House
File
2468
-
Introduced
HOUSE
FILE
2468
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
608)
A
BILL
FOR
An
Act
prohibiting
the
mistreatment
of
animals
other
than
1
livestock
and
wild
animals,
providing
for
the
rescue
of
2
animals
by
local
law
enforcement
agencies,
providing
for
3
criminal
offenses
and
court
orders,
and
including
penalties.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
717B.1,
Code
2018,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
3A.
“Convicted”
means
entry
of
a
judgment
3
of
conviction
under
chapter
901
or
adjudicated
delinquent
for
4
an
act
which
is
an
indictable
offense
in
this
state
or
in
5
another
state
under
chapter
232.
“Convicted”
does
not
mean
a
6
plea,
sentence,
adjudication,
deferred
sentence,
or
deferred
7
judgment
which
has
been
reversed
or
otherwise
set
aside.
8
NEW
SUBSECTION
.
4A.
“Euthanasia”
means
the
same
as
defined
9
in
section
162.2.
10
NEW
SUBSECTION
.
4B.
“Injury”
means
a
serious
or
permanent
11
functional
impairment
to
an
animal’s
health
or
functions,
12
including
physical
damage
or
harm
to
an
animal’s
muscle,
13
tissue,
organs,
bones,
hide,
or
skin,
protracted
disfigurement
14
or
permanent
impairment
of
health,
or
protracted
loss
or
15
impairment
of
the
function
of
a
limb
or
organ.
16
Sec.
2.
Section
717B.2,
Code
2018,
is
amended
to
read
as
17
follows:
18
717B.2
Animal
abuse
——
penalties
.
19
1.
A
person
is
guilty
of
animal
abuse
if
the
person
20
intentionally
injures,
maims,
disfigures,
or
destroys
an
animal
21
owned
by
another
person,
in
any
manner,
including
intentionally
22
poisoning
the
animal
commits
animal
abuse
when
the
person
23
knowingly
or
recklessly
causes
injury
or
death
to
an
animal
by
24
force,
violence,
or
poisoning
.
A
person
guilty
of
animal
abuse
25
is
guilty
of
an
aggravated
misdemeanor.
26
2.
This
section
shall
not
apply
to
conduct
engaged
in
by
any
27
of
the
following:
28
1.
A
person
acting
with
the
consent
of
the
person
owning
29
the
animal,
unless
the
action
constitutes
animal
neglect
as
30
provided
in
section
717B.3
.
31
a.
An
animal
owner
or
a
person
acting
with
the
consent
of
32
the
animal
owner
who
euthanizes
an
animal
that
is
of
such
age
33
or
condition
that
natural
death
is
imminent
or
expected
in
the
34
near
future.
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2.
b.
A
person
acting
to
carry
out
an
order
issued
by
a
1
court.
2
3.
c.
A
licensed
veterinarian
practicing
veterinary
3
medicine
as
provided
in
chapter
169
.
4
4.
d.
A
person
acting
in
order
to
carry
out
another
5
provision
of
law
which
allows
the
conduct.
6
5.
e.
A
person
taking,
hunting,
trapping,
or
fishing
for
a
7
wild
animal
as
provided
in
chapter
481A
.
8
6.
f.
A
person
acting
to
protect
the
person’s
property
from
9
a
wild
animal
as
defined
in
section
481A.1
.
10
7.
g.
A
person
acting
to
protect
a
person
from
injury
or
11
death
caused
by
a
wild
animal
as
defined
in
section
481A.1
.
12
8.
h.
A
person
reasonably
acting
to
protect
the
person’s
13
property
from
damage
caused
by
an
unconfined
animal.
14
9.
i.
A
person
reasonably
acting
to
protect
a
person
from
15
injury
or
death
caused
by
an
unconfined
animal.
16
10.
j.
A
local
authority
reasonably
acting
to
destroy
an
17
animal,
if
at
the
time
of
the
destruction,
the
owner
of
the
18
animal
is
absent
or
unable
to
care
for
the
animal,
and
the
19
animal
is
permanently
distressed
by
disease
or
injury
to
a
20
degree
that
would
result
in
severe
and
prolonged
suffering.
21
11.
k.
