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§39-14-201. Definitions for animal offenses

As used in this part, unless the context otherwise requires:

(1) “Animal” means a domesticated living creature or a wild creature previously

captured;

(2) “Livestock” means all equine as well as animals which are being raised primarily

for use as food or fiber for human utilization or consumption including, but not

limited to, cattle, sheep, swine, goats, and poultry;

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(3) “Non-livestock animal” means a pet normally maintained in or near the household

or households of its owner or owners, other domesticated animal, previously

captured wildlife, an exotic animal, or any other pet, including but not limited to,

pet rabbits, a pet chick, duck, or pot bellied pig that is not classified as “livestock”

pursuant to this part; and

(4) “Torture” means every act, omission, or neglect whereby unreasonable physical

pain, suffering, or death is caused or permitted, but nothing in this part shall be

construed as prohibiting the shooting of birds or game for the purpose of human

food or the use of animate targets by incorporated gun clubs.  

§39-14-202. Cruelty to animals1

(a) A person commits an offense who intentionally or knowingly:

(1) Tortures, maims or grossly overworks an animal;

(2) Fails unreasonably to provide necessary food, water, care or shelter for an

animal in the person’s custody;

(3) Abandons unreasonably an animal in the person’s custody;

(4) Transports or confines an animal in a cruel manner; or

(5) Inflicts burns, cuts, lacerations, or other injuries or pain, by any method, including

blistering compounds, to the legs or hooves of horses in order to make them sore

for any purpose including, but not limited to, competition in horse shows and

similar events.

(b) It is a defense to prosecution under this section that the person was engaged in

accepted veterinary practices, medical treatment by the owner or with the owner’s

consent, or bona fide experimentation for scientific research.

(c) Whenever any person is taken into custody by any officer for violation of subdivision

(a)(4), the officer may take charge of the vehicle or conveyance, and its contents,

used by the person to transport the animal. The officer shall deposit these items in a

safe place for custody. Any necessary expense incurred for taking charge of and

sustaining the same shall be a lien thereon, to be paid before the same can lawfully

be recovered; or the expenses, or any part thereof, remaining unpaid may be

recovered by the person incurring the same of the owners of the animal in an action

therefore.

(d) In addition to the penalty imposed in subsection (f), the court making the sentencing

determination for a person convicted under this section shall order the person

convicted to surrender custody and forfeit the animal or animals whose treatment

was the basis of the conviction. Custody shall be given to a humane society

incorporated under the laws of this state. The court may prohibit the person

convicted from having custody of other animals for any period of time the court

determines to be reasonable, or impose any other reasonable restrictions on the

person’s custody of animals as necessary for the protection of the animals.

(e)

(1) Nothing in this section shall be construed as prohibiting the owner of a farm

animal or someone acting with the consent of the owner of such animal from

engaging in usual and customary practices which are accepted by colleges of

agriculture or veterinary medicine with respect to such animal.

1 Note: This section should be read together with TENN. CODE ANN. 

§§ 39-14-207, 39-14-210 & 39-14-  

211.20  

(2) It is an offense for a person other than a law enforcement officer acting with

probable cause to knowingly interfere with the performance of any such

agricultural practices permitted by subdivision (e)(1).  

(3) An offense under subdivision (e)(2) is a Class B misdemeanor.

(f)

(1) An offense under this section is a Class A misdemeanor.  

(2) A second or subsequent conviction for cruelty to animals is a Class E felony.

§39-14-203. Cock and animal fighting

(a) It is unlawful for any person to:

(1) Own, possess, keep, use or train any bull, bear, dog, cock or other animal, for

the purpose of fighting, baiting or injuring another such animal, for amusement,

sport or gain;  

(2) Cause, for amusement, sport or gain, any such animal to fight, bait or injure

another animal, or each other;  

(3) Permit any such acts stated in subdivisions (a)(1) and (2) to be done on any

premises under the person's charge or control, or aid or abet such act; or  

(4) Be knowingly present, as a spectator, at any place or building where

preparations are being made for an exhibition for such fighting, baiting or injuring

of any animal, with the intent to be present at such exhibition, fighting, baiting or

injuring.  

(b) It is the legislative intent that the provisions of this section shall not apply to the

training or use of hunting dogs for sport or to the training or use of dogs for law

enforcement purposes.  

(c)

(1) Except for any offense involving a cock, an offense under subdivisions (a)(1)-(3)

is a Class E felony.  

(2) An offense involving a cock under subdivisions (a)(1)-(3) is a Class A

misdemeanor.  

(d) An offense under subdivision (a)(4) is a Class C misdemeanor.

