Great Apes

People ex rel. Nonhuman Rights Project, Inc. v. Lavery

Summary: This case is an appeal from a Supreme Court judgment denying petitioner's application for an order to show cause to commence a CPLR article 70 proceeding. At issue is the legal status of a chimpanzee named Tommy who is being kept on respondents' property. Petitioners filed a habeas corpus proceeding pursuant to CPLR article 70 on the ground that Tommy was being unlawfully detained by respondents. They offered support via affidavits of experts that chimpanzee have the requisite characteristics sufficient for a court to consider them "persons" to obtain personal autonomy and freedom from unlawful detention. The Court of Appeals here is presented with the novel question on whether a chimpanzee is a legal person entitled to the rights and protections afforded by the writ of habeas corpus. In rejecting this designation, the Court relied on the fact that chimpanzees cannot bear any legal responsibilities or social duties. As such, the Court found it "inappropriate to confer upon chimpanzees the legal rights . . . that have been afforded to human beings."

This case is an appeal from a Supreme Court judgment denying petitioner's application for an order to show cause to commence a CPLR article 70 proceeding. At issue is the legal status of a chimpanzee named Tommy who is being kept on respondents' property. Petitioners filed a habeas corpus proceeding pursuant to CPLR article 70 on the ground that Tommy was being unlawfully detained by respondents. They offered support via affidavits of experts that chimpanzee have the requisite characteristics sufficient for a court to consider them "persons" to obtain personal autonomy and freedom from unlawful detention. The Court of Appeals here is presented with the novel question on whether a chimpanzee is a legal person entitled to the rights and protections afforded by the writ of habeas corpus. In rejecting this designation, the Court relied on the fact that chimpanzees cannot bear any legal responsibilities or social duties. As such, the Court found it "inappropriate to confer upon chimpanzees the legal rights . . . that have been afforded to human beings."

Habeas Corpus para Chimpanzé - Íntegra (portuguese)

Summary: Heron J. de Santana e Luciano R. Santana ajuizar ação nos termos do art. 5 °, LXVIII, Constituição do Brasil. E, art. 647, Código de Processo Penal. Os peticionários buscar a Grande Writ em nome de Suíça, Chimpanzé (nome científico Pan Troglodytes), que é um prisioneiro no Zoológico de Getúlio Vargas, para alívio de ato ilegal e abusivo perpetrado por o diretor da Secretaria de Governo para a Biodiversidade, Meio Ambiente e da Água Recursos. Este é o primeiro caso de considerar que um chimpanzé pode ser uma pessoa jurídica de vir perante o tribunal no âmbito de um pedido de Habeas Corpus.

Heron J. de Santana e Luciano R. Santana ajuizar ação nos termos do art. 5 °, LXVIII, Constituição do Brasil. E, art. 647, Código de Processo Penal. Os peticionários buscar a Grande Writ em nome de Suíça, Chimpanzé (nome científico Pan Troglodytes), que é um prisioneiro no Zoológico de Getúlio Vargas, para alívio de ato ilegal e abusivo perpetrado por o diretor da Secretaria de Governo para a Biodiversidade, Meio Ambiente e da Água Recursos. Este é o primeiro caso de considerar que um chimpanzé pode ser uma pessoa jurídica de vir perante o tribunal no âmbito de um pedido de Habeas Corpus.

Chimpanzee Laws

Brief Summary of Laws Concerning Chimpanzees
Alicia Ivory (2007)

 

The image of chimpanzees as curious mischief-makers is as familiar to American culture as the wily fox or the wise old owl.   While from an early age we learn the anthropomorphic characteristics attributed to chimps (or, those human qualities associated with animals), most people’s understanding of the actual nature of life as a chimpanzee is extremely limited.

Convention on International Trade in Endangered Species

Summary:

CITES is a mature international treaty which, as of the Fall of 2002, has over 150 countries as members. The purpose of the treaty is to control the international movement of listed wild plants and animals, alive or dead, whole or parts there of ("specimens" of species) in such a manner as to be assured that the pressures of international trade do not contribute to the endangerment of the listed species. States must issue permits for international movement of listed species.

CITES is a mature international treaty which, as of the Fall of 2002, has over 150 countries as members. The purpose of the treaty is to control the international movement of listed wild plants and animals, alive or dead, whole or parts there of ("specimens" of species) in such a manner as to be assured that the pressures of international trade do not contribute to the endangerment of the listed species. States must issue permits for international movement of listed species.

WY - Cruelty - Consolidated Cruelty Statutes

Summary: This compilation of laws contains Wyoming's anti-cruelty provisions that were amended in 2021. Under the new laws, a person commits cruelty to animals if the person knowingly overrides an animal or drives an animal when overloaded; intentionally or knowingly, unnecessarily injures or beats an animal; or knowingly carries an animal in a manner that poses undue risk of injury or death. Additionally, a person has the charge or custody of any animal under circumstances that manifest "extreme indifference" to the animal's safety, health or life, and fails to provide it with listed necessities, abandons the animal, fails to provide the animal with appropriate care in the case of immediate and obvious serious injury or illness also commits cruelty to animals. Other prohibitions include animal fighting, shooting or poisoning livestock or domestic animals on property where the animal is authorized to be. A first offense of cruelty to animals or of a violation of W.S. 6-3-1003 is a misdemeanor punishable by imprisonment for not more than six months, a fine of not more than $750.00, or both, with enhanced penalties for subsequent convictions. Felony cruelty to animals occurs when a person commits cruelty to animals as defined in W.S. 6-3-1002(a)(v) through (ix), that results in the death or required euthanasia of the animal; or (ii) knowingly, and with intent to cause death or undue suffering, beats with cruelty, tortures, torments or mutilates an animal. Such acts incur permanent forfeiture of the animal at issue and imprisonment for not more than two years and/or a fine of up to $5,000. With either misdemeanor or felony convictions, the court may order forfeiture of the animals involved, payment of reasonable costs of animal impoundment, and restraints on future ownership of animals. A bestiality law was also enacted in 2021 that prohibits actors from engaging in sexual acts with animals. Violation is a misdemeanor with punishment of up to one year imprisonment and/or a fine of up to $1,000.

