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

Wash. Rev. Code § 16.52.207 (2026)

Animal cruelty in the second degree—Penalty

✓ current as of May 2026
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(1) A person is guilty of animal cruelty in the second degree if, under circumstances not amounting to first degree animal cruelty:
(a) The person knowingly, recklessly, or with criminal negligence inflicts unnecessary suffering or pain upon an animal;
(b) The person takes control, custody, or possession of an animal that was involved in animal fighting as described in RCW 16.52.117 and knowingly, recklessly, or with criminal negligence abandons the animal; or
(c) The person willfully instigates, engages in, or in any way furthers any act of animal cruelty to any animal.
(2) An owner of, or a person in possession or control of, residing with, or who has accepted responsibility for, an animal is guilty of animal cruelty in the second degree if, under circumstances not amounting to first degree animal cruelty, the person knowingly, recklessly, or with criminal negligence:
(a) Fails to provide the animal with necessary food, water, shelter, rest, sanitation, space, or medical attention and the animal suffers unnecessary or unjustifiable physical pain as a result of the failure; or
(b) Abandons the animal.
(3) Animal cruelty in the second degree is a gross misdemeanor.
(4) 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.
[ 2025 c 220 s 6; 2020 c 158 s 7; 2019 c 174 s 2; 2011 c 172 s 5; 2007 c 376 s 1; 2005 c 481 s 2; 1994 c 261 s 9.]

Notes:

