Section 77. Whoever overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, cruelly beats, mutilates or kills an animal, or causes or procures an animal to be overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of necessary sustenance, cruelly beaten, mutilated or killed; and whoever uses in a cruel or inhuman manner in a race, game, or contest, or in training therefor, as lure or bait a live animal, except an animal if used as lure or bait in fishing; and whoever, having the charge or custody of an animal, either as owner or otherwise, inflicts unnecessary cruelty upon it, or unnecessarily fails to provide it with proper food, drink, shelter, sanitary environment, or protection from the weather, and whoever, as owner, possessor, or person having the charge or custody of an animal, cruelly drives or works it when unfit for labor, or willfully abandons it, or carries it or causes it to be carried in or upon a vehicle, or otherwise, in an unnecessarily cruel or inhuman manner or in a way and manner which might endanger the animal carried thereon, or knowingly and willfully authorizes or permits it to be subjected to unnecessary torture, suffering or cruelty of any kind shall be punished by imprisonment in the state prison for not more than 7 years in state prison or imprisonment in the house of correction for not more than 2 1/2 years or by a fine of not more than $5,000 or by both fine and imprisonment; provided, however, that a second or subsequent offense shall be punished by imprisonment in the state prison for not more than 10 years or by a fine of not more than $10,000 or by both such fine and imprisonment. Notwithstanding section 26 of chapter 218 or any other general or special law to the contrary, the district courts and the divisions of the Boston municipal court department shall have original jurisdiction, concurrent with the superior court, of a violation of this section.
In addition to any other penalty provided by law, upon conviction for any violation of this section or of sections 77A, 77C, 78, 78A, 79A, 79B, 80A, 80B, 80C, 80D, 80E, 80E1/2, 80F, 86, 86A, 86B or 94 the defendant shall forfeit to the custody of any society, incorporated under the laws of the commonwealth for the prevention of cruelty to animals or for the care and protection of homeless or suffering animals, the animal whose treatment was the basis of such conviction.
A person convicted of a crime of cruelty to an animal shall be prohibited from working in any capacity that requires such person to be in contact with an animal, including a commercial boarding or training establishment, shelter, animal control facility, pet shop, grooming facility, commercial breeder service, veterinary hospital or clinic or animal welfare society or other nonprofit organization incorporated for the purpose of providing for and promoting the welfare, protection and humane treatment of animals.
Structure Massachusetts General Laws
Part IV - Crimes, Punishments and Proceedings in Criminal Cases
Title I - Crimes and Punishments
Chapter 272 - Crimes Against Chastity, Morality, Decency and Good Order
Section 1 - Enticing Away Person Under 16 for Marriage
Section 2 - Enticing Away Person for Prostitution or Sexual Intercourse
Section 3 - Drugging Persons for Sexual Intercourse
Section 4 - Inducing Person Under Eighteen to Have Sexual Intercourse
Section 4a - Inducing Minor Into Prostitution
Section 4b - Living Off or Sharing Earnings of Minor Prostitute
Section 7 - Support From, or Sharing, Earnings of Prostitute
Section 8 - Soliciting for Prostitute
Section 10 - Arrest Without Warrant
Section 11 - Corroboration of One Witness; Limitations
Section 13 - Detaining, or Drugging to Detain, Person in Place for Prostitution
Section 16 - Open and Gross Lewdness and Lascivious Behavior
Section 17 - Incestuous Marriage or Sexual Activities
Section 21a - Furnishing Drugs, Articles or Information for Prevention of Pregnancy or Conception
Section 22 - Concealment of Death of Child Born Out of Wedlock
Section 23 - Joinder of Charges of Murder and Offense Under Sec. 22
Section 24 - Keeping House of Ill Fame
Section 25 - Obstructing View of Restaurant or Tavern Patrons; Barricaded Entrances
Section 26 - Resorting to Restaurants or Taverns for Immoral Purposes
Section 27 - Record of Convictions Under Sec. 25 or Sec. 26 Sent to Licensing Officers
Section 28 - Matter Harmful to Minors, Dissemination; Possession; Defenses
Section 28d - Answer to Notice; Right to Jury Trial
Section 28e - Order of Default; Adjudication
Section 28f - Hearing; Evidence; Adjudication
Section 28g - Objection That Mere Judgment Sought and No Relief Claimed on Issue of Knowledge
Section 29 - Dissemination or Possession of Obscene Matter; Punishment; Defense
Section 29a - Posing or Exhibiting Child in State of Nudity or Sexual Conduct; Punishment
