State of Washington Criminal Code

with related excerpts from...
City of Pullman City Code
and...
U.S. Federal Code

The following summaries are interpretations of the actual federal, city and state criminal code and should not be referenced in legal matters. Excerpts of the precise legal wording of the codes is provided directly below each summary, thus in legal matters, accessing all of the relevant material online is the safest course of action. State code can be found at this link: Revised Code of Washington. Links to federal code are provided where appropriate in the text below. City code can be found at http://www.ci.pullman.wa.us/ where you can click on "City Code" in the menu.

Note that you can be found guilty of violating a specific law more than once (such as in the case of multiple counts of first degree animal cruelty when more than one animal has been abused). You may also be found guilty of violating more than one law (such as in the case of abusing an animal and using it as bait in animal fighting). Note also that for each violation of state criminal code, city ordinance and/or federal law may impose additional fines and/or jail time for each violation - that would most likely be served consecutively. Where a minimum fine and/or imprisonment is set forth, your punishment would be NO LESS THAN the minimum fine or imprisonment.

 

Classification of Crimes & Punishment
First Degree Animal Cruelty [ felony ]
Second Degree Animal Cruelty [ misdemeanor ]
Abandoned Animals [ misdemeanor ]
Transporting or Confining in Unsafe Manner [ misdemeanor ]
Confinement Without Food and Water [ misdemeanor ]
Animal Fighting [ felony ]
Animal Fighting - Federal Code
Animals Used as Bait [ felony ]
Stealing, Injuring or Killing a Pet [ gross misdemeanor or felony ]
Selling or Transferring a Stolen Pet to a Research Facility [ gross misdemeanor or felony ]
Selling or Transferring a Stolen Pet to a Another Person For Sale to a Research Facility [ felony ]
Selling or Transferring a Stolen Pet to a Research Facility by a USDA Dealer [ felony ]
Illegal Sale, Receipt, or Transfer of Pets
Depiction of Animal Cruelty ( Federal Code )
Unlawful Traps [ gross misdemeanor ]
Sections of Code Referenced Above
 
Crimes & Punishment, Title 9
Washington Criminal Code, Title 9A RCW

State of Washington
RCW 9A.20.021
Classification of Crimes & Punishment

Summary:

If you are convicted of violating any one or more of the state criminal codes listed in the sections below (or for that matter any of the codes not summarized on this page), you will face the following corresponding punishment, unless a lesser fine and sentence has been set in the specific statute. Per RCW 9A.20.010 and RCW 9A.20.021:

(a) Class "A" Felony - A fine of up to $50,000 and/or confinement in a state correctional institution for a term of up to life imprisonment.

(b) Class "B" Felony - A fine of up to $20,000 and/or confinement in a state correctional institution for a term of up to 10 years imprisonment.

(c) Class "C" Felony - A fine of up to $10,000 and/or confinement in a state correctional institution for a term of up to 5 years imprisonment.

(d) Gross Misdemeanor - A fine of up to $5,000 and/or confinement in a county jail for a term of up to 1 year imprisonment.

(e) Misdemeanor - A fine of up to $1,000 and/or confinement in a county jail for a term of up to 90 days imprisonment.

Whenever the performance of any act is prohibited by any statute, and no classification of that act and/or penalty for the violation of such statute is imposed within the statute, the committing of such act is a Misdemeanor.

Minimum fines and prison setences set forth in several of these statutes are just that... minimums.

Text of State Law:

RCW 9A.20.021
Maximum sentences for crimes committed July 1, 1984, and after.

(1) Felony. Unless a different maximum sentence for a classified felony is specifically established by a statute of this state, no person convicted of a classified felony shall be punished by confinement or fine exceeding the following:
     (a) For a class A felony, by confinement in a state correctional institution for a term of life imprisonment, or by a fine in an amount fixed by the court of fifty thousand dollars, or by both such confinement and fine;
     (b) For a class B felony, by confinement in a state correctional institution for a term of ten years, or by a fine in an amount fixed by the court of twenty thousand dollars, or by both such confinement and fine;
     (c) For a class C felony, by confinement in a state correctional institution for five years, or by a fine in an amount fixed by the court of ten thousand dollars, or by both such confinement and fine.
     (2) Gross misdemeanor. Every person convicted of a gross misdemeanor defined in Title 9A RCW shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than one year, or by a fine in an amount fixed by the court of not more than five thousand dollars, or by both such imprisonment and fine.
     (3) Misdemeanor. Every person convicted of a misdemeanor defined in Title 9A RCW shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than ninety days, or by a fine in an amount fixed by the court of not more than one thousand dollars, or by both such imprisonment and fine.
     (4) This section applies to only those crimes committed on or after July 1, 1984.

[2003 c 288 § 7; 2003 c 53 § 63; 1982 c 192 § 10.]

NOTES:

     Reviser's note: This section was amended by 2003 c 53 § 63 and by 2003 c 288 § 7, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).

     Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.

Penalty assessments in addition to fine or bail forfeiture -- Crime victim and witness programs in county: RCW 7.68.035

Text of State Law: Punishment of a Felony Not Fixed by Statute

RCW 9.92.010
Punishment of felony when not fixed by statute.

Every person convicted of a felony for which no maximum punishment is specially prescribed by any statutory provision in force at the time of conviction and sentence, shall be punished by confinement or fine which shall not exceed confinement in a state correctional institution for a term of ten years, or by a fine in an amount fixed by the court of not more than twenty thousand dollars, or by both such confinement and fine and the offense shall be classified as a class B felony.

[1996 c 44 § 2; 1982 1st ex.s. c 47 § 5; 1909 c 249 § 13; RRS § 2265.]

NOTES:

     Severability -- 1982 1st ex.s. c 47: See note following RCW 9.41.190.

Classification of crimes: Chapter 9A.20 RCW

Text of State Law: Punishment of a Gross Misdemeanor Not Fixed by Statute

RCW 9.92.020
Punishment of gross misdemeanor when not fixed by statute.

Every person convicted of a gross misdemeanor for which no punishment is prescribed in any statute in force at the time of conviction and sentence, shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than one year, or by a fine in an amount fixed by the court of not more than five thousand dollars, or by both such imprisonment and fine.

[1982 1st ex.s. c 47 § 6; 1909 c 249 § 15; RRS § 2267.]

NOTES:

     Severability -- 1982 1st ex.s. c 47: See note following RCW 9.41.190

Text of State Law: Punishment of a Misdemeanor Not Fixed by Statute

RCW 9.92.030
Punishment of misdemeanor when not fixed by statute.

