Aggravated cruelty to animals – Definitions – Construction – Penalty

(a) A person commits aggravated cruelty to animals when, with no justifiable purpose, the person intentionally or knowingly: (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.Animal: means a domesticated living creature or a wild creature previously captured. See Tennessee Code 39-14-201Conviction: A judgement of guilt against a criminal defendant.Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.Defendant: means a person accused of an offense under this title and includes any person who aids or abets the commission of such offense. See Tennessee Code 39-11-106Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.Intentional: means that a person acts intentionally with respect to the nature of the conduct or to a result of the conduct when it is the person's conscious objective or desire to engage in the conduct or cause the result. See Tennessee Code 39-11-106Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.Livestock: means all equine as well as animals which are being raised primarily for use as food or fiber for human utilization or consumption including, but not limited to, cattle, sheep, swine, goats, and poultry. See Tennessee Code 39-14-201Minor: means any person under eighteen (18) years of age. See Tennessee Code 39-11-106Non-livestock animal: means a pet normally maintained in or near the household or households of its owner or owners, other domesticated animal, previously captured wildlife, an exotic animal, or any other pet, including but not limited to, pet rabbits, a pet chick, duck, or pot bellied pig that is not classified as "livestock" pursuant to this part. See Tennessee Code 39-14-201Owner: means a person, other than the defendant, who has possession of or any interest other than a mortgage, deed of trust or security interest in property, even though that possession or interest is unlawful and without whose consent the defendant has no authority to exert control over the property. See Tennessee Code 39-11-106Person: includes the singular and the plural and means and includes any individual, firm, partnership, copartnership, association, corporation, governmental subdivision or agency, or other organization or other legal entity, or any agent or servant thereof. See Tennessee Code 39-11-106(1) Kills, maims, tortures, crushes, burns, drowns, suffocates, mutilates, starves, or otherwise causes serious physical injury, a substantial risk of death, or death to a companion animal; or (2) Fails to provide food or water to the companion animal resulting in a substantial risk of death or death. (b) For purposes of this section: (1) [Deleted by 2021 amendment.] (2) “Companion animal” means any non-livestock animal as defined in § 39-14-201; (3) “Elderly” means any person sixty-five (65) years of age or older; and (4) “Minor” means any person under eighteen (18) years of age. (c) Subsection (a) is not to be construed to prohibit or interfere with the following endeavors: (1) Dispatching an animal in any manner absent of aggravated cruelty; (2) Engaging in lawful hunting, trapping, or fishing activities, including activities commonly associated with the hunting of small game as defined in § 70-1-101(a); (3) Dispatching rabid or diseased animals; (4) Dispatching animals posing a clear and immediate threat to human safety; (5) Performing or conducting bona fide scientific tests, experiments or investigations within or for a bona fide research laboratory, facility or institution; (6) Performing accepted veterinary medical practices or treatments; (7) Dispatching animals in accordance with § 44-17-403(e); (8) Engaging, with the consent of the owner of a farm animal, in usual and customary practices which are accepted by colleges of agriculture or veterinary medicine with respect to that animal; (9) Dispatching wild or abandoned animals on a farm or residential real property; or (10) Applying methods and equipment used to train animals. (d) Aggravated cruelty to animals is a Class E felony. (e) In addition to the penalty imposed by subsection (d), the sentencing court shall order the defendant to surrender custody and forfeit all companion animals as defined in subdivision