Section 32 - Motion Picture Theater Managers or Operators; Applicability of Secs. 28, 29 and 29a
Section 33 - Exhibition of Deformities
Section 34 - Crime Against Nature
Section 35 - Unnatural and Lascivious Acts
Section 35a - Unnatural and Lascivious Acts With Child Under 16
Section 36a - Sporting Events; Penalty for Abuse of Participants and Officials
Section 38 - Disturbance of Assembly for Worship
Section 40a - Alcoholic Beverages; Gift, Sale, Delivery or Possession on Public School Premises
Section 41 - Disturbance of Libraries
Section 42 - Disturbance of Funerals
Section 42a - Disturbance of Funeral Services
Section 42b - Disturbance of Military Funeral Service; Penalty
Section 43 - Disorderliness in Public Conveyances; Disturbance of Travelers
Section 53 - Penalty for Certain Offenses
Section 54 - Apprehension for Certain Offences, Without Warrant; Custody
Section 56 - Subsequent Offenses; Breach of Recognizance on Appeal
Section 57 - Discharge Upon Recognizance; Payment of Expenses of Prosecution
Section 58 - Employing or Permitting Employment of Minor Under 15 to Beg
Section 60 - Disposal of Rubbish, etc.; Refusal to Remove; Arrest Without Warrant
Section 61 - Conviction After Discharge From Sentence Under Sec. 53
Section 62 - Third Conviction of Being a Common Nightwalker
Section 63 - Tramps; Begging or Riding Freight Trains as Prima Facie Evidence
Section 65 - Arrest of Tramps Without Warrant; Making Complaint
Section 67 - Vagrants; Arrest Without Warrant; Taking Before Court; Complaint
Section 69 - Vagabonds; Arrest Without Warrant; Taking Before Court; Complaint
Section 70 - Taking Dead Body on Process or Execution
Section 71 - Disinterring Bodies
Section 72 - Buying, Selling or Possessing Dead Bodies
Section 73 - Tombs, Graves, Memorials, Trees, Plants; Injuring, Removing
Section 73a - Removal of Gravestones and Other Memorials for Repair or Reproduction
Section 74 - Desecrating Place of Burial; Use and Occupation as Evidence of Title
Section 75 - Removal of Flowers, Flags or Memorial Tokens From Burial Lot
Section 76 - Ways, Railroads, Canals or Public Easements Through Burial Grounds
Section 77 - Cruelty to Animals; Prohibition From Work Involving Contact With Animals
Section 77a - Willfully Injuring Police Dogs and Horses
Section 77b - Exhibition of Wild Animals
Section 77c - Sexual Contact With Animal
Section 78 - Selling, Leading, or Using Horses Not Fit for Work; Forfeiture of Auctioneer's License
Section 78a - Sale of Foals Under Five Months; Penalty
Section 79a - Cutting Bones or Muscles to Dock or Set Tail of Horse; Wound as Evidence
Section 801/2 - Devocalization of Dogs or Cats; Definitions; Penalty; Exceptions; Records
Section 80a - Cropping or Cutting Off Ear of Dog; Wound as Prima Facie Evidence
Section 80b - Exhibiting Dogs With Ears Cropped or Cut Off
Section 80d - Living Rabbits, Baby Chickens, Ducklings or Other Fowl; Sale, Barter or Gift
Section 80e - Putting Animal to Death by Use of Decompression Chamber
Section 80e1/2 - Putting Animal to Death by Drowning
Section 80f - Giving Away Live Animals as Prize or Award
Section 80g - Experiments on Vertebrates; Vivisection, Dissection of Animals; Care
Section 80h - Motor Vehicles; Striking, Injuring or Killing Dogs or Cats
Section 80i - Leasing or Renting Dogs; Penalties
Section 81 - Rest, Water and Feed for Transported Animals; Lien; Liability for Detention
Section 82 - Arrest Without Warrant for Violation of Sec. 77 or 81; Notice; Care of Animals; Lien
Section 83 - Complaint, Warrant and Search Relative to Cruelty to Animals
Section 84 - Prosecutions Under Secs. 77 to 81
Section 85b - Assistance Animals Stolen or Attacked; Actions for Economic and Non-Economic Damages
Section 86 - Stabling Horses or Mules on Second or Higher Floors, in Places Other Than Cities
Section 86a - Stabling Horses and Mules Above First Floor; Exceeding Six; Fire Exits
Section 86b - Stabling Horses or Mules Exceeding Fifteen
Section 86c - Smoking in Buildings Used for Stabling Horses or Mules
Section 86d - Pails of Water and Sand in Buildings Used for Stables
Section 86e - Entry Upon Premises to Enforce Secs. 86a to 86d; Orders
Section 86f - Violation of Secs. 86 to 86d; Refusal or Neglect to Comply With Sec. 86e Orders
Section 88 - Complaints and Warrants Relative to Fighting Animals; Searches; Arrests
Section 90 - Custody of Arrested Persons; Time Limitation
Section 92 - Appeal; Recognizance; Custody and Disposition of Animals
Section 93 - Expenses of Care and Destruction of Fighting Animals
Section 95 - Aiding or Being Present at Exhibition of Fighting Animals
Section 96 - False Notice of Birth, Marriage or Death
Section 98c - Libel; Groups of Persons; Defenses; Punishment; Prosecutions
Section 99 - Interception of Wire and Oral Communications
Section 99a - Jury Deliberations; Overhearing by Use of Devices