Ala. Pattern Jury Instr. (Criminal) 13A-11-241(B)

Cruelty to Dog or Cat in the Second Degree

The defendant is charged with cruelty to a dog or cat in the second degree.

A person commits the crime of cruelty to a dog or cat in the second degree if

he/she, in a cruel manner, overloads, overdrives, deprives of necessary sustenance or

shelter, unnecessarily or cruelly beats, injures, mutilates, or causes the same to be done

a dog or a cat.

To convict, the State must prove beyond a reasonable doubt each of the following

elements:

(1) The defendant: [Read as appropriate]:

(a) Overloaded;

(b) Overdrove;

(c) Deprived of necessary sustenance or shelter; (OR)

(d) Unnecessarily or cruelly beat, injured, mutilated;

A dog or a cat; or caused the same to be done;

(2) The defendant did so in a cruel manner; (AND)

(3) The Defendant acted [insert appropriate mens rea element - See Use

Notes].

The words dog or cat shall mean any domesticated member of the dog or cat

family. [13A-11-240(c)]

Cruel means every act, omission, or neglect, including abandonment, where

unnecessary or unjustifiable pain or suffering, including abandonment, is caused or where

unnecessary pain or suffering is allowed to continue. [13A-11-240(b)]

[Read as appropriate]: The Defendant cannot be convicted if he/she is one of the

following persons or institutions: [Read as appropriate]:

1. Academic and research enterprises that use dogs or cats for medical or

pharmaceutical research or testing;

2. Any owner of a dog or cat who euthanizes the dog or cat for humane purposes;

3. Any person who kills a dog or cat found outside of the owned or rented property

of the owner or custodian of the dog or cat when the dog or cat threatens

immediate physical injury or is causing physical injury to any person, animal,

bird, or silvicultural or agricultural industry;

4. A person who shoots a dog or cat with a BB gun not capable of inflicting serious

injury when the dog or cat is defecating or urinating on the person’s property;

(OR)

5. A person who uses a training device, anti-bark collar, or an invisible fence on

his/her own dog or cat or with permission of the owner.[13A-11-246]

If you find from the evidence that the State has proved beyond a reasonable doubt

each of the elements of cruelty to a dog or cat in the second degree, then you shall find

the defendant guilty of cruelty to a dog or cat in the second degree.

If you find that the State has failed to prove beyond a reasonable doubt any one

or more of the elements of cruelty to a dog or cat in the second degree, then you cannot

find the defendant guilty of cruelty to a dog or cat in the second degree.

[If lesser-included offenses are included, the Court should instruct on those

offenses at this point.]