Also See:
Protecting Pets From Domestic Violence with Protection Orders
Protecting Pets From Domestic Violence with Protection Orders
FBI Adds Animal Cruelty To National Crime Report
September 18 2014 - 10:49 AM
http://www.staceypageonline.com/2014/09/18/fbi-adds-animal-cruelty-to-national-crime-report/
Federal Bureau of Investigation (FBI) Director James B. Comey officially announced a historic change in the identification and reporting of animal cruelty crime statistics. The FBI will now report animal cruelty crimes as a separate offense under the agency’s Uniform Crime Report (UCR) Program, the prime source of information on crime in the United States.
“The change instituted by the FBI formally recognizes the seriousness of animal abuse crimes and their negative impact on the welfare of society,” said Cathy Liss, president of the Animal Welfare Institute (AWI). “The data that will become available as a result of this change will help law enforcement better understand and respond to these types of crimes, which occur alongside many other forms of violence and criminal activity.” AWI staff first suggested this policy change to the FBI 12 years ago.
Previously, when and if information about animal cruelty crimes was captured in the UCR, the data were relegated to a catchall category entitled “All Other Offenses” and grouped in with a variety of other, mostly minor, crimes. With this significant revision, animal cruelty statistics will now be itemized separately and become available for review and analysis.
Animal cruelty crimes will be classified as distinct Group A offenses, joining other major crimes such as arson, assault, and homicide, and will require the reporting of both incidents and arrests. The reported crimes will be categorized as simple/gross neglect; intentional abuse and torture; organized abuse; and animal sexual abuse.
Critical assistance from the National Sheriffs’ Association (NSA), which submitted its own request; the Association of Prosecuting Attorneys (APA); and the Animal Legal Defense Fund (ALDF) helped achieve the positive recommendation for the reporting change from the FBI’s advisory committees.
NSA Deputy Executive Director John Thompson, who provided leadership on behalf of the proposal, said, “The National Sheriff’s Association is committed to providing law enforcement officers with information about the realities of animal abuse and its close link to other crimes. We are gratified by the FBI’s response and Director Comey’s commitment to improve public safety!”
The information on animal cruelty crimes that will become available through this reporting change will allow law enforcement agencies, policy makers, researchers, and others to better understand the factors associated with animal abuse, ascertain the characteristics of the perpetrators, and identify when and where such crimes occur, greatly benefiting the criminal justice community.
FBI said to begin tracking animal cruelty cases
USA Today Network
Susan Wyatt, The Pet Dish
KING-TV, Seattle 8:20 p.m. EDT September 17, 2014
The FBI will begin tracking animal cruelty cases just as they track other crimes, Wayne Pacelle of The Humane Society of the United States said in a blog post Tuesday.
Pacelle, CEO of the Humane Society of the United States, said John Thompson with the National Sheriffs' Association told him that Federal Bureau of Investigation Director James Comer has signed off on including animal cruelty offenses in the Uniform Crime Report.
The FBI did not immediately respond with a request for comment.
Local agencies will also track cruelty cases to report to the FBI, said Pacelle's blog.
"No longer will extremely violent cases be included in the "other offense" category simply because the victims were animals. Just as the FBI tracks hate crimes and other important categories, we will now have critical data on animal cruelty," said Pacelle. "
This is a great step in the right direction," said Annette Laico, CEO of Progressive Animal Welfare Society in Lynnwood, Washington.
Pacelle said HSUS has been pushing for the change in policy for years. He said without a reporting requirement, there is no way to track the number of reported incidents of animal cruelty cases each year, which impedes efforts to properly focus enforcement resources and violence prevention programs.
Numerous instances of humans hurting pets -- shared rapidly on social media -- have outraged many Americans.
Desmond Hague, CEO of privately owned Centerplate, a Connecticut-based catering specialist that serves specialty food at sports stadiums, resigned earlier his month after a video appeared to show Hague repeatedly kicking a dog.
FBI to begin tracking animal cruelty offenses in national crime reports
By Kelsey Stein
AL.com
September 17, 2014 - 5:25 PM
http://www.al.com/news/index.ssf/2014/09/fbi_to_begin_tracking_animal_c.html
For the first time, animal cruelty crimes will be tracked in Federal Bureau of Investigation reports about crime in the U.S.
James Comey, the agency's director, announced that changes that will be made to how those offenses will be handled by the Uniform Crime Report Program.
For many years, animal cruelty data was included in the reports as part of the "All Other Offenses" category instead of being itemized separately.
The reports will include incidents and arrests for simple/gross neglect, intentional abuse and torture, organized abuse and animal sexual abuse. Local agencies will track animal cruelty cases and report them to the FBI.
The decision has been praised by animal rights groups and activists across the country.
Wayne Pacelle, the president and CEO of The Humane Society of the United States, wrote in a blog post that, previously, there was no process for tracking animal cruelty data either nationally or on a state-by-state basis.
"No longer will extremely violent cases be included in the 'other offense' category simply because the victims were animals," Pacelle wrote. "Just as the FBI tracks hate crimes and other important categories, we will now have critical data on animal cruelty."
"The change instituted by the FBI formally recognizes the seriousness of animal abuse crimes and their negative impact on the welfare of society," said Cathy Liss, president of the Animal Welfare Institute, in a news release. "The data that will become available as a result of this change will help law enforcement better understand and respond to these types of crimes, which occur alongside many other forms of violence and criminal activity."
The state of Alabama is no stranger to animal cruelty offenses.
Last summer, more than 450 dogs were rescued in Alabama, Mississippi, Georgia and Texas in the second-largest federal raid of a dogfighting ring in U.S. history. A dozen people have pleaded guilty to charges stemming from the raid.