A
research
facility,
as
defined
in
section
162.2
,
22
provided
that
the
research
facility
performs
functions
within
23
the
scope
of
accepted
practices
and
disciplines
associated
with
24
the
research
facility.
25
3.
A
person
who
commits
animal
abuse
that
causes
injury
to
26
an
animal
is
guilty
of
a
serious
misdemeanor.
27
4.
A
person
who
commits
animal
abuse
that
causes
death
to
an
28
animal
is
guilty
of
an
aggravated
misdemeanor.
29
5.
Notwithstanding
subsection
4,
a
person
who
commits
30
animal
abuse
that
causes
death
to
an
animal
is
guilty
of
a
31
class
“D”
felony
if
the
person
has
previously
been
convicted
32
of
committing
animal
abuse
pursuant
to
this
section,
animal
33
neglect
pursuant
to
section
717B.3,
animal
torture
pursuant
34
to
section
717B.3A,
injury
to
or
interference
with
a
police
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service
dog
pursuant
to
section
717B.9,
bestiality
pursuant
to
1
section
717C.1,
or
an
act
involving
a
contest
event
prohibited
2
in
section
717D.2.
3
Sec.
3.
Section
717B.3,
Code
2018,
is
amended
to
read
as
4
follows:
5
717B.3
Animal
neglect
——
penalties
.
6
1.
A
person
who
impounds
or
commits
animal
neglect
when
7
the
person
owns
or
has
custody
of
an
animal,
confines
,
in
any
8
place,
an
that
animal
,
is
guilty
of
animal
neglect
if
the
9
person
does
any
of
the
following:
10
a.
Fails
and
knowingly
or
recklessly
fails
to
supply
the
11
animal
during
confinement
with
a
sufficient
quantity
of
food
or
12
water.
provide
the
animal
with
any
of
the
following:
13
a.
Access
to
food
in
an
amount
and
quality
reasonably
14
sufficient
to
satisfy
the
animal’s
basic
nutrition
level
to
the
15
extent
that
the
animal’s
health
or
life
is
endangered.
16
b.
Fails
to
provide
a
confined
dog
or
cat
with
adequate
17
shelter.
Access
to
a
supply
of
potable
water
in
an
amount
18
reasonably
sufficient
to
satisfy
the
animal’s
basic
hydration
19
level
to
the
extent
that
the
animal’s
health
or
life
is
20
endangered.
Access
to
snow
or
ice
does
not
satisfy
this
21
requirement.
22
c.
Tortures,
deprives
of
necessary
sustenance,
mutilates,
23
beats,
or
kills
an
animal
by
any
means
which
causes
unjustified
24
pain,
distress,
or
suffering.
Sanitary
conditions
free
from
25
excessive
animal
waste
or
the
overcrowding
of
animals
to
the
26
extent
that
the
animal’s
health
or
life
is
endangered.
27
d.
Ventilated
shelter
reasonably
sufficient
to
provide
28
adequate
protection
from
the
elements
and
weather
conditions
29
suitable
for
the
age,
species,
and
physical
condition
of
the
30
animal
so
as
to
maintain
the
animal
in
a
state
of
good
health
31
to
the
extent
that
the
animal’s
health
or
life
is
endangered.
32
The
shelter
must
protect
the
animal
from
wind,
rain,
snow,
or
33
sun
and
have
adequate
bedding
to
provide
reasonable
protection
34
against
cold
and
dampness.
A
shelter
may
include
a
residence,
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garage,
barn,
shed,
or
doghouse.
1
e.
(1)
Veterinary
care
deemed
reasonably
necessary
to
2
relieve
an
animal’s
distress
from
any
of
the
following:
3
(a)
A
condition
caused
by
failing
to
provide
for
the
4
animal’s
welfare
as
described
in
paragraphs
“a”
through
“d”
.
5
(b)
An
injury
or
serious
illness
suffered
by
the
animal
6
causing
the
animal
to
suffer
prolonged
pain
and
suffering.
7
(2)
This
paragraph
“e”
does
not
apply
to
an
animal
for
which
8
the
cost
of
such
veterinary
care
is
not
reasonably
affordable
9
by
the
animal’s
owner,
so
long
as
the
animal’s
owner
makes
10
appropriate
and
reasonable
arrangements
to
transfer
ownership
11
and
possession
of
the
animal
to
a
person
who
agrees
to
provide
12
such
care,
or
the
animal’s
owner
euthanizes
the
animal
if
13
the
animal
suffers
from
a
terminal
illness
or
injury
or
is
14
sufficiently
injured
or
ill
and
no
reasonable
probability
15
exists
that
reasonable
veterinary
care
will
alleviate
the
16
injury
or
illness.
