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Wisconsin Statutory Elements and Consequences

Chapter 951 Crimes Against Animals

The Wisconsin Statutory Elements and Consequences is a compilation of criminal statutory components, organized by Wisconsin statute chapter and enhanced with definitions of frequently referenced terms, and links to Wisconsin Criminal Jury Instructions. The information provided on this website should not be construed as legal advice and is meant for informational purposes only. Please note that this information may not be up to date. For more information about this resource, contact Bryce Pierson by email or phone at (608) 266-7807.

Table of contents

 

§ 951.02 Mistreating an animal

Summary

To be guilty of this offense, the prosecution must prove that the defendant treated an animal in a cruel manner, causing unnecessary and excessive pain or suffering. This statute does not apply to normal and accepted veterinary practices.

Elements of the Offense

  1. Treatment of an Animal: The defendant must have treated an animal.
  2. Cruel Manner: The treatment of the animal must have been in a cruel manner.
  3. Intent: The defendant’s actions were either intentional or negligent.

Jury Instruction

Wis JI-Criminal 1980

 

§ 951.03 Dognapping and catnapping

Summary

To be guilty of this offense, the prosecution must prove that the defendant took a dog or cat from one place to another without the owner’s consent. This statute does not apply to law enforcement officers or humane officers engaged in their official duties.

Elements of the Offense

  1. Taking a Dog or Cat: The defendant must have taken a dog or cat of another from one place to another.
  2. Without Owner’s Consent: The taking must have been done without the consent of the owner.
  3. Intent: The defendant must have acted intentionally.

Jury Instruction

Wis JI-Criminal 1983

 

§ 951.095 and § 951.18(2m) Harassment of police or fire animals

Summary

To be guilty of this offense, the prosecution must prove that the defendant engaged in prohibited actions against an animal used by a law enforcement agency or fire department, with the knowledge that the animal was used for official functions or duties. The offense ranges in severity based on the nature of the actions and the consequences to the animal, from a Class B forfeiture to a Class H felony, depending on whether the actions were intentional or negligent and whether they resulted in injury or death to the animal.

Elements of the Offense

  1. Animal Used by Law Enforcement or Fire Department: The animal must be used by a law enforcement agency or fire department to perform agency or department functions or duties.
  2. Prohibited Actions: The defendant must engage in one or more of the following actions:
    • Frighten, Intimidate, Threaten, Abuse, or Harass: The defendant must have frightened, intimidated, threatened, abused, or harassed the animal.
  3. Physical Contact: The defendant must have struck, shoved, kicked, or otherwise subjected the animal to physical contact.
  4. Using a Dangerous Weapon: The defendant must have struck the animal by using a dangerous weapon.
  5. Knowledge: The defendant must know that the animal is used by a law enforcement agency or fire department to perform its functions or duties.
  6. Intent: The defendant’s actions were either intentional or negligent.

Jury Instruction

Wis JI-Criminal 1981

 

§ 951.13 Failing to provide an animal with sufficient food and water

Summary

To be guilty of this offense, the prosecution must prove that the defendant owned or was responsible for confining or impounding an animal and failed to supply the animal with a sufficient supply of food and water. The food must be adequate to maintain the animal's good health, and water must be provided daily and in sufficient quantity for the animal's health if it is not accessible at all times.

Elements of the Offense

  1. Ownership or Responsibility: The defendant must be owning or responsible for confining or impounding an animal.
  2. Failure to Supply Sufficient Food and Water: The defendant must fail to supply the animal with a sufficient supply of food and water.
  3. Intent: The defendant’s actions were either intentional or negligent.

Jury Instruction

Wis JI-Criminal 1982

 

§ 951.14 Failing to provide an animal with proper shelter

Summary

To be guilty of this offense, the prosecution must prove that the defendant owned or was responsible for confining or impounding an animal and failed to provide the animal with proper shelter. The shelter must meet the specific needs of the animal, ensuring protection from the elements and suitability for the animal’s health and well-being. For farm animals, the shelter standards must align with normally accepted husbandry practices in the relevant county.

Elements of the Offense

  1. Ownership or Responsibility: The defendant must own or be responsible for confining or impounding an animal.
  2. Failure to Provide Proper Shelter: The defendant must fail to provide the animal with proper shelter as prescribed in this section.
  3. Intent: The defendant’s actions were either intentional or negligent.

Jury Instruction

Wis JI-Criminal 1984

 

§ 951.08(1) Instigating fights between animals

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally instigated, promoted, aided, or abetted a fight between animals, participated in the earnings from such a fight, or maintained or allowed any place to be used for such a fight. The statute applies to cockfights, dog fights, bullfights, and other similar fights, including fights between an animal and a person. Events or exhibitions commonly featured at rodeos or bloodless bullfights are excluded from this prohibition.

Elements of the Offense

  1. Intentional Conduct: The defendant must intentionally engage in one or more of the following actions:
    • Instigate a fight between animals.
    • Promote a fight between animals.
    • Aid or abet a fight between animals as a principal, agent, or employee.
    • Participate in the earnings from a fight between animals.
    • Maintain or allow any place to be used for a fight between animals.
  2. Types of Fights: The fight must involve one of the following:
    • Cockfight.
    • Dog fight.
    • Bullfight.
    • Any other fight between the same or different kinds of animals.
    • A fight between an animal and a person.

Jury Instruction

Wis JI-Criminal 1986

 

§ 951.08(2) Keeping an animal with intent that it engage in fighting

Summary

To be guilty of this offense, the prosecution must prove that the defendant owned, possessed, kept, or trained an animal with the intent that the animal would be engaged in an exhibition of fighting.

Elements of the Offense

  1. Ownership, Possession, Keeping, or Training: The defendant must own, possess, keep, or train an animal.
  2. Intent: The defendant must have the intent that the animal will be engaged in an exhibition of fighting.

Jury Instruction

Wis JI-Criminal 1988

 

Updated January 2025

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