§436.2. Photographs of animals cruelly treated; affidavit of condition; notice to defendant
A. A photograph of an animal alleged to be cruelly treated, otherwise admissible, may be admitted as evidence without regard to the availability of the animal itself.
B. An affidavit of the condition of the animal which is alleged to be cruelly treated shall be admissible in evidence when all of the following circumstances exist:
(1) The affidavit shall be upon personal knowledge and shall state the basis for such knowledge.
(2) The affidavit shall be paraphed for identification with the photograph taken pursuant to Subsection A.
C. An affidavit admitted pursuant to Subsection B shall be deemed prima facie evidence of the condition of the animal alleged to be cruelly treated.
D. Nothing in this Section shall prohibit the defendant from using photographs as part of his defense, nor shall the defendant be prohibited from using the animal as part of his defense, except if there has been a prior disposition of the animal as provided by R.S. 14:102.2 or 102.6.
Acts 1997, No. 1212, §2.
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