(d) Nothing in this section may be considered to prohibit accepted animal husbandry practices or accepted veterinary medical practices. Tennessee laws from 1858 concerning the hunting of game, poisoning of fish, and the use of fire to hunt. Animal Cruelty is getting more strict in the state of Tennessee. This section shall only apply if a person's conviction for a violent felony occurs on or after July 1, 2010. A person affected by conduct in violation of this section may seek an injunction or recover damages, including punitive damages. Observation; confinement or quarantine. Conviction includes a disposition of pretrial diversion under § 40-15-105, a disposition of judicial diversion under § 40-35-313, or the equivalent dispositions from other jurisdictions; (6) “Director” means the director of the TBI; and. Director Sandy Behnke has been there since 8 a.m. (a) A person commits an offense who knowingly: (1) Engages in any sexual activity with an animal; (2) Causes, aids, or abets another person to engage in any sexual activity with an animal; (3) Permits any sexual activity with an animal to be conducted on any premises under his or her charge or control; (4) Engages in, organizes, promotes, conducts, advertises, aids, abets, participates in as an observer, or performs any service in the furtherance of an act involving any sexual activity with an animal for a commercial or recreational purpose; or. (4) "Minor" means any person under eighteen (18) years of age. (c)(1) Except for any offense involving a cock, an offense under subdivisions (a)(1)-(3) is a Class E felony. Further, the act requires commercial breeders to keep on file at all times the number of dogs and cats in their possession and how many were sold during the reporting period. July 1, 2008; 2015 Pub.Acts, c. 409, § 1, eff. Burden of proof; expert witnesses. Tennessee Animal Cruelty Laws Need To Change. (d) Aggravated cruelty to animals is a Class E felony. In Tennessee, the vast majority of farmers and livestock owners consider the welfare of their animals to be a top priority. (e) If the court has reasonable grounds to believe that a violation of this section has occurred, the court may order the seizure of all animals involved in the alleged violation as a condition of bond of a person charged with a violation. 1989 Pub.Acts, c. 591, § 1; 1991 Pub.Acts, c. 223, § 1; 1992 Pub.Acts, c. 840, § 1; 1997 Pub.Acts, c. 90, § 4, eff. (2) It is an offense for a person other than a law enforcement officer acting with probable cause to knowingly interfere with the performance of any agricultural practices permitted by subdivision (f)(1). Among the provisions include licensing requirements for companion animal dealers, laws concerning damage done by dogs, and the Tennessee Spay/Neuter Law. Computer-Assisted Hunting from Remote Locations. 2012 Pub.Acts, c. 1084, § 1, eff. Intentional killing; police dogs; justifiable killing, § 39-14-206. (4) The name of the person who released the cremated animal remains to the person identified in subdivision (c)(3). Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. Part 2. TN - Initiative - Tennessee Hunting Rights Amendment (2010). (c) It is an offense to recklessly maim or otherwise inflict harm upon a service animal or permit an animal that the person owns or is in the immediate control of to maim or otherwise inflict harm upon a service animal. Nothing in this subsection (b) shall affect the right of action of the veterinarian or furnisher of goods or services against the person or persons with whom such veterinarian or furnisher of goods or services contracted for payment of charges. (3) "Sexual activity" means physical sexual contact between the person and the animal. July 1, 1997; 2016 Pub.Acts, c. 740, § 1, eff. (d) The requirements of this section shall not apply to veterinarians licensed to practice in this state in accordance with title 63, chapter 12, part 1. So to make a long story short my sister in law moved in with me and refused to leave her cat behind. The statute also describes the amount of time that an employee may have to make a report and ensures the confidentiality of the employee. Trust for care of animal. (2) If an unlawful act resulted in the death or permanent disability of a person's guide dog, then the value of the guide dog shall include, but shall not necessarily be limited to, both the cost of the guide dog as well as the cost of any specialized training the guide dog received. Further, in no instance shall the animal be placed in the care, custody, or control of the respondent, but shall instead be placed in the care, custody or control of the petitioner or in an appropriate animal foster situation. NWSPCA has written reforms to the Animal Cruelty Laws and Submitted them to Representative Mark Maddox to be put into a bill. April 16, 2010; 2017 Pub.Acts, c. 206, § 2, eff. Transportation. (B) Taking reasonable steps to locate the owner of such animal includes: (i) Attempting to contact the owner