Tennessee Code Annotated
Tenn. Code Ann. § 39-14-202 (2026)
Cruelty to animals
✓ current as of May 2026
- (a) A person commits an offense who intentionally or knowingly:
- (1) Tortures, maims or grossly overworks an animal;
- (2)
- (A) Fails unreasonably to provide necessary food, water, or care for an animal in the person's custody; or
- (B)
- (i) Fails unreasonably to provide access to necessary shelter for an animal other than a dog in the person's custody; or
- (ii)
- (a) Unless exempted under subdivision (a)(2)(B)(ii)(b), fails unreasonably to provide access to shelter in a structure that meets the following requirements for a dog in the person's custody that resides primarily outdoors:
- (1) The structure is constructed of sound and substantial material, is sufficient to protect the dog from inclement weather, and is of a size appropriate to allow the dog to maintain normal body temperature;
- (2) The structure must have a roof and be enclosed on all sides with an entrance of adequate size for the dog to enter, and have dimensions that allow the dog, while in the shelter, to stand erect, sit, turn around, and lie down in a normal position;
- (3) The structure provides a solid surface, resting platform, pad, floormat, or similar device that is large enough for the dog to lie on in a normal manner and that can be maintained in a sanitary manner;
- (4) From March through October, the structure is properly shaded, and from November through February, when necessary to protect the dog from cold and promote the retention of body heat, the shelter is fitted with a sufficient quantity of bedding material; and
- (5) The structure or structures must be of a sufficient size or number to provide shelter to each dog present at the same time;
- (b) The requirements in subdivision (a)(2)(B)(ii)(a) do not apply when a dog is actively engaged in lawful hunting; police, military, or patrol work; detection work; search-and-rescue; herding or livestock guarding; trials and other lawful competitions; service and assistance work; other working, sporting, and competitive functions; or while actively training for these purposes and functions;
- (a) Unless exempted under subdivision (a)(2)(B)(ii)(b), fails unreasonably to provide access to shelter in a structure that meets the following requirements for a dog in the person's custody that resides primarily outdoors:
- (3) Abandons unreasonably an animal in the person's custody;
- (4) Transports or confines an animal in a cruel manner; or
- (5) Inflicts burns, cuts, lacerations, or other injuries or pain, by any method, including blistering compounds, to the legs or hooves of horses in order to make them sore for any purpose including, but not limited to, competition in horse shows and similar events.
- (b) A person commits an offense who knowingly ties, tethers, or restrains a dog in a manner that results in the dog suffering bodily injury as defined in § 39-11-106.
- (c) It is a defense to prosecution under this section that the person was engaged in accepted veterinary practices, medical treatment by the owner or with the owner's consent, or bona fide experimentation for scientific research.
- (d) Whenever any person is taken into custody by any officer for violation of subdivision (a)(4), the officer may take charge of the vehicle or conveyance, and its contents, used by the person to transport the animal. The officer shall deposit these items in a safe place for custody. Any necessary expense incurred for taking charge of and sustaining the same shall be a lien thereon, to be paid before the same can lawfully be recovered; or the expenses, or any part thereof, remaining unpaid may be recovered by the person incurring the same of the owners of the animal in an action therefor.
- (e) In addition to the penalty imposed in subsection (g), the court making the sentencing determination for a person convicted under this section shall order the person convicted to surrender custody and forfeit the animal or animals whose treatment was the basis of the conviction. Custody shall be given to a humane society incorporated under the laws of this state. The court may prohibit the person convicted from having custody of other animals for any period of time the court determines to be reasonable, or impose any other reasonable restrictions on the person's custody of animals as necessary for the protection of the animals.
- (f)
- (1) Nothing in this section shall be construed as prohibiting the owner of a farm animal or someone acting with the consent of the owner of that animal from engaging in usual and customary practices which are accepted by colleges of agriculture or veterinary medicine with respect to that animal.
- (2) It is an offense for a person other than a law enforcement officer acting with probable cause to knowingly interfere with the performance of any agricultural practices permitted by subdivision (f)(1).
- (3) An offense under subdivision (f)(2) is a Class B misdemeanor.
- (g)
- (1) Cruelty to animals is a Class A misdemeanor.
- (2) A second or subsequent conviction for cruelty to animals is a Class E felony.
