Hawaii is known for its deep cultural connection to the natural world, and that relationship extends to how the state treats animals under the law. Whether you own a pet, witness suspected abuse in your neighborhood, or simply want to understand your rights and responsibilities, knowing how Hawaii’s animal cruelty statutes work matters.
Hawaii’s animal cruelty laws are found primarily in Chapter 711 of the Hawaii Revised Statutes (HRS), which covers offenses against public order. The statutes distinguish between misdemeanor and felony conduct, set out specific neglect standards, and authorize both law enforcement and humane society investigators to act on reports. This guide walks you through each layer of the law so you know exactly where Hawaii stands.
Important Note: This article is for general informational purposes only and does not constitute legal advice. If you are facing animal cruelty charges or need guidance on a specific situation, consult a licensed Hawaii attorney.
What Counts as Animal Cruelty in Hawaii
Hawaii law draws a clear line between two tiers of animal cruelty — first degree and second degree — based on the severity of the act and the mental state of the person involved. Both tiers cover a broad range of conduct that goes well beyond obvious physical abuse.
Under HRS § 711-1109, a person commits cruelty to animals in the second degree if they intentionally, knowingly, or recklessly overdrive, overload, torture, torment, beat, cause substantial bodily injury to, or starve any animal, deprive a pet animal of necessary sustenance, mutilate, poison, or kill without need any animal other than insects, vermin, or other pests. The statute also covers participation in animal fighting enterprises.
A person commits the offense of cruelty to animals in the first degree if they intentionally or knowingly torture, mutilate, or poison any pet animal or equine animal resulting in serious bodily injury or death, or kill or attempt to kill any pet animal belonging to another person without legal authority or the owner’s consent. This is the most serious tier of animal cruelty under Hawaii law.
The distinction between “substantial bodily injury” and “serious bodily injury” is legally significant. Substantial bodily injury — such as a major laceration or deep wound — typically triggers misdemeanor-level charges, while serious bodily injury or death to a pet or equine animal supports a felony charge under the first-degree statute.
Key Insight: Hawaii law covers both active harm (beating, poisoning) and passive harm (starvation, deprivation of water). You do not have to physically strike an animal for your conduct to qualify as cruelty under HRS Chapter 711.
Animal Neglect Laws in Hawaii
Neglect is treated as a distinct and serious category under Hawaii’s animal cruelty framework. The legislature recognized decades ago that daily, low-level neglect causes real suffering even when it lacks the dramatic character of outright violence.
Act 173, Session Laws 1998, amended HRS § 711-1109 to provide that depriving pet animals of necessary sustenance constitutes the crime of cruelty to animals. The legislature noted that the statute previously identified only the most heinous acts, such as beating, mutilation, poisoning, starvation, and torture. However, on a daily basis, less overt acts such as daily neglect also resulted in inhumane treatment of animals. The legislature agreed that pet animals deserved a minimum level of care including adequate food, water, and shelter.
Abandonment is also addressed separately. Under HRS § 711-1109.7, it is unlawful for the owner or any person in possession of any pet animal or equine animal to desert that animal. A violation is a petty misdemeanor with a fine not exceeding $1,000. If the person recklessly causes the death of or substantial bodily injury to the animal through desertion, the offense rises to a misdemeanor with a fine not exceeding $2,000.
Tethering rules also fall under the neglect umbrella. Act 160, Session Laws 2009, amended HRS § 711-1109 to include intentionally, knowingly, or recklessly tethering, fastening, tying, or restraining a dog to a doghouse, tree, fence, or any other stationary object by means of a choke collar, pinch collar, or prong collar as a form of cruelty, though a person is not prohibited from using such restraints when walking a dog with a handheld leash or while a dog is engaged in a supervised activity.
