§711-1109 Cruelty to animals in the second
degree. (1) A person commits the offense of cruelty to animals in the
second degree if the person intentionally, knowingly, or recklessly:
(a) Overdrives, overloads, tortures, torments,
beats, causes substantial bodily injury to, or starves any animal, or causes
the overdriving, overloading, torture, torment, beating, or starving of any
animal;
(b) Deprives a pet animal of necessary sustenance or
causes that deprivation;
(c) Mutilates, poisons, or kills without need any
animal other than insects, vermin, or other pests; provided that the handling
or extermination of any insect, vermin, or other pest is conducted in
accordance with standard and acceptable pest control practices and all
applicable laws and regulations;
(d) Keeps, uses, or in any way is connected with or
interested in the management of, or receives money for the admission of any
person to, any place kept or used for the purpose of fighting or baiting any
bull, bear, cock, or other animal, and includes every person who encourages,
aids, or assists therein, or who permits or suffers any place to be so kept or
used;
(e) Carries or causes to be carried, in or upon any
vehicle or other conveyance, any animal in a cruel or inhumane manner;
(f) Confines or causes to be confined, in a kennel
or cage, any pet animal in a cruel or inhumane manner;
(g) Tethers, fastens, ties, or restrains a dog to a
doghouse, tree, fence, or any other stationary object, or uses a trolley,
trolley with swivels, pulley, cable, running line, or trolley lacking swivels
at each end that is designed to attach a dog to two stationary objects in a
configuration that endangers the dog, including preventing the dog from
obtaining necessary sustenance;
(h) Tethers or restrains a dog under the age of six
months unless the dog is engaged in an activity supervised by its owner or an
agent of its owner;
(i) Tethers or restrains a dog by a tow or log
chain;
(j) Tethers or restrains by means of choke collar,
pinch collar, or prong collar unless the dog is engaged in an activity
supervised by its owner or an agent of its owner; or
(k) Assists another in the commission of any act
specified in paragraphs (a) through (j).
(2) Subsection (1)(a), (b), (c), (e), (f),
(g), and (h) shall not apply to:
(a) Accepted veterinary practices;
(b) Activities carried on for scientific research
governed by standards of accepted educational or medicinal practices; or
(c) Pest control operations conducted pursuant to
chapter 149A by a pest control operator licensed pursuant to chapter 460J, if
the pest control is performed under a written contract.
(3) Whenever any animal is so severely injured
that there is no reasonable probability that its life or usefulness can be
saved, the animal may be immediately destroyed without creating any offense
under this section.
(4) Cruelty to animals in the second degree is
a misdemeanor, except that if the offense involves ten or more pet animals in
any one instance, then cruelty to animals in the second degree is a class C
felony. [L 1972, c 9, pt of §1; am L 1986, c 192, §§1, 2; am L 1998, c 173, §2;
am L 2007, c 114, §4; am L 2009, c 160, §1; am L 2011, c 226, §1; am L 2013, c
210, §2; am L 2021, c 182, §1]
Law Journals and Reviews
Cruelty to Animals: Recognizing Violence Against Nonhuman
Victims. 23 UH L. Rev. 307 (2000).
Case Notes
Constitutionality upheld. 61 H. 136, 597 P.2d 590 (1979).
Notes of Decisions
Cited in
12
cases (
4 in the last 5 years), 1979–2026 · leading case:
Kahaikupuna v. State, 124 P.3d 975 (Haw. 2006).
Kahaikupuna v. State, 124 P.3d 975 (Haw. 2006).
· cites it 18× “The springs of water, running water, and roads shall be free to all, on all lands granted fee simple; provided that this shall not be applicable to wells and watercourses, which individuals have made for their own use. [6] HRS § 711-1109 (1993 & Supp.2004) of the Hawai`i Penal…”
Marsland v. Pang, 701 P.2d 175 (Haw. App. 1985).
· cites it 5× “Cruelty to animals in violation of HRS § 711-1109 (1976). 10. Violation of the City’s Comprehensive Zoning Code (CZC) §21-4.”
