Florida criminal charge
Cruelty to animals in Florida
Cruelty to animals is a criminal offense under Florida law, defined by Fla. Stat. § 828.12. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 828.12.
How is cruelty to animals classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Animal cruelty | Misdemeanor of the First Degree | A person unnecessarily overloads, overdrives, torments, deprives of necessary sustenance or shelter, unnecessarily mutilates, or kills any animal, or transports an animal in a cruel or inhumane manner. | Fla. Stat. § 828.12(1) |
| Aggravated animal cruelty | Felony of the Third Degree | A person intentionally commits an act, or an owner/custodian fails to act, resulting in the cruel death or excessive/repeated infliction of unnecessary pain or suffering on an animal. | Fla. Stat. § 828.12(2) |
| Horse tripping | Felony of the Third Degree | A person intentionally trips, fells, ropes, or lassos the legs of a horse for entertainment or sport, unless an exception under (5)(a)-(c) applies. | Fla. Stat. § 828.12(5) |
Common questions about cruelty to animals in Florida
Is cruelty to animals a felony or a misdemeanor in Florida?
It depends on the circumstances: cruelty to animals ranges from a Misdemeanor of the First Degree to a Felony of the Third Degree in Florida under Fla. Stat. § 828.12.
Animal cruelty: Misdemeanor of the First Degree (Fla. Stat. § 828.12(1)) · Aggravated animal cruelty: Felony of the Third Degree (Fla. Stat. § 828.12(2)) · Horse tripping: Felony of the Third Degree (Fla. Stat. § 828.12(5))
Which Florida statute covers cruelty to animals?
Cruelty to animals is governed by Fla. Stat. § 828.12 (Cruelty to animals).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.