CHAPTER 280

FORMERLY

HOUSE BILL NO. 440
AS AMENDED BY HOUSE AMENDMENT NO. 1 AND SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO INTENTIONAL CRUELTY TO ANIMALS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 1325(a) of Title 11 of the Delaware Code by adding a new paragraph thereto to read:

"(12) 'Serious injury' shall include any injury to any animal which creates a substantial risk of death, or which causes prolonged impairment of health or prolonged loss or impairment of the function of any bodily organ."

Section 2. Amend § 1325(b) of Title 11 of the Delaware Code by adding to the end of the last sentence thereof, which currently reads: "Cruelty to Animals is a Class A misdemeanor," the following:

unless the person intentionally kills or causes serious injury to any animal in violation of paragraph (b)(4) of this section, in which case It is a class F felony."

Approved June 27, 1994