Cruelty to animals

2025-2026 Bill 5090: Cruelty to animals - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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H. 5090
STATUS INFORMATION
General Bill
Sponsors: Reps. Martin, Pope, T. Moore, Guffey, Sanders, Rankin, Gilliam, W. Newton, Neese, McDaniel, Lawson, McGinnis, Crawford, Guest and Hardee
Document Path: LC-0458CM26.docx
Introduced in the House on February 4, 2026
Currently residing in the House
Summary: Cruelty to animals
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

2/4/2026

House

Introduced and read first time (
House Journal-page 9
)

2/4/2026

House

Referred to Committee on
Judiciary
(
House Journal-page 9
)

2/10/2026

House

Member(s) request name added as sponsor: Lawson

3/26/2026

House

Member(s) request name added as sponsor:
McGinnis, Crawford, Guest, Hardee

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
02/04/2026

House: Martin

Attorney: McI
ntosh

Drafting Assistant: Thurmond

Date: January 29, 2026

DOC. ID.: /LEGISLATIVE
COUNCIL/CM/DRAFTS/LC-0458CM26/LC-0458CM26.DOCX

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT
"RILEY'S ACT" BY AMENDING SECTION
47-1-40
, RELATING TO THE ILL-TREATMENT OF
ANIMALS, SO AS TO INCREASE THE PENALTIES; BY AMENDING SECTION
47-1-50
, RELATING
TO THE ILL-TREATMENT OF ANIMALS, SO AS TO REVISE THE PENALTIES; BY AMENDING
SECTION
47-1-60
, RELATING TO THE UNLAWFUL CUTTING OF MUSCLES OF TAILS OF
HORSES, ASSES, MULES, MARES, OR GELDINGS, SO AS TO INCREASE THE PENALTIES; BY
AMENDING SECTION
47-1-110
, RELATING TO VIOLATIONS OF SECTIONS
47-1-90
AND
47-1-100
, SO AS TO INCREASE THE PENALTIES; BY AMENDING SECTION
47-1-125
,
RELATING TO THE UNLAWFUL COLORING, DYING, OR SALE OF CERTAIN ANIMALS, SO AS TO
INCREASE THE PENALTIES; BY AMENDING SECTION
47-1-200
, RELATING TO REQUIREMENTS
FOR THE TRANSFER OF ANIMALS AND IMPORTATION OR EXPORTATION OF DOGS OR CATS, SO
AS TO INCREASE THE PENALTIES; BY AMENDING SECTION
47-1-210
, RELATING TO
UNLAWFULLY OFFERING LIVE ANIMALS AS PRIZES, SO AS TO INCREASE THE PENALTIES; BY
ADDING SECTION
47-1-220
SO AS TO PROVIDE THE STATE LAW ENFORCEMENT DIVISION
SHALL POST ON ITS WEBSITE THE NAMES OF PERSONS CONVICTED OF CRUELTY TO ANIMALS
CRIMES; and by adding section
47-1-230
so as to provide persons convicted OF
MISDEMEANORS CONTAINED IN THIS CHAPTER MAY BE PROHIBITED FROM OWNING or
possessing ANIMALS, AND TO PROVIDE PERSONS CONVICTED OF FELONIES CONTAINED IN
THIS CHAPTER MUST BE PROHIBITED FROM OWNING or possessing ANIMALS.

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
This act may be cited as "Riley's Act."

S
ECTION 2.
S
ection
47-1-40
of the S.C. Code is amended to read:

S
ection
47-1-40
.
(
A) A person who knowingly
or intentionally overloads, overdrives, overworks, or ill-treats an animal,
deprives an animal of necessary sustenance or shelter, inflicts unnecessary
pain or suffering upon an animal, or by omission or commission knowingly or intentionally
causes these acts to be done, is guilty of a misdemeanor and, upon conviction,
must be punished by imprisonment
not exceeding ninety days
of not more than one year
or by a fine of not less than
one
five
hundred dollars nor
more than
one
two

thousand dollars, or both, for a first offense; or
is
guilty of a felony and, upon conviction must be
by
imprisonment
imprisoned
not
more than
exceeding two
five
years or by a fine not
more
than
exceeding two
five

thousand dollars, or both, for a second or subsequent offense.

(
B) A
person who tortures, torments, needlessly mutilates, cruelly kills, or inflicts
excessive or repeated unnecessary pain or suffering upon an animal or by
omission or commission causes these acts to be done, is guilty of a felony and,
upon conviction, must be punished by imprisonment of not less than
one hundred eighty days
one year

and not to exceed five years and by a fine of
five
ten
thousand dollars.

(
C)
This section does not apply to fowl, accepted animal husbandry practices of
farm operations and the training of animals, the practice of veterinary
medicine, agricultural practices, forestry and
silvacultural
silviculture
practices, wildlife management practices, or
activity authorized by Title 50, including an activity authorized by the South
Carolina Department of Natural Resources or an exercise designed for training
dogs for hunting, if repeated contact with a dog or dogs and another animal
does not occur during this training exercise.

S
ECTION 3.
S
ection
47-1-50
of the S.C. Code is amended to read:

S
ection
47-1-50
.
(
A) An owner, a possessor,
or a person having the charge or custody of an animal may not:

(
1)
cruelly drive or work it when unfit for labor;

(
2)
carry it, or cause it to be carried, in or upon a vehicle or otherwise in an
unnecessarily cruel or inhumane manner.

