Complete Georgia
Statute:§16-12-4.
Cruelty to animals
(a) As used in
this Code section,
the term:
(1) "Animal"
shall not include
any fish nor shall
such term include
any pest that might
be exterminated or
removed from a
business, residence,
or other structure.
(2) "Conviction"
shall include pleas
of guilty or nolo
contendere or
probation as a first
offender pursuant to
Article 3 of Chapter
8 of Title 42 and
any conviction, plea
of guilty or nolo
contendere, or
probation as a first
offender for an
offense under the
laws of the United
States or any of the
several states that
would constitute a
violation of this
Code section if
committed in this
state.
(3) "Willful
neglect" means the
intentional
withholding of food
and water required
by an animal to
prevent starvation
or dehydration.
(b) A person
commits the offense
of cruelty to
animals when he or
she causes death or
unjustifiable
physical pain or
suffering to any
animal by an act, an
omission, or willful
neglect. Any person
convicted of a
violation of this
subsection shall be
guilty of a
misdemeanor;
provided, however,
that:
(1) Any person
who is convicted of
a second or
subsequent violation
of this subsection
shall be punished by
imprisonment not to
exceed 12 months, a
fine not to exceed $
5,000.00, or both;
and
(2) Any person
who is convicted of
a second or
subsequent violation
of this subsection
which results in the
death of an animal
shall be guilty of a
misdemeanor of a
high and aggravated
nature and shall be
punished by
imprisonment for not
less than three
months nor more than
12 months, a fine
not to exceed $
10,000.00, or both,
which punishment
shall not be
suspended, probated,
or withheld.
(c) A person
commits the offense
of aggravated
cruelty to animals
when he or she
knowingly and
maliciously causes
death or physical
harm to an animal by
rendering a part of
such animal's body
useless or by
seriously
disfiguring such
animal. A person
convicted of the
offense of
aggravated cruelty
to animals shall be
punished by
imprisonment for not
less than one nor
more than five
years, a fine not to
exceed $ 15,000.00,
or both, provided
that any person who
is convicted of a
second or subsequent
violation of this
subsection shall be
punished by
imprisonment for not
less than one nor
more than five
years, a fine not to
exceed the amount
provided by Code
Section 17-10-8, or
both.
(d) Before
sentencing a
defendant for any
conviction under
this Code section,
the sentencing judge
may require
psychological
evaluation of the
offender and shall
consider the entire
criminal record of
the offender.
(e) The
provisions of this
Code section shall
not be construed as
prohibiting conduct
which is otherwise
permitted under the
laws of this state
or of the United
States, including,
but not limited to,
agricultural, animal
husbandry,
butchering, food
processing,
marketing,
scientific,
research, medical,
zoological,
exhibition,
competitive,
hunting, trapping,
fishing, wildlife
management, or pest
control practices or
the authorized
practice of
veterinary medicine
nor to limit in any
way the authority or
duty of the
Department of
Agriculture,
Department of
Natural Resources,
any county board of
health, any law
enforcement officer,
dog, animal, or
rabies control
officer, humane
society,
veterinarian, or
private landowner
protecting his or
her property.
(f)(1) Nothing in
this Code section
shall be construed
as prohibiting a
person from:
(A) Defending his
or her person or
property, or the
person or property
of another, from
injury or damage
being caused by an
animal; or
(B) Injuring or
killing an animal
reasonably believed
to constitute a
threat for injury or
damage to any
property, livestock,
or poultry.
(2) The method
used to injure or
kill such animal
shall be designed to
be as humane as is
possible under the
circumstances. A
person who humanely
injures or kills an
animal under the
circumstances
indicated in this
subsection shall
incur no civil or
criminal liability
for such injury or
death.
§16-6-6.
Bestiality
(a) A person
commits the offense
of bestiality when
he performs or
submits to any
sexual act with an
animal involving the
sex organs of the
one and the mouth,
anus, penis, or
vagina of the other.
(b) A person
convicted of the
offense of
bestiality shall be
punished by
imprisonment for not
less than one nor
more than five
years. |
