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Detailed Discussion of the Licensing and Regulation of Pet Shops (U.K.) |
Detailed discussion of the Pet Animals Act 1951 which provides for the licensing of pet shops by local authorities, and prohibits the sale of pet animals in public places and from market stalls, and to persons under 12 years of age.
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Detailed Discussion of the Offences of Cruelty to Domestic and Captive Animals (U.K.) |
Detailed discussion of the offences of cruelty to domestic and captive animals. These offences are contained in section 1(1) of the Protection of Animals Act 1911 and section 1 of the Abandonment of Animals Act 1960.
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Dixon v. State |
An owner of a non-profit cat sanctuary, which housed over 200 cats taken care of by one employee, was convicted by a jury of four counts of non-livestock animal cruelty. The trial court placed the owner under community supervision for five years' on each charge, to be served concurrently. In her first issue on appeal, the owner contended the evidence was legally insufficient to support her convictions. Based on evidence that the owner only had one employee to take care of the cats, however, the Texas court of appeals overruled this issue. In her second issue on appeal, the owner contended that the trial court erred by overruling her motion to dismiss the indictments where the State alleged a felony by commission of elements defined as a misdemeanor under the animal cruelty statute. On this issue, the court stated that it was true that the State had to prove that appellant failed to provide food, water, or care to the cats, but it also had to prove death or serious bodily injury to the cat that was committed in a cruel manner, i.e., by causing unjustified or unwarranted pain or suffering. In other words, the failure to provide food, water, or care is the manner and means by which appellant killed the cats, causing them unjustified pain or suffering, which raised the charge from a misdemeanor to a felony. The second issue was therefore affirmed. The appeals court also overruled the owner’s other issues and thereby affirmed the lower court’s ruling. |
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Don't Feed the Animals: Queso's Law and How the Texas Legislature Abandoned Stray Animals, A Comment on H.B. 2328 and the New Tex. Penal Code § 42.092 |
This Comment considers Queso's Law, its amendments to section 42.092 of the Texas Penal Code, and the impact of those amendments on animal cruelty law in Texas. Part II discusses the historical background of animal cruelty laws both in Texas, prior to the 80th Legislature, and elsewhere. Part III discusses animal cruelty law in the wake of Queso's Law, including the elements of the offense as well as constitutional and policy concerns. Part IV proposes a solution to the concerns raised by Queso's Law. Finally, the Comment concludes that the expanded definition of animal created by Queso's Law is too broad and that slightly re-wording the definition to create a “custody carve-out” would better protect the interests of feral animals.
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Duncan v. State |
A complaint regarding the welfare of horses led to the defendant being convicted of 6 charges of animal cruelty, all of which were class A misdemeanors. Upon appeal, the defendant argued that he had not knowingly waived his right to a jury trial, that Indiana’s animal cruelty law was unconstitutionally vague and that there was no sufficient evidence to overcome a defense of necessity. The appeals court agreed that the defendant did not knowingly waive his right to a jury trial and therefore reversed and remanded the case on that issue; however, the appeals court disagreed with the defendant on the other issues. The case was affirmed in part, reversed in part, and remanded.
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Dunham v. Kootenai County |
This matter involves the Defendant Kootenai County's motion for summary judgment this federal civil rights case filed by Dunham. The facts underlying the case stem from 2008, when county animal control officers went to Dunham's residence to investigate complaints of possible animal cruelty. During their investigation, Defendants entered Dunham's property to ascertain the condition of the horses residing there in a round-pen. Despite the conditions of the horses which necessitated their removal and relocation to an equine rescue facility, Dunham was ultimately charged and found not guilty of charges of animal cruelty. Dunham claims that Defendants violated her Fourth Amendment rights when they searched her property and seized her horses without a warrant. Defendants counter that the search was constitutional based on the open fields doctrine, and that the seizure was constitutional based on the plain view doctrine. Based on the open fields doctrine, the Court concluded that Dunham did not have an expectation of privacy in the searched area.
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Ecuador - Cruelty - Criminal Code Excerpt |
This excerpt is from the Criminal Code of Ecuador, Chapter 4, crimes against the environment and nature or "Pacha mama." The crimes against animals are outlined in this chapter. More specifically, Section 2, "Crimes of private action against animals that are part of the urban fauna," articles 249-250. Under the current criminal code, causing injury to an animal is punished with confinement in jail for two to six months. If the act involves cruelty or torture, the punishment is six to twelve months of confinement in jail. Sexual conduct with an animal and sexual exploitation of an animal is also punishable. The death of an animal resulting from sexual conduct is considered an aggravating factor punishable with confinement in jail between one to three years. If the animal dies due to circumstances other than sexual behavior on the animal, the punishment is confinement in jail for six months to one year. Finally, If death is the product of cruel acts, confinement will last one to three years. Dog fighting, abandonment of companion animals, and mistreatment are also prohibited. |
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Ecuador - Dog control - Acuerdo Nº 0116 |
This regulation has been in effect since 2009, and it seeks to regulate the responsible ownership of dogs. It focuses on those breeds that are not recommended as pets because they are considered dangerous. This is with the purpose of protecting the health and life of the citizens (Article 1). This regulation establishes the standards of welfare for the keeping of dogs, duties, and obligations of owners and keepers. It regulates the breeding and commercialization of dogs, population control, dogs as companion animals, dangerous dogs, working dogs, and service dogs. |
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EFFECTIVE VOIR DIRE IN ANIMAL CASES |
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El caso del Festival Gastronómico del Gato, 2014 (Peru) |
El Festival de Currunao era una celebración anual que se celebraba en el sur de Lima, Perú. Este festival estaba dedicado a la celebración de Santa Efigenia de Etiopía. Tradicionalmente, este evento incluía prácticas controvertidas, como el consumo de gatos y carreras en las que se les lanzaban fuegos artificiales. En 2013, un grupo de activistas presentó una demanda de amparo solicitando la suspensión inmediata de estas prácticas, argumentando que eran crueles según la antigua ley peruana contra la crueldad animal, No. 2725. Además, argumentaron que los animales son seres sintientes, capaces de experimentar dolor y sufrimiento. Ese mismo año, el Juez Civil de Cañete emitió una medida cautelar, suspendiendo dichas actividades. En 2014, la Corte Superior de Justicia de Cañete prohibió permanentemente estas prácticas, concluyendo que violaban el derecho a un ambiente equilibrado y saludable, fomentaban la violencia y representaban graves riesgos para la salud pública y el bienestar social. |