In November 2013, authorities rescued dozens of dogs and puppies found in deplorable conditions, often without clean water or shelter, at three sites in Tallapoosa County. Six people were charged and indicted in the dogfighting ring, and all have now been sentenced.
In June of this year, Jefferson County sheriff's deputies removed more than a dozen animals from a Birmingham pet grooming and boarding business. The owner, Scott Alan Kirkland, is charged with five counts of animal cruelty.
Earlier this year, AL.com animal issues reporter Joey Kennedy wrote that Alabama ranked 46th in animal protection. Just last year it became a felony to commit an egregious act of animal cruelty.
The state has implemented heavy penalties for dogfighting but has not taken the same measures with other issues, such as cockfighting and puppy mills.
FBI to start tracking animal cruelty cases
Susan Wyatt, The Pet Dish
September 17, 2014 - 3:26 p.m. PDT
King 5 News - Washington
The FBI will begin tracking animal cruelty cases just as they track other crimes, Wayne Pacelle of The Humane Society of the United States said in a blog post Tuesday.
Pacelle said John Thompson with the National Sheriffs' Associationgave him the good news that Federal Bureau of Investigation Director James Comer has signed off on including animal cruelty offenses in the Uniform Crime Report.
Local agencies will also track cruelty cases to report to the FBI.
"No longer will extremely violent cases be included in the "other offense" category simply because the victims were animals. Just as the FBI tracks hate crimes and other important categories, we will now have critical data on animal cruelty," said Pacelle.
"This is a great step in the right direction," said Annette Laico, CEO of PAWS in Lynnwood. "As advocates for companion animals and wildlife here in Washington state, any national measure to help protect animals to live long healthy lives is a measure we support."
Pacelle said HSUS has been pushing for the change in policy for years. He said without a reporting requirement, there is no way to track the number of reported incidents of animal cruelty cases each year, which impedes efforts to properly focus enforcement resources and violence prevention programs.
Animal cruelty—like other crimes—must be reported, classified, and analyzed in a comprehensive manner that results in swift and efficient enforcement of the law and the general improvement of society, he said.
Pacelle said now that animal cruelty, including animal neglect is included in the FBI's Uniform Crime Report, "there is a real incentive for law enforcement agencies to pay closer attention to such incidents. With accurate data, law enforcement agencies will also be better able to allocate officers and financial resources to handle these cases, track trends and deploy accordingly."
Big News: FBI to Start Tracking Animal Cruelty Cases
The Humane Society
September 17, 2014
September 17, 2014
Cruelty to animals will get its own category in federal crime reports for the first time. I got that word yesterday from John Thompson, my friend at the National Sheriffs’ Association, who told me that Federal Bureau of Investigation Director James Comey has signed off on including animal cruelty offenses in the Uniform Crime Report. Local agencies will also track them to report to the FBI.
No longer will extremely violent cases be included in the “other offense” category simply because the victims were animals. Just as the FBI tracks hate crimes and other important categories, we will now have critical data on animal cruelty. The HSUS has been pushing for this change in policy for years, along with our affiliates, the Humane Society Legislative Fund and Doris Day Animal League.
Before this expansion of the FBI’s focus, there was no process for capturing animal cruelty data on the statewide or national level. Capturing such data is especially difficult because animal cruelty laws are enforced by a very large number of local police, sheriffs, and humane society agents and animal control officers.
But now that animal cruelty, including animal neglect, is included in the FBI’s Uniform Crime Report, there is a real incentive for law enforcement agencies to pay closer attention to such incidents.
With accurate data, law enforcement agencies will also be better able to allocate officers and financial resources to handle these cases, track trends and deploy accordingly.
The decision by the FBI is especially good news for The HSUS, because we are on the frontlines of the battle against animal cruelty in so many ways. We are upgrading state and federal laws, and just this year South Dakota became the 50th state to enact felony penalties for malicious cruelty, and Congress banned attendance at animal fights. Besides the thousands of cases on which we work with law enforcement agencies every year to rescue animals from animal cruelty and fighting, we also travel across the country to train law enforcement officials on how to investigate these crimes.
So far this year, we have provided training to more than 1,200 officers, representing 300 agencies, and in areas of the country where it is needed most. It is a new training program designed by experts from across the United States (including our own) and we look forward to expanding it in 2015.
I am enormously grateful for the work of the National Sheriffs’ Association and the Department of Justice in recognizing the importance of animal cruelty. This new development, which has been on the radar of the animal protection movement for years, is a practical way of cracking down on cruelty. The decision is also significant in affirming, at the highest levels of our government, that animal cruelty is a vice just like so many other violent crimes.
It is the latest tangible gain in our effort to make opposition to animal cruelty a universal value in our society.
National Law Enforcement Center on Animal Abuse
The National Law Enforcement Center on Animal Abuse was established to provide law enforcement officers information on the realities of animal abuse, and to promote their proactive involvement in the enforcement of animal abuse laws in their communities. Through our partners, the Center will serve as an information clearinghouse and forum for law enforcement on the growing problem of animal abuse, its link to other types of crimes, including violence against humans and officer-dog encounters.
NLECAA, intends to bring greater awareness to, and understanding by, our nation's law enforcement officers on the oftentimes misunderstood nature of animal abuse crimes and their link to violence against humans.
