39. Killing or injuring animals.

Domestic animals are 'property' within the definition in the Criminal Damage Act 1971, as are wild animals which have been tamed or are ordinarily kept in captivity1, and other wild animals or their carcases if, but only if, they have been reduced into possession which has not been lost or abandoned or are in the course of being reduced into possession2.

A person who without lawful excuse3 destroys or damages any animal as above belonging to another, either intending to destroy or damage the property of another, or being reckless as to whether the property of another will be destroyed