Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| KY - Trade - Buying and selling protected wildlife | KRS § 150.180; 150.390; 150.990 | KY ST § 150.180; 150.390; 150.990 | These statutes relate to trade in wildlife. The first statute prohibits the trade in protected wildlife. The next law prohibits the hunting of bears. Finally, the Kentucky statute providing punishment for violation of aforementioned statutes is provided. | Statute | |
| Com. v. Hackenberger | 836 A.2d 2 (Pa.2003) | 575 Pa. 197 (2003) |
Defendant was convicted and sentenced to 6 months to 2 years jail following a jury trial in the Court of Common Pleas of cruelty to animals resulting from his shooting of a loose dog more than five times. On appeal, appellant contends that the use of a deadly weapon sentencing enhancement provision does not apply to a conviction for cruelty to animals since the purpose is to punish only those offenses where the defendant has used a deadly weapon against
persons.
The Commonwealth countered that the purpose behind the provision is immaterial because the plain language applies to any offense where the defendant has used a deadly weapon to
commit the crime, save for those listed crimes where possession is an element of the offense. This Court agreed with the Commonwealth and held that the trial court was not prohibited from applying the deadly weapon sentencing enhancement to defendant's conviction for cruelty to animals.
|
Case | |
| Citizens for Balanced Use v. Maurier | 303 P.3d 794 (Mont. 2013) | 2013 MT 166, 2013 MT 166, 370 Mont. 410, 2013 WL 3053594 |
Upon the Montana Department of Fish, Wildlife, and Parks’s decision to relocate a brucellosis-free herd of bison out of Yellowstone National Park and into tribal lands, plaintiffs sought an injunction to halt this movement until the department complied with MCA § 87-1-216. The District Court granted the plaintiffs a preliminary injunction. Upon appeal by defendants and defendant intervenors, however, the Supreme Court of Montana held that MCA § 87-1-216 did not apply and that the District Court relied on erroneous grounds for issuing a preliminary injunction under MCA § 27-19-201(2). The case was therefore reversed, the preliminary injunction vacated and the case was remanded back to the District Court.
|
Case | |
| How to Update Statutes |
|
Basic page | |||
| People v. Harris | --- P.3d ---- 2016 WL 6518566 (Colo.App.,2016) | 2016 COA 159 (Colo.App.,2016) | Harris was convicted for twenty-two counts of cruelty to animals after dozens of malnourished animals were found on her property by employees of the Humane Society. On appeal, Harris raised two main issues: (1) that the animal protection agent who was an employee of the Humane Society was not authorized to obtain a search warrant to investigate her property and (2) that the mistreatment of the twenty-two animals constituted one continuous course of conduct and that the lower court violated her rights under the Double Jeopardy Clause by entering a judgment on twenty-two counts of animal cruelty. The Court of Appeals reviewed the issue of whether the animal protection agent had the authority to obtain a search warrant to investigate the property and determined that the agent did not have the proper authority. The Court looked to the state statute that specifically stated that only “state employees” were able to investigate livestock cases. In this case, the animal protection agent was employed by the Humane Society and was not a state employee; therefore, he did not have the authority to obtain a search warrant to investigate the property. However, the Court found that there was no constitutional violation with regard to the search warrant because it was still obtained based on probable cause. For this reason, the Court denied Harris’ request to suppress evidence that was submitted as a result of the search warrant. Finally, the Court reviewed Harris’ argument regarding her rights under the Double Jeopardy Clause. The Court found that under the statute dealing with animal cruelty, the phrases “any animal” and “an animal” suggests that a person commits a separate offense for each animal that is mistreated. Essentially, the Court held that the language of the statute “demonstrates that the legislature perceived animal cruelty not as an offense against property but as an offense against the individual animal.” As a result, Harris’ rights under the Double Jeopardy Clause were not violated and the Court upheld the lower court’s decision. | Case | |
| MI - Cruelty - Chapter 750. Michigan Penal Code. | M. C. L. A. 750.51 | MI ST 750.51 | This Michigan law provides that no railroad company shall permit the confinement of animals in railroad cars for longer than 36 consecutive hours without unloading for rest, water, and feeding of at least 5 consecutive hours unless prevented by a storm, or other "accidental causes." Any company, owner or custodian of such animals, who does not comply with the provisions of this section, can be fined between $100 and $500 for each and every such offense. However, when animals are carried in cars where they have proper food, water, space and opportunity for rest, the provisions of this section that require unloading do not apply. | Statute | |
| HI - Endangered Species - Chapter 195D. Conservation of Aquatic Life, Wildlife, and Land Plants | H R S § 195D-1 - 32 | HI ST § 195D-1 to 32 | Hawaii endangered species law prohibits any taking, transport or commerce in designated species. It further outlines conservation programs that mandate continued research on listed species. Broad arrest and search and seizure provisions are given to law enforcement officials to enforce these acts. Violation of the regulations result in a misdemeanor conviction with both criminal fines and administrative fines that graduate for subsequent convictions. | Statute | |
| Bailey v. Veitch | 814 N.Y.S.2d 459 (N.Y.A.D. 4 Dept.,2006) | 2006 N.Y. Slip Op. 03192 |
In this New York memorandum opinion, the Supreme Court, Appellate Division, held that fact issues remained as to whether injuries sustained by child were caused by dog, and whether defendants knew or should have known of dog's vicious propensities. At the time of the alleged bite, the four-year-old child was alone in a room with the dog and sustained a gaping laceration on her nose and multiple puncture wounds on her face. The court also determined there was an issue of fact as to whether the dog previously displayed vicious tendencies where the dog bit its owner's grandson on the hand two weeks prior to the instant incident. |
Case | |
| Smegal v. Gettys | 48 So.3d 431 (La.App. 1 Cir., 2010) | 2010 WL 4272594 (La.App. 1 Cir.) |
Plaintiff Steven Smegal appeals a judgment that found him 50% at fault in a dog bite case. The incident occurred after the dog owned by Smegal's neighbor (Gettys) ran into the street and was hit by a school bus. Smegal approached the injured dog too closely and was bitten on his ankle. The Court of Appeal, First Circuit affirmed the lower court's finding. The court held that Smegal's actions did not constitute provocation where the dog's owners were also approaching the injured dog in an "equally provocative" manner. As to allocation of fault, the court found that while it was Gettys' failure to restrain the dog that was the ultimate cause of the accident, Smegal chose to approach the injured dog despite his training and knowledge as a police officer. Thus, this set of facts supported the trial court's allocation of comparative fault. |
Case | |
| FL - Rehabilitation, wildlife - 68A-9.006. Wildlife Rehabilitation Permit. | 68 FL ADC 68A-9.006 | Rule 68A-9.006, F.A.C. | This Florida regulation sets forth the requirements to obtain a permit for wildlife rehabilitation. | Administrative |