felony sentence that is imposed by the court pursuant to section 13-603, subsection I and that is served in the community after completing a period of imprisonment or served in prison in accordance with Section 41-1604. See Arizona Laws 13-105
- Conduct: means an act or omission and its accompanying culpable mental state. See Arizona Laws 13-105
- 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.
- escape: means :
(i) A departure from custody or from a juvenile secure care facility, a juvenile detention facility or an adult correctional facility in which the person is held or detained, with knowledge that the departure is not allowed, or the failure to return to custody or detention following a temporary leave granted for a specific purpose or for a limited period. See Arizona Laws 13-105
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Felony: means an offense for which a sentence to a term of imprisonment in the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Magistrate: means an officer having power to issue a warrant for the arrest of a person charged with a public offense and includes the chief justice and justices of the supreme court, judges of the superior court, judges of the court of appeals, justices of the peace and judges of a municipal court. See Arizona Laws 1-215
- Misdemeanor: means an offense for which a sentence to a term of imprisonment other than to the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- Possess: means knowingly to have physical possession or otherwise to exercise dominion or control over property. See Arizona Laws 13-105
- Possession: means a voluntary act if the defendant knowingly exercised dominion or control over property. See Arizona Laws 13-105
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Public: means affecting or likely to affect a substantial group of persons. See Arizona Laws 13-2901
- Unlawful: means contrary to law or, where the context so requires, not allowed by law. See Arizona Laws 13-105
1. An intentional or knowing violation of cruelty to animals pursuant to section 13-2910, subsection A, paragraph 1, 2, 3, 7, 8, 9, 11, 14 or 15.
2. Cruelty to animals pursuant to section 13-2910, subsection A, paragraph 4.
3. Animal fighting pursuant to Section 13-2910.01.
4. Bestiality pursuant to section 13-1411.
B. Except as provided in subsection D of this section, the prohibitions listed in subsection A of this section shall remain in place for the following amount of time:
1. For a first misdemeanor conviction, at least five years.
2. For a first felony conviction or a second or subsequent misdemeanor conviction, at least ten years.
3. For a second or subsequent felony conviction, for the person’s lifetime.
C. Within thirty days after a person is prohibited from possessing an animal pursuant to this section, the person shall transfer all animals in the person’s care or custody to another person who is not in the person’s household.
D. On proper application and not less than one year after the person is convicted of a misdemeanor violation of an offense listed in subsection A of this section or two and one-half years after the person is convicted of a felony violation, the person may apply to have the person’s right to possess an animal restored. Any time spent on absconder status while on probation, on escape status or incarcerated is excluded in calculating the minimum time requirement. The person may apply to the judge, justice of the peace or magistrate who pronounced sentence or imposed probation or the judge, justice of the peace or magistrate’s successor in office. The applicant shall serve a copy of the application on the prosecutor. The court shall conduct a hearing on the request within sixty days after the application is filed. The defendant bears the burden by a preponderance of evidence at the hearing. To assist the court in making a determination, the court shall require the person to complete a psychiatric or psychological examination and undergo counseling, if necessary, before restoring the person’s right to possess an animal. The court may terminate or reduce the time period required by subsection B of this section on a finding that:
1. The applicant does not present a danger to self, the animal’s immediate family and the public.
2. The applicant has the ability to properly care for all animals in the applicant’s possession.
3. The applicant has successfully completed all classes or counseling that was ordered by the sentencing court.
E. A convicted person who lives in a household with an animal that is owned, possessed, adopted or fostered by another person in the household may apply to the court for a good cause exception. A good cause exception is valid for one year and allows the convicted person to reside in the same household as an animal. The convicted person may request the court to renew a good cause exception sixty days before the good cause exception expires. The court may grant a good cause exception or renew a good cause exception if all of the following apply:
1. The convicted person is on supervised or unsupervised probation, community supervision or parole or agrees to be subject to the court’s jurisdiction and supervision while living in the household.
2. The court determines that it is in the best interests of the animal and the person who owns, possesses, adopts or fosters the animal to allow the convicted person to remain in the same household and reside with the animal.
3. The convicted person agrees to not intentionally contact, care for or have custody of the animal.
F. A person who violates this section is guilty of a class 1 misdemeanor.
G. For the purposes of this section:
1. "Animal":
(a) Means any domesticated dog or cat.
(b) Does not include livestock as defined in section 3-1201 or wildlife as defined in section 17-101.
2. "Household" includes all of the persons who occupy a housing unit as the person’s usual place of residence, including all of the following:
(a) The related family members and all unrelated persons, if any, such as lodgers, foster children, wards or employees who share the housing unit.
(b) A person who lives alone in a housing unit or a group of unrelated persons sharing a housing unit such as partners or roomers.
3. "Housing unit" means a house, an apartment, a mobile home or trailer, a group of rooms or a single room occupied as separate living quarters for a household and includes any front, side or rear yards and any garages and detached garages that are under the control of the household.