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.