Subdivision 1. The animal cruelty statute, Section 30-18-1, applies to all animals except insects or reptiles. Subscribe to Justia's States’ Animal Cruelty Statutes . visions in their animal cruelty statutes. The bill, called the Preventing Animal Cruelty and Torture Act, makes intentional acts of cruelty to animals federal crimes carrying penalties of up to seven years in prison. The southern state was named the worst to be an animal, according to a new report. As used in this section, "animal" does not include insects or reptiles. §. PENAL CODE TITLE 9. Each of the 50 states and the District of Columbia has enacted its own unique animal anti-cruelty statute. New Mexico Statutes and Court Rules 38; Expungement 36; Electronic Resources in New Mexico 30; Free, online public access to the master database of official state laws, published by the New Mexico Compilation Commission, is now available to the citizens of New Mexico. Since 1979, APNM has been advocating for animals by effecting systemic change, working towards the humane treatment of all animals. — 4 Am. The statute also states that adult offenders convicted of cruelty or extreme cruelty to animals may be referred for psychological counseling. — Where plaintiffs alleged past attendance at cockfights and that the ban on cockfighting would prevent them from future attendance at events plaintiffs considered to be an aspect of cultural expression, plaintiffs had no standing to challenge the constitutionality of 30-18-1 NMSA 1978 because there is no credible threat of prosecution related to mere attendance at cockfighting. Pennsylvania’s animal cruelty code was originally drafted in 1983. The New Mexico Supreme Court ruled in an unpublished opinion Case No. This document lists each animal protection law and the procedural sections with which officers must comply when enforcing a provision of that law. These are enforced only within the state or location where they operate. State v. Parson, 2005-NMCA-083, 137 N.M. 773, 115 P.3d 236. King, 2009-NMCA-088, 146 N.M. 758, 215 P.3d 67, cert. State v. Buford, 1958-NMSC-129, 65 N.M. 51, 331 P.2d 1110 (decided under prior law). Disclaimer: These codes may not be the most recent version. The convicted person could be made to pay for the cost of care of the animal. denied, 2009-NMCERT-007, 147 N.M. 361, 223 P.3d 358. Animals and Livestock. States’ Animal Cruelty Statutes STATE OF NEW MEXICO Current through the end of the First Regular and Special Sessions of the 53rd Legislature (2017). E. Extreme cruelty to animals consists of a person: (1) intentionally or maliciously torturing, mutilating, injuring or poisoning an animal; or Cockfighting. Am. N.M. Gamefowl Assn., Inc. v. State of N.M. ex rel. State v. Cleve, 1999-NMSC-017, 127 N.M. 240, 980 P.2d 23. In California, animal cruelty laws extend protection to animals sold in food markets, prohibiting market owners from dismembering, flaying, cutting open, or defeathering an animal while it is still alive. Search New Mexico Statutes. State ex rel. No standing based on economic injury. N.M. Gamefowl Assn., Inc. v. State ex rel. F. Whoever commits extreme cruelty to animals is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. Conviction: A judgement of guilt against a criminal defendant. As used in this section, "animal" does not include insects or reptiles. By Nancy E. Halpern, D.V.M. Torture. Free, online public access to the master database of official state laws, published by the New Mexico Compilation Commission, is now available to the citizens of New Mexico. New Mexico… The dairy is a supplier for Leprino Foods, the self-proclaimed "world's largest mozzarella cheese producer. 18-72441 (9th Cir. This chapter contains New Mexico’s general animal protection and related statutes with an effective date on or before September 1, 2018. New Mexico lawmaker wants to make animal cruelty a felony - Source: http://krqe.com/2017/01/25/new-mexico-lawmaker-wants-to-make-animal-cruelty-a-felony/ Animals included. Unlike other states, New Mexico does not define “animal” within its cruelty to animals statute. Several other laws concern animals on the state and local levels. When applicable, relevant case law from New Mexico follows each law. King, 2009-NMCA-088, 146 N.M. 758, 215 P.3d 67, cert. Moreover, cruelty to a dog or cat is a Class A Misdemeanor. — Where defendant was charged with extreme cruelty to animals, evidence that of the eight dogs that defendant was convicted