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Florida Statute 828.12 | Lawyer Caselaw & Research
F.S. 828.12 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 828
ANIMALS: CRUELTY; SALES; ANIMAL ENTERPRISE PROTECTION
View Entire Chapter
F.S. 828.12
828.12 Cruelty to animals.
(1) A person who unnecessarily overloads, overdrives, torments, deprives of necessary sustenance or shelter, or unnecessarily mutilates, or kills any animal, or causes the same to be done, or carries in or upon any vehicle, or otherwise, any animal in a cruel or inhumane manner, commits animal cruelty, a misdemeanor of the first degree, punishable as provided in s. 775.082 or by a fine of not more than $5,000, or both.
(2) A person who intentionally commits an act to any animal, or a person who owns or has the custody or control of any animal and fails to act, which results in the cruel death, or excessive or repeated infliction of unnecessary pain or suffering, or causes the same to be done, commits aggravated animal cruelty, a felony of the third degree, punishable as provided in s. 775.082 or by a fine of not more than $10,000, or both.
(a) A person convicted of a violation of this subsection, where the finder of fact determines that the violation includes the knowing and intentional torture or torment of an animal that injures, mutilates, or kills the animal, shall be ordered to pay a minimum mandatory fine of $2,500 and undergo psychological counseling or complete an anger management treatment program.
(b) A person convicted of a second or subsequent violation of this subsection shall be required to pay a minimum mandatory fine of $5,000 and serve a minimum mandatory period of incarceration of 6 months. In addition, the person shall be released only upon expiration of sentence, is not eligible for parole, control release, or any form of early release, and must serve 100 percent of the court-imposed sentence. Any plea of nolo contendere shall be considered a conviction for purposes of this subsection.
(3) A person who commits multiple acts of animal cruelty or aggravated animal cruelty against an animal may be charged with a separate offense for each such act. A person who commits animal cruelty or aggravated animal cruelty against more than one animal may be charged with a separate offense for each animal such cruelty was committed upon.
(4) A veterinarian licensed to practice in the state shall be held harmless from either criminal or civil liability for any decisions made or services rendered under the provisions of this section. Such a veterinarian is, therefore, under this subsection, immune from a lawsuit for his or her part in an investigation of cruelty to animals.
(5) A person who intentionally trips, fells, ropes, or lassos the legs of a horse by any means for the purpose of entertainment or sport commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this subsection, the term “trip” means any act that consists of the use of any wire, pole, stick, rope, or other apparatus to cause a horse to fall or lose its balance, and the term “horse” means any animal of any registered breed of the genus Equus, or any recognized hybrid thereof. This subsection does not apply when tripping is used:
(a) To control a horse that is posing an immediate threat to other livestock or human beings;
(b) For the purpose of identifying ownership of the horse when its ownership is unknown; or
(c) For the purpose of administering veterinary care to the horse.
(6) In addition to other penalties prescribed by law, a person who is convicted of a violation of this section may be prohibited by the court from owning, possessing, keeping, harboring, or having custody or control over any animal for a period of time determined by the court.
History.s. 4, ch. 4971, 1901; GS 3395; RGS 5244; CGL 7363; s. 2, ch. 70-50; s. 4, ch. 71-12; s. 949, ch. 71-136; s. 1, ch. 82-116; s. 2, ch. 89-194; s. 5, ch. 94-339; s. 1286, ch. 97-102; s. 26, ch. 99-391; s. 35, ch. 2000-308; s. 1, ch. 2002-51; s. 1, ch. 2013-245; s. 2, ch. 2018-87.

F.S. 828.12 on Google Scholar

F.S. 828.12 on Casetext

Amendments to 828.12


Arrestable Offenses / Crimes under Fla. Stat. 828.12
Level: Degree
Misdemeanor/Felony: First/Second/Third

S828.12 1 - CONSERVATION-ANIMALS - TORMENT DEPRIVE MUTILATE KILL - M: F
S828.12 2 - CONSERVATION-ANIMALS - TORTURE INFLCT PAIN SERIOUS PHYSICAL INJ DEATH - F: T
S828.12 4 - CONSERVATION-ANIMALS - RENUMBERED. SEE REC # 7568 - F: T
S828.12 5 - CONSERVATION-ANIMALS - TRIPPING HORSE FOR ENTERTAINMENT - F: T



Annotations, Discussions, Cases:

Cases from cite.case.law:

STATE v. AVELLA,, 275 So. 3d 207 (Fla. App. Ct. 2019)

. . . Thor's rectum and then failing to take Thor to a qualified advanced care clinic fits under section 828.12 . . .

