40. Threats to kill or injure animals.

40.     Threats to kill or injure animals.

Any person who without lawful excuse1 makes to another a threat, intending that the other would fear it would be carried out, to destroy or damage any animal2 belonging to that other person (or a third person) commits an offence3 punishable on indictment by imprisonment for a term not exceeding ten years4 or, if tried summarily with the defendant's consent, by imprisonment for a term not exceeding six months or a fine not exceeding the prescribed sum or both5.