Someone called animal control. Or a neighbor called the police. Or a pet died, got hurt, or was taken from your home, and now an officer wants to talk. An animal cruelty charge in Massachusetts is serious.
I’ll walk you through what the Massachusetts statute actually says. I’ll go in the order a case usually unfolds: what the charge is, the acts it lists, who can be charged, what must be proved, how the case starts, the penalties, related charges, and how a defense is built.
What Animal Cruelty Means Under Massachusetts Law
Animal cruelty is treating an animal in one of the specific ways G.L. c. 272, § 77 lists, from torturing it to failing to give it food and shelter. The statute is long, but it is a list. Each item on it describes a different way to commit the offense.
Section 77 allows a sentence in the state prison. Under G.L. c. 274, § 1, “a crime punishable by … imprisonment in the state prison is a felony.” So a charge under § 77 is a felony charge.
The statute also gives the district courts their own jurisdiction over it. I explain that below.
The Acts the Statute Lists
Section 77 does not use one broad word. It names specific conduct. The first group applies to “whoever” does these things to an animal, or causes or procures them to be done:
- overdrives, overloads, or drives it when overloaded;
- overworks it;
- tortures or torments it;
- deprives it of necessary sustenance;
- cruelly beats it;
- mutilates or kills it.
The statute also covers anyone who “uses in a cruel or inhuman manner in a race, game, or contest, or in training therefor, as lure or bait a live animal,” except an animal used as lure or bait in fishing.
A second group applies to a person “having the charge or custody of an animal, either as owner or otherwise.” That person is covered who:
- inflicts unnecessary cruelty on the animal; or
- unnecessarily fails to provide proper food, drink, shelter, a sanitary environment, or protection from the weather.
A third group applies to an “owner, possessor, or person having the charge or custody of an animal” who:
- cruelly drives or works it when it is unfit for labor;
- willfully abandons it;
- carries it, or causes it to be carried, in or upon a vehicle or otherwise in an unnecessarily cruel or inhuman manner, or in a way that might endanger the animal; or
- “knowingly and willfully authorizes or permits it to be subjected to unnecessary torture, suffering or cruelty of any kind.”
Who Can Be Charged
You do not have to own the animal to be charged. The statute reaches three kinds of people, and the words matter.
- “Whoever” does the listed acts, including by causing or procuring them.
- Anyone “having the charge or custody” of an animal, “either as owner or otherwise.”
- An owner, a possessor, or a person having charge or custody, for the conduct listed in the third group.
Notice the word “permits.” A person can be charged for knowingly and willfully allowing an animal to be subjected to unnecessary suffering, not only for doing something directly. The statute does not define “charge or custody.” Who had it, and when, is a question the Commonwealth has to answer.
What the Commonwealth Must Prove
Section 77 is a list, so the Commonwealth has to prove the particular item it charged. Reading the statute closely, each charge has these parts.
- The person: the defendant is within the group the part of the statute describes (anyone, a custodian or owner, or an owner, possessor, or custodian).
- The act: the defendant did the listed thing, or caused or procured it, or in the last clause authorized or permitted it.
- The state of mind, where the words call for it: some parts use “cruelly,” “unnecessarily,” or “unnecessary,” and the last clause requires “knowingly and willfully.”
The statute does not define “cruelly,” “unnecessary,” or “animal” for purposes of § 77. Court decisions fill in what those words mean. This article sticks to the statute’s own words.
How the Case Starts and Where It Is Heard
A case can start with an arrest, with a summons telling you to come to court, or with notice of a hearing before a clerk-magistrate. My article on what happens when you’re arrested explains the first hours of an arrest. If you receive a summons, see what a criminal summons means.
Under G.L. c. 218, § 35A, a person who is not under arrest and is the subject of a misdemeanor complaint must be given an opportunity to be heard before process issues, with exceptions. For a felony complaint, the opportunity applies when a law enforcement officer who brought the complaint requests it, and otherwise is left to the discretion of the court officials. If you get notice, read what is a show-cause hearing.
Your first court date is the arraignment, where the charge is formally read. See what happens at an arraignment. After that, the case moves toward a pre-trial conference, where the lawyers discuss it before any trial.
Section 77 has its own rule on court. It says that “notwithstanding section 26 of chapter 218 or any other general or special law to the contrary, the district courts and the divisions of the Boston municipal court department shall have original jurisdiction, concurrent with the superior court, of a violation of this section.”
