(a) If any person should use any kind of poison, even if he/she hires a third party for such a purpose, without making the necessary provisions to prevent bodily injuries to animals other than pests, he/she shall be accused of a misdemeanor that entails the imposition of an individual fine not to exceed ninety (90) days, a fine or a daily punishment by community service not to exceed ninety (90) days, or home confinement or house arrest in calendar days for up to ninety (90) days, or a combination of these punishments, which shall sum up to not more than ninety (90) days. The fact that the animal has entered his/her premises shall not constitute a defense. Instances of recidivism shall be typified as misdemeanors that entail a fine of up to five thousand dollars ($5,000) and/or punishment by imprisonment for up to six (6) months. A subsequent instance of recidivism shall be typified as a fourth-degree felony.
(b) Poisoning an animal constitutes a fourth-degree felony if:
(1) An animal ingests the poison laid out without proper precautions and this results in a severe bodily injury of the animal.
(A) If upon conviction, the accused qualifies and avails him/herself of serving time on probation or of any alternative method other than jail imprisonment, the punishment shall entail a mandatory fine ranging from one thousand [dollars] ($1,000) to five thousand dollars ($5,000).
(c) Poisoning an animal is typified as a third-degree felony if:
(1) There is a willful administration to any animal of any poison or poisonous substance that causes a severe bodily injury or death.
(A) If upon conviction under this subsection, the accused qualifies and avails him/herself of serving time on probation or of any alternative method other than jail imprisonment, the punishment shall entail a mandatory fine ranging from three thousand [dollars] ($3,000) to ten thousand dollars ($10,000).
History —Aug. 4, 2008, No. 154, § 2.11.