Wash. Rev. Code » Title 16 · Chapter 16.52
Revised Code of Washington

Wash. Rev. Code § 16.52.205 (2026)

Animal cruelty in the first degree

✓ current as of May 2026
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(1) A person is guilty of animal cruelty in the first degree when, except as authorized in law, he or she intentionally (a) inflicts substantial pain on, (b) causes physical injury to, or (c) kills an animal by a means causing undue suffering or while manifesting an extreme indifference to life, or forces a minor to inflict unnecessary pain, injury, or death on an animal.
(2)(a) A person is guilty of animal cruelty in the first degree when, except as authorized by law or as provided in (c) of this subsection, he or she, with criminal negligence, starves, dehydrates, or suffocates an animal, or exposes an animal to excessive heat or cold and as a result causes: (i) Substantial and unjustifiable physical pain that extends for a period sufficient to cause considerable suffering; or (ii) death.
(b) In determining whether an animal has experienced the condition described in (a)(i) of this subsection due to exposure to excessive heat or cold, the trier of fact shall consider any evidence as to: (i) Whether the animal's particular species and breed is physiologically adaptable to the conditions to which the animal was exposed; and (ii) the animal's age, health, medical conditions, and any other physical characteristics of the animal or factor that may affect its susceptibility to excessive heat or cold.
(c) A person is not guilty of animal cruelty in the first degree by means of exposing an animal to excessive heat or cold if the exposure is due to an unforeseen or unpreventable accident or event caused exclusively by an extraordinary force of nature.
(3) A person is guilty of animal cruelty in the first degree when he or she:
(a) Knowingly engages in any sexual conduct or sexual contact with an animal;
(b) Knowingly causes, aids, or abets another person to engage in any sexual conduct or sexual contact with an animal;
(c) Knowingly permits any sexual conduct or sexual contact with an animal to be conducted on any premises under his or her charge or control;
(d) Knowingly engages in, organizes, promotes, conducts, advertises, aids, abets, participates in as an observer, or performs any service in the furtherance of an act involving any sexual conduct or sexual contact with an animal for a commercial or recreational purpose; or
(e) Knowingly photographs or films, for purposes of sexual gratification, a person engaged in a sexual act or sexual contact with an animal.
(4) Animal cruelty in the first degree is a class C felony.
(5) In addition to the penalty imposed in subsection (4) of this section, the court must order that the convicted person not own, care for, possess, or reside in any household where an animal is present, in accordance with RCW 16.52.200.
(6) In addition to the penalties imposed in subsections (4) and (5) of this section, the court may order that the convicted person:
(a) Participate in appropriate counseling at the defendant's expense;
(b) Reimburse the animal shelter or humane society for any reasonable costs incurred for the care and maintenance of any animals taken to the animal shelter or humane society as a result of conduct proscribed in this section.
(7) Nothing in this section prohibits accepted animal husbandry practices or prohibits a licensed veterinarian or certified veterinary technician from performing procedures on an animal that are accepted veterinary medical practices.
(8) If the court has reasonable grounds to believe that a violation of this section has occurred, the court may order the seizure of all animals involved in the alleged violation as a condition of bond of a person charged with a violation.
(9) For purposes of this section:
(a) "Animal" means every creature, either alive or dead, other than a human being.
(b) "Sexual conduct" means any touching by a person of, fondling by a person of, transfer of saliva by a person to, or use of a foreign object by a person on, the sex organs or anus of an animal, either directly or through clothing, or any transfer or transmission of semen by the person upon any part of the animal.
(c) "Sexual contact" means: (i) Any contact, however slight, between the mouth, sex organ, or anus of a person and the sex organ or anus of an animal, or between the sex organ or anus of a person and the mouth of an animal; or (ii) any intrusion, however slight, of any part of the body of the person or foreign object into the sex organ or anus of an animal.
(d) "Photographs" or "films" means the making of a photograph, motion picture film, videotape, digital image, or any other recording, sale, or transmission of the image.
[ 2020 c 158 s 6; 2015 c 235 s 6; 2006 c 191 s 1; 2005 c 481 s 1; 1994 c 261 s 8.]

Notes:

Finding—Intent—1994 c 261: See note following RCW 16.52.011.
Notes of Decisions
Cited in 37 cases (17 in the last 5 years), 1998–2025 · leading case: State Of Washington v. Kathryn Anne St Clare.
Sort: Relevance Newest Treatment
State Of Washington v. Kathryn Anne St Clare (Wash. Ct. App. 2017). · cites it 19× “In its entirety, former RCW 16.52.205 (2006)1 reads: (1) A person is guilty of animal cruelty in the first degree when, except as authorized in law, he or she intentionally (a) inflicts substantial pain on,(b) causes physical injury to, or (c) kills an animal by a means causing…”
State v. Peterson (Wash. Ct. App. 2013). · cites it 13× “205(l)(c); with criminal negligence starving, *850 dehydrating, or suffocating an animal, causing unjustifiable physical pain or suffering, RCW 16.”
Rebecca Thorley & Monica Baxter v. Donald E. Nowlin, et ux (Wash. Ct. App. 2024). · cites it 8× “083, RCW 16.52.205, or 10 No. 39450-6-III, Thorley v.”
State v. Paulson (Wash. Ct. App. 2006). · cites it 6× “And “suffer” means: “To experience or sustain physical or emotional pain, distress, or injury.”
State v. Soto (Wash. Ct. App. 2013). · cites it 4× “Soto was charged with animal cruelty by intentionally inflicting substantial pain on an animal, causing physical injury to an animal, and/or killing an animal by a means that caused undue suffering, a violation of RCW 16.52.205(1). No seriousness level has been assigned to that…”
State v. Abdi-Issa (Wash. 2022). · cites it 2× “The State charged Abdi-Issa with first degree animal cruelty under RCW 16.52.205 and sought a domestic violence designation under RCW 10.”
State v. Smith (Wash. Ct. App. 2009). · cites it 2× “RCW 16.52.205(2). During the jury trial, the State and Smith called several witnesses to testify, including Kaufman, Crow, Thomas, feed store employees, and Smith himself.”
State v. Smith (Wash. Ct. App. 2009). · cites it 2× “RCW 16.52.205(2). During the jury trial, the State and Smith called several witnesses to testify, includ *276 ing Kaufman, Crow, Thomas, feed store employees, and Smith himself.”
State Of Washington, Res/cross-app. v. Abdoul Aziz Jallow, App/cross-res. (Wash. Ct. App. 2021). · cites it 10× “” In each subsection, thereafter follows the words describing the means set forth therein. The error made in Peterson is that the court confused certain subalternatives (“means within a means”) for actual alternative means.”
State v. Paulson (Wash. Ct. App. 2006). · cites it 6× “" BLACK'S LAW DICTIONARY 1563 (8th ed.2004). And "suffer" means: "To experience or sustain physical or emotional pain, distress, or injury.”
Animal Legal Def. Fund v. Olympic Game Farm, Inc. (W.D. Wash. 2019). · cites it 2× “Theories of liability include: 1) violation of the Endangered Species Act (ESA), 2) violation of the Washington State Animal Cruelty Laws ( RCW 16.52.205 ), and 3) maintaining a public nuisance ( RCW 7.”
Animal Legal Def. Fund v. Olympic Game Farm, Inc. (Wash. 2023). · cites it 2× “101264-1 facility, and a public nuisance based on confinement of federally protected species and violation of Washington State animal protection laws (RCW 16.52.205). ALDF conducted extensive discovery, and both parties collected testimony from a number of witnesses, including…”
Show all 37 citing cases →
— Wash. Rev. Code § 16.52.205(1) — 14 cases
State v. Paulson (Wash. Ct. App. 2006). “And “suffer” means: “To experience or sustain physical or emotional pain, distress, or injury.”
State v. Soto (Wash. Ct. App. 2013). “Soto was charged with animal cruelty by intentionally inflicting substantial pain on an animal, causing physical injury to an animal, and/or killing an animal by a means that caused undue suffering, a violation of RCW 16.52.205(1). No seriousness level has been assigned to that…”
State v. Paulson (Wash. Ct. App. 2006). “" BLACK'S LAW DICTIONARY 1563 (8th ed.2004). And "suffer" means: "To experience or sustain physical or emotional pain, distress, or injury.”
State Of Washington v. Robert E. Wilson (Wash. Ct. App. 2019).
State of Washington v. Yuri Anatoly Feitser (Wash. Ct. App. 2024).
— Wash. Rev. Code § 16.52.205(1)(a) — 1 case
State Of Washington, V. Roger August Robatcek (Wash. Ct. App. 2024).
— Wash. Rev. Code § 16.52.205(1)(b) — 2 cases
State v. Paulson (Wash. Ct. App. 2006). “" BLACK'S LAW DICTIONARY 1563 (8th ed.2004). And "suffer" means: "To experience or sustain physical or emotional pain, distress, or injury.”
State Of Washington, V. Roger August Robatcek (Wash. Ct. App. 2024).
— Wash. Rev. Code § 16.52.205(1)(c) — 2 cases
State v. Paulson (Wash. Ct. App. 2006). “" BLACK'S LAW DICTIONARY 1563 (8th ed.2004). And "suffer" means: "To experience or sustain physical or emotional pain, distress, or injury.”
State Of Washington, Res. v. Mary Dawn Peterson, App. (Wash. Ct. App. 2013).