Every person convicted of a misdemeanor for which no punishment is prescribed by any statute in force at the time of conviction and sentence, shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than ninety days, or by a fine in an amount fixed by the court of not more than one thousand dollars or both such imprisonment and fine.

[1982 1st ex.s. c 47 § 7; 1909 c 249 § 14; Code 1881 § 785; RRS § 2266.]

NOTES:

     Severability -- 1982 1st ex.s. c 47: See note following RCW 9.41.190.

RCW 16.52.205
First Degree Animal Cruelty

Summary:

You are in violation of this state law if you...

(a) purposefully inflict substantial pain on any animal, domesticated or wild

(b) purposefully cause physical injury to any animal

(c) kill an animal by means causing undue suffering, or force a minor to inflict unnecessary pain, injury, or death

(d) starve, dehydrate or suffocate an animal (domesticated or wild) causing considerable suffering or death

First Degree Animal Cruelty is a Class "C" Felony punishable by a fine of up to $10,000 and/or confinement in a state correctional institution for up to 5 years imprisonment.

If your actions are not found to amount to first degree animal cruelty then you will be punished under the guidelines for Second Degree Animal Cruelty.

City code, or ordinance (the law of the city) may impose additional fines and/or confinement as noted below.

Text of State Law:

This statute has been revised by the passage of House Bill 1399, Senate Bill 5532, and most recently House Bill 1304 which will take effect on July 24, 2005:

RCW 16.52.205
Animal cruelty in the first degree

(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 forces a minor to inflict unnecessary pain, injury, or death on an animal.

(2) A person is guilty of animal cruelty in the first degree when, except as authorized by law, he or she, with criminal negligence, starves, dehydrates, or suffocates an animal and as a result causes: (a) substantial and unjustifiable physical pain that extends for a period sufficient to cause considerable suffering, or (b) death.

(3) Animal cruelty in the first degree is a class C felony.

[1994 c 261 § 8.]

NOTES:

     Finding -- Intent -- 1994 c 261: See note following RCW 16.52.011.

Related Pullman City Code

Summary:

You are in violation of this law if you...

(a) provoke, mistreat, or abuse any animal while it is confined to it's owner's property.

If found guilty of this Civil Infraction, you can be fined up to $500 in addition to fines and confinement imposed by the state.

Text of City Code (excerpted):

Ordinance 9.20.130 Other Acts Prohibited

(2)  No person shall wilfully provoke, mistreat, or abuse any dog or other animal while confined to its keeper's premises.

Penalties (excerpted):

(2)  Any person or entity which violates the provisions of sections:

Ordinacne 9.20.130         Other acts prohibited

of this Title shall be deemed to have committed a Civil Infraction and for each violation shall be fined not to exceed the sum of $500.00.  In lieu of a court appearance, any person or entity charged with having committed a civil infraction prohibited by the provisions set forth in this subsection (2) may forfeit to the Whitman County District Court a penalty in the sum of $50.00.

RCW 16.52.207
Second Degree Animal Cruelty

Summary:

If your actions are not found to amount to first degree animal cruelty...

You are in violation of this state law if you...

(a) knowingly, recklessly, or with criminal negligence, inflict unnecessary suffering or pain on any aninal, domesticated or wild

(b) are the owner of an animal and you fail to provide the animal with shelter, rest, sanitation, space, and/or medical attention, and the animal suffers unnecessary or unjustifiable physical pain as a result of your failure

(c) are the owner of an animal and you abandon or "dump" the animal.

Second Degree Animal Cruelty is a Misdemeanor, and is punishable by a fine of up to $1,000 and/or confinement in a county jail for up to 90 days imprisonment.

The inability to provide proper care for an animal due to financial constraints beyond your control may be considered as a defense to your actions or inaction.

City code, or ordinance (the law of the city) may impose additional fines and/or confinement as noted below.

Text of State Law:

This statute has been revised by the passage of House Bill 1399, Senate Bill 5532, and most recently House Bill 1304 which will take effect on July 24, 2005:

RCW 16.52.207
Animal cruelty in the second degree

(1) A person 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 inflicts unnecessary suffering or pain upon an animal.
(2) An owner of an animal is guilty of animal cruelty in the second degree if, under circumstances not amounting to first degree animal cruelty, the owner knowingly, recklessly, or with criminal negligence:
     (a) Fails to provide the animal with necessary, 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 misdemeanor.
(4) In any prosecution of animal cruelty in the second degree, it shall be an affirmative defense, if established by the defendant by a preponderance of the evidence, that the defendant's failure was due to economic distress beyond the defendant's control.

[1994 c 261 § 9.]

NOTES:

     Finding -- Intent -- 1994 c 261: See note following RCW 16.52.011.

Related Pullman City Code

Summary:

You are in violation of this law if you...

(a) provoke, mistreat, or abuse any animal while it is confined to it's owner's property.

If found guilty of this Civil Infraction, you can be fined up to $500 in addition to fines and confinement imposed by the state.

Text of City Code (excerpted):

Ordinance 9.20.130 Other Acts Prohibited

(2)  No person shall wilfully provoke, mistreat, or abuse any dog or other animal while confined to its keeper's premises.

Penalties (excerpted):

(2)  Any person or entity which violates the provisions of sections:

Ordinacne 9.20.130         Other acts prohibited

of this Title shall be deemed to have committed a Civil Infraction and for each violation shall be fined not to exceed the sum of $500.00.  In lieu of a court appearance, any person or entity charged with having committed a civil infraction prohibited by the provisions set forth in this subsection (2) may forfeit to the Whitman County District Court a penalty in the sum of $50.00.

RCW 16.54.010
Abandoned Animals

Summary:

An animal is considered abandoned when it is placed in the care of a veterinarian, kennel, or individual for the purpose of treatment, boarding, or care, and the animal is not retrieved by it's owner within 15 days of notice, or at the end of a contracted period of treatment, boarding, or care.

An animal is considered abandoned when it is placed in the care of a veterinarian, kennel, or individual for the purpose of treatment, boarding, or care, and the owner refuses to pay for the treatment, boarding, or care.

Abandoning or "dumping" a domesticated animal, or a wild animal raised and kept in a domesticated environment, is a Misdemeanor, and is punishable by a fine of up to $1,000 and/or up to 90 days imprisonment in the county jail.

City code, or ordinance (the law of the city) may impose additional fines and/or confinement.

