Crimes Involving Animals Flashcards
(26 cards)
What constitutes Animal Cruelty under section (A)?
Cruelty, harm, neglect, or specific abuses, or causing or permitting such acts, to any vertebrate, including fish.
When does animal cruelty become a felony under section (B)?
When there is a repeat offense of animal cruelty within 5 years, and either the current or a prior act caused an animal’s death or necessary euthanasia.
What specific actions involving companion dogs/cats constitute a felony under Animal Cruelty section (F)?
Cruelly causing willful inhumane injury, death, or euthanasia to a companion dog or cat.
What types of animals are covered under Animal Cruelty section (F) (felony)?
Dogs and cats ONLY.
Is inaction sufficient for a charge under Animal Cruelty section (F)?
Yes, inaction with knowledge is enough.
When can an owner use force to defend their pet?
Owners can use necessary force to defend their pet from an attacking dog on their property.
What is the charge level for Animal Cruelty section (F)?
Felony
Who can initiate proceedings for a Dangerous Dog?
Only Law Enforcement Officers (LEO) or animal control.
Where can proceedings for a Dangerous Dog take place?
Where the incident happened or where the dog was taken to.
What is issued to the owner in a Dangerous Dog case?
A summons for the owner to appear for a civil process.
What actions by a dog can lead to it being classified as a Dangerous Dog?
The dog has killed or inflicted serious injury to another dog or cat, or caused a serious bite on a person (laceration, substantial puncture of skin by teeth, broke bones, etc.).
When does the Dangerous Dog classification NOT apply?
If the incident involves the owner’s own dog, if someone comes onto the property (trespasses), or if the dog is a police dog performing its duties.
How is a Vicious Dog defined?
A dog that has been declared a Dangerous Dog twice, or a dog that has killed or caused serious injury to a person.
Are there other differences in the process for a Vicious Dog compared to a Dangerous Dog?
Otherwise, the process is the same as for a Dangerous Dog (initiated by LEO/animal control, summons for civil process).
What is “Deprivation by Dog”?
When a dog kills livestock or poultry
What types of animals are included under “livestock or poultry” for Deprivation by Dog?
It includes fish and pretty much anything raised for human consumption that isn’t a companion animal.
Who can bring a complaint for Deprivation by Dog?
The victim can bring the complaint, not just LEO/animal control (unlike Dangerous/Vicious Dog cases).
Which animal-related offenses can ONLY be initiated by LEO/Animal Control according to these notes?
Dangerous Dog and Vicious Dog proceedings
Which animal-related offense specifically mentions that the victim can bring the complaint?
Deprivation by Dog.
What animals are covered under general Animal Cruelty (A)?
Any vertebrate, including fish.
What is the key difference in the scope of animals protected under Animal Cruelty (A) versus Animal Cruelty (F)?
Animal Cruelty (A) applies to any vertebrate, including fish, while Animal Cruelty (F) applies only to dogs and cats.
What level of culpability is sufficient for Animal Cruelty (A) regarding prohibited acts?
Directly causing or permitting acts of cruelty, harm, neglect, or specific abuses.
What are the two distinct scenarios described that elevate animal cruelty to a felony?
- Repeat animal cruelty (within 5 years) where the current or a prior act caused an animal’s death or necessary euthanasia (Section B).
- Cruelly causing willful inhumane injury, death, or euthanasia to a companion dog or cat (Section F).
What is the nature of the legal proceedings for a Dangerous Dog case?
It is a civil process, for which the owner receives a summons to appear.