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711-1100 Definitions.

§711-1100 Definitions. In this chapter, unless a different meaning is plainly required, or the definition is otherwise limited by this section: “Animal” includes every living creature, except a human being. “Equine animal” means an animal of or belonging to the family Equidae, including horses, ponies, mules, donkeys, asses, burros, and zebras. “Facsimile” means a document […]

711-1101 Disorderly conduct. §711-1101 Commentary:

§711-1101 Disorderly conduct. (1) A person commits the offense of disorderly conduct if, with intent to cause physical inconvenience or alarm by a member or members of the public, or recklessly creating a risk thereof, the person: (a) Engages in fighting or threatening, or in violent or tumultuous behavior; (b) Makes unreasonable noise; (c) Subjects […]

711-1102 Failure to disperse. §711-1102 Commentary:

§711-1102 Failure to disperse. (1) When six or more persons are participating in a course of disorderly conduct likely to cause substantial harm or serious inconvenience, annoyance, or alarm, a law enforcement officer may order the participants and others in the immediate vicinity to disperse. (2) A person commits the offense of failure to disperse […]

711-1103 Riot. §711-1103 Commentary:

§711-1103 Riot. (1) A person commits the offense of riot if the person participates with five or more other persons in a course of disorderly conduct: (a) With intent to commit or facilitate the commission of a felony; or (b) When the person or any other participant to the person’s knowledge uses or intends to […]

711-1104 Unlawful assembly. §711-1104 Commentary:

§711-1104 Unlawful assembly. (1) A person commits the offense of unlawful assembly if: (a) The person assembles with five or more other persons with intent to engage in conduct constituting a riot; or (b) Being present at an assembly that either has or develops a purpose to engage in conduct constituting a riot, the person […]

711-1105 Obstructing. §711-1105 Commentary:

§711-1105 Obstructing. (1) A person commits the offense of obstructing if, whether alone or with others and having no legal privilege to do so, the person knowingly or recklessly: (a) Obstructs any highway or public passage; or (b) Provides less than thirty-six inches of space for passage on any paved public sidewalk. (2) A person […]

711-1106 Harassment. §711-1106 Commentary:

§711-1106 Harassment. (1) A person commits the offense of harassment if, with intent to harass, annoy, or alarm any other person, that person: (a) Strikes, shoves, kicks, or otherwise touches another person in an offensive manner or subjects the other person to offensive physical contact; (b) Insults, taunts, or challenges another person in a manner […]

711-1106.4 Aggravated harassment by stalking.

§711-1106.4 Aggravated harassment by stalking. (1) A person commits the offense of aggravated harassment by stalking if that person commits the offense of harassment by stalking as provided in section 711-1106.5 and has been convicted previously of harassment by stalking under section 711-1106.5 within five years of the instant offense. (2) Aggravated harassment by stalking […]

711-1106.5 Harassment by stalking.

§711-1106.5 Harassment by stalking. (1) A person commits the offense of harassment by stalking if, with intent to harass, annoy, or alarm another person, or in reckless disregard of the risk thereof, that person engages in a course of conduct involving pursuit, surveillance, or nonconsensual contact upon the other person on more than one occasion […]

711-1106.6 Harassment by impersonation.

§711-1106.6 Harassment by impersonation. (1) A person commits the offense of harassment by impersonation if that person poses as another person, without the express authorization of that person, and makes or causes to be made, either directly or indirectly, a transmission of any personal information of the person to another by any oral statement, any […]

711-1107 Desecration. §711-1107 Commentary:

§711-1107 Desecration. (1) A person commits the offense of desecration if the person intentionally desecrates: (a) Any public monument or structure; (b) A place of worship or burial; or (c) In a public place the national flag or any other object of veneration by a substantial segment of the public. (2) “Desecrate” means defacing, damaging, […]

711-1108 Abuse of a corpse. §711-1108 Commentary:

§711-1108 Abuse of a corpse. (1) A person commits the offense of abuse of a corpse if, except as authorized by law, the person: (a) Treats a human corpse in a way that the person knows would outrage ordinary family sensibilities; or (b) Accepts the donation of a dead human body or any of its […]

711-1108.5 Cruelty to animals in the first degree.

§711-1108.5 Cruelty to animals in the first degree. (1) A person commits the offense of cruelty to animals in the first degree if the person intentionally or knowingly: (a) Tortures, mutilates, or poisons or causes the torture, mutilation, or poisoning of any pet animal or equine animal resulting in serious bodily injury or death of […]

711-1109 Cruelty to animals in the second degree.