Misdemeanor vs. Felony Animal Cruelty in Hawaii
Understanding where a specific act falls on the misdemeanor-to-felony spectrum helps you gauge the seriousness of a situation and the potential consequences for a person accused of animal cruelty in Hawaii.
| Offense | Statute | Classification |
|---|---|---|
| Cruelty to animals in the second degree (general) | HRS § 711-1109 | Misdemeanor |
| Cruelty to animals in the second degree (10+ pet animals) | HRS § 711-1109 | Class C Felony |
| Cruelty to animals in the first degree | HRS § 711-1108.5 | Class C Felony |
| Pet/equine animal desertion (no injury) | HRS § 711-1109.7 | Petty Misdemeanor |
| Pet/equine animal desertion (death or injury) | HRS § 711-1109.7 | Misdemeanor |
| Causing injury or death to a service/law enforcement animal | HRS § 711-1109.4 | Class C Felony |
| Dog fighting in the first degree | HRS § 711-1109.3 | Class B Felony |
Cruelty to animals in the second degree is a misdemeanor, except that if the offense involves ten or more pet animals in any one instance, then cruelty to animals in the second degree is a class C felony. This threshold was added specifically to address large-scale abuse and hoarding situations.
Cruelty to animals in the first degree is a class C felony. Hawaii uses the general sentencing guidelines under HRS Chapter 706 to set imprisonment and fine ranges for class B and C felonies, which are discussed in the penalties section below.
If you are looking at how Hawaii’s approach compares to other states, the framework is similar in structure to what you will find when reviewing animal cruelty laws in California or animal cruelty laws in Washington, though the specific thresholds and penalty ranges differ by jurisdiction.
Aggravated Animal Cruelty and Special Circumstances in Hawaii
Hawaii law carves out several categories of conduct that carry enhanced or distinct penalties beyond the standard cruelty tiers. These special circumstances reflect the legislature’s judgment that certain situations — animal fighting, harm to service animals, sexual assault of animals — require a stronger response.
Dog Fighting
Act 149 amended HRS § 711-1109.3 by converting the existing offense to cruelty to animals by fighting dogs in the first degree, clarifying the elements of the offense, and increasing the penalty from a class C felony to a class B felony. Owning or training a dog to fight is treated as a first-degree offense. Dog fighting constitutes a felony where the person owns or trains the dog to fight.
Cockfighting and Bird Fighting
Hawaii has historically been one of the few states with a significant cockfighting culture, and the legislature has worked to bring bird-fighting laws in line with dog-fighting statutes. The legislature found that illegal animal fighting is directly associated with other criminal activities such as illegal gambling, illegal firearms possession, illegal drug distribution, endangerment of minors, and human violence. Hawaii is one of only eight states that lacks a felony penalty for animal fights between birds and has no existing penalty for attending a fight or allowing a minor to attend a fight — a gap that legislators have sought to close through proposed legislation.
Service and Law Enforcement Animals
Any person who commits the offense of causing injury or death to a service animal or law enforcement animal is guilty of a class C felony. In addition to other penalties, any person convicted of a violation of this section shall be ordered to make restitution to the owner of the service animal or law enforcement animal for any veterinary bills and out-of-pocket costs incurred, and to the person, entity, or organization that incurs the cost of retraining or replacing the service animal or law enforcement animal if it is disabled or killed. Intentional interference with a service or law enforcement animal’s duties is a misdemeanor.
Sexual Assault of an Animal
Act 31, Session Laws 2021, established HRS § 711-1109.8 to create the offense of sexual assault of an animal. The legislature found that sexual assault of an animal has been significantly linked to the sexual abuse of children as well as interpersonal violence and other forms of animal cruelty. Sexual assault of an animal is a misdemeanor for the first offense and a class C felony for the second or subsequent offense. If the offense subjected a minor to sexual contact with an animal or was committed in the presence of a minor, sexual assault of an animal is a class B felony.
Exemptions Under Hawaii’s Animal Cruelty Laws
Hawaii’s statutes do not apply uniformly to every interaction with animals. The law recognizes several categories of activity that are explicitly exempted, even when those activities might otherwise appear to meet the definition of cruelty.
