Summary:
This map surveys state laws that allow sentencing courts to restrict future ownership or possession of animals by those convicted of animal cruelty, commonly called "Possession Bans." To date (2021), it appears that 38 states have such laws. Generally, these laws apply only to felony convictions except for a couple states. With some state laws like Indiana, Missouri, and Texas, the possession ban covers only the animals who were subject to the cruelty and any other animals possessed by defendant at the time of the offense. Kansas' law makes those convicted of dogfighting who own dogs within five years of conviction a separate crime. Uniquely, Kentucky's laws restrain ownership if the crime involved sexual assault of an animal or if the animal at issue was an equine. The law does not prevent ownership of future animals. Most laws do address the issue of future animals, though. The most common number of years under which ownership of animals is enjoined by the court is five (5) years. However, California allows ten (10) years for a felony conviction and Delaware expands this to fifteen (15) years. Several states including Maine, Michigan, and Washington enable courts to impose permanent relinquishment of the ability to own or possess animals. The majority of states allow the sentencing court to affix a “reasonable” term of restricted ownership. Some states describe this as a term the judge feels “necessary” or “appropriate.” A few states even limit the ability of the defendant to work with animals in current or future jobs for certain convictions. These laws are distinguished from pre-conviction forfeiture laws that authorize law enforcement or humane officers to impound animals subject to suspected cruel treatment during the pendency of the proceedings.