Text of State Law:

RCW 16.54.010
When deemed abandoned

An animal is deemed to be abandoned under the provisions of this chapter when it is placed in the custody of a veterinarian, boarding kennel owner, or any person for treatment, board, or care and:
     (1) Having been placed in such custody for an unspecified period of time the animal is not removed within fifteen days after notice to remove the animal has been given to the person who placed the animal in such custody or having been so notified the person depositing the animal refuses or fails to pay agreed upon or reasonable charges for the treatment, board, or care of such animal, or;
     (2) Having been placed in such custody for a specified period of time the animal is not removed at the end of such specified period or the person depositing the animal refuses to pay agreed upon or reasonable charges for the treatment, board, or care of such animal.

[1977 ex.s. c 67 § 1; 1955 c 190 § 1.]

Related Pullman City Code (excerpts)

Summary:

You are in violation of this law if you...

(a) abandon or "dump" any dog, cat, or other living animal in a yard, field, along a highway or public street, alley, sidewalk, in any city park or playground, or other public place or building, or on, or inside, the privately owned property of another person.

The penalty for violating this law is a fine of up to $500 for each abandoned animal and for each occurrence, in addition to fines and confinement imposed by the state.

Text of City Code:

Ordinance 9.20.130   Other acts prohibited

(4)  No person shall abandon any dog or other animal, including a domestic cat, by dropping off or leaving such animal on any public street, alley, sidewalk, or in any city park or playground or other public place or building, or on the premises of another.  (Ord. 87-6 §13, 1987).

Penalties (excerpt):

(2)  Any person or entity which violates the provisions of sections:

Ordinacne 9.20.130         Other acts prohibited

of this Title shall be deemed to have committed a Civil Infraction and for each violation shall be fined not to exceed the sum of $500.00.  In lieu of a court appearance, any person or entity charged with having committed a civil infraction prohibited by the provisions set forth in this subsection (2) may forfeit to the Whitman County District Court a penalty in the sum of $50.00.

RCW 16.52.080
Transporting or Confining in Unsafe Manner

Summary:

You are in violation of this state law if you...

(a) transport or confine any animal(s) in a manner, posture, restraint, lack of restraint or confinement that jeopardizes the safety, health or welfare of the animal(s) and/or jeoparzes the public safety.

Violation of this law is a Misdemeanor, and, per RCW 16.52.165, is punishable by a fine of up to $150 and/or up to 60 days imprisonment in the county jail. You can be arrested and your animal(s) can be immediately seized.

Interpretation of Law:

This law may be, and has been, interpreted by law enforcement officers to include the lack of restraint, or improper restraint of animals transported in pickup beds.

Text of State Law:

RCW 16.52.080
Transporting or confining in unsafe manner -- Penalty

Any person who wilfully transports or confines or causes to be transported or confined any domestic animal or animals in a manner, posture or confinement that will jeopardize the safety of the animal or the public shall be guilty of a misdemeanor. And whenever any such person shall be taken into custody or be subject to arrest pursuant to a valid warrant therefor by any officer or authorized person, such officer or person may take charge of the animal or animals; and any necessary expense thereof shall be a lien thereon to be paid before the animal or animals may be recovered; and if the expense is not paid, it may be recovered from the owner of the animal or the person guilty.

[1982 c 114 § 5; 1974 ex.s. c 12 § 1; 1901 c 146 § 5; RRS § 3188. Prior: 1893 c 27 § 2, part; Code 1881 § 930, part.]

NOTES:

Cruelty to stock in transit: RCW 81.56.120

RCW 16.52.100
Confinement Without Food and Water

Summary:

You are in violation of this state law if you...

(a) confine any domestic animal in a building, vehicle, cage, fenced yard, or any other place for more than 36 consecutive hours without providing fresh food and water.

Any person who has knowledge that an animal is being confined without food and water, can, without fear of legal retribution, enter the building or place of confinement and provide the needed care, as long as entry is done without the destruction of property. The animal's owner is responsible for repaying the person providing care.

If food and water cannot be provided to the confined animal due to physical constraints, an investigating police officer has the authority to remove the animal(s) from confinement and take it/them into protective custody.

Neglecting a domesticated animal by depriving it of fresh food and/or water is a Misdemeanor, and is punishable by a fine of up to $1,000 and/or up to 90 days imprisonment in the county jail.

You can additionally be found guilty of one or both of the following offenses (fines and confinement are in addition to fines and confinement set forth in this statute):

RCW 16.52.205 First Degree Animal Cruelty, a Class "C" Felony ($10,000 / 5 years imprisonment)
 
RCW 16.52.207 Second Degree Animal Cruelty, a Misdemeanor ($1,000 fine / 90 days jail time)

City code, or ordinance (the law of the city) may impose additional fines and/or confinement as noted below.

Text of State Law:

RCW 16.52.100
Confinement without food and water -- Intervention by others

If any domestic animal is impounded or confined without necessary food and water for more than thirty-six consecutive hours, any person may, from time to time, as is necessary, enter into and open any pound or place of confinement in which any domestic animal is confined, and supply it with necessary food and water so long as it is confined. The person shall not be liable to action for the entry, and may collect from the animal's owner the reasonable cost of the food and water. The animal shall be subject to attachment for the costs and shall not be exempt from levy and sale upon execution issued upon a judgment. If an investigating officer finds it extremely difficult to supply confined animals with food and water, the officer may remove the animals to protective custody for that purpose.

[1994 c 261 § 10; 1982 c 114 § 6; 1901 c 146 § 12; RRS § 3195.]

NOTES:

     Finding -- Intent -- 1994 c 261: See note following RCW 16.52.011.

RCW 16.52.117
Animal Fighting

Summary:

You are in violation of this state law if you...

(a) own, possess, keep, breed, train, buy, sell, or advertise or offer for sale, any dog or male chicken, with the intent to use that dog or male chicken in a fighting exhibition with another animal.

(b) promote, organize, conduct, participate in, advertise, or perform any service in the furtherance of an exhibition of animal* fighting, transport spectators to an animal fight, or act as a stakeholder for any money wagered.

(c) provide or use any place (structure or land) for animal* fighting, or manage a place used for animal* fighting, or accept money for the use of any place used for animal* fighting.

(d) permit any property under which you have ownership or control to be used for animal* fighting.

(e) take, lead away, possess, confine, sell, transfer, or receive a stray or pet dog or male chicken, with the intent to use or train that animal* for animal* fighting, or as bait in the training of another dog or male chicken for the purpose of animal* fighting.

*The words "animal" or "animals" as used above refer only to dogs and male chickens.

Animal Fighting is a Class "C" Felony under RCW 9A.20.021, and is punishable by a fine of up to $10,000, and/or confinement in a state correctional institution for up to 5 years imprisonment.

City code, or ordinance (the law of the city) may impose additional fines and/or confinement as noted below.

