§102.1. Cruelty to animals; simple and aggravated
A.(1) Any person who intentionally or with criminal negligence commits any of the
following shall be guilty of simple cruelty to animals:
(a) Overdrives, overloads, drives when overloaded, or overworks a living animal.
(b) Torments, cruelly beats, or unjustifiably injures any living animal, whether
belonging to himself or another.
(c) Having charge, custody, or possession of any animal, either as owner or
otherwise, unjustifiably fails to provide it with proper food, proper drink, proper shelter, or
proper veterinary care.
(d) Abandons any animal. A person shall not be considered to have abandoned an
animal if he delivers to an animal control center an animal which he found running at large.
(e) Impounds or confines or causes to be impounded or confined in a pound or other
place, a living animal and fails to supply it during such confinement with proper food, proper
drink, and proper shelter.
(f) Carries, or causes to be carried, a living animal in or upon a vehicle or otherwise,
in a cruel or inhumane manner.
(g) Unjustifiably administers any poisonous or noxious drug or substance to any
domestic animal or unjustifiably exposes any such drug or substance, with intent that the
same shall be taken or swallowed by any domestic animal.
(h) Injures any animal belonging to another person.
(i) Mistreats any living animal by any act or omission whereby unnecessary or
unjustifiable physical pain, suffering or death is caused to or permitted upon the animal.
(j) Causes or procures to be done by any person any act enumerated in this
Subsection.
(2)(a) Whoever commits the crime of simple cruelty to animals shall be fined not
more than one thousand dollars or imprisoned for not more than six months, or both. The
court may also order the offender to pay for any expenses incurred for the housing of the
animal and for medical treatment of the animal, pursuant to Code of Criminal Procedure
Article 883.2. In addition, the court may issue an order prohibiting the defendant from
owning or keeping animals for a period of not more than one year.
(b) Whoever commits a second or subsequent offense of simple cruelty to animals
shall be fined not less than five thousand dollars nor more than twenty-five thousand dollars
or imprisoned, with or without hard labor, for not less than one year nor more than ten years,
or both. In addition, the court may issue an order prohibiting the defendant from owning or
keeping animals for a period of not more than five years.
(c) In addition to any other penalty imposed, a person who commits the crime of
cruelty to animals shall be ordered to perform five eight-hour days of court-approved
community service. The community service requirement shall not be suspended.
(d) In addition to any other penalty imposed, the court may order a psychological
evaluation or anger management treatment for a first conviction of the crime of simple
cruelty to animals. For a second or subsequent offense of the crime of simple cruelty to an
animal, the court shall order a psychological evaluation or anger management treatment.
Any costs associated with any evaluation or treatment ordered by the court shall be borne by
the defendant.
(3) For purposes of this Subsection, if more than one animal is subject to an act of
cruel treatment by an offender, each act shall constitute a separate offense.
B.(1) Any person who intentionally or with criminal negligence tortures, maims, or
mutilates any living animal, whether belonging to himself or another, shall be guilty of
aggravated cruelty to animals.
(2) Any person who tampers with livestock at a public livestock exhibition or at a
private sale shall also be guilty of aggravated cruelty to animals.
(3) Any person who causes or procures to be done by any person any act designated
in this Subsection shall also be guilty of aggravated cruelty to animals.
(4) Any person who intentionally or with criminal negligence mistreats any living
animal whether belonging to himself or another by any act or omission which causes or
permits unnecessary or unjustifiable physical pain, suffering, or death to the animal shall also
be guilty of aggravated cruelty to animals.
(5) In addition to any other penalty imposed for a violation of this Subsection, the
offender shall be ordered to undergo a psychological evaluation and subsequently
recommended psychological treatment and may be banned by court order from owning or
keeping animals for a period of not more than ten years. Any costs associated with any
evaluation or treatment ordered by the court shall be borne by the defendant.
(6) Whoever commits the crime of aggravated cruelty to animals shall be fined not
less than five thousand dollars nor more than twenty-five thousand dollars or imprisoned,
with or without hard labor, for not less than one year nor more than ten years, or both.
(7) For purposes of this Subsection, where more than one animal is tortured,
maimed, mutilated, or maliciously killed1 or where more than one head of livestock is
tampered with, each act comprises a separate offense.
C. This Section shall not apply to any of the following:
(1) The lawful hunting or trapping of wildlife as provided by law.
(2) Herding of domestic animals.
(3) Accepted veterinary practices.
(4) Activities carried on for scientific or medical research governed by accepted
standards.
(5) Traditional rural Mardi Gras parades, processions, or runs involving chickens.
(6) Nothing in this Section shall prohibit the standard transportation and agricultural
processing of agriculture products as defined in R.S. 3:3602(5) and (6).
D. Repealed by Acts 2007, No. 425, §2, eff. August 15, 2008.
Added by Acts 1982, No. 431, §1. Acts 1983, 1st Ex. Sess., No. 6, §1; Acts 1987,
No. 336, §1; Acts 1995, No. 1165, §1; Acts 1995, No. 1246, §1, eff. June 29, 1995; Acts
1997, No. 461, §2; Acts 1997, No. 1212, §1; Acts 2006, No. 228, §1; Acts 2007, No. 425,
§§1 and 2, eff. Aug. 15, 2008; Acts 2009, No. 106, §1; Acts 2009, No. 179, §1; Acts 2022,
No. 629, §1; Acts 2024, No. 551, §1.
1As appears in enrolled bill.