(e) It is not an offense to own, possess or keep cocks, or aid or abet the ownership,

possession or keeping of cocks, for the sole purpose of selling or transporting such

cocks to a location in which possession or keeping of such cocks is legal.  

§39-14-205. Intentional killing of animal

(a)

(1) A person who intentionally or knowingly unlawfully kills the animal of another,

with the intent to deprive the owner of the right to the animal’s life and without the

owner’s effective consent commits theft of that animal and shall be punished

under §39-14-105.  

(2) In determining the value of a police dog under §39-14-105, the court shall

consider the value of the police dog as both the cost and any specialized training

for such police dog.  

(3) A person is justified in killing the animal of another if such person acted under a

reasonable belief that the animal was creating an imminent danger of death or

serious bodily injury to such person or another or an imminent danger of death to

an animal owned by such person. A person is not justified in killing the animal of

another if at the time of the killing such person is trespassing upon the property

of the owner of such animal. The justification for killing the animal of another

authorized by this subsection (b) shall not apply to a person who, while engaging

in or attempting to escape from criminal conduct, kills a police dog that is acting

in its official capacity. In such case the provisions of subsection (a) shall apply to

such person.  

(b) A person is justified in killing the animal of another if such person acted under a

reasonable belief that the animal was creating an imminent danger of death or

serious bodily injury to such person or another or an imminent danger of death to an

animal owned by such person. A person is not justified in killing the animal of another

if at the time of the killing such person is trespassing upon the property of the owner

of such animal. The justification for killing the animal of another authorized by this

subsection (b) shall not apply to a person who, while engaging in or attempting to

escape from criminal conduct, kills a police dog that is acting in its official capacity. In

such case the provisions of subsection (a) shall apply to such person.  

§39-14-207. Feeding of impounded animals - Care provided by humane

society - Recovery of expenses 2

(a) In case any impounded animal is without necessary food and water for more than

twelve (12) successive hours, it is lawful for any person, as often as necessary, to

enter any place in which any animal is so confined, and to supply it with necessary

food and water so long as it remains so confined. Such person shall not be liable to

any action for such entry, and the reasonable cost of such food and water may be

collected from the owner or keeper of the animal. The animal shall not be exempt

from levy and sale upon execution issued upon a judgment therefore.  

(b) In case any animal is injured, diseased, suffering from the elements, or

malnourished, and is found at large by any agent of any humane society chartered

by the state, the agent may cause adequate veterinary treatment or shelter or

nourishment to be furnished to the animal. The society shall have a right of action

against the owner of the animal for all necessary and reasonable expenses so

incurred. Within forty-eight (48) hours after taking custody of the animal, the society

shall make reasonable efforts to notify the owner of the animal’s whereabouts and

condition. Nothing in this subsection (b) shall affect the right of action of the

veterinarian or furnisher of goods or services against the person or persons with

whom such veterinarian or furnisher of goods or services contracted for payment of

charges. Any such right of action by a humane society may be voided by an owner

who elects to forfeit the animal to the society rather than pay for the goods or

services rendered.

§39-14-210. Societies for prevention of cruelty to animals – Powers 3

(a) The agents of any society which is incorporated for the prevention of cruelty to

animals, upon being appointed thereto by the president of such society in any

county, may, within such county, make arrests, and bring before any court thereof

offenders found violating the provisions of this part with regard to non-livestock

animals.  

(b) Any officers, agents, or members of such society may lawfully interfere to prevent the

perpetration of any act of cruelty upon any animal in such person’s presence. Any

person who interferes with or obstructs any such officer, agent, or member in the

discharge of this duty commits a Class C misdemeanor.  

(c) Any agent or officer of such society may lawfully destroy, or cause to be destroyed,

any animal found abandoned or otherwise:

(1) Which is not properly cared for, appearing, in the judgment of two (2) reputable

citizens, who are experts, called to view the same in the agent's or officer's

presence, to be glandered, injured or diseased past humane recovery; or

(2) After a holding period of not less than seventy-two (72) hours and after having

made a reasonable effort to locate and notify the owners, for the purpose of

animal population control.  

(d) All fines, penalties and forfeitures imposed and collected in any county, under

provisions relating to or in any way affecting animals, shall inure to such society in

aid of the purpose for which it was incorporated, and no injunction shall be granted

against such society or attorney or its officers or agents, except upon motion, after

due notice and hearing.  

(e) Any humane society chartered by the state, into whose custody shall lawfully come

any animal, shall have a lien on that animal for the reasonable value of the goods

and services necessarily rendered by, or at the instance of, the society to that

animal.  