Text of State Law:

This statute has been revised by the passage of House Bill 1399, Senate Bill 5532, and most recently House Bill 1304 which will take effect on July 24, 2005:

RCW 16.52.117
Animal fighting -- Owners, trainers, spectators -- Exceptions
(1) A person commits the crime of animal fighting if the person knowingly does any of the following:
     (a) Owns, possesses, keeps, breeds, trains, buys, sells, or advertises or offers for sale any animal with the intent that the animal shall be engaged in an exhibition of fighting with another animal;
     (b) Promotes, organizes, conducts, participates in, advertises, or performs any service in the furtherance of an exhibition of animal fighting, transports spectators to an animal fight, or provides or serves as a stakeholder for any money wagered on an animal fight;
(c) Keeps or uses any place for the purpose of animal fighting, or manages or accepts payment of admission of any place kept or used for the purpose of animal fighting;
(d) Suffers or permits any place over which the person has possession or control to be occupied, kept, or used for the purpose of an exhibition of animal fighting; or
(e) Takes, leads away, possesses, confines, sells, transfers, or receives a stray animal or a pet animal for animal fighting, or for training or baiting for the purpose of animal fighting.
     (2) A person who violates this section is guilty of a class C felony punishable under RCW 9A.20.021.
     (3) Nothing in this section prohibits the following:
     (a) The use of dogs in the management of livestock, as defined by chapter 16.57 RCW, by the owner of the livestock or the owner's employees or agents or other persons in lawful custody of the livestock;
     (b) The use of dogs in hunting as permitted by law; or
     (c) The training of animals or the use of equipment in the training of animals for any purpose not prohibited by law.
(4) For the purposes of this section, "animal" means dogs or male chickens.

[1994 c 261 § 11; 1982 c 114 § 9.]

NOTES:

     Finding -- Intent -- 1994 c 261: See note following RCW 16.52.011.

Animal Fighting

Summary:

You are inviolation of this Federal Code if you...

(a) Knowingly sponsor or exhibit an animal fight in which fighting animals were transported between states or between a foreign country and the U.S.

(b) Knowingly buy, sell, transport, or deliver to another person, or receive from another person for purposes of transport, any animal which was transported between states or between a foreign country and the U.S. for the purpose of animal fighting.

(c) Knowingly, between one state and another, use the U.S. mail, telephone, telegraph, radio, television, or Internet to promote or facilitate an animal fight to take place within the borders of the U.S.

Federal code regarding fighting live birds only applies in states that specifically prohibit such activities.

Any animal determined to be involved in animal fighting will be seized by law enforcement officials may become the property of the U.S. government.

Law enforcement agencies that may take part in the arrest of violators and seizure of animals includes the FBI, Department of the Treasury, U.S. Marshals, state and local law enforcement agencies.

The penalty for violating this code will be a fine of not more than $5,000 and/or confinement in a federal prison for up to 1 year for each violation. Such fine and imprisonment is in addition to any fine and/or confinement imposed by the state and local jurisdictions (cities and counties), and will be served consecutively.

Text of Federal Code:

UNITED STATES CODE
TITLE 7. AGRICULTURE
CHAPTER 54. TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS
7 USCS §  2156  (2000)

 
§  2156.  Animal fighting venture prohibition

(a) Sponsoring or exhibiting animal in any fighting venture.  It shall be unlawful for any person to knowingly sponsor or exhibit an animal in any animal fighting venture to which any animal was moved in interstate or foreign commerce.

(b) Buying, selling, delivering, or transporting animals for participation in animal fighting venture.  It shall be unlawful for any person to knowingly sell, buy, transport, or deliver to another person or receive from another person for purposes of transportation, in interstate or foreign commerce, any dog or other animal for purposes of having the dog or other animal participate in an animal fighting venture.

(c) Use of Postal Service or other interstate instrumentality for promoting or furthering animal fighting venture.  It shall be unlawful for any person to knowingly use the mail service of the United States Postal Service or any interstate instrumentality for purposes of promoting or in any other manner furthering an animal fighting venture except as performed outside the limits of the States of the United States.

(d) Violation of State law.  Notwithstanding the provisions of subsections (a), (b), or (c) of this section, the activities prohibited by such subsections shall be unlawful with respect to fighting ventures involving live birds only if the fight is to take place in a State where it would be in violation of the laws thereof.

(e) Penalties.  Any person who violates subsection (a), (b), or (c) shall be fined not more than $ 5,000 or imprisoned for not more than 1 year, or both, for each such violation.

(f) Investigation of violations by Secretary; assistance by other federal agencies; issuance of search warrant; forfeiture; costs recoverable in forfeiture or civil action.  The Secretary or any other person authorized by him shall make such investigations as the Secretary deems necessary to determine whether any person has violated or is violating any provision of this section, and the Secretary may obtain the assistance of the Federal Bureau of Investigation, the Department of the Treasury, or other law enforcement agencies of the United States, and State and local governmental agencies, in the conduct of such investigations, under cooperative agreements with such agencies. A warrant to search for and seize any animal which there is probable cause to believe was involved in any violation of this section may be issued by any judge of the United States or of a State court of record or by a United States magistrate [United States magistrate judge] within the district wherein the animal sought is located. Any United States marshal or any person authorized under this section to conduct investigations may apply for and execute any such warrant, and any animal seized under such a warrant shall be held by the United States marshal or other authorized person pending disposition thereof by the court in accordance with this paragraph (f). Necessary care including veterinary treatment shall be provided while the animals are so held in custody. Any animal involved in any violation of this section shall be liable to be proceeded against and forfeited to the United States at any time on complaint filed in any United States district court or other court of the United States for any jurisdiction in which the animal is found and upon a judgment of forfeiture shall be disposed of by sale for lawful purposes or by other humane means, as the court may direct. Costs incurred by the United States for care of animals seized and forfeited under this section shall be recoverable from the owner of the animals if he appears in such forfeiture proceeding or in a separate civil action brought in the jurisdiction in which the owner is found, resides, or transacts business.

(g) Definitions.  For purposes of this section--

(1) the term "animal fighting venture" means any event which involves a fight between at least two animals and is conducted for purposes of sport, wagering, or entertainment except that the term "animal fighting venture" shall not be deemed to include any activity the primary purpose of which involves the use of one or more animals in hunting another animal or animals, such as waterfowl, bird, raccoon, or fox hunting;

(2) the term "interstate or foreign commerce" means--
      (A) any movement between any place in a State to any place in another State or between places in the same State through another State; or
      (B) any movement from a foreign country into any State;

(3) the term "interstate instrumentality" means telegraph, telephone, radio, or television operating in interstate or foreign commerce;

(4) the term "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States;

(5) the term "animal" means any live bird, or any live dog or other mammal, except man; and

(6) the conduct by any person of any activity prohibited by this section shall not render such person subject to the other sections of this Act [7 USCS § §  2131 et seq.] as a dealer, exhibitor, or otherwise.

