Alabama Animal Welfare & Human Responsibilities
State law includes matters concerning animal abuse; veterinary care; euthanasia; animal fights; birds; hunting and fishing; wildlife protection; fisheries; livestock; fencing to prevent animals from running at large; disease control and quarantines; vaccinations; and many other subjects. All these laws are important, but many are relevant only to a specific element in the population and are unlikely to touch upon the lives of a person in the general population. This site addresses laws which pet parents, animal shelters, law enforcement officers, veterinarians, and those with jobs that regularly touch upon animal safety are likely to encounter during routine daily activities. Animals most likely to be encountered are dogs and cats.
State laws addressed by Pet Court may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via some other legal research service before relying on it for your legal needs.
Please remember, Pet Court is not providing legal advice. Pet Court converts the legal lingo used in laws into language which is understandable by non-lawyers. If you or anyone else have a specific question regarding the meaning of the law and its potential violation, please contact a lawyer to address your specific concerns.
In the Legalese column, five stars (*****) indicates that text not relevant to this animal welfare blog has been omitted.
Legalese
What Are Animals & Who Are People
§ 13A-11-152. Definitions.
As used in this article, the following terms shall have the following meanings:
(1) Animal. — Every living creature, domestic or wild, with the exception of man and animals used for illegal gaming purposes.
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(5) Person. — A human being, and where appropriate, a public or private corporation, an unincorporated corporation, a partnership, a government or a governmental instrumentality, or a private organization, association, coalition, federation, and its officers or spokespersons.
§ 13A-1-2. Definitions.
Unless different meanings are expressly specified in subsequent provisions of this title, the following terms shall have the following meanings:
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(4) Crime. — A misdemeanor or a felony.
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(8) Felony. — An offense for which a sentence to a term of imprisonment in excess of one year is authorized by this title.
(9) Misdemeanor. — An offense for which a sentence to a term of imprisonment not in excess of one year may be imposed.
(10) Offense. — Conduct for which a sentence to a term of imprisonment, or the death penalty, or to a fine is provided by any law of this state or by any law, local law, or ordinance of a political subdivision of this state.
(11) Person. — A human being, and where appropriate, a public or private corporation, an unincorporated association, a partnership, a government, or a governmental instrumentality.
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(13) Possess. — To have physical possession or otherwise to exercise dominion or control over tangible property.
(14) Serious physical injury. — Physical injury which creates a substantial risk of death, or which causes serious and protracted disfigurement, protracted impairment of health, or protracted loss or impairment of the function of any bodily organ.
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(16) Violation. — An offense for which a sentence to a term of imprisonment not in excess of 30 days may be imposed.
Cite as Code of Ala. § 13A-1-2
§ 13A-5-2. Penalties permitted or required.
(a) Every person convicted of a felony shall be sentenced by the court to imprisonment for a term authorized by Sections 13A-5-6, 13A-5-9 and 13A-5-10.
(b) In addition to imprisonment, every person convicted of a felony may be sentenced by the court to pay a fine authorized by Section 13A-5-11.
(c) Every person convicted of a misdemeanor or violation shall be sentenced by the court to:
(1) Imprisonment for a term authorized by Section 13A-5-7; or
(2) Pay a fine authorized by Section 13A-5-12; or
(3) Both such imprisonment and fine.
(d) Every person convicted of a felony, misdemeanor or violation, except for the commission of a criminal sex offense involving a child as defined in Section 15-20-21(5) [repealed: see now §§ 15-20A-4 and 15-20A-48], may be placed on probation as authorized by law.
(e) This article does not deprive a court of authority conferred by law to forfeit property, dissolve a corporation, suspend or cancel a license or permit, remove a person from office, cite for contempt or impose any other lawful civil penalty. Such a judgment, order or decree may be included as part of the sentence.
(f) Every person convicted of murder shall be sentenced by the court to imprisonment for a term, or to death or to life imprisonment without parole as authorized by subsection (c) of Section 13A-6-2.
Cite as Code of Ala. § 13A-5-2
§ 13A-5-4. Classification of offenses; designation.
(a) The particular classification of each felony defined in this title, except murder under Section 13A-6-2, is expressly designated in the chapter or article defining it. Any offense defined outside this title which is declared by law to be a felony without specification of its classification or punishment is punishable as a Class C felony.