Accepted veterinary practices when performed by a veterinarian licensed under chapter 471, and activities carried on for scientific research governed by standards of accepted educational or medicinal practices, are exempt from the first-degree cruelty statute. This exemption was clarified by Act 221, Session Laws 2024, which tightened the language to make clear that the veterinary exemption applies only when a licensed veterinarian performs the procedure.
Act 221, Session Laws 2024, also repealed the exemption of cropping and docking as customarily practiced under the offense of cruelty to animals in the first degree. The legislature found that there was a need for more explicit laws to protect pet animals from significant harm caused by veterinary procedures performed by unlicensed individuals. In practical terms, this means that ear cropping and tail docking performed by non-veterinarians no longer enjoy a legal safe harbor in Hawaii.
Other recognized exemptions include:
- Humane euthanasia carried out by a licensed animal control officer, duly incorporated humane society, or authorized governmental agency
- Pest control and extermination of insects, vermin, or other pests when conducted in accordance with standard practices and applicable law
- Activities required under a management plan approved by state or federal agencies for the protection of species listed as threatened or endangered, or for the protection of public health, safety, or property, when carried out by employees of state or federal agencies or designated cooperators
- Immediate destruction of an animal so severely injured that there is no reasonable probability its life or usefulness can be saved
Agricultural and livestock practices that are standard and accepted in the industry also generally fall outside the scope of the cruelty statutes, though Hawaii does not have a broad “ag-gag” law shielding all farm operations from scrutiny.
Who Enforces Animal Cruelty Laws in Hawaii
Enforcement of animal cruelty laws in Hawaii involves multiple agencies, and the responsible party often depends on which island or county you are in.
Hawaiian Humane’s investigators investigate tips of potential animal cruelty and abuse, and their officers specialize in animal law enforcement and criminal justice. The Hawaiian Humane Society is the only authority outside of the Honolulu Police Department that can rescue animals and investigate cruelty on behalf of the City and County of Honolulu. This dual-agency structure means that on Oahu, both HPD and the Hawaiian Humane Society play active roles.
Local, state, and federal laws all protect animals and people in the community. Enforcement of these laws is determined by jurisdiction and may involve the Hawaiian Humane Society, the Honolulu Police Department, or other agencies.
On the neighbor islands, county humane societies and animal control agencies carry primary enforcement responsibility. On Kauai, for example, the Kauai Humane Society is contracted to respond to stray dog pickup and custody seizures, investigation and citation for leash laws, dangerous dog claims, licensing, and investigating animal cruelty, neglect, and abuse.
Agents of any society for the prevention of cruelty to animals are authorized to make arrests for violations of HRS § 711-1109. Hawaii deputizes humane society members, giving them arrest authority that goes beyond what ordinary citizens possess. The Hawaii Department of Agriculture also plays a role in cases involving livestock and equine animals.
For context on how enforcement structures vary across states, see how animal cruelty laws in Florida and animal cruelty laws in Texas divide enforcement responsibilities between state and local agencies.
How to Report Animal Cruelty in Hawaii
If you suspect an animal is being abused or neglected in Hawaii, you have several reporting options depending on the urgency of the situation and which island you are on.
Oahu
- Animal emergencies: Call the Hawaiian Humane Society’s Humane Investigators at 808-356-2250.
- Immediate threat to life: If you witness an incident in real-time that poses an immediate threat to public safety or an animal, call 911 for assistance.
- Non-emergency concerns: For non-emergency concerns, such as encountering a loose dog in your neighborhood that is not aggressive and poses no threat, or to file a report, contact the Hawaiian Humane Society’s Field Services Dispatch at (808) 356-2250 or complete a Citizen Complaint form online.
- Anonymous tips: Animal CrimeStoppers also accepts anonymous tips and sometimes pays rewards.
Kauai
- Contact the Kauai Humane Society for animal cruelty, neglect, and abuse investigations.