(h) Conflict with state law.  [(1)] The provisions of this Act [7 USCS § §  2131 et seq.] shall not supersede or otherwise invalidate any such State, local, or municipal legislation or ordinance relating to animal fighting ventures except in case of a direct and irreconcilable conflict between any requirements thereunder and this Act [7 USCS § §  2131 et seq.] or any rule, regulation, or standard hereunder. 

(Effective 1971, amended 1976.)



RCW 16.52.300
Animals Used as Bait

Summary:

You are in violation of this state law if...

(a) you trap a domestic dog or cat with the intent to use that aninal as bait, prey, or in the training of another animal to track, fight, or hunt, and/or...

(b) use a domestic dog or cat as bait, prey, or in the training of another animal to track, fight, or hunt...

Law enforcement officers or animal control officers shall seize and hold the animals. The seized animals shall be disposed of by the court pursuant to the provisions of RCW 16.52.200(3).

Using animals a bait may be charged as first or second degree animal cruelty depending on the circumstances:

RCW 16.52.205 First Degree Animal Cruelty, a Class "C" Felony with punishment of up to $10,000 and/or confinement in a state correctional institution for up to 5 years imprisonment.
 
RCW 16.52.207 Second Degree Animal Cruelty, a Misdemeanor, and is punishable by a fine of up to $1,000 and/or up to 90 days imprisonment in the county jail.

City code, or ordinance (the law of the city) may impose additional fines and/or confinement as noted below.

Text of State Law:

RCW 16.52.300
Dogs or cats used as bait -- Seizure -- Limitation

(1) If any person commits the crime of animal cruelty in the first or second degree by using or trapping to use domestic dogs or cats as bait, prey, or targets for the purpose of training dogs or other animals to track, fight, or hunt, law enforcement officers or animal control officers shall seize and hold the animals being trained. The seized animals shall be disposed of by the court pursuant to the provisions of RCW 16.52.200(3).
     (2) This section shall not in any way interfere with or impair the operation of any provision of Title 28B RCW, relating to higher education or biomedical research.

[1994 c 261 § 15; 1990 c 226 § 1.]

NOTES:

     Finding -- Intent -- 1994 c 261: See note following RCW 16.52.011.

RCW 16.52.200
Sentences -- Forfeiture of animals -- Liability for costs -- Civil penalty -- Education, counseling

(1) The sentence imposed for a misdemeanor or gross misdemeanor violation of this chapter may be deferred or suspended in accordance with RCW 3.66.067 and 3.66.068, however the probationary period shall be two years.
     (2) In case of multiple misdemeanor or gross misdemeanor convictions, the sentences shall be consecutive, however the probationary period shall remain two years.
     (3) In addition to the penalties imposed by the court, the court shall order the forfeiture of all animals held by law enforcement or animal care and control authorities under the provisions of this chapter if any one of the animals involved dies as a result of a violation of this chapter or if the defendant has a prior conviction under this chapter. In other cases the court may enter an order requiring the owner to forfeit the animal if the court deems the animal's treatment to have been severe and likely to reoccur. If forfeiture is ordered, the owner shall be prohibited from owning or caring for any similar animals for a period of two years. The court may delay its decision on forfeiture under this subsection until the end of the probationary period.
     (4) In addition to fines and court costs, the defendant, only if convicted or in agreement, shall be liable for reasonable costs incurred pursuant to this chapter by law enforcement agencies, animal care and control agencies, or authorized private or public entities involved with the care of the animals. Reasonable costs include expenses of the investigation, and the animal's care, euthanization, or adoption.
     (5) If convicted, the defendant shall also pay a civil penalty of one thousand dollars to the county to prevent cruelty to animals. These funds shall be used to prosecute offenses under this chapter and to care for forfeited animals pending trial.
     (6) As a condition of the sentence imposed under this chapter or RCW 9.08.070 through 9.08.078, the court may also order the defendant to participate in an available animal cruelty prevention or education program or obtain available psychological counseling to treat mental health problems contributing to the violation's commission. The defendant shall bear the costs of the program or treatment.

[2003 c 53 § 113; 1994 c 261 § 14; 1987 c 335 § 2.]

NOTES:

Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.
Finding -- Intent -- 1994 c 261: See note following RCW 16.52.011.
Construction -- Severability -- 1987 c 335: See notes following RCW 16.52.085.

RCW 9.08.070
Stealing, Injuring or Killing a Pet

Summary:

You are in violation of this state law if you...

(a) steal, remove a pet from it's owner's property, confine, or hide any pet animal.

(b) conceal the indentity of any pet animal or it's owner by obscuring , altering, or removing from the pet animal any collar, tag, license, tattoo, or other identifying device or mark, no matter it's value.

(c) willfully or recklessly kill or injure any pet animal, no matter it's value.

If the pet animal's value is $250 or less, the vIolation of this law is a Gross Misdemeanor punishable by a fine of up to $5,000 but not less than the mandatory fine of $500 per animal, and confinement in a county jail for a term of up to 1 year imprisonment.

*If the pet animal's value is at least $250.99, but not more than $1,500, violation of this law is a Class "C" Felony punishable by a fine of up to $10,000 per animal and/or confinement in a state correctional institution for a term of up to 5 years imprisonment.

*If the pet animal's value is at least $1,500.99, violation of this law is a Class "B" Felony punishable by a fine of up to $20,000 per animal and/or confinement in a state correctional institution for a term of up to 10 years imprisonment.

You can additionally be found guilty of one or more of the following offenses (fines and confinement are in addition to fines and confinement set forth in this statute):

RCW 16.52.205 First Degree Animal Cruelty, a Class "C" Felony ($10,000 / 5 years imprisonment)
 
RCW 16.52.207 Second Degree Animal Cruelty, a Misdemeanor ($1,000 fine / 90 days jail time)
 
RCW 9A.56.150 First Degree Possession of Stolen Property, a Class "B" Felony ($20,000 fine / 10 years imprisonment)
 
RCW 9A.56.160 Second Degree Possession of Stolen Property is a Class "C" Felony ($10,000 fine / 5 years imprisonment)
 
RCW 9A.56.170 Third Degree Possession of Stolen Property is a Gross Misdemeanor ($5,000 fine / 1 year jail time)

City code, or ordinance (the law of the city) may impose additional fines and/or confinement as noted below.

