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Pennsylvania Anti-Cruelty Laws- As of May, 2001:

Title 18-Section 5511
Pennsylvania Anti-Cruelty Laws- As of May, 2001

Penalties

Summary offense: A summary conviction under Act 5511 involves a fine of not less than $50 or more than $750 and/or imprisonment for not more than 90 days. (Refer to Section 5511 (m.1) Additionally; Section 5511(m) permits the District Justice to order forfeiture or surrender of an abused animal.

The only exception to the fines mentioned above is within Section 5511.1 the law, which prohibits the use of live animals as prizes. Subsection 5511.1(d) dictates that a violation of this section is a summary offense, but that the maximum fine shall be not more than $250.

Misdemeanor of the second degree: Section 5511(a) (1) Killing, maiming, or poisoning domestic animals or zoo animals. A person commits a misdemeanor of the second degree if he willfully, and maliciously: Kills, maims, or disfigures any domestic animal or domestic fowl whether belonging to him or otherwise. Administers poison to or exposes poisonous substances with the intent to administer, harasses, annoys, injures, molests, or interferes with any “helper dog”. Any person convicted of violating the provisions of this paragraph shall be sentenced to pay a fine of not less than $500 or not more than $5,000.00 and or imprisonment not more than two (2) years or both.

Misdemeanor of the first degree: Within the cruelty law, a violation of Subsection 5511(2.1) (i), a person who commits a misdemeanor of the first degree if he willfully and maliciously: kills, maims, tortures, or disfigures any dog or cat, whether belonging to him or otherwise. Administers poison or exposes any poisonous substance to any dog or cat. Any person who commits a violation of these provisions of this paragraph shall be sentenced to pay a fine of not less than $1,000.00 or imprisonment of not more than two (2) years, or both. The court may also order a pre-sentence mental evaluation. A subsequent violation under this section shall be a felony of the third degree.

Felony of the third degree: A person commits a felony of the third degree if he willfully and maliciously: kills, maims, or disfigures any zoo animal in captivity, administers poison or exposes any poisonous substance with the intent to administer such poison, and /or injures, taunts, tortures, disables, strikes, kicks, beats or kills any police animal. A person also commits a third degree felony if he: for amusement or gain, causes, allows, or permits any animal to engage in animal fighting. Receives compensation for the admission of another person to any place kept or used for animal fighting. Owns, possesses, keeps, trains, promotes, purchases, or knowingly encourages, aids or assists therein; wagers on the outcome of an animal fight, pays for admission or attends and animal fight as a spectator, or knowingly permits any place under his control or possession to be kept or used for animal fighting. Any person convicted of violating this provision shall pay a fine of not more than $15,000.00 or imprisonment of not more than seven (7) years or both.

Section 5511. CRUELTY TO ANIMALS
(c) CRUELTY TO ANIMALS- A person commits a summary offense if he wantonly or cruelly ill-treats, overloads, beats or otherwise abuses any animal, or neglects any animal as to which he has a duty of care. Whether belonging to himself or otherwise, or abandons any animal, or deprives any animal of necessary sustenance, drink, shelter or veterinary care, or access to clean and sanitary shelter which will protect the animal against inclement weather and preserve the animal’s body heat and keep it dry, or keeps or uses, or in any way is connected with or interested in the management of, or receives money for the admission of any person to any place kept or used for the purpose of fighting or baiting any bull, bear, dog, cock or other creature, or encourages, aids or assists therein, or permits or suffers any place to be so kept or used. This subsection shall not apply to activity undertaken in normal agricultural operation.
(i) POWER TO INITIATE CRIMINAL PROCEEDINGS- If an agent of any society or association for the prevention of cruelty to animals, incorporated under the laws of the Commonwealth, views a violation of this section, he/she shall have the same powers to initiate criminal proceedings provided for police officers by the Pennsylvania Rules of Criminal Procedure. If an agent of any society or association for the prevention of cruelty to animals, incorporated under the laws of the Commonwealth, does not view but receives information concerning a violation of this section which constitutes a summary offense, he/she may institute criminal proceedings by filing a citation with the proper issuing authority. The agent shall not issue a summary citation to a defendant unless the agent viewed a violation.

INTENT IN CRUELTY CASE-While the act of cruelty must be wanton or cruel to make it a summary offense under the statue relating to cruelty, all persons are charged with an intent to do that which is necessarily follows as the result of a wanton or cruel act (to animals). If, therefore, the act causing the cruelty is wanton or cruel, the person committing the act is, in the eyes of the law, GUILTY of cruelty. Bishop on State Crimes, sec. 1113.

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to animals and the care of stray and unwanted animals. We are a 501(c)3 IRS Approved Charity.

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