NLECAA Advisory Board
Phil Arkow, Coordinator
National Link Coalition
Elizabeth Arps, Manager of Research and Public Policy Services
National Canine Research Council
Cynthia Bathurst, Executive Director
Safe Humane Chicago
Madeline Bernstein
spcaLA
Sheriff Mike Brown
Bedford County Sheriff's Office, VA
Sheriff Keith Cain
Daviess County Sheriff's Office, KY
Stacey Coleman, Executive Director
Animal Farm Foundation
Michael Duffy
Arizona Coalition for Equines
Humane Society of Southern Arizona and Animal Cruelty Taskforce of Southern Arizona
Lora Dunn, Staff Attorney
Animal Legal Defense Fund
Laura Embleton
Dumb Friends League and Colorado Humane Society
Ann Graves, Manager of Field Services
Seattle Animal Shelter
George W. Harding, IV MBA CAWA
Executive Director
National Animal Care & Control Association
naca@nacanet.org
Laurie Kydon
The Promise
David LaBahn
President/CEO
Association of Prosecuting Attorneys
Donna Mathews, Associate Director
Domestic Violence Intervention Services, Inc. (DVIS)
Ashley Mauceri, Manager of Animal Cruelty Response
The Humane Society of the United States (HSUS)
Chris Newlin, Executive Director
National Children’s Advocacy Center
Allie Phillips, Director
National District Attorney’s Association, National Center for Prosecution of Animal Abuse, and National Center for Prosecution of Child Abuse
Officer Sonia Pujol, President
Association of Police Officers for Animal Defense (APDA)
Dr. Mary Lou Randour, Senior Advisor for Animal Cruelty Programs and Training
Animal Welfare Institute
Justin Scally, National Director
American Humane Association
Joan Schaffner
The George Washington University Animal Law Program and Association of Prosecuting Attorneys
Andrew Silverstone DVM, Veterinarian
Animal Care Clinic of Virginia Beach
Claudia Swing, Chief, Bureau of Administration
San Bernardino County District Attorney’s Office, Animal Cruelty Task Force
Dr. Nuria Querol Vinas MD, President
Group for the Study of Violence Towards Humans and Animals (GEVHA)
Diana Webster, President and Founder
The Native America Humane Society
Sheriff Carolyn B. Welsh
Chester County Sheriff's Office, PA
Deputy and Court Officer - Animal Cruelty
NSA, Ice Black Box and the Humane Society Partnering for Animals!
Domestic Violence & Animal Abuse
American Humane Association:
Expanding Protective Orders to Include Companion Animals
State Criminal Animal Protection Laws
Association of Prosecuting Attorneys
Alabama Animal Cruelty Laws
Criminal animal protection laws in Alabama are found in four different chapters of the Code of Alabama: Title 2, Chapter 15; Title 3, Chapter 1; Title 13A, Chapter 11; and Title 13A Chapter 12. This document begins Title 13A (“the criminal code”) Chapter 11 (“offenses against public order and safety”) Article 1 (“offenses against public order and decency”). It summarizes each subsection that relates to animals, including the overarching law against intentional and reckless cruelty, neglect, and infliction of injury or death, as well as specific laws pertaining to police dogs and greyhounds used for racing.
Alaska Animal Cruelty Laws
Alaska’s criminal animal protection laws can be found in Title 11 (Criminal Law) and Title 3 (Agriculture, Animals, and Food). Title 11 contains the state’s main animal cruelty statute (§ 11.61.140), as well as the statute criminalizing animal-fighting exhibitions (§ 11.61.145). Title 3 contains general definitions (§ 03.55.190), minimum standards of animal care (§ 03.55.100), investigation of cruelty complaints (§ 03.55.110), seizure (§ 03.55.120), and destruction and adoption (§ 03.55.130). Alaska case law relates almost entirely to the main cruelty statute (§ 11.61.140).
Arizona Animal Cruelty Laws
This document begins with the cruelty to animals statute. This statute also provides penalties for interfering, killing or harming a working or service animal. Both misdemeanor and felony penalties are provided for within this section of Chapter 29. The following section contains Arizona’s bestiality statute which states that engaging in oral sexual contact, sexual contact, or sexual intercourse with an animal is unlawful. This includes causing another person to engage in those same activities with an animal and a violation of either will result in a class 6 felony conviction. However, if one causes a minor to engage in this conduct, it is a class 3 felony. The court may also order those convicted of bestiality to undergo a psychological evaluation and participate in appropriate counseling sessions.
Arkansas Criminal Animal Protection Laws
Criminal animal protection laws in Arkansas include consolidated cruelty and animal fighting laws. Under the Arkansas code, animal(s) abuse can result in the animal being forfeited for an indefinite period of time, or the court can order a mental evaluation and or psychological/psychiatric treatment of the abuser. Moreover, after conviction of animal cruelty, up to one year in jail may be ordered and up to a $1,000 fine may be issued for each animal abused. Case law has firmly established the award of restitution for the keeper or caregiver of a forfeited animal. The court may order the offender to pay restitution to house and/or treat the forfeited animal, and may hold the animal until restitution is paid. This document begins with the offenses of cruelty to animals; aggravated cruelty to dog, cat, or horse; animal fighting; animal dying; and bear exploitation. This document then addresses exemptions to the aforementioned offenses. Then, the document addresses Arkansas sentencing laws.
California Criminal Animal Protection Laws
Criminal animal protection laws in California can be found throughout various parts of the Penal, Food & Agriculture, and Health & Safety Codes; Title 14 of the Penal Code, "Malicious Mischief," contains most of these laws, but others are included in Penal Code Titles 9, 10 and 13. In addition, the Food & Agriculture Code has criminal animal protection laws as well as Sections providing affirmative defenses to livestock owners for killing and/or seizing dogs.
Colorado Animal Protection Laws
In Colorado, criminal animal protection laws are contained primarily within Title 18.9, the Cruelty to Animals section of Article 9 of the Colorado Criminal Code, Offenses Against Public Peace, Order, and Decency, which include the state's anti-cruelty and animal fighting provisions. However, there are also other laws related to animal cruelty defined elsewhere within the Code of Colorado, including Article 42 of Title 35, Agriculture, cited as the "Animal Protection Act" regarding rights of agricultural animals. This document lists each animal protection law currently in place and the procedural sections of each law with which officers must comply when enforcing a provision of that law. When available, relevant case law from Colorado follows each law. This summary begins with statutes under Title 18.9, including the basic cruelty to animal statute and moves on to the unlawful ownership of dangerous dogs, animal fighting, tampering or drugging of livestock, and then moves on to statutes under Title 35, including the protection of animals mistreated, neglected, or abandoned and the euthanasia of injured animals. The remaining portion of the summary details penalties, punishments, and enforcement statutes relating to animal cruelty.
