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WI Animal Cruelty State Statute: Know the Facts/ Statute
(04/21/2003)
WI Animal Cruelty State Statute:
Know the Facts/Statute
CRIMES AGAINST ANIMALS 951.08
1 Updated 01-02 Wis. Stats. Database
UNOFFICIAL TEXT
Unofficial text from 01-02 Wis. Stats. database. See printed 01-02
Statutes and
2003 Wis. Acts for official text under s. 35.18
(2) stats. Report errors to the Revisor of Statutes at (608) 266-2011,
FAX
264-6978, email bruce.munson@legis.state.wi.us
CHAPTER 951
CRIMES AGAINST ANIMALS
951.01 Definitions.
951.015 Construction and application.
951.02 Mistreating animals.
951.025 Decompression prohibited.
951.03 Dognapping and catnapping.
951.04 Leading animal from motor vehicle.
951.05 Transportation of animals.
951.06 Use of poisonous and controlled substances.
951.07 Use of certain devices prohibited.
951.08 Instigating fights between animals.
951.09 Shooting at caged or staked animals.
951.095 Harassment of police and fire animals.
951.10 Sale of baby rabbits, chicks and other fowl.
951.11 Artificially colored animals; sale.
951.13 Providing proper food and drink to confined animals.
951.14 Providing proper shelter.
951.15 Abandoning animals.
951.18 Penalties.
Cross Reference: See definitions in s. 939.22.
951.01 Definitions. In this chapter:
(1) "Animal" includes every living:
(a) Warm-blooded creature, except a human being;
(b) Reptile; or
(c) Amphibian.
(1m) "Conservation warden" means a warden appointed
under s. 23.10.
(2) "Cruel" means causing unnecessary and excessive pain or
suffering or unjustifiable injury or death.
(3) "Farm animal" means any warm-blooded animal normally
raised on farms in the United States and used or intended for
use as food or fiber.
(3e) "Humane officer" means an officer appointed under s.
173.03.
(3f) "Fire department" includes a volunteer fire department
and a department under s. 61.66.
(3m) "Law enforcement agency" has the meaning given in s.
165.83 (1) (b).
(4) "Law enforcement officer" has the meaning assigned
under s. 967.02 (5) but does not include a conservation warden
appointed under s. 23.10.
History: 1973 c. 314; 1983 a. 189; 1987 a. 248; 1987 a. 332 s. 54;
Stats. 1987 s.
951.01; 1989 a. 223; 1997 a. 27, 192; 1999 a. 83; 2001 a. 56.
Legislative Council Note, 1973: The definition of "animal" is based on
s. 346.20,
Minn. Stats. Anno. (1971). The term includes not only animals strictly
so-called but
birds and other living warmblooded creatures except people. [Bill 16-S]
951.015 Construction and application. (1) This chapter
may not be interpreted as controverting any law regulating wild
animals that are subject to regulation under ch. 169, the taking of
wild animals, as defined in s. 29.001 (90), or the slaughter of animals
by persons acting under state or federal law.
(2) For purposes of enforcing this chapter as to wild animals
subject to regulation under ch. 169, a conservation warden has the
same powers and duties that a law enforcement officer has under
this chapter.
History: 1973 c. 314; 1983 a. 27 s. 2202 (38); 1987 a. 332 s. 54;
Stats. 1987 s.
951.015; 1997 a. 248; 2001 a. 56.
951.02 Mistreating animals. No person may treat any animal,
whether belonging to the person or another, in a cruel manner.
This section does not prohibit bona fide experiments carried on for
scientific research or normal and accepted veterinary practices.
History: 1973 c. 314; 1987 a. 332 s. 54; Stats. 1987 s. 951.02; 1993 a.
486.
Conviction under this section does not require proof of intent or
negligence. State
v. Stanfield, 105 Wis. 2d 553, 314 N.W.2d 339 (1982).
951.025 Decompression prohibited. No person may kill
an animal by means of decompression.
History: 1985 a. 48; 1987 a. 332 s. 54; Stats. 1987 s. 951.025.
951.03 Dognapping and catnapping. No person may take
the dog or cat of another from one place to another without the
owner's consent or cause such a dog or cat to be confined or carried
out of this state or held for any purpose without the owner's
consent. This section does not apply to law enforcement officers
or humane officers engaged in the exercise of their official duties.
History: 1973 c. 314 s. 4; Stats. 1973 s. 948.03; 1987 a. 332 s. 54;
Stats. 1987 s.
951.03; 1997 a. 192.
951.04 Leading animal from motor vehicle. No person
shall lead any animal upon a highway from a motor vehicle or
from a trailer or semitrailer drawn by a motor vehicle.
