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Title Citation Alternate Citation Agency Citation Summary Type
FL - Endangered - Endangered and Threatened Species Act West's F. S. A. § 379.2291 - 2311 FL ST § 379.2291 - 379.2311 (formerly FL ST § 372.072 - 074) These Florida statutes define endangered and threatened species and provide the State's intent to protect these species. Under statute, the intentional killing or wounding of a listed species incurs a third degree felony. Interestingly, the state has a reward program for the arrest and conviction of those who violate state endangered species laws. Statute
OH - Cruelty - Consolidated Cruelty Statutes R.C. § 959.01 - 959.99 OH ST § 959.01 - 959.99 These statutes comprise Ohio's anti-animal cruelty and animal fighting provisions. Included in the prohibited acts are abandoning domestic animals, willfully injuring or poisoning domestic or agricultural animals, drugging animals in competition, and "cruel" acts to both wild and domestic animals as defined by statute. The section also prohibits dogfighting and cockfighting. Statute
People v. Johnson 305 N.W.2d 560 (Mich. 1981) 104 Mich. App. 629 (Mich. 1981)

Defendant claimed the evidence was insufficient to support his conviction of cruelty to animals, arguing that there was not proof that the horses were under his charge or custody.  While the court agreed and reversed his conviction because he could not be convicted under the statute merely as the owner of the horses, absent proof of his care or custody of the horses, it further explained that the "owner or otherwise" statutory language was designed to punish cruelty to animals without regard to ownership.

Case
MI - Cruelty - Consolidated Cruelty Statutes (MCL 750.49 - 70) M. C. L. A. 750.49 - 70a; M.C.L.A. 750.158 MI ST 750.49 - 70a; 750.158 The Michigan Legislature has designed three primary provisions related to cruelty to animals: intentional infliction of pain and suffering, duty to provide care, and anti-animal fighting. The intentional infliction of pain and suffering provision carries the most severe penalties for animal cruelty and a violation is automatically a felony. A violation of the duty to provide care provision is initially a misdemeanor, which becomes a felony for a second or subsequent violation. A violation of the anti-animal fighting provision is either a misdemeanor or a felony, depending on the severity of conduct related to fighting. The provision does not apply to the lawful killing of livestock or customary animal husbandry of livestock, or lawful fishing, hunting, trapping, wildlife control, pest or rodent control, and animal research. Statute
Animal Legal Defense Fund v. Reynolds 297 F.Supp.3d 901 (S.D. Iowa Feb. 27, 2018) 2018 WL 1151000 (S.D. Iowa Feb. 27, 2018) In 2012, Iowa passed a statute (Iowa code § 717A.3A) that criminalized gaining access to agricultural facilities under false pretenses and making a false representation on a job application for those facilities. Plaintiffs in this case (animal rights groups including the Animal Legal Defense Fund and PETA) brought suit alleging that the statute was unconstitutional and sought to enjoin the Defendants (governor of Iowa) from enforcing it. Their complaint alleged that the statute violates the First Amendment as discrimination on the basis of content, the Equal Protection Clause of the Fourteenth Amendment by targeting animals rights groups, and violates the Due Process Clause of the Fourteenth Amendment by burdening the freedom of speech. This case decides the Defendants’ motion to dismiss the Plaintiffs’ complaint based on lack of standing and failure to state a claim because the outlawed conduct is not protected by the First Amendment as false statements and is rationally related to the legitimate government interest of protecting private property, thereby not violating the Fourteenth Amendment. The court denies Defendants' motion with respect to the First Amendment, concluding that Plaintiffs have plausibly alleged the intent to suppress their message because of their viewpoint. However, the court grants the motion to dismiss for the claim of a Fourteenth Amendment violation because the statute in fact serves a legitimate government purpose in protecting private property. Case
HI - Wildlife - Chapter 124. Indigenous Wildlife, Endangered and Threatened Wildlife, and Introduced Wild Birds Haw. Admin. Rules (HAR) § 13-124-1 to § 13-124-13 HI ADC § 13-124-1 to § 13-124-13 The purpose of this chapter is to conserve, manage, protect, and enhance indigenous wildlife; and manage introduced wild birds. Administrative
IN - Hunting - Chapter 37. Harassment of Hunters, Trappers, and Fishermen I.C. 14-22-37-1 to 14-22-37-3 IN ST 14-22-37-1 to 14-22-37-3 This section reflects Indiana's hunter harassment law. A person who knowingly or intentionally interferes with the legal taking of a game animal by another person with intent to prevent the taking commits a Class C misdemeanor. A person who fails to obey the order of a law enforcement officer to desist from conduct in violation of section 2 of this chapter commits a Class B misdemeanor if the law enforcement officer (1) observed the person or (2) has reasonable grounds to believe that the person has engaged in the conduct that day or intends to engage in the conduct that day on specific premises. Statute
CO - Equine Activity Liability Statute - Article 21. Damages. C. R. S. A. § 13-21-119 CO ST § 13-21-119 This Colorado statute embodies the intent of the general assembly to encourage equine activities and llama activities by limiting the civil liability of those involved in such activities. This section also contains specific provisions related to llama activities. Liability is not limited by this statute where the equine or llama sponsor provided faulty equipment or tack, failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the activity, owned or otherwise possessed the land upon which an injury occurred where there was a known latent condition, or if he or she commits an act or omission that constitutes willful or wanton disregard for the safety of the participant or intentionally injures the participant. Statute
NE - Livestock - Article 23. Domesticated Cervine Animal Act Neb. Rev. St. § 54-2301 to 54- 2324 NE ST § 54-2301 to 54- 2324 This set of laws comprises Nebraska's Domesticated Cervine Animal Act. Under the act, it is unlawful for any person to own, possess, buy, sell, or barter any domesticated cervine animal in this state unless such animal is individually identified and kept at a premises for which a domesticated cervine animal facility permit has been issued by the department. A municipal, state, or federal zoo, park, refuge, or wildlife area, a bona fide circus or animal exhibit, or any private, nonprofit zoological society is not required to obtain a permit in order to own, possess, buy, sell, or barter a domesticated cervine animal, but such facilities are still governed by the provisions of the act regarding the testing, control, and eradication of cervidae diseases including chronic wasting disease. Statute
Jankoski v. Preiser Animal Hospital, Ltd. 510 N.E.2d 1084 (Ill. App. Ct. 1987).

Plaintiff dog owners sought review of an order of the Circuit Court of Cook County (Illinois), which dismissed their complaint against defendants, animal hospital and veterinarians, with prejudice. The trial court held that plaintiffs' complaint to recover damages for the loss of companionship they experienced as a result of the death of their dog failed to state a cause of action. The court affirmed the order of the trial court that dismissed the complaint filed by plaintiff dog owners against defendants, animal hospital and veterinarians. The court held that the law did not permit a dog owner to recover for the loss of companionship of a dog.

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