State v. Kaneakua, 597 P.2d 590 (Haw. 1979).
· cites it 4× “Any person who shall keep or use, or in any way be connected with or interested in the management of, or shall receive money for, the admission of any person to any place kept or used for the purpose of fighting or baiting any bull, bear, dog, cock, or other creature, and every…”
State v. Meyers, 145 P.3d 821 (Haw. App. 2006).
· cites it 2× “HRS § 711-1109(l)(a) (Supp.2005) provides: (1) A person commits the offense of cruelty to animals if the person intentionally, knowingly, or recklessly: (a) Overdrives, overloads, tortures, torments, cruelly beats or starves any animal, or causes or procures the overdriving,…”
United States v. Stevens, 533 F.3d 218 (3rd Cir. 2008).
“§ 16-12-4 (2000); Haw.Rev.Stat. § 711-1109 (2007); Idaho Code Ann.”
Young v. Cnty. of Hawaii, 947 F. Supp. 2d 1087 (D. Haw. 2013).
· cites it 8× “At some point in 2007, Plaintiff was charged with Animal Cruelty in the 2nd Degree under Haw.Rev.Stat. § 711-1109. 6 See HIHS Defs.”
State v. Cochran (Haw. App. 2023).
· cites it 28× “HRS § 711-1109 as a whole addresses "[c]ruelty to animals" and "we must read statutory language in the context of the entire statute and construe it in a manner consistent with its purpose.”
State v. Mortensen, 191 P.3d 1097 (Haw. App. 2008).
· cites it 22× “[2] On appeal, Mortensen contends (1) the district court erred in finding that he possessed the requisite state of mind, (2) the district court erred in convicting him under HRS § 711-1109 (1) (b) [3] because the deceased animal fell under the statute's "other pests" exception,…”
State v. Moore, 550 P.3d 262 (Haw. App. 2024).
· cites it 9× “Moore, was separately charged with 24 counts of Cruelty to Animals in the Second Degree in violation of HRS § 711-1109(1)(b) and/or (h). The cases involved the same 24 dogs, which were found at NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Friends for Life,…”
State v. Koike, 466 P.3d 882 (Haw. App. 2020).
· cites it 2× “2017); two counts of driving without no-fault insurance, in violation of HRS § 431:10C-104(a) (2005); two counts of "Unlicensed Dog," in violation of HRS § 143-2 (2011); and one count of cruelty to animals in the second degree, in violation of HRS § 711-1109(1)(b) (2014). In the…”
State v. Glover (Haw. App. 2025).
“Glover was charged by complaint with Cruelty to Animals in the Second Degree in violation of Hawaii Revised Statutes (HRS) § 711-1109(1)(a). She pleaded not guilty and waived her right to a jury trial.”
— Haw. Rev. Stat. § 711-1109(1) — 2 cases
Kahaikupuna v. State, 124 P.3d 975 (Haw. 2006).
“The springs of water, running water, and roads shall be free to all, on all lands granted fee simple; provided that this shall not be applicable to wells and watercourses, which individuals have made for their own use. [6] HRS § 711-1109 (1993 & Supp.2004) of the Hawai`i Penal…”
State v. Cochran (Haw. App. 2023).
“HRS § 711-1109 as a whole addresses "[c]ruelty to animals" and "we must read statutory language in the context of the entire statute and construe it in a manner consistent with its purpose.”
— Haw. Rev. Stat. § 711-1109(1)(a) — 1 case
State v. Glover (Haw. App. 2025).
“Glover was charged by complaint with Cruelty to Animals in the Second Degree in violation of Hawaii Revised Statutes (HRS) § 711-1109(1)(a). She pleaded not guilty and waived her right to a jury trial.”
— Haw. Rev. Stat. § 711-1109(1)(b) — 4 cases
State v. Moore, 550 P.3d 262 (Haw. App. 2024).
“Moore, was separately charged with 24 counts of Cruelty to Animals in the Second Degree in violation of HRS § 711-1109(1)(b) and/or (h). The cases involved the same 24 dogs, which were found at NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Friends for Life,…”
State v. Cochran (Haw. App. 2023).