PICCININI, v. STATE, 275 So. 3d 210 (Fla. App. Ct. 2019)

. . . Following a jury trial, John Piccinini was convicted of two counts of animal cruelty pursuant to section 828.12 . . . Section 828.12(2), Florida Statutes (2015), provides: A person who intentionally commits an act to any . . .

REYES, v. STATE, 274 So. 3d 1209 (Fla. App. Ct. 2019)

. . . Section 828.12(2), Florida Statutes (2018), states that "[a] person who intentionally commits an act . . . See § 828.12(2), Fla. Stat. (2018) ; Hynes v. . . .

STATE v. A. ARCHER,, 259 So. 3d 999 (Fla. App. Ct. 2018)

. . . Archer was charged by information with violating section 828.12, Florida Statutes (2017) ("Cruelty to . . .

IN RE AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE REGULAR- CYCLE REPORT., 258 So. 3d 1254 (Fla. 2018)

. . . ..... the child is before the court for disposition for a violation of sections 800.03, 806.031, or 828.12 . . .

STATE v. GARCIA,, 252 So. 3d 783 (Fla. App. Ct. 2018)

. . . The defendant, Yonisley Garcia, was charged with aggravated animal cruelty in violation of sections 828.12 . . .

J. BELL, v. STATE, 216 So. 3d 751 (Fla. Dist. Ct. App. 2017)

. . . . § 828.12(2), Fla. Stat. (2013). .§ 828.122(3)(h), Fla. Stat. (2013). . . . .

KERVIN, v. STATE, 195 So. 3d 1181 (Fla. Dist. Ct. App. 2016)

. . . Appellant, Donald Ray Kervin, challenges his conviction for felony animal cruelty in violation of section 828.12 . . . instruction was error because that instruction was revised to reflect the 2013 amendment to section 828.12 . . . Kervin was charged under section 828.12(2), Florida Statutes (2012), which read: A person who intentionally . . . or causes the same to be done, commits aggravated animal cruelty, a felony of the third degree, , § 828.12 . . . 488 Fed.App’x 421, 425 (2012) (stating that even if the jury convicted the defendant under section 828.12 . . .

REED, v. STATE, 192 So. 3d 641 (Fla. Dist. Ct. App. 2016)

. . . See §§ 828.12(1), .122(2)(a), Fla. Stat. (2011). . . . See §§ 828.12(1) (providing that an'offender is guilty of misdemeanor cruelty to animals when the offender . . .

BROWN, v. STATE, 166 So. 3d 817 (Fla. Dist. Ct. App. 2015)

. . . denying her motion for judgment of acquittal because a felony conviction for animal cruelty under section 828.12 . . . Section 828.12(2), Florida Statutes (2011), provided as follows: A person who intentionally commits an . . . Brown also contends that the 2013 amendment of section 828.12(2) reveals that the 2011 version of the . . . Here, the legislature has confirmed that the change to section 828.12(2) was meant to “specify[ ] that . . . Judge Altenbernd acknowledges that the version of section 828.12(2) in effect at the time Ms. . . . But I am very troubled by the application of section 828.12(2), Florida Statutes (2011), to the facts . . . At the time of this offense, section 828.12(2) was a felony that could be committed by “a person.” . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 143 So. 3d 893 (Fla. 2014)

. . . This instruction was adopted in 2014. 29.13 AGGRAVATED ANIMAL CRUELTY [-FELONY] § 828.12(2), Fla. . . . Enhancement. § 828.12(2)(a), Fla. Stat. . . . definition for terms “Torture” or “Torment” when State seeks sentencing enhancements pursuant to § 828.12 . . . Lesser Included Offenses No ■ lesser -included-offenses-have-been identified-for-this-offensor Comment § 828.12 . . . Included Offenses No lesser included offenses have been id6ntified-for-this-offens67 ANIMAL CRUELTY — 828.12 . . .

M. COMINS, v. VANVOORHIS,, 135 So. 3d 545 (Fla. Dist. Ct. App. 2014)

. . . the second dog behind Comins’ back while Butler was present was unnecessary per Florida State Statute 828.12 . . .

