Cruelty to animals is illegal in Iowa, as it is across the country. But the state’s animal protection laws are less comprehensive and weaker than comparable laws in many other parts of the country. A report by the Animal Legal Defense Fund ranked Iowa as one of the “worst five” states for animals. Below, we’ve summarized the most important laws that pet owners and animal lovers should know about.

Animal Torture and Abuse

In Iowa, it’s a misdemeanor to abuse someone else’s animal by intentionally injuring, maiming, poisoning, or destroying it. The state also outlaws torturing any animal, regardless of who owns it. The law defines animal torture as causing severe physical pain with a depraved or sadistic intention to create prolonged suffering or death. Animal torture is a misdemeanor for the first offense, but it becomes a felony if the person already had a previous conviction for the same crime. (Iowa Code Ann. §§ 717B.2, 717B.3A).

Law enforcement officers may rescue animals they believe are threatened (after consulting with a veterinarian). After a civil hearing, the court will then decide if the animal is actually threatened and, if so, will transfer its care from the owner. (Iowa Code Ann. §§ 717B.4, 717B.5.) Unlike many other states, however, Iowa doesn’t force those who’ve been convicted of animal abuse to give up their pets.

Exceptions to Animal Abuse

The state exempts several kinds of legal activity from its animal torture and abuse laws, including:

• accepted practices at a research facility
• hunting, trapping, and fishing; and
• actions to protect people or property from loose or wild animals.

(Iowa Code Ann. §§ 717B.2, 717B.3A.)

Animal Neglect

It’s a misdemeanor in Iowa to neglect impounded or confined animals, whether intentionally or negligently, by:

• not giving them enough food and water
• not providing dogs or cats with shelter; or
• torturing, mutilating, beating, killing, or depriving animals of necessary food and water, in any way that creates unjustified pain, distress, or suffering.

However, Iowa law doesn’t set out standards for basic animal care, nor does it impose criminal penalties on pet owners who severely neglect animals that aren’t confined. (Iowa Code Ann. § 717B.3.)

Abandoning Dogs and Cats

Anyone who owns or is caring for a dog or cat may not abandon the animal, except by delivering it to an animal shelter or pound. The crime is a misdemeanor. (Iowa Code Ann. § 717B.8.)

Organized Animal Fighting

It’s a felony in Iowa to participate in organized animal fighting, from owning and training the animals to promoting or betting on the fights. Anyone who is simply a spectator at the fights will face misdemeanor charges for a first offense and felony charges for any subsequent offenses. The law applies to any contests where animals are injured, tortured, or killed for entertainment or profit, except hunting or fishing parties, rodeos, races, and similar events. (Iowa Code Ann. § 717D.1­-717D.4.)

Speaking With a Lawyer

If you’ve been accused of animal cruelty—or you’re worried about possible charges—it’s a good idea to speak with a criminal defense lawyer as soon as possible. An attorney experienced in this area should be able to explain:

• details on relevant state laws
• how local authorities tend to interpret those laws
• ordinances in your local community that may apply to your situation
• how you might recover your pet if authorities have already taken it, and
• any defense you might have to criminal charges.

Other questions you might have for a lawyer include:

• My neighbor keeps his dog chained up outside all day in the hot sun. The animal is clearly suffering. I’ve complained to the police and animal control officials, but no one will take any action. Would it be illegal for me to rescue the dog?
• I think a neighbor poisoned my dog by putting out tainted meat right on the property line between our yards. Can I sue the neighbor for the vet bills and distress?