(b) The particular classification of each misdemeanor defined in this title is expressly designated in the chapter or article defining it. Any offense defined outside this title which is declared by law to be a misdemeanor without specification as to classification or punishment is punishable as a Class C misdemeanor.
(c) Every violation defined in this title is expressly designated as such. Any offense defined outside this title without specification as to punishment or as to felony or misdemeanor is a violation.
Cite as Code of Ala. § 13A-5-4
§ 13A-5-6. Prison terms; felonies.
(a) Sentences for felonies shall be for a definite term of imprisonment, which imprisonment includes hard labor, within the following limitations:
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(3) For a Class C felony, not more than 10 years or less than 1 year and 1 day and must be in accordance with subsection (b) of Section 15-18-8 unless sentencing is pursuant to Section 13A-5-9 .
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(6) For a Class B or C felony in which a firearm or deadly weapon was used or attempted to be used in the commission of the felony, or a Class B felony sex offense involving a child as defined in Section 15-20A-4(26) , not less than 10 years.
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Cite as Code of Ala. § 13A-5-6
§ 13A-5-7. Prison terms; misdemeanors and violations.
(a) Sentences for misdemeanors shall be a definite term of imprisonment in the county jail or to hard labor for the county, within the following limitations:
(1) For a Class A misdemeanor, not more than one year.
(2) For a Class B misdemeanor, not more than six months.
(3) For a Class C misdemeanor, not more than three months.
(b) Sentences for violations shall be for a definite term of imprisonment in the county jail, not to exceed 30 days.
Cite as Code of Ala. § 13A-5-7
§ 13A-5-9. Repeat or habitual offenders; generally…
(a) In all cases when it is shown that a criminal defendant has been previously convicted of a Class A, Class B, or Class C felony and after the conviction has committed another Class A, Class B, or Class C felony, he or she must be punished as follows…
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Cite as Code of Ala. § 13A-5-9
§ 13A-5-11. Fines; felonies.
(a) A sentence to pay a fine for a felony shall be for a definite amount, fixed by the court, within the following limitations:
(1) For a Class A felony, not more than $60,000;
(2) For a Class B felony, not more than $30,000;
(3) For a Class C felony, not more than $15,000; or
(4) Any amount not exceeding double the pecuniary gain to the defendant or loss to the victim caused by the commission of the offense.
(b) As used in this section, “gain” means the amount of money or the value of property derived from the commission of the crime, less the amount of money or the value of property returned to the victim of the crime or seized or surrendered to lawful authority prior to the time sentence is imposed. “Value” shall be determined by the standards established in subdivision (14) of Section 13A-8-1.
(c) The court may conduct a hearing upon the issue of defendant’s gain or the victim’s loss from the crime according to procedures established by rule of court.
(d) This section shall not apply if a higher fine is otherwise authorized by law for a specific crime.
Cite as Code of Ala. § 13A-5-11
§ 13A-5-12. Fines; misdemeanors and violations.
(a) A sentence to pay a fine for a misdemeanor shall be for a definite amount, fixed by the court, within the following limitations:
(1) For a Class A misdemeanor, not more than $6,000;
(2) For a Class B misdemeanor, not more than $3,000;
(3) For a Class C misdemeanor, not more than $500; or
(4) Any amount not exceeding double the pecuniary gain to the defendant or loss to the victim caused by the commission of the offense.
(b) A sentence to pay a fine for a violation shall be for a definite amount, fixed by the court, not to exceed $200, or any amount not exceeding double the pecuniary gain to the defendant or loss to the victim caused by the commission of the offense.
(c) As used in this section, “gain” means the amount of money or the value of property derived from the commission of the crime, less the amount of money or the value of property returned to the victim of the crime or seized or surrendered to lawful authority prior to the time sentence is imposed. “Value” shall be determined by the standards established in subdivision (14) of Section 13A-8-1.
(d) The court may conduct a hearing upon the issue of defendant’s gain or the victim’s loss from the crime according to procedures established by rule of court.
Cite as Code of Ala. § 13A-5-12
§ 13A-2-2. Definitions.
The following definitions apply to this Criminal Code:
(1) Intentionally. — A person acts intentionally with respect to a result or to conduct described by a statute defining an offense, when his purpose is to cause that result or to engage in that conduct.
(2) Knowingly. — A person acts knowingly with respect to conduct or to a circumstance described by a statute defining an offense when he is aware that his conduct is of that nature or that the circumstance exists.
