(1) Nothing in this part 2 shall affect accepted animal husbandry practices utilized by any person in the care of companion or livestock animals or in the extermination of undesirable pests as defined in articles 7, 10, and 43 of title 35, C.R.S.
(2) In case of any conflict between this part 2 or section 35-43-126, C.R.S., and the wildlife statutes of the state, said wildlife statutes shall control.
(3) Nothing in this part 2 shall affect animal care otherwise authorized by law.
(4) Nothing in this part 2 shall affect facilities licensed under the provisions of the federal Animal Welfare Act of 1970, 7 U.S.C. sec. 2131 et seq., as amended.
Source: L. 90: Entire section added, p. 1612, � 4, effective July 1.
18-9-201.7. Animal cruelty prevention fund - control of fund - repeal. (Repealed)
Source: L. 97: Entire section added, p. 1568, � 1, effective July 1. L. 2000: (4) and (6) amended, p. 1375, � 1, effective September 1. L. 2003: (1) and (4) amended, p. 2093, � 1, effective July 1.
Editor's note: Subsection (6) provided for the repeal of this section, effective July 1, 2005. (See L. 2000, p. 1375.)
18-9-202. Cruelty and aggravated cruelty to animals, service animals, and law enforcement animals - penalties - short title - definition. (1) (a) A person commits cruelty to animals if he or she knowingly, recklessly, or with criminal negligence overdrives, overloads, overworks, torments, deprives of necessary sustenance, unnecessarily or cruelly beats, allows to be housed in a manner that results in chronic or repeated serious physical harm, carries or confines in or upon any vehicles in a cruel or reckless manner, engages in a sexual act with an animal, or otherwise mistreats or neglects any animal, or causes or procures it to be done, or, having the charge or custody of any animal, fails to provide it with proper food, drink, or protection from the weather consistent with the species, breed, and type of animal involved, or abandons an animal.
(b) Any person who intentionally abandons a dog or cat commits the offense of cruelty to animals.
(1.5) (a) A person commits cruelty to animals if the person recklessly or with criminal negligence tortures, needlessly mutilates, or needlessly kills an animal.
(b) A person commits aggravated cruelty to animals if the person:
(I) Knowingly tortures, needlessly mutilates, or needlessly kills an animal; or
(II) Knowingly kills or causes serious bodily injury that results in the death of a law enforcement animal, whether the law enforcement animal is on duty or not on duty. For the purposes of this subsection (1.5)(b)(II), serious bodily injury means bodily injury that involves a substantial risk of death, a substantial risk of permanent disfigurement, a substantial risk of protracted loss or impairment of the function of any part or organ of the body, breaks, fractures, a penetrating wound from a knife or a penetrating gunshot wound, or burns of the second or third degree.
(c) A person commits cruelty to a service animal or a law enforcement animal if the person violates subsection (1) of this section with respect to a service animal or a law enforcement animal, as those terms are defined in section 18-9-201, whether the service animal or law enforcement animal is on duty or not on duty.
(1.6) Repealed.
(1.8) (a) A peace officer having authority to act pursuant to this section may take possession of and impound an animal that the peace officer has probable cause to believe is a victim of a violation of subsection (1) or (1.5) of this section or is a victim of a violation of section 18-9-204 and as a result of the violation is endangered if it remains with the owner or custodian. If, in the opinion of a licensed veterinarian, an animal impounded pursuant to this subsection (1.8) is experiencing extreme pain or suffering, or is severely injured past recovery, severely disabled past recovery, or severely diseased past recovery, the animal may be euthanized without a court order.
(b) (I) A licensed veterinarian is immune from criminal liability and is not in violation of the provisions of section (1.5)(b)(II) of this section if:
(A) The licensed veterinarian provides veterinary treatment for an injured law enforcement animal; or
(B) The licensed veterinarian euthanizes the law enforcement animal after determining that the law enforcement animal, due to a critical injury, is experiencing extreme pain or suffering, or is severely injured past recovery, severely disabled past recovery, or severely diseased past recovery.
(II) A person who owns or who is charged with the care of a law enforcement animal is immune from criminal liability and is not in violation of the provisions of section (1.5)(b)(II) of this section if such person is able to reasonably determine that the law enforcement animal, due to a critical injury, is experiencing extreme pain or suffering, or is severely injured past recovery.
