States' Animal Laws

2019 U.S. Animal Protection Laws State Rankings (The Best And Worst States For Animal Protection Laws):

Top Tier

1.  Illinois

2. Oregon

3. Colorado

4. Maine

5.Rhode Island

6. Massachusetts

7. Louisiana

8.  California

9. Washington

10. Florida

11. Texas

12. Indiana

13. Michigan

14. New Hampshire

15. Pennsylvania

Middle Tier

16. Virginia

17. New Jersey

18. West Virginia

19. Nevada

20. Vermont

21.  Nebraska

22. Kansas

23.  Delaware

24. Tennessee

25. Connecticut

26. Minnesota

27. Arizona

28. Oklahoma

29.  Ohio

30. Wisconsin

31. Maryland

32. New York

33. South Dakota

34. Arkansas

35.  Missouri

Bottom Tier

36. Alaska

37. Montana

38. Hawaii

39. North Carolina

40.  Georgia

41.  North Dakota

42. South Carolina

43.  Utah

44.  Alabama

45.  Idaho

46. Wyoming

47. Kentucky

48.  New Mexico

49. Iowa

50 Mississippi

State strengths and weaknesses

Every state and territory, regardless of rank, has room for improvement. Here, the Animal Legal Defense Fund has highlighted some strengths and weaknesses in each jurisdiction’s animal protection laws. The number of strengths or weaknesses listed varies based upon the jurisdiction’s rank as follows:

Top Tier—3 strengths & 2 weaknesses

Middle Tier—2 strengths & 3 weaknesses

Bottom Tier—1 strength & 4 weaknesses

The disparity in various jurisdictions’ animal protection laws demonstrates the unfortunate reality that, in many places, the law significantly underrepresents animals’ interests. However, the Rankings Report also presents an opportunity to improve laws everywhere. New animal protection laws continue to be implemented around the country by motivated lawmakers and their constituents—just like you. As new laws are enacted and utilized, states and territories can learn from one another, building upon statutes that have been successful in other jurisdictions to create strong and effective protections for animals. Note the weaknesses in your jurisdiction’s laws for areas where your state or territory can improve. Look at other states’ strengths—particularly those that have ranked highly—for ideas your jurisdiction can draw upon to improve its own laws.

Examples of States in Each Tier:

Illinois

Overall Rank: #1 (Top Tier)

+ Felony animal fighting provisions for all species, and animal fighting is a RICO offense

+ Other agencies or departments have a duty to report suspected animal cruelty

+ Protection orders may include animals

- Post-conviction forfeiture of animals is not mandatory

- No immunity for civilians rescuing animals from unattended vehicles

Colorado

Overall Rank: #3 (Top Tier)

+ Veterinarians must report suspected animal cruelty, and have immunity for doing so

+ Court may order pre-conviction forfeiture of cruelly treated animals

+ Mandatory mental health evaluation/treatment for convicted offenders

- No court-calendar priority when animals are in custody

- Possession ban statute only includes "pet animal[s]" and is not mandatory for misdemeanor animal cruelty

Massachusetts

Overall Rank: #6 (Top Tier)

+ Felony provisions for cruelty, neglect, fighting, abandonment, and sexual assault

+ Mandatory post-conviction forfeiture

+ Protection orders may include animals

- Care requirements are not well defined

- No statutorily authorized sentencing to mental health evaluation or treatment

California

Overall Rank: #8 (Top Tier)

+ Animals may be included in protection orders

+ Veterinarians must report suspected animal cruelty, and have immunity for doing so

+ Mandatory post-conviction possession ban

- Seizure and pre-conviction forfeiture statute is not clear, and pre-conviction forfeiture is very limited

- Care requirements/standards are not well defined

Texas

Overall Rank: #11 (Top Tier)

+ Sexual assault statute is adequately defined, addressed related crimes, and is a sex offense

+ Sentence enhancements for repeat animal abusers and cases involving multiple animals

+ Court may order pre-conviction forfeiture of cruelly treated animals

- Other agencies or departments are not required to report suspected animal cruelty

- No immunity for law enforcement or civilians rescuing animals from unattended vehicles

New Hampshire

Overall Rank: #14 (Top Tier)

+ Court calendar priority when animals are in custody

+ Animals may be included in protection orders

+ Mandatory post-conviction possession bans

- Veterinarians are not required to report suspected animal cruelty

- No provisions for pre-conviction restitution or forfeiture

Virginia

Overall Rank: #16 (Middle Tier)

+ Wide range of care standards/requirements including food, water, shelter, care, and space, which are well-defined

