Animal Welfare

AuthorRichard Leiter
Pages495-521

Page 495

Traditionally, animals have been treated as property, not as beings or persons capable of ownership of property or of possessing the right to be free of abuse or harm. Of course, in the past, domestic animals were primarily used for food or transportation, and, hence were a valuable economic tool. Farm and working animals were the only animals that were protected in some measure against abuse, but only insofar as treatment affected the economic value of the animal. Since house pets did not even have the economic value, the law did not specifically recognize them as warranting particular consideration. In this context, the law primarily protected the owners of domesticated farm animals and beasts of burden from economic loss as a result of injury or theft of the animals.

In modern times, domesticated animals have achieved enhanced roles in the lives of their owners. House pets have become family members, and some owners, faced with the possibility that their beloved pets may outlive them, and face one-way tickets to the pound, have tried to make provisions for their pets in their wills. So-called “pet trusts” have evolved over the last century and are becoming recognized by more and more states. In addition, the law has also come to recognize a basic “right” of animals to be free from harm.

Animal law is a rapidly growing area of the law. Law schools are teaching courses in animal law and states are strengthening penalties for crimes against animals. Several states are placing a greater emphasis on the protection of companion animals. As such, this chapter is devoted largely to the discussion of companion animals; specifically, it will discuss honorary or “pet” trusts, animal abuse, and animal fighting.

Despite the traditional status of animals as property, a majority of the states now allow people to leave money for the care of animals through an honorary or “pet” trust. Perhaps being led by the Uniform Trust Code’s provision for pet trusts, many states have passed laws permitting this type of trust.

Also covered in this chapter is a section on animal abuse. States tend to vary on the animals that they protect. As such, when the statute provides a definition for the word “animal,” that definition is provided in this section. Although most states define animal abuse or cruelty to animals in a similar fashion, they are still fairly divided on the appropriate penalties for persons committing crimes against animals.

In some states, these offenses are misdemeanors and in others they are felonies. Some states are increasing penalties for crimes against dogs and/or cats or for people committing torture against an animal. Most states require misdemeanor offenses to be enhanced into felonies when an individual is a repeat offender. Several also provide for restitution to the owner, anger management classes, and/or mental health evaluations as a condition of probation or a part of punishment. Since these enhancements and provisions are not particularly unique to animal issues, they are not discussed in this chapter. Abandonment and neglect (failure to provide adequate food, shelter, water, etc.) are included in this section, but crimes such as bestiality are not. As the punishment, not the description of the offense, is what tends to vary the most between the states, descriptions will only be provided when they are unique, they are necessary to distinguish two or more statutes by the same state, or when different actions provide different punishments.

Finally, this chapter will discuss animal fighting. Most states prohibit animal fighting in some form. Some only prohibit cockfighting and/or dogfighting. In states with a specific statute against dogfighting, the punishment is typically higher than punishments for other type of animal fighting. Although these statutes typically provide a very long list of prohibited activities (such as owning or training an animal for the purpose of an exhibition of fighting, allowing property to be used for a fight, judging or accepting admission fees for a fight, etc.), the description of each offense will be summarized in the same fashion as in the section on cruelty to animals above.

As this chapter will focus on companion animals, crimes involving wildlife or farm animals, such as bear wrestling, bull fighting, greased pig contests, horse tail docking and dyed chicks are not covered (with the

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exception of cockfighting). Also not discussed are traditional exceptions to the statutes, such as for veterinarians, scientific experimentation, hunting, and other historically permitted purposes. Statutes defining proper ways to transport animals, unless unique or defined within a cruelty statute, are also not included in this section. Additional protections provided to service animals for the disabled or for police/fire assistance are also excluded.

1 This chapter was compiled by Stefanie Pearlman, Assistant Professor of Law Library, Schmid Law Library, University of Nebraska, College of Law.

