§ 5511. Cruelty to animals.
(a) Killing, maiming or poisoning domestic animals or zoo
animals, etc.--
(1) A person commits a misdemeanor of the second degree
if he willfully and maliciously:
(i) Kills, maims or disfigures any domestic animal
of another person or any domestic fowl of another person.
(ii) Administers poison to or exposes any poisonous
substance with the intent to administer such poison to
any domestic animal of another person or domestic fowl of
another person.
(iii) Harasses, annoys, injures, attempts to injure,
molests or interferes with a dog guide for an individual
who is blind, a hearing dog for an individual who is deaf
or audibly impaired or a service dog for an individual
who is physically limited.
Any person convicted of violating the provisions of this
paragraph shall be sentenced to pay a fine of not less than
$500.
(2) A person commits a felony of the third degree if he
willfully and maliciously:
(i) Kills, maims or disfigures any zoo animal in
captivity.
(ii) Administers poison to or exposes any poisonous
substance with the intent to administer such poison to
any zoo animal in captivity.
(2.1) (i) A person commits a misdemeanor of the first
degree if he willfully and maliciously:
(A) Kills, maims, mutilates, tortures or
disfigures any dog or cat, whether belonging to
himself or otherwise. If a person kills, maims,
mutilates, tortures or disfigures a dog guide for an
individual who is blind, a hearing dog for an
individual who is deaf or audibly impaired or a
service dog for an individual who is physically
limited, whether belonging to the individual or
otherwise, that person, in addition to any other
applicable penalty, shall be required to make
reparations for veterinary costs in treating the dog
and, if necessary, the cost of obtaining and training
a replacement dog.
(B) Administers poison to or exposes any
poisonous substance with the intent to administer
such poison to any dog or cat, whether belonging to
himself or otherwise.
(ii) Any person convicted of violating the
provisions of this paragraph shall be sentenced to pay a
fine of not less than $1,000 or to imprisonment for not
more than two years, or both. The court may also order a
presentence mental evaluation. A subsequent conviction
under this paragraph shall be a felony of the third
degree. This paragraph shall apply to dogs and cats only.
(iii) The killing of a dog or cat by the owner of
that animal is not malicious if it is accomplished in
accordance with the act of December 22, 1983 (P.L.303,
No.83), referred to as the Animal Destruction Method
Authorization Law.
(3) This subsection shall not apply to:
(i) the killing of any animal taken or found in the
act of actually destroying any domestic animal or
domestic fowl;
(ii) the killing of any animal or fowl pursuant to
the act of June 3, 1937 (P.L.1225, No.316), known as The
Game Law, or 34 Pa.C.S. §§ 2384 (relating to declaring
dogs public nuisances) and 2385 (relating to destruction
of dogs declared public nuisances), or the regulations
promulgated thereunder; or
(iii) such reasonable activity as may be undertaken
in connection with vermin control or pest control.
(b) Regulating certain actions concerning fowl or rabbits.--
A person commits a summary offense if he sells, offers for sale,
barters, or gives away baby chickens, ducklings, or other fowl,
under one month of age, or rabbits under two months of age, as
pets, toys, premiums or novelties or if he colors, dyes, stains
or otherwise changes the natural color of baby chickens,
ducklings or other fowl, or rabbits or if he brings or
transports the same into this Commonwealth. This section shall
not be construed to prohibit the sale or display of such baby
chickens, ducklings, or other fowl, or such rabbits, in proper
facilities by persons engaged in the business of selling them
for purposes of commercial breeding and raising.
(c) Cruelty to animals.--
(1) A person commits an offense if he wantonly or
cruelly illtreats, overloads, beats, 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.
(2) (i) Except as provided in subparagraph (ii), a
person convicted of violating paragraph (1) commits a
summary offense.
(ii) A person convicted for a second or subsequent
time of violating paragraph (1) commits a misdemeanor of
the third degree if all of the following occurred:
(A) The action or omission for which the person
was convicted for a subsequent time was performed on
a dog or cat.
(B) The dog or cat was seriously injured,
suffered severe physical distress or was placed at
imminent risk of serious physical harm as the result
of the person's action or omission.
(3) This subsection shall not apply to activity
undertaken in normal agricultural operation.
(d) Selling or using disabled horse.--A person commits a
summary offense if he offers for sale or sells any horse, which
by reason of debility, disease or lameness, or for other cause,
could not be worked or used without violating the laws against
cruelty to animals, or leads, rides, drives or transports any
such horse for any purpose, except that of conveying the horse
to the nearest available appropriate facility for its humane
keeping or destruction or for medical or surgical treatment.
