Penal Code § 597 PC – California “Animal Abuse” & Cruelty Laws

California Penal Code § 597 PC prohibits animal abuse or cruelty, defined as maliciously killing, harming, maiming, or torturing a living animal. The crime can be charged as either a misdemeanor or a felony with a sentence of up to 3 years in jail or prison.

The language of the code section states that:

597. (a) Except as provided in subdivision (c) of this section or Section 599c, every person who maliciously and intentionally maims, mutilates, tortures, or wounds a living animal, or maliciously and intentionally kills an animal, is guilty of a crime punishable pursuant to subdivision (d).

The law protects all of the following:

• domesticated pets,
• companion animals,
• stray animals,
• wild animals, and
• farm animals.

Examples

• a pet owner leaving a pet alone in a house for many days without any food or water.
• intentionally throwing a dog into oncoming lanes of traffic.
• forcing a dog or cat to stay outdoors in extremely hot or cold conditions.

Defenses

You can challenge an animal abuse charge with a legal defense. Common defenses include that

• you acted in self-defense,
• you were not responsible for the abused animal’s care, and/or
• you lacked the means to properly care for the animal.

Penalties

A violation of this statute is a wobbler. A prosecutor can charge a wobbler as either a misdemeanor or a felony.

Misdemeanor animal abuse is punishable by custody in county jail for up to one year.

Felony animal abuse is punishable by custody in state prison for up to three years.

Our California criminal defense attorneys will answer the following faqs in this article:

• 1. When is animal abuse a crime in California?
• 2. How can an attorney defend me against these charges?
  • 2.1. Self-defense
  • 2.2. Not responsible for the animal
  • 2.3. Lack of means
• 3. What is the sentencing for Penal Code 597 PC?
• 4. What are the implications for non-citizens?
• 5. Can a conviction get cleared from my record?
• 6. Does a conviction affect gun rights?
• 7. Are there other California laws on animal abuse?
  • 7.1. Cockfighting – PC 597b
  • 7.2. Dogfighting – PC 597.5
  • 7.3. Leaving an animal in an unattended vehicle – PC 597.7
  • 7.4. Sexual abuse of animals – PC 286.5
  • 7.5. Poisoning animals – PC 596
  • 7.6. Transporting an animal in a cruel or inhumane manner – PC 597a
  • 7.7. Regulating the conditions of animals sold in a pet store – PC 597l
  • 7.8. Confined animals – PC 597t
  • 7.9. Unlawful tethering of a dog – HS 122335
• 8. Are there federal animal abuse laws?
  • 8.1. The Animal Welfare Act (AWA)
  • 8.2. The “28-Hour Law”
  • 8.3. The Humane Slaughter Act
  • 8.4. The Preventing Animal Cruelty and Torture Act (PACT)
• 9. How can I report animal abuse?

1. When is animal abuse a crime in California?

A prosecutor must prove the following to convict you under Penal Code 597:

1. you maimed, mutilated, tortured, wounded, or killed a living animal, and
2. you acted maliciously.¹

“Torture” means an act, failure to act, or neglect that causes unnecessary:

• physical pain, or
• suffering.²

“Maiming” means disabling or disfiguring an animal permanently or depriving it of a:

• limb,
• organ, or
• other body part.³

You act “maliciously” when you intentionally do a wrongful act.⁴

2. How can an attorney defend me against these charges?

Defense lawyers use different legal strategies to oppose charges under Penal Code 597. These include showing that:

1. you acted in self-defense.
2. you were not responsible for the animal’s care.
3. you lacked the means to properly care for the animal.

2.1. Self-defense

California’s self-defense laws allow you to defend yourself if there is the danger of an imminent attack.⁵ These laws let you stand up to dangers posed by both:

• other people, and
• animals (for example, an aggressive pitbull).

A valid defense, therefore, is that you wounded or killed an animal in defense of:

• yourself,
• another person, or
• another animal.

The defense works if you take no more action than was reasonably necessary to ward off the attack.⁶

2.2. Not responsible for the animal

You assert the following when using this defense:

1. while an animal may have died or was hurt,
2. you were not responsible for the animal’s care.

Example: Mark moves into an apartment with Kelly. Kelly has a pet cat named Whiskers. When he moves in, Kelly tells Mark not to worry about the cat and that she is in charge of feeding it. Whiskers eventually dies after Kelly fails to feed it for days. Acting on a tip, law enforcement agency officers arrive at the scene. Both Kelly and Mark are charged under PC 597.

