578.005. Definitions. — As used in sections 578.005 to 578.023, the following terms shall mean:
(1) "Adequate care", normal and prudent attention to the needs of an animal, including wholesome food, clean water, shelter and health care as necessary to maintain good health in a specific species of animal;
(2) "Adequate control", to reasonably restrain or govern an animal so that the animal does not injure itself, any person, any other animal, or property;
(3) "Animal", every living vertebrate except a human being;
(4) "Animal shelter", a facility which is used to house or contain animals and which is owned, operated, or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other not-for-profit organization devoted to the welfare, protection, and humane treatment of animals;
(5) "Farm animal", an animal raised on a farm or ranch and used or intended for use in farm or ranch production, or as food or fiber;
(6) "Farm animal professional", any individual employed at a location where farm animals are harbored;
(7) "Harbor", to feed or shelter an animal at the same location for three or more consecutive days;
(8) "Humane killing", the destruction of an animal accomplished by a method approved by the American Veterinary Medical Association's Panel on Euthanasia (JAVMA 173: 59-72, 1978); or more recent editions, but animals killed during the feeding of pet carnivores shall be considered humanely killed;
(9) "Owner", in addition to its ordinary meaning, any person who keeps or harbors an animal or professes to be owning, keeping, or harboring an animal;
(10) "Person", any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity;
(11) "Pests", birds, rabbits, or rodents which damage property or have an adverse effect on the public health, but shall not include any endangered species listed by the United States Department of the Interior nor any endangered species listed in the Wildlife Code of Missouri.
Notes of Decisions
Cited in
12
cases (
1 in the last 5 years), 1991–2024 · leading case:
State v. Fackrell, 277 S.W.3d 859 (Mo. Ct. App. 2009).
State v. Fackrell, 277 S.W.3d 859 (Mo. Ct. App. 2009).
· cites it 6× “Unlike “adequate care,” “knowingly” is not specifically defined within the confines of section 578.005. 4 “Knowingly,” however, is defined as follows in the Criminal Code: 3.”
State ex rel. Zobel v. Burrell, 167 S.W.3d 688 (Mo. 2005).
· cites it 2× “” “Adequate care” is defined as “normal and prudent attention to the needs of an animal, including wholesome food, clean water, shelter and health care necessary to maintain good health in a specific species of animal.”
Ex Parte O'Brien, 190 S.W.3d 677 (Tex. Crim. App. 2006).
“§ 3:2465; Missouri, Mo.Rev.Stat. § 578.005(7); South Carolina, S.”
State v. Hill, 996 S.W.2d 544 (Mo. Ct. App. 1999).
· cites it 5× “007(6) exempts an animal’s owner from the provisions of §§ 578.005 through 578.023. Second, Hill alleges that the trial court erred in admitting the photographs of the dead cats into evidence, since they are a result of an illegal search and seizure.”
Beardslee v. Woodford, 395 F.3d 1064 (9th Cir. 2005).
“2465; Missouri, Mo.Rev.Stat. § 578.005(7); Rhode Island, R.”
State of Missouri v. Grayden Lane Denham (Mo. Ct. App. 2024).
· cites it 8× “A person is guilty of class A misdemeanor animal abuse if he “[i]ntentionally or purposely kills an animal in any manner not allowed by or expressly exempted from the provisions of sections 578.005 to 578.023 and 273.030.” § 578.”
State v. Marshall, 821 S.W.2d 550 (Mo. Ct. App. 1991).
· cites it 3× “” Section 578.005(2) RSMo 1986. Defendant argues that the evidence that the dogs were on the Rose property, unrestrained and uncontrolled, was insufficient because it did not show how the dogs came on the Rose property or that defendant caused them in some way to come on to the…”
State v. Choate, 976 S.W.2d 45 (Mo. Ct. App. 1998).
· cites it 2× “The term “adequate control” is defined in § 578.005(2) as “to reasonably restrain or govern an animal so that the animal does not injure itself, any person, any other animal, or property.”
In Re 8 Horses & 22 Dogs, 297 S.W.3d 125 (Mo. Ct. App. 2009).
“All requests for such warrants shall be accompanied by an affidavit stating the probable cause to believe a violation of sections 578.005 to 578.023 has occurred.”
O'Brien, Derrick Sean (Tex. Crim. App. 2006).
“§ 3:2465; Missouri, Mo. Rev. Stat. § 578.005 (7); South Carolina, S.”
— Mo. Rev. Stat. § 578.005(2) — 2 cases
State v. Marshall, 821 S.W.2d 550 (Mo. Ct. App. 1991).
“” Section 578.005(2) RSMo 1986. Defendant argues that the evidence that the dogs were on the Rose property, unrestrained and uncontrolled, was insufficient because it did not show how the dogs came on the Rose property or that defendant caused them in some way to come on to the…”
State v. Choate, 976 S.W.2d 45 (Mo. Ct. App. 1998).
“The term “adequate control” is defined in § 578.005(2) as “to reasonably restrain or govern an animal so that the animal does not injure itself, any person, any other animal, or property.”
— Mo. Rev. Stat. § 578.005(4) — 1 case
— Mo. Rev. Stat. § 578.005(7) — 2 cases
Ex Parte O'Brien, 190 S.W.3d 677 (Tex. Crim. App. 2006).
“§ 3:2465; Missouri, Mo.Rev.Stat. § 578.005(7); South Carolina, S.”
Beardslee v. Woodford, 395 F.3d 1064 (9th Cir. 2005).
“2465; Missouri, Mo.Rev.Stat. § 578.005(7); Rhode Island, R.”
— Mo. Rev. Stat. § 578.005(8) — 1 case
State of Missouri v. Grayden Lane Denham (Mo. Ct. App. 2024).
“A person is guilty of class A misdemeanor animal abuse if he “[i]ntentionally or purposely kills an animal in any manner not allowed by or expressly exempted from the provisions of sections 578.005 to 578.023 and 273.030.” § 578.”
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