- (3) Violation of any prohibition or restriction imposed by the sentencing court pursuant to subsection (e) is a Class A misdemeanor.
Amended by 2023 Tenn. Acts, ch. 335, s 1, eff. 7/1/2023.
Acts 1989, ch. 591, § 1; 1991, ch. 223, § 1; 1992, ch. 840, § 1; 1997 , ch. 90, § 4; 2004, ch. 940, § 6; 2007 , ch. 535, § 1; 2010 , ch. 816, § 1.
Notes of Decisions
Cited in 28
cases (8 in the last 5 years), 2001–2026 · leading case: State v. Webb, 130 S.W.3d 799 (Tenn. Crim. App. 2003).
State v. Webb, 130 S.W.3d 799 (Tenn. Crim. App. 2003). “Animal Cruelty Statute is Unconstitutionally Yague The defendants argue that Tennessee Code Annotated section 39-14-202, the statute under which they were charged and convicted, is unconstitutionally vague.”
Sidney S. Stanton III v. State of Tennessee, 395 S.W.3d 676 (Tenn. 2013). “The response noted a correlation between public sentiment and the legislature’s enactment of Tennessee Code Annotated section 39-14-202, which provides that a person who “fails unreasonably to provide necessary food, water, care or shelter for an animal in the person’s custody”…”
State v. Siliski, 238 S.W.3d 338 (Tenn. Crim. App. 2007). “Tenn. Code Ann. § 39-14-202 (d) (emphasis added).”
State of Tennessee v. Michael Broyles (Tenn. Crim. App. 2021). “Code section 39-14-202 is captioned “Cruelty to animals” and provides, in part: (a) A person commits an offense who intentionally or knowingly: (1) Tortures, maims or grossly overworks an animal; (2) Fails unreasonably to provide necessary food, water, care or shelter for an…”
State of Tennessee v. Michael Patrick Sullivan & Deborah Clark Buckner, Alias (Tenn. Crim. App. 2021). “See Tenn. Code Ann. § 39-14-202 (b). The proof adduced at trial established that the Defendants ran a self-described rescue operation in which they took in horses of varying degrees of health in an effort to rehome them, rehabilitate them, sell them, or prevent their being sold…”
State of Tennessee v. Jessica Hartle Lumpkins (Tenn. Crim. App. 2022). “On September 16, 2020, the Davidson County Grand Jury indicted Defendant on three counts of animal cruelty in violation of Tennessee Code Annotated section 39-14-202, alleging that Defendant “did fail unreasonably to provide necessary food, water, care or shelter for animals in…”
State of Tennessee v. Jessica Hartle Lumpkins (Tenn. Crim. App. 2022). “On September 16, 2020, the Davidson County Grand Jury indicted Defendant on three counts of animal cruelty in violation of Tennessee Code Annotated section 39-14-202, alleging that Defendant “did fail unreasonably to provide necessary food, water, care or shelter for animals in…”
State of Tennessee v. Patricia Adkisson (Tenn. Crim. App. 2001). “See Tenn. Code Ann. §§ 39-14-202 , 39-16-503.”
State of Tennessee v. Roy Edward Tolliver, Jr. (Tenn. Crim. App. 2005). “Specifically, he contends that the trial court erred in the application of enhancement and mitigating factors and in weighing the applicable factors.”
State of Tennessee v. Richard Wools (Tenn. Crim. App. 2001). “[f]ails unreasonably to provide necessary food, water, care or shelter for an animal in the person’s custody.”
In Re Tennessee Walking Horse Forfeiture Litig. (Tenn. Ct. App. 2015). “Tenn. Code Ann. § 39-14-202 (e) (stating “the court shall order the person convicted to surrender custody and forfeit the animal or animals whose treatment was the basis of the conviction”).”