using any notification information located on the animal's identification tag, collar, or chip within forty-eight (48) hours of the time that the person takes custody of the animal or, if the animal is taken into custody on a Friday, within two (2) business days of the date that the person takes custody of the animal; and. (B) A violation of subdivision (a)(1)(A) is theft of property, graded according to the value of the animal, and punished in accordance with § 39-14-105. In Tennessee it is more about "negligence and education" than profit. Ferrets, certain livestock, hybrid animals and other animals may be vaccinated for rabies if a vaccine is legally available for that species. As used in this part, unless the context otherwise requires: (1) "Animal" means a domesticated living creature or a wild creature previously captured; (2) "Livestock" means all equine as well as animals which are being raised primarily for use as food or fiber for human utilization or consumption including, but not limited to, cattle, sheep, swine, goats, and poultry; (3) "Non-livestock animal" means a pet normally maintained in or near the household or households of its owner or owners, other domesticated animal, previously captured wildlife, an exotic animal, or any other pet, including but not limited to, pet rabbits, a pet chick, duck, or pot bellied pig that is not classified as "livestock" pursuant to this part; and. The law establishes the punishment for the above mentioned offenses. Animal shelters are overpopulated. If the posting of security is ordered pursuant to this subsection (g), then the governmental animal control agency, law enforcement agency, or their designee may draw from the security the actual costs incurred in caring and providing for the seized animal pending disposition of criminal charges. (D) The amount of security shall be determined by the court after taking into consideration all of the facts and circumstances of the case. (e)(1) A violation of subsection (b) or (c) is a Class A misdemeanor. Part 2. Grundy County deputies on Monday helped rescue more than 200 dogs from a woman’s home. Liens and incumbrances. July 1, 2019; 2020 Pub.Acts, c. 570, § 1, eff. 39-14-201 et seq. (f)(1) For purposes of this section, “cock fighting paraphernalia” means gaffs, slashers, heels, or any other sharp implement designed to be attached in place of the natural spur of a cock or game fowl. § 63-12-201 - 204. By statute, it is unlawful for any person to take, attempt to take, possess, transport, export, process, sell or offer for sale or ship nongame wildlife, or for any common or contract carrier knowingly to transport or receive for shipment nongame wildlife. Equine Activities--Liability. (a) Beginning January 1, 2016, the TBI shall post a publicly accessible list on its web site of any person convicted of an animal abuse offense on and after that date. (3) No animal shall be deemed to have been abandoned and forfeited to the governmental animal control agency, law enforcement agency, or their designee until reasonable attempts to determine and notify the owner have been made. If the court determines that psychiatric or psychological treatment is appropriate for that juvenile, then the court may order that treatment. (a) A person commits an offense who intentionally or knowingly: (1) Tortures, maims or grossly overworks an animal; (2) Fails unreasonably to provide necessary food, water, care or shelter for an animal in the person's custody; (3) Abandons unreasonably an animal in the person's custody; July 1, 2007; 2020 Pub.Acts, c. 570, § 3, eff. July 1, 1997; 2004 Pub.Acts, c. 940, § 6, eff. A person commits the offense of cruelty to animals (a Class A misdemeanor) if he or she intentionally or knowingly tortures, maims or grossly overworks an animal; fails unreasonably to provide necessary food, water, care or shelter for an animal in the person's custody; abandons unreasonably an animal in the person's custody; transports or confines an animal in a cruel manner; or inflicts burns, cuts, lacerations, or other injuries or pain. (2) Restitution, for purposes of this section, includes: (A) The value of the service animal if the animal is disabled or can no longer perform service animal duties; (B) Replacement and training or retraining expenses of the service animal or handler if necessary to restore the animal to service animal capabilities; (C) Veterinary and other medical and boarding expenses for the service animal; (D) Medical expenses for the handler; and. TN - Veterinary - Chapter 12. If the animal bears any notification information on an identification tag or collar, or on a chip, if the agent or officer of the society has the use of a chip reader, the reasonable effort to locate and notify the animal's owners must be made within forty-eight (48) hours of the time that the society takes custody of the animal or, if the animal is taken into custody on a Friday, within two (2) business days of the date that the society