(2) (a) Except as otherwise provided in subsection (2)(b) of this section, cruelty to animals, or cruelty to a service animal or a law enforcement animal pursuant to subsection (1.5)(c) of this section, is a class 1 misdemeanor.
(a.5) (I) Repealed.
(II) In addition to any other sentence imposed for a violation of this section, the court may order an offender to complete an anger management treatment program, a mental health treatment program, or any other appropriate treatment program designed to address the underlying causative factors for the violation.
(III) The court shall order an evaluation to be conducted prior to sentencing to assist the court in determining an appropriate sentence. If the violation is a felony offense in violation of subsection (1.5) of this section, a felony offense in violation of subsection (2)(b)(II) of this section, or any other violation of this section demonstrating knowing torture or torment of an animal that needlessly injured, mutilated, or killed the animal, the court shall require a comprehensive evaluation to help determine the causative factors. The person ordered to undergo an evaluation shall be required to pay the cost of the evaluation, unless the person qualifies for a public defender, then the cost will be paid by the judicial district. If the evaluation results in a recommendation of treatment and if the court so finds, the person must be ordered to complete, as a condition of any sentence to probation or a deferred judgment or sentence, an anger management treatment program, a mental health treatment program, or any other appropriate treatment program designed to address the underlying causative factors for the violation.
(IV) Upon successful completion of an anger management treatment program, a mental health treatment program, or any other appropriate treatment program, the court may suspend any fine imposed; except for a five-hundred-dollar mandatory minimum fine which shall be imposed at the time of sentencing.
(V) (A) In addition to any other sentence imposed upon a person for a violation of any criminal law under this title 18, any person convicted of a second or subsequent conviction for any crime, the underlying factual basis of which has been found by the court to include an act of cruelty to animals pursuant to subsection (1) of this section or aggravated cruelty to animals pursuant to subsection (1.5)(b) of this section, is required to pay a mandatory minimum fine of one thousand dollars and is required to complete an anger management treatment program or any other appropriate treatment program.
(B) In addition to any other sentence imposed upon a person for a violation of any criminal law pursuant to this title 18, a person convicted of a second or subsequent conviction for any crime, the underlying factual basis of which has been found by the court to include cruelty to a service animal or a law enforcement animal pursuant to subsection (1.5)(c) of this section or aggravated cruelty to a service animal or aggravated cruelty to a law enforcement animal pursuant to subsection (1.5)(b) of this section, is required to pay a mandatory minimum fine of two thousand dollars and is required to complete an anger management treatment program or any other appropriate treatment program.
(V.5) In addition to any other sentence imposed for a felony conviction pursuant to this section, the court shall enter an order prohibiting the defendant from owning, possessing, or caring for a pet animal as defined in section 35-80-102 (10) as a condition of the sentence for a period of three to five years, unless the defendant's treatment provider makes a specific recommendation not to impose the ban and the court agrees with the recommendation.
(VI) Nothing in this paragraph (a.5) shall preclude the court from ordering treatment in any appropriate case.
(VII) This subsection (2)(a.5) does not apply to the treatment of pack or draft animals by negligently overdriving, overloading, or overworking them, or the treatment of livestock and other animals used in the farm or ranch production of food, fiber, or other agricultural products when the treatment is in accordance with accepted agricultural animal husbandry practices, the treatment of animals involved in activities regulated pursuant to article 32 of title 44, the treatment of animals involved in research if the research facility is operating under rules set forth by the state or federal government, the treatment of animals involved in rodeos, the treatment of dogs used for legal hunting activities, wildlife nuisances, or to statutes regulating activities concerning wildlife and predator control in the state, including trapping.
(b) (I) A second or subsequent conviction under the provisions of paragraph (a) of subsection (1) of this section is a class 6 felony. A plea of nolo contendere accepted by the court shall be considered a conviction for the purposes of this section.
(II) In any case where the court sentences a person convicted of a class 6 felony under the provisions of this paragraph (b) to probation, the court shall, in addition to any other condition of probation imposed, order that:
(A) The offender, pursuant to section 18-1.3-202 (1), be committed to the county jail for ninety days; or
(B) The offender, pursuant to section 18-1.3-105 (3), be subject to home detention for no fewer than ninety days.
(III) In any case where an offender is committed to the county jail or placed in home detention pursuant to subparagraph (II) of this paragraph (b), the court shall enter judgment against the offender for all costs assessed pursuant to section 18-1.3-701, including, but not limited to, the cost of care.
