76-13-104. Enhanced penalties for cruelty to animal offenses.

221 words·~1 min read·/ut/title-76/chapter-13/76-13-104

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(a)As used in this section, "conviction" means a conviction by plea or by verdict, including a plea of guilty or no contest that is held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance , regardless of whether the charge was, or is, subsequently reduced or dismissed in accordance with the plea in abeyance agreement.

(b)Terms defined in Sections 76-1-101.5 and 76-13-101 apply to this section.

(2)Except as provided in Subsection

(4), an actor who commits a violation of Section 76-13-202 , 76-13-203 , 76-13-206 , or 76-13-208 within the state and on at least one previous occasion has been convicted of violating Section 76-13-202 , 76-13-203 , 76-13-206 , or 76-13-208 shall be subject to an enhanced penalty as provided in Subsection

(3).

(3)The enhanced degree of offense for offenses committed under this section are:

(a)if the offense is a class C misdemeanor, it is a class B misdemeanor; and

(b)if the offense is a class B misdemeanor, it is a class A misdemeanor.

(4)The penalty enhancements described in this section do not apply to a conviction for the offense described in Section 76-13-204 , Torturing a companion animal.

Renumbered and Amended by Chapter 173 , 2025 General Session