(f) Custody of any animal victimized under this part shall be placed with any humane

society chartered by the state immediately upon arrest of the person alleged to have

violated this part. The humane society shall assist the animal and preserve evidence

for prosecution.  

(g) Any governmental animal control agency or any humane society, chartered by this

state, into whose custody any animal victimized under this part shall be placed, may

petition the court requesting that the person from whom the animal is seized, or the

owner of the seized animal, be ordered to post security. Any such security shall be in

an amount sufficient to secure payment of all reasonable expenses expected to be

incurred by the governmental animal control agency or the humane society in caring

and providing for the animal pending disposition of the criminal charges. Such

reasonable expenses shall include, but are not necessarily limited to, the estimated

costs of veterinary care and treatment for the animal as well as the estimated costs

of boarding and otherwise caring for the animal. The amount of security shall be

determined by the court after taking into consideration all of the facts and

circumstances of the case. If the posting of security is ordered pursuant to this

subsection (g), then the governmental animal control agency or the humane society

may draw from the security the actual costs incurred in caring and providing for the

seized animal pending disposition of criminal charges. Nothing in this subsection (g)

shall be construed to prevent the voluntary, permanent relinquishment of any animal

by its owner to a governmental animal control agency or to a humane society,

chartered by the state, in lieu of posting security. Any such voluntary relinquishment

shall have no effect on the outcome of the criminal charges.  

§39-14-211. Examination of livestock by county agricultural extension

agent 4

No entry onto the property of another, arrest, interference with usual and customary

agricultural or veterinary practices, confiscation, or any other action authorized by this

part or any other provision of law shall be taken in response to an allegation that this part

has been violated with regard to livestock unless, prior to or at the same time as such

action, the livestock in question is examined by the county agricultural extension agent

of such county, a graduate of an accredited college of veterinary medicine specializing in

livestock practice or a graduate from an accredited college of agriculture with a specialty

in livestock. If the extension agent, veterinary college graduate specializing in livestock

practice or livestock specialist does not have probable cause to believe that a violation of

this part has occurred with regard to such livestock, no action against the owner of such

livestock described in this section shall be taken. If a person authorized by this section

does not make an inspection within twenty-four (24) hours of receipt of a complaint, then

a licensed veterinarian may make such inspection.

4 See also TENN. CODE ANN. §§ 39-14-202, 39-14-207 & 39-14-210.  

§39-14-212. Aggravated cruelty to animals - Definitions - Construction –

Penalty

(a) A person commits aggravated cruelty to animals when, with aggravated cruelty and

with no justifiable purpose, such person intentionally kills or intentionally causes

serious physical injury to a companion animal.  

(b) For purposes of this section:

(1) "Aggravated cruelty" means conduct which is done or carried out in a depraved

and sadistic manner and which tortures or maims an animal including the failure

to provide food and water to a companion animal resulting in a substantial risk of

death or death;

(2) “Companion animal” means any non-livestock animal as defined in §39-14-  

201(3);

(3) “Elderly” means any person sixty-five (65) years of age or older; and

(4) “Minor” means any person under eighteen (18) years of age.

(c) The provisions of subsection (a) shall not be construed to prohibit or interfere with

the following endeavors:  

(1) The provisions of this section shall not be construed to change, modify, or amend

any provision of title 70, involving fish and wildlife;

(2) The provisions of this section do not apply to activities or conduct that are

prohibited by §39-14-203;  

(3) The provisions of this section do not apply to equine animals or to animals

defined as livestock by the provisions of §39-14-201;  

(4) Dispatching an animal in any manner absent of aggravated cruelty;  

(5) Engaging in lawful hunting, trapping, or fishing activities, including activities

commonly associated with the hunting of small game as defined in §70-1-

101(a)(34);  

(6) Dispatching rabid or diseased animals;  

(7) Dispatching animals posing a clear and immediate threat to human safety;  

(8) Performing or conducting bona fide scientific tests, experiments or investigations

within or for a bona fide research laboratory, facility or institution;  

(9) Performing accepted veterinary medical practices or treatments;  

(10) Dispatching animals in accordance with §44-17-403(e);  

(11) Engaging, with the consent of the owner of a farm animal, in usual and

customary practices which are accepted by colleges of agriculture or veterinary

medicine with respect to such animal;  

(12) Dispatching wild or abandoned animals on a farm or residential real property;

or

(13) Applying methods and equipment used to train animals.  

(d) Aggravated cruelty to animals is a Class E felony.  