takes custody of the animal. (d) An animal control agency or an employee of an animal control agency acting within the scope of such employment, who, in good faith, takes into its custody and cares for a stray or abandoned non-livestock animal, or a non-livestock animal running at large for which reasonable steps to locate the owner of such animal are taken, that has been delivered to such agency or employee by an individual or group of individuals not affiliated with the agency, shall not be subject to civil liability for its care of such animal if the agency or employee's actions do not constitute malice, gross negligence or criminal misconduct. Computer-assisted remote hunting is defined as "the use of a computer or any other device, equipment or software, to control remotely the aiming and discharge of a rifle, shotgun, handgun, bow and arrow, cross-bow or any other implement to hunt wildlife.". (7) “Stray animal” means that a non-livestock animal is roaming with no physical restraint without an identification tag, collar, or chip and that has no record of ownership. State of Tennessee. TN - Vehicle - § 29-34-209. This chapter operates similarly to equine activity liability laws and provides that a bovine owner shall not be liable for any injury, loss, damage, or death of a person resulting from the inherent risks of bovine activities. (5) Photographs or films, for purposes of sexual gratification, a person engaged in a sexual activity with an animal. Such person shall not be liable to any action for such entry, and the reasonable cost of such food and water may be collected from the owner or keeper of the animal. The animal shall not be exempt from levy and sale upon execution issued upon a judgment therefor. (c) Any agent or officer of a society may lawfully destroy, or cause to be destroyed, any animal found abandoned or otherwise: (1) Which is not properly cared for, appearing, in the judgment of two (2) reputable citizens, who are experts, called to view the same in the agent's or officer's presence, to be glandered, injured or diseased past humane recovery; or. Unthinkable acts against animals are said to be the gateway to even more serious crimes. Criminal Offenses. In determining the value of the guide dog for purposes of § 39- 14-105, the court shall consider the value of the guide dog as both the cost of the dog as well as the cost of any specialized training the guide dog received. (3) Permit an animal that the person owns or is in the immediate control of to maim or otherwise inflict harm upon a service animal. The Tennessee Animal Abuser Registration Act was signed into law this past spring. (1) Own, possess, keep, use or train any bull, bear, dog, cock, swine or other animal, for the purpose of fighting, baiting or injuring another such animal, for amusement, sport or gain; (2) Cause, for amusement, sport or gain, any animal referenced in subdivision (a)(1) to fight, bait or injure another animal, or each other; (3) Permit any acts stated in subdivisions (a)(1) and (2) to be done on any premises under the person's charge or control, or aid or abet those acts; (4) Be knowingly present, as a spectator, at any place or building where preparations are being made for an exhibition for the fighting, baiting or injuring of any animal, with the intent to be present at the exhibition, fighting, baiting or injuring; (5) Knowingly cause a person under eighteen (18) years of age to attend an animal fight; or. July 1, 2007. In addition, a jury may assess a fine not to exceed $3,000. This Tennessee statute outlines the broad police power counties have with respect to dog and cats. (a) The agents of any society which is incorporated for the prevention of cruelty to animals, upon being appointed thereto by the president of such a society in any county, may, within that county, make arrests, and bring before any court thereof offenders found violating this part with regard to non-livestock animals. This Tennessee statute requires employees of child or adult protective service agencies to report animal cruelty, abuse, or neglect that they know or reasonably suspect to have occurred in their county. Title 40. Violation is a Class C misdemeanor. (f) In addition to the penalty imposed by subsection (j), the defendant may be held liable to: (1) The owner of the livestock animal for damages; and. (1) Maim or otherwise inflict harm upon a service animal; (2) Attempt to maim or otherwise inflict harm upon a service animal; or. Under Tennessee's Domestic Abuse Act, the definition section states that "abuse" includes inflicting, or attempting to inflict, physical injury on any animal owned, possessed, leased, kept, or held by an adult or minor. Tennessee Animal Cruelty laws. July 1, 2007; 2015 Pub.Acts, c. 406, §§ 1 to 3, eff. (g) If the violation of this section involves a guide dog and the offense results in injury to the dog that permanently deprives the owner of the use of the guide dog's services, nothing in this section shall