Cruelty to Animals

In criminal law, “cruelty to animals” (also known as “animal cruelty”) refers to the set of laws designed to protect domesticated pets, stray animals, wild animals and farmed animals. There are numerous California animal cruelty laws, but the primary one is California Penal Code 597. The key elements of Animal Cruelty as defined in California Penal Code 597 are:

• Maliciously and intentionally maiming, wounding, torturing, or mutilating or wounding a living animal or maliciously and intentionally killing an animal;
• Without malice or intentional conduct, overworking, overdriving, torturing, tormenting, depriving of the necessary food and drink or shelter, cruelly beating, cruelly mutilating or cruelly killing any animal, or subjecting any animal to needless suffering, or driving, riding or otherwise using an animal that is unfit for labor; and
• Maliciously and intentionally maiming, mutilating, or torturing any mammal, bird, reptile, amphibian, or fish of an endangered or threatened species.

In addition to the general activities described in California Penal Code 597, a number of additional specific acts of cruelty to animals are described in other parts of the California Penal Code, for example:

• Poisoning animals (Penal Code 596)
• Dog fighting (Penal Code 597.5)
• Declawing an exotic or native or wild cat (Penal Code 597.6)
• Leaving an animal in an unattended car where the conditions could enganger the animals health or well-being (Penal Code 597.7)
• Transporting animals in an inhumane manner (Penal Code 597a)
• Staging animal fighting for amusement (Penal Code 597b)
• Intentionally tripping horses (Penal Code 597g)
• Attaching a live animal to a device for the purpose of getting a dog to chase it (Penal Code 597h)
• Failing to provide reasonable care to animals in pet stores (Penal Code 597l)
• Cockfighting (Penal Code 597b, 597c, 597i, 597j)
• Using a bristle bur, tack bur, or other like device on a horse or other animal (Penal Code 597k)
• Bullfighting (Penal Code 597m)
• Shortening the tail of a horse or cattle (“docking) (Penal Code 597n)
• Failing to appropriately transporting animals to slaughter (Penal Code 597o)
• Willfully abandoning animals (not including rehabilitation of native California wildlife) (Penal Code 597s)
• Confining an animal in an area that does not provide it with adequate exercise or restricting an animal with a leash that allows the animal to become entangles. (Penal Code 597t)
• Transporting disabled horses, ponies, burros or donkeys (Penal Code 597x)
• Selling dogs younger than 8 weeks of age. (Penal Code 597z)

State prosecutors have the discretion to file a crime under the more specific animal cruelty laws, or under the more general animal abuse descriptions contained in Penal Code 597. Depending on the seriousness of the case, the defendant's criminal history and the law under which the crime is prosecuted, animal cruelty can be charged as an infraction, a misdemeanor or a felony. Conviction for misdemeanor animal cruelty can result in a year in county jail and up to $20,000 in fines. Conviction for felony animal cruelty can result in 16 months to 3 years in state prison and up to $20,000 in fines. In addition to incarceration and fines, the animal may be permanently confiscated; the defendant may be ordered to complete counseling and or probation.

Anyone charged with a crime involving animal cruelty should seek the advice of an experienced and skilled criminal defense attorney.