Connecticut Criminal Animal Protection Laws
Connecticut’s prohibitions against cruelty to animals fall within a comprehensive statutory framework. Central prohibitions are listed within the document, and discussed in the following order: •Title 22 – Agriculture. Domestic Animals -Chapter 435 – Dogs and Other Companion Animals. Kennels and Pet Shops •Title 29 – Public Safety and State Police -Chapter 530A.– Connecticut Humane Society •Title 53. Crimes. -Chapter 945. (Offenses Against Humanity and Morality) Cruelty to Animals. Connecticut cases found on PetAbuse.com are also included in this document.
Delaware Animal Cruelty Laws
The criminal animal cruelty laws for the state of Delaware can be found primarily within Title 11: Crimes and Criminal Procedure, Chapter 5: Specific Offenses, under Subchapter VII: Offenses Against Public Health, Order and Decency. The general anti-cruelty provisions for the state, as well as general definitions regarding animals can be found within §1325 of this subchapter. This summary begins with the most prominent animal cruelty laws in Delaware, which address an animal owner's duties; abandonment; and cruelty to animals generally, including both active and passive cruelty. These laws also address the selling or trading of the fur or pelt of a domestic dog or cat, animal fighting and baiting, and maintaining a dangerous animal.
District of Columbia Criminal Animal Protection Laws
Criminal animal protection laws in the District of Columbia consist of the consolidated cruelty statutes in sect. 22-1001 - 1015 of the DC Code, containing the animal cruelty and animal fighting provisions.& sect. 22-1001 sets forth the definition and penalty for animal cruelty. Prior codifications were 1973 sect. 22-801 and 1980 sect. 22-801, designated as such below if applicable & sect. 22-1013 defines "animal" as including all living and sentient beings with the exception of humans.
Florida Animal Criminal Animal Protection Laws
Title 46 Ch. 828 contains most of Florida’s laws related to animals. There are provisions for both misdemeanor, 828.12(1), and felony, 828.12(2), animal cruelty violations. Euthanasia of a suffering animal may be a complete defense , although the manner in which euthanasia is to be performed is proscribed by law . Local laws may exist, as provided in § 828.27(2), these specific rules are outside the scope of this document, but § 828.27(2) is summarized in the last section. In general, laws are in order of likely relevance, with animal cruelty and abandonment summarized first.
Georgia Animal Cruelty Laws
Georgia's criminal animal protection laws are contained primarily in Title 4 (Animals) and Title 16 (Crimes and Offenses) of the Official Code of Georgia. The main anti-cruelty laws in Title 4 can be found in Chapters 8, 11, and 13. Chapters 8 and 13 deal specifically with dogs and equines, respectively. The provisions of Chapter 11, Article 1 ("Georgia Animal Protection Act") encompass a broad range of issues concerning the treatment, care, and licensing of animals. Many of these provisions (particularly those dealing with unlawful acts and with the inspection, seizure, and impound or animals), are discussed below, while others are beyond the scope of this summary.
Hawaii Criminal Animal Protection Laws
Criminal animal protection laws in Hawaii are relatively recent and minimal case law interpreting, enforcing, or applying these laws exist. Additionally, because of Hawaii's unique status as an island state, the State has enacted laws allowing the removal or destruction of non-native animals that damage the native Hawaiian habitat. In fact, one can be penalized or imprisoned if one is caught harboring or raising some of these animals. These statutes are older than the criminal animal protection laws, and there may be some possibility for conflict.
Idaho Animal Cruelty Laws
The criminal animal cruelty laws for the state of Idaho can be found primarily within Title 25 of West's Idaho Code Annotated, Animals, Chapter 35: Animal Care. This document begins with the cruelty to animals statutes in Idaho. The additional statutes in this section include poisoning animals, carrying an animal in a cruel manner and beating and harassing animals, which includes whipping, beating or other malicious treatment of any animal, or harassing any cattle, horses, sheep, or hogs with a dog. The next section contains the animal fighting provisions. The current cockfight statute has been amended and the new statute becomes effective on July 1, 2012. The dogfight statute makes it a felony to knowingly own, possess, train, keep, buy or sell dogs for the purpose of fighting, killing, maiming, or injuring other dogs. It is also a felony to advertise, promote, organize and participate in such exhibitions. Under Idaho law, it is permissible for any officer qualified by law to make arrests to enter the premises where there is an exhibition of fighting birds or animals or where preparations for such events take place and without warrant arrest them all.
Illinois Criminal Animal Protection Laws
Criminal animal protection laws in Illinois consist of those in the Humane Care for
Animals and Animal Control Acts as well as various criminal provisions that are not included in either of these Acts. This document lists each animal protection law and the procedural sections of each Act with which officers must comply when enforcing a provision of that Act. The laws are followed by case law from Illinois and/or other states with similar statutes where available.
Indiana Animal Cruelty Laws
Indiana consolidates most of its animal cruelty and neglect statutes within Title 35, Criminal Law and Procedure, Article 46, Miscellaneous Offenses, Chapter 3, Offenses Relating to Animals. There are provisions under other titles as well relating to animal abuse and neglect in different contexts, including domestic violence, commercial animal breeding and sales, humane slaughter of livestock, public health and animal fighting.
