Maine takes the protection of animals seriously. The Animal Legal Defense Fund ranks the state as one of the best in the nation for protecting pets and wildlife from cruelty or death. Extensive statutes address the welfare of animals, and state attorneys have some flexibility in prosecuting and assessing penalties, which can be harsh.
You can kill your own cat or dog in Maine, but only if five conditions are met. You must use a firearm and the first shot must kill the animal instantly. You must be over 18 and ensure that no one – including other animals – gets hurt. If the animal must be restrained first, you must do it in such a way that he doesn’t suffer unnecessarily. This rule allows animals to be “put down” or “put to sleep” without a visit to the vet. Veterinarians are subject to animal cruelty laws in Maine, too. They’re only permitted to euthanize an animal in a way that’s accepted by national licensed veterinarian associations and the death must be instant. You can’t kill anyone else’s animal unless you’re acting as the owner’s agent and he’s expressly asked you to take the onerous task off his hands.
It’s a crime to overwork a dog or farm animal in Maine. And if your pet is poisoned because you accidentally allowed him access to some toxic substance -- for example, because you spilled antifreeze on the driveway and neglected to remove it and your dog lapped it up -- you may be in violation of the law. Maine law states that you can’t give an animal alcohol and you can’t inject anything into an animal that’s intended to improve his performance. You can’t confine him in such a way that he can’t escape extreme heat or cold, such as by leaving him in your car for an extended period of time. It’s also illegal to deny him proper medical care, shelter or food.
Maine law makes a few distinctions between domestic animals and wildlife. You can’t kill wildlife in an inhumane manner, but if you purchase a license, you can hunt within the restrictions of the law. The hunting statutes specify seasons when you can pursue certain species and how many kills you can have. If your property is overrun by groundhogs or other pests, the law permits you to get rid of them, and if a bear or any other unwanted animal wanders onto your property, you can use “reasonable force” to “eject the trespassing animal.”
If you’ve illegally hurt or killed an animal, the state attorney has the option of charging you with either a criminal offense or civil violation. An honest mistake, such as your pup slurping up some antifreeze, would most likely result in a civil violation, but if you’re operating a dog-fighting ring, this is probably a criminal offense. Maine is among a handful of states that doesn’t identify crimes as felonies or misdemeanors. They’re sorted into classes ranging from A to E, with A being the most serious. Cruelty to animals is often a Class D crime punishable by up to a year in jail and up to a $2,000 fine, but in no case can the fine be less than $500. If you have two or more previous convictions for the same sort of behavior, the charge jumps to a Class C crime, punishable by up to five years in prison and up to a $5,000 fine.
Civil fines can range from $500 to $2,500 for a first offense, up to $1,000 to $5,000 for multiple offenses. Maine judges can also prohibit you from ever owning an animal again, or from owning one for a prescribed period of time. If the animal you're found to have mistreated doesn’t die, you’ll be charged with paying for his medical care, and you can also be held responsible for costs involved in finding him a new home. The court can even order psychological testing or counseling for you.
