Aggravated Animal Cruelty
An intentional act, or qualifying failure to act by a person with custody or control, resulting in cruel death or excessive or repeated unnecessary pain or suffering.
Florida Statute
§ 828.12
Cruelty to animals
Verified against the 2026 Florida Statutes: September 14, 2026
Quick Summary
Aggravated animal cruelty is a third-degree felony. Document the act or omission, custody/control facts, and the resulting cruel death or excessive or repeated unnecessary pain or suffering.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Aggravated Animal Cruelty
F.S. § 828.12(2)
Intentional conduct or a qualifying omission by an owner or custodian resulting in cruel death or excessive or repeated unnecessary pain or suffering.
Aggravated Animal Cruelty in Presence of Minor
F.S. § 828.12(4)
An adult who causes or entices a minor to commit, or commits in the presence of a minor, aggravated animal cruelty.
Knowing and Intentional Torture or Torment
F.S. § 828.12(2)(a)
When the factfinder determines aggravated animal cruelty included knowing and intentional torture or torment that injured, mutilated, or killed the animal, the statute requires a $2,500 minimum fine and counseling or anger-management treatment.
Second or Subsequent Violation
F.S. § 828.12(2)(b)
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
The State must prove all of the following
The defendant intentionally committed an act to an animal, or owned or had custody or control of an animal and failed to act.
Plain language: The defendant intentionally acted, or had responsibility for the animal and failed to act.
- Element 2AND — Required
The State must prove all of the following
The act or omission resulted in cruel death or excessive or repeated infliction of unnecessary pain or suffering.
Plain language: The conduct caused cruel death or qualifying excessive or repeated unnecessary pain or suffering.
Jury Instructions
Jury Instructions
Instruction 32.1
Aggravated Animal Cruelty
Covers F.S. § 828.12(2), including applicable torture-or-torment enhancement findings. Prior to April 2026, this instruction was numbered 29.13.
View Official InstructionVerified against the official instruction source: September 14, 2026
Additional Notes
Additional Notes
Important
Aggravated animal cruelty is a third-degree felony. The statute authorizes separate charges for multiple acts or more than one animal, and has specific sentencing provisions for torture or repeat violations.
Hot-Vehicle Rescue and Civil Immunity
The Animal Cruelty page in Crimes Against Animals contains the vehicle-rescue guide, all five § 768.139 vehicle-damage civil-immunity conditions, and § 828.073 custody follow-up. For a felony charge, establish the § 828.12(2) act or qualifying omission and required cruel death or excessive/repeated unnecessary suffering; rescue alone does not establish aggravated cruelty. Verified October 13, 2026: https://www.flsenate.gov/Laws/Statutes/2026/828.12