Animal Cruelty
Unnecessarily overloading, overdriving, tormenting, depriving of necessary sustenance or shelter, mutilating, killing, or cruelly carrying an animal.
Florida Statute
§ 828.12
Cruelty to animals
Verified against the 2026 Florida Statutes: September 14, 2026
Quick Summary
Animal cruelty covers the statutory cruel or inhumane treatment of an animal; aggravated animal cruelty has a higher intentional-act or qualifying-omission threshold.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Animal Cruelty
F.S. § 828.12(1)
Cruel or inhumane treatment described in the statute.
Horse Tripping for Entertainment or Sport
F.S. § 828.12(7)
Intentionally tripping, felling, roping, or lassoing a horse's legs for entertainment or sport, unless a listed immediate-threat, ownership-identification, or veterinary-care exception applies.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
The State must prove all of the following
The defendant committed, or caused, one of the acts of cruel or inhumane treatment listed in F.S. § 828.12(1).
Plain language: The defendant treated an animal in a statutorily prohibited cruel or inhumane way.
Acts of Cruel or Inhumane Treatment
Acts of Cruel or Inhumane Treatment
F.S. § 828.12(1) includes unnecessarily: • Overloading an animal. • Overdriving an animal. • Tormenting an animal. • Depriving an animal of necessary sustenance or shelter. • Mutilating or killing an animal. • Causing any of those acts to be done. • Carrying an animal in or on a vehicle, or otherwise, in a cruel or inhumane manner.
Jury Instructions
Jury Instructions
Instruction 32.2
Animal Cruelty
Covers the alternative conduct tracks under F.S. § 828.12(1). Prior to April 2026, this instruction was numbered 29.13(a).
View Official InstructionVerified against the official instruction source: September 14, 2026
Important Definitions
Important Definitions
Animal
For Chapter 828, animal includes every living dumb creature.
Cruelty, torture, or torment
Includes an act, omission, or neglect causing unnecessary or unjustifiable pain or suffering, subject to the statutory qualification.
Additional Notes
Additional Notes
Quick Reference
Animal cruelty under § 828.12(1) is a first-degree misdemeanor. Document the specific act or condition, the animal, witnesses, photographs, and veterinary evidence when available.