Animal Cruelty in Colorado

Animal cruelty charges are often based on snap judgments and misunderstandings. A nosy neighbor may call the police to report animal cruelty if your dog is barking too long. A well intentioned but misinformed stranger may report animal cruelty if they overhear you yelling at a pet. Regardless of the circumstances surrounding an animal cruelty allegation, animal cruelty charges are serious.

In Colorado, child abuse can be charged as a misdemeanor or felony depending on a variety of factors including the mental state of the accused, the severity of the injuries caused, whether a pattern of abuse or negligence are alleged, and whether serious bodily injury or death occurred.

Animal cruelty is defined in Colorado’s animal cruelty statute C.R.S. Section 18-9-202. The Colorado animal cruelty statute defines animal cruelty as follows:

C.R.S. Section 18-9-202 Colorado’s Animal Cruelty Statute

(1)

(a) A person commits cruelty to animals if he or she knowingly, recklessly, or with criminal negligence overdrives, overloads, overworks, torments, deprives of necessary sustenance, unnecessarily or cruelly beats, allows to be housed in a manner that results in chronic or repeated serious physical harm, carries or confines in or upon any vehicles in a cruel or reckless manner, engages in a sexual act with an animal, or otherwise mistreats or neglects any animal, or causes or procures it to be done, or, having the charge or custody of any animal, fails to provide it with proper food, drink, or protection from the weather consistent with the species, breed, and type of animal involved, or abandons an animal.

(b) Any person who intentionally abandons a dog or cat commits the offense of cruelty to animals.

(1.5)

(a) A person commits cruelty to animals if he or she recklessly or with criminal negligence tortures, needlessly mutilates, or needlessly kills an animal.

(b) A person commits aggravated cruelty to animals if he or she knowingly tortures, needlessly mutilates, or needlessly kills an animal.

(c) A person commits cruelty to a service animal or a certified police working dog or police working horse if he or she violates the provisions of subsection (1) of this section with respect to a service animal, certified police working dog, or police working horse, as those terms are defined in section 18-9-201 (2.3), (2.4), and (4.7), whether the service animal, certified police working dog, or police working horse is on duty or not on duty.

(1.6) Repealed.

(1.8) A peace officer having authority to act under this section may take possession of and impound an animal that the peace officer has probable cause to believe is a victim of a violation of subsection (1) or (1.5) of this section or is a victim of a violation of section 18-9-204 and as a result of the violation is endangered if it remains with the owner or custodian. If, in the opinion of a licensed veterinarian, an animal impounded pursuant to this subsection (1.8) is experiencing extreme pain or suffering, or is severely injured past recovery, severely disabled past recovery, or severely diseased past recovery, the animal may be euthanized without a court order.

(2)

(a) Except as otherwise provided in subsection (2)(b) of this section, cruelty to animals, or cruelty to a service animal or certified police working dog or police working horse pursuant to subsection (1.5)(c) of this section, is a class 1 misdemeanor.

(a.5)

(I) Repealed.

(II) In addition to any other sentence imposed for a violation of this section, the court may order an offender to complete an anger management treatment program, a mental health treatment program, or any other appropriate treatment program designed to address the underlying causative factors for the violation.

(III) The court shall order an evaluation to be conducted prior to sentencing to assist the court in determining an appropriate sentence. If the violation is a felony offense in violation of subsection (1.5) of this section, a felony offense in violation of subsection (2)(b)(II) of this section, or any other violation of this section demonstrating knowing torture or torment of an animal that needlessly injured, mutilated, or killed the animal, the court shall require a comprehensive evaluation to help determine the causative factors. The person ordered to undergo an evaluation shall be required to pay the cost of the evaluation, unless the person qualifies for a public defender, then the cost will be paid by the judicial district. If the evaluation results in a recommendation of treatment and if the court so finds, the person must be ordered to complete, as a condition of any sentence to probation or a deferred judgment or sentence, an anger management treatment program, a mental health treatment program, or any other appropriate treatment program designed to address the underlying causative factors for the violation.

