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