828.12
Cruelty to animals.
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
828.12 Cruelty to animals.—
(1) A person who unnecessarily overloads, overdrives, torments, deprives of necessary sustenance or shelter, or unnecessarily mutilates, or kills any animal, or causes the same to be done, or carries in or upon any vehicle, or otherwise, any animal in a cruel or inhumane manner, commits animal cruelty, a misdemeanor of the first degree, punishable as provided in s. 775.082 or by a fine of not more than $5,000, or both.
(2) A person who intentionally commits an act to any animal, or a person who owns or has the custody or control of any animal and fails to act, which results in the cruel death, or excessive or repeated infliction of unnecessary pain or suffering, or causes the same to be done, commits aggravated animal cruelty, a felony of the third degree, punishable as provided in s. 775.082 or by a fine of not more than $10,000, or both.
(a) A person convicted of a violation of this subsection, where the finder of fact determines that the violation includes the knowing and intentional torture or torment of an animal that injures, mutilates, or kills the animal, shall be ordered to pay a minimum mandatory fine of $2,500 and undergo psychological counseling or complete an anger management treatment program.
(b) A person convicted of a second or subsequent violation of this subsection shall be required to pay a minimum mandatory fine of $5,000 and serve a minimum mandatory period of incarceration of 6 months. In addition, the person shall be released only upon expiration of sentence, is not eligible for parole, control release, or any form of early release, and must serve 100 percent of the court-imposed sentence. Any plea of nolo contendere shall be considered a conviction for purposes of this subsection.
(3) A person who commits multiple acts of animal cruelty or aggravated animal cruelty against an animal may be charged with a separate offense for each such act. A person who commits animal cruelty or aggravated animal cruelty against more than one animal may be charged with a separate offense for each animal such cruelty was committed upon.
(4) A veterinarian licensed to practice in the state shall be held harmless from either criminal or civil liability for any decisions made or services rendered under the provisions of this section. Such a veterinarian is, therefore, under this subsection, immune from a lawsuit for his or her part in an investigation of cruelty to animals.
(5) A person who intentionally trips, fells, ropes, or lassos the legs of a horse by any means for the purpose of entertainment or sport commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this subsection, the term “trip” means any act that consists of the use of any wire, pole, stick, rope, or other apparatus to cause a horse to fall or lose its balance, and the term “horse” means any animal of any registered breed of the genus Equus, or any recognized hybrid thereof. This subsection does not apply when tripping is used:
(a) To control a horse that is posing an immediate threat to other livestock or human beings;
(b) For the purpose of identifying ownership of the horse when its ownership is unknown; or
(c) For the purpose of administering veterinary care to the horse.
(6) In addition to other penalties prescribed by law, a person who is convicted of a violation of this section may be prohibited by the court from owning, possessing, keeping, harboring, or having custody or control over any animal for a period of time determined by the court.
(7) Beginning January 1, 2026, the Department of Law Enforcement shall post on its website, in a searchable format prescribed by the department, the names of those individuals who have been convicted of, or who have entered a plea of guilty or nolo contendere to, regardless of adjudication, a violation of this section.
History.—s. 4, ch. 4971, 1901; GS 3395; RGS 5244; CGL 7363; s. 2, ch. 70-50; s. 4, ch. 71-12; s. 949, ch. 71-136; s. 1, ch. 82-116; s. 2, ch. 89-194; s. 5, ch. 94-339; s. 1286, ch. 97-102; s. 26, ch. 99-391; s. 35, ch. 2000-308; s. 1, ch. 2002-51; s. 1, ch. 2013-245; s. 2, ch. 2018-87; s. 2, ch. 2025-102.
Notes of Decisions
Cited in 54
cases (6 in the last 5 years), 1953–2026 · leading case: Reynolds v. State
Reynolds v. State (2002)
“In Simbach , the trial court granted defendant's motion to dismiss felony animal cruelty charges under section 828.12 "because [the defendant] did not intend for the animal to endure a cruel death or any unnecessary pain or suffering.”
Donald Ray Kervin v. State of Florida (2016)
“as amended to read, in relevant part: A person who intentionally commits an act to any animal, or a person who owns or has the custody or control of any animal and fails to act, which results in the cruel death, or excessive or repeated infliction of unnecessary pain or…”
Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah (1993)
“Ordinance 87-40 incorporates the Florida animal cruelty statute, Fla. Stat. § 828.12 (1987). Its prohibition is broad on its face, punishing "[w]hoever .”
Reynolds v. State (2001)
“excessive or repeated infliction of unnecessary pain or suffering” in violation of section 828.12(2), Florida Statutes (1997).”
