NRS § 574.100 – Animal Abuse – Nevada Law & Penalties

Nevada Revised Statute § 574.100 makes it a crime to engage in animal cruelty and abuse. A first-time offense is typically a misdemeanor punishable by up to six months in jail, up to 120 hours of community service, and up to $1,000 in fines.

Here are five key things to know:

1. Unjustifiably mutilating or killing a companion animal such as a cat or dog is a felony, carrying prison time and thousands in fines.
2. Law enforcement may impound abused animals and eventually put them down.
3. Potential defenses to animal cruelty charges are self-defense, lack of criminal intent, or an unlawful police search.
4. In some circumstances, non-U.S. citizens convicted of animal cruelty could get deported.
5. Most animal cruelty convictions can be sealed from your criminal record within 2 years or less.

In this article, our Las Vegas criminal defense attorneys discuss Nevada’s fifteen different animal cruelty laws. Click below on a specific crime to learn its definition and penalties:

• 1. Overdriving, torturing, injuring, or abandoning animals
• 2. Poisoning animals
• 3. Animal fights (including dog-fighting and cock-fighting)
• 4. Using or profiting from a venue used for animal fights
• 5. Mistreatment of police animals
• 6. Mistreatment of show dogs
• 7. Abandoning a disabled animal
• 8. Not providing proper air, food, shelter, or water to an impounded animal
• 9. Selling or exposing a diseased animal
• 10. Sale of disabled horses
• 11. Throwing substances injurious to animals in public places
• 12. Mistreating a milk-producing animal
• 13. Running horses on a highway
• 14. Carrying animals in a cruel manner
• 15. Leaving animals in vehicles during inclement weather
• How to report animal abuse
• Additional resources

Also, see our article about Nevada bestiality laws.

1. Overdriving, torturing, injuring, or abandoning animals

Nevada law prohibits animal torture, neglect, and endangerment. Nevada law also regulates dog restraints and outdoor enclosures. Note that these laws do not apply with respect to an accidental injury or death of an animal that occurs in the normal course of operating a ranch or carrying out a rodeo or livestock show.

1.1. Animal abuse

It is illegal in Nevada to torture or unjustifiably maim, mutilate, or kill any cat or any dog or any animal kept for companionship or pleasure, whether belonging to the person or to another. With regard to all animals including dogs, it is a crime either to:

• overdrive, overload, torture, cruelly beat or unjustifiably injure, maim, mutilate, or kill an animal, whether belonging to the defendant or to another,
• deprive an animal of necessary sustenance, food or drink, or neglect or refuse to furnish it such sustenance or drink,
• cause, procure, or allow an animal to be overdriven, overloaded, tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or killed, or to be deprived of necessary food or drink,
• instigate, engage in, or in any way further an act of cruelty to any animal, or any act tending to produce such cruelty, or
• abandon an animal in circumstances other than those prohibited by NRS 574.110 (to read about this exception scroll down to section 7)

Note it is considered animal abuse if the defendant merely “allows” for the animal to endure torture. It is not necessary for the defendant to physically inflict the torture him/herself to be prosecuted.

In Las Vegas, it is a municipal crime to tether a pet outside:

• For more than 10 hours during a 24-hour period, or
• For any amount of time if the National Weather Service has issued a heat advisory.

And if the temperature reaches 105 degrees, pet owners must use cooling mechanisms like misting systems or portable air conditioners.¹

1.2. Dog restraints and enclosures

With regard to dogs, it is a crime in Nevada to restrain a dog for more than ten (10) hours during a twenty-four (24) hour period. It is also illegal to restrain a dog by either:

• using a prong, pinch, or choke collar or similar restraint, or
• using a tether, chain, tie, trolley or pulley system, or other device that:
  1. is less than twelve (12) feet in length, or
  2. fails to allow the dog to move at least twelve (12) feet or,
  3. allows the dog to reach a fence or other object that may cause the dog to become injured, entangled, or to die by strangulation after jumping the fence or object

