Article 340 bis Spanish Criminal Code: Animal cruelty

1. Whoever, outside the activities which are lawfully regulated and by any means or procedure, including acts of a sexual nature, causes to a domestic, tamed or domesticated animal, or to one which lives temporarily or permanently under human control, an injury requiring veterinary treatment for the restoration of its health, shall be punished with imprisonment of three to eighteen months or a fine of six to twelve months and with the penalty of special disqualification of one to three years from the exercise of a profession, trade or business connected with animals and from the keeping of animals.

If the injuries of the preceding paragraph are caused to a vertebrate animal not covered by that paragraph, the penalty of imprisonment of three to twelve months or a fine of three to six months shall be imposed, in addition to the penalty of special disqualification of one to three years from the exercise of a profession, trade or business connected with animals and from the keeping of animals.

If the offence has been committed using firearms, the judge or court may, with reasons, impose the penalty of deprivation of the right to possess and carry weapons for a term of one to four years.

2. The penalties provided for in the preceding paragraph shall be imposed in their upper half where any of the following aggravating circumstances is present:

a) Using weapons, instruments, objects, means, methods or forms which might prove dangerous to the life or health of the animal.

b) Carrying out the act with cruelty.

c) Causing to the animal the loss or the disablement of a sense, organ or principal limb.

d) Carrying out the act by the owner or by the person entrusted with the care of the animal.

e) Carrying out the act in the presence of a minor or of a particularly vulnerable person.

f) Carrying out the act with intent to gain.

g) Committing the act in order to coerce, intimidate, harass or cause psychological harm to a person who is or has been the spouse of the perpetrator or to a person who is or has been bound to the perpetrator by an analogous relationship of affection, even without cohabitation.

h) Carrying out the act at a public event or disseminating it through information or communication technologies.

i) Using poison, explosive means or other instruments or devices of similar destructive or non selective effectiveness.

3. Where, on the occasion of the acts provided for in the first paragraph of this article, the death is caused of a domestic, tamed or domesticated animal, or of one which lives temporarily or permanently under human control, the penalty of imprisonment of twelve to twenty four months shall be imposed, in addition to the penalty of special disqualification of two to four years from the exercise of a profession, trade or business connected with animals and from the keeping of animals.

Where, on the occasion of the acts provided for in the first paragraph of this article, the death is caused of a vertebrate animal not covered by the preceding paragraph, the penalty of imprisonment of six to eighteen months or a fine of eighteen to twenty four months shall be imposed, in addition to the penalty of special disqualification of two to four years from the exercise of a profession, trade or business connected with animals and from the keeping of animals.

If the offence has been committed using firearms, the judge or court may, with reasons, impose the penalty of deprivation of the right to possess and carry weapons for a term of two to five years.

Where any of the circumstances provided for in the preceding paragraph is present, the judge or court shall impose the penalties in their upper half.

4. If the injuries caused do not require veterinary treatment, or if the animal has been seriously ill treated without injuries being caused to it, a penalty of a fine of one to two months or community service of one to thirty days shall be imposed. Likewise, the penalty of special disqualification of three months to one year from the exercise of a profession, trade or business connected with animals and from the keeping of animals shall be imposed.

Working translation prepared by Société Juridique from the consolidated Spanish text published by the Official State Gazette. It has no official status: the only authoritative version is the Spanish original, available at the Official State Gazette and reproduced verbatim in our Spanish-language entry for this provision. Source: Organic Law 10/1995 of 23 November, the Spanish Criminal Code.