2953.Cruelty to Animals (Pen. Code, § 597(a))
The defendant is charged [in Count ] with cruelty to animals [in
violation of Penal Code section 597(a)].
To prove that the defendant is guilty of this crime, the People must
1. The defendant (maimed[,]/ [or] mutilated[,]/ [or] tortured[,]/ [or]
wounded[,] [or] killed) a living animal);
2. The defendant acted maliciously.
[Torture means every act, failure to act, or neglect that causes or
permits unnecessary or unjustiﬁable physical pain or suffering.]
[Maiming means disabling or disﬁguring an animal permanently or
depriving it of a limb, organ, or other part of the body.]
Someone acts maliciously when he or she intentionally does a wrongful
act or when he or she acts with the unlawful intent to disturb, annoy, or
injure an animal.
New August 2012; Revised February 2014
The court has a sua sponte duty to give this instruction deﬁning the elements of
The court will need to modify this instruction if Penal Code section 599(c) applies.
The committee concluded that the deﬁnition of “animal” provided in Penal Code
section 599b, including “every dumb creature,” would not be helpful to a jury and
that no deﬁnition of the word was necessary.
• Elements. Pen. Code, § 597(a).
•Deﬁnition of Torture. Pen. Code, § 599b
• Deﬁnition of Malicious. Pen. Code, § 7
• Maiming. See CALCRIM No. 800, Aggravated Mayhem
• General Intent Crime. People v. Alvarado (2005) 125 Cal.App.4th 1179, 1182
[23 Cal.Rptr.3d 391]
• Cruelty. People v. Burnett (2003) 110 Cal.App.4th 868, 873 [2 Cal.Rptr.3d