76-13-104. Enhanced penalties for cruelty to animal offenses.
(1) 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, regardless of whether the charge was, or is, subsequently reduced or dismissed in accordance with the plea in abeyance agreement. Title 77, Chapter 2a, Pleas in Abeyance Terms defined in Sectionsandapply to this section. 76-1-101.5 76-13-101
(2) Except as provided in Subsection, an actor who commits a violation of Section,,, orwithin the state and on at least one previous occasion has been convicted of violating Section,,, orshall be subject to an enhanced penalty as provided in Subsection. (4) 76-13-202 76-13-203 76-13-206 76-13-208 76-13-202 76-13-203 76-13-206 76-13-208 (3)
(3) The enhanced degree of offense for offenses committed under this section are: if the offense is a class C misdemeanor, it is a class B misdemeanor; and 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, Torturing a companion animal. 76-13-204