Physically abusing an animal is illegal under current North Carolina animal welfare law. Depending on the type and severity of abuse, this abusive behavior to animals can bring either misdemeanor or felony charges and subsequent penalties.
Companion Animal Advocates of Bertie cannot investigate animal cruelty. Our animal welfare complaint page explains what acts constitute animal cruelty and how a concerned citizen may report allegations of animal abuse in Bertie County. However, such investigations are the sole responsibility of law enforcement.
NC General Statute, Article 47, defines cruelty to animals as follows:
§ 14-360. Cruelty to animals
(a) If any person shall intentionally overdrive, overload, wound, injure, torment, kill, or deprive of necessary sustenance, or cause or procure to be overdriven, overloaded, wounded, injured, tormented, killed, or deprived of necessary sustenance, any animal, every such offender shall for every such offense be guilty of a Class 1 misdemeanor.
(a1) If any person shall maliciously kill, or cause or procure to be killed, any animal by intentional deprivation of necessary sustenance, that person shall be guilty of a Class H felony.
(b) If any person shall maliciously torture, mutilate, maim, cruelly beat, disfigure, poison, or kill, or cause or procure to be tortured, mutilated, maimed, cruelly beaten, disfigured, poisoned, or killed, any animal, every such offender shall for every such offense be guilty of a Class H felony. However, nothing in this section shall be construed to increase the penalty for cockfighting provided for in G.S. 14-362.
(c) As used in this section, the words “torture,” “torment,” and “cruelly” include or refer to any act, omission, or neglect causing or permitting unjustifiable pain, suffering, or death. As used in this section, the word “intentionally” refers to an act committed knowingly and without justifiable excuse, while the word “maliciously” means an act committed intentionally and with malice or bad motive. As used in this section, the term “animal” includes every living vertebrate in the classes Amphibia, Reptilia, Aves, and Mammalia except human beings. However, this section shall not apply to the following activities:
(1) The lawful taking of animals under the jurisdiction and regulation of the Wildlife Resources Commission, except that this section shall apply to those birds other than pigeons exempted by the Wildlife Resources Commission from its definition of “wild birds” pursuant to G.S. 113-129(15a).
(2) Lawful activities conducted for purposes of biomedical research or training or for purposes of production of livestock, poultry, or aquatic species.
(2a) Lawful activities conducted for the primary purpose of providing food for human or animal consumption.
(3) Activities conducted for lawful veterinary purposes.
(4) The lawful destruction of any animal for the purposes of protecting the public, other animals, property, or the public health.
(5) The physical alteration of livestock or poultry for the purpose of conforming with breed or show standards. (1881, c. 34, s. 1; c. 368, ss. 1, 15; Code, ss. 2482, 2490; 1891, c. 65; Rev., s. 3299; 1907, c. 42; C.S., s. 4483; 1969, c. 1224, s. 2; 1979, c. 641; 1985 (Reg. Sess., 1986), c. 967, s. 1; 1989, c. 670, s. 1; 1993, c. 539, s. 239; 1994, Ex. Sess., c. 24, s. 14(c); 1998-212, s. 17.16(c); 1999-209, s. 8; 2007-211, ss. 1, 2; 2010-16, ss. 1, 2; 2015-286, s. 4.32(a).)
How to Register an Animal Welfare Complaint Against an Individual
Bertie County residents can report physical harm to animals by individuals by reporting it to the Bertie County Sheriff Department at 252.794.5330. If you live in a municipality within Bertie County, call your local police for guidance–some municipalities do not have full-time law enforcement and will direct you to the Sheriff’s Department.
Alternatively, you may file animal welfare or cruelty reports through the North Carolina Attorney General office by dialing 1.855.290.6915. You may also contact them by completing their online form here.
When you file a complaint against an individual through the Office of the Attorney General, their staff will review your concern to see if it qualifies under the NC General Assembly’s definition of animal abuse (as listed above). They will then forward the complaint to the local Sheriff or the correct local animal enforcement agency for follow-up.