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Table 33: Animal Welfare
State Pet Trusts Animal Abuse Animal Fighting
ALABAMA 19-3B-408 A trust may be created for the care of an animal alive during settlor’s lifetime. The trust terminates upon the death of animal or the death of last surviving animal alive during settlor’s lifetime. 13A-11-14 Cruelty to animals is a class B misdemeanor. 13A-11-241 Cruelty to a dog or cat in the first degree includes torture, skinning, or offering to sell the pelt of a dog or cat and is a C felony. Cruelty to a dog or cat in the second degree is an A misdemeanor and includes mutilation and depravation of shelter. 3-1-29 Dogfighting, including presence as a spectator, is a class C felony. 13A-12-4 Keeping a cockpit or fighting cocks in any public place is punishable by fine of not less than $20, nor more than $50. 13A-12-6 Hog and canine fighting is a class A misdemeanor.
ALASKA 13.12.907 A trust for pets is valid for 21 years, if for a specific lawful noncharitable purpose or a lawful noncharitable purpose to be selected by trustee and no definite or definitely ascertainable beneficiary designated. The trust terminates when a living animal is not covered by the trust. 11.61.140 Cruelty to animals is an A misdemeanor. 11.61.145 Animal fighting is a class C felony. Attending such an exhibition is a violation. For this section, an animal is defined as a vertebrate, living creature, not a fish or human being.
ARIZONA 14-2907 A trust for pets is valid for 21 years, if for a specific lawful noncharitable purpose or a lawful noncharitable purpose to be selected by trustee and no definite or definitely ascertainable beneficiary designated. Trust terminates when a living animal is not covered by the trust. 13-2910 Cruelty to animals is a class 1 misdemeanor. If the offense involves cruel neglect/abandonment that results in serious physical injury to the animal, or intentional/knowing infliction of cruel mistreatment, it is a class 6 felony offense. This applies to mammals, birds, reptiles or amphibians. 13-2910.01 Dogfighting is a class 5 felony. 13-2910.02 Presence at a dogfight is a class 6 felony. 13-2910.03 Cockfighting is a class 5 felony. 13-2910.04 Presence at a cockfight is a class 1 misdemeanor.
ARKANSAS 28-73-408 A trust may be created for the care of animal(s) alive during settlor’s lifetime and it terminates upon death of last surviving animal. 5-62-101; 5-62-110 Cruelty to animals is a class A misdemeanor. It applies to any living creature. 5-2-120 Unlawful dogfighting in the first degree is a class D felony. Unlawful dogfighting in the second degree is a class A misdemeanor and includes purchasing a ticket for admission to, presence at, or witnessing as a public spectacle a dogfight.

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State Pet Trusts Animal Abuse Animal Fighting
CALIFORNIA Prob. Code 15212 A trust may be performed by trustee for the life of an animal, regardless of beneficiary who can seek enforcement or termination of trust or terms of trust contemplating a longer duration. Penal Code 596 Poisoning an animal without consent of the owner is a misdemeanor. Penal Code 597 Cruelty to animals is punishable by imprisonment in state prison, fine of not more than $20,000, or both; or by imprisonment in county jail for up to one year, or up to a fine of $20,000, or both. Penal Code 597f Failure to care for animals is a misdemeanor. Penal Code 597h Attaching live animals to power propelled devices to be pursued by dogs is a misdemeanor. Penal Code 597s Willful abandonment of any animal is a misdemeanor. Penal Code 597t Improper confinement of an animal is a misdemeanor. Penal Code 597b Fighting animals or cockfighting is a misdemeanor offense. Dogs are excluded from this section. Penal Code 597c Owning, keeping, training, or possessing animals or birds with intent to engage in fighting is a misdemeanor. Dogs are excluded from this section. Penal Code 597i It is a misdemeanor to manufacture, buy, sell, barter, exchange or possess cockfighting implements. Penal code 597.5 Fighting dogs is a felony. A spectator is guilty of a misdemeanor.
COLORADO 15-11-901 A trust is valid for the care of designated domestic or pet animals/animals’ offspring in gestation. Trust terminates when no living animal is covered under the trust. 18-9-202 Cruelty to animals includes abandoning a dog/cat and recklessly or with criminal negligence causing torture, mutilation or death of an animal. It is a class 1 misdemeanor. A person commits aggravated cruelty to animals when he knowingly tortures, needlessly mutilates, or needlessly kills an animal. This offense is a class 6 felony. 18-9-201(2) An animal is any living dumb creature. 18-9-204 Animal fighting is a class 5 felony.
CONNECTICUT 53-247 Cruelty to animals is punishable by a fine of not more than $1,000, imprisonment of not more than one year, or both. If the person maliciously and intentionally maims, mutilates, tortures, wounds or kills an animal, it is punishable by
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