STATE ANIMAL CRUELTY LAWS

INTRODUCTION

Anti-cruelty statutes do not give animals legal rights, but these laws are the main form of legal protection afforded to animals in our society. Each of the 50 states and the District of Columbia has enacted its own unique animal anti-cruelty statute. The first anti-cruelty statute was enacted in America in 1641 by the Massachusetts Bay Colony. Article 92 in its legal code, called the "Body of Liberties," stated that "No man shall exercise any Tyranny or Cruelty towards any Brute creature which are usually kept for man's use." Today, anti-cruelty laws exist at both the state and federal levels. The Animal Welfare Act provides the principal protection at the federal level. At the state level, every state has enacted its own unique law prohibiting cruel treatment of animals. The intent of anti-cruelty laws is twofold. First, these laws seek to protect animals from mistreatment by imposing a penalty for such behavior. Second, anti-cruelty laws are intended to conserve public morals by deterring all forms of violent human behavior. It is now generally known that cruelty to living creatures leads to other forms of violent behavior.

The State Animal Cruelty Laws summary is organized alphabetically by state. It includes the following information:

* Summary of the text of the state's statute
* Definition of the term "animal"
* Practices that are exempted from coverage
* Year the statute was most recently amended
* Definition and classification of the crime for a violation of the statute  * Penalties for violations
* Whether forfeiture or seizure of animals is allowed
* Any additional conditions a court may impose upon a defendant.

Although each state has authored its own law, these statutes do share some common provisions. For example, most statutes make it an act of cruelty to "overdrive, overwork, or work an animal when it is unfit for labor." Other common provisions prohibit abandonment, poisoning, and failure to supply animals with food, water and shelter. Since cruelty to animals is a statutory offense, whether a person's behavior constitutes cruelty depends upon the language of the statute. If a statute includes terms such as "intentionally," or "knowingly," the prosecution must show that the person committed the cruelty with intent. This is often difficult to prove and can lead to acquittal. If a statute does not include a qualifier such as "knowingly," then the offender is strictly liable for the crime without regard to his or her mental state.

DEFINITION OF ANIMAL

Although a few states do not define the term "animal" in their anti-cruelty statutes, most states define it as every living creature except a human being. Some states, however, may exempt certain classes of animals from coverage under the statute. For example, Alaska's definition of animal does not include fish. Likewise, Delaware's statute does not include crustacea or molluska, and New Mexico's definition does not include insects or reptiles.

EXEMPTIONS

In addition to the exemption of whole classes of animals, some statutes exempt certain practices upon animals. Forty-seven states provide one or more exemption. Only Minnesota, Mississippi and Oklahoma provide no exemptions. The most common exemptions include animal husbandry, scientific research, veterinary practices, and practices involving wildlife such as hunting or predator control. Less common exemptions include rodeos, zoos, and animal training.

UNIQUE FEATURES OF CRUELTY STATUTES

Several states have included unique features in their statutes. For example, only California's statute specifically addresses the treatment of elephants. Whereas most statutes exempt poultry from protection, Maine includes a specific section prohibiting cruelty to birds. Massachusetts and Montana prohibit racing. Pennsylvania's statute prohibits cropping dogs' ears by anyone other than a licensed veterinarian.

PENALTIES

Thirty-three states and the District of Columbia provide felony-level penalties for certain types of cruelty violations including animal fighting. This is due, in part, to the well established fact that cruelty to animals may be the precursor to violent forms of behavior against humans. New laws passed in 2001 continue a trend toward stricter penalties.

ADDITIONAL COURT-ORDERED PENALTIES

Some states have provisions within their animal cruelty statutes that allow judges to order additional conditions such as reimbursement for cost of animal care, community service, counseling, restitution, and seizure of the animal(s) being cruelly treated or neglected. Furthermore, in 36 states, courts may enjoin animal ownership during probation or may order defendants to forfeit their right to possess animals in the future. For example, under Minnesota's anticruelty statute, a court may: (1) impose a probation period during which the person may not have ownership, custody, or control of a pet or companion animal; (2) require periodic visits by an control officer; (3) require performance of community service in a humane facility; or (4) require behavioral counseling.