— Wash. Rev. Code § 16.52.205(2) — 13 cases
State Of Washington v. Kathryn Anne St Clare (Wash. Ct. App. 2017). “In its entirety, former RCW 16.52.205 (2006)1 reads: (1) A person is guilty of animal cruelty in the first degree when, except as authorized in law, he or she intentionally (a) inflicts substantial pain on,(b) causes physical injury to, or (c) kills an animal by a means causing…”
State v. Peterson (Wash. Ct. App. 2013). “205(l)(c); with criminal negligence starving, *850 dehydrating, or suffocating an animal, causing unjustifiable physical pain or suffering, RCW 16.”
State v. Smith (Wash. Ct. App. 2009). “RCW 16.52.205(2). During the jury trial, the State and Smith called several witnesses to testify, including Kaufman, Crow, Thomas, feed store employees, and Smith himself.”
State v. Smith (Wash. Ct. App. 2009). “RCW 16.52.205(2). During the jury trial, the State and Smith called several witnesses to testify, includ *276 ing Kaufman, Crow, Thomas, feed store employees, and Smith himself.”
State Of Washington, Res/cross-app. v. Abdoul Aziz Jallow, App/cross-res. (Wash. Ct. App. 2021). “” In each subsection, thereafter follows the words describing the means set forth therein. The error made in Peterson is that the court confused certain subalternatives (“means within a means”) for actual alternative means.”
— Wash. Rev. Code § 16.52.205(2)(a) — 4 cases
State v. Peterson (Wash. Ct. App. 2013). “205(l)(c); with criminal negligence starving, *850 dehydrating, or suffocating an animal, causing unjustifiable physical pain or suffering, RCW 16.”
State Of Washington v. Robert L. Leatherman (Wash. Ct. App. 2019).
State Of Washington, V. William Fredyrick Dahn (Wash. Ct. App. 2024).
State Of Washington, Res. v. Mary Dawn Peterson, App. (Wash. Ct. App. 2013).
— Wash. Rev. Code § 16.52.205(3) — 2 cases
State v. Soto (Wash. Ct. App. 2013). “Soto was charged with animal cruelty by intentionally inflicting substantial pain on an animal, causing physical injury to an animal, and/or killing an animal by a means that caused undue suffering, a violation of RCW 16.52.205(1). No seriousness level has been assigned to that…”
State of Washington v. David Aaron Soto (Wash. Ct. App. 2013).
— Wash. Rev. Code § 16.52.205(3)(a) — 2 cases
State v. Peterson (Wash. Ct. App. 2013). “205(l)(c); with criminal negligence starving, *850 dehydrating, or suffocating an animal, causing unjustifiable physical pain or suffering, RCW 16.”
State Of Washington, Res. v. Mary Dawn Peterson, App. (Wash. Ct. App. 2013).
— Wash. Rev. Code § 16.52.205(4) — 3 cases
State v. Soto (Wash. Ct. App. 2013). “Soto was charged with animal cruelty by intentionally inflicting substantial pain on an animal, causing physical injury to an animal, and/or killing an animal by a means that caused undue suffering, a violation of RCW 16.52.205(1). No seriousness level has been assigned to that…”
Pers. Restraint Petition of Austin Richard Moores Nelson (Wash. Ct. App. 2021).
State of Washington v. David Aaron Soto (Wash. Ct. App. 2013).
— Wash. Rev. Code § 16.52.205(5) — 1 case
State of Washington v. Thelma Winger (Wash. Ct. App. 2023).
— Wash. Rev. Code § 16.52.205(5)(a) — 1 case
State of Washington v. Thelma Winger (Wash. Ct. App. 2023).
— Wash. Rev. Code § 16.52.205(6) — 2 cases
State v. Peterson (Wash. Ct. App. 2013). “205(l)(c); with criminal negligence starving, *850 dehydrating, or suffocating an animal, causing unjustifiable physical pain or suffering, RCW 16.”
State Of Washington, Res. v. Mary Dawn Peterson, App. (Wash. Ct. App. 2013).
— Wash. Rev. Code § 16.52.205(7) — 1 case
State of Washington v. Yuri Anatoly Feitser (Wash. Ct. App. 2024).
— Wash. Rev. Code § 16.52.205(9)(a) — 1 case
State Of Washington v. Charmarke Abdi-issa (Wash. Ct. App. 2021).
— Wash. Rev. Code § 16.52.205(l) — 1 case
State v. Soto (Wash. Ct. App. 2013). “Soto was charged with animal cruelty by intentionally inflicting substantial pain on an animal, causing physical injury to an animal, and/or killing an animal by a means that caused undue suffering, a violation of RCW 16.52.205(1). No seriousness level has been assigned to that…”
— Wash. Rev. Code § 16.52.205(l)(b) — 1 case
State v. Paulson (Wash. Ct. App. 2006). “And “suffer” means: “To experience or sustain physical or emotional pain, distress, or injury.”
— Wash. Rev. Code § 16.52.205(l)(c) — 2 cases
State v. Peterson (Wash. Ct. App. 2013). “205(l)(c); with criminal negligence starving, *850 dehydrating, or suffocating an animal, causing unjustifiable physical pain or suffering, RCW 16.”
State v. Paulson (Wash. Ct. App. 2006). “And “suffer” means: “To experience or sustain physical or emotional pain, distress, or injury.”
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