- Non-emergency criminal reports can be submitted through the Kauai Police Department’s online reporting portal.
What to Have Ready When You Call
When reporting via phone, have the following information available: your name and contact information (which is kept confidential), the date, time, and location of the incident or situation, the nature of the report including what you saw and heard, a description of the animal or animals involved, and whether there are any other witnesses or evidence you know of.
CrimeStoppers Honolulu and the Hawaiian Humane Society report that more people are choosing to report animal abuse cases using the P3 app, which allows the tipster to remain anonymous while uploading videos and pictures as evidence. This technology has made it easier for community members to document and report suspected cruelty without fear of retaliation.
Pro Tip: Document what you observe before calling — photos, videos, dates, and times all strengthen an investigation. Your contact information is kept confidential when you report to the Hawaiian Humane Society.
Penalties and Consequences for Animal Cruelty Convictions in Hawaii
A conviction for animal cruelty in Hawaii can result in jail time, fines, probation, mandatory counseling, and a prohibition on owning animals. The exact penalties depend on the classification of the offense under Hawaii’s general sentencing statutes in HRS Chapter 706.
Fines
Under HRS § 706-640, a person convicted of an offense may be sentenced to pay a fine. A fine not exceeding $50,000 applies when the conviction is of a class A felony. Class B and C felonies carry lower statutory maximums, and misdemeanor fines are set at lower levels still. The Hawaii County Code separately sets a fine of not more than $500 for each violation of its local animal cruelty ordinance.
Imprisonment
Class C felonies — which include first-degree animal cruelty and second-degree cruelty involving ten or more animals — carry potential imprisonment under Hawaii’s indeterminate sentencing scheme. Misdemeanor convictions can result in up to one year in jail. Petty misdemeanor convictions carry shorter maximum jail terms.
Animal Ownership Ban
Cruelty to animals in the first degree is a class C felony. In addition to any fines and imprisonment, any person convicted under this section shall be prohibited from possessing or owning any pet animal or equine animal for a minimum of five years from the date of conviction. This ban is mandatory, not discretionary.
Forfeiture of Animals
HRS § 711-1109.2 provides for forfeiture of an animal prior to the filing of or final disposition of criminal charges. This means an animal can be removed from an owner’s custody before a case is fully resolved, protecting the animal during the legal process. Courts may also order the defendant to reimburse a humane society or SPCA for the reasonable costs of caring for, feeding, and housing any animal that is surrendered or seized.
Restitution and Counseling
Beyond fines and imprisonment, courts can order restitution to animal owners and organizations for veterinary costs, retraining expenses, and replacement costs — particularly in cases involving service or law enforcement animals. Animal abuse has connections to the abuse of family members and may increase aggressive or violent tendencies in children who witness their pets being abused or killed. Concerns exist that animal abuse or killing perpetuates the cycle of violence because people who commit acts of serious animal abuse frequently have histories of, or future tendencies toward, violent crimes against humans. Courts in Hawaii may consider these factors when imposing sentence and may order psychological evaluation or treatment as a condition of probation.
Hawaii’s penalty structure is comparable in some respects to what other states impose. You can review how penalties are structured in neighboring jurisdictions by looking at animal cruelty laws in Colorado or animal cruelty laws in Arizona for comparison. States like Michigan, Ohio, and Virginia also impose multi-year ownership bans alongside felony convictions, reflecting a national trend toward treating serious animal cruelty as a public safety issue rather than a simple property offense.
If you want to explore how other states handle these issues, our guides on animal cruelty laws in New York, animal cruelty laws in Illinois, and animal cruelty laws in Georgia offer detailed state-by-state breakdowns using the same framework applied here.
Hawaii’s laws reflect a clear legislative intent: animal cruelty is not a minor infraction. From the mandatory ownership ban that follows a first-degree conviction to the deputized humane investigators who can make arrests, the state has built a framework that takes animal welfare seriously. If you witness abuse, report it — the system is designed to respond.