578.012. Animal abuse — penalties. — 1. A person commits the offense of animal abuse if he or she:
(1) Intentionally 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;
(2) Purposely or intentionally causes injury or suffering to an animal; or
(3) Having ownership or custody of an animal knowingly fails to provide adequate care which results in substantial harm to the animal.
2. Animal abuse is a class A misdemeanor, unless the defendant has previously been found guilty of animal abuse or the suffering involved in subdivision (2) of subsection 1 of this section is the result of torture or mutilation consciously inflicted while the animal was alive, in which case it is a class E felony.
Notes of Decisions
Cited in
30
cases (
2 in the last 5 years), 1989–2024 · leading case:
State v. Larson, 941 S.W.2d 847 (Mo. Ct. App. 1997).
State v. Larson, 941 S.W.2d 847 (Mo. Ct. App. 1997).
· cites it 24× “Daryl Larson appeals his convictions of fifty counts of misdemeanor animal abuse, § 578.012, RSMo 1994, and fifty counts of misdemeanor failure to dispose of dead animals, §§ 269.”
State v. Cochran, 365 S.W.3d 628 (Mo. Ct. App. 2012).
· cites it 12× “Judy Ines Cochran appeals her conviction, after a jury trial, from the Circuit Court of Boone County of the misdemean- or of animal abuse, section 578.012, 1 and of a violation of a county ordinance for failure to vaccinate, section 192.”
State v. Berry, 92 S.W.3d 823 (Mo. Ct. App. 2003).
· cites it 3× “Appellants, Susan Berry and Steven Morrison, respectively, appeal their convictions in six cases each, of the Class A misdemeanor of animal abuse, proscribed by section 578.012, RSMo 2000, after a bench trial in the Circuit Court of Lawrence County.”
State v. Fackrell, 277 S.W.3d 859 (Mo. Ct. App. 2009).
· cites it 4× “Fackrell (“Defendant”) was charged with the misdemeanor offense of *861 animal abuse pursuant to section 578.012. 1 After a jury trial, Defendant was convicted of that offense, waived jury sentencing, and received a sentence of one year in the county jail plus a $100 fíne.”
State ex rel. Zobel v. Burrell, 167 S.W.3d 688 (Mo. 2005).
· cites it 4× “009 and section 578.012. “Animal neglect” is defined as the failure “to provide adequate care or adequate control, which results in substantial harm to the animal.”
State v. Roberts, 957 S.W.2d 449 (Mo. Ct. App. 1997).
· cites it 4× “Roberts is charged with one count of felony animal abuse, § 578.012, and, in the alternative, with one count of misdemeanor animal abuse, § 578.”
Smith v. State, 240 S.W.3d 756 (Mo. Ct. App. 2007).
· cites it 4× “” The record reveals Movant was charged by Information on May 12, 2004, with five counts of the Class D felony of animal abuse, a violation of section 578.012. 2 Thereafter, pursuant to a plea agreement, Movant pled guilty to the aforementioned charges.”
State v. Hammond, 569 S.W.3d 21 (Mo. Ct. App. 2018).
· cites it 7× “Alok Ahuja, Judge After a jury trial in the Circuit Court of Cass County, Appellant Roy Vance Hammond was convicted of misdemeanor animal abuse, in violation of § 578.012. 1 Hammond appeals. He argues that the circuit court erred in refusing to allow his attorney to read the…”
United States v. Stevens, 533 F.3d 218 (3rd Cir. 2008).
“§§ 97-41-2, -3, -5, -7, -9, -11, 13, -15, -17, - 19, -21, -23 (2008); Mo.Rev.Stat. §§ 578.012, .025, .050 (2008); Mont.”
State v. Eggers, 51 S.W.3d 927 (Mo. Ct. App. 2001).
· cites it 2× “§ 578.012, RSMo Cum.Supp.1999. The state filed a motion to dismiss the appeal on the grounds that Mr.”
Tabor v. State, 282 S.W.3d 381 (Mo. Ct. App. 2009).
· cites it 3× “The record reveals Movant was charged in the “First Amended Information” on June 7, 2005, with one count of the Class D felony of animal abuse, a violation of section 578.012, RSMo Cum.Supp.2001. Following a jury trial, Movant was convicted and sentenced to seven years in the…”
State v. Stout, 958 S.W.2d 32 (Mo. Ct. App. 1997).
· cites it 3× “The Missouri Legislature in 1996 amended Section 578.012 RSMo 1994 so that an animal abuser may now be convicted of a felony offense by torturing, or mutilating, or both.”
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