General Provisions

Utah Code tit. 76, ch. 76-13, pt. 76-13-P1

in effect

Utah Code § 76-13-101 Definitions.

76-13-101. Definitions. As used in this chapter: (1) "Animal control officer" means the same as that term is defined in Section 11-46-102. (2) "Peace officer" means any officer certified in accordance with Title 53, Chapter 13, Peace Officer Classifications. Amended by Chapter 399, 2026 General Session

Utah Code § 76-13-102 Officer's authority to take possession of an abused animal -- Lien for care -- Humane destruction.

76-13-102. Officer's authority to take possession of an abused animal -- Lien for care -- Humane destruction. (1) (a) As used in this section: (i) "Animal abuse offense" means an offense described in Section 76-13-202, 76-13-203, 76-13-204, 76-13-207, 76-13-212, or 76-13-213. (ii) "Animal control officer" means the same as that term is defined in Section 11-46-102. (iii) "Minimum care" means the following, taking into account the species, age, and physical condition of the animal: (A) appropriate and essential food and water; and (B) adequate protection, including appropriate shelter, against extreme weather conditions. (iv) "Peace officer" means any officer certified in accordance with Title 53, Chapter 13, Peace Officer Classifications. (b) Terms defined in Sections 76-1-101.5 and 76-13-101 apply to this section. (2) (a) A peace officer or animal control officer may take possession of an animal that is involved in an animal abuse offense and, after reasonable efforts to notify the owner, may provide shelter and care for the animal at any appropriate private or public facility or, upon permission from the owner, may: (i) destroy the animal; or (ii) subject to Subsection (2)(b), place the animal: (A) with any appropriate individual that does not reside with the owner; (B) with a public or private entity or agency that demonstrates a willingness to accept and care for the animal; or (C) with any other appropriate animal care agency for further disposition in accordance with accepted practices for humane treatment of animals. (b) An individual, entity, or agency who receives an animal under Subsection (2)(a)(ii): (i) obtains the ownership rights to the animal and shall execute an agreement to: (A) provide minimum care to the animal; and (B) not allow the former owner to possess, care for, or interact with the animal; and (ii) retains the right to resell or otherwise make disposition of the animal in accordance with accepted practices for humane treatment of animals. (3) (a) A peace officer or animal control officer caring for an animal under this section has a lien for the reasonable value of the care provided to the animal and, if applicable, the reasonable value for the destruction of the animal. (b) A court, upon proof that the owner has been notified at least five days earlier of the lien and amount due, and the owner has not voluntarily given up ownership rights under Subsection (2)(a)(ii), shall order: (i) the animal sold at public auction or destroyed; or (ii) the ownership rights to the animal be transferred to: (A) any appropriate individual that does not reside with the owner; (B) a public or private entity or agency that demonstrates a willingness to accept and care for the animal; or (C) an appropriate animal care agency for further disposition in accordance with accepted practices for humane treatment of animals. (c) An individual, entity, or agency who receives the rights to an animal under Subsection (3)(b): (i) shall execute an agreement to: (A) provide minimum care to the animal; and (B) not allow the former owner to possess, care for, or interact with the animal; and (ii) retains the right to resell or otherwise make disposition of the animal in accordance with accepted practices for humane treatment of animals. (4) (a) A peace officer or animal control officer may humanely destroy an animal found suffering past recovery for any useful purpose. (b) Before destroying the animal under Subsection (4)(a), the peace officer or animal control officer shall obtain: (i) the judgment of a veterinarian or of two reputable citizens called by the officer to view the animal in the officer's presence, of the animal's nonrecoverable condition; or (ii) consent to the destruction from the owner of the animal. Amended by Chapter 399, 2026 General Session

Utah Code § 76-13-103 Officer's authority at a dog fighting exhibition -- Authority to arrest and take possession of dogs and property.

76-13-103. Officer's authority at a dog fighting exhibition -- Authority to arrest and take possession of dogs and property. (1) Terms defined in Sections 76-1-101.5 and 76-13-101 apply to this section. (2) A peace officer as defined in Title 53, Chapter 13, Peace Officer Classifications, may enter any place, building, or tenement where an exhibition of dog fighting is occurring, or where preparations are being made for such an exhibition and, without a warrant, arrest all persons present. (3) (a) Notwithstanding the provisions of Section 76-13-102, Officer's authority to take possession of an animal, any authorized officer who makes an arrest under Subsection (2) may lawfully take possession of all dogs, paraphernalia, implements, or other property or things used or employed, or to be employed, in an exhibition of dog fighting prohibited by Subsection 76-13-202(2)(e) or Section 76-13-205, Dog fighting. (b) The officer, at the time of the taking of property pursuant to Subsection (3)(a), shall state the officer's name and provide other identifying information to the person in charge of the dogs or property taken. (4) (a) After taking possession of dogs, paraphernalia, implements, or other property or things under Subsection (3), the officer shall file an affidavit with the judge or magistrate before whom a complaint has been made against any person arrested under this section. (b) The affidavit shall include: (i) the name of the person charged in the complaint; (ii) a description of all property taken; (iii) the time and place of the taking of the property; (iv) the name of the person from whom the property was taken; (v) the name of the person who claims to own the property, if known; and (vi) a statement that the officer has reason to believe and believes that the property taken was used or employed, or was to be used or employed, in violation of Section 76-13-202, 76-13-203, 76-13-204, or 76-13-205, and the grounds for the belief. (5) (a) The officer shall deliver the confiscated property to the judge or magistrate who shall, by order, place the property in the custody of the officer or any other person designated in the order, and that person shall keep the property until conviction or final discharge of the person against whom the complaint was made. (b) The person designated in Subsection (5)(a) shall assume immediate custody of the property, and retain the property until further order of the court. (c) Upon conviction of the person charged, all confiscated property shall be forfeited and destroyed or otherwise disposed of, as the court may order. (d) If the person charged is acquitted or discharged without conviction, the court shall, on demand, order the property to be returned to its owner. Renumbered and Amended by Chapter 173, 2025 General Session

Utah Code § 76-13-104 Enhanced penalties for cruelty to animal offenses.

76-13-104. Enhanced penalties for cruelty to animal offenses. (1) (a) As used in this section, "conviction" means a conviction by plea or by verdict, including a plea of guilty or no contest that is held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, regardless of whether the charge was, or is, subsequently reduced or dismissed in accordance with the plea in abeyance agreement. (b) Terms defined in Sections 76-1-101.5 and 76-13-101 apply to this section. (2) Except as provided in Subsection (4), an actor who commits a violation of Section 76-13-202, 76-13-203, 76-13-206, or 76-13-208 within the state and on at least one previous occasion has been convicted of violating Section 76-13-202, 76-13-203, 76-13-206, or 76-13-208 shall be subject to an enhanced penalty as provided in Subsection (3). (3) The enhanced degree of offense for offenses committed under this section are: (a) if the offense is a class C misdemeanor, it is a class B misdemeanor; and (b) if the offense is a class B misdemeanor, it is a class A misdemeanor. (4) The penalty enhancements described in this section do not apply to a conviction for the offense described in Section 76-13-204, Torturing a companion animal. Renumbered and Amended by Chapter 173, 2025 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title76/Chapter13/76-13-P1.html?v=C76-13-P1_2025050720250507Fetched: 10/26/2026