Finding—Intent—1994 c 261: See note following RCW 16.52.011.
Notes of Decisions
Cited in 22 cases (6 in the last 5 years), 2003–2025 · leading case: State Of Washington v. Llewellyn Roy, 466 P.3d 1142 (Wash. Ct. App. 2020).
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State Of Washington v. Llewellyn Roy, 466 P.3d 1142 (Wash. Ct. App. 2020). · cites it 18× “207(2)(a) provides only a single means of committing the crime of second degree animal cruelty, and the five listed terms are merely different ways of 1 RCW 16.52.207 was amended in 2019. Because those amendments do not materially affect the language relied on by this court, we…”
State v. Peterson, 301 P.3d 1060 (Wash. Ct. App. 2013). · cites it 5× “(a) fail[ing] to provide the animal with necessary food, water, shelter, rest, sanitation, ventilation, space, or medical attention and the animal suffers unnecessary or unjustifiable physical pain.”
State v. Zawistowski, 119 Wash. App. 730 (Wash. Ct. App. 2004). · cites it 3× “Jury instruction 12 defined “[n]ecessary [f]lood” as “the provision at suitable intervals of wholesome foodstuff suitable for the animal’s age and species and sufficient to provide a reasonable level of nutrition.” Clerk’s Papers at 125. The superior court did not reverse the…”
State v. Webb, 130 S.W.3d 799 (Tenn. Crim. App. 2003). “Wash. Rev.Code Ann, § 16.52.207(2) (West 2003).”
State v. Smith, 223 P.3d 1262 (Wash. Ct. App. 2009). · cites it 2× “RCW 16.52.207(2). On the jury's first day of deliberation, it asked, "Does failure to take some type of action other than withholding food and water constitute starving the animal? IE: Not seeking assistance in treating the animal.”
State v. Smith, 154 Wash. App. 272 (Wash. Ct. App. 2009). · cites it 2× “RCW 16.52.207(2). On the jury’s first day of deliberation, it asked, “Does failure to take some type of action other than withholding food and water constitute starving the animal? IE: Not seeking assistance in treating the animal.”
Animal Legal Def. Fund v. Olympic Game Farm, Inc., 387 F. Supp. 3d 1202 (W.D. Wash. 2019). “RCW 16.52.207. Second, Defendants are alleged to be violating state animal cruelty laws by intentionally inflicting substantial pain and causing physical injury to the animals within its care, including, but not limited to, gray wolves, lions, tigers, brown bears, and Canada…”
Sebek v. City of Seattle, 290 P.3d 159 (Wash. Ct. App. 2012). · cites it 4× “¶5 Mary Sebek and Nancy Farnam (hereinafter collectively Sebek) sued the City, claiming the City’s contractual payments to the Zoo Society are illegal government expenditures because the Zoo Society’s care of its elephants allegedly violates Washington’s criminal animal cruelty…”
State v. Zawistowski, 82 P.3d 698 (Wash. Ct. App. 2004). · cites it 3× “Jury instruction 12 defined "[n]ecessary [f]ood" as "the provision at suitable intervals of wholesome foodstuff suitable for the animal's age and species and sufficient to provide a reasonable level of nutrition." Clerk's Papers at 125. The superior court did not reverse…”
Animal Legal Def. Fund v. Olympic Game Farm Inc (W.D. Wash. 2022). · cites it 4× “19 20 Defendants, relying solely on their argument that the only state and tribal laws that matter 21 are those related to transportation, offer no alternative analysis of RCW § 16.52.207 or facts 22 regarding the delay in providing medical attention for Purrsia’s infected femur.”
In Re The Petition To Convene A Grand Jury, Barnes Michael Ware, 420 P.3d 1083 (Wash. Ct. App. 2018). “” RCW 16.52.207(1). 7 Under RCW 9.08.070 (1)(c), a person is guilty of taking, concealing, injuring, killing a pet animal if he or she “[w]illfully or recklessly kills or injures any pet animal, unless excused by law.”
State Of Washington, V. Simeon Cruz (Wash. Ct. App. 2025). · cites it 3× “Former RCW 16.52.207(2) (2020), 12 the second degree 12 RCW 16.”
Show all 22 citing cases →
— Wash. Rev. Code § 16.52.207(1) — 3 cases
Sebek v. City of Seattle, 290 P.3d 159 (Wash. Ct. App. 2012). “¶5 Mary Sebek and Nancy Farnam (hereinafter collectively Sebek) sued the City, claiming the City’s contractual payments to the Zoo Society are illegal government expenditures because the Zoo Society’s care of its elephants allegedly violates Washington’s criminal animal cruelty…”
In Re The Petition To Convene A Grand Jury, Barnes Michael Ware, 420 P.3d 1083 (Wash. Ct. App. 2018). “” RCW 16.52.207(1). 7 Under RCW 9.08.070 (1)(c), a person is guilty of taking, concealing, injuring, killing a pet animal if he or she “[w]illfully or recklessly kills or injures any pet animal, unless excused by law.”
State of Washington v. Sharon Lynne Provost (Wash. Ct. App. 2015).
— Wash. Rev. Code § 16.52.207(1)(a) — 2 cases
State Of Washington v. Llewellyn Roy, 466 P.3d 1142 (Wash. Ct. App. 2020). “207(2)(a) provides only a single means of committing the crime of second degree animal cruelty, and the five listed terms are merely different ways of 1 RCW 16.52.207 was amended in 2019. Because those amendments do not materially affect the language relied on by this court, we…”
Animal Legal Def. Fund v. Olympic Game Farm Inc (W.D. Wash. 2022). “19 20 Defendants, relying solely on their argument that the only state and tribal laws that matter 21 are those related to transportation, offer no alternative analysis of RCW § 16.52.207 or facts 22 regarding the delay in providing medical attention for Purrsia’s infected femur.”
— Wash. Rev. Code § 16.52.207(2) — 9 cases
State v. Webb, 130 S.W.3d 799 (Tenn. Crim. App. 2003). “Wash. Rev.Code Ann, § 16.52.207(2) (West 2003).”
State v. Smith, 223 P.3d 1262 (Wash. Ct. App. 2009). “RCW 16.52.207(2). On the jury's first day of deliberation, it asked, "Does failure to take some type of action other than withholding food and water constitute starving the animal? IE: Not seeking assistance in treating the animal.”
State v. Smith, 154 Wash. App. 272 (Wash. Ct. App. 2009). “RCW 16.52.207(2). On the jury’s first day of deliberation, it asked, “Does failure to take some type of action other than withholding food and water constitute starving the animal? IE: Not seeking assistance in treating the animal.”
State v. Peterson, 301 P.3d 1060 (Wash. Ct. App. 2013). “(a) fail[ing] to provide the animal with necessary food, water, shelter, rest, sanitation, ventilation, space, or medical attention and the animal suffers unnecessary or unjustifiable physical pain.”
State Of Washington, V. Simeon Cruz (Wash. Ct. App. 2025). “Former RCW 16.52.207(2) (2020), 12 the second degree 12 RCW 16.”
— Wash. Rev. Code § 16.52.207(2)(a) — 8 cases
State Of Washington v. Llewellyn Roy, 466 P.3d 1142 (Wash. Ct. App. 2020). “207(2)(a) provides only a single means of committing the crime of second degree animal cruelty, and the five listed terms are merely different ways of 1 RCW 16.52.207 was amended in 2019. Because those amendments do not materially affect the language relied on by this court, we…”
State v. Zawistowski, 119 Wash. App. 730 (Wash. Ct. App. 2004). “Jury instruction 12 defined “[n]ecessary [f]lood” as “the provision at suitable intervals of wholesome foodstuff suitable for the animal’s age and species and sufficient to provide a reasonable level of nutrition.” Clerk’s Papers at 125. The superior court did not reverse the…”
State v. Zawistowski, 82 P.3d 698 (Wash. Ct. App. 2004). “Jury instruction 12 defined "[n]ecessary [f]ood" as "the provision at suitable intervals of wholesome foodstuff suitable for the animal's age and species and sufficient to provide a reasonable level of nutrition." Clerk's Papers at 125. The superior court did not reverse…”
State Of Washington v. Robert L. Leatherman (Wash. Ct. App. 2019).
State Of Washington v. Michael A. Smith (Wash. Ct. App. 2021).
— Wash. Rev. Code § 16.52.207(2)(b) — 1 case
State Of Washington v. Llewellyn Roy, 466 P.3d 1142 (Wash. Ct. App. 2020). “207(2)(a) provides only a single means of committing the crime of second degree animal cruelty, and the five listed terms are merely different ways of 1 RCW 16.52.207 was amended in 2019. Because those amendments do not materially affect the language relied on by this court, we…”
— Wash. Rev. Code § 16.52.207(2)(c) — 1 case
State Of Washington v. Llewellyn Roy, 466 P.3d 1142 (Wash. Ct. App. 2020). “207(2)(a) provides only a single means of committing the crime of second degree animal cruelty, and the five listed terms are merely different ways of 1 RCW 16.52.207 was amended in 2019. Because those amendments do not materially affect the language relied on by this court, we…”
— Wash. Rev. Code § 16.52.207(4) — 2 cases
State v. Peterson, 301 P.3d 1060 (Wash. Ct. App. 2013). “(a) fail[ing] to provide the animal with necessary food, water, shelter, rest, sanitation, ventilation, space, or medical attention and the animal suffers unnecessary or unjustifiable physical pain.”
State Of Washington, Res. v. Mary Dawn Peterson, App. (Wash. Ct. App. 2013).
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