(IV) Upon successful completion of an anger management treatment program, a mental health treatment program, or any other appropriate treatment program, the court may suspend any fine imposed; except for a five-hundred-dollar mandatory minimum fine which shall be imposed at the time of sentencing.

(V)

(A) In addition to any other sentence imposed upon a person for a violation of any criminal law under this title 18, any person convicted of a second or subsequent conviction for any crime, the underlying factual basis of which has been found by the court to include an act of cruelty to animals pursuant to subsection (1) of this section or aggravated cruelty to animals pursuant to subsection (1.5)(b) of this section is required to pay a mandatory minimum fine of one thousand dollars and is required to complete an anger management treatment program or any other appropriate treatment program.

(B) In addition to any other sentence imposed upon a person for a violation of any criminal law under this title 18, any person convicted of a second or subsequent conviction for any crime, the underlying factual basis of which has been found by the court to include cruelty to a service animal, certified police working dog, or police working horse pursuant to subsection (1.5)(c)(I) of this section or aggravated cruelty to a service animal, certified police working dog, or police working horse pursuant to subsection (1.5)(c)(ii) of this section, is required to pay a mandatory minimum fine of two thousand dollars and is required to complete an anger management treatment program or any other appropriate treatment program.

(V.5) In addition to any other sentence imposed for a felony conviction pursuant to this section, the court shall enter an order prohibiting the defendant from owning, possessing, or caring for a pet animal as defined in section 35-80-102(10) as a condition of the sentence for a period of three to five years, unless the defendant’s treatment provider makes a specific recommendation not to impose the ban and the court agrees with the recommendation.

(VI) Nothing in this paragraph (a.5) shall preclude the court from ordering treatment in any appropriate case.

(VII) This subsection (2)(a.5) does not apply to the treatment of pack or draft animals by negligently overdriving, overloading, or overworking them, or the treatment of livestock and other animals used in the farm or ranch production of food, fiber, or other agricultural products when the treatment is in accordance with accepted agricultural animal husbandry practices, the treatment of animals involved in activities regulated pursuant to article 32 of title 44, the treatment of animals involved in research if the research facility is operating under rules set forth by the state or federal government, the treatment of animals involved in rodeos, the treatment of dogs used for legal hunting activities, wildlife nuisances, or to statutes regulating activities concerning wildlife and predator control in the state, including trapping.

(b)

(I) A second or subsequent conviction under the provisions of paragraph (a) of subsection (1) of this section is a class 6 felony. A plea of nolo contendere accepted by the court shall be considered a conviction for the purposes of this section.

(II) In any case where the court sentences a person convicted of a class 6 felony under the provisions of this paragraph (b) to probation, the court shall, in addition to any other condition of probation imposed, order that:

(A) The offender, pursuant to section 18-1.3-202(1), be committed to the county jail for ninety days; or

(B) The offender, pursuant to section 18-1.3-105(3), be subject to home detention for no fewer than ninety days.

(III) In any case where an offender is committed to the county jail or placed in home detention pursuant to subparagraph (II) of this paragraph (b), the court shall enter judgment against the offender for all costs assessed pursuant to section 18-1.3-701, including, but not limited to, the cost of care.

(d)

(I) If a person is convicted of cruelty to a service animal pursuant to paragraph (c) of subsection (1.5) of this section, the court shall order him or her to make restitution to the agency or individual owning the service animal for any veterinary bills and replacement costs of the service animal if it is disabled or killed as a result of the cruelty to animals incident.

(II) If a person is convicted of cruelty or aggravated cruelty to a service animal, certified police working dog, or police working horse pursuant to subsection (1.5)(c) of this section, the court shall order the person to make restitution to the agency or individual owning the service animal, certified police working dog, or police working horse for all expenses, including any immediate and ongoing veterinary expenses related to the incident, and replacement costs for the service animal, certified police working dog, or police working horse if it is permanently disabled or killed as a result of the cruelty or aggravated cruelty incident. If the court finds that the person who is convicted of cruelty or aggravated cruelty to a service animal, certified police working dog, or police working horse pursuant to subsection (1.5)(c) of this section did so with malicious intent, the person shall additionally make restitution to the agency or individual owning the service animal, certified police working dog, or police working horse for all training and certification costs related to the service animal, certified police working dog, or police working horse.