State of Tennessee v. Carolyn Tillilie (Tenn. Ct. App. 2016). “OPINION Background & Procedure Appellant Carolyn Tillilie (“Appellant”) was charged1 with cruelty to three horses in violation of Tennessee Code Annotated section 39-14-202(a)(2)2 in the General Sessions Court of Fayette County after the horses were discovered to be dangerously…”
— Tenn. Code Ann. § 39-14-202(2) — 2 cases
State of Tennessee v. Jessica Hartle Lumpkins (Tenn. Crim. App. 2022). “On September 16, 2020, the Davidson County Grand Jury indicted Defendant on three counts of animal cruelty in violation of Tennessee Code Annotated section 39-14-202, alleging that Defendant “did fail unreasonably to provide necessary food, water, care or shelter for animals in…”
State of Tennessee v. Jessica Hartle Lumpkins (Tenn. Crim. App. 2022). “On September 16, 2020, the Davidson County Grand Jury indicted Defendant on three counts of animal cruelty in violation of Tennessee Code Annotated section 39-14-202, alleging that Defendant “did fail unreasonably to provide necessary food, water, care or shelter for animals in…”
— Tenn. Code Ann. § 39-14-202(a) — 1 case
State v. Siliski, 238 S.W.3d 338 (Tenn. Crim. App. 2007). “Tenn. Code Ann. § 39-14-202 (d) (emphasis added).”
— Tenn. Code Ann. § 39-14-202(a)(2) — 8 cases
State v. Webb, 130 S.W.3d 799 (Tenn. Crim. App. 2003). “Animal Cruelty Statute is Unconstitutionally Yague The defendants argue that Tennessee Code Annotated section 39-14-202, the statute under which they were charged and convicted, is unconstitutionally vague.”
Sidney S. Stanton III v. State of Tennessee, 395 S.W.3d 676 (Tenn. 2013). “The response noted a correlation between public sentiment and the legislature’s enactment of Tennessee Code Annotated section 39-14-202, which provides that a person who “fails unreasonably to provide necessary food, water, care or shelter for an animal in the person’s custody”…”
State v. Siliski, 238 S.W.3d 338 (Tenn. Crim. App. 2007). “Tenn. Code Ann. § 39-14-202 (d) (emphasis added).”
State of Tennessee v. Michael Broyles (Tenn. Crim. App. 2021). “Code section 39-14-202 is captioned “Cruelty to animals” and provides, in part: (a) A person commits an offense who intentionally or knowingly: (1) Tortures, maims or grossly overworks an animal; (2) Fails unreasonably to provide necessary food, water, care or shelter for an…”
State of Tennessee v. Carolyn Tillilie (Tenn. Ct. App. 2016). “OPINION Background & Procedure Appellant Carolyn Tillilie (“Appellant”) was charged1 with cruelty to three horses in violation of Tennessee Code Annotated section 39-14-202(a)(2)2 in the General Sessions Court of Fayette County after the horses were discovered to be dangerously…”
— Tenn. Code Ann. § 39-14-202(b) — 1 case
State of Tennessee v. Michael Broyles (Tenn. Crim. App. 2021). “Code section 39-14-202 is captioned “Cruelty to animals” and provides, in part: (a) A person commits an offense who intentionally or knowingly: (1) Tortures, maims or grossly overworks an animal; (2) Fails unreasonably to provide necessary food, water, care or shelter for an…”
— Tenn. Code Ann. § 39-14-202(c) — 1 case
State of Tennessee v. Michael Broyles (Tenn. Crim. App. 2021). “Code section 39-14-202 is captioned “Cruelty to animals” and provides, in part: (a) A person commits an offense who intentionally or knowingly: (1) Tortures, maims or grossly overworks an animal; (2) Fails unreasonably to provide necessary food, water, care or shelter for an…”
— Tenn. Code Ann. § 39-14-202(d) — 2 cases
State v. Webb, 130 S.W.3d 799 (Tenn. Crim. App. 2003). “Animal Cruelty Statute is Unconstitutionally Yague The defendants argue that Tennessee Code Annotated section 39-14-202, the statute under which they were charged and convicted, is unconstitutionally vague.”
State v. Siliski, 238 S.W.3d 338 (Tenn. Crim. App. 2007). “Tenn. Code Ann. § 39-14-202 (d) (emphasis added).”
— Tenn. Code Ann. § 39-14-202(e) — 1 case
In Re Tennessee Walking Horse Forfeiture Litig. (Tenn. Ct. App. 2015). “Tenn. Code Ann. § 39-14-202 (e) (stating “the court shall order the person convicted to surrender custody and forfeit the animal or animals whose treatment was the basis of the conviction”).”
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