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Displaying 401 - 410 of 941
Title |
Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Kervin v. State | 195 So. 3d 1181 (Fla. Dist. Ct. App. 2016) | 2016 WL 3606532 (Fla. Dist. Ct. App. July 6, 2016) | Donald Ray Kervin was found guilty of felony animal cruelty stemming from a 2012 incident at his residence. Animal control officers arrived to find defendant's dog "Chubbie" in a small, hot laundry room a the back of his house that emitted a "rotten-flesh odor." Chubbie was visibly wet, lying in his own feces and urine, with several open wounds infested with maggots. After questioning Kervin about the dog's injuries, defendant finally admitted to hitting Chubbie with a shovel for discipline. The dog was ultimately euthanized due to the severity of his condition. In this instant appeal, Kervin contends that the lower court erred in using the 2014 revised jury instruction to instruct the jury on the charged offense rather than the 2012 version of the instruction. Kevin argued that the 2014 version expanded the 2012 version to include the “failure to act” in felony animal cruelty cases. Also, Kervin argued that the 2012 version should have been used because it was in place at the time the offense occurred. Ultimately, the court found that the lower court did not err by using the 2014 jury instruction. The court held that the 2014 jury instructions merely “clarified” the 2012 jury instruction and that the “failure to act” was already present in the 2012 jury instruction. As a result, the court upheld Kervin’s guilty verdict. | Case |
| Knox v. Massachusetts Soc. for Prevention of Cruelty to Animals | 425 N.E.2d 393 (Mass.App., 1981) | 12 Mass.App.Ct. 407 (Mass.App., 1981) |
In this Massachusetts case, the plaintiff, a concessionaire at the Brockton Fair intended to award goldfish as a prize in a game of chance. The defendant, Massachusetts Society for the Prevention of Cruelty to Animals (MSPCA), asserted that such conduct would violate G.L. c. 272, s 80F. In the action for declaratory relief, the court considered whether the term "animal" in the statute includes goldfish. The court concluded in the affirmative that, "in interpreting this humane statute designed to protect animals subject to possible neglect by prizewinners," former G.L. c. 272, s 80F applies to goldfish. |
Case |
| KS - Cruelty - Consolidated Cruelty and Animal Fighting Laws | K. S. A. 21-6411 - 6418; 21-5504; 60-5401 | KS ST 21-6411 - 6418; 21-5504; 60-5401 | The Kansas anti-cruelty statutes define cruelty to animals as knowingly killing, injuring, maiming, torturing, burning or mutilating any animal. Also included as cruelty are abandoning any animal, failing to provide food, horse-tripping, and poisoning any domestic animal, unlawful disposition of animals, dog and cock-fighting. Cruelty to animals may be a misdemeanor or a felony. Exceptions are made for such things as veterinary practices, research experiments, rodeo and farming practices, euthanasia, and pest control. It is also illegal to allow a dangerous animal to run at large or to engage in sodomy with an animal. | Statute |
| KS - Vehicle, animal - 60-5401. Immunity for damage to motor vehicle | K. S. A. 60-5401 | KS ST 60-5401 | This Kansas law, effective in 2018, provides immunity for civil liability for damage to the motor vehicle if a person enters a motor vehicle to remove a vulnerable person or domestic animal. “Domestic animal” means a dog, cat or other animal that is domesticated and may be kept as a household pet, but does not include livestock. Several conditions must be met before a person is granted immunity under the law. | Statute |
| KY - Cruelty - Consolidated Cruelty Statutes | KRS § 525.125 - 137; KRS § 436.600 - 610 | KY ST § 525.125 - 137; KY ST § 436.600 - .610 | These Kentucky statutes represent the state's anti-cruelty and animal fighting provisions. Under the law, animal cruelty in the first-degree (a class D felony) occurs when a person causes four-legged animals to fight for pleasure or profit. Exclusions under this section include, among others, the killing of animals when hunting, fishing, or trapping; as incident to the processing as food or for other commercial purposes; or for veterinary, agricultural, spaying or neutering, or cosmetic purposes. | Statute |
| KY - Horse - 436.185 Exhibition of walking horse where the horse's front legs or hoofs show evidence of | KRS § 436.185 | KY ST § 436.185 | This law prohibits the showing or exhibition of a walking horse that shows evidence of burns, drugs, lacerations, any sharp pointed instrument, or any pain inflicting device. It is the duty of the ringmaster to inspect horses for such evidence. Failure of the ringmaster to do so results in a $10 - $100 fine. | Statute |
| LA - Cruelty - Chapter 17. Cruelty to Animals (Corporations for Prevention of Cruelty to Animals) | LSA-R.S. 3:2391 - 2501 | These chapters concerns the powers and duties of Louisiana corporations for prevention of cruelty to animals. | Statute | |
| LA - Cruelty - Consolidated Cruelty Statutes | LSA-R.S. 3:2361 - 2367; LSA-R.S. 14:102 - .29 | These Louisiana statutes comprise the state's anti-cruelty provisions. The term "cruel" is defined in the first section every act or failure to act whereby unjustifiable physical pain or suffering is caused or permitted. The crime of cruelty to animals is subdivided into simple cruelty or aggravated cruelty. Simple cruelty occurs when a person intentionally or with criminal negligence overdrives, overloads, drives when overloaded, or overworks, torments, cruelly beats, or unjustifiably injures, or, having charge, custody, or possession of any animal, either as owner or otherwise, unjustifiably fails to provide any living animal with proper food, proper drink, proper shelter, or proper veterinary care. | Statute | |
| LA - Cruelty - § 107.1. Ritualistic acts | LSA-R.S. 14:107.1 | This Louisiana law states that it is necessary for "the immediate preservation of the public peace, health, morals, safety, and welfare and for the support of state government and its existing public institutions" to ban certain ritualistic acts. With regard to animals, the law defines a "ritualistic act" to include the mutilation, dismemberment, torture, abuse, or sacrifice of animals or the ingestion of animal blood or animal waste. Any person committing, attempting to commit, or conspiring with another to commit a ritualistic act may be sentenced to imprisonment for not more than five years or fined not more than five thousand dollars, or both. | Statute | |
| LA - Cruelty - § 89. Crime against nature | LSA-R.S. 14:89 | This Louisiana law makes it a crime against nature to engage in "unnatural carnal copulation by a human being with another of the same sex or opposite sex or with an animal." This results in a penalty of a fine of not more than two thousand dollars, and imprisonment, with or without hard labor, for not more than five years, or both. In 2018, the legislature added a new section dedicated to sexual abuse of animals. | Statute |