TITLE 25

ANIMALS

CHAPTER 35

ANIMAL CARE

25-3504A.  torturing companion animals. (1) A person is guilty of the offense of torturing a companion animal if he tortures a companion animal as defined in this chapter.

(2)  A person convicted of torturing a companion animal shall be guilty of a misdemeanor, if it is the person’s first conviction under this section, and shall be punished according to section 25-3520A(1) or (2), Idaho Code.

(3)  A person convicted of a subsequent violation of torturing a companion animal shall be guilty of a felony and shall be punished under the provisions of section 25-3520A(3)(b), Idaho Code.

(4)  Notwithstanding subsection (2) of this section, a person convicted of torturing a companion animal for the first time, but who, within ten (10) years prior to the conviction, also has been convicted of a felony offense involving the voluntary infliction of bodily injury upon any human shall be guilty of a felony and shall be punished according to the provisions of section 25-3520A(3)(b), Idaho Code.

(5)  Before sentencing an individual convicted of a violation of this section, the court shall order and consider a presentence investigation that shall include a psychological evaluation of the defendant.

History:

[25-3504A, added 2016, ch. 190, sec. 2, p. 524.]