Definitions are common grounds for appeals, although rarely successfully. Indiana courts have held consistently that the abuse and neglect statutes are sufficiently clear in their prohibitions and that several means of proof are admissible to prove each statute. Where definitions, applicability or penalties apply only to a particular article or chapter of law, such is indicated in parentheses next to the title of the statute.
Animal fighting statutes prohibit not only the staging of such contests, but also attendance, possession of an animal or paraphernalia relating to such contests, and the purchase of an animal for such purposes.
Livestock statutes in this summary are limited to the means of slaughter.
Miscellaneous statutes prohibit bestiality, coloring birds or rabbits, removing the vocal cords of an attack dog, using animal cruelty as a means to domestic violence, or harboring a non-immunized dog.
Wild animals are deemed the property of the state. Statutes pertaining to the taking of wild animals have been excluded, although cruelty laws are applicable to all animals. A town may prohibit the possession of exotic or wild animals for the welfare of the animal or safety of the public.
Provisions pertaining to animals for sale include restrictions on animal age and care.
Penalties may include fines, imprisonment, impoundment of animals and permanent loss of custody or possession of the animals.
Iowa Animal Cruelty Laws
The criminal animal protection laws of Iowa consist of two main chapters, addressing the abuse and neglect of non-livestock and livestock animals, respectively. The state has various additional criminal provisions including laws for the prevention of animal fighting and for the care of animals in commercial establishments. This digest presents each of these animal protection laws along with the relevant procedural laws or defenses, where available. Following each law is case law from Iowa, or from other states with similar statutes where little or no Iowa cases are available.
Kansas Animal Cruelty Laws
The primary provisions pertaining to animal cruelty are consolidated within a single statute, § 21-6412. Most additional animal cruelty codes in Kansas are contained in § 21, Crimes Against Public Morals. Statutes related specifically to the humane slaughter of livestock animals are contained in their own chapter, under § 47. A bestiality provision relating specifically to sodomy is also contained within § 21.
Kentucky Animal Cruelty Laws
In Kentucky, the majority of the basic animal cruelty and animal fighting laws are contained within Title 525 of the Kentucky Revised Statutes. Other titles contain numerous provisions relating to the seizure of roaming dogs lacking identification tags, as well the role of dog wardens and/peace officers in the capture and destruction of such dogs. There are also some additional statutes pertaining to the general inability of veterinarians to obtain immunity in reporting suspected animal abuse, treatment of race horses, and use of reptiles in religious services. Additionally, relevant case law, including Kentucky Attorney General opinions, has been included where it affects the interpretation of listed statutes.
Louisiana Animal Cruelty Laws
Criminal animal protection laws in Louisiana are contained primarily within Title 14, specifically § 14:102.1. However, there are a number of laws related to animal cruelty and defined elsewhere within the Louisiana Revised Statutes Annotated. This document lists each animal protection law and the procedural sections with which officers must comply when enforcing a provision of that law. When available, relevant case law from Louisiana follows each law. This document begins with the general animal cruelty statutes and then addresses related statutes involving corporations for prevention of animal cruelty, animal research facilities, photographs of cruelty and assistance dogs. The general animal cruelty statutes cover a range of issues including dogfighting, dangerous dog provisions, euthanasia standards and various penalties, punishments, and enforcements.
Maine Criminal Animal Protection Laws
Maine's prohibitions against cruelty to animals fall within a comprehensive statutory framework. Central prohibitions are listed in this document, and discussed in the following order:
Title 7 - Agriculture and Animals
Chapter 717 - Animal Welfare Act, 7 M.R.S.A. §§ 3901 - 10-B.
Chapter 739 - Cruelty to Animals, 7 M.R.S.A. §§ 4011-19.
See also Chapter 731 - Mistreatment of Animals, 7 M.R.S.A. § 3971-72 (concerning vivisection and unlawful use).
Title 17 - Crimes
Chapter 42 - Animal Welfare (Subchapters 1-4), 17 M.R.S.A. §§ 1011-46.
Maryland Animal Cruelty Summary
Maryland’s criminal animal protection laws consist of the consolidated statutes in § 10-601 through § 10-623 of the Criminal Code. These sections consist of the general cruelty statutes as well as animal fighting statutes and specific statutes meant to protect specific types of animals. Under these statutes, an animal is “any creature except a human being.” General animal cruelty is set out in § 10-604, while aggravated animal cruelty is § 10-606. There is also another statute in a separate section of the Criminal Code barring bestiality and a statute in the Agriculture Code that provides criminal punishment for the improper slaughter of cattle. While Maryland has a number of statutes protecting animals, there is very little case law regarding prosecutions and many of the cases available were pursued under prior versions of the statute. Where prior versions of the code are relevant, they are noted below.
Massachusetts Criminal Animal Protection Laws
Criminal animal protection laws in Massachusetts can be found throughout various chapters and titles of Part I, "Administration of the Government," and Part IV, "Crimes, Punishments, and Proceedings in Criminal Cases." The criminal animal protection provisions in Part I consist of those in Titles XIX, "Agriculture and Conservation," and XX, "Public Safety and Good Order." Most of Massachusetts' animal protection laws, however, are located in Title I, "Crimes and Punishments," of Part IV. This digest lists each animal protection law and, where available, Massachusetts Case Law and Attorney General Opinions, as well as case law from other states with similar statutes.
Michigan Criminal Animal Protection Laws
Criminal animal protection laws in Michigan can be found throughout various parts of the Penal, Animal Industry, Natural Resources and Environmental Protection, and Health Codes. The Michigan Penal Code, “Animals,” § 750.49 – .70 contains most of these laws. In addition, the Natural Resources and Environmental Protections laws cover discharge of substances injurious to animals and the Health Codes govern veterinary reporting. The Animal Industry laws regulate pet shop owners, breeders and the use of animals in research. This digest lists each animal protection law and, where available, Michigan Case Law.
