Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| UT - Endangered Species - Chapter 20. Enforcement--Violations and Penalties | U.C.A. 1953 § 23A-5-309 - 314 | UT ST § 23A-5-309 - 314 | This Utah statute criminalizes the intentional or reckless abandonment of a carcass or killing of wildlife for pecuniary gain. The statute lists the restitution value of species protected under the code (bald eagles $1,000 and golden eagles $500). Further, the statute proscribes mandatory incarceration for felony convictions (aggregate value of species taken over $500) where the motive of the individual was pecuniary gain. | Statute | |
| NY - Eagles - Chapter 43-B. Of the Consolidated Laws. | N.Y. Envtl. Conserv. Law § 11-0537 | NY ENVIR CONSER § 11-0537 | New York makes it illegal to "knowingly or with wanton disregard for the consequences" take, transport, possess, or engage in commerce of bald eagles or their parts without a valid permit. This incorporates the exact language of the federal act. | Statute | |
| Commonwealth v. Lee | 2007 WL 4555253 (Pa. Super. 2007) |
Sheriffs removed Defendant's starving dog from his garage and took it to a shelter for hospitalization. Following a conviction and sentencing for animal cruelty and an order of restitution payable to the shelter, Defendant appealed. The Superior Court remanded for re-sentencing and vacated the order of restitution, holding that the shelter was not a victim of Defendant's actions, and that restitution is only payable to humans. |
Case | ||
| Oak Creek Whitetail Ranch, L.L.C. v. Lange | 326 S.W.3d 549 (Mo.App. E.D., 2010) | 2010 WL 4751676 (Mo.App. E.D.) |
A Missouri statute places liability on a dog owner where such dog kills or maims a sheep or "other domestic animal" of another. On December 10, 2006, three dogs of Defendant Glendon Lange entered Oak Creek’s deer breeding farm and killed 21 of Oak Creek's "breeder deer." The Missouri Court of Appeals, Eastern District, disagreed with the trial court, finding that "domestic" should have been interpreted by the "plain meaning" of the word, which therefore includes Oak Creek’s breeder deer. |
Case | |
| Australia - Animal Cruelty - Prevention of Cruelty to Animals (Animal Trades) Regulation 1996 | Agency Citation |
This Prevention of Cruelty to Animals (Animal Trades) Regulation 1996 identifies certain businesses as animal trades for the purposes of POCTAA, and prescribes Codes of Practice relevant to the conduct of those businesses. It also creates offences relating to the conduct of businesses classed as 'animal trades'. |
Administrative | ||
| RSPCA v. McCormick | [2016] EWHC 928 (Admin) | It was held that for an animal fight to have taken place, contrary to Section 8 of the Animal Welfare Act, the following must have occurred: a "protected animal" must have been placed with another animal in an environment where the ability of both to escape is restricted and controlled by some person or persons connected with that activity or by some artificial restraint. ‘Placed with’ is to be construed as a ‘matter of normal language.’ | Case | ||
| RI - Spay/Neuter - Chapter 19. Animal Care. § 4-19-18. Penalties for violations | Gen.Laws 1956, § 4-19-18 | RI ST § 4-19-18 | This Rhode Island statute provides that violations of Sec. 4-19-16, relating to the mandatory spay/neuter agreement from a licensed releasing agency. Violations of the written agreement executed pursuant to § 4-19-16 by an adopting party are punishable by a fine of fifty dollars ($50.00) for the first offense, one hundred fifty dollars ($150) for the second offense and four hundred dollars ($400) for the third and subsequent offenses. Second and subsequent offenses may constitute grounds for seizure and forfeiture of the dog or cat. | Statute | |
| NC - Exotic pets - Chapter 153A. Counties. | N.C.G.S.A. § 153A-131; N.C.G.S.A. § 160A-187 | NC ST § 153A-131; NC ST § 160A-187 | These two North Carolina statutes provide that a city or county may by ordinance regulate, restrict, or prohibit the possession or harboring of animals which are dangerous to persons or property. | Statute | |
| Flikshtein v. City of New York | 273 A.D.2d 439 (N.Y. 2000) | 710 N.Y.S.2d 112 |
The New York appellate court held that the dangerousness or viciousness of plaintiff’s pet monkey was irrelevant, and that the city could remove the monkey regardless of its benevolent behavior. |
Case | |
| State ex rel. Miller v. Claiborne | 505 P.2d 732 (Kan. 1973) |
The Kansas Attorney General had advised the cockfighter that cockfighting was illegal in Kansas under the provisions of § 21-4310 (Supp. 1972). The gamecock fighter believed the Attorney General was wrong and advised a county attorney that he intended to fight gamecocks on his farm so the State then sought a declaratory judgment. On appeal, the court found that cockfighting did not fall within the prohibition of § 21-4310 as constituting cruelty to animals, as Kansas statutes proscribing cruelty to animals had traditionally been directed toward protection of the four-legged animal, especially beasts of the field and beasts of burden. |
Case |