Nevada law further mandates that any pen or outdoor enclosure used to maintain a dog be appropriate for the dog’s size and breed. If the property is too small to comply with the above restraint requirements, a dog may be maintained unrestrained in a pen or other outdoor enclosure. Note that these restraint and enclosure requirements do not apply to a dog that is either:

• tethered, chained, tied, restrained, or placed in a pen or enclosure by a veterinarian during the course of the veterinarian’s practice,
• being used lawfully to hunt a species of wildlife in Nevada during the hunting season for that species,
• receiving training to hunt a species of wildlife in Nevada,
• in attendance at and participating in an exhibition, show, contest, or other event in which the skill, breeding, or stamina of the dog is judged or examined,
• being kept in a shelter or boarding facility or temporarily in a camping area,
• temporarily being cared for as part of a rescue operation or in any other manner in conjunction with a bona fide nonprofit organization formed for animal welfare purposes,
• living on land that is directly related to an active agricultural operation, if the restraint is reasonably necessary to ensure the safety of the dog (“agricultural operation” means any activity that is necessary for the commercial growing and harvesting of crops or the raising of livestock or poultry), or
• with a person having custody or control of the dog, if the person is engaged in a temporary task or activity with the dog for not more than one (1) hour.

Also, note that dog retailers, dealers, and operators are required to follow additional laws regarding dog handling that may differ from the above.²

1.3. Penalties

The punishment for unjustifiably maiming, mutilating, or killing any cat or any dog or any animal kept for companionship or pleasure (whether belonging to the defendant or not) depends on the defendant’s state of mind:

• If the act is committed in order to threaten, intimidate, or terrorize another person, it is a category C felony in Nevada carrying one to five (1 – 5) years in prison and up to $10,000 in fines.
• If the act is committed willfully and maliciously, it is a category D felony carrying one to four (1 – 4) years in prison and up to $5,000 in fines.

Otherwise, the punishment for a first-time offense is a misdemeanor, and the penalties get harsher with each successive offense within a seven (7)-year period. And depending on the circumstances the defendant may be ordered to surrender ownership or possession of the allegedly mistreated animal:

A first offense of animal cruelty within the preceding seven (7) years is prosecuted as a misdemeanor in Nevada carrying:

• two (2) days to six (6) months in Clark County Detention Center (or another county jail), and
• 48 to 120 hours of community service, and
• $200 to $1,000 in fines, and
• restitution for all costs associated with the care and impoundment of any mistreated animal including money expended for veterinary treatment, feed, and housing

Note that any jail time may be served intermittently at the discretion of the judge. However, each period of confinement must be no less than four (4) consecutive hours and must occur either at a time when the defendant is not required to be at the place of employment or on a weekend.

A second offense of animal cruelty within a seven (7)-year period is also a misdemeanor in Nevada. The sentence is increased to:

• Ten (10) days to six (6) months in Clark County Detention Center (or another county jail), and
• 100 hours to 200 hours of community service, and
• $500 to $1,000 in fines, and
• restitution for all expenses for the care and impoundment of the mistreated animal such veterinary services, food, and shelter

Finally, a third or subsequent offense of animal cruelty within a seven (7) year span is prosecuted as a category C felony. The punishment includes:

• one to five (1 – 5) years in prison, and
• maybe up to $10,000 in fines, and
• restitution for the expense of treating, feeding, and housing the mistreated animal

When determining the punishment, the judge takes into account several factors including the condition of the animal. Predictably the sentence will probably be more severe if the animal died or sustained an injury.

In Las Vegas, people convicted of mistreating animals may be prohibited from having pets for up to four years. And if the pet died, it is up to five years.³

See our related article, Is animal abuse a felony in Nevada?

1.4. Related crimes: Bestiality & Dog Racing as a Gaming Activity

Bestiality (NRS 201.455) occurs when a person intentionally performs sex acts on a non-human animal, helps another person perform those sex acts, or photographs those sex acts.

Nevada child pornography laws make it a felony to depict children engaging in sexual acts with animals.

