Anti-Cruelty

Summary: The defendants had been convicted of a number of counts of animal cruelty in 2011, to include unnecessary suffering pursuant to Section 4, and participation in a blood sport under Section 8 of the Animal Welfare Act 2006. Mr Patterson was found to have breached an attached disqualification order under Section 34 of the Animal Welfare Act 2006, on which this appeal is based. The order covered all types of animals for a period of five years. This prohibited him from owning, keeping, participating in the keeping of, or being a party to an arrangement under which he would be entitled to control or influence the way in which animals are kept. A number of animals were found and seized at the home. The appeal was allowed on the basis that Mr Patterson was not entitled to control or influence the way in which the animals were kept by his wife on the facts.

Summary: This Maryland law relates to unattended vehicles (i.e., a person must not leave a running motor vehicle unattended). When a cat or dog is left in the unattended vehicle of an on-duty law enforcement officer or an animal control officer, the provisions of that subsection do not apply to the law enforcement officer or the animal control officer.

Summary: Sentencia C-041 is one of the most important court decisions on bullfighting. On this occasion, the court held unconstitutional Article 5 of Ley 1774 of 2016 that referred to the Article 7 of the Statute of Animal Protection. Article 7 contains the seven activities that involve animals for entertainment that are exempted from the duty of animal protection. The practices permitted correspond to rejoneo, coleo, bullfighting, novilladas, corralejas, becerradas and tientas (all variations of bullfighting), cockfighting and all the related practices. Even though the court held that the legislature had fallen into a lack of constitutional protection towards animals, and stated that bullfighting was cruel and inhumane, it deferred the effects of its sentence and gave Congress a two-year period to decide whether bullfighting and the other exception established in Article 7 of the Statute of Animal Protection will continue to be legally allowed. If after this period, the Congress has not legislated on the matter, decision C-041, 2017 will take full effect and bullfighting along with all the practices established in Article 7 will be considered illegal.

Summary: This 2016 law states that, in a cruelty or welfare proceedings, the court may order, upon its own initiative or upon request of a party or counsel for a party, that a separate advocate be appointed to represent the interests of justice. That advocate can monitor the case and supply the court with information about the welfare of the cat or dog. The Department of Agriculture shall maintain a list of attorneys with knowledge of animal issues and the legal system and a list of law schools that have students, or anticipate having students, with an interest in animal issues and the legal system. Such attorneys and law students shall be eligible to serve on a voluntary basis as advocates under this section.

Summary: Resolution 002341 de 2007 sets parameters and requirements with the goal of guaranteeing the efficiency of the different processes that are part of the system of production of cattle for slaughter, while taking into account the livestock’s health and safety. Some of the topics that this resolution regulates include registration of production farms, requirements of the farming facilities, animal health and biosafety, veterinary medicines good practices, animal feeding good practices, farm and livestock transportation personnel, animal welfare and animal transportation.

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: This law modifies the Animal Protection Statute Ley 84, 1989 by modifying the Civil Code and the Criminal Code. Ley 1774 changes the status of the animals in the legal system, by declaring that all animals are ‘sentient beings’, subject to special protection against pain and suffering. The duty of animal protection, is established as a collective responsibility where the government and the citizens are required to assist and protect animals. Citizens have the duty to report when an animal is being subject to cruelty.

Summary: Ley 84 is the National Statute of Animal Protection in Colombia. Ley 84 establishes the general duties of humans towards animals. Among these duties includes the duty to provide animals with enough food, water and medicine to guarantee their well-being; the duty to provide animals with appropriate space so they can move adequately; and the duty to provide appropriate shelter. Article 7 contains the exceptions to the duty to protect animals, meaning that the practices listed in this section are legal under the current legal system even though they might be inherently cruel. These exceptions correspond to the different variations and forms of bullfighting rejoneo, coleo, las corridas de toros, novilladas, corralejas, becerradas y tientas, and cockfighting. Ley 84 also regulates the slaughter of animals for non-consumption, animals in experiments and research, animal transportation, as well as hunting and fishing, resources, penalties, legal competency, and procedures to follow in regard to this law.

Summary: This statute creates and regulates the creation of the Boards for Animal Defense. These boards, once legally constituted, become legal persons, with their main goal to raise awareness and educate the community about respect towards animals and animal protection through educational programs. Ley 5, 1972 establishes the creation of these boards as mandatory in all the municipalities in the country, as well as fines and arrest for those who are found responsible of committing cruel acts towards animals. At the same time, it establishes that the police have a duty to assist the Animal Defense Boards in the fulfillment of their goals. These boards are integrated by the Mayor or his/her delegate; the Parish Priest or his slender; the Municipal Representative or his/her delegate; a representative of the Secretary of Agriculture and Livestock of the respective Department; and a delegate chosen by the directives of the local schools. With the creation of these boards, the law seeks to promote educational campaigns that “tend to awake the spirit of love towards animals that are useful to humans and to avoid cruel acts and unjustified maltreatment and abandonment of such animals."

Summary: This Indiana case addresses the status of animals seized in conjunction with a criminal animal cruelty case. Specifically, the appeal addresses whether the trial court erred in granting a local animal rescue the authority to determine disposition of the seized animals. The animals were seized after county authorities received complaints of animal cruelty and neglect on defendant's property in late 2016. As a result of the charges, five horses, two mules, and two miniature donkeys were impounded and placed with a local animal rescue. Following this, the state filed a notice with the court that estimated costs of continuing care for the impounded animals. About a month later, the state filed an Amended Motion to Determine Forfeiture/Disposition of Animals, requesting the trial court issue an order terminating defendant's ownership rights in the animals. Alternatively, the state requested that defendant could seek to have his posted bond money apportioned to cover the costs associated with the animals' care. The court ultimately entered an order that allowed the rescue agency full authority to determine disposition of the animals after defendant failed to respond. In his current appeal of this order, defendant first claims that the trial court erred in giving the animal rescue such authority because defendant paid $20,000 in bail. The appellate court found that this money was used to secure defendant's release from jail and he did not request that the jail bond be used for the care of the animals. The court found that the legislature clearly intended the bail and bond funds are used for "separate and distinct purposes," so there was no way for the trial court to automatically apply this money to the animal care costs. Defendant had to affirmatively exercise his rights concerning the disposition of the animals pending trial, which he failed to do. As to defendant's other issue concerning an investigation and report by a state veterinarian, the appellate court found defendant waived this issue prior to appeal. The decision was affirmed.