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How to Report Animal Cruelty in North Dakota: Laws, Steps, and Penalties

Animal cruelty reporting in North Dakota
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If you witness an animal being harmed, neglected, or abandoned in North Dakota, you have the power to do something about it. Knowing the right steps — and the right agency to call — can make the difference between an animal continuing to suffer and getting the help it needs.

North Dakota law draws clear distinctions between animal neglect, abuse, and cruelty, each carrying different penalties. The laws relating to the humane treatment of animals are found in NDCC 36-21.1 and 36-21.2. This guide walks you through what the law covers, who is responsible for reporting, how to file a report, and what happens once you do.

What Counts as Animal Cruelty in North Dakota

In North Dakota, there are three broad criminal offenses that deal with mistreatment of animals: animal neglect, animal abuse, and animal cruelty. Understanding the difference between them helps you describe what you witnessed accurately when you make a report.

Animal Neglect is the least severe tier. Any person that willfully engages in animal neglect is guilty of a class A misdemeanor. Neglect generally refers to the failure to provide adequate food, water, shelter, or veterinary care — situations where an animal’s basic needs go unmet over time.

Animal Abuse is a step above neglect. For purposes of this chapter, “animal abuse” means any act or omission that results in physical injury to an animal or that causes the death of an animal, but does not include any act that falls within the definition of animal cruelty, as set forth in section 36-21.2-03. Examples include hitting, kicking, or otherwise physically harming an animal in a way that causes injury.

Animal Cruelty is the most serious tier. When a person intentionally breaks a bone, tortures, or mutilates an animal, that constitutes the crime of animal cruelty — a class C felony.

No person may engage in or be employed at cockfighting, dogfighting, bearbaiting, pitting one animal against another, or any other similar cruelty, such as bear fighting, kangaroo boxing, or similar activity. Animal fighting is treated as a separate and serious offense under state law.

Animal abandonment is also a distinct offense. Any person that willfully engages in the abandonment of an animal is guilty of a class A misdemeanor. For purposes of this chapter, “abandonment” means the relinquishment of a person’s custody or control, with no intention of reclaiming that custody or control, and without placing the animal into the custody or control of another person that is able to provide care for the animal.

The law also addresses animals left in vehicles. Under NDCC 36-21.2-12, leaving an unattended animal in a motor vehicle is a separate offense, and an individual who violates this section is guilty of an infraction.

Important Note: North Dakota law does not cover every situation you might consider cruel. Certain activities are explicitly exempt, including standard livestock industry practices, pest and predator control, humane euthanasia, and actions taken in self-defense or defense of another animal. When in doubt, report what you observed and let law enforcement assess whether a violation occurred.

If you own dogs and want to understand how North Dakota law treats animals more broadly, see our guide on pit bull laws in North Dakota and our overview of leash laws in North Dakota.

Who Can Report Animal Cruelty in North Dakota

Any person who witnesses or has reasonable cause to suspect animal cruelty, neglect, or abuse in North Dakota can make a report. There is no restriction on who may come forward — neighbors, passersby, delivery drivers, or anyone else who observes a concerning situation has the right to contact authorities.

The person who directly observed the animals should make the report whenever possible. Firsthand accounts carry more weight in an investigation and give officers the clearest picture of what occurred.

If you are reporting a suspected animal abuse or neglect case, you are not required to provide your name or other personal information; however, your failure to supply requested information may impede or preclude the investigation of your tip by law enforcement agencies. Anonymous reports are accepted, but providing your contact information gives investigators a way to follow up if they need clarification.

By voluntarily providing information through communications with law enforcement or the Animal Health Division, you are consenting to the use and maintenance of that information. Any information you provide, whether verbally, in writing, or electronically, may be used for investigative purposes and may be shared as required by law.

You should also know that it is trespassing to go onto private property without the owner’s permission. Do not attempt to enter someone’s property to investigate or intervene on your own — that is law enforcement’s role.

