Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| IL - Service Animal - Chapter 740. Civil Liabilities. | 740 I.L.C.S. 13/1 - 10 | IL ST CH 740 § 13/1 - 10 | Under this Illinois statute, a physically impaired person may bring an action for both economic and noneconomic damages against a person who steals, injures, or attacks his or her assistance animal with hazardous chemicals (provided he or she reasonably knew the guide dog was present and the chemical was hazardous). The economic damages recoverable include veterinary medical expenses, replacement costs, and temporary replacement assistance (provided by person or animal). No cause of action lies where the physically impaired person was committing a civil or criminal trespass at the time of the attack or theft. | Statute | |
| NV - Exotic Wildlife - NAC 504.471 Restrictions on shipment, transportation and exportation of wildlife | NV ADC 504.471 | NAC 504.471 | This administrative provision restricts the shipment, transportation and exportation of wildlife subject to limited exceptions. | Administrative | |
| CO - Wildlife, nongame - Wildlife; Illegal Possession | C. R. S. A. § 33-6-109 | CO ST § 33-6-109 | Colorado law prohibits the taking, hunting, or possession of animals deemed property of the state or wildlife taken in violation of state, federal, or non-U.S. law (including bald and golden eagles), resulting in a misdemeanor with up to one year in jail and fines. Further, there is an additional penalty for the taking of "big game" species. It is also illegal to have in one's possession any nonnative or exotic species. | Statute | |
| Macho v. Mahowald | 374 N.W.2d 312 (Minn.App.,1985) |
In this Minnesota case, a rider brought an action for personal injuries suffered after the defendant-owner's horse bolted while the rider was mounting the horse. The lower court entered judgment notwithstanding the verdict for the owner. The rider appealed. The Court of Appeals held that evidence showing that the horse had previously bolted was sufficient to create an issue for the jury as to whether the horse had a propensity to be dangerous. Further, with regard to whether the owner was negligent in allowing the rider to mount without properly adjusting the saddle equipment, the court found that the jury could have properly found both parties were negligent in failing to adjust the stirrups. |
Case | ||
| U.S. v. Rioseco | 845 F.2d 299 (11th Cir. 1988) |
After defendant was found fishing in the Cay Sal Bank area of the Bahamas, Coast Guard officers informed appellant that possession of a Bahamian fishing license was necessary to fish in those waters and that failure to possess such a license would render such fishing a contravention of the United States Lacey Act. On appeal, defendant contended that the Lacey Act is unconstitutional in that it incorporates foreign law, thereby delegating legislative power to foreign governments. The court found that the Lacey Act which prohibited the possession or importation of fish and wildlife taken in violation of foreign laws, was not an improper delegation of legislative power simply by its reference to foreign law. |
Case | ||
| Ecuador - Animal rights - Civil Code | CÓDIGO CIVIL | Even though the constitution has indirectly granted animals rights as they are part of nature, they continue to be categorized as movable objects by the civil code. However, the most recent reform to the civil code is from 2005, meaning the current civil code still needs to be updated to comply with the 2008 constitution and subsequent constitutional court decisions. Article 585 defines movable objects as those that can be transported from one place to another, either by their force, like animals (which is why they are called “semovientes”), or by an external force, like inanimate things. Article 639 states that “domestic animals are subject to domain” (or complete ownership). It is important to note that the bill for animal welfare is currently in the hands of the National Assembly. Changing the categorization of animals in the civil code to “sentient beings” is one of the many topics regulated by this bill. | Statute | ||
| Amos v. State | 478 S.W.3d 764 (Tex. App. 2015), petition for discretionary review refused (Nov. 18, 2015) | 2015 WL 4043302 (Tex. App., 2015) | A jury found appellant guilty of the offense of cruelty to a nonlivestock animal after he beat a Shih Tzu to death with a broom. After finding an enhancement paragraph true, the jury assessed Appellant's punishment at thirty-one months’ confinement. Appellant asserted five issues on this appeal: (1) the admission of a State's witness's recorded statement to the police, which the court overruled because the evidence was received without objection; (2) the denial of his motion to quash the indictment for failing to allege an offense, which the court overruled because the indictment tracked the statutory language; (3) the denial of six of his challenges for cause, which the court overruled because the venire members gave the defense counsel contradictory answers meaning the trial court could not abuse its discretion in refusing to excuse a juror; (4) the denial of his objection to the charge, which the court overruled because the jury charge tracked the statute’s language; and (5) the denial of his motion to suppress the dog’s necropsy, which the court overruled because the appellant had no intention of reclaiming the dog's body or her ashes and thereby relinquished his interest in them such that he could no longer retain a reasonable expectation of privacy and lacked standing to contest the reasonableness of any search. The lower court’s decision was therefore affirmed. | Case | |
| FL - Immunity, Care For Injured Animals - Chapter 768. Negligence | West's F. S. A. § 768.13 | FL ST § 768.13 | This section comprises Florida's Good Samaritan Act. Under the Act, any person, including those licensed to practice veterinary medicine, who gratuitously (without payment) and in good faith renders emergency care or treatment to an injured animal at the scene of an emergency on or adjacent to a roadway shall not be held liable for any civil damages as a result of such care or treatment where the person acts as an ordinary reasonably prudent person would have acted under the same or similar circumstances. | Statute | |
| CA - Hunting - § 3513. Migratory nongame birds; protection | West's Ann. Cal. Fish & G. Code § 3513 | CA FISH & G § 3513 | California law reiterates that it is illegal to take or possess any bird or its parts that is listed under the Migratory Bird Treaty Act, of which the eagle is listed. | Statute | |
| Roose v. State of Indiana | 610 N.E.2d 256 (1993) |
Defendant was charged with criminal mischief and cruelty to an animal after dragging it with his car. The court concluded that, although some of the photos admitted were gruesome, the municipal court validly admitted the photos of the dog that defendant injured into evidence because the photos clearly aided the jury in understanding the nature of those injuries and the veterinarian's testimony as to the medical attention that the dog received. |
Case |