Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Roos v. Loeser | 183 P. 204 (Cal.App.1.Dist.,1919) | 41 Cal.App. 782 (Cal.App.1.Dist.,1919) |
This is an action for damages alleged to have been sustained by plaintiff by reason of the killing of her dog, of the variety known as Pomeranian, by an Airedale belonging to the defendant. In 1919, a California court determined damages to be limited to the veterinary expenses connected with the injury to the animal. In the opinion, the court lovingly discusses the value of the animal. Notwithstanding these words of praise for the small animal, the court decided that the value was limited to the fair market value and related expenses. |
Case | |
| WY - Initiative - Right to Hunt, Fish and Trap, Amendment B | Amendment B (2012) | The adoption of this amendment will recognize and preserve the heritage of Wyoming citizens' opportunity to fish, hunt and trap wildlife, subject to regulation as prescribed by law. It was passed by 84.8% of voters in 2012. | Statute | ||
| SD - Ecoterrorism - Chapter 40-38. Protection of Animal Facilities | S D C L § 40-38-1 - 5 | SD ST § 40-38-1 - 5 | This chapter comprises South Dakota's animal enterprise interference laws. Under the section, it is illegal for a person to intentionally damage or destroy an animal facility, an animal, or property in or on the animal facility; exercise control over the animal facility or an animal located therein; enter the animal facility with the intent to commit prohibited acts; enter an animal facility and remain concealed with the intent to commit prohibited acts; or intentionally release an animal on an animal facility. Violation is a misdemeanor of varying degrees if the damaged property value is less than $1,000 and a Class 4 felony if above $1,000. Any person who violates subdivisions 40-38-2(2) to (5), inclusive, is guilty of a Class 4 felony. | Statute | |
| NH - Hunting - Interference with Hunting, Trapping or Fishing. 207:57 Harassment. | N.H. Rev. Stat. § 207:57 | NH ST § 207:57 | This represents New Hampshire's hunter harassment law. The law provides that no person shall purposely obstruct or impede the participation of any individual in the lawful activity of hunting, fishing or trapping while that individual is in a designated hunting area on public lands. The section does not apply to any incidental interference arising from the lawful and normal activities of public land users. Any person violating the provisions of this section shall be guilty of a violation. | Statute | |
| KS - Rabies - 9-18-5 Importing dogs and cats. | K.A.R. 9-18-5 | KS ADC 9-18-5 | This Kansas regulation states that dogs and cats shall not be imported into Kansas unless accompanied by a certificate of veterinary inspection issued by a licensed veterinarian and vaccinated against rabies with a product licensed by the U.S.D.A., with the duration of immunity and method of administration in accordance with the manufacturer's guidelines. Dogs and cats under three months of age shall not be required to be vaccinated against rabies. | Administrative | |
| Dyess v. Caraway | 190 So.2d (666 La.App., 1966) |
Plaintiff claimed damages for the death of five pedigreed Norwegian Elkhound puppies resulting from the negligence of defendant, Hugh L. Caraway, a duly licensed veterinarian. Specifically, defendant allegedly failed to make proper diagnostic tests, failed to give proper treatment for coccidia from which the puppy died, although the defendant had professional knowledge that the puppy was suffering from that disease, and failed to exercise the standard of care required by the average prudent veterinarian in the community. The court first noted the difficulty in diagnosing distemper. It also found the doctrine of res ipsa loquitur in applicable in the instant case, primarily for the reason that the instant case involves a question of diagnosis and treatment of a professional nature which in itself requires judgment. |
Case | ||
