According to the article "Over view of sate cruelty laws," there are only two types of acts punished: Intentional acts, and failure to act.
When it comes to charging some one with failure to act (neglect), there are a couple of things that have to be done. First of all, the prosecutor has to determine if the animal r

When dealing with intentional acts, punishments are most severe. If repeated, felonies will be charged under that law. For the states that do consider animal cruelty as a felony, a fine and jail time will be faced. Surprisingly, there are a few exceptions to to these laws. According to the table of state laws, institutions such as Zoos, circuses, pest control, and food production companies. Hunting and killing an animal in your own home is an humane way are also things that arent considered as animal cruelty.
To see the penalties your state charges click here: http://http://www.animallaw.info/articles/arus5animall69.htm
http://www.animallaw.info/articles/ovusstatecrueltylaws.htm
http://www.cnn.com/2000/US/07/03/animal.rights/
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