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LAWS OF MARYLAND

Ch. 528

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 27 - Crimes and Punishments

59.

Any person who (1) overdrives, overloads, deprives of
necessary sustenance, tortures, torments, cruelly beats,
mutilates or cruelly kills; or (2) causes, procures or authorizes
these acts; or (3) having the charge or custody of an animal,
either as owner or otherwise, inflicts unnecessary suffering or
pain upon the animal, or unnecessarily fails to provide the.
animal with nutritious food in sufficient quantity, necessary
veterinary care, proper drink, air, space, shelter or protection
from the weather, or uses or permits to be used any bird, fowl,
or cock for the purpose of fighting with any other animal which
is commonly known as cockfighting, is guilty of a misdemeanor and
shall be punishable by a fine not exceeding $1,000 or by
imprisonment not to exceed 90 days, or both. Customary and normal
veterinary and agricultural husbandry practices including but not
limited to dehorning, castration, docking tails, and limit
feeding, are not covered by the provisions of this section. In
the case of activities in which physical pain may unavoidably be
caused to animals, such as food processing, pest elimination,
animal training, and hunting, cruelty shall mean a failure to
employ the most humane method reasonably available. It is the
intention of the General Assembly that all animals, WHETHER THEY
BE PRIVATELY OWNED, UNOWNED, STRAYS, DOMESTICATED, FERAL, FARM,
CORPORATELY OR INSTITUTIONALLY OWNED, UNDER PRIVATE, LOCAL,
STATE, OR FEDERALLY FUNDED SCIENTIFIC OR MEDICAL ACTIVITIES, OR
OTHERWISE BEING SITUATED IN MARYLAND shall be protected from
intentional cruelty, but that no person shall be liable for
criminal prosecution for normal human activities to which the
infliction of pain to an animal is purely incidental and
unavoidable.

67.

If the owner or custodian of an animal is convicted of any
act of animal cruelty, the judge may use his own discretion in
ordering the removal of that animal or animals for their
protection at the time of conviction. Whenever it becomes
necessary, in order to protect any animal from neglect or
cruelty, any officer or authorized agent of an animal humane
society or any police officer or other public officials charged
with the protection of animals may take possession of it, EXCEPT
THAT ANIMALS IN THE POSSESSION OF MEDICAL AND SCIENTIFIC RESEARCH
FACILITIES MAY NOT BE REMOVED THEREFROM WITHOUT THE PRIOR REVIEW
AND RECOMMENDATION OF THE DEPARTMENT OF HEALTH AND MENTAL
HYGIENE, DIVISION OF VETERINARY MEDICINE. THE DEPARTMENT OF
HEALTH AND MENTAL HYGIENE SHALL CONDUCT. AN INVESTIGATION WITHIN
24 HOURS OF THE RECEIPT OF A COMPLAINT AND SHALL, WITHIN 24 HOURS
OF THE INVESTIGATION, REPORT TO THE STATE'S ATTORNEY OF THE
COUNTY IN WHICH THE FACILITIES ARE SITUATED. If an animal is