No person shall either ill-treat, overdrive, override or unnecessarily or cruelly beat a horse. A person who violates this section shall be guilty of a disorderly persons offense, except that a person who unnecessarily or cruelly beats a horse shall be guilty of a crime of the fourth degree, and shall be subject to the provisions of R.S. 4:22-17, R.S. 4:22-21, and R.S. 4:22-26, as appropriate.
N.J.S. § 39:4-23