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Title Citation Alternate Citation Agency Citation Summary Type
Sickel v. State 363 P.3d 115 (Alaska Ct. App. 2015) 2015 WL 7873714 (Alaska Ct. App., 2015) Defendant was convicted of cruelty to animals under AS 11.61.140(a) after one of her horses was found starving, without shelter, and frozen to the ground (it later had to be euthanized). On appeal, defendant claims that she did not act with the requisite "criminal negligence" under the statute unless she had a duty of care to prevent the specified harm. The court noted that while the statute does not specify the exact nature of this duty to care for particular animals, common law fills the gap. In looking to similar laws and cases from other states, the court found that AS 11.61.140(a)(2) applies only to people who have assumed responsibility for the care of an animal, either as an owner or otherwise. The jury instructions taken as a whole and the prosecutor's argument and rebuttal demonstrated that Sickel assumed the duty of care with regard to the horses and was the person tending the horses in the last three days before the now-deceased horse collapsed. The judgment of the district court was affirmed. Case
Conservancy v. USFWS 677 F.3d 1073 (C.A.11 (Fla.)) 2012 WL 1319857 (C.A.11 (Fla.))

In this case, many environmental advocacy groups petitioned the U.S. Fish and Wildlife Service to designate critical habitat for a species, the Florida panther, which was listed as endangered under the Endangered Species Act (ESA) in 1967. The petition was denied. Claiming the agency's action was arbitrary and capricious under the Administrative Procedure Act, the groups filed a citizens suit under the ESA in district court. At district, the group's complaints were dismissed and the groups subsequently lost on appeal.

Case
IN - Health - Article 17. Animal Health and Animal Products. Chapter 18. Crimes and Infractions I.C. 15-17-18-1 - 13 IN ST 15-17-18-1 - 13 This set of Indiana laws covers diseased livestock and the sale of domestic animals. It also provides that a person responsible for livestock or poultry who knowingly or intentionally permits the livestock or poultry to run at large commits a Class B misdemeanor. Another provision states that a person may not import to or export from Indiana for the purpose of sale any dog under the age of eight (8) weeks unless the dog is transported with its dam. Statute
CO - Domestic Violence - Animals and Domestic Violence; Definition. C. R. S. A. § 18-6-800.3; C.R.S.A. § 13-14-101, 103 CO ST § 18-6-800.3; CO ST § 13-14-101, 103 This statute includes within the definition of "domestic violence" any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a person, or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship. Under Article 14 on Civil Protection Orders, the phrase "protection order” means any order that prohibits the restrained person from contacting, harassing, injuring, intimidating, molesting, threatening, touching, stalking, or sexually assaulting or abusing any protected person or from entering or remaining on premises, or from coming within a specified distance of a protected person or premises, or from taking, transferring, concealing, harming, disposing of or threatening harm to an animal owned, possessed, leased, kept, or held by a protected person, or any other provision to protect the protected person from imminent danger to life or health. Statute
OR - Initiatives - Measure 100, Save Endangered Animals (2016) Measure 100 (2016) Official Summary: Existing Oregon law does not prohibit sale of wildlife parts/products for non native species, except shark fins. Existing federal law does not prohibit intrastate sales of wildlife parts, with exceptions. Measure amends ORS 498.022 to prohibit purchase, sale, or possession with intent to sell of parts/products from elephant, rhinoceros, whale, tiger, lion, leopard, cheetah, jaguar, pangolin, sea turtle, shark, ray. Imposes civil penalties. Creates exceptions: law enforcement activities; activities authorized by federal law; fish managed under federal plan; certain antiques (over l00 years old) and musical instruments with less than 200 grams of parts; noncommercial transfers through estates, trusts, gifts; possession by tribal members. Other exceptions. Fish and Wildlife Commission may adopt rules, including prohibiting purchase/sale of parts "closely" resembling listed species parts. A "Yes" vote prohibits purchase/sale of parts/products from certain wildlife species; exceptions for specified activities, gift/inheritances, and certain antiques/musical instruments; civil penalties. A "No" vote maintains current Oregon law which does not prohibit purchase or sale of parts or products from species not native to Oregon, except for shark fins. Statute
Maps of States that have Laws to Protect Animals in Parked Cars

Thirty-one (31) states and the District of Columbia have laws that concern companion animals left unattended in parked vehicles under dangerous conditions as of 2023. In some states, leaving an animal in an unattended vehicle under dangerous conditions is a crime. Many states also give immunity to law enforcement or other first responders who forcibly enter vehicles to rescue animals. Recently, several states (AZ, CA, CO, CT, DE, FL, IN, KS, LA, MA, OH, OR, TN, VT, and WI) enacted laws giving civil immunity to any individuals who break-in to vehicles to remove pets (or vulnerable persons like children or incapacitated individuals) in imminent danger, provided they meet other conditions under these laws. To view these laws, click on the teal states. For more detailed information on these laws, please visit our comparative table on the topic.

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GA - Cruelty - Chapter 11. Animal Protection Ga. Code Ann., § 4-11-1 to 18 GA ST § 4-11-1 to 4-11-18 The Georgia Animal Protection Act was passed in 2000 and provides for jail up to one year for general cruelty convictions and up to five years for an aggravated cruelty conviction. The judge is also allowed to order psychological counseling. The law also encompasses licensing provisions for kennels and impoundment provisions. Statute
CA - Sharks - § 2021. Shark fins; unlawful possession, sale, offer for sale, trading, or distribution; exceptions West's Ann.Cal.Fish & G.Code §§ 2021, 2021.5 CA FISH & G § 2021, 2021.5 Under these California statutes, it is unlawful to possess, sell, offer for sale, trade, or distribute a shark fin. However, there are exceptions for people who have a license or permit. In addition, people and restaurants who have a shark fin as of January 1, 2012 may possess it until January 1, 2013. Statute
IA - Breeders - Chapter 67 Animal Welfare Iowa Admin. Code 21-67.1(162) - 17 IA ADC 21-67.1 to 17 The following Iowa regulations provide provisions that pet stores, kennels, pounds, and other animal housing facilities must follow in order to handle, transport, and care for animals. These regulations provide specific instructions for dog day cares and for breeding greyhound dogs. Administrative
Britton v. Bruin Not Reported in P.3d, 2016 WL 1019213 (N.M. Ct. App., 2016) 2016 WL 1019213 (N.M. Ct. App. Feb. 22, 2016) In this case, plaintiff appealed a decision by the district court denying her petition for a writ of mandamus. Plaintiff petitioned the court for a writ of mandamus to stop the City of Albuquerque's effort to control a large population of feral cats in its metropolitan area by “trapping, neutering them, and then returning them” to the location at which they were found. The district court denied the petition for a writ of mandamus because the court held that there was “a plain, speedy and adequate remedy in the ordinary course of the law.” Also, the court held that because the city’s program did not result in any unconstitutional action, the writ of mandamus was not appropriate. The court affirmed the district court’s ruling, looking only at whether or not there was “a plain, speedy and adequate remedy in the ordinary course of the law.” The court did not address the issue of whether or not the city’s population control effort was appropriate and should continue. The district court's order denying Petitioner's application for a writ of mandamus is affirmed. Case

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