Am I allowed to leave my pet in a car in Nevada?

Posted on October 19, 2020

It depends on the circumstances. Leaving pets unattended in motor vehicles for short periods of time is probably lawful in Nevada. But if the weather is very hot or cold or if the conditions are dangerous, owners or sitters who leave dogs, cats, or other pets in cars will likely face animal cruelty charges.

Is there a Nevada law that prohibits leaving pets in automobiles?

State law has two statutes – NRS 574.190 and NRS 574.100 – that arguably forbid leaving pets in automobiles in dangerous conditions.

NRS 574.190 – entitled “Carrying animal in cruel manner” – states:

A person who carries or causes to be carried in or upon any vessel or vehicle or otherwise any animal in a cruel or inhuman manner, or so as to produce torture, is guilty of a misdemeanor.

NRS 574.100 – entitled “Torturing, overdriving, injuring or abandoning animals; failure to provide proper sustenances” – states:

A person shall not … [i]nstigate, engage in, or in any way further an act of cruelty to any animal, or any act tending to produce such cruelty[] or [a]bandon an animal.

“Torture” and “cruelty” are defined in Nevada under NRS 574.050 as:

[E]very act, omission or neglect, whereby unjustifiable physical pain, suffering or death is caused or permitted.

Examples of torture and cruelty may include leaving a dog, cat, or other animal unattended in an automobile during:

• extreme heat
• extreme cold
• in the path of a flash flood
• in the path of a tornado
• in a location with frequent gunfire
• any conditions where the pet owner or sitter deprives the animal of food, water, or other necessities for extended periods

It may be possible for defendants to fight animal cruelty charges by arguing that someone else put the animal in danger, or that the conditions did not rise to the level of cruelty or torture.

Leaving pets alone in cars in dangerous conditions may qualify as animal abuse in Nevada.

What are the penalties for leaving pets in a car?

It depends on the specific charge. Defendants convicted for cruelly carrying an animal under NRS 574.190 face misdemeanor penalties of:

• Up to 6 months in jail, and/or
• Up to $1,000 in fines

Meanwhile, defendants convicted of animal cruelty under NRS 574.100 face harsher penalties for each successive conviction in a seven-year period.

NRS 574.100 charge in Nevada	Animal cruelty sentence*
First offense in a seven-year time period	Misdemeanor: 2 days to 6 months in jail, 48 hours to 120 hours of community service, $200 to $1,000 in fines, and Restitution for the expense of treating, feeding, and impounding the animal, including veterinary bills The court may allow convicted defendants to serve jail in increments of at least four hours while the defendant is not working.
Second offense in a seven-year time period	Misdemeanor: 10 days to 6 months in jail, and 100 hours to 200 hours of community service, and $500 to $1,000 in fines, and Restitution for the expense of treating, feeding, and housing the animal, including veterinary bills
Third or subsequent offense in a seven-year time period	Category C felony: 1 year to 5 years in Nevada State Prison, and Up to $10,000 in fines (at the judge’s discretion), and Restitution for the expense of treating, feeding, and housing the animal, including veterinary bills
*Depending on the case, defendants may also have to forfeit their animal. When determining the punishment, judges take into account the animal’s condition.

What happened to NRS 574.195?

In 2017 the Nevada Legislature repealed NRS 574.195, which made it a misdemeanor to leave dogs and cats unattended in motor vehicles during very hot or cold weather or other conditions that endangered the animal’s safety and health. The statute did not specify whether the vehicle had to be parked or turned off. The statute also made exceptions for hunting dogs during hunting season, or if the dog was undergoing training exercises or field trials.

As discussed above, people suspected of leaving their dog or cat unattended in a car during dangerous conditions can still face criminal charges. But the offense would be either 1) animal cruelty or 2) carrying an animal in a cruel manner.

Call our law firm for help. We offer free consultations.

Also read our articles, “Is dog-fighting is illegal in Nevada?” and “Can I go to jail for killing a pet in Nevada?“

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.