(
B) A
person who violates this section
is guilty of a
misdemeanor and, upon conviction,
must be punished for each offense in
the manner prescribed in Section
47-1-40
(A).

S
ECTION 4.
S
ection
47-1-60
of the S.C. Code is amended to read:

S
ection
47-1-60
.
A
ny person who (a) cuts the tissue or
muscle of the tail of any horse, ass, mule, mare or gelding, or otherwise
operates upon it in any manner for the purpose or with the effect of altering
the natural carriage of the tail, except when such cutting or operation is
necessary for the health or life of the animal, as certified to in writing by a
licensed veterinarian, (b) causes, procures or knowingly permits such cutting
or operation to be done or (c) assists in or is voluntarily present at such
cutting or operation shall be guilty of a misdemeanor.

A
ny person convicted
of violating any of the provisions of this section shall be fined not less than

fifty
five hundred dollars

nor more than one
hundred
thousand

dollars or imprisoned not less than
fifteen
thirty days
nor more than
thirty
days
one year
.

S
ECTION 5.
S
ection
47-1-110
of the S.C. Code is amended to read:

S
ection
47-1-110
. Any company or the owner or custodian of such animals who shall fail
to comply with the provisions of Sections
47-1-90
and
47-1-100
shall, for each
and every such offense, if found guilty, be fined not less than
fifty
five hundred
nor more
than
five hundred
one thousand

dollars, in any court of competent jurisdiction.

S
ECTION 6.
S
ection
47-1-125
of the S.C. Code is amended to read:

S
ection
47-1-125
.
(
1) It is unlawful for
any person to dye or color artificially any animal or fowl, including but not
limited to rabbits, baby chickens, and ducklings, or to bring any dyed or
colored animal or fowl into this State.

(
2)
It is unlawful for any person to sell, offer for sale or give away as
merchandising premiums, baby chickens, ducklings or other fowl under four weeks
of age or rabbits under two months of age to be used as pets, toys or retail
premiums.

(
3)
This section shall not be construed to apply to any animal or fowl, including
but not limited to rabbits, baby chickens and ducklings to be used or raised
for agricultural purposes by persons with proper facilities to care for them or
for poultry or livestock exhibitions.

(
4)
Any person violating the provisions of this section shall be deemed guilty of a
misdemeanor and upon conviction shall be fined not more than
two
five
hundred dollars or
imprisoned for not more than
thirty days
one year
.

S
ECTION 7.
S
ection
47-1-200
of the S.C. Code is amended to read:

S
ection
47-1-200
.
(
A) During
transportation, an animal must not be confined in one area for more than
twenty-four consecutive hours without being adequately exercised, rested, fed,
and watered. The time may be extended reasonably when an act of God causes a
delay. The animal must be provided adequate space and ventilation.

(
B) A
dog or cat under eight weeks of age must not be imported or exported without
being accompanied by its dam.

(
C) A
person who violates the provisions of this section is guilty of a misdemeanor
and, upon conviction, must be fined not less than
two
five
hundred nor more than
five
hundred
one thousand
dollars or imprisoned
for not more than
thirty days
one
year
, or both.

S
ECTION 8.
S
ection
47-1-210
of the S.C. Code is amended to read:

S
ection
47-1-210
.
(
A) It is unlawful to
give away a live animal including, but not limited to, a fish, bird, fowl, or
reptile, as a prize for, or as an inducement to enter, any contest, game, or
other competition, or as an inducement to enter a place of amusement, or for these
species to be used as an incentive to enter into any business agreement if the
offer made was for the purpose of attracting trade.

(
B)
Nothing in this section may be construed to prohibit an auction or raffle of a
live animal including, but not limited to, a fish, bird, fowl, or reptile.
Further, the giving away or the testing of game or fowl for breeding purposes
only is lawful and is not prohibited by this section as an incentive to enter
into a business agreement if the person giving away or testing game or fowl is
engaged in that trade.

(
C) A
person who violates this section is guilty of a misdemeanor and, upon
conviction, must be punished for each separate offense by a fine not to exceed
three
five
hundred dollars or
imprisonment not to exceed
thirty days
one year
, or both.

(
D)
This section does not apply when a live animal is given away as follows:

(
1)
by individuals or organizations operating in conjunction with a cooperative
extension education program or agricultural vocational program sanctioned by
the State Department of Education or local school districts;

(
2)
by individuals or organizations operating in conjunction with field trials
approved by the Department of Natural Resources; or

(
3)
by kennels that advertise in national publications in regard to dogs that are
registered with the United Kennel Club or the American Kennel Club.

S
ECTION 9.
C
hapter 1, Title 47 of the S.C. Code is amended by
adding:

S
ection
47-1-220
. The State Law Enforcement Division shall post on its website in a
searchable format the names of persons who have been convicted of a violation
of this chapter.

S
ECTION 10.
C
hapter 1, Title 47 of the S.C. Code is amended by
adding:

S
ection
47-1-230
.
(
A) A person who is
convicted or pleads guilty or nolo contendere to a misdemeanor offense
contained in this chapter may be prohibited by the court from owning,
possessing, keeping, harboring, or having custody or control of any animal.

(
B) A
person who is convicted or pleads guilty or nolo contendere to a felony offense
contained in this chapter must be prohibited by the court from owning,
possessing, keeping, harboring, or having custody or control of any animal.

S
ECTION 11. This act takes effect upon
approval by the Governor.

----XX----

This web page was last updated on February 4, 2026 at 10:51 AM