| Warren v. Commonwealth | 822 S.E.2d 395 (Va. Ct. App., 2019) | 69 Va. App. 659, 2019 WL 189386 (Va. Ct. App., 2019) | Warren, the defendant in this case, videotaped on his cell phone sexual encounters he had with K.H. and her dog. The videos showed the dog's tongue penetrating K.H.'s vagina while K.H. performed oral sex on Warren. In March of 2017, Deputy Sheriff Adam Reynolds spoke to Warren about an unrelated matter. Warren asked if "bestiality type stuff" was "legal or illegal," described the cellphone videos, and offered to show them to Reynolds. Reynolds contacted Investigator Janet Sergeant and they obtained a search warrant and removed the videos from Warren's cellphone. Warren was indicted and moved to dismiss the indictment arguing that Code § 18.2-361(A), which criminalizes soliciting another person to "carnally know a brute animal or to submit to carnal knowledge with a brute animal," is facially unconstitutional and unconstitutional as applied to him. "He argued that the conduct depicted in the videos could not be subject to criminal sanction because it amounted to nothing more than consensual conduct involving adults." The trial court denied Warren's motion to dismiss. The trial court convicted Warren of the charged offense. Warren appealed again challenging the constitutionality of the offense and that it violated his due process rights. Warren relied on a Supreme Court case, Lawrence v. Texas, which held that two adults engaging in consensual homosexual sexual practices was protected by the due process clause. He argued that the reasoning of Lawrence applies with equal force to his case. The Court of Appeals reasoned that although Code § 18.2-361(A) cannot criminalize sodomy between consenting adults, it can continue to regulate other forms of sodomy, like bestiality. "If Lawrence, which involved a prohibition on same-sex sodomy, did not facially invalidate the anti-sodomy provision of then Code § 18.2-361(A), it defies logic that it facially invalidates the bestiality portion of the statute that existed before the 2014 amendment and is all that remains after that amendment." Even though Warren claims his right as "the right of adults to engage in consensual private conduct without intervention of the government," the court concluded that the right he is actually asserting is the right to engage in bestiality. Code § 18.2-361(A) "does not place any limitation on the rights of consenting adults to engage in private, consensual, noncommercial, sexual acts with each other." The only act it prohibits is sexual conduct with a brute animal. Therefore, the only right the statute could possibly infringe on wold be the right to engage in bestiality. The Commonwealth has a legitimate interest in banning sex with animals. The Court of Appeals held that the General Assembly's prohibition of bestiality does not violate the Due Process Clause of the Constitution. The Court rejected Warren's challenge to the constitutionality of the statute and affirmed the judgment of the trial court. | Case | |
| Volosen v. State | 192 S.W.3d 597(Tex.App.-Fort Worth, 2006) | 2006 WL 349713 (Tx. 2006) |
In this Texas case, the trial court found Appellant Mircea Volosen guilty of animal cruelty for killing a neighbor's dog. The sole issue on appeal is whether the State met its burden of presenting legally sufficient evidence that Volosen was "without legal authority" to kill the dog. By statute, a dog that "is attacking, is about to attack, or has recently attacked ... fowls may be killed by ... any person witnessing the attack." The court found that no rational trier of fact could have determined beyond a reasonable doubt that the dog was not attacking or had not recently attacked chickens in a pen in Volosen's yard; thus, the evidence is legally insufficient to establish that Volosen killed the dog "without legal authority" as required to sustain a conviction for animal cruelty. Judgment Reversed by Volosen v. State , 227 S.W.3d 77 (Tex.Crim.App., 2007). |
Case | |
| OK - Dog - Consolidated Dog Laws | 11 Okl.St.Ann. § 22-115.1; 21 Okl.St.Ann. § 649.1 - 649.3; 21 Okl. St. Ann. § 1717 - 1718; 4 Okl.St.Ann. § 41 - 47; 391 - 402; 499 - 499.10; 501 - 602; 29 Okl. St. Ann. § 7-304; 70 Okl.St.Ann. § 5-117.6 | These statutes comprise Oklahoma's dog laws. Among the provisions include dog control laws, sterilization provisions for adopted animals, and the use of unclaimed animals in scientific research or experimentation. | Statute | ||
| MO - Breeding - Proposition B | 2010 Proposition B |
The official ballot title asks voters if Missouri law be amended to (1) require large-scale dog breeding operations to provide each dog under their care with sufficient food, clean water, housing and space; necessary veterinary care; regular exercise and adequate rest between breeding cycles; (2) prohibit any breeder from having more than 50 breeding dogs for the purpose of selling their puppies as pets; and (3) create a misdemeanor crime of “puppy mill cruelty” for any violations. |
Statute |