Minnesota Animal Cruelty Laws
In Minnesota, criminal animal protection laws are contained primarily within the Prevention of Cruelty to Animals Chapter of Police Regulations. There are also other laws related to animal cruelty and defined elsewhere within the Minnesota Statutes. This document lists each animal protection law and the procedural sections of each law with which officers must comply when enforcing a provision of that law. When available, relevant case law from Minnesota will follow. Please note that the case law cited are primarily unpublished opinions. This document begins with the general animal cruelty statutes and then addresses related statutes involving animal fighting and use of animals as prizes or in advertising. The miscellaneous section includes a bestiality provision and cruelty provisions related to public safety and police animals.
Mississippi Animal Protection Laws
Mississippi consolidates most of its animal cruelty and abuse statutes within Title 97, Crimes, under Chapter 41, Cruelty to Animals. Title 97 also includes a prohibition against bestiality under Chapter 29, Crimes Against Morals and Decency, and against failing to isolate animals known to carry certain infectious diseases under Chapter 27, Crimes Affecting Public Health. This document presents Chapter 41 in its entirety and the relevant sections of chapters 29 and 27, including a summary of any relevant case law.
Missouri Criminal Animal Protection Laws
Missouri's animal protection statutes consist of the Consolidated Cruelty statutes, animal baiting and fighting statutes, and other offenses. The bulk of the statutes are contained within Chapter 578, Miscellaneous Offenses . Sections 578.005 through 578.050 cover animal abuse, neglect, and animal fighting offenses. Sections 578.170 through 578.179 contain additional statutes covering baiting and fighting of animals. Other statutes cover harm to service animals and bear wrestling. This document lists the statutes followed by relevant case law from Missouri, where available. Cases from other states are also included where laws are similar. A brief overview of Missouri's sentencing guidelines can be found on the final page of this document.
Montana Animal Cruelty Laws
Montana's animal protection laws can be found in Title 45 (Crimes) and Title 81 (Livestock). Title 45 contains statutes that define the offenses of animal cruelty (45-8-211) and aggravated animal cruelty (45-8-217), and provides penalties for harming a police dog (45-8-209) and animal-fighting (45-8-210). Title 81 contains a statute that controls the killing of dogs that harass, destroy or injure livestock (81-7-401) as well as statutes prohibiting aerial hunting (81-7-501) and harassing livestock (81-7-506). Title 81 also contains a description of unlawful acts regarding animal facilities (81-30-103), actions for damages (81-30-104) and penalties (81-30-105).
Nebraska Animal Cruelty Laws
The majority of Nebraska’s animal laws are located within Chapter 28, entitled “Crimes and Punishments;” however, the laws relating to livestock are located within Chapter 54, entitled “Livestock.” Nebraska’s animal laws primarily focus on animal fighting, cruelty and neglect, and indecency with animals, but other laws also govern the sale of young puppies and kittens and the mistreatment of a service animal. This summary begins with the animal fighting provisions and proceeds to cruelty and neglect, laws dealing with mistreatment of service animals, indecency with animals, sale of puppies and kittens, and finally treatment of livestock.
Nevada Animal Cruelty Laws
The criminal animal cruelty laws for the state of Nevada can be found primarily within Title 50 of West's Nevada Revised Statutes Annotated, Animals, Chapter 574: Cruelty to Animals: Prevention and Penalties, Societies for Prevention of Cruelty to Animals. This document begins with Nevada's animal cruelty and neglect provisions. This section also provides felony charges for the mistreatment of a police animal, including interfering with the animal's duties and misdemeanor charges for allowing a dog or cat to remain unattended in a vehicle during periods of extreme heat or cold that may endanger their health or safety. The second section of this document includes Nevada's animal fighting statutes. The following section also allows for an officer of a society for the prevention of cruelty to animals, who is authorized to make arrests, to take possession of any animals being treated cruelly. The statute provides that the officer must provide shelter and care or may destroy the animal in a humane manner upon receiving permission from the owner. In cases where an animal is seized under these conditions, notice must be given or mailed to the owner immediately upon ascertaining their location. These provisions do not apply to any animals found on land being used for agricultural use.
New Hampshire Criminal Animal Protection Laws
New Hampshire criminal protection laws are found in chapter 644. This document includes animal cruelty, fighting and protection statutes as well as relevant case law if available. The document also includes examples of animal cruelty cases from the website PetAbuse.com
New Jersey Animal Cruelty Laws
In New Jersey, criminal animal protection laws are contained primarily within Title 4, the Cruelty to Animal laws. There are also other laws related to animal cruelty and defined elsewhere within the New Jersey Statutes Annotated. This document lists each animal protection law and the procedural sections of each law with which officers must comply when enforcing a provision of that law. When available, relevant case law from New Jersey follows each law.
New Mexico Animal Cruelty Laws
Criminal animal protection laws in New Mexico are contained within Article 18 of Chapter 30. This document lists each animal protection law and the procedural sections with which officers must comply when enforcing a provision of that law. When applicable, relevant case law from New Mexico follows each law. This document begins with the general animal cruelty statutes and then addresses related statutes such as those involving unlawful use or confinement of animals, animal fighting, and laws pertaining to livestock.
New York Animal Cruelty Laws
New York's criminal animal protection laws are primarily contained in Article 26 of New York's Agriculture and Markets Law (§ 331 - 379), which also contains other more specific provisions related to treatment of animals as well as regulations for animal involved businesses and products derived from animals. There are also other laws related to animal cruelty elsewhere in New York law and they are included in this document as well. This document lists the animal protection laws in place in New York, current as of 2012. When available, relevant New York case law follows the statute listed. This summary begins with the general definitions and more general criminal animal cruelty statutes, follows with the more specific criminal animal cruelty provisions, and ends with the laws related to enforcement. Civil penalties or violations have not been included.