(e) Transporting animals in cruel manner.--A person commits
a summary offense if he carries, or causes, or allows to be
carried in or upon any cart, or other vehicle whatsoever, any
animal in a cruel or inhumane manner. The person taking him into
custody may take charge of the animal and of any such vehicle
and its contents, and deposit the same in some safe place of
custody, and any necessary expenses which may be incurred for
taking charge of and keeping the same, and sustaining any such
animal, shall be a lien thereon, to be paid before the same can
lawfully be recovered, or the said expenses or any part thereof
remaining unpaid may be recovered by the person incurring the
same from the owner of said creature in any action therefor.
For the purposes of this section, it shall not be deemed
cruel or inhumane to transport live poultry in crates so long as
not more than 15 pounds of live poultry are allocated to each
cubic foot of space in the crate.
(e.1) Transporting equine animals in cruel manner.--
Notwithstanding any other provision of law, a person commits a
summary offense for each equine animal if the person carries, or
causes or allows to be carried, any equine animal in or upon any
conveyance or other vehicle whatsoever with two or more levels
stacked on top of one another. A person who violates this
subsection on a second or subsequent occasion commits a
misdemeanor of the third degree for each equine animal
transported.
(f) Hours of labor of animals.--A person commits a summary
offense if he leads, drives, rides or works or causes or permits
any other person to lead, drive, ride or work any horse, mare,
mule, ox, or any other animal, whether belonging to himself or
in his possession or control, for more than 15 hours in any 24
hour period, or more than 90 hours in any one week.
Nothing in this subsection contained shall be construed to
warrant any persons leading, driving, riding or walking any
animal a less period than 15 hours, when so doing shall in any
way violate the laws against cruelty to animals.
(g) Cruelty to cow to enhance appearance of udder.--A person
commits a summary offense if he kneads or beats or pads the
udder of any cow, or willfully allows it to go unmilked for a
period of 24 hours or more, for the purpose of enhancing the
appearance or size of the udder of said cow, or by a muzzle or
any other device prevents its calf, if less than six weeks old,
from obtaining nourishment, and thereby relieving the udder of
said cow, for a period of 24 hours.
(h) Cropping ears of dog; prima facie evidence of
violation.--A person commits a summary offense if he crops or
cuts off, or causes or procures to be cropped or cut off, the
whole, or part of the ear or ears of a dog or shows or exhibits
or procures the showing or exhibition of any dog whose ear is or
ears are cropped or cut off, in whole or in part, unless the
person showing such dog has in his possession either a
certificate of veterinarian stating that such cropping was done
by the veterinarian or a certificate of registration from a
county treasurer, showing that such dog was cut or cropped
before this section became effective.
The provisions of this section shall not prevent a
veterinarian from cutting or cropping the whole or part of the
ear or ears of a dog when such dog is anesthetized, and shall
not prevent any person from causing or procuring such cutting or
cropping of a dog's ear or ears by a veterinarian.
The possession by any person of a dog with an ear or ears cut
off or cropped and with the wound resulting therefrom unhealed,
or any such dog being found in the charge or custody of any
person or confined upon the premises owned by or under the
control of any person, shall be prima facie evidence of a
violation of this subsection by such person except as provided
for in this subsection.
The owner of any dog whose ear or ears have been cut off or
cropped before this section became effective may, if a resident
of this Commonwealth, register such dog with the treasurer of
the county where he resides, and if a nonresident of this
Commonwealth, with the treasurer of any county of this
Commonwealth, by certifying, under oath, that the ear or ears of
such dog were cut or cropped before this section became
effective, and the payment of a fee of $1 into the county
treasury. The said treasurer shall thereupon issue to such
person a certificate showing such dog to be a lawfully cropped
dog.
(h.1) Animal fighting.--A person commits a felony of the
third degree if he:
(1) for amusement or gain, causes, allows or permits any
animal to engage in animal fighting;
(2) receives compensation for the admission of another
person to any place kept or used for animal fighting;
(3) owns, possesses, keeps, trains, promotes, purchases
or knowingly sells any animal for animal fighting;
(4) in any way knowingly encourages, aids or assists
therein;
(5) wagers on the outcome of an animal fight;
(6) pays for admission to an animal fight or attends an
animal fight as a spectator; or
(7) knowingly permits any place under his control or
possession to be kept or used for animal fighting.