17
2.
This
section
does
not
apply
to
conduct
engaged
in
by
a
18
research
facility,
as
defined
in
section
162.2
,
provided
that
19
if
the
research
facility
performs
functions
within
the
scope
of
20
accepted
practices
and
disciplines
associated
with
the
research
21
facility.
22
3.
A
person
who
negligently
or
intentionally
commits
the
23
offense
of
animal
neglect
that
does
not
cause
injury
or
death
24
to
an
animal
is
guilty
of
a
simple
misdemeanor.
A
person
who
25
intentionally
commits
the
offense
of
animal
neglect
which
26
results
in
serious
injury
to
or
the
death
of
an
animal
is
27
guilty
of
a
serious
misdemeanor.
28
4.
A
person
who
commits
animal
neglect
that
causes
injury
to
29
an
animal
is
guilty
of
a
serious
misdemeanor.
30
5.
A
person
who
commits
animal
neglect
which
causes
death
to
31
an
animal
is
guilty
of
an
aggravated
misdemeanor.
32
6.
Notwithstanding
subsection
5,
a
person
who
commits
33
animal
neglect
which
causes
injury
or
death
to
an
animal
is
34
guilty
of
a
class
“D”
felony
if
the
person
has
been
previously
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convicted
of
animal
abuse
pursuant
to
section
717B.2,
animal
1
neglect
pursuant
to
this
section,
animal
torture
pursuant
2
to
section
717B.3A,
injury
to
or
interference
with
a
police
3
service
dog
pursuant
to
section
717B.9,
bestiality
pursuant
to
4
section
717C.1,
or
an
act
involving
a
contest
event
prohibited
5
in
section
717D.2.
6
Sec.
4.
Section
717B.3A,
Code
2018,
is
amended
to
read
as
7
follows:
8
717B.3A
Animal
torture
——
penalties
.
9
1.
A
person
is
guilty
of
animal
torture
,
regardless
of
10
whether
the
person
is
the
owner
of
the
animal,
if
when
the
11
person
inflicts
upon
the
animal
severe
and
prolonged
or
12
repeated
physical
pain
with
a
depraved
or
sadistic
intent
13
to
cause
that
results
in
the
animal’s
prolonged
or
repeated
14
suffering
and
injury,
or
death.
15
2.
This
section
shall
not
apply
to
conduct
engaged
in
by
any
16
of
the
following:
17
a.
A
person
acting
to
carry
out
an
order
issued
by
a
court.
18
b.
A
licensed
veterinarian
practicing
veterinary
medicine
as
19
provided
in
chapter
169
.
20
c.
A
person
carrying
out
a
practice
that
is
consistent
with
21
animal
husbandry
practices.
22
d.
A
person
acting
in
order
to
carry
out
another
provision
23
of
law
which
allows
the
conduct.
24
e.
A
person
taking,
hunting,
trapping,
or
fishing
for
a
wild
25
animal
as
provided
in
chapter
481A
.
26
f.
A
person
acting
to
protect
the
person’s
property
from
a
27
wild
animal
as
defined
in
section
481A.1
.
28
g.
A
person
acting
to
protect
a
person
from
injury
or
death
29
caused
by
a
wild
animal
as
defined
in
section
481A.1
.
30
h.
A
person
reasonably
acting
to
protect
the
person’s
31
property
from
damage
caused
by
an
unconfined
animal.
32
i.
A
person
reasonably
acting
to
protect
a
person
from
33
injury
or
death
caused
by
an
unconfined
animal.
34
j.
A
local
authority
reasonably
acting
to
destroy
an
animal,
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if
at
the
time
of
the
destruction,
the
owner
of
the
animal
is
1
absent
or
unable
to
care
for
the
animal,
and
the
animal
is
2
permanently
distressed
by
disease
or
injury
to
a
degree
that
3
would
result
in
severe
and
prolonged
suffering.
4
k.