North Carolina Animal Cruelty Laws
In North Carolina, criminal animal protection laws are contained primarily in §§14-360 through14-363. However, there are also other laws related to animal cruelty in the North Carolina General Statutes. This document lists each animal protection law currently in place and the procedural sections of each case law that North Carolina follows from each law. This summary begins with the basic cruelty to animal statute and moves on to immunity for veterinarians reporting animal cruelty, instigating cruelty, abandonment, cockfighting, dog fighting, baiting, cruel restraint, cruel conveyance, living baby chicks, rabbits under eight weeks of age, novelties forbidden, confiscation of cruelly treated animals, prohibitions on computer-assisted remote hunting, treatment of endangered species, and other unlawful acts toward animals.
North Dakota Animal Cruelty Laws
Nearly all of North Dakota’s animal laws are located in Title 36 of the North Dakota Statutes, entitled “Livestock”, but there is also a provision in Title 12 for killing or injuring a law enforcement animal. North Dakota’s animal laws deal primarily with cruelty, neglect, abandonment, and abuse, with other laws that govern advertising and sale of animals and animal fighting. This summary begins with general cruelty and neglect provisions and moves through animal fighting, advertising and sale of animals, killing of law enforcement animals, ownership of skunks or raccoons, immunity to the statutes, and penalties for violation of the statutes. Applicable case law follows each statute where available.
Ohio Animal Cruelty Laws
Ohio has general and specific criminal animal cruelty statutes. The general statutes are Ohio Rev. Code Ann. § 959.13, Cruelty to Animals, and § 959.131, Cruelty against Companion Animals. There are statutes that address more narrowly defined crimes, such as poisoning animals, although these are rarely used. Nearly all of Ohio’s animal cruelty statutes can be located in Title IX. Agriculture—Animals—Fences. The statutes and relevant case law cited throughout this document pertain specifically to domestic animals, wild animals, and livestock animals in accordance with the language of a given statute.
Oklahoma Animal Cruelty Laws
The criminal animal cruelty laws for the state of Oklahoma can be found primarily within Title 21 of the Oklahoma Statutes Annotated, Crimes and Punishments, Part VII: Crimes Against Property, Chapter 67: Injuries to Animals. This act is known as the Animal Facilities Protection Act. OK ST T. 21 §1680. The main focus of this act is the prohibition of animal cruelty and animal fighting. Animal cruelty in Oklahoma is defined as the willful or malicious torturing, destruction or killing of an animal. This also includes cruelly beating, injuring, maiming or mutilating an animal, regardless of whether it is wild or tame or whether it belongs to the person perpetrating the violence or someone else. In addition, the deprivation of necessary food, drink, shelter or veterinary care to prevent suffering to an animal is also considered animal cruelty. Animal cruelty carries a felony charge and can be punished by imprisonment in the state penitentiary for a term not exceeding five years, , imprisonment in the county jail for a term not exceeding one year or by a fine not exceeding five thousand dollars.
Oregon Animal Cruelty Laws
Criminal animal protection laws in Oregon are contained primarily in Title 16, “Crimes and Punishments”, under Chapter 167, “Offenses Against Public Health, Decency and Animals”. Most of the relevant provisions, including the crimes and procedural matters, are found in the Oregon Revised Statutes “Offenses Against Animals,” Sections 167.310-.390. The penalties for the offenses are described in Chapter 161, “General Provisions”, of Title 16. There are exemptions written both within some statutes and in a separate statute. A separate provision, Chapter 686, defines the obligations and penalties of veterinarians.
Pennsylvania Criminal Animal Protection Laws
Criminal animal protection laws in Pennsylvania consist mainly of those in the Cruelty to Animals statute. This document lists each provision in the Cruelty to Animals statute and the procedural sections with which officers must comply when enforcing a provision of that Act. This document also addresses animal protection laws that are not included in the Cruelty to Animals statute. Each of the laws is followed by case law from Pennsylvania, and/or other states with similar statutes, where available.
Rhode Island Criminal Animal Protection Laws
Rhode Island laws pertaining to animal care and licensing can be found in Title 4 Animals and Animal Husbandry. This document sets out laws pertaining to animal cruelty, humane care of animals, and treatment of animals at state rodeos followed by interpretive case law. Case law from other jurisdictions with similar animal cruelty laws is referenced where Rhode Island case law is lacking. Other laws pertaining to the humane treatment of animals can be found in Animals and Animal Husbandry chapters 19 and 20. Chapter 19 deals with the protection of owners of pets from the sale and use of stolen pets. The chapter also provides guidelines for pet shop owners, transporters, and animal shelters for providing humane care and treatment of animals while in their possession. Chapter 20 sets out guidelines and criteria for rodeo and rodeo-related events to ensure the humane treatment of rodeo animals and livestock in the state.
South Carolina Animal Cruelty Laws
In South Carolina, the majority of the basic animal cruelty laws are contained within Title 47 of the South Carolina Code of Laws. Title 16, which encompasses crimes and offenses, includes the Animal Fighting and Baiting Act. The State has comprehensive wildlife protection laws, which are enumerated in Title 50.
South Dakota Animal Cruelty Laws
In South Dakota, criminal animal protection laws are contained primarily within the Cruelty, Abuse and Injury to Animals Chapter of Title 40, Animals and Livestock. There is also a bestiality provision under the Sex Offenses Chapter of Title 22, Crimes. This document lists each animal protection law and the procedural sections of each law with which officers must comply when enforcing a provision of that law. When available, relevant case law from South Dakota will follow. This document begins with the general animal cruelty statutes and then addresses related statutes involving animal fighting, dangerous animals and diseased or fatally injured animals. The general animal cruelty statutes are broken up into intentional acts and neglect. Besides the bestiality provision, statutes related to treatment of livestock and service animals can be found under the miscellaneous section of this document. Exemptions include regulated scientific experiments using live animals and the destruction of dangerous animals.