(c) Aggravated cruelty to animals, as described in subsection (1.5)(b) of this section, is a class 4 felony.
(d) (I) If a person is convicted of cruelty to a service animal pursuant to paragraph (c) of subsection (1.5) of this section, the court shall order him or her to make restitution to the agency or individual owning the service animal for any veterinary bills and replacement costs of the service animal if it is disabled or killed as a result of the cruelty to animals incident.
(II) If a person is convicted of cruelty or aggravated cruelty to a service animal or a law enforcement animal pursuant to subsection (1.5)(b) or (1.5)(c) of this section, the court shall order the person to make restitution to the agency or individual owning the service animal or law enforcement animal for all expenses, including any immediate and ongoing veterinary expenses related to the incident, and replacement costs for the service animal or law enforcement animal if it is permanently disabled or killed as a result of the cruelty or aggravated cruelty incident. If the court finds that the person who is convicted of cruelty or aggravated cruelty to a service animal or law enforcement animal pursuant to subsection (1.5)(b) or (1.5)(c) of this section did so with malicious intent, the person shall additionally make restitution to the agency or individual owning the service animal or law enforcement animal for all training and certification costs related to the service animal or law enforcement animal.
(2.5) (a) It is an affirmative defense to a charge brought pursuant to this section involving injury or death to a dog that the dog was found running, worrying, or injuring sheep, cattle, or other livestock.
(b) A person is justified in using physical force upon a law enforcement animal to defend their own person or a third person when the person reasonably believes that a law enforcement animal is an application of unreasonable or excessive force, in violation of section 18-1-707. This is an affirmative defense to a charge brought pursuant to this section that involves injury or death to a law enforcement animal.
(3) Nothing in this part 2 modifies in any manner the authority of the parks and wildlife commission, as established in title 33, C.R.S., or prohibits any conduct authorized or permitted under title 33, C.R.S.
(4) The short title of this section is Punky's Law.
Source: L. 71: R&RE, p. 472, � 1. C.R.S. 1963: � 40-9-202. L. 73: p. 381, � 5. L. 77: (1) amended, p. 969, � 58, effective July 1. L. 90: (1) amended, p. 1612, � 5, effective July 1. L. 92: (1) amended, p. 412, � 1, effective April 29. L. 97: (2)(a.5) added, p. 1569, � 2, effective July 1. L. 2000: (2) amended, p. 1509, � 1, effective September 1; (2)(a.5)(I) amended, p. 1375, � 2, effective September 1. L. 2002: (1.5) and (2)(c) added and (2)(a), (2)(a.5)(I)(A), (2)(a.5)(II), and (2)(b) amended, pp. 1589, 1588, 1587, �� 26, 25, 22, effective July 1; (2)(b) amended, p. 1517, � 204, effective October 1. L. 2003: (2)(b)(I) amended, p. 974, � 9, effective April 17; (1)(a) amended and (1.6) and (1.8) added, p. 2093, � 2, effective July 1; (1)(a), (1.5), (2)(a.5)(I)(A), (2)(a.5)(II), (2)(b)(II), and (2)(b)(III) amended, p. 1434, � 30, effective July 1. L. 2004: (2.5) added, p. 509, � 2, effective April 21. L. 2007: (1)(a) and (1.8) amended, p. 725, � 5, effective July 1. L. 2011: (1.5)(c) and (2)(d) added, (HB 11-1151), ch. 81, p. 219, �� 2, 3, effective August 10. L. 2012: (3) amended, (HB 12-1317), ch. 248, p. 1203, � 5, effective June 4. L. 2016: (1.5)(c), (2)(a), (2)(a.5)(V), and (2)(d) amended and (1.6) repealed, (HB 16-1348), ch. 236, p. 953, � 2, effective June 6. L. 2018: (1.5)(c), (2)(a), (2)(a.5)(V), and (2)(d)(II) amended, (HB 18-1041), ch. 19, p. 267, � 2, effective March 7; (2)(a.5)(VII) amended, (HB 18-1024), ch. 26, p. 322, � 12, effective October 1. L. 2019: (1.5)(c), (2)(a), (2)(a.5)(V), and (2)(d)(II) amended, (HB 19-1180), ch. 75, p. 276, � 2, effective April 4; (2)(a.5)(II), (2)(a.5)(III), and (2)(a.5)(IV) amended and (2)(a.5)(V.5) and (4) added, (HB 19-1092), ch. 137, p. 1736, � 1, effective August 2. L. 2023: (2)(a.5)(V) and (2)(d)(II) amended, (HB 23-1286), ch. 341, p. 2048, � 1, effective June 2; (2)(c) amended, (HB 23-1293), ch. 298, p. 1790, � 37, effective October 1. L. 2024: (1.5), (1.8), (2)(a), (2)(a.5)(V)(B), (2)(c), (2)(d)(II), and (2.5) amended, (HB 24-1074), ch. 69, p. 226, � 2, effective April 17.