History: 1973 c. 314; 1987 a. 332 s. 54; Stats. 1987 s. 951.04.
951.05 Transportation of animals. No person may transport
any animal in or upon any vehicle in a cruel manner.
History: 1973 c. 314; 1987 a. 332 s. 54; Stats. 1987 s. 951.05.
951.06 Use of poisonous and controlled substances.
No person may expose any domestic animal owned by another to
any known poisonous substance, any controlled substance
included in schedule I, II, III, IV or V of ch. 961, or any controlled
substance analog of a controlled substance included in schedule
I or II of ch. 961, whether mixed with meat or other food or not,
so that the substance is liable to be eaten by the animal and for the
purpose of harming the animal. This section shall not apply to poison
used on one's own premises and designed for the purpose of
rodent or pest extermination nor to the use of a controlled substance
in bona fide experiments carried on for scientific research
or in accepted veterinary practices.
History: 1973 c. 314; 1987 a. 332 s. 54; Stats. 1987 s. 951.06; 1995 a.
448.
951.07 Use of certain devices prohibited. No person may
directly or indirectly, or by aiding, abetting or permitting the doing
thereof, either put, place, fasten, use or fix upon or to any animal
used or readied for use for a work purpose or for use in an exhibition,
competition, rodeo, circus or other performance, any of the
following devices: a bristle bur, tack bur or like device; or a poling
device used to train a horse to jump which is charged with electricity
or to which have been affixed nails, tacks or other sharp points.
History: 1973 c. 314; 1987 a. 332 s. 54; Stats. 1987 s. 951.07.
951.08 Instigating fights between animals. (1) No person
may intentionally instigate, promote, aid or abet as a principal,
agent or employee, or participate in the earnings from, or
intentionally
maintain or allow any place to be used for a cockfight, dog
fight, bullfight or other fight between the same or different kinds
of animals or between an animal and a person. This section does
not prohibit events or exhibitions commonly featured at rodeos or
bloodless bullfights.
(2) No person may own, possess, keep or train any animal with
the intent that the animal be engaged in an exhibition of fighting.
(2m) If a person has been convicted under sub. (1) or (2), the
person may not own, possess, keep or train any animal for a period
of 5 years after the conviction. In computing the 5-year period,
time which the person spent in actual confinement serving a criminal
sentence shall be excluded. The person may move the sentencing
court to have this requirement waived. The court may waive
the requirement except that the waiver may not authorize the per-
Updated 01-02 Wis. Stats. Database 2
951.08 CRIMES AGAINST ANIMALS UNOFFICIAL TEXT
Unofficial text from 01-02 Wis. Stats. database. See printed 01-02
Statutes and
2003 Wis. Acts for official text under s. 35.18
(2) stats. Report errors to the Revisor of Statutes at (608) 266-2011,
FAX
264-6978, email bruce.munson@legis.state.wi.us
son to own, possess, keep or train animals of the species involved
in the offense under sub. (1) or (2).
(3) No person may intentionally be a spectator at a cockfight,
dog fight, bullfight or other fight between the same or different
kinds of animals or between an animal and a person.
History: 1973 c. 314; 1981 c. 160; 1983 a. 95; 1987 a. 332 s. 54;
Stats. 1987 s.
951.08.
951.09 Shooting at caged or staked animals. (1) No
person may shoot, kill, or wound with a firearm, or with any
deadly weapon, any animal that is tied, staked out, caged or otherwise
intentionally confined in an artificial enclosure, regardless of
size.
(2) (a) Whoever is concerned in the commission of a violation
of this section is a principal and may be charged with and convicted
of the violation although he or she did not directly commit
it and although the person who directly committed it has not been
convicted of the violation.
(b) A person is concerned in the commission of a violation of
this section under par. (a) if the person does any of the following:
1. Instigates, promotes, aids, or abets the violation as a principal,
agent, employee, participant, or spectator.
2. Participates in any earnings from the commission of the
violation.
3. Intentionally maintains or allows any place to be used for
the commission of the violation.
(3) This section does not apply to any of the following animals:
(b) A captive wild bird that is shot, killed, or wounded on a bird
hunting preserve licensed under s. 169.19.
(c) Farm-raised deer, as defined in s. 95.001 (1) (ag).
(d) Animals that are treated in accordance with normally
acceptable husbandry practices.
History: 1973 c. 314; 1987 a. 332 s. 54; Stats. 1987 s. 951.09; 2001 a.
56.
951.095 Harassment of police and fire animals. (1) No
person may do any of the following to any animal that is used by
a law enforcement agency or fire department to perform agency
or department functions or duties:
(a) Frighten, intimidate, threaten, abuse or harass the animal.
