4:22-17 Cruelty; Certain Acts, Crime; Degrees.

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ISSUED: 1/1/2017

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Executive Summary

This document outlines New Jersey statute 4:22-17, detailing prohibited acts of animal cruelty and the corresponding legal consequences. The statute broadly defines cruelty to include overworking, overloading, abusing, neglecting, torturing, maiming, and causing sexual contact with animals. It specifies different degrees of offenses, ranging from disorderly persons offenses to crimes of the fourth and third degree, depending on the nature of the act, its outcome (e.g., death or serious injury), and prior convictions. Penalties for violations include significant fines (from $250 to $2,000), imprisonment up to six months, mandatory community service, and court-ordered restitution to cover costs for animal care, replacement, or investigation. The document also addresses jurisdiction for prosecution, specifying municipal court for disorderly persons offenses and Superior Court for higher-degree crimes, and includes provisions for mental health counseling for juvenile offenders. This statute was last amended in 2017.

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--- Document: 4:22-17 Cruelty; Certain Acts, Crime; Degrees. Document ---
4:22-17 Cruelty; certain acts, crime; degrees.   
   a. It shall be unlawful to: 
 
   (1)   Overdrive, overload, drive when overloaded, overwork, abuse, or needlessly 
kill a living animal or creature; 
 
   (2)   Cause or procure, by any direct or indirect means, including but not limited to 
through the use of another living animal or creature, any of the acts described in 
paragraph (1) of this subsection to be done;  
 
   (3)   Inflict unnecessary cruelty upon a living animal or creature, by any direct or 
indirect means, including but not limited to through the use of another living animal 
or creature; or leave the living animal or creature unattended in a vehicle under 
inhumane conditions adverse to the health or welfare of the living animal or creature; 
or  
 
   ( 4)    Fail, as the owner or as a person otherwise charged with the care of a living 
animal or creature, to provide the living animal or creature with necessary care.  
 
   b. (1) A person who violates subsection a. of this section shall be guilty of a 
disorderly persons offense.  Notwithstanding the provisions of N.J.S.2C:43-3 to the 
contrary, for every conviction of an offense pursuant to paragraph (1) or (2) of 
subsection a. of this section, the person shall be fined not less than $250 nor more than 
$1,000, or be imprisoned for a term of not more than six months, or both, in the 
discretion of the court; and for every conviction of an offense pursuant to paragraph 
(3) or (4) of subsection a. of this section, the person shall be fined not less than $500 
nor more than $2,000, or be imprisoned for a term of not more than six months, or 
both, in the discretion of the court.   
 
   (2)   If the person who violates subsection a. of this section has a prior conviction 
for an offense that would constitute a violation of subsection a. of this section, the 
person shall be guilty of a crime of the fourth degree. 
 
   (3)   A person who violates subsection a. of this section shall also be subject to the 
provisions of subsections e. and f. and, if appropriate, subsection g., of this section. 
 
   (4)  The action for the penalty prescribed in this subsection shall be brought in the 
municipal court of the municipality wherein the defendant resides or where the 
offense was committed, except that the municipality may elect to refer the offense to 
the county prosecutor to determine if the offense should be handled in the Superior 
Court or in municipal court. 


 
   c.   It shall be unlawful to purposely, knowingly, or recklessly: 
 
   (1)   Torment, torture, maim, hang, poison, unnecessarily or cruelly beat, cruelly 
abuse, or needlessly mutilate a living animal or creature;  
 
   (2)   Cause bodily injury to a living animal or creature by failing to provide the 
living animal or creature with necessary care, whether as the owner or as a person 
otherwise charged with the care of the living animal or creature;  
 
   (3)   Cause or procure an act described in paragraph (1) or (2) of this subsection to 
be done, by any direct or indirect means, including but not limited to through the use 
of another living animal or creature; or 
 
   (4)   Use, or cause or procure the use of, an animal or creature in any kind of sexual 
manner or initiate any kind of sexual contact with the animal or creature, including, 
but not limited to, sodomizing the animal or creature.  As used in this paragraph, 
"sexual contact" means any contact between a person and an animal by penetration of 
the penis or a foreign object into the vagina or anus, contact between the mouth and 
genitalia, or by contact between the genitalia of one and the genitalia or anus of the 
other.  This term does not include any medical procedure performed by a licensed 
veterinarian practicing veterinary medicine or an accepted animal husbandry practice. 
 
   d. (1) A person who violates paragraph (1), (2), (3) or (4) of subsection c. of this 
section shall be guilty of a crime of the fourth degree, except that the person shall be 
guilty of a crime of the third degree if: 
 
   (a)   the animal or creature dies as a result of the violation; 
 
   (b)   the animal or creature suffers serious bodily injury as a result of the violation; 
or 
 
   (c)   the person has a prior conviction for an offense that would constitute a violation 
of paragraph (1), (2), (3) or (4) of subsection c. of this section. 
 
   (2)   A person who violates any provision of subsection c. of this section shall also 
be subject to the provisions of subsections e. and f. and, if appropriate, subsection g., 
of this section. 
 
   (3)   The action for the penalty prescribed in this subsection shall be brought in the 
Superior Court. 


 
   e.   For a violation of this section, in addition to imposing any other appropriate 
penalties established for a crime of the third degree, crime of the fourth degree, or 
disorderly persons offense, as the case may be, pursuant to Title 2C of the New Jersey 
Statutes, the court shall impose a term of community service of up to 30 days, and 
may direct that the term of community service be served in providing assistance to a 
county society for the prevention of cruelty to animals or any other recognized 
organization concerned with the prevention of cruelty to animals or the humane 
treatment and care of animals, or to a municipality's animal control or animal 
population control program.  
 
   f.   The court also shall require any violator of this section to pay restitution, 
including but not limited to, the monetary cost of replacing the animal if the animal 
died or had to be euthanized because of the extent of the animal's injuries, or 
otherwise reimburse any costs for food, drink, shelter, or veterinary care or treatment, 
or other costs, incurred by the owner of the animal, if the owner is not the person 
committing the act of cruelty, or incurred by any agency, entity, or organization 
investigating the violation, or providing shelter or care for the animal or animals, 
including but not limited to a county society for the prevention of cruelty to animals, 
any other recognized organization concerned with the prevention of cruelty to animals 
or the humane treatment and care of animals, a local or State governmental entity, or a 
kennel, shelter, pound, or other facility providing for the shelter and care of the animal 
or animals involved in the violation. 
 
   g.   If a juvenile is adjudicated delinquent for an act which, if committed by an adult, 
would constitute a disorderly persons offense, crime of the fourth degree, or crime of 
the third degree pursuant to this section, the court also shall order the juvenile to 
receive mental health counseling by a licensed psychologist or therapist named by the 
court for a period of time to be prescribed by the licensed psychologist or therapist. 
 
   amended 1995, c.355, s.2; 1996, c.64, s.1; 2000, c.162, s.1; 2001, c.229, s.1; 2003, 
c.232, s.1; 2005, c.105, s.1; 2013, c.88, s.2; 2015, c.133; 2017, c.331, s.10.