preclude prosecution and conviction for such conduct under § 39-14-208. Tennessee State Animal Cruelty Laws are the worst in the Nation and the Judicial System in Tennessee because of these weak and vague laws too many perpetrators of Cruelty to Animals go unpunished or get dismissed. Wildlife Regulation and Protection. This Tennessee chapter relates to the private possession of wildlife. Remedies and Special Proceedings. Updated as of September 14, 2014 1 TENNESSEE ANIMAL CRUELTY LAWS. The receipt shall indicate: (3) The name of the person to whom the cremated animal remains were released; and. This act stipulates that an equine sponsor or equine professional, or any other person, including corporations and partnerships, are immune from liability for the death or injury of a participant, which resulted from the inherent risks of equine activities. Custody shall be given to a humane society incorporated under the laws of this state. The voluntary relinquishment has no effect on the outcome of the criminal charges. (e) Failure to provide a receipt as required by subsections (b) or (c) is a Class E felony. Clerks wishing to submit qualifying judgments should mail them to: Tennessee Animal Abuse Registry C/O Professional Standards Unit Tennessee Bureau of Investigation 901 R.S. 1989 Pub.Acts, c. 591, § 1; 1997 Pub.Acts, c. 90, § 1, eff. Here is a list of laws, which was released by the State of Tennessee Senate Republican Caucus, that went into effect July 1, 2020. 39-14-202. Many law schools now offer specific courses on the subject, all 50 states have animal cruelty felony provisions (most of felony provisions are for malicious, willful, or aggravated animal cruelty (language varies from state to state) when only four had such penalties in 1986, and the FBI just this year started collecting data on arrests for animal cruelty, which was previously lumped … (d)(1) Upon a person's first conviction for an animal abuse offense, the TBI shall maintain the person's name and other identifying information, described in subsection (b), on the list published under subsection (a) for two (2) years following the date of conviction, after which time the TBI shall remove the person's name and identifying information from the list; provided, that the person is not convicted of another animal abuse offense during that two-year period. Consequences of Animal Fighting or being a Spectator at an Animal Fight in Tennessee Animal fighting is a Class E felony, except for cock fighting which is a Class A misdemeanor. It provides that counties, by resolution of their respective legislative bodies, may license and regulate dogs and cats, establish and operate shelters and other animal control facilities, and regulate, capture, impound and dispose of stray dogs, stray cats and other stray animals. TN - Cruelty, reporting - Part 4. Other offenses include destruction of property, including freeing of animals located there, or entering an animal facility with the intent to disrupt or damage the enterprise or its property. "There are going to be consequences" to harming animals in Tennessee," said state Rep. Darren Jernigan (D) , the bill's sponsor in the House. § 39-14-208, 212, 216; § 39-16-304; § 44-17-403, 404; § 55-8-180; § 62-7-112; § 66-7-104, 106; 111; § 66-28-505. However, if the person from whom the animal was seized is not the owner of the animal and the person has not posted the court-ordered security within fifteen (15) days, the court shall order the governmental animal control agency, law enforcement agency, or their designee to make all reasonable efforts to determine who the owner of the animal is and to notify the owner of the pending proceeding. This Tennessee law makes it an offense for a person to display, exhibit, handle, or use a poisonous or dangerous snake or reptile in a manner that endangers the life or health of any person. July 1, 2015; 2019 Pub.Acts, c. 164, §§ 1 to 3, eff. This statute grants a person who forcibly breaks into a motor vehicle to save a minor or animal immunity from civil liability. July 1, 2010. (C) Reasonable expenses include, but are not necessarily limited to, the estimated costs of veterinary care and treatment for the animal as well as the estimated costs of boarding and otherwise caring for the animal. (2)(A) In determining the value of a police dog, fire dog, search and rescue dog, service animal or police horse under § 39-14-105, the court shall consider the value of the police dog, fire dog, search and rescue dog, service animal or police horse as both the cost of the animal and any specialized training the animal received. The law makes it a Class C misdemeanor to interfere with the lawful taking of a wild animal by another with the intent to prevent the taking; disturb or engage in an activity that will tend to disturb a wild animal, with the intent to prevent the lawful taking; disturb a person engaged in lawful hunting with the intent to prevent the taking; enter or remain on land with intent