Text of State Law:

RCW 9.08.070
Pet animals -- Taking, concealing, injuring, killing, etc. -- Penalty

(1) Any person who, with intent to deprive or defraud the owner thereof, does any of the following shall be guilty of a gross misdemeanor punishable according to chapter 9A.20 RCW and by a mandatory fine of not less than five hundred dollars per pet animal, except as provided by subsection (2) of this section:
     (a) Takes, leads away, confines, secretes or converts any pet animal, except in cases in which the value of the pet animal exceeds two hundred fifty dollars;
     (b) Conceals the identity of any pet animal or its owner by obscuring, altering, or removing from the pet animal any collar, tag, license, tattoo, or other identifying device or mark;
     (c) Willfully or recklessly kills or injures any pet animal, unless excused by law.
     (2) Nothing in this section shall prohibit a person from also being convicted of separate offenses under RCW 9A.56.030, 9A.56.040, or 9A.56.050 for theft or under RCW 9A.56.150, 9A.56.160, or 9A.56.170 for possession of stolen property.

[2003 c 53 § 9; 1989 c 359 § 2; 1982 c 114 § 1.]

NOTES:

     Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.

Application of Consumer Protection Act: RCW 19.86.145.

Related Pullman City Code

Summary (excerpted):

You are in violation of this law if you...

(a) open any door or gate on any privately owned property, and/or unleash or coax away any animal so that it leaves it's containment and is free to run at-large.

(b) provoke any dog or other animal while it is confined to it's owner's property.

(c) mistreat or abuse any dog or other animal while it is confined to it's owner's property.

(d) set a "leg-hold type" or "noose type" trap to catch a dog or other animal.

The penalty for violating this law is a fine of up to $500 for each animal and each occurrence, in addition to fines and confinement imposed by the state.

Text of Law (excerpted):

Ordinance 9.20.130 Other acts prohibited
 

(1)  No person shall wilfully open any door or gate on any private premises or unleash or coax away any dog or animal for the purpose of enticing or enabling any dog or other animal to leave such private premises and be at large as defined in this Title.

(2)  No person shall wilfully provoke, mistreat, or abuse any dog or other animal while confined to its keeper's premises.

(3)  No person shall set a "leg-hold type" or "noose type" trapping device to catch a dog or other animal.

Text of Law: Penalties (excerpt):

(2)  Any person or entity which violates the provisions of sections:

Ordinance 9.20.130 Other acts prohibited
 

of this Title shall be deemed to have committed a civil infraction and for each violation shall be fined not to exceed the sum of $500.00.  In lieu of a court appearance, any person or entity charged with having committed a civil infraction prohibited by the provisions set forth in this subsection (2) may forfeit to the Whitman County District Court a penalty in the sum of $50.00.

RCW 9.08.072
Selling or Transferring a Stolen Pet to a Research Facility

Summary:

You are in violation of this state law if you...

(a) receive a pet animal that you know, or have reason to believe, has been stolen or fraudulently obtained, with the intent to sell, or transfer, to a research institution.

The first conviction under this section is a Gross Misdemeanor and is punishable by a fine of up to $5,000, but not less than $500, and/or confinement in a county jail for up to 1 year imprisonment.

The second conviction under this section is a Class "C" Felony punishable by a fine of up to $10,000, but not less than $1,000, and/or confinement in a state correctional institution for up to 5 years imprisonment.

Whether or not you are found guilty of this offense, you can also be found guilty of other offenses including animal cruelty, theft and robbery, and possession of stolen property:

RCW 16.52.205 First Degree Animal Cruelty, a Class "C" Felony ($10,000 / 5 years imprisonment)
 
RCW 16.52.207 Second Degree Animal Cruelty, a Misdemeanor ($1,000 fine / 90 days jail time)
 
RCW 9A.56.030 First Degree Theft, a Class "B" Felony ($20,000 fine / 10 years imprisonment)
 
RCW 9A.56.040 Second Degree Theft, a Class "C" Felony ($10,000 fine / 5 years imprisonment)
 
RCW 9A.56.050 Third Degree Theft, a Gross Misdemeanor ($5,000 fine / 1 year jail time)
 
RCW 9A.56.150 First Degree Possession of Stolen Property, a Class "B" Felony ($20,000 fine / 10 years imprisonment)
 
RCW 9A.56.160 Second Degree Possession of Stolen Property, a Class "C" Felony ($10,000 fine / 5 years imprisonment)
 
RCW 9A.56.170 Third Degree Possession of Stolen Property, a Gross Misdemeanor ($5,000 fine / 1 year jail time)

City code, or ordinance (the law of the city) may impose additional fines and/or confinement.

Text of State Law:

RCW 9.08.072
Transferring stolen pet animal to a research institution -- Penalty

(1) It is unlawful for any person to receive with intent to sell to a research institution in the state of Washington, or sell or otherwise directly transfer to a research institution in the state of Washington, a pet animal that the person knows or has reason to know has been stolen or fraudulently obtained. This section does not apply to U.S.D.A. licensed dealers.
     (2) The first conviction under this section is a gross misdemeanor punishable according to chapter 9A.20 RCW and by a mandatory fine of not less than five hundred dollars per pet animal.
     (3) A second or subsequent conviction under this section is a class C felony punishable according to chapter 9A.20 RCW and by a mandatory fine of not less than one thousand dollars per pet animal.
     (4) Nothing in this section shall prohibit a person from also being convicted of separate offenses under RCW 9A.56.030, 9A.56.040, or 9A.56.050 for theft or under RCW 9A.56.150, 9A.56.160, or 9A.56.170 for possession of stolen property.

[2003 c 53 § 10.]

NOTES:

     Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180

RCW 9.08.074
Selling or Transferring a Stolen Pet to a Another Person For Sale to a Research Facility

Summary:

You are in violation of this state law if you...

(a) sell or otherwise transfer a pet animal that you know, or have reason to believe, has been stolen or fraudulently obtained, to any person who you know, or have reason to believe, has sold stolen pets to research facilities in the past.

Violation of this law is a Class "C" Felony punishable by a fine of up to $10,000, but not less than $1,000, and/or confinement in a state correctional institution for up to 5 years imprisonment.

