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PUBLIC LAWS OF MAINE
First Regular Session of the 120th

CHAPTER 425
H.P. 1232 - L.D. 1679

An Act to Increase the Penalties for Animal Cruelty

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 7 MRSA §4011, sub-§1, ¶G, as amended by PL 1999, c. 765, §9, is further amended to read:

     Sec. 2. 7 MRSA §4011, sub-§1, ¶H, as enacted by PL 1999, c. 254, §13, is amended to read:

     Sec. 3. 7 MRSA §4011, sub-§1, ¶I is enacted to read:

     Sec. 4. 7 MRSA §4016, as amended by PL 1999, c. 597, §2, is repealed and the following enacted in its place:

§4016. Violation

     1. Penalty. A person who violates this chapter commits a civil violation.

     2. Criminal or civil prosecution. A person may be arrested or detained for the crime of cruelty to animals under Title 17, chapter 42, subchapter III in accordance with the rules of criminal procedure. A person may not be arrested or detained for the civil violation of cruelty to animals. The attorney for the State may elect to charge a defendant with either the crime of cruelty to animals under Title 17, chapter 42, subchapter III or the civil violation of cruelty to animals under this chapter. In making this election, the attorney for the State shall consider the severity of the cruelty displayed, the number of animals involved, any prior convictions or adjudications of animal cruelty entered against the defendant and such other factors as may be relevant to a determination of whether criminal or civil sanctions will best accomplish the goals of the animal welfare laws in the particular case before the attorney for the State. The election and determination required by this subsection are not subject to judicial review. The factors involved in the election and determination are not elements of the criminal offense or civil violation of animal cruelty and are not subject to proof or disproof as prerequisites or conditions for conviction under Title 17, chapter 42, subchapter III or adjudication under this chapter.

     Sec. 5. 17 MRSA §1031, sub-§1, ¶G, as amended by PL 1999, c. 765, §11, is further amended to read:

     Sec. 6. 17 MRSA §1031, sub-§1, ¶H, as enacted by PL 1999, c. 254, §21, is amended to read:

     Sec. 7. 17 MRSA §1031, sub-§1, ¶I is enacted to read:

     Sec. 8. 17 MRSA §1031, sub-§1-B is enacted to read:

     1-B. Aggravated cruelty to animals. A person is guilty of aggravated cruelty to animals if that person, in a manner manifesting a depraved indifference to animal life or suffering, intentionally, knowingly or recklessly:

     Sec. 9. 17 MRSA §1031, sub-§3, as amended by PL 1999, c. 481, §1, is repealed and the following enacted in its place:

     3. Penalty for cruelty to animals. Except as provided in paragraph A, cruelty to animals under subsection 1 or 1-A is a Class D crime.

     Sec. 10. 17 MRSA §1031, sub-§3-A is enacted to read:

     3-A. Penalty for aggravated cruelty to animals. Aggravated cruelty to animals under subsection 1-B is a Class C crime. Notwithstanding Title 17-A, section 1301, the court shall impose a fine of not less than $1,000 nor more than $10,000 for a first or subsequent violation of subsection 1-B. The sentencing provisions in subsection 3, paragraphs C, E, F and G also apply to a person convicted of aggravated cruelty to animals.

     Sec. 11. 17 MRSA §1031, sub-§5 is enacted to read:

     5. Exception. This section may not be construed to prohibit the shooting of wild game in its wild state. This section may not be construed to prohibit the disposal of farm animals using an acceptable animal husbandry practice.

Effective September 21, 2001, unless otherwise indicated.

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