Connecticut

Summary: In this Connecticut case, defendant, Delano Josephs appeals his judgment of conviction of a single violation of § 53–247(a). The incident stems from Defendant's shooting of his neighbor's cat with a BB gun. A witness heard the discharge of the BB gun, then saw a man he recognized as defendant walking with a BB gun in his hands in a "stalking" manner. Over a week later, defendant's neighbor noticed blood on her cat's shoulder and brought her cat to the veterinarian who found three or four metal objects that resembled BBs near the cat's spine. After receiving this diagnosis, the cat's owner reported to police that her neighbor was "shooting her cats." Animal control officers then interviewed defendant who admitted he has a BB gun and shoots at cats to scare them away, but "he had no means of hurting any cats." At the trial level, defendant raised the argument that § 53–247(a) requires specific intent to harm an animal. The trial court disagreed, finding the statute requires only a general intent to engage in the conduct. On appeal, defendant argues that since he was convicted under the "unjustifiably injures" portion of § 53–247(a), the trial court applied the wrong mens rea for the crime. In reviewing the statute, this court observed that the use of the term "unjustifiably" by the legislature is meant to distinguish that section from the section that says "intentionally." Thus, the legislature use of two different terms within the same subsection convinced the court that clause under which defendant was convicted is only a general intent crime. On defendant's void for vagueness challenge, the court found that this unpreserved error did not deprive him of a fair trial. A person of ordinary intelligence would understand that shooting a cat for trespassing is not a justifiable act. While the court agreed with defendant that "unjustifiably injures" is susceptible to other interpretations, in the instant case, defendant conduct in killing a companion animal is not permitted under this or other related laws. The judgment was affirmed.

Summary: In this case, a landlord brought a summary process action against a tenant who lived in the federally subsidized apartment, based on tenant's keeping of “emotional support dog” in violation of a pet restriction clause in the tenant's lease. The trial court entered judgment in favor of tenant, based on equity, and the landlord appealed. The appeal was transferred to the Supreme Court of Connecticut. The Court held that: 1) appeal was not rendered moot by landlord's commencement of second summary process action against tenant, which was dismissed; 2) trial court could not rely on “spirit” of Department of Housing and Urban Development in exercising equitable discretion to enter judgment in favor of tenant; 3) trial court abused its discretion in applying doctrine of equitable nonforfeiture; and 4) summary process action was “civil action” to which medical treatment report exception to hearsay rule could be applied to allow for admission of letter from physician and social worker of tenant's niece concerning dog's benefit to niece. Reversed and remanded.

Summary: Any person who knowingly operates a motor vehicle and causes injury or death to a dog shall stop and render assistance and shall immediately report such injury or death to the dog's owner or the owner's representative. If unable to ascertain and locate such owner or representative, the injury or death shall be reported to a police officer. Violation of any provision of this section shall be an infraction.

Summary: This Connecticut law states that no person shall operate, provide, sell, use or offer to operate, provide, sell or use any computer software or service that allows a person, when not physically present, to remotely control a firearm or weapon to hunt a live animal or bird. Violation is a class A misdemeanor.

Summary: This Connecticut law (effective 2016) states that an institute of higher education must offer for adoption by an animal adoption or animal rescue organization any cat or dog that that was subject to research or testing after the completion of any such research or testing and the dog or cat is no longer needed.

Summary: These Connecticut statutes require state employees who work with children and families to also report suspected animal harm, neglect, or cruelty. The statutes explain how the reporting should be completed and describes the implementation of training programs for employees to recognize animal abuse. The statutes also discuss the development of an annual report on actual or suspected instances of animal neglect or cruelty within the state.