Dog racing is not considered animal cruelty in Nevada unless the circumstances are abusive. However, it is a misdemeanor to gamble on dog racing or to run dog racing for gaming purposes. Learn more at our article on dog racing as a gaming activity.⁴

2. Poisoning animals

The punishment for poisoning an animal in Nevada turns on the type of animal. Note that it is immaterial whether the animal belongs to the defendant. Also, note that this law does not prohibit killing noxious animals.

2.1. Horses, mules, or domestic cattle

It is a category C felony either to:

• unjustifiably administer any poisonous or noxious drug or substance to a horse, mule, or domestic cattle, or
• unjustifiably expose any poisonous or noxious drug or substance with the intent that it be taken by a horse, mule, or domestic cattle

The punishment may include:

• one to five (1 – 5) years in prison, and
• maybe up to $10,000 in fines, and
• restitution

2.2. Animals other than horses, mules, or domestic cattle

It is a gross misdemeanor in Nevada either to:

• unjustifiably administer any poisonous or noxious drug or substance to the animal, or
• unjustifiably expose any poisonous or noxious drug or substance with the intent that it be taken by the animal

Upon conviction, the judge may order a sentence of:

• up to 364 days in jail and/or up to $2,000 in fines, and
• restitution⁵

3. Animal fights (including dog-fighting and cock-fighting)

Nevada prohibits three separate behaviors related to animal-fighting:

1. running an animal fight,
2. keeping, training, or selling a fight animal, and
3. watching an animal fight

Each of these offenses carries different penalties. Note that these laws do not prohibit dog- or bird-use for lawful hunting or the management of livestock:

3.1. Running or assisting an animal fight

It is illegal to begin, cause, instigate, promote, carry on, assist, umpire, or in any way aid in furthering an animal fight. Animal fighting is still unlawful even if no one placed bets on the fight. The punishment depends on if the animal was a dog or not:

3.1.1. Dog fighting penalties

The sentence for causing or assisting a dogfight becomes harsher with each successive conviction. A first offense is a category D felony in Nevada carrying:

• one to four (1 – 4) years in prison, and
• maybe up to $5,000 in fines

A second offense is a category C felony carrying a sentence of:

• one to five (1 – 5) years in prison, and
• maybe up to $10,000 in fines

A third or subsequent offense is a category B felony carrying a sentence of one to six (1 – 6) years in prison.

3.1.2. Animal fighting penalties not including dogs

The penalties for participating in a non-dog animal fight also increase with each successive conviction. Note that these penalties would apply to cock-fighting.

A first offense of animal fighting is a category E felony. Category E felony convictions carry probation and a suspended sentence, with a possible jail sentence of up to 1 year. (But if the defendant has two or more prior felony convictions, the court may order one to four years of Nevada State Prison and a maximum of $5,000 in fines.)

A subsequent offense is a category D felony carrying:

• one to four (1 – 4) years in prison, and
• maybe up to $5,000 in fines

3.2. Keeping, training, selling, or buying fight animals

It is a crime in Nevada either to:

• own, possess, keep, train, promote, or purchase an animal with the intent to use it to fight another animal, or
• sell an animal knowing that it is intended to be used to fight another animal

The penalty the judge imposes will depend on whether the defendant has any previous convictions for keeping, training, purchasing, or selling a fight animal.

A first offense is a category E felony. This carries probation and a suspended sentence, with a possible jail sentence of up to 1 year. (But if the defendant has two or more prior felony convictions, the court may order one to four years of Nevada State Prison and a maximum of $5,000 in fines.)

A subsequent offense is a category D felony carrying:

• one to four (1 – 4) years in prison, and
• maybe up to $5,000 in fines

3.3. Watching an animal fight

Nevada prohibits people from knowingly witnessing any fight between animals in an exhibition or for amusement or gain. Note that it does not matter whether any money is riding on the fight. Merely being a spectator to the fight is a criminal act in Nevada.

