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Title Citation Alternate Citation Summary Type
NV - Horses, wild - 504.490. Unlawful acts; penalty N.R.S. 504.490 NV ST 504.490 This Nevada law prohibits any unauthorized person from doing certain acts with regard to wild horses such as removing them from public lands, harassing wild horses, or using aircraft or a motor vehicle to hunt wild horses (among other listed actions). Violation is a gross misdemeanor. A person who willfully and maliciously kills a wild horse is guilty of a category C felony. Statute
State v. Gerberding 767 S.E.2d 334 (N.C. Ct. App. 2014) 2014 WL 6907352 (N.C. Ct. App. 2014) After stabbing and slicing a dog to death, defendant was indicted for felonious cruelty to animals and conspiracy to commit felonious cruelty to animals. She was tried and found guilty of both counts before a jury. The trial court sentenced defendant to a term of 5 to 15 months for the felonious cruelty to animal conviction, and 4 to 14 months for the conspiracy conviction with both sentences suspended for a term of 18 months probation. Defendant appealed on the basis that the trial court erred on its instructions to the jury. After careful consideration, the North Carolina Court of Appeals held that the trial court properly instructed the jury according to the North Carolina pattern jury instructions. Further, the trial court responded appropriately to the question posed by the jury regarding the jury instructions. Accordingly, the appeals court held that the defendant received a fair, error-free trial. Judge Ervin concurs in part and concurs in result in part by separate opinion. Case
CT - Vehicle - § 14-272b. Transport of dogs in pick-up trucks. Restrictions C. G. S. A. § 14-272b CT ST § 14-272b This Connecticut law prohibits any person from transporting a dog in the open bed of a pick-up truck unless the dog is secured in a cage or other container to prevent it from jumping out of the truck. Statute
UK - Cruelty - Protection of Animals Act 1911 1911 Ch 27

For historical purposes only. Law has been repealed and/or replaced. The main piece of anti-cruelty legislation applicable to England and Wales. The law was replaced by the 2006 Amendments to this Act.

Statute
Bartlett v. State 929 So.2d 1125, (Fla.App. 4 Dist.,2006) 2006 WL 1409122 (Fla.App. 4 Dist.,2006), 31 Fla. L. Weekly D1449

In this Florida case, the court held that the evidence was sufficient to support a conviction for felony cruelty to animals after the defendant shot an opossum "countless" times with a BB gun after the animal had left defendant's home. As a result, the animal had to be euthanized. The court wrote separately to observe that the felony cruelty section (828.12) as written creates a potential tension between conduct criminalized by the statute and the lawful pursuit of hunting. The commission of an act that causes a "cruel death" in Section 828.12 applies to even the unintended consequence of a lawful act like hunting.

Case
Moser v. Pennsylvania Soc. for Prevention of Cruelty to Animals Slip Copy, 2012 WL 4932046 (E.D. Penn.)

After the defendants confiscated mare without a warrant and required that the plaintiff surrender another mare and a few other animals in order to avoid prosecution, the plaintiffs sued the defendants for violating the U.S. Constitution, the U.S. Civil Rights Act and Pennsylvania statutory and common law. However, the plaintiffs lost when the district court granted the defendants motion for summary judgment on all counts.

Case
Indiana v. Massachusetts 202 L. Ed. 2d 564, 139 S. Ct. 859 (2019) 139 S.Ct. 859 (Mem) (U.S.,2019) A coalition of multiple states filed a lawsuit against Massachusetts in the U.S. Supreme Court. Thirteen states, Indiana, Alabama, Arkansas, Louisiana, Missouri, Nebraska, North Dakota, Oklahoma, South Carolina, Texas, Utah, West Virginia, and Wisconsin, filed suit against the state of Massachusetts in response to the animal welfare laws created by Massachusetts Question 3. The states claimed to have direct standing to challenge the Massachusetts law because state agencies and instrumentalities own and operate farms that are subject to the Massachusetts law and wish to continue to sell products to other states, including Massachusetts. The states also claimed parens patriae standing on behalf of farmers and consumers within their borders that would be affected by the Massachusetts law. The plaintiff states filed suit in the U.S. Supreme Court requesting that the Court declare the Massachusetts law unconstitutional. The Court denied the motion for leave to file a bill of complaint because hearing the case would not be an appropriate use of the Court’s original jurisdiction. The Court stated that, in order to resolve plaintiff’s challenge and address the issues of standing and the merits of the case, the Court would need to resolve complex factual disputes. The Court reasoned that such disputes are better suited to resolution in federal district court, not the U.S. Supreme Court. Case
Derecho Animal Volume 12 Núm 2

Vol. 12 Núm. 2 (2021)

 

Tabla de contenidos

número de página

Editorial

 

Estatuto jurídico de los animales en el Código civil.

 Policy
IL - Exotic pets - Act 68. Herptiles-Herps Act 510 ILCS 68/1-1 to 510 ILCS 68/110–5 IL ST CH 510 § 68/1-1 to IL ST CH 510 § 68/110–5 Under the Herptiles-Herps Act reptiles and amphibians are exempt from the definition of “aquatic life” under the Fish and Aquatic Life Code. All rules and enforcement actions under the Illinois Conservation Law and the dangerous animals statutes related to reptiles and amphibians are now covered exclusively by this Act. Statute
CA - Reptiles & Amphibians - Division 5. Protected Reptiles and Amphibians West's Ann. Cal. Fish & G. Code § 5000 - 5062 CA FISH & G § 5000 - 5062 These sections are the California statutes that specifically protect certain reptiles and amphibians. The sections enumerate the protected species and strictly prohibit taking and possession, with a narrow exception that may be granted by permit to an educational or scientific institution or a public zoological garden. Statute

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