A
research
facility,
as
defined
in
section
162.2
,
5
provided
that
the
research
facility
performs
functions
within
6
the
scope
of
accepted
practices
and
disciplines
associated
with
7
the
research
facility.
8
3.
a.
The
following
shall
apply
to
a
person
who
commits
9
animal
torture:
10
(1)
For
the
first
conviction,
the
person
is
guilty
of
an
11
aggravated
misdemeanor.
The
sentencing
order
shall
provide
12
that
the
person
submit
to
psychological
evaluation
and
13
treatment
according
to
terms
required
by
the
court.
The
costs
14
of
the
evaluation
and
treatment
shall
be
paid
by
the
person.
15
In
addition,
the
sentencing
order
shall
provide
that
the
person
16
complete
a
community
work
requirement,
which
may
include
a
work
17
requirement
performed
at
an
animal
shelter
or
pound,
as
defined
18
in
section
162.2
,
according
to
terms
required
by
the
court.
19
(2)
For
a
second
or
subsequent
conviction,
the
person
is
20
guilty
of
a
class
“D”
felony.
The
sentencing
order
shall
21
provide
that
the
person
submit
to
psychological
evaluation
and
22
treatment
according
to
terms
required
by
the
court.
The
costs
23
of
the
psychological
evaluation
and
treatment
shall
be
paid
by
24
the
person.
25
b.
The
juvenile
court
shall
have
exclusive
original
26
jurisdiction
in
a
proceeding
concerning
a
child
who
is
alleged
27
to
have
committed
animal
torture,
in
the
manner
provided
in
28
section
232.8
.
The
juvenile
court
shall
not
waive
jurisdiction
29
in
a
proceeding
concerning
an
offense
alleged
to
have
been
30
committed
by
a
child
under
the
age
of
seventeen.
31
4.
A
person
who
commits
animal
torture
is
guilty
of
an
32
aggravated
misdemeanor,
provided,
however,
that
the
person
33
has
not
been
previously
convicted
of
committing
animal
abuse
34
pursuant
to
section
717B.2,
animal
neglect
pursuant
to
section
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717B.3,
or
animal
torture
pursuant
to
this
section.
1
5.
Notwithstanding
subsection
4,
a
person
who
commits
2
animal
torture
is
guilty
of
a
class
“D”
felony
if
the
person
3
has
previously
been
convicted
of
committing
animal
abuse
4
pursuant
to
section
717B.2,
animal
neglect
pursuant
to
section
5
717B.3,
animal
torture
pursuant
to
this
section,
injury
to
or
6
interference
with
a
police
service
dog
pursuant
to
section
7
717B.9,
bestiality
pursuant
to
section
717C.1,
or
an
act
8
involving
a
contest
event
prohibited
in
section
717D.2.
9
Sec.
5.
NEW
SECTION
.
717B.3B
Animal
mistreatment
——
court
10
order
——
evaluation
and
treatment.
11
1.
At
the
time
of
a
person’s
conviction
for
animal
abuse
12
pursuant
to
section
717B.2
or
animal
torture
pursuant
to
13
section
717B.3A,
a
court
may
enter
an
order
requiring
the
14
person
to
undergo
a
psychological
or
psychiatric
evaluation
15
and
to
undergo
any
treatment
that
the
court
determines
to
16
be
appropriate
after
due
consideration
of
the
evaluation.
17
However,
the
court
shall
enter
such
an
order
if
the
convicted
18
person
is
any
of
the
following:
19
a.
A
juvenile.
20
b.
An
adult
committing
animal
abuse
pursuant
to
section
21
717B.2
or
animal
torture
pursuant
to
section
717B.3A.
22
2.
The
costs
of
undergoing
a
psychological
or
psychiatric
23
evaluation
and
undergoing
any
treatment
ordered
by
the
court
24
shall
be
borne
by
the
convicted
person,
unless
the
person
is
25
a
juvenile.
26
3.
An
order
made
under
this
section
is
in
addition
to
any
27
other
order
or
sentence
of
the
court.
28
4.
Any
violation
of
the
court
order
shall
be
punished
as
29
contempt
of
court
pursuant
to
chapter
665.
30
Sec.
6.
NEW
SECTION
.
717B.3C
Animal
mistreatment
——
31
sentencing
order
——
prohibitions.