This compilation of laws contains Wyoming's anti-cruelty provisions that were amended in 2021. Under the new laws, a person commits cruelty to animals if the person knowingly overrides an animal or drives an animal when overloaded; intentionally or knowingly, unnecessarily injures or beats an animal; or knowingly carries an animal in a manner that poses undue risk of injury or death. Additionally, a person has the charge or custody of any animal under circumstances that manifest "extreme indifference" to the animal's safety, health or life, and fails to provide it with listed necessities, abandons the animal, fails to provide the animal with appropriate care in the case of immediate and obvious serious injury or illness also commits cruelty to animals. Other prohibitions include animal fighting, shooting or poisoning livestock or domestic animals on property where the animal is authorized to be. A first offense of cruelty to animals or of a violation of W.S. 6-3-1003 is a misdemeanor punishable by imprisonment for not more than six months, a fine of not more than $750.00, or both, with enhanced penalties for subsequent convictions. Felony cruelty to animals occurs when a person commits cruelty to animals as defined in W.S. 6-3-1002(a)(v) through (ix), that results in the death or required euthanasia of the animal; or (ii) knowingly, and with intent to cause death or undue suffering, beats with cruelty, tortures, torments or mutilates an animal. Such acts incur permanent forfeiture of the animal at issue and imprisonment for not more than two years and/or a fine of up to $5,000. With either misdemeanor or felony convictions, the court may order forfeiture of the animals involved, payment of reasonable costs of animal impoundment, and restraints on future ownership of animals. A bestiality law was also enacted in 2021 that prohibits actors from engaging in sexual acts with animals. Violation is a misdemeanor with punishment of up to one year imprisonment and/or a fine of up to $1,000.

WY - Wildlife, exotic hybrid - Chapter 1. Game and Fish Administration.

Summary: This section of Wyoming statutes states that all wildlife in the state is considered the property of the state. It further provides that there is no private ownership of live animals classified in this act as big or trophy game animals. Exotic species means any wild animals, including amphibians, reptiles, mollusks, crustaceans or birds not found in a wild, free or unconfined status in Wyoming. This section also contains the management laws for delisted gray wolves that were repealed in 2012.

This section of Wyoming statutes states that all wildlife in the state is considered the property of the state. It further provides that there is no private ownership of live animals classified in this act as big or trophy game animals. Exotic species means any wild animals, including amphibians, reptiles, mollusks, crustaceans or birds not found in a wild, free or unconfined status in Wyoming. This section also contains the management laws for delisted gray wolves that were repealed in 2012.

WV - Cruelty - Consolidated Cruelty Statutes

Summary: These West Virginia statutes comprise the state's anti-cruelty and animal fighting provisions. If any person cruelly mistreats, abandons or withholds proper sustenance, including food, water, shelter or medical treatment, necessary to sustain normal health and fitness or to end suffering or abandons any animal to die, or uses, trains or possesses any domesticated animal for the purpose of seizing, detaining or maltreating any other domesticated animal, he or she is guilty of a misdemeanor. If any person intentionally tortures or maliciously kills an animal, or causes, procures or authorizes any other person to torture or maliciously kill an animal, he or she is guilty of a felony. The provisions of this section do not apply to lawful acts of hunting, fishing, trapping or animal training or farm livestock, poultry, gaming fowl or wildlife kept in private or licensed game farms if kept and maintained according to usual and accepted standards of livestock, poultry, gaming fowl or wildlife or game farm production and management. The section also prohibits animal fighting, making it a felony if the animal is a dog or other fur-bearing animal ("canine, feline, porcine, bovine, or equine species whether wild or domesticated"), and a misdemeanor if not (i.e., cockfighting).

These West Virginia statutes comprise the state's anti-cruelty and animal fighting provisions. If any person cruelly mistreats, abandons or withholds proper sustenance, including food, water, shelter or medical treatment, necessary to sustain normal health and fitness or to end suffering or abandons any animal to die, or uses, trains or possesses any domesticated animal for the purpose of seizing, detaining or maltreating any other domesticated animal, he or she is guilty of a misdemeanor. If any person intentionally tortures or maliciously kills an animal, or causes, procures or authorizes any other person to torture or maliciously kill an animal, he or she is guilty of a felony. The provisions of this section do not apply to lawful acts of hunting, fishing, trapping or animal training or farm livestock, poultry, gaming fowl or wildlife kept in private or licensed game farms if kept and maintained according to usual and accepted standards of livestock, poultry, gaming fowl or wildlife or game farm production and management. The section also prohibits animal fighting, making it a felony if the animal is a dog or other fur-bearing animal ("canine, feline, porcine, bovine, or equine species whether wild or domesticated"), and a misdemeanor if not (i.e., cockfighting).

WV - Exotic Pet - § 20-2-51. Permit for keeping pets; § 20-2-52. Permits for roadside menageries

Summary: This West Virginia statute provides that the state fish and game director may issue a permit to a person to keep and maintain in captivity as a pet, a wild animal acquired from a commercial dealer or during the legal open season. The fee is charged is two dollars.

This West Virginia statute provides that the state fish and game director may issue a permit to a person to keep and maintain in captivity as a pet, a wild animal acquired from a commercial dealer or during the legal open season. The fee is charged is two dollars.