NRS § 574.100 – Animal Abuse – Nevada Law & Penalties

Nevada Revised Statutes § 574.100 makes it a crime to engage in animal cruelty and abuse. A first-time offense is typically a misdemeanor punishable by

1. up to six months in jail,
2. up to 120 hours of community service, and
3. up to $1,000 in fines.

Here are five key things to know:

1. Unjustifiably mutilating or killing a companion animal, such as a cat or dog, is a felony, carrying prison time and thousands in fines.
2. Law enforcement may impound abused animals and eventually put them down.
3. Potential defenses to animal cruelty charges are self-defense, lack of criminal intent, or an unlawful police search.
4. In some circumstances, non-U.S. citizens convicted of animal cruelty could be deported.
5. Most animal cruelty convictions can be sealed from your criminal record within 2 years or less.

In this article, our Las Vegas criminal defense attorneys discuss Nevada’s fifteen different animal cruelty laws. Click below on a specific crime to learn its definition and penalties:

• 1. Overdriving, Torturing, Injuring, or Abandoning Animals
• 2. Poisoning Animals
• 3. Animal Fights (including Dog-Fighting and Cock-Fighting)
• 4. Using or Profiting from a Venue Used for Animal Fights
• 5. Mistreatment of Police Animals
• 6. Mistreatment of Show Dogs
• 7. Not Providing Proper Air, Food, Shelter, or Water to an Impounded Animal
• 8. Selling or Exposing a Diseased Animal
• 9. Sale of Disabled Horses
• 10. Throwing Substances Injurious to Animals in Public Places
• 11. Mistreating a Milk-Producing Animal
• 12. Running Horses on a Highway
• 13. Carrying Animals in a Cruel Manner
• 14. Leaving Animals in Vehicles During Inclement Weather
• What happens to the animals?
• How to Report Animal Abuse
• Additional Resources

Also, see our article about Nevada bestiality laws.

1. Overdriving, Torturing, Injuring, or Abandoning Animals

Nevada law prohibits animal torture, neglect, and endangerment. Nevada law also regulates dog restraints and outdoor enclosures.

These laws do not apply with respect to an accidental injury or death of an animal that occurs in the normal course of operating a ranch or carrying out a rodeo or livestock show.

Animal Abuse

It is illegal in Nevada to torture or unjustifiably maim, mutilate, or kill any cat or any dog or any animal kept for companionship or pleasure. About all animals including dogs, it is a crime either to:

• Overdrive, overload, torture, cruelly beat or unjustifiably injure, maim, mutilate, or kill an animal, whether belonging to the defendant or to another,
• Deprive an animal of necessary sustenance, food or drink, or neglect or refuse to furnish it such sustenance or drink,
• Cause, procure, or allow an animal to be overdriven, overloaded, tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or killed, or to be deprived of necessary food or drink,
• Instigate, engage in, or in any way further an act of cruelty to any animal, or any act tending to produce such cruelty, or
• Abandon an animal in circumstances other than those prohibited by NRS 574.110 (to read about this exception, scroll down to section 7)

Note, it is animal abuse to merely “allow” the animal to endure torture. It is not necessary to physically inflict the torture yourself to be prosecuted.

Las Vegas Laws

In Las Vegas, it is a municipal crime to tether a pet outside:

• For more than 10 hours during a 24-hour period, or
• For any amount of time, if the National Weather Service has issued a heat advisory.

If the temperature reaches 105 degrees, pet owners must use cooling mechanisms like misting systems or portable air conditioners.¹

Dog Restraints and Enclosures

It is a crime in Nevada to restrain a dog for more than 10 hours during a 24-hour period. It is also illegal to restrain a dog by either:

• Using a prong, pinch, or choke collar or similar restraint, or
• Using a tether, chain, tie, trolley or pulley system, or other device that:
  1. is less than 12 feet in length, or
  2. fails to allow the dog to move at least 12 feet or,
  3. allows the dog to reach a fence or other object that may cause the dog to become injured, entangled, or to die by strangulation after jumping the fence or object.

Nevada law requires that any pen or outdoor enclosure used to maintain a dog be appropriate for the dog’s size and breed. If the property is too small to comply with the above restraint requirements, a dog may be maintained unrestrained in a pen or other outdoor enclosure.