A first offense of knowingly watching an animal fight is a gross misdemeanor with a sentence of:

• up to 364 days in jail, and/or
• up to $2,000 in fines

A successive conviction is a category E felony. This carries probation and a suspended sentence, with a possible jail sentence of up to 1 year. (But if the defendant has two or more prior felony convictions, the court may order one to four years of Nevada State Prison and a maximum of $5,000 in fines.)

Go to our informational article on Nevada dog-fighting laws.⁶

4. Using or profiting from a venue used for animal fights

Nevada law prohibits people from using, keeping, managing, or receiving admission money for a venue used for animal fighting. It is also illegal to own or occupy a venue while willfully permitting it to be used for an animal fight. Note that the venue may be any kind of location indoors or outdoors such as a house, apartment, or pit.

A first offense of this crime is a gross misdemeanor carrying:

• up to 364 days in jail, and/or
• up to $2,000 in fines

A second offense is a category E felony. This carries probation and a suspended sentence, with a possible jail sentence of up to 1 year. (But if the defendant has two or more prior felony convictions, the court may order one to four years of Nevada State Prison and a maximum of $5,000 in fines.)

A third or subsequent offense is a category D felony carrying:

• one to four (1 – 4) years in prison, and
• maybe up to $5,000 in fines⁷

5. Mistreatment of police animals

Nevada law prohibits the willful and malicious mistreatment of police department animals including:

• taunting, tormenting, teasing, beating, striking, or administering a desensitizing drug, chemical, or substance to a police animal, or
• interfering with a police animal or a handler in the performance of duties assigned to the police animal or handler, or
• torturing, mutilating, injuring, poisoning, disabling, or killing a police animal

Mistreating a police animal without totally disabling or killing it is a category D felony. The penalty includes:

• one to four (1 – 4) years in prison, and
• maybe up to $5,000 in fines, and
• up to $10,000 in additional fines if the mistreatment involved torturing, mutilating, injuring, or poisoning

Mistreating a police animal that results in total disabling or death is a category C felony carrying:

• one to five (1 – 5) years in prison, and
• maybe up to $10,000 in fines, and
• maybe restitution to the agency that owns the animal including veterinary services and the cost of replacing the animal

Note that it is legal for a licensed euthanasia technician, a peace officer, or a veterinarian to euthanize a police animal in an emergency. The only condition is that the police animal is critically wounded and would otherwise endure undue suffering and pain.⁸

6. Mistreatment of show dogs

Nevada has three separate animal cruelty laws regarding treatment of dogs and dog shows. The first law prohibits people from willfully, unjustifiably, and maliciously tampering or interfering with a show dog. This offense carries category D felony penalties of:

• one to four (1 – 4) years in prison, and
• maybe up to $5,000 in fines

The second law prohibits people from willfully and unjustifiably abusing or injuring a show dog. Prosecutors charge this offense as a category D felony carrying:

• one to four (1 – 4) years in prison, and
• maybe up to $5,000 in fines, and
• maybe an additional fine of up to $10,000

The final law prohibits people from willfully and unjustifiably killing a show dog. This is a category C penalty with a sentence of:

• one to five (1 – 5) years in prison, and
• maybe up to $10,000 in fines

Note that these three laws only apply when the dog belongs to someone other than the defendant. (Dog shows are an exhibition, contest, or other event that judges or examines the dogs’ skill, breeding, or stamina.)⁹

7. Abandoning a disabled animal

Nevada animal abuse laws make it a misdemeanor for an owner, possessor, or custodian of a maimed, diseased, disabled, or infirm animal either to:

• abandon the animal, or
• leave the animal to die in a public street, road, or place, or
• allow it to lie in a public street, road, or place more than three (3) hours after receiving notice that the animal has been lying there disabled

The punishment for abandoning a disabled animal includes:

• up to six (6) months in jail and/or
• up to $1,000 in fines.

