Statute text
As used in this part 2, unless the context otherwise requires:
(1) "Abandon" means the leaving of an animal without adequate provisions for the animal's proper care by its owner, the person responsible for the animal's care or custody, or any other person having possession of such animal.
(2) "Animal" means any living dumb creature, including a certified police working dog, a police working horse, and a service animal as those terms are defined, respectively, in subsections (2.3), (2.4), and (4.7) of this section.
(2.3) "Certified police working dog" means a dog that has current certification from a state or national agency or an association that certifies police working dogs, and that is part of a working law enforcement team.
(2.4) "Police working horse" means a horse that is currently working full time or part time as part of a working law enforcement team and has met the standards of the law enforcement team to work in such capacity.
(2.5) "Disposal" or "disposition" means adoption of an animal; return of an animal to the owner; sale of an animal under section 18-9-202.5 (4); release of an animal to a rescue group licensed pursuant to article 80 of title 35, C.R.S.; release of an animal to another pet animal facility licensed pursuant to article 80 of title 35, C.R.S.; or release of an animal to a rehabilitator licensed by the parks and wildlife division or the United States fish and wildlife service; or euthanasia.
(2.7) "Euthanasia" means to produce a humane death by techniques accepted by the American veterinary medical association.
(2.9) "Livestock" means bovine, camelids, caprine, equine, ovine, porcine, and poultry.
(3) "Mistreatment" means every act or omission that causes or unreasonably permits the continuation of unnecessary or unjustifiable pain or suffering.
(4) "Neglect" means failure to provide food, water, protection from the elements, or other care generally considered to be normal, usual, and accepted for an animal's health and well-being consistent with the species, breed, and type of animal.
(4.5) "Serious physical harm", as used in section 18-9-202, means any of the following:
(a) Any physical harm that carries a substantial risk of death;
(b) Any physical harm that causes permanent maiming or that involves some temporary, substantial maiming; or
(c) Any physical harm that causes acute pain of a duration that results in substantial suffering.
(4.7) "Service animal" means any animal, the services of which are used to aid the performance of official duties by a fire department, fire protection district, or governmental search and rescue agency. Unless otherwise specified, "service animal" does not include a "certified police working dog" or a "police working horse" as defined in subsections (2.3) and (2.4) of this section.
(5) "Sexual act with an animal" means an act between a person and an animal involving direct physical contact between the genitals of one and the mouth, anus, or genitals of the other. A sexual act with an animal may be proven without allegation or proof of penetration. Nothing in this subsection (5) shall be construed to prohibit accepted animal husbandry practices.
History
Source: L. 71: R&RE, p. 471, 1. C.R.S. 1963: 40-9-201. L. 90: (1), (3), and (4) amended, p. 1611, 3, effective July 1. L. 99: Entire section amended, p. 357, 3, effective August 4. L. 2006: (2.5) amended, p. 893, 1, effective August 7. L. 2007: IP amended and (2.9) and (5) added, p. 725, 4, effective July 1. L. 2011: IP and (2) amended, (HB 11-1151), ch. 81, p. 219, 1, effective August 10. L. 2012: (2.5) amended, (HB 12-1125), ch. 102, p. 345, 2, effective September 1. L. 2016: IP and (2) amended and (2.3), (4.5), and (4.7) added, (HB 16-1348), ch. 236, p. 952, 1, effective June 6. L. 2018: (2) and (4.7) amended and (2.4) added, (HB 18-1041), ch. 19, p. 266, 1, effective March 7. L. 2019: (2), (2.4), and (4.7) amended, (HB 19-1180), ch. 75, p. 276, 1, effective April 4.
Annotations
ANNOTATION
Annotations
Applied in McCausland v. People, 58 Colo. 303, 145 P. 685 (1914) (decided under former R.S. 08, 1910); People v. Allen, 657 P.2d 447 (Colo. 1983).