(b) Strike, shove, kick or otherwise subject the animal to physical
contact.
(c) Strike the animal by using a dangerous weapon.
(2) Subsection (1) does not apply to any of the following:
(a) Any act that is performed by or with the authorization of
the animal's handler or rider.
(b) Any act that is necessary for the training of an animal to
perform functions or duties for a law enforcement agency.
History: 1993 a. 192; 1997 a. 27.
951.10 Sale of baby rabbits, chicks and other fowl.
(1) No person may sell, offer for sale, barter or give away living
chicks, ducklings or other fowl unless the person provides proper
brooder facilities for the care of such chicks, ducklings or other
fowl during the time they are in the person's possession.
(2) No retailer, as defined in s. 100.30 (2) (e), may sell, offer
for sale, barter or give away living baby rabbits, baby chicks,
ducklings or other fowl under 2 months of age in any quantity less
than 6 unless in the business of selling these animals for
agricultural,
wildlife or scientific purposes.
History: 1973 c. 314; 1979 c. 34 s. 2102 (3) (a); 1979 c. 176; 1983 a.
189 s. 329
(20); 1987 a. 332 s. 54; Stats. 1987 s. 951.10; 1993 a. 486.
951.11 Artificially colored animals; sale. No person may
sell, offer for sale, raffle, give as a prize or premium, use as an
advertising device or display living chicks, ducklings, other fowl
or rabbits that have been dyed or otherwise colored artificially.
History: 1973 c. 314; 1987 a. 332 s. 54; Stats. 1987 s. 951.11.
951.13 Providing proper food and drink to confined
animals. No person owning or responsible for confining or
impounding any animal may fail to supply the animal with a sufficient
supply of food and water as prescribed in this section.
(1) FOOD. The food shall be sufficient to maintain all animals
in good health.
(2) WATER. If potable water is not accessible to the animals at
all times, it shall be provided daily and in sufficient quantity for
the health of the animal.
History: 1973 c. 314; 1983 a. 95; 1987 a. 332 s. 54; Stats. 1987 s.
951.13.
951.14 Providing proper shelter. No person owning or
responsible for confining or impounding any animal may fail to
provide the animal with proper shelter as prescribed in this section.
In the case of farm animals, nothing in this section shall be
construed as imposing shelter requirements or standards more
stringent than normally accepted husbandry practices in the particular
county where the animal or shelter is located.
(1) INDOOR STANDARDS. Minimum indoor standards of shelter
shall include:
(a) Ambient temperatures. The ambient temperature shall be
compatible with the health of the animal.
(b) Ventilation. Indoor housing facilities shall be adequately
ventilated by natural or mechanical means to provide for the
health of the animals at all times.
(2) OUTDOOR STANDARDS. Minimum outdoor standards of
shelter shall include:
(a) Shelter from sunlight. When sunlight is likely to cause heat
exhaustion of an animal tied or caged outside, sufficient shade by
natural or artificial means shall be provided to protect the animal
from direct sunlight. As used in this paragraph, "caged" does not
include farm fencing used to confine farm animals.
(b) Shelter from inclement weather. 1. 'Animals generally.'
Natural or artificial shelter appropriate to the local climatic
conditions
for the species concerned shall be provided as necessary for
the health of the animal.
2. 'Dogs.' If a dog is tied or confined unattended outdoors
under weather conditions which adversely affect the health of the
dog, a shelter of suitable size to accommodate the dog shall be
provided.
(3) SPACE STANDARDS. Minimum space requirements for both
indoor and outdoor enclosures shall include:
(a) Structural strength. The housing facilities shall be structurally
sound and maintained in good repair to protect the animals
from injury and to contain the animals.
(b) Space requirements. Enclosures shall be constructed and
maintained so as to provide sufficient space to allow each animal
adequate freedom of movement. Inadequate space may be indicated
by evidence of debility, stress or abnormal behavior patterns.
(4) SANITATION STANDARDS. Minimum standards of sanitation
for both indoor and outdoor enclosures shall include periodic
cleaning to remove excreta and other waste materials, dirt and
trash so as to minimize health hazards.
History: 1973 c. 314; 1987 a. 332 s. 54; Stats. 1987 s. 951.14.
951.15 Abandoning animals. No person may abandon any
animal.
History: 1973 c. 314 ss. 1, 6; 1977 c. 173; 1987 a. 332 s. 54; Stats.
1987 s. 951.15;
1993 a. 486; 1997 a. 192.
951.18 Penalties. (1) Any person violating s. 951.02,
951.025, 951.03, 951.04, 951.05, 951.06, 951.07, 951.09, 951.10,
951.11, 951.13, 951.14 or 951.15 is subject to a Class C forfeiture.