The defendant may also be responsible for any expenses the police incur to take care of the animal and any property the police seize (such as a car the animal was in). Law enforcement may also put down the animal after receiving the owner’s written consent or the approval of two reputable citizens that the police call upon to view the animal’s condition.¹⁰

8. Not providing proper air, food, shelter, or water to an impounded animal

It is illegal in Nevada to impound or confine an animal and then to refuse or neglect to supply it with sufficient good and wholesome air, food, shelter, and water. Penalties for breaking this animal cruelty law get more extreme with each conviction. The defendant may also have to pay restitution for animal care.

A first offense within a seven (7)-year time-span is a misdemeanor carrying:

• two (2) days to six (6) months in jail, and
• 48 hours to 120 hours of community service, and
• $200 to $1,000 in fines.

The judge may permit the defendant to serve any incarceration sentence intermittently so that he/she may remain employed. Meanwhile, a second offense within a seven (7)-year time-span is a misdemeanor as well. This sentence carries:

• Ten (10) days to six (6) months in jail, and
• 100 hours to 200 hours of community service, and
• $500 to $1,000 in fines.

Finally, a third or subsequent offense within a seven (7)-year time-span is a category C felony carrying:

• one to five (1 – 5) years in prison, and
• maybe up to $10,000 in fines¹¹

9. Selling or exposing a diseased animal

It is a misdemeanor to willfully use, expose, permit to be sold, sell, or offer to sell any animal infected with glanders, farcy, or other contagious or infectious diseases dangerous to humans or animals. It is also a misdemeanor to refuse to kill an animal infected with such a dangerous disease. The penalty includes:

• up to six (6) months in jail, and/or
• up to $1,000 in fines¹²

10. Sale of disabled horses

It is unlawful to sell a diseased horse. The misdemeanor penalty carries a sentence of:

• up to six (6) months in jail, and/or
• up to $1,000 in fines¹³

11. Throwing substances injurious to animals in public places

It is a misdemeanor when someone willfully throws, drops, or places (or causes to be thrown, dropped, or placed) upon any road, highway, street, or public place any of the following:

• glass,
• nails,
• pieces of metal, or
• other substances which might wound, disable, or injure any animal.

The judge may order a sentence of:

• up to six (6) months in jail, and/or
• up to $1,000 in fines¹⁴

12. Mistreating a milk-producing animal

It is a misdemeanor for a person who keeps a cow or any animal for the production of milk to do any of the following:

• to keep the animal in a crowded or unhealthy place,
• to keep the animal in a diseased condition,
• to feed the animal food that produces impure or unwholesome milk

The penalty is:

• up to six (6) months in jail, and/or
• up to $1,000 in fines¹⁵

13. Running horses on a highway

A person who unjustifiably causes a horse to draw a vehicle upon any plank road, turnpike, or public highway may be prosecuted for a misdemeanor. The penalty is:

• up to six (6) months in jail, and/or
• up to $1,000 in fines¹⁶

14. Carrying animals in a cruel manner

A person who carries (or causes to be carried) an animal in any vessel or vehicle in a cruel or inhuman manner, or so as to produce torture, faces misdemeanor charges. A Nevada judge may sentence the defendant to:

• up to six (6) months in jail, and/or
• up to $1,000 in fines¹⁷

How to report animal abuse

To report animal abuse in Nevada, call the local animal control agency:

Nevada location	Animal Control Center phone number
Clark County	702-455-7710
Las Vegas Valley	702-229-6444
Henderson	702-267-4970
North Las Vegas	702-633-9111
Boulder City	702-293-9283
Washoe County	775-322-3647
Nye County	775-322-3647
Other	Call 311 for information

People reporting abuse should try to provide the following information:

• The location of the animal
• The animals’ owner
• Any photographs or videos of the abuse
• The nature of the abuse, and when it took place

Additional Resources

• Las Vegas, NV Valley Humane Society at 702-434-2009
• Las Vegas Animal Control at 702-229-6444
• Animal Foundation Animal Shelter at 702-384-3333
• Nevada Humane Society in Reno at 775-856-2000
• Nevada Society for Prevention of Cruelty to Animals