Editor's note: (1) Amendments to subsection (2)(a.5)(I) by House Bill 00-1330 and House Bill 00-1422 were harmonized. Amendments to subsection (2)(b) by House Bill 02-1237 and House Bill 02-1046 were harmonized. Amendments to subsection (1)(a) by House Bill 03-1236 and Senate Bill 03-065 were harmonized.
(2) Subsection (2)(a.5)(I)(B) provided for the repeal of subsection (2)(a.5)(I), effective July 1, 2005. (See L. 2000, p. 1375.)
Cross references: For the legislative declaration contained in the 2002 act amending subsection (2)(b), see section 1 of chapter 318, Session Laws of Colorado 2002.
18-9-202.5. Impounded animals - costs of impoundment, provision, and care - disposition - procedures - application - definition. (1) (a) (I) The owner or custodian of an animal that has been impounded by an impound agency because of alleged neglect or abuse or because of investigation of charges of cruelty to animals pursuant to section 18-9-202; animal fighting pursuant to section 18-9-204; mistreatment, neglect, or abandonment under article 42 of title 35, C.R.S.; or unlawful ownership of a dangerous dog as described in section 18-9-204.5, may prevent disposition of the animal by an impound agency by filing a payment for impoundment, care, and provision costs with the court in an amount determined by the impound agency to be sufficient to provide for the animal's care and provision at the impound agency for at least thirty days, including the day on which the animal was taken into custody.
(II) To the extent practicable, within seventy-two hours after an impoundment described under subparagraph (I) of this paragraph (a), upon request from the owner or custodian of the impounded animal, the impound agency shall allow a licensed veterinarian of the owner's or custodian's choosing and at his or her expense to examine the animal at a time and place selected by the impound agency, which examination may include taking photographs of the animal and taking biological samples for the purpose of diagnostic testing.
(b) The owner or custodian must file the payment:
(I) Within ten days after the animal is impounded; or
(II) If the owner or custodian requests a hearing pursuant to subparagraph (I) of paragraph (c) of this subsection (1), in accordance with subparagraph (IV) of paragraph (c) of this subsection (1).
(c) (I) Within ten days after the date of impoundment, the owner or custodian may request a hearing in a criminal court of competent jurisdiction. The owner or custodian must provide notice to the district attorney of his or her request for a hearing. If the owner or custodian requests a hearing, the court shall hold the hearing within ten days after the request is made.
(II) At the hearing, the court shall determine, as appropriate:
(A) Whether costs associated with the impoundment, care, and provision, as determined by the impound agency, are fair and reasonable and necessary, which costs shall be specifically itemized by the impound agency prior to the date of the hearing and shall include, at a minimum, an accounting of the costs of upkeep and veterinary services;
(B) Whether there was sufficient probable cause for the impoundment; and
(C) If the court finds probable cause for impoundment existed and the owner or custodian elects not to pay the reasonable impoundment, care, or provision costs to prevent disposition, release of the animal to the impound agency for disposition.
(III) A warrant issued in accordance with C.R.C.P. 41 (b) authorizing seizure of the impounded animal constitutes prima facie evidence of sufficient cause for impoundment.
(IV) If probable cause is found at a hearing conducted under this paragraph (c), the owner or custodian shall file payment for costs at the hearing.
(d) At the end of the time for which expenses are covered by an initial or any subsequent impoundment, care, and provision payment:
(I) If the owner or custodian desires to prevent disposition of the animal, the owner or custodian must file a new payment with the court within ten days prior to the previous payment's expiration.
(II) If the owner or custodian has not timely filed an additional payment for impoundment, care, and provision costs, the impound agency may determine disposition of the animal unless there is a court order prohibiting disposition. Unless subsection (4) of this section applies, the owner or custodian is liable for any additional costs for the care of, provision for, or disposal of the animal.
