2.__Office nonexistent.__It is not a defense to prosecution under this section that the office the person pretended to hold did not in fact exist.

3.__Violation.__A violation of this section is a Class D crime.

Sec. 13. 17 MRSA §1031, sub-§3-B, ¶D is enacted to read:

D.__If the State pleads and proves that an animal died as a result of abandonment, the defendant is guilty of a Class C crime.

Sec. 14. 17 MRSA §§1038 and 1039 are enacted to read:

§1038.__Abandoned animals

1.__Animal cruelty.__A person who has possession or control of an animal and who abandons that animal on a street, road or highway, in a parking lot or in a public place or on private property, in an abandoned motor vehicle or in a dwelling or any other building or structure without providing for the care and necessities of life of that animal is guilty of the offense of cruelty to animals as provided in section 1031.

2.__Abandoned animal.__An animal is considered abandoned if the animal is placed in the custody of a licensed veterinarian for treatment, boarding or other care or in a licensed kennel, licensed boarding facility, licensed animal shelter, animal grooming facility or licensed animal day-care center and is unclaimed by the animal's owner or the owner's agent for a period of more than 10 days after written notice is sent by the facility by registered or certified mail, return receipt requested, to the owner or the owner's agent at the owner's last known address.__ Proof of attempted delivery constitutes sufficient notice.

3.__Disposal.__The disposal of an abandoned animal under this section does not relieve the owner, keeper or agent of the animal of any financial obligation, including, but not limited to, costs incurred for treatment, boarding or care.

4.__Violation.__A violation of this section is a Class D crime.__In addition to the penalties provided in Title 17-A,