32
1.
At
the
time
of
a
person’s
sentencing
for
a
public
offense
33
committed
under
this
chapter,
a
court
may
prohibit
the
person
34
from
owning
or
obtaining
custody
of
an
animal
or
residing
in
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the
same
dwelling
where
an
animal
is
kept.
The
period
of
the
1
prohibition
shall
be
not
less
than
one
year.
2
2.
Notwithstanding
subsection
1,
the
court
shall
enter
3
such
an
order
if
the
convicted
person
has
committed
animal
4
abuse
pursuant
to
section
717B.2
or
animal
torture
pursuant
to
5
section
717B.3A.
The
period
of
such
prohibition
shall
be
not
6
less
than
five
years.
7
3.
The
duration
of
a
prohibition
described
in
this
8
section
commences
on
the
date
that
the
person
is
placed
on
9
probation,
released
on
parole
or
work
release,
or
released
from
10
incarceration
or
from
placement
in
a
juvenile
facility.
11
4.
An
order
made
pursuant
to
this
section
is
in
addition
to
12
any
other
order
or
sentence
of
the
court.
13
5.
Any
violation
of
the
court
order
described
in
this
14
section
is
a
public
offense
and
shall
be
punished
as
a
simple
15
misdemeanor.
16
Sec.
7.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
17
3,
shall
not
apply
to
this
Act.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
GENERAL.
This
bill
amends
Code
chapter
717B
prohibiting
22
the
mistreatment
of
certain
animals,
including
dogs
and
cats,
23
but
excluding
other
animals
such
as
livestock
(Code
chapter
24
717);
game,
fur-bearing
animals,
fish,
reptiles,
or
amphibians
25
(Code
chapter
481A),
unless
such
animal
is
owned,
confined,
26
or
controlled
by
a
person;
or
a
nongame
animal
declared
to
be
27
a
nuisance
by
the
natural
resource
commission
(Code
section
28
481A.42).
29
NAMED
OFFENSES.
The
bill
amends
three
different
criminal
30
offenses
in
Code
chapter
717B,
animal
abuse
(Code
section
31
717B.2),
animal
neglect
(Code
section
717B.3),
and
animal
32
torture
(Code
section
717B.3A).
Under
the
bill,
each
of
33
the
offenses
includes
an
enhanced
penalty
that
applies
to
a
34
convicted
person
who
has
previously
committed
any
of
the
three
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offenses.
The
enhanced
penalty
also
applies
if
the
convicted
1
person
previously
committed
three
other
named
offenses:
injury
2
to
or
interference
with
a
police
service
dog
(Code
section
3
717B.9);
bestiality
(Code
section
717C.1);
or
an
act
involving
4
an
animal
contest
(Code
section
717D.2).
5
THREATENED
ANIMALS
——
RESCUE.
Currently,
a
local
law
6
enforcement
officer
and
local
authority
may
rescue
an
animal
7
if
there
is
cause
to
believe
that
an
animal
is
threatened
with
8
abuse,
neglect,
or
torture
as
these
offenses
have
been
amended
9
(Code
sections
717B.2
and
717B.5).
The
bill
has
revised
10
the
elements
or
exceptions
for
each
of
those
offenses
(Code
11
sections
717B.2,
717B.3,
and
717B.3A).
12
CRIMINAL
OFFENSES
——
ABUSE.
Currently,
animal
abuse
13
involves
intentionally
injuring
an
animal
by
violence
or
14
poisoning.
The
bill
replaces
the
intent
element
with
that
of
15
acting
knowingly
or
recklessly.
It
also
removes
a
provision
16
that
exempted
a
person
who
acted
with
the
consent
of
the
17
animal’s
owner.
A
new
exception
applies
to
a
person
who
18
euthanizes
an
animal
due
to
age
or
condition.
The
bill
reduces
19
the
penalty
from
an
aggravated
to
a
serious
misdemeanor
for
20
committing
animal
abuse
that
causes
injury
and
retains
the
21
penalty
of
aggravated
misdemeanor
for
committing
animal
abuse
22
that
causes
death.
The
bill
provides
that
the
aggravated
23
misdemeanor
is
enhanced
to
a
class
“D”
felony
if
the
person
was
24
previously
convicted
of
one
of
the
named
offenses.