Whether or not you are found guilty of this offense, you can also be found guilty of other offenses including animal cruelty, theft and robbery, and possession of stolen property:

RCW 16.52.205 First Degree Animal Cruelty, a Class "C" Felony ($10,000 / 5 years imprisonment)
 
RCW 16.52.207 Second Degree Animal Cruelty, a Misdemeanor ($1,000 fine / 90 days jail time)
 
RCW 9A.56.030 First Degree Theft, a Class "B" Felony ($20,000 fine / 10 years imprisonment)
 
RCW 9A.56.040 Second Degree Theft, a Class "C" Felony ($10,000 fine / 5 years imprisonment)
 
RCW 9A.56.050 Third Degree Theft, a Gross Misdemeanor ($5,000 fine / 1 year jail time)
 
RCW 9A.56.150 First Degree Possession of Stolen Property, a Class "B" Felony ($20,000 fine / 10 years imprisonment)
 
RCW 9A.56.160 Second Degree Possession of Stolen Property, a Class "C" Felony ($10,000 fine / 5 years imprisonment)
 
RCW 9A.56.170 Third Degree Possession of Stolen Property, a Gross Misdemeanor ($5,000 fine / 1 year jail time)

City code, or ordinance (the law of the city) may impose additional fines and/or confinement.

Text of State Law:

RCW 9.08.074
Transferring stolen pet animal to a person who has previously sold a stolen pet animal to a research institution -- Penalty

(1) It is unlawful for any person, who knows or has reason to know that a pet animal has been stolen or fraudulently obtained, to sell or otherwise transfer the pet animal to another who the person knows or has reason to know has previously sold a stolen or fraudulently obtained pet animal to a research institution in the state of Washington.
     (2) A conviction under this section is a class C felony punishable according to chapter 9A.20 RCW and by a mandatory fine of not less than one thousand dollars per pet animal.

[2003 c 53 § 11.]

NOTES:

     Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180

RCW 9.08.076
Selling or Transferring a Stolen Pet to a Research Facility by a USDA Dealer

Summary:

You are in violation of this state law if you...

(a) are a licensed USDA dealer, and you sell or otherwise transfer to a research facility, either directly or through a third-party, any pet that you know, or have reason to believe, has been stolen or fraudulently obtained.

Violation of this law is a Class "C" Felony punishable by a fine of up to $10,000, but not less than $1,000, and/or confinement in a state correctional institution for up to 5 years imprisonment.

Whether or not you are found guilty of this offense, you can also be found guilty of other offenses including animal cruelty, theft and robbery, and possession of stolen property:

RCW 16.52.205 First Degree Animal Cruelty, a Class "C" Felony ($10,000 / 5 years imprisonment)
 
RCW 16.52.207 Second Degree Animal Cruelty, a Misdemeanor ($1,000 fine / 90 days jail time)
 
RCW 9A.56.030 First Degree Theft, a Class "B" Felony ($20,000 fine / 10 years imprisonment)
 
RCW 9A.56.040 Second Degree Theft, a Class "C" Felony ($10,000 fine / 5 years imprisonment)
 
RCW 9A.56.050 Third Degree Theft, a Gross Misdemeanor ($5,000 fine / 1 year jail time)
 
RCW 9A.56.150 First Degree Possession of Stolen Property, a Class "B" Felony ($20,000 fine / 10 years imprisonment)
 
RCW 9A.56.160 Second Degree Possession of Stolen Property, a Class "C" Felony ($10,000 fine / 5 years imprisonment)
 
RCW 9A.56.170 Third Degree Possession of Stolen Property, a Gross Misdemeanor ($5,000 fine / 1 year jail time)

City code, or ordinance (the law of the city) may impose additional fines and/or confinement.

Text of State Law:

RCW 9.08.076
Transferring stolen pet animal to a research institution by a U.S.D.A. licensed dealer -- Penalty

(1) It is unlawful for a U.S.D.A. licensed dealer to receive with intent to sell, or sell or transfer directly or through a third party, to a research institution in the state of Washington, a pet animal that the dealer knows or has reason to know has been stolen or fraudulently obtained.
     (2) A conviction under this section is a class C felony punishable according to chapter 9A.20 RCW and by a mandatory fine of not less than one thousand dollars per pet animal.

[2003 c 53 § 12.]

NOTES:

     Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.

View Text of Federal Code Regarding the Sale or Transfer of a Stolen Pet by a USDA Dealer

RCW 9.08.078
Illegal Sale, Receipt, or Transfer of Pets

Summary:

The sale, receipt, or transfer of each stolen pet is a separate offense.

The provisions of RCW 9.08.070 do not apply to employees or agents of any humane society, animal control agency, or animal shelter operated by a government agency, or empowered by a government agency or court.

City code, or ordinance (the law of the city) may impose additional fines and/or confinement.

Text of State Law:

RCW 9.08.078
Illegal sale, receipt, or transfer of pet animals -- Separate offenses

(1) The sale, receipt, or transfer of each individual pet animal in violation of RCW 9.08.070 through 9.08.078 constitutes a separate offense.
     (2) The provisions of RCW 9.08.070 through 9.08.078 shall not apply to the lawful acts of any employee, agent, or director of any humane society, animal control agency, or animal shelter operated by or on behalf of any government agency, operating under law.

[2003 c 53 § 13.]

NOTES:

     Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180

Depiction of Animal Cruelty

Summary:

You are inviolation of this federal code if you...

(a) photograph, film, video-tape, digitally record, or make an audio recording of any living animal intentionally being maimed, mutilated, tortured, wounded, injured, or killed.

(b) sell or distribute any photograph, film, video-tape, digital image, computer file, or audio recording of any living animal intentionally being maimed, mutilated, tortured, wounded, injured, or killed.

(c) possess any photograph, film, video-tape, digital image, computer file, or audio recording of any living animal intentionally being maimed, mutilated, tortured, wounded, injured, or killed.

The penalty for violating this law is an unspecified fine, and imprisonment for not more than 5 years in a federal prison, in addition to fines and confinement imposed by the state.

Text of Federal Code:

UNITED STATES CODE
TITLE 18. CRIMES AND CRIMINAL PROCEDURE
PART I. CRIMES
CHAPTER 3. ANIMALS, BIRDS, FISH, AND PLANTS
18 USCS § 48  (2001)

 
§ 48.  Depiction of animal cruelty

(a) Creation, sale, or possession. Whoever knowingly creates, sells, or possesses a depiction of animal cruelty with the intention of placing that depiction in interstate or foreign commerce for commercial gain, shall be fined under this title or imprisoned not more than 5 years, or both.
    
(b) Exception. Subsection (a) does not apply to any depiction that has serious religious, political, scientific, educational, journalistic, historical, or artistic value.
    
(c) Definitions. In this section--

(1) the term "depiction of animal cruelty" means any visual or auditory depiction, including any photograph, motion-picture film, video recording, electronic image, or sound recording of conduct in which a living animal is intentionally maimed, mutilated, tortured, wounded, or killed, if such conduct is illegal under Federal law or the law of the State in which the creation, sale, or possession takes place, regardless of whether the maiming, mutilation, torture, wounding, or killing took place in the State; and

(2) the term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other commonwealth, territory, or possession of the United States.