Penalties for Animal Cruelty
The penalty depends on whether this is a first offense. Here is what § 77 says.
- First offense: imprisonment in the state prison for not more than 7 years, or imprisonment in the house of correction for not more than 2½ years, or a fine of not more than $5,000, or both a fine and imprisonment.
- Second or subsequent offense: imprisonment in the state prison for not more than 10 years, or a fine of not more than $10,000, or both.
Those are the maximums the legislature set. They do not tell you what will happen in any one case.
The statute adds two consequences that apply “in addition to any other penalty.” First, on conviction the defendant “shall forfeit” the animal to a society for the prevention of cruelty to animals, or a similar organization. Second, a person convicted of a crime of cruelty to an animal “shall be prohibited from working in any capacity that requires such person to be in contact with an animal.” The statute lists examples, including boarding and training establishments, shelters, pet shops, grooming facilities, breeders, and veterinary clinics.
If the case involves an alleged loss to someone, see my article on restitution in Massachusetts criminal cases.
Related Animal Charges
Section 77 is not the only animal statute. Others carry their own elements and penalties, including:
- G.L. c. 272, § 77A, which covers willfully injuring or interfering with a dog or horse owned by a police department or police agency.
- G.L. c. 272, § 77C, which covers sexual contact with an animal and has its own definitions.
- G.L. c. 266, § 112, which covers wilfully and maliciously killing, maiming, or disfiguring “any horse, cattle or other animal of another person,” or exposing poison with intent that an animal swallow it.
Section 77’s forfeiture provision also names §§ 77A and 77C. The right charge matters, because the elements and penalties differ.
Defenses Built on the Statute’s Words
A defense starts with the charge itself. If the Commonwealth cannot prove a required part of it, that is a defense. These are the questions that come out of § 77.
- Which part of § 77 is charged, and does the person charged fall within it?
- Did this person have “charge or custody” of the animal at the time?
- Was the conduct “cruel,” “unnecessary,” or “unnecessarily” done, as the part charged requires?
- Is the charge based on something the person did, caused or procured, or only permitted? If permitted, is there proof the person acted “knowingly and willfully”?
- If the charge involves death or injury to an animal, who caused it?
- Is a different statute a better fit for what happened?
These questions are not a checklist for any one case. They are the places where the statute puts a burden on the Commonwealth. Related defense topics are covered in my articles on self defense for animals and defense of property.
Frequently Asked Questions
Is animal cruelty a felony in Massachusetts?
Under § 77, yes. The statute allows imprisonment in the state prison, and G.L. c. 274, § 1 says a crime punishable by state prison is a felony.
Can I be charged if I don’t own the animal?
Yes. The statute applies to “whoever” does the listed acts, and to anyone with “charge or custody” of an animal as owner “or otherwise.”
Can I be charged for not feeding an animal?
The statute covers a person with charge or custody who “unnecessarily fails to provide” proper food, drink, shelter, a sanitary environment, or protection from the weather.
Do I lose the animal if I’m convicted?
Section 77 says that on conviction the defendant “shall forfeit” the animal to a society for the prevention of cruelty to animals or a similar organization.
Can a conviction affect my job?
Section 77 prohibits a person convicted of cruelty to an animal from working in any capacity that requires contact with an animal. It lists boarding and training establishments, shelters, pet shops, groomers, breeders, and veterinary clinics, among others.
What is the maximum penalty?
For a first offense, up to 7 years in state prison, or up to 2½ years in the house of correction, or a fine of up to $5,000, or both a fine and imprisonment. For a second or later offense, up to 10 years in state prison, or a fine of up to $10,000, or both.
Facing an Animal Cruelty Charge? Talk to a Lawyer
An animal cruelty charge is a felony charge, and the details of who had custody, what happened, and what you knew all matter. You should not face it alone. The Law Office of William J. Barabino in Medford has over 23 years of experience in Massachusetts criminal defense and represents clients throughout Greater Boston.
Call 781-393-5900 to talk about your charge and your options.
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Disclaimer
This article is for general educational information about Massachusetts criminal law. It is not legal advice for your situation, and reading it does not create an attorney-client relationship. Laws change. For advice about a specific case, speak with a licensed Massachusetts attorney.
