578.012.  Animal abuse — penalties. — 1.  A person commits the offense of animal abuse if he or she:

  (1)  Intentionally or purposely kills an animal in any manner not allowed by or expressly exempted from the provisions of sections 578.005 to 578.023 and 273.030;

  (2)  Purposely or intentionally causes injury or suffering to an animal; or

  (3)  Having ownership or custody of an animal knowingly fails to provide adequate care which results in substantial harm to the animal.

  2.  Animal abuse is a class A misdemeanor, unless the defendant has previously been found guilty of animal abuse or the suffering involved in subdivision (2) of subsection 1 of this section is the result of torture or mutilation consciously inflicted while the animal was alive, in which case it is a class E felony.