This subsection shall not apply to activity undertaken in a
normal agricultural operation.
(i) Power to initiate criminal proceedings.--An agent of any
society or association for the prevention of cruelty to animals,
incorporated under the laws of the Commonwealth, shall have the
same powers to initiate criminal proceedings provided for police
officers by the Pennsylvania Rules of Criminal Procedure. An
agent of any society or association for the prevention of
cruelty to animals, incorporated under the laws of this
Commonwealth, shall have standing to request any court of
competent jurisdiction to enjoin any violation of this section.
(j) Seizure of animals kept or used for animal fighting.--
Any police officer or agent of a society or association for the
prevention of cruelty to animals incorporated under the laws of
this Commonwealth, shall have power to seize any animal kept,
used, or intended to be used for animal fighting. When the
seizure is made, the animal or animals so seized shall not be
deemed absolutely forfeited, but shall be held by the officer or
agent seizing the same until a conviction of some person is
first obtained for a violation of subsection (h.1). The officer
or agent making such seizure shall make due return to the
issuing authority, of the number and kind of animals or
creatures so seized by him. Where an animal is thus seized, the
police officer or agent is authorized to provide such care as is
reasonably necessary, and where any animal thus seized is found
to be disabled, injured or diseased beyond reasonable hope of
recovery, the police officer or agent is authorized to provide
for the humane destruction of the animal. In addition to any
other penalty provided by law, the authority imposing sentence
upon a conviction for any violation of subsection (h.1) shall
order the forfeiture or surrender of any abused, neglected or
deprived animal of the defendant to any society or association
for the prevention of cruelty to animals duly incorporated under
the laws of this Commonwealth and shall require that the owner
pay the cost of the keeping, care and destruction of the animal.
(k) Killing homing pigeons.--A person commits a summary
offense if he shoots, maims or kills any antwerp or homing
pigeon, either while on flight or at rest, or detains or entraps
any such pigeon which carries the name of its owner.
(l) Search warrants.--Where a violation of this section is
alleged, any issuing authority may, in compliance with the
applicable provisions of the Pennsylvania Rules of Criminal
Procedure, issue to any police officer or any agent of any
society or association for the prevention of cruelty to animals
duly incorporated under the laws of this Commonwealth a search
warrant authorizing the search of any building or any enclosure
in which any violation of this section is occurring or has
occurred, and authorizing the seizure of evidence of the
violation including, but not limited to, the animals which were
the subject of the violation. Where an animal thus seized is
found to be neglected or starving, the police officer or agent
is authorized to provide such care as is reasonably necessary,
and where any animal thus seized is found to be disabled,
injured or diseased beyond reasonable hope of recovery, the
police officer or agent is authorized to provide for the humane
destruction of the animal. The cost of the keeping, care and
destruction of the animal shall be paid by the owner thereof and
claims for the costs shall constitute a lien upon the animal. In
addition to any other penalty provided by law, the authority
imposing sentence upon a conviction for any violation of this
section may require that the owner pay the cost of the keeping,
care and destruction of the animal. No search warrant shall be
issued based upon an alleged violation of this section which
authorizes any police officer or agent or other person to enter
upon or search premises where scientific research work is being
conducted by, or under the supervision of, graduates of duly
accredited scientific schools or where biological products are
being produced for the care or prevention of disease.
(m) Forfeiture.--In addition to any other penalty provided
by law, the authority imposing sentence upon a conviction for
any violation of this section may order the forfeiture or
surrender of any abused, neglected or deprived animal of the
defendant to any society or association for the prevention of
cruelty to animals duly incorporated under the laws of this
Commonwealth.
(m.1) Fine for summary offense.--In addition to any other
penalty provided by law, a person convicted of a summary offense
under this section shall pay a fine of not less than $50 nor
more than $750 or to imprisonment for not more than 90 days, or
both.
(m.2) Prohibition of ownership.--Notwithstanding any
provision of law and in addition to any other penalty provided
by law, the authority imposing sentence upon a conviction for
any violation of this section may order the prohibition or
limitation of the defendant's ownership, possession, control or
custody of animals or employment with the care of animals for a
period of time not to exceed the statutory maximum term of
imprisonment applicable to the offense for which sentence is
being imposed.
(n) Skinning of and selling or buying pelts of dogs and
cats.--A person commits a summary offense if he skins a dog or
cat or offers for sale or exchange or offers to buy or exchange
the pelt or pelts of any dog or cat.