(2.5) It shall be an affirmative defense to a charge brought under this section involving injury or death to a dog that the dog was found running, worrying, or injuring sheep, cattle, or other livestock.

(3) Nothing in this part 2 modifies in any manner the authority of the parks and wildlife commission, as established in title 33, C.R.S., or prohibits any conduct authorized or permitted under title33, C.R.S.

(4) The short title of this section is “Punky’s Law”.

Possible Penalties for Animal Cruelty in Colorado

Animal cruelty can be charged as a felony or misdemeanor. Regardless of the class of the animal cruelty offense alleged, the possible penalties for an animal cruelty charge are serious. They include possible fines, restitution, probation, jail, and prison followed by parole. Animal cruelty convictions carry offense specific consequences including anger management, mental health evaluations, mental health treatment, and other treatment options that may be deemed necessary by an evaluator. Additionally, an animal cruelty conviction can result in serious collateral consequences including employment consequences, child custody consequences, housing consequences, immigration consequences, and many other civil consequences that can flow from an animal cruelty conviction.

Rights & Liberties Law Firm has assembled a possible penalties chart to help you better understand the possible penalties a person charged with animal cruelty in Colorado will face.

Animal Cruelty Offense

Animal Cruelty 18-9-202(2)(a)

Animal Cruelty 18-9-202(2)(b)(I)or(II) (subsequent animal cruelty offense)

Animal Cruelty 18-9-202(2)(c) (aggravated animal cruelty)

Possible Penalties

Class 1 Misdemeanor

364 days jail; or
Probation;
And up to a $1,000 fine;
Restitution;
Animal cruelty evaluation;
Possible mental health treatment

Class 6 Felony

12-18 months in Colorado State Prison or Community Corrections followed by 1 year of mandatory parole; or
Probation; and/or
Mandatory minimum $1,000 fine or up to $100,000 fine;
Restitution;
Comprehensive mental health evaluation;
Mandatory anger management;
Mental health treatment

Class 4 Felony

2-6 years in Colorado State Prison or Community Corrections followed by 3 years of mandatory parole; or
Probation; and/or
$2,000 – $500,000 fine;
Restitution;
Comprehensive mental health; evaluation;
Mandatory anger management;
Mental health treatment

Animal Cruelty Offense

Animal Cruelty 18-9-202(2)(a)

Animal Cruelty 18-9-202(2)(b)(I)or(II) (subsequent animal cruelty offense)

Animal Cruelty 18-9-202(2)(c) (aggravated animal cruelty)

Possible Penalties

Class 1 Misdemeanor

364 days jail; or
Probation;
And up to a $1,000 fine;
Restitution;
Animal cruelty evaluation;
Possible mental health treatment

Class 6 Felony

12-18 months in Colorado State Prison or Community Corrections followed by 1 year of mandatory parole; or
Probation; and/or
Mandatory minimum $1,000 fine or up to $100,000 fine;
Restitution;
Comprehensive mental health evaluation;
Mandatory anger management;
Mental health treatment

Class 4 Felony

2-6 years in Colorado State Prison or Community Corrections followed by 3 years of mandatory parole; or
Probation; and/or
$2,000 – $500,000 fine;
Restitution;
Comprehensive mental health; evaluation;
Mandatory anger management;
Mental health treatment

Defenses to Animal Cruelty in Colorado

General Denial

The accused will be acquitted if the prosecution cannot prove every element of the animal cruelty offense beyond a reasonable doubt. When the accused raises a general denial defense, the accused denies that the criminal elements of the animal cruelty exist. General denial is related to the failure of proof defense. The failure of proof defense arises when the accused pokes holes in the prosecution’s case and argues that the prosecution failed to prove each and every element of the offense beyond a reasonable doubt.

Lesser Included Offense Defense

In certain circumstances, the accused can raise the defense of lesser included offense in an animal cruelty case by arguing that the accused is not guilty of the more serious felony animal cruelty offense but only guilty of the lesser misdemeanor animal cruelty offense. In lesser included offense defenses, the accused admits that the crime of animal cruelty happened but challenges the severity and class of the animal cruelty offense alleged.