of subjecting to extreme cruelty, all eight were without clean water, seven were underweight, one was emaciated, five were severely emaciated, six had obvious scarring consistent with staged dogfighting, six had open wounds and untreated sores, one had a severe eye injury, two had advanced heart worm disease, one was infested with ticks, three had large painful tumors or masses, two exhibited obvious signs of serious illness, and four had teeth that were cut or filed to the gum line, making it extremely painful to eat or drink, was sufficient to support, beyond a reasonable doubt that defendant intentionally or maliciously tortured, mutilated or injured her dogs. State v. Duttle, 2017-NMCA-001, cert. NEW MEXICO STATUTES 1978 CHAPTER 30. Meaning of "torture" and "torment". Cruelty to animals is illegal in New York, as it is across the country. Associational standing. A failure by a veterinarian to make a report of animal cruelty shall not constitute grounds for disciplinary action under G.S. §. Search by Keyword or Citation; Search by Keyword or Citation . Upon a fourth or subsequent conviction for committing cruelty to animals, the offender is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. Criminal Offenses § 30-18-1. C. As used in Subsection B of this section, "lawful justification" means: (1) humanely destroying a sick or injured animal; or. No third party standing. If the district court determines that there is a dispute regarding whether the defendant's conduct is a commonly accepted agricultural animal husbandry practice, the district court must order the livestock board to hold a Section 30-18-1 J NMSA 1978 hearing. The offender shall bear the expense of participating in an animal cruelty prevention program, animal cruelty education program or psychological counseling ordered by the court. Learn About New Mexico Statutes of Limitations . — Where plaintiffs alleged past attendance at cockfights and that the ban on cockfighting would prevent them from future attendance at events plaintiffs considered to be an aspect of cultural expression and alleged that persons who intend to participate in cockfighting would be injured, but provided no reason why a person who has violated 30-18-1 NMSA 1978 cannot challenge the constitutionality of the statute, plaintiffs had no third-party standing to challenge the constitutionality of Section 30-18-1 NMSA 1978. History: 1978 Comp., § 30-18-1, enacted by Laws 1999, ch. E. Extreme cruelty to animals consists of a person: (1) intentionally or maliciously torturing, mutilating, injuring or poisoning an animal; or Cruelty to animals occurs when a person mistreats, injures, kills without lawful justification or torments an animal or abandons or fails to provide necessary sustenance to an … Criminal animal protection laws in New Mexico are contained within Article 18 of Chapter 30. — No legislative intent appears to restrict the sanction of this section to any particular class of animals. SANTA FE, N.M. (KRQE) – A state lawmaker wants to make animal cruelty a felony. Rep. Daymon Ely said his bill is about making sure the law is strong, and doesn’t let people who commit these horrific crimes off the hook.. Current through the end of the First Regular and Special Sessions of the 53rd Legislature (2017). on September 23, 2018. As used in this section, “animal” does not include insects or reptiles. Damages for killing or injuring dog, 61 A.L.R.5th 635. 363. Sufficient evidence of cruelty to animals. The various provisions are organized into categories with the relevant part of each statute italicized. 107, § 1; 2001, ch. Anti-cruelty statutes do not give animals legal rights, but these laws are the main form of legal protection afforded to animals in our society. It says further that “any person, including employees of AACC (Albuquerque Animal Care Center), may be cited for cruelty … .” Further, the State of New Mexico provides in its laws that cruelty to animals includes abandoning or failing to provide necessary sustenance to an animal … — The district court in a criminal case in which the defendant is charged with animal cruelty is the proper forum to determine if a dispute exists regarding whether the defendant's conduct is a commonly accepted agricultural animal husbandry practice and to define the parameters of the dispute in order to ensure that the issues are fairly referred to the livestock board. 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