(o) Representation of humane society by attorney.--Upon
prior authorization and approval by the district attorney of the
county in which the proceeding is held, an association or agent
may be represented in any proceeding under this section by any
attorney admitted to practice before the Supreme Court of
Pennsylvania and in good standing. Attorney's fees shall be
borne by the humane society or association which is represented.
(o.1) Construction of section.--The provisions of this
section shall not supersede the act of December 7, 1982
(P.L.784, No.225), known as the Dog Law.
(p) Applicability of section.--This section shall not apply
to, interfere with or hinder any activity which is authorized or
permitted pursuant to the act of June 3, 1937 (P.L.1225,
No.316), known as The Game Law or Title 34 (relating to game).
(q) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Animal fighting." Fighting or baiting any bull, bear, dog,
cock or other creature.
"Audibly impaired." The inability to hear air conduction
thresholds at an average of 40 decibels or greater in the better
ear.
"Blind." Having a visual acuity of 20/200 or less in the
better eye with correction or having a limitation of the field
of vision such that the widest diameter of the visual field
subtends an angular distance not greater than 20 degrees.
"Conveyance." A truck, tractor, trailer or semitrailer, or
any combination of these, propelled or drawn by mechanical
power.
"Deaf." Totally impaired hearing or hearing with or without
amplification which is so seriously impaired that the primary
means of receiving spoken language is through other sensory
input, including, but not limited to, lip reading, sign
language, finger spelling or reading.
"Domestic animal." Any dog, cat, equine animal, bovine
animal, sheep, goat or porcine animal.
"Domestic fowl." Any avis raised for food, hobby or sport.
"Equine animal." Any member of the Equidae family, which
includes horses, asses, mules, ponies and zebras.
"Normal agricultural operation." Normal activities,
practices and procedures that farmers adopt, use or engage in
year after year in the production and preparation for market of
poultry, livestock and their products in the production and
harvesting of agricultural, agronomic, horticultural,
silvicultural and aquicultural crops and commodities.
"Physically limited." Having limited ambulation, including,
but not limited to, a temporary or permanent impairment or
condition that causes an individual to use a wheelchair or walk
with difficulty or insecurity, affects sight or hearing to the
extent that an individual is insecure or exposed to danger,
causes faulty coordination or reduces mobility, flexibility,
coordination or perceptiveness.
"Zoo animal." Any member of the class of mammalia, aves,
amphibia or reptilia which is kept in a confined area by a
public body or private individual for purposes of observation by
the general public.
(Dec. 12, 1973, P.L.387, No.137, eff. imd.; Apr. 28, 1978,
P.L.202, No.53, eff. 60 days; July 10, 1980, P.L.518, No.107,
eff. 60 days; Dec. 21, 1984, P.L.1210, No.230, eff. 60 days;
July 8, 1986, P.L.442, No.93, eff. July 1, 1987; Dec. 16, 1986,
P.L.1671, No.191, eff. 60 days; Apr. 29, 1994, P.L.146, No.24,
eff. 60 days; July 6, 1995, P.L.238, No.27, eff. 60 days; Oct.
18, 2000, P.L.605, No.80, eff. 60 days; June 25, 2001, P.L.694,
No.64, eff. 60 days; Dec. 9, 2002, P.L.1439, No.183, eff. 60
days; Dec. 8, 2004, P.L.1789, No.236, eff. imd.)
2004 Amendment. Act 236 amended subsec. (c) and added
subsec. (m.2).
2002 Amendment. Act 183 amended subsec. (a)
2001 Amendment. Act 64 added subsec. (e.1) and the defs. of
"conveyance" and "equine animal" in subsec. (q).
1995 Amendment. Act 27 amended subsecs. (a) and (q) and
added subsec. (m.1).
1994 Amendment. Act 24 amended subsec. (j) and added
subsec. (o.1).
1986 Amendments. Act 93 amended subsecs. (a) and (p) and Act
191 amended subsecs. (a), (c), (i), (j), (p) and (q) and added
subsec. (h.1).
1986 Partial Repeal. Section 7 of Act 93 of 1986 (which
enacted Title 34 (Game)) provided that section 5511 is repealed
insofar as it relates to Subchapter E of Chapter 23 of Title 34
(Game).
Cross References. Section 5511 is referred to in sections
3702, 3705, 3708, 3710, 3716 of Title 22 (Detectives and Private
Police); section 2385 of Title 34 (Game); section 3573 of Title
42 (Judiciary and Judicial Procedure).