HAMILTON, v. STATE, 128 So. 3d 872 (Fla. Dist. Ct. App. 2013)

. . . The 82-year-old appellant was convicted of violating section 828.12(2), Florida Statutes (2012), which . . . Reynolds is read in conjunction with the rule of lenity, for there to be a conviction under section 828.12 . . .

In AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE, 123 So. 3d 1128 (Fla. 2013)

. . . offenses; . the child is before the court for disposition for a violation of sections 800.03, 806.031, or 828.12 . . .

D. H. a v. STATE, 114 So. 3d 496 (Fla. Dist. Ct. App. 2013)

. . . ; (c) The child is before the court for disposition for a violation of s. 800.03, s. 806.081, or s. 828.12 . . .

In AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE, 115 So. 3d 286 (Fla. 2013)

. . . offenses; . the child is before the court for disposition for a violation of sections 800.03, 806.031, or 828.12 . . .

LUKASZEWSKI, v. STATE, 111 So. 3d 212 (Fla. Dist. Ct. App. 2013)

. . . Lukaszewski appeals his conviction and sentence for felony cruelty to animals in violation of section 828.12 . . . To establish the elements of felony cruelty to animals under section 828.12(2), Florida Statutes (2011 . . . Section 828.12(2), provides that “[a] person who intentionally commits an act to any animal which results . . . Because section 828.12(2) is a general intent statute, it does not require intent to be cruel, but only . . . the alleged abuse was excessive or repeated infliction of pain or suffering in violation of section 828.12 . . .

HORN, v. SECRETARY, FLA. DEPT. OF CORRECTIONS,, 488 F. App'x 421 (11th Cir. 2012)

. . . . § 828.12(2) provides that “a person who intentionally commits an act to any animal which results in . . . The Florida Supreme Court has held that animal cruelty under § 828.12(2) is a general intent crime, so . . . Horn with violating several criminal statutes, including § 828.12(2), and the jury found him guilty of . . . violating § 828.12(2). . . . (Cr.) 29.13 (§ 828.12(2), Fla. Stat.). Mr. . . .

K. M. H. A v. STATE, 91 So. 3d 262 (Fla. Dist. Ct. App. 2012)

. . . ; (c) The child is before the court for disposition for a violation of s. 800.03, s. 806.031, or s. 828.12 . . .

STATE v. MORIVAL,, 75 So. 3d 810 (Fla. Dist. Ct. App. 2011)

. . . suffering by failing to provide adequate food, water, or medical treatment in violation of section 828.12 . . . Morival is correct that section 828.12(1) makes it a misdemeanor to unnecessarily deprive a dog of necessary . . . Section 828.12(2) makes it a felony to “intentionally [commit] an act to any animal which results in . . . Compare § 828.12(2) with § 828.12(1). . . . Section 828.12(1) provides that [a] person who unnecessarily overloads, overdrives, torments, deprives . . .

B. BLOOM v. MIAMI- DADE COUNTY, a S. P. C. A. W. Jr., 816 F. Supp. 2d 1265 (S.D. Fla. 2011)

. . . . § 828.12 which provides, inter alia, that it is a felony to intentionally deprive an animal of necessary . . .

HORN, v. STATE, 17 So. 3d 342 (Fla. Dist. Ct. App. 2009)

. . . . § 828.12(2), Fla. Slat. (2007). . . .

M. KING, v. STATE, 12 So. 3d 1271 (Fla. Dist. Ct. App. 2009)

. . . 784.021(1), Florida Statutes (2007), and of animal cruelty in the death of a dog in violation of section 828.12 . . . The first issue involves construction of section 828.12, Florida Statutes, which provides in relevant . . . third degree, punishable as provided in s. 775.082 or by a fine of not more than $10,000, or both. § 828.12 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 3 So. 3d 1172 (Fla. 2009)

. . . See § 828.12, Fla. . . . 29.13(b), we have included reference to the statutory provision that defines "animal cruelty," section 828.12 . . .

HYNES, v. STATE, 1 So. 3d 328 (Fla. Dist. Ct. App. 2009)

. . . The animal cruelty statute, section 828.12, Florida Statutes (2007) provides as follows: Cruelty to animals . . . Procedure 3.620, the trial court announced that the felony counts under sub-section two of section 828.12 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 994 So. 2d 1038 (Fla. 2008)

. . . 1995 [657 So.2d 1152],-and 2007 [962 So.2d 310 ], and 2008. 29.13(a) ANIMAL CRUELTY (MISDEMEANOR) § 828.12 . . .

