ARTICLE 2 - PROPERTY DESTRUCTION AND DEFACEMENT

 

6-3-201.  Property destruction and defacement; grading; penalties; aggregated costs or values.

 

(a)  A person is guilty of property destruction and defacement if he knowingly defaces, injures or destroys property of another without the owner's consent.

 

(b)  Property destruction and defacement is:

 

(i)  A misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both, if the cost of restoring injured property or the value of the property if destroyed is less than one thousand dollars ($1,000.00);

 

(ii)  Repealed by Laws 1985, ch. 44, 2.

 

(iii)  A felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both, if the cost of restoring injured property or the value of the property if destroyed is one thousand dollars ($1,000.00) or more.

 

(c)  If a series of injuries results from a single continuing course of conduct, a single violation of this section may be charged and penalties imposed based upon the aggregate cost or value of the property injured or destroyed.

 

6-3-202.  Altering landmarks; penalties.

 

(a)  A person is guilty of altering landmarks if, with intent to destroy or deface the mark on a monument, landmark or bearing-tree designating the corner or boundary of a tract of land, he knowingly:

 

(i)  Displaces the monument or landmark;

 

(ii)  Defaces or alters the mark; or

 

(iii)  Breaks, cuts down or removes the monument, landmark or bearing-tree.

 

(b)  Altering landmarks is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.

 

6-3-203.  Cruelty to animals; penalties; limitation on manner of destruction.

 

(a)  A person commits cruelty to animals if he knowingly and with intent to cause death, injury or undue suffering:

 

(i)  Overrides an animal or drives an animal when overloaded; or

 

(ii)  Unnecessarily or cruelly beats, tortures, torments, injures, mutilates or attempts to kill an animal; or

 

(iii)  Carries an animal in a manner that poses undue risk of injury or death.

 

(b)  A person commits cruelty to animals if he has the charge and custody of any animal and unnecessarily fails to provide it with the proper food, drink or protection from the weather, or cruelly abandons the animal, or in the case of immediate, obvious, serious illness or injury, fails to provide the animal with appropriate care.

 

(c)  A person commits aggravated cruelty to animals if he:

 

(i)  Repealed by Laws 1987, ch. 91, 2.

 

(ii)  Owns, possesses, keeps or trains fowls or dogs with the intent to allow the dog or fowl to engage in an exhibition of fighting with another dog or fowl;

 

(iii)  Repealed by Laws 1987, ch. 91, 2.

 

(iv)  For gain causes or allows any dog or fowl to fight with another dog or fowl;

 

(v)  Knowingly permits any act prohibited under paragraphs (ii) or (iv) of this subsection on any premises under his charge or control; or

 

(vi)  Promotes any act prohibited under paragraphs (ii) or (iv) of this subsection.

 

(d)  A person shall not destroy an animal by the use of a high-altitude decompression chamber or a carbon monoxide gas chamber utilizing a gasoline engine. This subsection is uniformly applicable to all cities and towns.

 

(e)  Unless punishable under subsection (n) of this section, a violation of this section is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both except that a subsequent offense is a high misdemeanor punishable by not more than one (1) year imprisonment, a fine of not more than five thousand dollars ($5,000.00), or both.

 

(f)  Nothing in subsection (c) of this section may be construed to prohibit:

 

(i)  The use of dogs in the management of livestock by the owner of the livestock, his employees or agents or other persons in lawful custody of the livestock;

 

(ii)  The use of dogs or raptors in hunting; or

 

(iii)  The training of dogs or raptors or the use of equipment in the training of dogs or raptors for any purpose not prohibited by law;

 

(iv)  Repealed By Laws 2000, Ch. 86, 2.

 

(v)  Repealed By Laws 2000, Ch. 86, 2.

 

(vi)  Repealed By Laws 2000, Ch. 86, 2.

 

(g)  A person commits cruelty to animals if he is knowingly present at any place where an exhibition of fighting of fowls or dogs is occurring for amusement or gain.

 

(h)  If a person convicted of a violation of this section is also the owner of the animal, the court may require the person to forfeit ownership of the animal to the county in which the person is convicted.  This subsection shall not affect the interest of any secured party or other person who has not participated in the offense.

 

(j)  In addition to any sentence and penalties imposed under subsections (e), (h) and (n) of this section, the court may:

 

(i)  Require the defendant to pay all reasonable costs incurred in providing necessary food and water, veterinary attention and treatment for any animal affected; and

 

(ii)  Prohibit or limit the defendant's ownership, possession or custody of animals, as the court deems appropriate.

 

(k)  Each animal affected by the defendant's conduct may constitute a separate count for the purposes of prosecution, conviction, sentencing and penalties under this section.

 

(m)  Nothing in subsection (a), (b) or (n) of this section shall be construed to prohibit:

 

(i)  A person from humanely destroying an animal;

 

(ii)  The use of industry accepted agricultural and livestock practices on livestock;

 

(iii)  Rodeo events, whether the event is performed in a rodeo, jackpot or otherwise; or

 

(iv)  The hunting, capture or destruction of any predatory animal or other wildlife in any manner not otherwise prohibited by law.

 

(n)  A person commits a felony if he commits aggravated cruelty to animals as defined in subsection (c) of this section or knowingly and with intent to cause death, injury or undue suffering, cruelly beats, tortures, torments, injures or mutilates an animal resulting in the death or required euthanasia of the animal. A felony under this subsection or subsection (c) of this section is punishable by not more than two (2) years imprisonment, a fine of not more than five thousand dollars ($5,000.00), or both.

 

6-3-204.  Littering; penalties.

 

(a)  A person is guilty of littering if he places, throws, scatters or deposits garbage, debris, refuse or waste material, objects or substances, including abandoned or junked vehicles, upon the property of another. Operators of motor vehicles are responsible under this section for the disposition or ejection of garbage, debris or other material from the vehicle while the vehicle is being operated on the roads or highways of this state.

 

(b)  This section does not apply to discharges which are regulated, controlled or limited by air, land or water quality laws or regulations.

 

(c)  Littering is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both. Littering, involving the disposal of a container with body fluids along a highway right of way, is a misdemeanor punishable by imprisonment for not more than nine (9) months, a fine of not more than one thousand dollars ($1,000.00), or both.  The court may suspend all or a part of a sentence imposed under this section and require the person convicted of littering to perform up to forty (40) hours of labor in the form of cleaning litter debris from public roads, parks or other public areas or facilities.

 

(d)  In addition to any other peace officer, game and fish law enforcement personnel qualified pursuant to W.S. 9-1-701 through 9-1-707 are authorized to enforce the provisions of this section.