Note that these restraint and enclosure requirements do not apply to a dog that is either:

• Tethered, chained, tied, restrained, or placed in a pen or enclosure by a veterinarian during the course of the veterinarian’s practice,
• Being used lawfully to hunt a species of wildlife in Nevada during the hunting season for that species,
• Receiving training to hunt a species of wildlife in Nevada,
• In attendance at and participating in an exhibition, show, contest, or other event in which the skill, breeding, or stamina of the dog is judged or examined,
• Being kept in a shelter or boarding facility or temporarily in a camping area,
• Temporarily being cared for as part of a rescue operation or in any other manner in conjunction with a bona fide nonprofit organization formed for animal welfare purposes,
• Living on land that is directly related to an active agricultural operation, if the restraint is reasonably necessary to ensure the safety of the dog (“agricultural operation” means any activity that is necessary for the commercial growing and harvesting of crops or the raising of livestock or poultry), or
• With a person having custody or control of the dog, if the person is engaged in a temporary task or activity with the dog for not more than 1 hour.

Also, note that dog retailers, dealers, and operators are required to follow additional laws regarding dog handling that may differ from the above.²

Penalties

The punishment for unjustifiably maiming, mutilating, or killing any cat or any dog or any animal kept for companionship or pleasure (whether belonging to you or not) depends on your state of mind:

• If the act is willful and malicious and causes the death of the animal, it is a category B felony carrying 1 to 6 years in prison and up to $10,000.
• If the act is to threaten, intimidate, or terrorize another person, it is a category B felony carrying 1 to 6 years in prison and up to $10,000.
• Another act committed willfully and maliciously is a category D felony, carrying 1 to 4 years in prison and up to $5,000 in fines.

Otherwise, the punishment for a first-time offense is a misdemeanor, and the penalties get harsher with each successive offense within a seven-year period, as the following table shows.

When determining the punishment, the judge considers several factors, including the animal’s condition. Predictably, the sentence will probably be more severe if the animal dies or sustains an injury.

Depending on the circumstances, you may be ordered to surrender ownership or possession of the allegedly mistreated animal.

In Las Vegas specifically, people convicted of mistreating animals may be prohibited from having pets for up to four years. If the pet dies, it is up to five years.³

See our related article, Is animal abuse a felony in Nevada?

Additional Crimes: Bestiality, Pornography & Dog Racing as a Gaming Activity

Bestiality (NRS 201.455) is intentionally performing sex acts on a non-human animal, helping another person perform those sex acts, or photographing those sex acts.

Nevada child pornography laws make it a felony to depict children engaging in sexual acts with animals.

Dog racing is not considered animal cruelty in Nevada unless the circumstances are abusive. However, it is a misdemeanor to gamble on dog racing or to run dog racing for gaming purposes. Learn more at our article on dog racing as a gaming activity.⁴

2. Poisoning Animals

The punishment for poisoning an animal in Nevada depends on the type of animal. It does not matter whether the animal belongs to you. Note that this law does not prohibit killing noxious animals.

Horses, Mules, or Domestic Cattle

It is a category C felony either to:

• Unjustifiably administer any poisonous or noxious drug or substance to a horse, mule, or domestic cattle or
• Unjustifiably expose any poisonous or noxious drug or substance with the intent that it be taken by a horse, mule, or domestic cattle.

The punishment includes:

• 1 to 5 years in prison,
• Up to $10,000 in fines, and
• Restitution.

Animals Other than Horses, Mules, or Domestic Cattle

It is a gross misdemeanor in Nevada either to:

• Unjustifiably administer any poisonous or noxious drug or substance to the animal or
• Unjustifiably expose any poisonous or noxious drug or substance with the intent that it be taken by the animal.

The punishment includes:

• Up to 364 days in jail and/or $2,000 in fines and
• Restitution.⁵

3. Animal Fights (including Dog-Fighting and Cock-Fighting)

Nevada prohibits three separate behaviors related to animal fighting:

1. Running an animal fight,
2. Keeping, training, or selling a fight animal, and
3. Watching an animal fight.

Each of these offenses carries different penalties. Note that these laws do not prohibit dog- or bird-use for lawful hunting or the management of livestock:

Running or Assisting an Animal Fight

It is illegal to begin, cause, instigate, promote, carry on, assist, umpire, or aid in furthering an animal fight. Animal fighting is still unlawful even if no one placed bets on the fight.

The punishment depends on whether the animal is a dog or not:

Dog Fighting Penalties

A first offense of causing or assisting a dogfight is a category D felony in Nevada, carrying:

• 1 to 4 years in prison and
• Up to $5,000 in fines.