RCW 77.15.194
Unlawful traps -- Penalty

Summary:

You are in violation of this state law if you...

(1) Use or authorize the use of any steel-jawed leghold trap, neck snare, or other body-gripping trap to capture any mammal for recreation or fur commerce.

(2) Knowingly buy, sell, barter, or otherwise exchange, or offer to buy, sell, barter, or otherwise exchange the raw fur of a mammal, or a mammal (dead or alive) that has been trapped in a steel-jawed leghold trap, or any other body-gripping trap.

(3) Use or authorize the use of any steel-jawed leghold trap or any other body-gripping trap to capture any animal, except as provided otherwise by this law.

Use of Conibear traps in water, padded leghold traps, or nonstrangling type foot snares can be used with special permit. Illegal traps, as referred to in paragraphs 1, 2, and 3, can be used with special permit, and in special circumstances, as granted by wildlife officials (refer to text of state law below).

Violation of this law is a Gross Misdemeanor punishable by a fine of up to $5,000, and/or confinement in a state correctional institution for up to 1 year imprisonment.

Text of State Law:

     (1) It is unlawful to use or authorize the use of any steel-jawed leghold trap, neck snare, or other body-gripping trap to capture any mammal for recreation or commerce in fur.

     (2) It is unlawful to knowingly buy, sell, barter, or otherwise exchange, or offer to buy, sell, barter, or otherwise exchange the raw fur of a mammal or a mammal that has been trapped in this state with a steel-jawed leghold trap or any other body-gripping trap, whether or not pursuant to permit.

     (3) It is unlawful to use or authorize the use of any steel-jawed leghold trap or any other body-gripping trap to capture any animal, except as provided in subsections (4) and (5) of this section.

     (4) Nothing in this section prohibits the use of a Conibear trap in water, a padded leghold trap, or a nonstrangling type foot snare with a special permit granted by the director under (a) through (d) of this subsection. Issuance of the special permits shall be governed by rules adopted by the department and in accordance with the requirements of this section. Every person granted a special permit to use a trap or device listed in this subsection shall check the trap or device at least every twenty-four hours.

     (a) Nothing in this section prohibits the director, in consultation with the department of social and health services or the United States department of health and human services from granting a permit to use traps listed in this subsection for the purpose of protecting people from threats to their health and safety.

     (b) Nothing in this section prohibits the director from granting a special permit to use traps listed in this subsection to a person who applies for such a permit in writing, and who establishes that there exists on a property an animal problem that has not been and cannot be reasonably abated by the use of nonlethal control tools, including but not limited to guard animals, electric fencing, or box and cage traps, or if such nonlethal means cannot be reasonably applied. Upon making a finding in writing that the animal problem has not been and cannot be reasonably abated by nonlethal control tools or if the tools cannot be reasonably applied, the director may authorize the use, setting, placing, or maintenance of the traps for a period not to exceed thirty days.

     (c) Nothing in this section prohibits the director from granting a special permit to department employees or agents to use traps listed in this subsection where the use of the traps is the only practical means of protecting threatened or endangered species as designated under RCW 77.08.010 .

     (d) Nothing in this section prohibits the director from issuing a permit to use traps listed in this subsection, excluding Conibear traps, for the conduct of legitimate wildlife research.

     (5) Nothing in this section prohibits the United States fish and wildlife service, its employees or agents, from using a trap listed in subsection (4) of this section where the fish and wildlife service determines, in consultation with the director, that the use of such traps is necessary to protect species listed as threatened or endangered under the federal endangered species act (16 U.S.C. Sec. 1531 et seq.).

     ((6) A person violating this section is guilty of a gross misdemeanor.

Sections of Code Referenced Above

The below "Definitions" text has been edited to include only terms used in the codes quoted on this page:

RCW 9A.04.110
Definitions

In this title unless a different meaning plainly is required:
(4)(a) "Bodily injury," "physical injury," or "bodily harm" means physical pain or injury, illness, or an impairment of physical condition;
     (b) "Substantial bodily harm" means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily part or organ, or which causes a fracture of any bodily part;
     (c) "Great bodily harm" means bodily injury which creates a probability of death, or which causes significant serious permanent disfigurement, or which causes a significant permanent loss or impairment of the function of any bodily part or organ;

RCW 16.52.011
Definitions -- Principles of liability

(1) Principles of liability as defined in chapter 9A.08 RCW apply to this chapter.     (2) Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.     (a) "Animal" means any nonhuman mammal, bird, reptile, or amphibian.     (b) "Animal care and control agency" means any city or county animal control agency or authority authorized to enforce city or county municipal ordinances regulating the care, control, licensing, or treatment of animals within the city or county, and any corporation organized under RCW 16.52.020 that contracts with a city or county to enforce the city or county ordinances governing animal care and control.     (c) "Animal control officer" means any individual employed, contracted, or appointed pursuant to RCW 16.52.025 by an animal care and control agency or humane society to aid in the enforcement of ordinances or laws regulating the care and control of animals. For purposes of this chapter, the term "animal control officer" shall be interpreted to include "humane officer" as defined in (e) of this subsection and RCW 16.52.025.     (d) "Euthanasia" means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death, or by a method that causes painless loss of consciousness, and death during the loss of consciousness.     (e) "Humane officer" means any individual employed, contracted, or appointed by an animal care and control agency or humane society as authorized under RCW 16.52.025.     (f) "Law enforcement agency" means a general authority Washington law enforcement agency as defined in RCW 10.93.020.     (g) "Necessary food" means 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 for the animal.     (h) "Owner" means a person who has a right, claim, title, legal share, or right of possession to an animal or a person having lawful control, custody, or possession of an animal.     (i) "Person" means individuals, corporations, partnerships, associations, or other legal entities, and agents of those entities.     (j) "Substantial bodily harm" means substantial bodily harm as defined in RCW 9A.04.110.

[1994 c 261 § 2.]

 

Intent

     Finding -- Intent -- 1994 c 261: "The legislature finds there is a need to modernize the law on animal cruelty to more appropriately address the nature of the offense. It is not the intent of this act to remove or decrease any of the exemptions from the statutes on animal cruelty that now apply to customary animal husbandry practices, state game or fish laws, rodeos, fairs under chapter 15.76 RCW, or medical research otherwise authorized under federal or state law. It is the intent of this act to require the enforcement of chapter 16.52 RCW by persons who are accountable to elected officials at the local and state level." [1994 c 261 § 1.]



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