+ Veterinarians must report suspected animal cruelty, and have immunity for doing so

- No statutory authorization for post-conviction forfeiture of most species

- No felony provisions for abandonment of animals

- Sexual assault of animals statute is poorly defined

Tennessee

Overall Rank: #24 (Middle Tier)

+ Other agencies or departments have a duty to report suspected animal cruelty

+ Animals may be included in protection orders

- Veterinarians are not required to report suspected animal cruelty

- Care requirements/standards are not well defined

- Felony-level cruelty provisions only apply to select species

New York

Overall Rank: #32 (Middle Tier)

+ Legal mechanism for pre-conviction forfeiture of cruelly treated animals

+ Peace officers have a duty to enforce animal cruelty laws

- Care requirements/standards are not well defined

- No felony provisions for abandonment, neglect, or sexual assault of animals

- - Other agencies or departments are not required to report suspected animal cruelty

Alaska

Overall Rank: #36 (Bottom Tier)

+ Wide range of care standards/requirements including food, water, shelter, care, and space

- Definition of “animal” is limited

- Other agencies or departments are not required to report suspected animal cruelty

- Veterinarians are not required to report suspected animal cruelty

- No statutorily authorized sentencing to mental health evaluation or treatment nts are not required to report suspected animal cruelty

Hawaii

Overall Rank: #38 (Bottom Tier)

+ Mandatory post-conviction possession ban

- No prohibition on sexual assault of an animal

- No felony provisions for animal neglect or abandonment

- Felony animal fighting only covers limited species

- Veterinarians are not required to report suspected animal cruelty

North Carolina

Overall Rank: #39 (Bottom Tier)

+ Animal cruelty is an abatable civil nuisance

- Neglect laws do not include requirements for shelter, veterinary care, etc.

- Has an ag-Gag law

- No statutorily authorized sentencing to mental health evaluation or treatment

- No sentence enhancements for repeat animal abusers

Mississippi

Overall Rank: #50 (Bottom Tier)

+ Legal mechanism for pre-conviction forfeiture of cruelly treated animals

- Very limited felony provisions for first time cruelty to animals (only fighting and malicious injury to “livestock”)

- Felony provisions available only for cruelty against select animals and fighting select animals

- No statutory authority to allow protective orders to include animals

- No mandatory forfeiture of animals upon conviction, and permissive forfeiture only available for select animals

US Territories: 

District of Columbia

Overall Rank: #1 (Top Tier)

+ Wide range of care standards/requirements including food, water, shelter, care, and space, and standards are well-defined

+ Other agencies or departments have a duty to report suspected animal cruelty

+ Protection orders may include animals

- No prohibition of sexual assault of animals

- Veterinarians are not required to report suspected animal cruelty and do not have immunity for doing so

U.S. Virgin Islands

Overall Rank: #2 (Top Tier)

+ Wide range of care standards/requirements including food, water, shelter, care, and space

+ Veterinarians must report suspected animal cruelty, and have immunity for doing so

+ Mandatory post-conviction possession ban

- Definition of “animal” is limited

- No felony provisions for neglect or abandonment

Puerto Rico

Overall Rank: #3 (Middle Tier)

+ Wide range of care standards/requirements including food, water, shelter, care, and space, which are well-defined

+ Felony provisions for cruelty, neglect, abandonment, fighting, and sexual assault of animals

- Cockfighting is not criminalized under territory’s law

- Veterinarians are not required to report suspected animal cruelty

- No provisions for pre-conviction restitution or forfeiture of cruelly treated animals

Guam

Overall Rank: #4 (Middle Tier)

+ Wide range of care standards/requirements including food, water, shelter, care, and space

+ Felony provisions for first-time neglect

- Cockfighting is legal

- No prohibition on sexual assault of an animal

- No statutorily authorized post-conviction possession bans

American Samoa

Overall Rank: #5 (Bottom Tier)

+ NOTE: The American Samoa Islands Commonwealth Code does not contain enough provisions that are akin to animal cruelty prohibitions as seen in the states. However, there are some provisions relating to hunting, fishing, or otherwise taking wildlife, as well as keeping certain wildlife.

Northern Mariana Islands

Overall Rank: #6 (Bottom Tier)

+ NOTE: The Northern Mariana Islands Commonwealth Code does not contain any provisions that are akin to animal cruelty prohibitions as seen in the states. However, there are some provisions relating to hunting, fishing, or otherwise taking wildlife, as well as keeping certain wildlife.

https://aldf.org/project/us-state-rankings/