UNITED STATES v. J. STEVENS,, 533 F.3d 218 (3d Cir. 2008)

. . . . § 828.12 (2002); Ga.Code Ann. § 16-12-4 (2000); Haw.Rev.Stat. § 711-1109 (2007); Idaho Code Ann. §§ . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 976 So. 2d 1081 (Fla. 2008)

. . . Driving_316.192_28.5 Comments This instruction was adopted in 2008. 29.13 ANIMAL CRUELTY [FELONY] {§ 828.12 . . . definition for terms “Torture” or “Torment” when State seeks sentencing enhancements pursuant to § 828.12 . . .

BARTLETT, v. STATE, 972 So. 2d 224 (Fla. Dist. Ct. App. 2007)

. . . The State charged Bartlett with felony cruelty to animals, in violation of section 828.12(2), Florida . . .

BARTLETT, v. STATE, 929 So. 2d 1125 (Fla. Dist. Ct. App. 2006)

. . . Appellant, William Bartlett, was convicted of felony cruelty to animals, in violation of section 828.12 . . . Section 828.12(2) provides that: [a] person who intentionally commits an act to any animal which results . . . Section 828.12(2) criminalizes any “act” which results in the cruel death. . . . Section 828.12 applies to even the unintended consequence of a lawful act. . . . Under these circumstances, the hunter has violated section 828.12(2) by intentionally firing the shot . . .

S. SULT, v. STATE, 906 So. 2d 1013 (Fla. 2005)

. . . In Reynolds, section 828.12, Florida Statutes (1997), prohibiting cruelty to animals, was upheld against . . . Id. at 47 (quoting § 828.12(2), Fla. Stat. (1997)). . . .

J. P. a v. STATE, 895 So. 2d 1202 (Fla. Dist. Ct. App. 2005)

. . . J.P. was charged with animal cruelty under section 828.12(2), Florida Statutes, which provides that, . . .

ANIMAL RIGHTS FOUNDATION OF FLORIDA, INC. v. SIEGEL, 867 So. 2d 451 (Fla. Dist. Ct. App. 2004)

. . . stating that "we will not presently be able to sustain a prosecution for animal abuse under section 828.12 . . .

REYNOLDS, v. STATE, 842 So. 2d 46 (Fla. 2002)

. . . We conclude that section 828.12(2), Florida Statutes (1997), prohibiting cruelty to animals, constitutes . . . BACKGROUND Petitioner, Ronald Reynolds, was convicted of felony animal cruelty pursuant to section 828.12 . . . The district court affirmed the conviction and held that (1) section 828.12(2) only required general . . . intent, and (2) the lack of a specific intent element in section 828.12(2) did not render the statute . . . See also § 828.12(2), Fla. Stat. (1997). . . .

AAROE, v. STATE, 788 So. 2d 340 (Fla. Dist. Ct. App. 2001)

. . . Bruce Aaroe was convicted by a jury, pursuant to section 828.12(2), Florida Statutes (1999), of felony . . .

REYNOLDS, v. STATE, 784 So. 2d 509 (Fla. Dist. Ct. App. 2001)

. . . the ... excessive or repeated infliction of unnecessary pain or suffering” in violation of section 828.12 . . . He claims that (1) section 828.12(2) is facially unconstitutional because it does not include a specific . . . Section 828.12(2), Florida Statutes (1997), reads: (2) A person who intentionally commits an act to any . . . The fact that section 828.12(2), Florida Statutes (1997), requires only general, rather than specific . . . We hold that section 828.12(2) is not unconstitutional because it lacks a specific intent element. . . .

PETERSON, v. STATE, 765 So. 2d 861 (Fla. Dist. Ct. App. 2000)

. . . See § 828.12, Fla. Stat.; Wilkerson v. State, 401 So.2d 1110 (Fla.1981); C.E. America, Inc. v. . . . . § 828.12, Fla. Stat. . § 828.13, Fla. Stat. . . .

STATE v. R. SIMBACH,, 742 So. 2d 365 (Fla. Dist. Ct. App. 1999)

. . . The State charged Simbach with cruelty to animals in violation of section 828.12(2), Florida Statutes . . . unnecessary pain or suffering, or causes the same to be done, is guilty of a felony of the third degree.... § 828.12 . . . Simbach’s motion argued that Simbach cannot be convicted under section 828.12 because he did not intend . . . We agree with the trial court’s interpretation of section 828.12 as requiring a specific intent to cause . . .

