Colorado Code
Part 2 - Cruelty to Animals
§ 18-9-202. Cruelty to Animals - Aggravated Cruelty to Animals - Service Animals - Short Title

(1.6) Repealed.
(1.8) A peace officer having authority to act under this section may take possession of and impound an animal that the peace officer has probable cause to believe is a victim of a violation of subsection (1) or (1.5) of this section or is a victim of a violation of section 18-9-204 and as a result of the violation is endangered if it remains with the owner or custodian. If, in the opinion of a licensed veterinarian, an animal impounded pursuant to this subsection (1.8) is experiencing extreme pain or suffering, or is severely injured past recovery, severely disabled past recovery, or severely diseased past recovery, the animal may be euthanized without a court order.

(V.5) In addition to any other sentence imposed for a felony conviction pursuant to this section, the court shall enter an order prohibiting the defendant from owning, possessing, or caring for a pet animal as defined in section 35-80-102 (10) as a condition of the sentence for a period of three to five years, unless the defendant's treatment provider makes a specific recommendation not to impose the ban and the court agrees with the recommendation.

(2.5) It shall be an affirmative defense to a charge brought under this section involving injury or death to a dog that the dog was found running, worrying, or injuring sheep, cattle, or other livestock.

Source: L. 71: R&RE, p. 472, § 1. C.R.S. 1963: § 40-9-202. L. 73: p. 381, § 5. L. 77: (1) amended, p. 969, § 58, effective July 1. L. 90: (1) amended, p. 1612, § 5, effective July 1. L. 92: (1) amended, p. 412, § 1, effective April 29. L. 97: (2)(a.5) added, p. 1569, § 2, effective July 1. L. 2000: (2) amended, p. 1509, § 1, effective September 1; (2)(a.5)(I) amended, p. 1375, § 2, effective September 1. L. 2002: (1.5) and (2)(c) added and (2)(a), (2)(a.5)(I)(A), (2)(a.5)(II), and (2)(b) amended, pp. 1589, 1588, 1587, §§ 26, 25, 22, effective July 1; (2)(b) amended, p. 1517, § 204, effective October 1. L. 2003: (2)(b)(I) amended, p. 974, § 9, effective April 17; (1)(a) amended and (1.6) and (1.8) added, p. 2093, § 2, effective July 1; (1)(a), (1.5), (2)(a.5)(I)(A), (2)(a.5)(II), (2)(b)(II), and (2)(b)(III) amended, p. 1434, § 30, effective July 1. L. 2004: (2.5) added, p. 509, § 2, effective April 21. L. 2007: (1)(a) and (1.8) amended, p. 725, § 5, effective July 1. L. 2011: (1.5)(c) and (2)(d) added, (HB 11-1151), ch. 81, p. 219, §§ 2, 3, effective August 10. L. 2012: (3) amended, (HB 12-1317), ch. 248, p. 1203, § 5, effective June 4. L. 2016: (1.5)(c), (2)(a), (2)(a.5)(V), and (2)(d) amended and (1.6) repealed, (HB 16-1348), ch. 236, p. 953, § 2, effective June 6. L. 2018: (1.5)(c), (2)(a), (2)(a.5)(V), and (2)(d)(II) amended, (HB 18-1041), ch. 19, p. 267, § 2, effective March 7; (2)(a.5)(VII) amended, (HB 18-1024), ch. 26, p. 322, § 12, effective October 1. L. 2019: (1.5)(c), (2)(a), (2)(a.5)(V), and (2)(d)(II) amended, (HB 19-1180), ch. 75, p. 276, § 2, effective April 4; (2)(a.5)(II), (2)(a.5)(III), and (2)(a.5)(IV) amended and (2)(a.5)(V.5) and (4) added, (HB 19-1092), ch. 137, p. 1736, § 1, effective August 2.

Cross references: For the legislative declaration contained in the 2002 act amending subsection (2)(b), see section 1 of chapter 318, Session Laws of Colorado 2002.