In Re Standard Jury Inst. in Crim. Cases No. 2007-03 (2008)
“13 ANIMAL CRUELTY [FELONY] [§ 828.12(2), Fla. Stat. reserved] To prove the crime of Animal Cruelty, the State must prove the following element beyond a reasonable doubt: (Defendant) intentionally committed an act to an animal which resulted in [the excessive or repeated…”
Brown v. State (2015)
“-6- § 828.12, Fla. Stat. (2013) (emphasis added).”
Sult v. State (2005)
“In Reynolds , section 828.12, Florida Statutes (1997), prohibiting cruelty to animals, was upheld against a substantive due process attack.”
Wilkerson v. State (1981)
“§ 828.12, Fla. Stat. (1979). Appellant pled nolo contendere, specifically reserving his right to appeal the trial court's order which denied his motion to dismiss and upheld the constitutionality of the statute.”
In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2013-07 (2014)
“13(a) ANIMAL CRUELTY (MISDEMEANOR) § 828.12(1), Fla. Stat. To prove the crime of Animal Cruelty, the State must prove the following element beyond a reasonable doubt that: Give a, b, or c as applicable.”
State v. Morival (2011)
“12(2) with § 828.12(1). We conclude that the legislature properly distinguished between cases in which an owner fails, for example, to provide food for a dog for a few days while the owner goes on vacation — which is surely no more than depriving the dog of necessary sustenance…”
Lukaszewski v. State (2013)
“Brent Lukaszewski appeals his conviction and sentence for felony cruelty to animals in violation of section 828.12(2), Florida Statutes (2011).”
Reed v. State (2016)
“See §§ 828.12(1), .122(2)(a), Fla. Stat. (2011).”
— 828.12(1) — 7 cases
Reed v. State (2016)
“See §§ 828.12(1), .122(2)(a), Fla. Stat. (2011).”
Reynolds v. State (2002)
“In Simbach , the trial court granted defendant's motion to dismiss felony animal cruelty charges under section 828.12 "because [the defendant] did not intend for the animal to endure a cruel death or any unnecessary pain or suffering.”
State v. Morival (2011)
“12(2) with § 828.12(1). We conclude that the legislature properly distinguished between cases in which an owner fails, for example, to provide food for a dog for a few days while the owner goes on vacation — which is surely no more than depriving the dog of necessary sustenance…”
In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2013-07 (2014)
“13(a) ANIMAL CRUELTY (MISDEMEANOR) § 828.12(1), Fla. Stat. To prove the crime of Animal Cruelty, the State must prove the following element beyond a reasonable doubt that: Give a, b, or c as applicable.”
— 828.12(1981) — 1 case
Theoret v. State (1982)
— 828.12(2) — 32 cases
Reynolds v. State (2002)
“In Simbach , the trial court granted defendant's motion to dismiss felony animal cruelty charges under section 828.12 "because [the defendant] did not intend for the animal to endure a cruel death or any unnecessary pain or suffering.”
Donald Ray Kervin v. State of Florida (2016)
“as amended to read, in relevant part: A person who intentionally commits an act to any animal, or a person who owns or has the custody or control of any animal and fails to act, which results in the cruel death, or excessive or repeated infliction of unnecessary pain or…”
Reynolds v. State (2001)
“excessive or repeated infliction of unnecessary pain or suffering” in violation of section 828.12(2), Florida Statutes (1997).”
Brown v. State (2015)
“-6- § 828.12, Fla. Stat. (2013) (emphasis added).”
Lukaszewski v. State (2013)
“Brent Lukaszewski appeals his conviction and sentence for felony cruelty to animals in violation of section 828.12(2), Florida Statutes (2011).”
— 828.12(2)(a) — 2 cases
In Re Standard Jury Inst. in Crim. Cases No. 2007-03 (2008)
“13 ANIMAL CRUELTY [FELONY] [§ 828.12(2), Fla. Stat. reserved] To prove the crime of Animal Cruelty, the State must prove the following element beyond a reasonable doubt: (Defendant) intentionally committed an act to an animal which resulted in [the excessive or repeated…”
In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2013-07 (2014)
“13(a) ANIMAL CRUELTY (MISDEMEANOR) § 828.12(1), Fla. Stat. To prove the crime of Animal Cruelty, the State must prove the following element beyond a reasonable doubt that: Give a, b, or c as applicable.”
— 828.12(3) — 1 case
In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2013-07 (2014)
“13(a) ANIMAL CRUELTY (MISDEMEANOR) § 828.12(1), Fla. Stat. To prove the crime of Animal Cruelty, the State must prove the following element beyond a reasonable doubt that: Give a, b, or c as applicable.”
— 828.12(l) — 1 case
King v. State (2009)
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.