Arizona

ARIZONA REVISED STATUTES
TITLE 13. CRIMINAL CODE
CHAPTER 29. OFFENSES AGAINST PUBLIC ORDER

13-2910. Cruelty to animals or poultry; interference with working or service animal; classification; definitions

A. A person commits cruelty to animals if, except as otherwise authorized by law, such person recklessly

1. recklessly subjects any animals or poultry to cruel mistreatment, or
2. recklessly subjects any animal or poultry under the person's custody or control to cruel neglect or abandonment; or
3. recklessly kills any animal or poultry under the custody or control of another without either legal privilege or consent of the owner or
4. intentionally interferes with, kills or harms a working or service animal without either legal privilege or consent of the owner.

B. It is a defense to subsection A of this section if any person exposes poison to be taken by a dog which has killed or wounded livestock or poison to be taken by predatory animals on premises owned, leased or controlled by the person for the purpose of the protection of such person or the person's livestock or poultry, and the treated property is kept posted by the person who authorized or performed the treatment until such poison has been removed, and such poison is removed by the person exposing the poison after the threat to such person, the person's livestock or the person's poultry has ceased to exist. The posting required shall be in such manner as to provide adequate warning to persons who enter the property by the point or points of normal entry. The warning notice which is posted shall be of such size that it is readable at a distance of fifty feet, shall contain a poison statement and symbol and shall state the word "danger" or "warning".

C. Nothing in this section shall prohibit or restrict:

1. the taking of wildlife or any other activities permitted by or pursuant to Title 17,
2. activities permitted by or pursuant to Title 3,
3. Activities regulated by the Arizona Game and Fish Department or the Arizona Department of Agriculture

D. A person who is convicted of a violation of subsection A, paragraph 4 is liable as follows:

1. If the working or service animal was killed or disabled, to the owner or agency that owns the working or service animal and that employs the handler or to the owner or handler for the replacement and training costs of the working or service animal and for any veterinary bills.
2. To the owner or agency that owns a working or service animal for the salary of the handler for the period of time that the handler's services are lost to the owner or agency.
3. To the owner for the owner's contractual losses with the agency.

E. A person who violates subsection A, paragraph 1, 2 or 3 is guilty of a class 1 misdemeanor. A person who violates subsection A, paragraph 4 is guilty of a class 6 felony.

F. For the purposes of this section,

1. "Handler" means a law enforcement officer or any other person who has successfully completed a course of training prescribed by the person's agency or the service animal owner and who used a specially trained animal under the direction of the person's agency or the service animal owner.
2. "Service animal" means an animal that has completed a formal training program, that assists its owner in one or more daily living tasks that are associated with a productive lifestyle and that is trained to not pose a danger to the health and safety of the general public.
3. "Working animal" means a horse or dog that is used by a law enforcement agency, that is specially trained for law enforcement work and that is under the control of a handler.

§ 13-2910.04. Defense to cruelty to animals and bird fighting

It is a defense to ss 13-2910, 13-2910.01 and 13-2910.02 that the activity charged involves the possession, training, exhibition or use of a bird or animal in the otherwise lawful sports of falconry, animal hunting, rodeos, ranching or the training or use of hunting dogs.