(a) If any person shall intentionally overdrive, overload, wound, injure, torment, kill, or deprive of necessary sustenance, or cause or procure to be overdriven, overloaded, wounded, injured, tormented, killed, or deprived of necessary sustenance, any animal, every such offender shall for every such offense be guilty of a Class 1 misdemeanor.
(a1) If any person shall maliciously kill, or cause or procure to be killed, any animal by intentional deprivation of necessary sustenance, that person shall be guilty of a Class H felony.
(b) If any person shall maliciously torture, mutilate, maim, cruelly beat, disfigure, poison, or kill, or cause or procure to be tortured, mutilated, maimed, cruelly beaten, disfigured, poisoned, or killed, any animal, every such offender shall for every such offense be guilty of a Class H felony. However, nothing in this section shall be construed to increase the penalty for cockfighting provided for in G.S. 14-362.
(c) As used in this section, the words "torture", "torment", and "cruelly" include or refer to any act, omission, or neglect causing or permitting unjustifiable pain, suffering, or death. As used in this section, the word "intentionally" refers to an act committed knowingly and without justifiable excuse, while the word "maliciously" means an act committed intentionally and with malice or bad motive. As used in this section, the term "animal" includes every living vertebrate in the classes Amphibia, Reptilia, Aves, and Mammalia except human beings. However, this section shall not apply to the following activities:
(1) The lawful taking of animals under the jurisdiction and regulation of the Wildlife Resources Commission, except that this section shall apply to those birds other than pigeons exempted by the Wildlife Resources Commission from its definition of "wild birds" pursuant to G.S. 113-129(15a).
(2) Lawful activities conducted for purposes of biomedical research or training or for purposes of production of livestock, poultry, or aquatic species.
(2a) Lawful activities conducted for the primary purpose of providing food for human or animal consumption.
(3) Activities conducted for lawful veterinary purposes.
(4) The lawful destruction of any animal for the purposes of protecting the public, other animals, property, or the public health.
(5) The physical alteration of livestock or poultry for the purpose of conforming with breed or show standards. (1881, c. 34, s. 1; c. 368, ss. 1, 15; Code, ss. 2482, 2490; 1891, c. 65; Rev., s. 3299; 1907, c. 42; C.S., s. 4483; 1969, c. 1224, s. 2; 1979, c. 641; 1985 (Reg. Sess., 1986), c. 967, s. 1; 1989, c. 670, s. 1; 1993, c. 539, s. 239; 1994, Ex. Sess., c. 24, s. 14(c); 1998-212, s. 17.16(c); 1999-209, s. 8; 2007-211, ss. 1, 2; 2010-16, ss. 1, 2; 2015-286, s. 4.32(a).)
Notes of Decisions
Cited in
27
cases (
6 in the last 5 years), 1962–2025 · leading case:
Malloy v. Cooper, 592 S.E.2d 17 (N.C. Ct. App. 2004).
Malloy v. Cooper, 592 S.E.2d 17 (N.C. Ct. App. 2004).
· cites it 26× “Background On 3 March 1999, plaintiff filed a complaint seeking (1) an injunction enjoining defendants from enforcing G.S. § 14-360 against plaintiff, (2) a judgment declaring that G.”
Malloy v. Easley, 551 S.E.2d 911 (N.C. Ct. App. 2001).
· cites it 35× “See N.C. Gen. Stat. § 14-360 (1999). Plaintiff alleges that the office of the district attorney, at some point in time, “indicated it would prosecute the Plaintiff for violation of N.”
Malloy v. Cooper, 673 S.E.2d 783 (N.C. Ct. App. 2009).
· cites it 25× “Plaintiff filed a declaratory judgment action in 1999, seeking a determination that N.C. Gen. Stat. § 14-360 , an animal cruelty statute, was unconstitutional and could not be used to prosecute Plaintiff for operating pigeon shoots.”
State v. Mauer, 688 S.E.2d 774 (N.C. Ct. App. 2010).
· cites it 6× “]” N.C. Gen. Stat. § 14-360 (a) (2007); State v.”
Malloy v. Cooper, 565 S.E.2d 76 (N.C. 2002).
· cites it 12× “In response to interrogatories, plaintiff answered that the District Attorney for the Ninth Prosecutorial District, which covers Granville County, “notified the Plaintiff, through counsel, that he considers the conduct at the Dogwood Invitational to be in violation of amended…”
State v. Nance, 562 S.E.2d 557 (N.C. Ct. App. 2002).
· cites it 7× “N.C. Gen. Stat. § 14-360 (a) (1999). The trial court found, and the record shows, that the horses were extremely thin and in an emaciated condition when the officers observed them.”
Just. for Animals, Inc. v. Robeson Cnty., 595 S.E.2d 773 (N.C. Ct. App. 2004).
· cites it 3× “Facts On or about 5 November 2001, plaintiffs filed a complaint in Robeson County District Court against defendants Robeson County, the Director of the Robeson County Health Department, and the Director of the Robeson County Animal Control Facility for alleged violations of N.C.…”
State v. Hinkle, 659 S.E.2d 34 (N.C. Ct. App. 2008).
· cites it 4× “§ 106-403 (2005)), felony cruelty to animals ( N.C. Gen. Stat. § 14-360 (2005)), and second degree trespass ( N.”
State v. Coble, 593 S.E.2d 109 (N.C. Ct. App. 2004).
· cites it 4× “]” N.C. Gen. Stat. § 14-360 (a) (2003). Under the cruelty to animals statute, “intentionally” refers to an act or omission “committed knowingly and without justifiable excuse.”
United States v. Stevens, 533 F.3d 218 (3rd Cir. 2008).
“Law §§ 350-353 -a (McKinney 2008); N.C. Gen.Stat. §§ 14-360 to-363.2 (2007); N.”
People v. Allen, 657 P.2d 447 (Colo. 1983).
“§ 353 (McKinney 1972); N.C.Gen.Stat. § 14-360 (1981); N.D.Cent.Code § 36-21.”
— N.C. Gen. Stat. § 14-360(a) — 1 case
Malloy v. Cooper, 592 S.E.2d 17 (N.C. Ct. App. 2004).
“Background On 3 March 1999, plaintiff filed a complaint seeking (1) an injunction enjoining defendants from enforcing G.S. § 14-360 against plaintiff, (2) a judgment declaring that G.”
— N.C. Gen. Stat. § 14-360(b) — 4 cases
Malloy v. Cooper, 592 S.E.2d 17 (N.C. Ct. App. 2004).
“Background On 3 March 1999, plaintiff filed a complaint seeking (1) an injunction enjoining defendants from enforcing G.S. § 14-360 against plaintiff, (2) a judgment declaring that G.”
— N.C. Gen. Stat. § 14-360(c) — 3 cases
— N.C. Gen. Stat. § 14-360(c)(l) — 2 cases
Malloy v. Cooper, 592 S.E.2d 17 (N.C. Ct. App. 2004).
“Background On 3 March 1999, plaintiff filed a complaint seeking (1) an injunction enjoining defendants from enforcing G.S. § 14-360 against plaintiff, (2) a judgment declaring that G.”
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