A second offense is a category C felony, carrying:

• 1 to 5 years in prison and
• Up to $10,000 in fines.

A third or subsequent offense is a category B felony, carrying a sentence of one to six years in prison.

Animal Fighting Penalties Not Including Dogs

The penalties for participating in a non-dog animal fight also increase with each successive conviction. Note that these penalties would apply to cock-fighting.

A first offense of animal fighting is a category E felony. Category E felony convictions carry probation and a suspended sentence with a possible jail sentence of up to one year. (If you have two or more prior felony convictions, the court may order one to four years of prison and a maximum fine of $5,000.)

A subsequent offense is a category D felony, carrying:

• 1 to 4 years in prison and
• Up to $5,000 in fines.

Keeping, Training, Selling, or Buying Fight Animals

It is a crime in Nevada either to:

• Own, possess, keep, train, promote, or purchase an animal with the intent to use it to fight another animal or
• Sell an animal knowing that it is intended to be used to fight another animal.

The penalty depends on whether you have any previous convictions for keeping, training, purchasing, or selling a fight animal.

A first offense is a category E felony. This carries probation and a suspended sentence with a possible jail sentence of up to one year. (If you have two or more prior felony convictions, the court may order one to four years of prison and a maximum fine of $5,000.)

A subsequent offense is a category D felony, carrying:

• 1 to 4 years in prison and
• Up to $5,000 in fines.

Watching an Animal Fight

Nevada prohibits knowingly witnessing any fight between animals in an exhibition or for amusement or gain. It does not matter whether any money is riding on the fight. Merely being a spectator to the fight is a criminal act.

A first offense of knowingly watching an animal fight is a gross misdemeanor, carrying:

• Up to 364 days in jail and/or
• Up to $2,000 in fines.

A successive conviction is a category E felony. This carries probation and a suspended sentence with a possible jail sentence of up to one year. (If you have two or more prior felony convictions, the court may order one to four years of prison and a maximum fine of $5,000.)

Also see our informational article on Nevada dog-fighting laws.⁶

4. Using or Profiting from a Venue Used for Animal Fights

Nevada law prohibits using, keeping, managing, or receiving admission money for a venue used for animal fighting. It is also illegal to own or occupy a venue while willfully permitting it to be used for an animal fight.

A first offense is a gross misdemeanor, carrying:

• Up to 364 days in jail and/or
• Up to $2,000 in fines.

A second offense is a category E felony. This carries probation and a suspended sentence with a possible jail sentence of up to one year. (If you have two or more prior felony convictions, the court may order one to four years of prison and a maximum fine of $5,000.)

A third or subsequent offense is a category D felony, carrying:

• 1 to 4 years in prison and
• Up to $5,000 in fines.

Note that the venue may be any kind of location indoors or outdoors such as a house, apartment, or pit.⁷

5. Mistreatment of Police Animals

Nevada law prohibits the willful and malicious mistreatment of police department animals including:

• Taunting, tormenting, teasing, beating, striking, or administering a desensitizing drug, chemical, or substance to a police animal, or
• Interfering with a police animal or a handler in the performance of duties assigned to the police animal or handler, or
• Torturing, mutilating, injuring, poisoning, disabling, or killing a police animal.

Mistreating a police animal without totally disabling or killing it is a category D felony. The penalty includes:

• 1 to 4 years in prison,
• Up to $5,000 in fines, and
• Up to $10,000 in additional fines if the mistreatment involved torturing, mutilating, injuring, or poisoning.

Mistreating a police animal that results in total disabling or death is a category B felony, carrying:

• 1 to 6 years in prison,
• Up to $10,000 in fines, and
• Restitution to the agency that owns the animal, including veterinary services and the cost of replacing the animal.

Licensed euthanasia technicians, peace officers, or veterinarians can euthanize a police animal in an emergency. The only condition is that the police animal is critically wounded and would otherwise endure undue suffering and pain.⁸

6. Mistreatment of Show Dogs

Nevada has three separate animal cruelty laws regarding the treatment of dogs and dog shows. (Dog shows are exhibitions, contests, or other events that judge or examine dogs’ skills, breeding, or stamina.)

The first law prohibits willfully, unjustifiably, and maliciously tampering or interfering with a show dog. This is a category D felony, carrying:

• 1 to 4 years in prison and
• Up to $5,000 in fines.