In this scenario, Mark has a valid defense in that he was not responsible for Whiskers’ care. Although he was Kelly’s roommate, Kelly owned the cat and told Mark that she was responsible for feeding it.

2.3. Lack of means

You are not guilty of animal abuse if the animal is neglected only because you did not have the financial means to care for it. This defense reflects the real situation where a party may suffer financial hardship because of:

• an injury,
• a medical condition, or
• the loss of a job.

3. What is the sentencing for Penal Code 597 PC?

A violation of this statute is a wobbler. A wobbler is an offense that the prosecutor can charge as either:

• a misdemeanor, or
• a felony.

Misdemeanor animal abuse is punishable by:

• custody in the county jail for up to one year, and/or
• a maximum fine of $20,000.⁷

Felony animal abuse is punishable by:

• custody in state prison for up to three years, and/or
• a maximum fine of $20,000.⁸

In certain cases where you are granted probation, the judge may require you to undergo a mental health evaluation and complete counseling. (AB 829)

4. What are the implications for non-citizens?

A conviction of animal abuse may have negative immigration consequences.

A California court has ruled that “serious” cases of animal abuse can result in deportation.⁹ The facts of a case will dictate whether it is serious.

Also note that felony convictions that rise to the level of aggravated felonies can cause:

• a noncitizen defendant to be deported, or
• a noncitizen to be marked as inadmissible.

5. Can a conviction get cleared from my record?

You can get an animal abuse conviction expunged if:

1. the conviction was for misdemeanor abuse, and
2. you successfully completed either a jail term or probation.

You, though, cannot get a felony abuse conviction expunged. This is because expungements are not allowed for crimes that lead to prison terms.

6. Does a conviction affect gun rights?

A misdemeanor conviction will not affect your gun rights.

Felony convictions, though, will cause you to lose your rights to:

• own a gun, and
• possess a gun.

It is a general rule under California law that convicted felons must give up these rights.

7. Are there other California laws on animal abuse?

California has several other laws that prohibit or regulate certain acts with animals. The State has laws on the following:

1. Cockfighting – PC 597b
2. Dogfighting – PC 597.5
3. Leaving an animal in an unattended vehicle – PC 597.7
4. Sexual abuse of animals – PC 286.5
5. Poisoning animals – PC 596
6. Transporting an animal in a cruel or inhumane manner – PC 597a
7. Regulating the conditions of animals sold in a pet store – PC 597l
8. Confined animals – PC 597t
9. Unlawful tethering of a dog – HS 122335

7.1. Cockfighting – PC 597b

Penal Code 597b PC is the California statute that makes cockfighting a crime.

Cockfighting is the fighting or injuring of roosters.

The law makes it a misdemeanor to cause or allow a cockfight for either:

• amusement, or
• financial gain.

The law also prohibits permitting cockfighting on your premises or “aiding or abetting” cockfighting. (“Aiding or abetting” does not include being just a spectator.)

Penalties include up to one year in jail and/or $10,000 in fines.¹⁰

7.2. Dogfighting – PC 597.5

Penal Code 597.5 PC is the State’s dogfighting law. You violate this law if you:

• own or train a dog with the intent to enter it into a dogfight,
• cause a dog to injure or kill another dog for amusement or gain,
• permit dogfighting on your property or premises you control (or aid or abet this), and/or
• watch a dogfight as a spectator.

Dogfighting is a felony that can carry as much as three years in prison and/or $50,000. Being a spectator is a misdemeanor carrying up to one year in jail and/or $5,000.¹¹

7.3. Leaving an animal in an unattended vehicle – PC 597.7

Penal Code 597.7 PC makes it a misdemeanor crime for you to:

1. leave a dog or pet unattended in a vehicle, and
2. do so if the conditions would endanger the health or wellbeing of the animal.

Relevant considerations include the:

• weather,
• temperature inside the vehicle,
• amount of ventilation,
• lack of food or water, and
• length of time the animal was unattended.

The penalties include up to six months in jail and/or $500.¹²

7.4. Sexual abuse of animals – PC 286.5

Penal Code 286.5 PC is California’s statute on the sexual abuse of animals.

The law prohibits sexually assaulting an animal for the purpose of arousing sexual desires.

The sexual assault of an animal is also referred to as “bestiality” or “zoophilia.”

7.5. Poisoning animals – PC 596

Penal Code 596 PC is the California statute that makes it a misdemeanor for you to:

1. poison someone else’s animal, and
2. do so intentionally.

