25-3520A. PENALTY FOR VIOLATIONS — TERMINATION OF RIGHTS. (1) Unless otherwise specified in this chapter, any person convicted of a first violation of a provision of this chapter shall be punished for each offense by a jail sentence of not more than six (6) months or by a fine of not less than one hundred dollars ($100) or more than five thousand dollars ($5,000), or by both such fine and imprisonment.

(2) Unless otherwise specified in this chapter, any person convicted of a second violation of a provision of this chapter within ten (10) years of the first conviction shall be punished for each offense by a jail sentence of not more than nine (9) months or a fine of not less than two hundred dollars ($200) or more than seven thousand dollars ($7,000), or by both such fine and imprisonment.

(3) (a) Unless the penalty is otherwise specified in this chapter, any person convicted of a third or subsequent violation of any of the provisions of this chapter within fifteen (15) years of the first conviction shall be guilty of a misdemeanor and punished for each offense by a jail sentence of not more than twelve (12) months or a fine of not less than five hundred dollars ($500) or more than nine thousand dollars ($9,000), or by both such fine and imprisonment.

(b) Any person convicted of section 25-3504A(3) or (4), Idaho Code, or any person convicted of a third or subsequent violation who previously has been found guilty of or has pled guilty to two (2) violations of section 25-3504, Idaho Code, provided the violations were for conduct as defined by section 25-3502(5)(a) or (b), Idaho Code, within fifteen (15) years of the first conviction, shall be guilty of a felony and punished for each offense by a jail sentence of not more than twelve (12) months or a fine of not less than five hundred dollars ($500) or not more than nine thousand dollars ($9,000), or by both such fine and imprisonment. All other violations of section 25-3504, Idaho Code, for conduct as defined by paragraph (c), (d) or (e) of section 25-3502(5), Idaho Code, shall constitute misdemeanors and shall be punishable as provided in paragraph (a) of this subsection.

(c) Each prior conviction or guilty plea shall constitute one (1) violation of this chapter regardless of the number of counts involved in the conviction or guilty plea. Practices described in section 25-3514, Idaho Code, are not animal cruelty.

(4) If a person pleads guilty or is found guilty of an offense under this chapter, the court may issue an order terminating the person’s right to possession, title, custody or care of an animal that was involved in the offense or that was owned or possessed at the time of the offense. If a person’s right to possession, title, custody or care of an animal is terminated, the court may award the animal to a humane society or other organization that has as its principal purpose the humane treatment of animals, or may award the animal to a law enforcement agency or animal care and control agency. The court’s award of custody or care of an animal will grant to the organization or agency the authority to determine custody, adoption, sale or other disposition of the animal thereafter.

(5) Prior to sentencing pursuant to the provisions of this chapter, the court may in its discretion order a presentence psychological evaluation. If the prosecutor requests a presentence psychological evaluation prior to sentencing, the court shall determine whether a presentence psychological evaluation is warranted.

History:

[25-3520A, added 1996, ch. 229, sec. 14, p. 749; am. 2006, ch. 170, sec. 7, p. 527; am. 2012, ch. 262, sec. 3, p. 729; am. 2016, ch. 190, sec. 3, p. 524.]