§711-1109 Cruelty to animals in the second degree. (1) A person commits the offense of cruelty to animals in the second degree if the person intentionally, knowingly, or recklessly: (a) Overdrives, overloads, tortures, torments, beats, causes substantial bodily injury to, or starves any animal, or causes the overdriving, overloading, torture, torment, beating, or starving of […]

711-1109.1 Authority to enter premises; notice of impoundment of animal; damage resulting from entry. (1) If there is probable cause to believe that a pet animal or equine animal is being subjected to treatment in violation of section 711-1108.5, 711-1109, 711-1109.3, or 711-1109.35, as applicable, a law enforcement officer, after obtaining a search warrant, or in any other manner authorized by law, may enter the premises where the pet animal or equine animal is located to provide the pet animal or equine animal with food, water, and emergency medical treatment or to impound the pet animal or equine animal. If after reasonable effort, the owner or person having custody of the pet animal or equine animal cannot be found and notified of the impoundment, an impoundment notice shall be conspicuously posted on the premises and within seventy-two hours after posting, the notice shall be sent by certified mail to the address, if any, from which the pet animal or equine animal was removed. (2) A law enforcement officer is not liable for any damage resulting from an entry under subsection (1), unless the damage resulted from intentional or reckless behavior on behalf of the law enforcement officer. (3) A court may order a pet animal or equine animal impounded under subsection (1) to be held at a duly incorporated humane society or duly incorporated society for the prevention of cruelty to animals. A facility receiving the pet animal or equine animal shall provide adequate food and water and may provide veterinary care. (4) For purposes of this section, "law enforcement officer" shall have the same meaning as [in] section 710-1000. [L 2006, c 239, pt of §1; am L 2007, c 114, §5; am L 2008, c 128, § §2, 7; am L 2009, c 11, §15 as superseded by c 160, §3; am L 2011, c 149, § §2, 6; am L 2012, c 25, §1] Note The repeal and reenactment note at subsection (1) in the main volume took effect on July 1, 2015, pursuant to L 2008, c 128, §7; L 2009, c 160, §3; and L 2011, c 149,

§711-1109.1 Authority to enter premises; notice of impoundment of animal; damage resulting from entry. (1) If there is probable cause to believe that a pet animal or equine animal is being subjected to treatment in violation of section 711-1108.5, 711-1109, 711-1109.3, or 711-1109.35, as applicable, a law enforcement officer, after obtaining a search warrant, or […]

711-1109.2 Forfeiture of animal prior to filing of or final disposition of criminal charges.

§711-1109.2 Forfeiture of animal prior to filing of or final disposition of criminal charges. (1) If any pet animal or equine animal is impounded pursuant to section 711-1109.1, prior to filing of, or final disposition of a criminal charge under section 711-1108.5, 711-1109, 711-1109.3, or 711-1109.35, as applicable, against the pet animal’s or equine animal’s […]

711-1109.3 Cruelty to animals by fighting dogs in the first degree.

§711-1109.3 Cruelty to animals by fighting dogs in the first degree. (1) A person commits the offense of cruelty to animals by fighting dogs in the first degree if the person: (a) Knowingly: (i) Causes, sponsors, arranges, or holds a dogfight for entertainment or financial gain; or (ii) Owns, trains, transports, possesses, sells, transfers, or […]

711-1109.35 Cruelty to animals by fighting dogs in the second degree.

§711-1109.35 Cruelty to animals by fighting dogs in the second degree. (1) A person commits the offense of cruelty to animals by fighting dogs in the second degree if the person knowingly: (a) Wagers on a dogfight; (b) Attends or pays to attend a dogfight; or (c) Possesses any device intended to enhance the dog’s […]

711-1109.37 Cruelty to animals by trapping.

§711-1109.37 Cruelty to animals by trapping. (1) A person commits the offense of cruelty to animals by trapping if the person intentionally, knowingly, or recklessly uses, sets, or maintains: (a) A steel-jawed leg-hold trap; or (b) A snare, conibear trap, or foot- or leg-hold trap in an area zoned as residential or any other area […]

711-1109.4 Causing injury or death to a service animal or law enforcement animal.

§711-1109.4 Causing injury or death to a service animal or law enforcement animal. (1) A person commits the offense of causing injury or death to a service animal or law enforcement animal if: (a) The person recklessly causes substantial bodily injury to or the death of any service animal or law enforcement animal while the […]