(e) In addition to the penalty imposed by subsection (d), the sentencing court may order

the defendant to surrender custody and forfeit all companion animals as defined in

subdivision (b)(2), and may award custody of such animals to the agency presenting

the case. The court may prohibit the defendant from having custody of other animals

for any period of time the court determines to be reasonable, or impose any other

reasonable restrictions on the person's custody of animals as is necessary for the

protection of the animals.  

(f) In addition to the penalty imposed by subsection (d), the court may require the

defendant to undergo psychological evaluation and counseling, the cost to be borne

by the defendant. If the defendant is indigent, the court may, where practicable,

direct the defendant to locate and enroll in a counseling or treatment program with an

appropriate agency.  

(g) If a defendant convicted of a violation of this section resides in a household with

minor children or elderly individuals, the court may, within fifteen (15) days, send

notification of the conviction to the appropriate protective agencies.  

(h) In addition to the penalty imposed by subsection (d), the defendant may be held

liable to the impounding officer or agency for all costs of impoundment from the time

of seizure to the time of proper disposition of the case.  

(i)

(1) In addition to the penalty imposed by subsection (d), the defendant may be held

liable to the owner of the animal for damages.

(j) If a juvenile is found to be within the court's jurisdiction, for conduct that, if committed

by an adult, would be a criminal violation involving cruelty to animals or would be a

criminal violation involving arson, then the court may order that the juvenile be

evaluated to determine the need for psychiatric or psychological treatment. If the

court determines that psychiatric or psychological treatment is appropriate for that

juvenile, then the court may order that treatment.

(k) This section does not preclude the court from entering any other order of disposition

allowed under this chapter.

§44-8-408. Dogs not allowed at large - Exception

It is unlawful for any person to allow a dog belonging to or under the control of such

person, or that may be habitually found on premises occupied by the person, or

immediately under the control of such person, to go upon the premises of another, or

upon a highway or upon a public road or street; provided, that this section and §44-8-

409 shall not apply to a dog on a hunt or chase, or on the way to or from a hunt or

chase, nor to a dog guarding or driving stock, or on the way for that purpose, nor to a

dog being moved from one (1) place to another, by a person owning or controlling a dog;

provided, that the foregoing exemptions shall not apply unless all damages done by

dogs therein exempted, to the person or property of another, shall be paid or tendered to

the person so damaged, or to the person's agent, within thirty (30) days after the

damage is done.  

§44-8-409. Violation of § 44-8-408 a misdemeanor

A violation of §44-8-408 is a Class C misdemeanor.  

§44-8-410. Bitches to be confined while proud

Every owner of a bitch is required to confine the same for twenty-four (24) days during

the time the bitch is proud [in heat].  

§44-8-411. No liability for killing proud bitch at large

Any person crippling, killing, or in any way destroying a proud bitch that is running at

large shall not be held liable for the damages due to such killing or destruction.  

§44-17-120. Destruction of dog causing death or serious injury to human -

Notice to dog's owner

(a) Any dog which attacks a human and thereby causes death or serious injury may be

destroyed upon the order of such judge of the circuit court of the county wherein the

attack occurred. Such orders shall be granted on the petition of the district attorney

general for the county. The petition shall name the owner of the dog, and the owner

shall be given notice as in civil cases, that if the owner does not appear before the

court within five (5) days of the receipt thereof and show cause why the dog should

not be destroyed, then the order shall issue and the dog shall be destroyed.

(b) Notwithstanding the provisions of subsection (a), in counties having a population of

not less than eight hundred twenty-five thousand (825,000) nor more than eight

hundred thirty thousand (830,000) according to the 1990 federal census or any

subsequent federal census, a municipality or county is authorized to adopt local

ordinances authorizing the municipality or the county to appropriately petition in a

general sessions court to provide for the disposition of dangerous dogs and/or dogs

causing death or serious injury to humans or other animals.  

§44-17-121. Confiscation of animals

Subject to the provisions of this part, the commissioner has the authority to confiscate

animals as may be necessary to provide for the humane treatment of such animals.  

§44-17-201. Owners of dogs are liable for livestock killed

Where any dog shall kill, or in any manner damage, any livestock in this state, the owner

or harborer of such dog shall be liable, in an action for damage, to the owner of such

livestock.  

§44-17-202. Ignorance of dog's habits is no defense

Ignorance of the vicious habits or character of the dog on the part of its owner shall be

no defense in actions arising under §44-17-201.  

§44-17-203. No damages recoverable for killing or injuring such dog.

In an action for damages against a person for killing or injuring a dog, satisfactory proof

that the dog had been or was killing or worrying livestock constitutes a good defense to

such action.  

§68-8-103. Vaccination of animals - Certificate and tags - Frequency.

[Effective July 1, 2005].

