578.012 Animal abuse — penalties.

578.012. Animal abuse — penalties. — 1. A person commits the offense of animal abuse if he or she: (1) Intentionally or purposely kills an animal in any manner not allowed by or expressly exempted from the provisions of sections 578.005 to 578.023 and 273.030 ; (2) Purposely or intentionally causes injury or suffering to an animal; or (3) Having ownership or custody of an animal knowingly fails to provide adequate care which results in substantial harm to the animal. 2. Animal abuse is a class A misdemeanor, unless the defendant has previously been found guilty of animal abuse or the suffering involved in subdivision (2) of subsection 1 of this section is the result of torture or mutilation consciously inflicted while the animal was alive, in which case it is a class E felony. (L. 1983 S.B. 211 § 4, A.L. 1994 S.B. 545, A.L. 1996 S.B. 491, A.L. 2001 S.B. 462, A.L. 2013 S.B. 9, A.L. 2014 S.B. 491) Effective 1-01-17 (1989) "Willfully" is an essential element of the offense of animal abuse and distinguishes it from the offense of animal neglect. State v. Price, 772 S.W.2d 9. (Mo.App.E.D.)