25
CRIMINAL
OFFENSES
——
NEGLECT.
Currently,
animal
neglect
26
involves
failing
to
provide
an
animal
with
adequate
food,
27
water,
or
shelter,
or
torturing
the
animal.
The
bill
rewrites
28
these
requirements
by
requiring
that
an
animal
be
furnished
29
with
a
number
of
items
including
adequate
supplies
of
30
nutritional
food,
access
to
potable
water,
adequate
sanitary
31
conditions,
ventilated
shelter
sufficient
to
provide
the
32
animal
with
protection
from
extreme
weather
conditions,
and,
33
subject
to
certain
exceptions,
necessary
veterinary
care.
34
The
bill
requires
that
a
person
must
knowingly
or
recklessly
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fail
to
provide
an
animal
with
any
of
these
items.
The
bill
1
eliminates
the
torture
element.
The
bill
retains
the
criminal
2
penalty
which
is
a
simple
misdemeanor.
However,
the
penalty
is
3
increased
to
a
serious
misdemeanor
if
the
offense
causes
injury
4
and
to
an
aggravated
misdemeanor
if
the
neglect
causes
death.
5
In
a
case
where
the
animal
is
injured
or
dies,
the
aggravated
6
misdemeanor
is
enhanced
to
a
class
“D”
felony
if
the
person
was
7
previously
convicted
of
one
of
the
named
offenses.
8
CRIMINAL
OFFENSES
——
TORTURE.
Currently,
animal
torture
9
involves
inflicting
upon
an
animal
severe
physical
pain
with
10
depraved
or
sadistic
intent
to
cause
prolonged
suffering
or
11
death.
The
bill
eliminates
the
element
of
intent
and
requires
12
that
the
act
involve
prolonged
or
repeated
physical
pain
that
13
results
in
prolonged
or
repeated
suffering
and
injury
or
death.
14
The
bill
replaces
the
current
penalties
for
animal
torture.
A
15
person
is
no
longer
guilty
of
an
aggravated
misdemeanor
for
the
16
first
offense
and
a
class
“D”
felony
for
a
subsequent
offense.
17
Instead,
a
person
is
guilty
of
an
aggravated
misdemeanor,
18
which
is
enhanced
to
a
class
“D”
felony
if
the
person
was
19
previously
convicted
of
one
of
the
named
offenses.
The
bill
20
also
eliminates
a
requirement
that
a
person
convicted
of
animal
21
torture
must
submit
to
psychological
evaluation
and
treatment
22
which
is
addressed
in
another
part
of
the
bill.
23
COURT
ORDERS.
The
bill
provides
at
the
time
of
conviction
24
for
committing
animal
abuse
or
animal
torture,
that
a
person
25
may
be
subject
to
a
court
order
requiring
a
psychological
or
26
psychiatric
evaluation
and
treatment.
A
person
convicted
of
27
animal
abuse,
animal
neglect,
or
animal
torture
may
also
be
28
subject
to
a
court
order
prohibiting
the
person
from
owning,
29
possessing,
or
living
with
an
animal.
A
person
who
violates
a
30
court
order
is
guilty
of
a
simple
misdemeanor.
31
STATE
MANDATE.
Currently,
if
a
threatened
animal
is
rescued
32
by
a
local
law
enforcement
officer
and
local
authority,
the
33
local
authority
must
provide
for
the
animal’s
maintenance
until
34
the
matter’s
disposition
(Code
sections
717B.5
and
717B.4).
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APPLICABLE
CRIMINAL
PENALTIES.
The
criminal
penalties
are
1
as
follows:
(1)
simple
misdemeanor,
confinement
for
no
more
2
than
30
days
or
a
fine
of
at
least
$65
but
not
more
than
$625
or
3
by
both;
(2)
serious
misdemeanor,
confinement
for
no
more
than
4
one
year
and
a
fine
of
at
least
$315
but
not
more
than
$1,875;
5
(3)
aggravated
misdemeanor,
confinement
for
no
more
than
two
6
years
and
a
fine
of
at
least
$625
but
not
more
than
$6,250;
and
7
(4)
class
“D”
felony,
confinement
for
no
more
than
five
years
8
and
a
fine
of
at
least
$750
but
not
more
than
$7,500.
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