Cruelty to animals is illegal in South Carolina, as it is across the country. The Palmetto State’s animal protection laws are less comprehensive than in many other states, but they cover the basic forms of abuse and neglect. Below, we’ve summarized the most important laws that pet owners and animal lovers should know about.
What Is Considered Animal Cruelty or Abuse in South Carolina?
Under South Carolina law, it’s illegal to neglect or abuse an animal, and the crime can be a misdemeanor or felony depending on the severity of the mistreatment. South Carolina’s animal cruelty laws cover failure to provide necessities, intentional physical abuse, and using animals for organized fighting.
Misdemeanor Animal Neglect and Abuse in S.C.
In South Carolina, it’s a misdemeanor to neglect or mistreat an animal intentionally. The law spells out several forms of illegal treatment, including:
- causing unnecessary pain or suffering
- depriving an animal of necessary food, water, or shelter
- carrying an animal in or on a vehicle in an unnecessarily cruel way
- abandoning an animal, and
- dying or coloring an animal.
Felony Animal Cruelty in S.C.
More serious forms of animal cruelty are a felony in South Carolina, including:
- torture
- needless mutilation
- cruel killing, and
- causing excessive or repeated pain or suffering that isn’t necessary.
Organized Animal Fighting
It’s a felony in South Carolina to participate in dogfighting and most other kinds of organized animal fighting. That participation can range from owning or training the animals to allowing one's property to be used for a fight. However, participating in cockfighting is only a misdemeanor, as is watching any kind of animal fight.
When is Animal Control Allowed to Take Your Pet in South Carolina?
When someone is charged with animal cruelty, the South Carolina Society for the Prevention of Cruelty to Animals can take custody of the animal. If the person isn’t convicted, they can get their pet back. But if they are convicted, the animal will be adopted out. If the animal isn’t suitable for adoption, it will be humanely euthanized.
What is the Punishment for Animal Cruelty in SC?
The punishment for animal cruelty will vary, depending on the case.
The punishment for most misdemeanor animal cruelty can result in up to 90 days in jail or a fine of up to $1,000, or both, for a first offense. Any subsequent misdemeanor offenses for animal cruelty can often be punished by up to two years in jail or a fine of up to $2,000, or both. Some misdemeanors, like dying or coloring an animal, are less serious and carry 30 days or less in jail or a fine of $200.
The punishment for most felony animal cruelty offenses is at least 180 days in prison (up to a five-year maximum) and a $5,000 fine.
(S.C. Code Ann. §§ 16-27-30, 47-1-40(A), 47-1-50, 47-1-70, 47-1-125 (2023).)
Does South Caroline Have Any Exceptions to Animal Cruelty Laws?
Several kinds of legal activity are exempt from South Carolina’s animal cruelty laws, including farm operations, veterinary practice, wildlife management, and training dogs for hunting.
(S.C. Code Ann. § 47-1-40(C) (2023).)
How to Report Animal Abuse
If you see or hear an animal that appears to be abused, mistreated, or neglected, contact your local animal control agency, law enforcement, or the humane society. Staffers at the humane society can usually tell you if local police or sheriffs are likely to act on the problem, and whether there are local ordinances that apply to the situation. And even if the owner’s behavior isn’t against the law or an ordinance, the humane society may be able to do something to correct the problem. If you’re concerned about conditions at a puppy mill or pet shop, contact the nearest office of the U.S. Department of Agriculture.
Speaking With a Lawyer
If you’ve been accused of animal cruelty—or you’re worried about possible charges—you should 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.