(a) It is unlawful for any person to own, keep or harbor any dog or cat six (6) months of

age or older that has not been vaccinated against rabies as required by this chapter,

or the rules and regulations promulgated pursuant this chapter.  

(b) Dogs and cats may be vaccinated as early as three (3) months of age or at an age

as specified by the vaccine's United States department of agriculture (USDA)

license, but will be considered as noncompliant with this section if over six (6)

months of age.  

(c) Ferrets, certain livestock, hybrid animals and other animals may be vaccinated for

rabies if a vaccine is legally available for that species. Routine rabies vaccination of

animals other than dogs or cats is not required unless deemed necessary by the

commissioner or by emergency rules of the department.  

(d) All rabies vaccinations of dogs and cats as required by this chapter shall be

administered only by or under the supervision of a veterinarian.  

(e) Evidence of such vaccination shall consist of a certificate that contains the owner's

name and address, date of vaccination, date the dog or cat should be revaccinated,

description and sex of the dog or cat vaccinated, number of the vaccination tag

issued when applicable, manufacturer and lot number of vaccine administered, and

the name and signature of the supervising veterinarian. If the vaccination is given at

an animal control facility or shelter, then the certificate shall contain the name and

signature of the person administering the vaccine as well as that of the supervising

veterinarian.  

(f) The vaccination certificate shall be prepared in one (1) of the following manners,

unless otherwise provided for by rule:

(1) Paper forms in triplicate; the original shall be given to the owner, the first copy

provided to and retained by the department. The veterinarian administering or

supervising the administration of the vaccine shall retain the second copy; or

(2) Computer printout or electronic format, such that the owner, the department and

the veterinarian administering the vaccine obtain a copy of the information

provided for in subsection (e).  

(g) The rabies certificate form and rabies tags shall be provided by the department.  

(h) A licensed veterinarian may provide and use an alternative tag and certificate

providing that the requirements in subsections (e) and (f) are met.  

(i) Nothing in this section shall be construed to require more frequent rabies

vaccinations or a greater number of rabies vaccinations than are required by the

rabies compendium.  

§68-8-107. Seizure of dogs running at large - Notification of seized

animals - Redemption by owner - Vaccination requirement. [Effective July

1, 2005].

(a) Any dog found running at large may be seized by any peace officer and placed in an

animal shelter in counties or cities where an animal shelter or pound is available.

108  

(b) If the dog or cat is wearing a rabies vaccination tag or other identification, all

reasonable effort shall be made to locate and notify the owners who shall be required

to appear within five (5) days and redeem the animal by paying a pound fee as set

by the city or county legislative body. A failure to pay the pound fee, or have the

animal vaccinated if proof of current vaccination is not produced prior to release,

shall require the animal to be adopted or destroyed.  

(c) If any dog or cat is not wearing a vaccination tag or other identification, the animal

may be adopted or destroyed, unless legally claimed by the owner within three (3)

days.  

(d) No dog or cat three (3) months of age or older shall be released from a shelter

without having proof of current vaccination or until it has been vaccinated and, where

applicable, a tag issued.  

(e) A county may allow by local ordinance the adoption of a dog or cat three (3) months

of age or older without a vaccination as long as procedures are established to ensure

that the animal is vaccinated for rabies within seventy-two (72) hours of release from

the shelter.  

§68-8-108. Transportation of dogs and cats in the state

[Effective July 1, 2005].

This chapter shall not prohibit the transportation of dogs or cats in the state; provided,

that the dogs or cats are securely confined or kept on a leash while being transported in

the state.  

§68-8-109. Observation period by confinement or quarantine -

Investigation. [Effective July 1, 2005].

(a) If any animal has bitten any person, is suspected of having bitten any person or is for

any reason suspected of being infected with rabies, the animal may be required to be

placed under an observation period either by confinement or by quarantine for a

period of time deemed necessary by the commissioner or rules of the department.  

(b) The act of investigating the bite or rabies exposure and placing the animal under

observation by confinement or quarantine shall be accomplished either by the

department or by the animal control program, in either the county or municipality

wherein either the animal owner or the person bitten resides, in consultation with the

department.  

(c) The confinement, quarantine or other disposition of the animal shall follow the

current recommendations in the national rabies compendium unless more specific

guidelines are designated by duly promulgated rules of the department or as deemed

necessary by the commissioner to protect the public's health.  

(d) The observation period by confinement or quarantine may occur at the animal

owner's home at the discretion of the department or the animal control program.

Grainger County Humane Society

P.O. Box 229

Rutledge, TN 37861

graingerhumane@hughes.net

WebSite Designed and Maintained By GCHS Volunteer November 2008