B. S. a v. STATE, 661 So. 2d 19 (Fla. Dist. Ct. App. 1994)

. . . portion of the trial court’s adjudication of delinquency that determined B.S. had violated section 828.12 . . . impermissible because it will last beyond the five-year statutory maximum sentence for a violation of section 828.12 . . .

CHURCH OF THE LUKUMI BABALU AYE, INC. v. CITY OF HIALEAH, 508 U.S. 520 (U.S. 1993)

. . . .” §828.12. . . . clarification, Hialeah’s city attorney requested an opinion from the attorney general of Florida as to whether §828.12 . . . animals for purposes other than food consumption” was not a “necessary” killing and so was prohibited by §828.12 . . . Stat. §828.12 (1987). . . . Indeed, one of the few reported Florida cases decided under § 828.12 concludes that the use of live rabbits . . .

CHURCH OF THE LUKUMI BABALU AYE, INC. v. CITY OF HIALEAH,, 723 F. Supp. 1467 (S.D. Fla. 1989)

. . . ordinances were invalid, Plaintiffs would still be prohibited from performing ritual sacrifices under § 828.12 . . . Animal sacrifice also violates Florida Statutes § 828.12, which makes it a criminal violation for one . . . ritual killing of an animal does not constitute a “necessary” killing so as to make the prohibition in § 828.12 . . . While § 828.27 focuses on ordinances with a civil penalty, another section of that Chapter, § 828.12, . . . Section 828.12 was recently amended to include a provision making intentional torture of animals punishable . . .

C. W. a v. STATE, 528 So. 2d 66 (Fla. Dist. Ct. App. 1988)

. . . The arrest form stated that C.W. had been arrested for cruelty to animals in violation of section 828.12 . . . C.W. correctly asserts that the offense of cruelty to animals delineated in section 828.12 is a first-degree . . . However, Officer Riley’s citation to section 828.12 on the arrest form does not determine the validity . . .

STATE v. M. ROESS,, 451 So. 2d 879 (Fla. Dist. Ct. App. 1984)

. . . Respondent was convicted by a jury in the county court of cruelty to animals, a violation of section 828.12 . . .

THEORET v. STATE OF FLORIDA, 4 Fla. Supp. 2d 107 (Fla. Cir. Ct. 1982)

. . . F.S. 828.12(1981) The relevant portions of the trial transcript, pg. 16-30, reveal that despite the persistent . . .

WILKERSON, v. STATE, 401 So. 2d 1110 (Fla. 1981)

. . . ALDERMAN, Justice, concurring specialty- Because Wilkerson’s conduct was clearly proscribed by section 828.12 . . . This cause is before us to review a county court order upholding the constitutionality of section 828.12 . . . guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. § 828.12 . . .

J. DANIELS, v. STATE, 351 So. 2d 749 (Fla. Dist. Ct. App. 1977)

. . . The final statute — Section 828.12, Florida Statutes— is the only one of the four still in force. . . . For its own reasons the state chose to charge the appellant under 828.07 rather than 828.12. . . . Whether dogs are covered by the presently applicable Section 828.12 is another question for another time . . .

D. KIPER v. STATE, 310 So. 2d 42 (Fla. Dist. Ct. App. 1975)

. . . seeking to establish by that witness that appellants’ actions were in violation of F.S. 828.02 and F.S. 828.12 . . . appellee here, failed to establish by a preponderance of the evidence violation of F.S. 828.02 or F.S. 828.12 . . . This action was brought pursuant to § 828.12, Florida Statutes, which states as follows: “Whoever unnecessarily . . .

C. E. AMERICA, INC. v. ANTINORI, Jr., 210 So. 2d 443 (Fla. 1968)

. . . and the testimony of the witnesses, the trial judge ruled that the performance would not violate St. 828.12 . . . St. 828.12, F.S.A., provides: “Whoever unnecessarily overloads, overdrives, tortures, torments, deprives . . .

MIKELL v. HENDERSON,, 63 So. 2d 508 (Fla. 1953)

. . . is contended by the appellee that such fighting is cruelty to animals and is condemned by Sections 828.12 . . . The section of the statute involved is Section 828.12, F.S.A. which reads as follows: “Whoever unnecessarily . . . Necessarily involved in connection with Section 828.12, F.S.A. is Section 828.02, F.S.A., which is as . . . Section 828.15, F.S.A. is as follows: “Nothing in §§ 828.12-828.14 shall be construed to apply to poultry . . .