Summary: The Plaintiff, Kim Miller, argued “a severe deprivation” of her rights when the Superior Court dismissed her appeal to prevent her dogs from being euthanized. Miller owned two Rottweiler dogs that attacked the victim Cynthia Reed, causing injuries to Reed's head, the back of her neck, and her back. An animal control officer issued two disposal orders to euthanize Miller’s dogs. The Defendant, Connecticut Department of Agriculture, then affirmed the orders and Miller appealed. The Superior Court also dismissed the appeal, and Miller appealed further to the Appellate Court of Connecticut. Here, Miller argues, among other things, that her Sixth Amendment rights to confront witnesses were violated when witnesses were not available for cross-examination. Plaintiff Miller also claims that there were procedural violations in the initial hearing because of lack of written rules that applied to dog disposal orders and claimed error when the hearing officer acted acted arbitrarily and capriciously by “interject[ing] his opinion” while questioning a witness. The Appellate Court held that: (1) the Uniform Administrative Procedures Act (UAPA) did not preclude the admission of statements from the victim and an eyewitness, even though the victim and witness did not testify at the hearing. The court reasoned that in administrative proceedings under the UAPA, evidence is not inadmissible solely because it constitutes hearsay, as long as the evidence is reliable and probative. Additionally, a party to an administrative proceeding under the UAPA is not required to call any particular witness. (2) A dog owner's appeal of disposal orders for a biting animal is not a criminal prosecution that invokes Sixth Amendment protections. The court reasoned that the issuance of a disposal order does not, by itself, trigger the imposition of a fine or prison term on the owner. Rather, by obviating the threat that dangerous animals pose to the public, the provision is remedial and civil in nature. The judgment of the trial court dismissing the plaintiff's appeal was affirmed.

Summary: Devon D. was convicted of four counts sexual assault and three counts of risk of injury to a child upon allegations made by three of Devon D.’s biological children, C1, C2, and C3. He appealed his conviction on the grounds that the trial court had abused its discretion by having the three cases to be tried jointly and by permitting C1 to testify with a dog at her feet. The appellate court had accepted these arguments and reversed and remanded for a new trial, but the Supreme Court of Connecticut reversed the appellate court. The Connecticut Supreme Court concluded that “the trial court properly exercised its discretion in permitting the cases to be tried together because the evidence in all three cases was cross admissible,” and reversed on that issue. As to the appellate court’s determination that the trial court had abused its discretion in permitting a dog to sit near C1 during her testimony to provide comfort and support,” the Supreme Court also reversed, reinstating the verdict and judgment of the trial court.

Summary: Defendant, the director of the Society for the Prevention of Cruelty to Animals of Connecticut, Inc., was charged with 63 counts of animal cruelty for failing to give animals “proper care by exposing [them] to conditions that placed [them] at risk of hypothermia, dehydration, or to conditions injurious to [their] well-being....” Defendant was the director of a nonprofit animal rescue organization and housed rescued dogs in an uninsulated outdoor barn heated solely by space heaters. After a trial, Defendant was convicted of 15 counts and acquitted of the remaining 48 counts of animal cruelty. On appeal, the defendant claimed that (1) there was insufficient evidence to support the conviction and (2)C.G.S.A. § 53-247(a) was unconstitutionally vague as applied to the facts of this case. The appellate court rejected defendant’s claims and affirmed the trial court’s decision.

Summary: This Connecticut law provides that when a special agreement has been made between the owner of any animals and a person keeping/taking care of such animals for a price, those animals are subject to a lien in favor of the person keeping the animals. The person keeping those animals may detain the animals until the debt is paid. If the debt is not paid with 30 days after it becomes due, the keeper may sell the animals at public auction after he or she gives written notice to the owner of the time and place at least six days before the sale. Additionally, a commercial boarding kennel or veterinary hospital may transfer abandoned animals to a nonprofit animal rescue or adoption organization. An animal is considered abandoned if the owner or keeper of such animal fails to retrieve the animal within five days of the date on which such owner or keeper was scheduled to retrieve the animal. Written notice notice sent certified, return-receipt requested must first be sent to the owner with a ten-day waiting period before the transfer can occur.