(3) Recklessly. — A person acts recklessly with respect to a result or to a circumstance described by a statute defining an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates a risk but is unaware thereof solely by reason of voluntary intoxication, as defined in subdivision (e)(2) of Section 13A-3-2, acts recklessly with respect thereto.
(4) Criminal negligence. — A person acts with criminal negligence with respect to a result or to a circumstance which is defined by statute as an offense when he fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation. A court or jury may consider statutes or ordinances regulating the defendant’s conduct as bearing upon the question of criminal negligence.
Cite as Code of Ala. § 13A-2-2
§ 13A-11-14. Cruelty to animals.
(a) A person commits the crime of cruelty to animals if, except as otherwise authorized by law, he or she recklessly or with criminal negligence:
(1) Subjects any animal to cruel mistreatment; or
(2) Subjects any animal in his or her custody to cruel neglect; or
(3) Kills or injures without good cause any animal belonging to another.
(b) Cruelty to animals is a Class A misdemeanor and on the first conviction of a violation of this section shall be punished by a fine of not more than three thousand dollars ($3,000) or imprisonment in the county jail for not more than one year, or both fine and imprisonment; on a second conviction of a violation of this section, shall be punished by a fine of not less than five hundred dollars ($500) nor more than three thousand dollars ($3,000) or imprisonment in the county jail for not more than one year, or both fine and imprisonment; and on a third or subsequent conviction of a violation of this section, shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than three thousand dollars ($3,000) or imprisonment in the county jail for not more than one year, or both fine and imprisonment.
Cite as Code of Ala. § 13A-11-14
English Translation
What Are Animals & Who Are People
“Animal” refers to every living creature, domestic or wild, with the exception of man and animals used for illegal gaming purposes. (There are specific laws dealing with animals used for illegal gaming purposes.)
The word “person” includes human beings, public or private corporations, unincorporated corporations, partnerships, government or governmental instrumentalities, private organizations, associations, coalitions, federations, and their officers or spokespersons.
These are general guidelines; there may be exceptions or variations, depending on the circumstances and criminal history of the convicted individual. There are other classifications of offenses which are not relevant to this blog.
Class C felony
A person convicted of a Class C Felony must be imprisoned, and the convicted person may be fined. Imprisonment cannot be for more than 10 years or less than one year and one day, and it may include hard labor. If a deadly weapon was used or attempted to be used in the commission of the crime, imprisonment may not be for less than 10 years. Extended prison terms must be imposed upon criminal defendants previously convicted of a felony. A fine may not exceed $15,000, or in the alternative, it may not exceed double the financial gain to the defendant or double the financial loss to the victim. Any offense which is declared to be a felony but does not specify a classification or punishment is considered a Class C felony. In addition to the other penalties, the convicted party may be ordered to forfeit possession or ownership of animals.
Habitual Felony Offender
Extended prison terms must be imposed upon criminal defendants previously convicted of a felony.
Class A misdemeanor
A person convicted of a Class A misdemeanor may be imprisoned in the county jail or fined or both. Imprisonment cannot be for more than one year, and it may include hard labor. The fine may not exceed $6000, or in the alternative, it may not exceed double the financial gain to the defendant or loss to the victim caused by the crime. In addition to the other penalties, the convicted party may be ordered to forfeit possession or ownership of animals.
Class B misdemeanor
A person convicted of a Class B misdemeanor may be imprisoned in the county jail or fined or both. Imprisonment cannot be for more than six months, and it may include hard labor. The fine may not exceed $3000, or in the alternative, it may not exceed double the financial gain to the defendant or loss to the victim caused by the crime. In addition to the other penalties, the convicted party may be ordered to forfeit possession or ownership of animals.
Class C misdemeanor
A person convicted of a Class C misdemeanor may be imprisoned in the county jail or fined or both. Imprisonment cannot be for more than three months, and it may include hard labor. The fine may not exceed $500, or in the alternative, it may not exceed double the financial gain to the defendant or loss to the victim caused by the crime. In addition to the other penalties, the convicted party may be ordered to forfeit possession or ownership of animals. Any offense which is declared to be a misdemeanor but does not specify a classification or punishment is considered a Class C misdemeanor.
