Whoever overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives
of necessary sustenance, cruelly beats, mutilates or
kills an
animal, or causes or procures an
animal to be overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived
of necessary sustenance, cruelly beaten, mutilated or
killed; and whoever uses in a cruel or inhuman manner in a race, game, or contest, or in training therefor, as lure or bait a live
animal, except an
animal if used as lure or bait in fishing; and whoever, having the charge or custody
of an
animal, either as owner or otherwise, inflicts
unnecessary cruelty upon it, or unnecessarily fails to provide it with proper food, drink, shelter, sanitary environment, or protection from the weather, and whoever, as owner, possessor, or person having the charge or custody
of an
animal, cruelly drives or works it when unfit for labor, or willfully abandons it, or carries it or causes it to be carried in or upon a vehicle, or otherwise, in an unnecessarily cruel or inhuman manner or in a way and manner which might endanger the
animal carried thereon, or knowingly and willfully authorizes or permits it to be subjected to
unnecessary torture, suffering or cruelty
of any kind shall be punished by imprisonment in the state prison for not more than 7 years in state prison or imprisonment in the house
of correction for not more than 21/2 years or by a fine
of not more than $ 5,000 or by both fine and imprisonment; provided, however, that a second or subsequent offense shall be punished by imprisonment in the state prison for not more than 10 years or by a fine
of not more than $ 10,000 or by both such fine and imprisonment.