OUJI-CR 7-2

CRUELTY TO ANIMALS -- ELEMENTS

No person may be convicted of cruelty to animals unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, willfully/maliciously;

Second, caused/procured/permitted/instigated/(tend ed to further);

Third, any animal in subjugation or captivity;

Fourth, (to be)/being overdriven/overloaded/tortured/ destroyed/killed/ (cruelly beaten)/(cruelly injured)/maimed/mutilated/(deprived of necessary food, drink, or shelter).

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Statutory Authority: 21 O.S. 1991, § 1685.

Committee Comments

4 O.S. Supp. 1995, § 41 authorizes the killing of a member of the dog or cat family that chases or worries livestock while off of its owner's premises, and an appropriate instruction should be given if that is a defense.