Violations
Violations are not classified, but some laws designate an offense specifically as a violation. If a law does not specify an offense as a felony or misdemeanor, it is a violation. A person convicted of a violation may be imprisoned in the county jail or fined or both. Imprisonment cannot be for more than 30 days. The fine may not exceed $200, or in the alternative, it may not exceed double the financial gain to the defendant or loss to the victim caused by the crime.
Alabama laws specifically addressing animal cruelty are vague and replete with mystical words of criminal law origin. The mental state of someone accused of mistreating or neglecting an animal is essential in determining guilt, yet there is no specific definition of what it means to mistreat or neglect an animal. Consequences and penalties differ for mistreatment or neglect depending on whether a person acted “recklessly,” “with criminal negligence,” “knowingly,” or “intentionally.” Over the decades, these words used to describe the mental culpability of an accused person have been frequently used interchangeably and in many instances have been defined in different ways without distinction.
Author’s Note: The author is proud to say that he has done a remarkable job of extracting from the vagaries and legal mysticism a comprehensible explanation for Alabama’s animal cruelty law. However, it should be remembered that this explanation has simplified very complicated legal concepts.
What it boils down to is this: A reasonable person understands risks of harm that may result from his actions. A reasonable person will not step in front of an oncoming bus because he is aware that being hit by a bus could be painful, and a reasonable person tries to avoid pain. Similarly, a reasonable person will not throw a ball into a street and tell his dog to fetch the ball because of fear for the dog’s safety.
If an animal is injured or killed because a person acted unreasonably and consciously disregarded a risk which harms the animal, the crime of cruelty to animals has occurred. A violation of the law also occurs if a person is simply careless in perceiving the risk of harm that injures or kills an animal, and a reasonable person would have perceived the risk and avoided it.
The risk of harm can be an action or inaction. Leaving a dog in a sweltering hot car is an act which is criminal. Failing to provide a ferret with adequate food and water involves no action, but constitutes cruel neglect and is also a violation of this law.
There is an exemption from this law. It is not a violation of the law if a person kills or injures for good cause an animal belonging to someone else. The law does not explain “good cause,” but other laws related to animal welfare, discussed later in this publication, provide examples of instances that would be considered as “good cause.” Killing an unprovoked dog that was attacking a person on the person’s property or destroying an animal for humane purposes would be considered as exceptions to this law.
Author’s note: Under the exact wording of the law, the exemption for “good cause” applies only to animals belonging to someone else. However, it is probable that a court would not find someone in violation of the law if an owner had “good cause” for treating his own animal in a way that might otherwise be a violation of this law. In fact, a specific exemption which would constitute “good cause” exists for euthanizing a dog or cat, as discussed in the Cruelty to Dogs and Cats section of this publication. An owner of a dog or cat who euthanizes his animal for humane purposes will not be considered to have violated the law.
Cruelty to animals is a Class A misdemeanor. A convicted party may be imprisoned in the county jail or fined or both. On the first conviction, imprisonment cannot be for more than one year; a fine may be for no more than $3000. On the second conviction of this law, imprisonment cannot be for more than one year; a fine may be for no more than $3000 and no less than $500. On the third conviction, imprisonment cannot be for more than one year; a fine may be for no more than $3000 and no less than $1000. In addition to the other penalties, the convicted party may be ordered to forfeit possession or ownership of animals.
In one clear-cut case presented to the Alabama Court of Criminal Appeals, the court concluded that dogs suffering from mange, blindness, dehydration, parasites, infections, pneumonia and distemper was cruel mistreatment or cruel neglect or both. Despite testimony by the dogs’ owner that the dogs were provided with shelter, watered twice daily, and appropriately fed, he was convicted of animal cruelty . The dogs were removed from the owner’s property, taken to the local humane society, and humanely destroyed. La Rue v. State, 478 So. 2d 13, 1985 Ala. Crim. App. LEXIS 5720 (Ala. Crim. App. 1985).
Author’s Note: The City of Madison, Alabama, perhaps as a good model to the rest of the state, has demonstrated a commitment to the welfare of animals. Among other ordinances regarding the proper treatment of animals, the city has a comprehensive, detailed ordinance with specifics as to what constitutes mistreatment or neglect. Madison, Alabama Code of Ordinances Sec. 6-8. For example, an owner or custodian must provide adequate wholesome, nutritious food and potable water for any animal. Animals cannot be teased, molested, or harassed. Adequate shelter must be provided and they must be protected from weather extremes involving heat, cold, rain, wind, and sun.