The second law prohibits willfully and unjustifiably abusing or injuring a show dog. This is a category D felony, carrying:

• 1 to 4 years in prison,
• Up to $5,000 in fines, and
• An additional fine of up to $10,000.

The final law prohibits willfully and unjustifiably killing a show dog. This is a category C penalty, carrying:

• 1 to 5 years in prison and
• Up to $10,000 in fines.

These three laws apply only when the dog belongs to someone other than you (the defendant). ⁹

7. Not Providing Proper Air, Food, Shelter, or Water to an Impounded Animal

It is illegal in Nevada to impound or confine an animal and then to refuse or neglect to supply it with sufficient good and wholesome air, food, shelter, and water.

A first offense within a seven-year time span is a misdemeanor carrying:

• 2 days to 6 months in jail (which you may be able to serve intermittently so you can remain employed), and
• 48 hours to 120 hours of community service, and
• $200 to $1,000 in fines.

Meanwhile, a second offense within a seven-year time span is a misdemeanor as well. This sentence carries:

• 10 days to 6 months in jail, and
• 100 hours to 200 hours of community service, and
• $500 to $1,000 in fines.¹⁰

Finally, a third or subsequent offense within a seven-year time span is a category C felony carrying:

• 1 to 5 years in prison and
• Up to $10,000 in fines.¹¹

You may also have to pay restitution for animal care.

8. Selling or Exposing a Diseased Animal

It is a misdemeanor to willfully use, expose, permit to be sold, sell, or offer to sell any animal infected with glanders, farcy, or other contagious or infectious diseases dangerous to humans or animals.  It is also a misdemeanor to refuse to kill an animal infected with such a dangerous disease.

The penalty includes:

• Up to 6 months in jail and/or
• Up to $1,000 in fines.¹²

9. Sale of Disabled Horses

It is unlawful to sell a diseased horse. This misdemeanor carries:

• Up to 6 months in jail and/or
• Up to $1,000 in fines.¹³

10. Throwing Substances Injurious to Animals in Public Places

It is a misdemeanor to willfully throw, drop, or place (or cause to be thrown, dropped, or placed) upon any road, highway, street, or public place any of the following:

• Glass,
• Nails,
• Pieces of metal, or
• Other substances

which might wound, disable, or injure any animal. The sentence is:

• Up to 6 months in jail and/or
• Up to $1,000 in fines.¹⁴

11. Mistreating a Milk-Producing Animal

It is a misdemeanor to keep a cow or any animal for the production of milk to either:

• Keep the animal in a crowded or unhealthy place,
• Keep the animal in a diseased condition, or
• Feed the animal food that produces impure or unwholesome milk.

The penalty is:

• Up to 6 months in jail and/or
• Up to $1,000 in fines.¹⁵

12. Running Horses on a Highway

Unjustifiably causing a horse to draw a vehicle upon any plank road, turnpike, or public highway is a misdemeanor. The penalty is:

• Up to 6 months in jail and/or
• Up to $1,000 in fines.¹⁶

13. Carrying Animals in a Cruel Manner

Carrying – or causing to be carried – an animal in any vessel or vehicle in a cruel or inhuman manner (or so as to produce torture) is a misdemeanor. Penalties include:

• Up to 6 months in jail and/or
• Up to $1,000 in fines.¹⁷

14. Leaving Animals in Vehicles During Inclement Weather

NRS 202.487 makes it a misdemeanor to leave pets unattended in cars in dangerous conditions, such as extreme heat or cold. Penalties include:

• Up to 6 months in jail and/or
• Up to $1,000 in fines.

What happens to the animals?

Certain officers may take possession of animals that are being treated cruelly and provide them with shelter and care or, with the permission of the owner, humanely destroy them. The officer can also destroy the animal in a humane manner if either:

• the officer obtains an order from a court; or
• a licensed veterinarian, veterinarian technician or euthanasia technician examines the animal and recommends that the animal be humanely destroyed.¹⁸

How to Report Animal Abuse

To report animal abuse in Nevada, call the local animal control agency. The following table shows their phone numbers.

People reporting abuse should try to provide the following information:

• The location of the animal
• The animals’ owner
• Any photographs or videos of the abuse
• The nature of the abuse, and when it took place

Additional Resources

• Las Vegas, NV Valley Humane Society at 702-434-2009
• Las Vegas Animal Control at 702-229-6444
• Animal Foundation Animal Shelter at 702-384-3333
• Nevada Humane Society in Reno at 775-856-2000
• Nevada Society for Prevention of Cruelty to Animals