Note, though, that it is not a crime to use poison to control predatory animals.

This offense is a misdemeanor carrying up to six months in jail and/or $1,000 in fines plus restitution and the costs of caring for the animal.¹⁴

7.6. Transporting an animal in a cruel or inhumane manner – PC 597a

Penal Code 597a is the State’s law on the transportation of animals.

This statute makes it a misdemeanor for anyone to carry a domestic animal in a vehicle:

• in a cruel manner, or
• while knowingly allowing it to be subjected to unnecessary cruelty of any kind.

Penalties include up to six months in jail and/or $1,000 in fines plus restitution and the costs of caring for the animal.¹⁵

7.7. Regulating the conditions of animals sold in a pet store – PC 597l

Penal Code 597l regulates how pet shop owners must store their animals. The law says requires operators to provide these animals:

• sanitary conditions,
• proper heating and ventilation,
• adequate nutrition, and
• proper space.

Failure to maintain proper pet store conditions is a misdemeanor carrying up to 90 days in jail and/or $1,000. Though the court will dismiss a first-time charge if you comply with the statute.¹⁶

7.8. Confined animals – PC 597t

Penal Code 597t is the California statute on confined animals.

It says that confined animals restricted by a leash, chains or rope must have adequate:

• food,
• water, and
• shelter.

Furthermore, the restraints themselves must not cause the animals injury or allow them to get stuck or entangled.

Violating PC 597t is a misdemeanor carrying up to six months in jail and/or $1,000.

Note that this statute does not apply to animals in a vehicle or currently in a person’s immediate control.¹⁷

7.9. Unlawful tethering of a dog – HS 122335

Health and Safety Code 122335 prohibits tethering a dog to a stationary object. An example is chaining the animal to a tree.

This offense is a wobblette, meaning it can be a misdemeanor or an infraction. As an infraction, unlawful tethering carries up to $250 per dog. As a misdemeanor, it carries up to six months in jail and/or $1,000 per dog.¹⁸

8. Are there federal animal abuse laws?

There are four main federal statutes that pertain to animal abuse. These are:

1. The Animal Welfare Act (AWA),
2. The “28-Hour Law,”
3. The Humane Slaughter Act, and
4. The Preventing Animal Cruelty and Torture Act (PACT)

8.1. The Animal Welfare Act (AWA)

The AWA applies to animals:

• kept in zoos,
• used in laboratories, and
• used in commercial breeding.¹⁹

The Act directs the U.S. Department of Agriculture to set minimum standards for the:

• handling,
• care,
• treatment, and
• transportation of these animals.²⁰

The AWA also prohibits dogfighting and cockfighting operations that cross state lines.²¹

8.2. The “28-Hour Law”

The 28-Hour Law says that vehicles transporting certain animals for slaughter must:

1. stop every 28 hours, and
2. during the stop, provide the animals with exercise, food, and water.²²

Note that birds like chickens and turkeys are exempt from this law.²³

8.3. The Humane Slaughter Act

This Act requires that animals be stunned into unconsciousness before slaughter. The aim of the statute is to minimize pain for the animals.²⁴

Many birds, including chickens and turkeys, are not protected by this law.²⁵

8.4. The Preventing Animal Cruelty and Torture Act (PACT)

PACT became law in 2019 and applies to living non-human:

• mammals,
• birds,
• reptiles, and
• amphibians.

With respect to these animals, the law bans the intentional:

• crushing,
• burning,
• drowning,
• suffocating,
• impalement, or
• serious harming of them.²⁶

The law also prohibits “animal crush videos.” These videos include any:

• photographs,
• motion picture films,
• videos,
• digital recordings, or
• electronic images that depict animal cruelty.²⁷

9. How can I report animal abuse?

To report animal abuse, you should:

• dial 9-1-1, or
• call the police department, or
• contact their local animal control agency.

An animal protection agency is obligated to investigate any report of suspected animal cruelty.

You can also contact the Humane Society of the United States (a nonprofit organization). Click here for contact information.

Note that, in California, cases of misdemeanor animal cruelty must get reported within one year of the cruel act. If reported after this time, the D.A. cannot file charges of a crime.²⁸

Cases of felony animal cruelty must get reported within three years of the cruel act. If reported after this time, the D.A. cannot file charges of a crime.²⁹

To learn local regulations regarding animal vaccinations, veterinary care, and requirements to neuter or spay an animal, contact a local animal services agency.

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