Tuesday, January 26, 2010

Buddy's Law Has Been Written!!!!

Colorado Law as it currently stands:

Colorado Statutes, Title 18, Article 9, Part 2
Colorado Revised Statute 18-9-202

Animal cruelty is defined as: “Knowingly, recklessly or with criminal negligence overdrives, overloads, overworks, torments, deprives of necessary sustenance, unnecessarily or cruelly beats, allows to be housed in a manner that results in chronic or repeated serious physical harm, carries or confines in or upon any vehicles in a cruel or reckless manner, or otherwise mistreats or neglects any animal, or causes or procures it to be done, or, having the charge or custody of any animal, fails to provide it with proper food, drink, or protection from the weather, consistent with the species, breed, and type of animal involved, or abandons an animal” or “recklessly or with criminal negligence tortures, needlessly mutilates, or needlessly kills an animal.” Conviction of Cruelty to Animals is a Class 1 Misdemeanor with a minimum fine of $400, maximum fine of $5000. In addition to any other fine, a surcharge of up to $400 shall be paid to the county where the violation occurred to be put into the Animal Cruelty Prevention fund. A subsequent conviction of Cruelty to Animals carries of minimum fine of $1000, maximum fine of $5000 and a minimum of 90 days imprisonment or home detention, maximum imprisonment of 18 months. Anger Management or other psychological treatment as defined by the court is required, cost of care may also be assessed.

Aggravated Cruelty is: “knowingly tortures, needlessly mutilates, or needlessly kills an animal.” A conviction of Aggravated Animal Cruelty is a Class 6 Felony with a maximum fine of up to $100,000 and imprisonment for up to 18 months, minimum of 90 days in prison or in-home detention. Subsequent conviction of Aggravated Animal Cruelty is a Class 5 Felony with a maximum fine of $100,000 and imprisonment for up to 3 years. Exemptions are made for farming, draft or pack animals, rodeos, veterinary care, research, hunting and trapping.

Colorado Law with it's revisions into Buddy's Law:

Colorado Statutes, Title 18, Article 9, Part 2
Colorado Revised Statute 18-9-202

Neglect of an Animal is defined as: “Knowingly overdrives, overloads, overworks, torments, deprives of necessary sustenance, unnecessarily or cruelly beats, allows to be housed in a manner that results in chronic or repeated serious physical harm, carries or confines in or upon any vehicles in a cruel or reckless manner, or otherwise mistreats or neglects any animal, or causes or procures it to be done, or, having the charge or custody of any animal, fails to provide it with proper food, drink, or protection from the weather, consistent with the species, breed, and type of animal involved, or abandons an animal” or “recklessly or with criminal negligence tortures, needlessly mutilates, or needlessly kills an animal.”

Conviction of Neglect of an Animal shall be charged as follows: Class 1 misdemeanor with a minimum fine of $1,000 and a maximum fine of $5,000. Further, those convicted with Neglect of an Animal shall not be allowed to possess, own, care for or otherwise have access to companion animals in the State of Colorado. A second conviction of Neglect of an Animal shall be charged as follows: Class 1 misdemeanor with a minimum fine of $5,000 and a maximum fine of $10,000. Second convictions may also face a prison sentence of 12 months minimum and 24 months maximum.

Animal cruelty is defined as: “Knowingly, recklessly or with criminal negligence overdrives, overloads, overworks, torments, deprives of necessary sustenance, unnecessarily or cruelly beats, allows to be housed in a manner that results in chronic or repeated serious physical harm, carries or confines in or upon any vehicles in a cruel or reckless manner, or otherwise mistreats or neglects any animal, or causes or procures it to be done, or, having the charge or custody of any animal, fails to provide it with proper food, drink, or protection from the weather, consistent with the species, breed, and type of animal involved, or abandons an animal” or “recklessly or with criminal negligence tortures, needlessly mutilates, or needlessly kills an animal.”

Conviction of Cruelty to Animals is a Class 5 Felony charge with a minimum fine of $50,000, maximum fine of $500,000. In addition to any other fine, a surcharge of up to $4,000 shall be paid to the county where the violation occurred to be put into the Animal Cruelty Prevention fund. A subsequent conviction of Cruelty to Animals is hereby charged as follows:




Class 2 Felony

Minimum - 8 years prison, $5,000 fine. Maximum - 24 years prison, $1,000,000 fine.

In addition to the above stated, also imposed shall be mandatory psychological counseling, 5,000 hours of useful community service, not in a veterinary clinic, animal shelter or other place where animals are present, and all related costs of care may also be assessed. The second conviction may also be defined as Aggravated Cruelty.

Aggravated Cruelty is: “knowingly tortures, needlessly mutilates, or needlessly kills an animal.” Exemptions are made for hunting and trapping, however the procedure must be completed in a timely and humane manner with no undue suffering.

In rare cases, an individual may commit a crime of a heinous or otherwise inhuman act against a companion that does not fall into the above categories. As with the case of the People of the State of Colorado V. Steven Clay Romero, a jury or judge may elect to impose harsher punishments than those stated above provided that the defendant: "has shown total lack of compassion toward living beings either animal or human, has more than 2 convictions for any of the above charges, or poses a real and immediate threat to the community in which he or she lives." In these cases, a minimum sentence of 10 years prison and a maximum sentence of 25 years prison may be charged. Any person receiving such sentence must submit for mandatory psychological evaluation and perform 5,000 hours of useful community service, not in a veterinary clinic, animal shelter or other place where animals are present.

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