“HRS § 711-1109 as a whole addresses "[c]ruelty to animals" and "we must read statutory language in the context of the entire statute and construe it in a manner consistent with its purpose.”
State v. Koike, 466 P.3d 882 (Haw. App. 2020).
“2017); two counts of driving without no-fault insurance, in violation of HRS § 431:10C-104(a) (2005); two counts of "Unlicensed Dog," in violation of HRS § 143-2 (2011); and one count of cruelty to animals in the second degree, in violation of HRS § 711-1109(1)(b) (2014). In the…”
State v. Mortensen, 191 P.3d 1097 (Haw. App. 2008).
“[2] On appeal, Mortensen contends (1) the district court erred in finding that he possessed the requisite state of mind, (2) the district court erred in convicting him under HRS § 711-1109 (1) (b) [3] because the deceased animal fell under the statute's "other pests" exception,…”
— Haw. Rev. Stat. § 711-1109(1)(d) — 1 case
Kahaikupuna v. State, 124 P.3d 975 (Haw. 2006).
“The springs of water, running water, and roads shall be free to all, on all lands granted fee simple; provided that this shall not be applicable to wells and watercourses, which individuals have made for their own use. [6] HRS § 711-1109 (1993 & Supp.2004) of the Hawai`i Penal…”
— Haw. Rev. Stat. § 711-1109(1)(f) — 1 case
State v. Cochran (Haw. App. 2023).
“HRS § 711-1109 as a whole addresses "[c]ruelty to animals" and "we must read statutory language in the context of the entire statute and construe it in a manner consistent with its purpose.”
— Haw. Rev. Stat. § 711-1109(1)(h) — 1 case
State v. Moore, 550 P.3d 262 (Haw. App. 2024).
“Moore, was separately charged with 24 counts of Cruelty to Animals in the Second Degree in violation of HRS § 711-1109(1)(b) and/or (h). The cases involved the same 24 dogs, which were found at NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Friends for Life,…”
— Haw. Rev. Stat. § 711-1109(4) — 1 case
Young v. Cnty. of Hawaii, 947 F. Supp. 2d 1087 (D. Haw. 2013).
“At some point in 2007, Plaintiff was charged with Animal Cruelty in the 2nd Degree under Haw.Rev.Stat. § 711-1109. 6 See HIHS Defs.”
— Haw. Rev. Stat. § 711-1109(b) — 1 case
State v. Mortensen, 191 P.3d 1097 (Haw. App. 2008).
“[2] On appeal, Mortensen contends (1) the district court erred in finding that he possessed the requisite state of mind, (2) the district court erred in convicting him under HRS § 711-1109 (1) (b) [3] because the deceased animal fell under the statute's "other pests" exception,…”
— Haw. Rev. Stat. § 711-1109(l)(a) — 1 case
State v. Meyers, 145 P.3d 821 (Haw. App. 2006).
“HRS § 711-1109(l)(a) (Supp.2005) provides: (1) A person commits the offense of cruelty to animals if the person intentionally, knowingly, or recklessly: (a) Overdrives, overloads, tortures, torments, cruelly beats or starves any animal, or causes or procures the overdriving,…”
— Haw. Rev. Stat. § 711-1109(l)(b) — 1 case
State v. Kaneakua, 597 P.2d 590 (Haw. 1979).
“Any person who shall keep or use, or in any way be connected with or interested in the management of, or shall receive money for, the admission of any person to any place kept or used for the purpose of fighting or baiting any bull, bear, dog, cock, or other creature, and every…”
— Haw. Rev. Stat. § 711-1109(l)(d) — 1 case
State v. Kaneakua, 597 P.2d 590 (Haw. 1979).
“Any person who shall keep or use, or in any way be connected with or interested in the management of, or shall receive money for, the admission of any person to any place kept or used for the purpose of fighting or baiting any bull, bear, dog, cock, or other creature, and every…”
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