to violate this section; fail to obey a peace officer's orders to desist from conduct in violation of this section; or use a drone with the intent to conduct video surveillance of private citizens who are lawfully hunting or fishing without obtaining the written consent of the persons being surveilled. (ii)(a) Providing notice to an appropriate animal shelter, dog pound, animal control agency or humane shelter operated by the municipality, county, or other governmental agency located where the person resides that the animal is in the custody of the person. (f) The TBI shall remove the person's name and identifying information from the registry list if the sole offense for which the person is required to be subject to the mandates of the registry is expunged, pursuant to § 40-32-101. July 1, 2007; 2007 Pub.Acts, c. 555, § 1, eff. Offenses Against Property. (6) Possess, own, buy, sell, transfer, or manufacture cock fighting paraphernalia with the intent that the paraphernalia be used in promoting, facilitating, training for, or furthering cock fighting. It can also help you understand what kinds of cases we may and may not be able to prosecute. If you see any animals being abused or neglected or left outside in the cold without shelter, food or water please call your animal control in you area. T. C. A. Veterinarians. This set of Tennessee laws prohibits computer-assisted remote hunting or providing or operating facilities for computer-assisted remote hunting if the wildlife being hunted is located in this state. A violation is a Class B misdemeanor if the damage is less than $500 or the person illegally enters the facility with intent to damage it. (a) A person commits an offense who intentionally or knowingly: (1) Tortures, maims or grossly overworks an animal; (2) Fails unreasonably to provide necessary food, water, care or shelter for an animal in the person's custody; (3) Abandons unreasonably an animal in the person's custody; (4) Transports or confines an animal in a cruel manner; or. (2) The impounding officer or agency for all costs of impoundment from the time of seizure to the time of proper disposition of the case. (3) For purposes of a service animal as defined under subdivision (a)(1)(A), the work or tasks performed by the service animal must be directly related to the handler's disability. § 39-14-203. We have 57 Tennessee Animal / Dog Law Questions & Answers - Ask Lawyers for Free - Justia Ask a Lawyer. (b) Any violation of the provisions of this section is a Class C misdemeanor. In that case the provisions of subsection (a) shall apply to the person. Animal rescue volunteers say the dogs found at the home were being sold online. Helping Stop Animal Cruelty In Tennessee It is unlawful for any person to possess, transport, import, export, buy, sell, barter, propagate or transfer any wildlife, whether indigenous to this state or not, except as provided by this part and rules and regulations promulgated by the Tennessee wildlife resources commission pursuant to this part. 1. These Tennessee statutes comprise the state's dog laws. The officer shall deposit these items in a safe place for custody. (2) A violation of subsection (d) is a Class C misdemeanor. (d) It is an offense to knowingly interfere with a service animal in the performance of its duties, or permit an animal that the person owns or is in control of to interfere with a service animal in the performance of its duties. July 1, 2020. Tennessee's Animal Cruelty Law. (a) A person who removes from a dog an electronic or radio transmitting collar or microchip implant without the permission of the owner of the dog and with the intent to prevent or hinder the owner from locating the dog commits a Class B misdemeanor, punishable by fine only; provided, however, if the dog wearing an electronic or radio transmitting collar or microchip implant is lost or killed as the proximate result of the removal of such collar or implant, the person commits a Class A misdemeanor, punishable by fine only. (7) Applying methods and equipment used to train livestock animals. Dangerous snakes or reptiles; handling, TN - Dangerous dog - § 44-17-120. A person commits an offense if, without consent, the person exercises control over an animal facility, an animal from an animal facility, or other property from an animal facility with the intent to deprive the owner of the facility, animal, or property and to disrupt the enterprise conducted at the animal facility. (b) For purposes of this section: (2) An offense involving a cock under subdivisions (a)(1)-(3) is a Class A misdemeanor. Examination of livestock; extension agent veterinarian, § 39-14-212. The Humane Society does not enforce city ordinances, such as spay/neuter. (B) Notwithstanding subdivision (a)(1)(B), a violation of subdivision (a)(1)(A) with respect to a police dog, fire dog, search and rescue dog, or police horse shall be a Class E felony, unless the offense would be a higher classification based on the