Mistaken Identity

Mistaken identity is a general denial defense that attacks the element of who committed the alleged animal cruelty. As the prosecution is required not only to prove that the act of animal cruelty happened, but that the person charged committed the animal cruelty, the mistaken identity defense can be an effective way to challenge the prosecution on the element of who committed the crime. In the context of an animal cruelty case, mistaken identify defenses usually arise when the accused is arrested and charged with animal cruelty after the alleged animal cruelty happened or when the accused is identified after a chaotic situation where eyewitness accounts are not trustworthy. Mistaken identity cases often involve witness misidentification issues, poor witness perception issues, inaccurate, improper, or biased police identification procedures, grainy surveillance videos, and mistaken eyewitness accounts.

Alternate Suspect

The alternate suspect defense occasionally arises in animal cruelty cases. When the accused raises the alternate suspect defense, he or she does so to cast doubt on the identity element of the animal cruelty charges. In other words, the alternate suspect defense is used to cast doubt on the prosecution’s evidence that the accused committed the crime. By raising the alternate suspect defense, the accused casts doubt on the identity element of animal cruelty by raising the possibility that another person committed the animal cruelty rather than the accused. In Colorado animal cruelty trials the admissibility of alternate suspect evidence will depend on “the strength of the connection between the alternate suspect and the charged crime. If there is a non-speculative connection or nexus between the alternate suspect and the crime charged, the evidence will be admissible.”

If the defense introduces “alternate suspect” evidence, the judge must “look to whether all the similar acts and circumstances, taken together, support a finding that the same person was probably involved in both the other act and the charged crime.” If the judge finds that the accused has presented evidence sufficient to support a finding that an alternate suspect committed the crime, the accused can have the jury consider this evidence in their deliberations. While the alternate suspect defense is seldom used in animal cruelty cases, certain circumstances will give rise to the availability of this defense.

Duress

Under Colorado’s duress statute C.R.S. 18-1-708, a person may not be convicted of an offense, other than a class 1 felony, based upon conduct in which he engaged at the direction of another person because of the use or threatened use of unlawful force upon him or upon another person, which force or threatened use thereof a reasonable person in his situation would have been unable to resist. This defense is not available when a person intentionally or recklessly places himself in a situation in which it is foreseeable that he will be subjected to such force or threatened use thereof. The choice of evils defense, provided in section 18-1-702, shall not be available to a defendant in addition to the defense of duress provided under this section unless separate facts exist which warrant its application.

Choice of Evils

(2) The necessity and justifiability of conduct under subsection (1) of this section shall not rest upon considerations pertaining only to the morality and advisability of the statute, either in its general application or with respect to its application to a particular class of cases arising thereunder. When evidence relating to the defense of justification under this section is offered by the defendant, before it is submitted for the consideration of the jury, the court shall first rule as a matter of law whether the claimed facts and circumstances would, if established, constitute a justification.

Statute of Limitations for Animal Cruelty in Colorado

In Colorado the statute of limitations for commencing criminal charges against a person is governed by C.R.S. Section 16-5-401. The statute of limitations for commencing criminal charges for animal cruelty in Colorado is as follows:

Felony animal cruelty charges must be filed within 3 years. C.R.S. 16-5-401(1)(a.5)
Misdemeanor animal cruelty charges must be filed with 18 months. C.R.S. 16-5-401(1)(a.5

Contact the experienced attorneys at Rights & Liberties Law Firm to Fight for You Today

If you’ve been charged with an animal cruelty offense contact the attorneys at Rights & Liberties Law Firm to vindicate your rights and protect your liberties. If you’re facing criminal charges or fear you may be charged time is of the essence. Start Your Free Criminal Defense Case Quote. By retaining Rights & Liberties Law Firm you can rest assured that:

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If you’re wondering why we do this work, we’re in it because we care. At Rights & Liberties Law Firm we believe that no individual’s crime holds a candle to the injustices meted out by our unusually cruel overly punitive criminal legal system. At Rights & Liberties Law Firm we fight for people whose talents, dreams, and lives have been put on hold by a criminal accusation. Let us fight for you.