36-21.2-02. Animal abuse - Definition - Exemptions - Penalty

36-21.2-02. Animal abuse - Definition - Exemptions - Penalty 1. Any person that willfully engages in animal abuse is guilty of a class A misdemeanor for a first or a second offense and a class C felony for a third or subsequent offense occurring within ten years. 2. For purposes of this chapter, "animal abuse" means any act or omission that results in physical injury to an animal or that causes the death of an animal, but does not include any act that falls within the definition of animal cruelty, as set forth in section 36-21.2-03. 3. The following do not constitute violations of this section: a. Any usual and customary practice in: (1) The production of food, feed, fiber, or ornament, including all aspects of the livestock industry; (2) The boarding, breeding, competition, exhibition, feeding, raising, showing, and training of animals; (3) The sport of rodeo; (4) Animal racing; (5) The use of animals by exhibitors licensed under the Animal Welfare Act, 7 U.S.C. 2131, et seq.; (6) Fishing, hunting, and trapping; (7) Wildlife management; (8) The culinary arts; (9) Lawful research and educational activities; and (10) Pest, vermin, predator, and animal damage control, including the disposition of wild animals that have entered structures or personal property; b. Any action taken by an individual against an animal that is attacking or is about to attack a human, a companion animal, or livestock; c. The humane or swift destruction of an animal for cause; and d. Services provided by or under the direction of a licensed veterinarian.