animal's value, in which case the violation shall be graded pursuant to subdivision (a)(1)(B). This Tennessee statute provides the requirements for the claimant's burden of proof under malpractice actions, including, inter alia, the proof that the defendant's actions fell below the recognized standard of acceptable professional practice in the community, proximate cause, and proof by a preponderance of the evidence that defendant's actions were negligent. § 29-34-209. (c) The provisions of subsection (a) shall not be construed to prohibit or interfere with the following endeavors: (1) The provisions of this section shall not be construed to change, modify, or amend any provision of title 70, involving fish and wildlife; (2) The provisions of this section do not apply to activities or conduct that are prohibited by § 39-14-203; (3) The provisions of this section do not apply to equine animals or to animals defined as livestock by the provisions of § 39-14-201; (4) Dispatching an animal in any manner absent of aggravated cruelty; (5) Engaging in lawful hunting, trapping, or fishing activities, including activities commonly associated with the hunting of small game as defined in § 70-1-101(a)(34); (6) Dispatching rabid or diseased animals; (7) Dispatching animals posing a clear and immediate threat to human safety; (8) Performing or conducting bona fide scientific tests, experiments or investigations within or for a bona fide research laboratory, facility or institution; (9) Performing accepted veterinary medical practices or treatments; (10) Dispatching animals in accordance with § 44-17-403(e); (11) Engaging, with the consent of the owner of a farm animal, in usual and customary practices which are accepted by colleges of agriculture or veterinary medicine with respect to such animal; (12) Dispatching wild or abandoned animals on a farm or residential real property; or. § 39-14-202. This Tennessee trust law, amended in 2007, provides that a trust may be created to provide for the care of an animal alive during the settlor's lifetime. TN - Liens, Veterinary - § 63-12-134. Animals. Animal fighting is also prohibited under this section, with dog fighting incurring a felony penalty and cockfighting resulting in a misdemeanor in most cases. 1989 Pub.Acts, c. 591, § 1; 1997 Pub.Acts, c. 90, §§ 2, 5, eff. § 63-12-101 - 146; T. C. A. TN - Ordinances - § 44-17-401. (f) In addition to the penalty imposed by subsection (d), the court may require the defendant to undergo psychological evaluation and counseling, the cost to be borne by the defendant. The court may prohibit the defendant from having custody of other livestock animals for any period of time the court determines to be reasonable, or impose any other reasonable restrictions on the person's custody of livestock animals as is necessary for the protection of the animals. This site is not a law firm and cannot offer legal advice. (f)(1) Nothing in this section shall be construed as prohibiting the owner of a farm animal or someone acting with the consent of the owner of that animal from engaging in usual and customary practices which are accepted by colleges of agriculture or veterinary medicine with respect to that animal. Several states have strengthened their laws to protect dogs, cats, and other pets from different kinds of mistreatment and neglect. Farm Animal and Research Facilities Protection, TN - Endangered Species - Nongame and Endangered or Threatened Wildlife Species Conservation Act of 1974, TN - Equine Activity Liability - Chapter 20. This site is not a law firm and cannot offer legal advice. Cruelty to animals. Both livestock and non-livestock animals are protected under animal cruelty laws in Tennessee code 39-14-202. Additionally, it is an offense for any convicted violent felon to own or have custody of a dog that is not microchipped or spayed/neutered. TN - Impound - Rabies. © 2021 Michigan State University College of Law. (d) Whenever any person is taken into custody by any officer for violation of subdivision (a)(4), the officer may take charge of the vehicle or conveyance, and its contents, used by the person to transport the animal. Rabies. (a) As used in this section only, “livestock” means all equine as well as animals which are being raised primarily for use as food or fiber for human utilization or consumption including, but not limited to, cattle, sheep, swine, and goats. Tennessee does have a “Cruelty to Animals” law which horses do fall under but it becomes a gray area with law enforcement because of the definition of animals, livestock and non-livestock animals. Additionally, no person shall possess Class I (all species inherently dangerous to humans such as wolves, bears, lions and poisonous snakes) or Class II (native species that are not listed in other classes) wildlife without having documentary evidence showing the name and address of the supplier of such wildlife and date of acquisition.

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