Iowa Code 717B.2 – Animal abuse — penalties
Current as of: 2024 | Check for updates
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Attorney's Note
Under the Iowa Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D felony | up to 5 years | between $1,025 and $10,245 |
| Aggravated misdemeanor | up to 2 years | between $855 and $8,540 |
| Serious misdemeanor | up to 1 year | between $430 and $2,560 |
Terms Used In Iowa Code 717B.2
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- property: includes personal and real property. See Iowa Code 4.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
717B.2 Animal abuse — penalties.
1. A person commits animal abuse when the person intentionally, knowingly, or recklessly acts to inflict injury, serious injury, or death on an animal by force, violence, or poisoning.
2. This section shall not apply to any of the following:
a. An owner of the animal, or a person acting with the consent of the owner, who euthanizes an animal in a reasonable manner, if at the time of the euthanasia, the animal is in a state of permanent pain or suffering.
b. A person acting to carry out an order issued by a court.
c. A veterinarian practicing veterinary medicine as provided in chapter 169.
d. A person acting in order to carry out another provision of law which allows the conduct.
e. A person taking, hunting, trapping, or fishing for a wild animal as provided in chapter
481A.
f. A person acting to protect the person’s property from a wild animal as defined in section
481A.1.
g. A person acting to protect a person from injury or death caused by a wild animal as defined in § 481A.1.
h. A person reasonably acting to protect the person’s property from damage caused by an unconfined animal.
i. A person reasonably acting to protect a person from injury or death caused by an unconfined animal.
j. A local authority reasonably acting to destroy an animal, if at the time of the destruction, the owner of the animal is absent or unable to care for the animal, and the animal is permanently distressed by disease or injury to a degree that would result in severe and prolonged suffering.
k. A research facility, as defined in § 162.2, if the research facility has been issued or renewed a valid authorization by the department pursuant to chapter 162, and performs functions within the scope of accepted practices and disciplines associated with the research facility.
l. An act required to be carried out by a commercial establishment to care for an animal in its possession or under its control as described in § 162.10A, subsection 1, provided that the commercial establishment complies with applicable standard of care requirements pursuant to subsections 1 and 2 of that section.
3. A person who commits animal abuse that causes injury, other than serious injury or death, to an animal is guilty of a serious misdemeanor.
4. A person who commits animal abuse that causes serious injury or death to an animal is guilty of an aggravated misdemeanor.
5. Notwithstanding subsection 4, a person who commits animal abuse that causes serious injury or death to an animal is guilty of a class “”D”” felony if the person has previously been convicted of committing animal abuse pursuant to this section, animal neglect punishable as a serious misdemeanor or aggravated misdemeanor pursuant to § 717B.3, animal torture pursuant to § 717B.3A, injury to or interference with a police service dog pursuant to § 717B.9, bestiality pursuant to § 717C.1, or an act involving a contest event prohibited in § 717D.2.
94 Acts, ch 1103, §13; 2008 Acts, ch 1058, §20; 2020 Acts, ch 1111, §5
Referred to in §162.10A, 717B.1, 717B.3, 717B.3A, 717B.3B
1. A person commits animal abuse when the person intentionally, knowingly, or recklessly acts to inflict injury, serious injury, or death on an animal by force, violence, or poisoning.
2. This section shall not apply to any of the following:
a. An owner of the animal, or a person acting with the consent of the owner, who euthanizes an animal in a reasonable manner, if at the time of the euthanasia, the animal is in a state of permanent pain or suffering.
b. A person acting to carry out an order issued by a court.
c. A veterinarian practicing veterinary medicine as provided in chapter 169.
d. A person acting in order to carry out another provision of law which allows the conduct.
e. A person taking, hunting, trapping, or fishing for a wild animal as provided in chapter
481A.
f. A person acting to protect the person’s property from a wild animal as defined in section
481A.1.
g. A person acting to protect a person from injury or death caused by a wild animal as defined in § 481A.1.
h. A person reasonably acting to protect the person’s property from damage caused by an unconfined animal.
i. A person reasonably acting to protect a person from injury or death caused by an unconfined animal.
j. A local authority reasonably acting to destroy an animal, if at the time of the destruction, the owner of the animal is absent or unable to care for the animal, and the animal is permanently distressed by disease or injury to a degree that would result in severe and prolonged suffering.
k. A research facility, as defined in § 162.2, if the research facility has been issued or renewed a valid authorization by the department pursuant to chapter 162, and performs functions within the scope of accepted practices and disciplines associated with the research facility.
l. An act required to be carried out by a commercial establishment to care for an animal in its possession or under its control as described in § 162.10A, subsection 1, provided that the commercial establishment complies with applicable standard of care requirements pursuant to subsections 1 and 2 of that section.
3. A person who commits animal abuse that causes injury, other than serious injury or death, to an animal is guilty of a serious misdemeanor.
4. A person who commits animal abuse that causes serious injury or death to an animal is guilty of an aggravated misdemeanor.
5. Notwithstanding subsection 4, a person who commits animal abuse that causes serious injury or death to an animal is guilty of a class “”D”” felony if the person has previously been convicted of committing animal abuse pursuant to this section, animal neglect punishable as a serious misdemeanor or aggravated misdemeanor pursuant to § 717B.3, animal torture pursuant to § 717B.3A, injury to or interference with a police service dog pursuant to § 717B.9, bestiality pursuant to § 717C.1, or an act involving a contest event prohibited in § 717D.2.
94 Acts, ch 1103, §13; 2008 Acts, ch 1058, §20; 2020 Acts, ch 1111, §5
Referred to in §162.10A, 717B.1, 717B.3, 717B.3A, 717B.3B