Any person who violates any of these provisions within 3 years
after a humane officer issues an abatement order under s. 173.11
prohibiting the violation of that provision is subject to a Class A
forfeiture. Any person who intentionally or negligently violates
any of those sections is guilty of a Class A misdemeanor. Any person
who intentionally violates s. 951.02, resulting in the mutilation,
disfigurement or death of an animal, is guilty of a Class I felony.
Any person who intentionally violates s. 951.02 or 951.06,
knowing that the animal that is the victim is used by a law enforcement
agency to perform agency functions or duties and causing
injury to the animal, is guilty of a Class I felony.
(2) Any person who violates s. 951.08 (2m) or (3) is guilty of
a Class A misdemeanor. Any person who violates s. 951.08 (1)
CRIMES AGAINST ANIMALS 951.18
3 Updated 01-02 Wis. Stats. Database
UNOFFICIAL TEXT
Unofficial text from 01-02 Wis. Stats. database. See printed 01-02
Statutes and
2003 Wis. Acts for official text under s. 35.18
(2) stats. Report errors to the Revisor of Statutes at (608) 266-2011,
FAX
264-6978, email bruce.munson@legis.state.wi.us
or (2) is guilty of a Class I felony for the first violation and is
guilty
of a Class H felony for the 2nd or subsequent violation.
(2m) Any person who violates s. 951.095 is subject to a Class
B forfeiture. Any person who intentionally or negligently violates
s. 951.095, knowing that the animal that is the victim is used by
a law enforcement agency or fire department to perform agency
or department functions or duties, is guilty of a Class A misdemeanor.
Any person who intentionally violates s. 951.095, knowing
that the animal that is the victim is used by a law enforcement
agency or fire department to perform agency or department functions
or duties and causing injury to the animal, is guilty of a Class
I felony. Any person who intentionally violates s. 951.095, knowing
that the animal that is the victim is used by a law enforcement
agency or fire department to perform agency or department functions
or duties and causing death to the animal, is guilty of a Class
H felony.
(3) In addition to penalties applicable to this chapter under this
section, a district attorney may apply to any court of competent
jurisdiction for a temporary or permanent injunction restraining
any person from violating this chapter.
(4) In addition to penalties applicable to this chapter under this
section:
(a) 1. In this paragraph, "pecuniary loss" has the meaning
described in s. 943.245 (1).
2. A sentencing court shall require a criminal violator to pay
restitution to a person, including any local humane officer or society
or county or municipal pound or a law enforcement officer or
conservation warden, for any pecuniary loss suffered by the person
as a result of the crime, including expenses in keeping any animal
that is involved in the crime. This requirement applies regardless
of whether the criminal violator is placed on probation under
s. 973.09. If restitution is ordered, the court shall consider the
financial resources and future ability of the criminal violator to
pay and shall determine the method of payment. Upon the
application of any interested party, the court shall schedule and
hold an evidentiary hearing to determine the value of any pecuniary
loss under this paragraph.
(b) 1. A sentencing court may order that an animal be delivered
to the local humane officer or society or the county or municipal
pound or to a law enforcement officer if a person commits a crime
under this chapter, the person is the owner of the animal that is
involved in the crime and the court considers the order to be
reasonable
and appropriate. A sentencing court may order that an
animal be delivered to the department of natural resources, if the
animal is a wild animal that is subject to regulation under ch. 169
and the court considers the order to be reasonable and appropriate.
The society, pound, officer or department of natural resources
shall release the animal to a person other than the owner or dispose
of the animal in a proper and humane manner. If the animal is a
dog, the release or disposal shall be in accordance with s. 173.23
(1m), except that the fees under s. 173.23 (1m) (a) 4. do not apply
if the expenses are covered under s. 173.24. If the animal is not
a dog, the society, pound or officer may charge a fee for the release
of the animal.
2. If the court is sentencing a person covered under s. 173.12
(3) (a) and an animal has been seized under s. 173.12, the court
shall act in accordance with s. 173.12 (3).
(c) Except as provided in s. 951.08 (2m), a sentencing court
may order that the criminal violator may not own, possess or train
any animal or type or species of animal for a period specified by
the court, but not to exceed 5 years. In computing the time period,
time which the person spent in actual confinement serving a sentence
shall be excluded.
History: 1973 c. 314; 1977 c. 173; 1981 c. 160; 1983 a. 95; 1985 a. 48
s. 2; 1985
a. 263; 1987 a. 248; 1987 a. 332 ss. 54, 64; Stats. 1987 s. 951.18;
1987 a. 403 s. 256;
1989 a. 56 s. 259; 1989 a. 223; 1993 a. 192; 1997 a. 27, 192; 2001 a.
56, 109.
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