Who Is Required to Report Animal Cruelty in North Dakota

While any member of the public may report suspected cruelty, certain professionals in North Dakota carry a legal obligation to do so. Veterinarians hold the most clearly defined mandatory reporting duty under state law.

A licensed veterinarian who reasonably believes an animal has been cruelly treated shall notify law enforcement and may retain custody of the animal. This duty applies any time a vet examines an animal and finds evidence consistent with abuse or cruelty.

The statute goes further than simply notifying authorities. If upon examining an animal a licensed veterinarian determines that there is reasonable cause to believe an animal has been neglected, abused, treated cruelly, or subjected to any act or omission in violation of this chapter, the veterinarian may retain custody of the animal and shall immediately notify law enforcement officials regarding the determination.

Veterinarians are mandated to report suspected animal abuse in North Dakota, placing the state among more than two dozen jurisdictions nationwide with this requirement. Most of these states grant immunity from civil and/or criminal liability for good-faith reports.

In North Dakota, humane organizations do not have legal jurisdiction. They do not have the authority to investigate complaints or remove animals from bad situations. They must report complaints of abuse or neglect to local law enforcement. This means that even if you contact a local humane society, they will route your report to law enforcement — so going directly to the police or sheriff’s office is the most direct path.

Key Insight: North Dakota does not have a statewide mandatory reporting law that applies to the general public for animal cruelty — but veterinarians are legally required to report. If your vet examines an animal you are concerned about, they are obligated to act on what they find.

How to Report Animal Cruelty in North Dakota

If you are concerned that animals are being neglected or abused, report that information to the local law enforcement agency which has jurisdiction over the area where the animals are located. The legal authority to investigate allegations of inhumane treatment belongs to local law enforcement agencies.

Few North Dakota counties have animal control or humane societies empowered to investigate animal abuse, so such investigation would normally default to the local sheriff’s department or police department. Knowing this in advance saves time when an emergency arises.

When you call, be as specific as possible. The North Dakota Department of Agriculture recommends the following when filing a report:

  • Provide a complete address, legal land description, or very detailed directions to the location of the animals.
  • Provide the owner’s first and last name, if possible.
  • Provide as many details as possible regarding the number, type, and physical description of the animals.
  • Describe the specific concern and when it was first noted.

If you are reporting a crime or event that is being committed now, or it is time sensitive, please call your local law enforcement immediately. For active emergencies, call 911 rather than a non-emergency line.

For situations in Bismarck specifically, you can contact the Central Dakota Humane Society at 701-667-2020, your local animal shelter, or law enforcement. To report abuse or neglect in Bismarck and remain anonymous, call 701-255-3113.

If you suspect a puppy mill operation, the Humane Society of the United States will pay a $2,500 reward for information leading to the arrest and conviction of an animal abuser. To report a puppy mill, call 877-MILL-TIP. For dogfighting specifically, the HSUS will pay up to $5,000 for information leading to the arrest and conviction of a dogfighter — call 1-877-TIP-HSUS for details.

Pro Tip: Save your county sheriff’s non-emergency number in your phone now, before you ever need it. The National Link Coalition’s North Dakota directory lists contact numbers for every county’s sheriff’s department and any local animal control agency.

If you are concerned about a dog or cat you have seen in poor condition, document what you observe — photographs and written notes with dates and times strengthen any report you file.

What Happens After You Report in North Dakota

Once you file a report, law enforcement takes over. Tips or reports regarding animal abuse or neglect are given to the local law enforcement for the jurisdiction in which the reported animal abuse or neglect is or has occurred.

Officers have a range of options depending on what they find. In cases of neglect, the officer may speak with the owner, issue a citation, and give the owner a chance to correct the violation. Not every report results in an immediate seizure — especially in lower-level neglect situations where the owner can remedy the problem.

For more serious cases, law enforcement can move quickly. In North Dakota, a law enforcement officer can ask the court for an order for the seizure of any animal believed to have been neglected, abused, or treated cruelly. In some cases, authorities can seize an animal without giving notice to the animal’s owner or guardian.