(2) (a) Failure to pay the impoundment, care, and provision costs pursuant to subsection (1) of this section results in the forfeiture of the right to contest those costs and any ownership rights to the animal in question.
(b) A dog that is not claimed by its owner within five days after being eligible for release from impoundment for investigation of a charge of unlawful ownership of a dangerous dog as described in section 18-9-204.5 is deemed abandoned and may be disposed of as the impound agency deems proper.
(c) If, in the opinion of a licensed veterinarian, an impounded animal is experiencing extreme pain or suffering or is severely injured past recovery, severely disabled past recovery, or severely diseased past recovery, the animal may be euthanized without a court order.
(3) The court shall order an impound agency to refund to the owner or custodian all impoundment, care, and provision payments made for the animal if, after trial, a judge or jury enters or returns in favor of the owner or custodian a verdict of not guilty for all charges related to the original impoundment of the animal.
(4) (a) With respect to the sale of an animal, the proceeds are first applied to the costs of the sale and then to the expenses for the care of and provision for the animal during impoundment and the pendency of the sale, including expenses incurred by the impound agency that have not been paid by the owner or custodian. If the owner of the animal is convicted of cruelty to animals under section 18-9-202, animal fighting under section 18-9-204, or unlawful ownership of a dangerous dog under section 18-9-204.5 or is found by court order to have mistreated, neglected, or abandoned the animal under article 42 of title 35, C.R.S., the remaining proceeds, if any, are paid to the impound agency. If the owner of the animal is not convicted of such charges or is not found by court order to have mistreated, neglected, or abandoned the animal, the impound agency shall pay over the remaining proceeds, if any, to the owner of the animal.
(b) If the impound agency is the department of agriculture, the department shall transmit the moneys credited for expenses to the state treasurer, who shall credit them to the animal protection fund created in section 35-42-113, C.R.S.
(c) If the owner of the animal cannot be found, the court shall pay any remaining proceeds after all other expenses have been paid to the impound agency into the animal protection fund or, if the impound agency is not the department of agriculture, to such other impound agency as the court orders. An owner claiming the remaining proceeds must make the claim within one year after the payment of the proceeds to the impound agency. A claim not so presented to the court is forever barred unless the court, by proper order made in any case, otherwise decrees. An impound agency shall pay to the claimant any refund ordered by court decree.
(d) At least six days prior to sale of the animal, the impound agency shall provide written notice to the owner, at the owner's last-known address, of the time and place of the sale of the animal.
(e) If the owner of the animal is unknown, the impound agency shall publish for one week, in a newspaper of general circulation in the jurisdiction in which the animal was found, notice of sale of the animal and shall further post notice of the sale of the animal at a place provided for public notices in the jurisdiction in which the sale will take place, at least five days prior to the sale.
(f) This subsection (4) does not apply to the disposition of an animal for a fee by:
(I) Adoption of an animal;
(II) Release of an animal to a rescue group licensed pursuant to article 80 of title 35, C.R.S.;
(III) Release of an animal to another pet animal facility licensed pursuant to article 80 of title 35, C.R.S.; or
(IV) Release of an animal to a rehabilitator licensed by the parks and wildlife division or the United States fish and wildlife service.
(5) For purposes of this section, impound agency means an animal shelter as defined in section 35-80-102 (1), C.R.S., the department of agriculture, created in section 24-1-123, C.R.S., or any other agency that impounds an animal pursuant to paragraph (a) of subsection (1) of this section or section 18-9-202 (1.8).
(6) This section does not apply to animals impounded solely under article 42 of title 35, C.R.S.
Source: L. 99: Entire section added, p. 358, � 4, effective August 4. L. 2001: Entire section amended, p. 87, � 1, effective July 1. L. 2003: Entire section amended, p. 2094, � 3, effective July 1. L. 2004: (1) amended, p. 1760, � 1, effective July 1; (2) amended, p. 1198, � 51, effective August 4. L. 2006: (1)(a) and (2) amended and (1)(c) added, p. 893, � 2, effective August 7. L. 2007: (1)(a) amended, p. 723, � 1, effective July 1. L. 2012: Entire section amended, (HB 12-1125), ch. 102, p. 342, � 1, effective September 1.