(NONLIVESTOCK) ANIMAL CRUELTY & RELATED STATUTES
Idaho Code Ann. § 25-3502 (Animal Care)
DEFINITIONS OF “ANIMAL” AND MINIMUM STANDARD OF CARE
“Animal” means any vertebrate member of the animal kingdom, except man. Idaho Code Ann. § 25-3502.
- Companion animal” means those animals solely kept as pets and not used as production animals, as defined in this section, including, but not limited to, domestic dogs, domestic cats, rabbits, companion birds, and other animals. Idaho Code Ann. § 25-3502.
Standard of basic care:
- It is cruel to “negligently confine an animal in unsanitary conditions or to negligently house an animal in inadequate facilities; to negligently fail to provide sustenance, water or shelter to an animal.” Idaho Code Ann. § 25-3502
- “Any person who impounds, or causes to be impounded in any pound, any animal, must supply the same during such confinement with a sufficient quantity of wholesome food and clean water, and in default thereof, is guilty of a misdemeanor and shall, upon conviction, be punished in accordance with section 25-3520A, Idaho Code.” Idaho Code Ann. § 25-3510.
No requirement to provide necessary veterinary care?
DEFINITION OF CRUELTY (TO NONLIVESTOCK ANIMALS)
Every person who is cruel to any animal, or who causes or procures any animal to be cruelly treated, or who, having the charge or custody of any animal either as owner or otherwise, subjects any animal to cruelty shall, upon conviction, be punished in accordance with section 25-3520A, Idaho Code. Idaho Code Ann. § 25-3504.
- (5) “Cruel” or “cruelty” shall mean any or all of the following: (a) The intentional and malicious infliction of pain, physical suffering, injury or death upon an animal; (b) To maliciously kill, maim, wound, torment, deprive of necessary sustenance, drink or shelter, cruelly beat, mutilate or cruelly kill an animal; (c) To subject an animal to needless suffering or inflict unnecessary cruelty; (d) To knowingly abandon an animal; (e) To negligently confine an animal in unsanitary conditions or to negligently house an animal in inadequate facilities; to negligently fail to provide sustenance, water or shelter to an animal. Idaho Code Ann. § 25-3502
EXEMPTIONS TO CRUELTY LAWS
“Any Idaho licensed veterinarian” (!):”Any Idaho licensed veterinarian shall be held harmless from either criminal or civil liability for any decisions made or services rendered under the provisions of this chapter. Such a veterinarian is, therefore, protected from a lawsuit for his part in an investigation of cruelty to animals. Provided however, that a veterinarian who participates or reports in bad faith or with malice shall not be protected under the provisions of this section.” Idaho Code Ann. § 25-3514A.
Many exceptions: “Torture” also shall not mean or include normal or legal practices as provided in section 25-3514, Idaho Code. Idaho Code Ann. § 25-3502.
- E.g., “Any other exhibitions, competitions, activities, practices or procedures normally or commonly considered acceptable.”
AFFIRMATIVE DUTY OF A GOVERN. OFFICIAL?
Yes, for companion animals:
“Local law enforcement agencies shall be responsible for the administration of the provisions of this chapter as they pertain to companion animals and shall be authorized to call upon the division to aid in fulfillment of the requirements of this chapter and refer cases for prosecution to the appropriate authority.” Idaho Code Ann. § 25-3501.