Tennessee Animal Cruelty Laws
This summary begins with § 39-14-202, which addresses cruelty to animals. It divides cruelty to animals in categories that include torture, neglect (failure to provide adequate food, water, care, or shelter), abandonment, improper transportation, harm related to competition, and harmful restraint. About half of the cases address torture, resulting from, e.g., beating a dog, shooting a dog, untreated illness, and unsanitary conditions. The other half of the cases address neglect, resulting from, e.g., putting too many horses on a small pasture, keeping dogs in an unsanitary kennel with inadequate food and water, and untreated illnesses. § 39-14-201 defines terms used in § 39-14-202, such as torture. Neglect of a dog’s injuries is an example of torture.
§ 39-14-203 prohibits involvement in any aspect of animal fighting, including being a spectator, keeping or training an animal for fighting, or permitting an animal fight to take place on one’s premises. In most cases, the guilty parties are caught in the dog fighting episodes.
According to § 39-14-205, intentional killing of animals is prohibited, unless the animal poses imminent serious harm. Convictions usually result from shooting a dog.
The remaining provisions address specific animals or issues, including dyed baby fowl or rabbits (§ 39-14-204), impounded animals (§ 39-14-207), guide dogs (§ 39-14-208), horse shows (§ 39-14-209), livestock (§ 39-14-211), removal of electronic or radio dog collar or microchip implant (§ 39-14-213), sexual activity with animals (§ 39-14-214), emergency care (§ 39-14-215), aggravated cruelty to livestock (§ 39-14-217), and the Farm Animal and Research Facilities Protection Act (§§ 39-14-802-06).
Texas Criminal Animal Protection Laws
Criminal animal protection laws in Texas consist primarily of four provisions of the Texas Penal Code which cover cruelty to livestock and nonlivestock animals, attacks on assistance animals and dog fighting. This document sets out each of these laws and highlights relevant case law developments for each.
Utah Animal Cruelty Laws
The criminal animal cruelty laws for the state of Utah can be found primarily within Title 76 of West’s Utah Code Annotated, Utah Criminal Code, Chapter 9: Offenses Against Public Order and Decency, Part 3: Cruelty to Animals. This document begins with the general provisions and definitions for animal cruelty within the state of Utah.
Vermont Animal Cruelty Laws
Vermont statutes provide protection for animals against killing, beating, and inhumane confinement. They include basic requirements for shelter, exercise, care, and sanitation. Importantly, though, these cruelty laws are not applicable to agricultural animals. However, there are extensive laws governing the transport of animals and these do apply to agricultural animals. The transport laws include a provision making it illegal to leave an animal in a parked car in unsafe conditions. Furthermore, the law bans animal fighting and extends liability to anyone viewing such fights, and also bans the shooting of birds for amusement. The law also prohibits leaving poison on one's land for the purpose of killing animals, with an exception for pests. The killing of suspected rabid dogs and wolf-hybrids is legal. Additionally, there is a special provision forbidding the sale of dyed chicks. Lastly, there is no specific provision against bestiality, but the statutes prohibiting child sexual abuse define sexual conduct to include bestiality.
Virginia Animal Cruelty Laws
In Virginia, criminal animal protection laws are contained primarily within Title 3.2, the Comprehensive Animal Care laws, which include the state's anti-cruelty and animal fighting provisions. However, there are also other laws related to animal cruelty defined elsewhere within the Code of Virginia. This document lists each animal protection law currently in place and the procedural sections of each law with which officers must comply when enforcing a provision of that law. When available, relevant case law from Virginia follows each law. This summary begins with the basic cruelty to animal statute and moves on to the neglect of companion animals, followed by relative statutes involving abandonment, animal fighting, and sexual assault. The remaining portion of the summary details penalties, punishments, and enforcement.
Washington Animal Cruelty Laws
The criminal animal cruelty laws for the state of Washington can be found primarily within Title 16 of West’s Revised Code of Washington, Animals and Livestock, Chapter 16.52: Prevention of Cruelty to Animals.
West Virginia Animal Cruelty Laws
Several parts of the West Virginia Code deal with animal cruelty. These laws can be divided into five categories: those dealing with humane officers, general animal cruelty, dog and cats, hunting, and the humane slaughter of livestock.
Wisconsin Animal Cruelty Laws
A significant number of Wisconsin's animal cruelty statutes are contained within Chapter 951 of Wisconsin's Statutes and Court Rules, Crimes Against Animals. The statute begins with definitions and an overview of appropriate construction and application of animal cruelty laws, followed by a broad statute, §951.02, on the general mistreatment of animals. Contained within Chapter 951 is a wide array of animal cruelty and neglect laws, concerning everything from transportation of animals to animal fighting to professional animals as well as domestic animals and the sale of animals. Additional provisions relating to animal cruelty in Wisconsin can be found within Chapter 173, Animals; Humane Officers. There are additional laws on animal fighting and the sale of animals, as well as a number of statutes pertaining to animals in custody. Finally, the law regarding humane slaughter of livestock animals is located in Chapter 95, Animal Health and the law regarding bestiality is located in Chapter 944, Crimes against Sexual Morality. Penalties for animal crimes are located in Chapters 95 and 951.
Wyoming Animal Cruelty Laws
Wyoming has a consolidated animal cruelty provision within Chapter 3 of Title 6. This provision includes a new offense of “household pet animal cruelty.” Wyoming has separate provisions concerning cruelty to livestock in Chapter 29 of Title 11, as well as additional animal cruelty-related provisions in Title 11. This document lists each animal protection law and the procedural sections with which officers must comply when enforcing a provision of that law. When available, relevant case law from Wyoming follows each law.
No comments:
Post a Comment