The court process for seizure follows a defined procedure. A law enforcement officer, upon a recommendation from a licensed veterinarian approved by the board of animal health, may petition the court for an order directing the seizure of any animal believed to have been neglected, abused, treated cruelly, or subjected to any act or omission in violation of this chapter.

The court, upon a recommendation from a licensed veterinarian approved by the board of animal health, may act without notice to the animal’s owner or to the person having custody or control of the animal and may rely solely on testimony or an affidavit in considering the petition.

After an animal is taken into custody: the officer will care for the animal directly or by working with someone else. A law enforcement officer may take custody of an abandoned animal and must provide care for the animal and notice of the animal’s custody.

Research on the connection between animal abuse and other forms of violence underscores why these reports matter. National studies show that people who abuse animals are highly likely to either be abusing family members or to have been abused themselves. One study found that in 71 percent of cases involving spousal abuse, animal abuse was also occurring, and in cases of child abuse, over 85 percent of the abusers were also abusing the family pets. If you suspect both animal and human abuse in a household, report both concerns — to law enforcement for the animals and to the appropriate child or domestic violence services for the people involved.

For context on how North Dakota’s approach compares to a neighboring state, see our article on animal cruelty laws in North Carolina.

Penalties for Animal Cruelty in North Dakota

North Dakota law sets penalties across three tiers, with the severity of the charge tied to the nature of the offense and the offender’s prior history. The North Dakota Century Code Chapter 36-21.2 governs these penalties.

OffenseClassificationMaximum Penalty
Animal NeglectClass A MisdemeanorUp to 360 days imprisonment and/or $3,000 fine
Animal Abuse (1st or 2nd offense)Class A MisdemeanorUp to 360 days imprisonment and/or $3,000 fine
Animal Abuse (3rd or subsequent offense)Class C FelonyUp to 5 years imprisonment and/or $10,000 fine
Animal CrueltyClass C FelonyUp to 5 years imprisonment and/or $10,000 fine
Animal AbandonmentClass A MisdemeanorUp to 360 days imprisonment and/or $3,000 fine
Animal Fighting (participating or employed)Class C FelonyUp to 5 years imprisonment and/or $10,000 fine
Animal Fighting (spectator/witness)Class A MisdemeanorUp to 360 days imprisonment and/or $3,000 fine
Unattended Animal in Motor VehicleInfractionFine only

The penalty figures above reflect the maximum sentencing ranges under North Dakota law: a Class A misdemeanor carries a maximum of 360 days imprisonment and/or a $3,000 fine; a Class B misdemeanor carries a maximum of 30 days imprisonment and/or a $1,500 fine; and a Class C felony carries up to 5 years imprisonment and/or a $10,000 fine.

Offenses involving multiple animals carry enhanced penalties. Under NDCC 36-21.2-15, if a violation of this chapter involves multiple animals, whether of the same species or not, the violation is subject to enhancement of the offense.

Working animals and service animals receive specific protections as well. Willfully harassing, taunting, provoking, or interfering with a law enforcement animal is a Class A misdemeanor. Killing or seriously injuring a law enforcement animal is a Class C felony. Willfully harassing, taunting, provoking, or interfering with a service animal is a Class A misdemeanor, and killing or seriously injuring a service animal is a Class C felony.

Courts may also order restitution, forfeiture of animals, bans on future animal ownership, and rehabilitative sentencing. The Animal Legal Defense Fund’s 2023 compendium of North Dakota animal protection laws provides a detailed breakdown of all civil and criminal provisions, including seizure authority and protection order provisions.

North Dakota’s wildlife also benefits from legal protection. Learn more about the state’s animals through our guides on endangered animals in North Dakota and venomous animals in North Dakota. For more on how state law intersects with animals you may encounter outdoors, see our articles on roadkill laws in North Dakota and rooster crowing laws in North Dakota.

If you see something, report it. A single phone call to your local sheriff’s office or police department can put an investigation in motion and get an animal out of a dangerous situation. The law is on your side — and so is the animal.

Spread the love for animals! 🐾

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