Anti-Cruelty

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Titlesort descending Summary
Mouton v. State


Defendant was convicted of cruelty to an animal, and sentenced to one year in jail, based upon witness testimony and photographs depicting several dogs in varying states of distress.

 

On appeal, the Court of Appeals of Texas, Texarkana, found that the trial court did not err in denying Defendant’s motions for a directed verdict or for a new trial to the extent that both motions challenged evidentiary sufficiency, and that ineffective assistance of counsel had not been shown, because the Court could imagine strategic reasons on Defendant’s counsel’s part for not calling a particular witness to testify on Defendant’s behalf, and for allowing Defendant to testify in narrative form during the punishment phase.

 

MS - Cruelty - Consolidated Cruelty Statutes This section constitutes Mississippi's anti-cruelty and animal fighting provisions, which were recently amended in 2011. The pertinent anti-cruelty law, Sec. 97-41-1, states that any person who intentionally or with criminal negligence overrides, overdrives, overloads, tortures, torments, unjustifiably injures, deprives of necessary sustenance, food, or drink, cruelly beats, or needlessly mutilates any living creature is guilty of a misdemeanor. The cat and dog cruelty provision, 97-41-16, was significantly amended in 2011. This section, known as the "Mississippi Dog and Cat Pet Protection Law of 2011," makes it a misdemeanor to intentionally or with criminal negligence wound, deprive of adequate food, water, or shelter, or carry or confine in a cruel manner, any domesticated cat or dog. Aggravated cruelty occurs when a person with malice intentionally tortures, mutilates, maims, burns, starves or disfigures any domesticated dog or cat.
MT - Cruelty - Consolidated Cruelty Statutes This section comprises Montana's anti-cruelty and dogfighting laws. A person commits the offense of cruelty to animals if he or she knowingly or negligently subjects an animal to mistreatment or neglect; fails to provide an animal in the person's custody with food and water of sufficient quantity or minimum protection for the animal from adverse weather conditions; or, in cases of immediate, obvious, serious illness or injury, fails to provide licensed veterinary or other appropriate medical care. Animal abandonment of a "helpless animal" or abandoning any animal on any highway, railroad, or in any other place where it may suffer is also considered cruelty. A first conviction results in a possible $1,000/1 year imprisonment with graduating penalty enhancements for subsequent convictions. This section does not prohibit a person humanely destroying an animal for just cause or the use of commonly accepted agricultural and livestock practices on livestock (among other things). Section 217 defines aggravated cruelty as either knowingly or purposely killing or inflicting cruelty to an animal with the purpose of terrifying, torturing, or mutilating the animal, or inflicting cruelty to animals on a collection, kennel, or herd of 10 or more animals.
Myanmar - Animal Welfare - Animal Health and Development Law
NC - Cruelty - Consolidated Cruelty Laws (Article 47) This section comprises the relevant North Carolina animal cruelty statutes. The anti-cruelty statute provides that if any person shall maliciously kill, or cause or procure to be killed, any animal by intentional deprivation of necessary sustenance, that person shall be guilty of a Class H felony. If any person shall maliciously torture, mutilate, maim, cruelly beat, disfigure, poison, or kill, or cause or procure to be tortured, mutilated, maimed, cruelly beaten, disfigured, poisoned, or killed any animal, every such offender shall for every such offense be guilty of a Class H felony. This section also makes promoting or conducting a cock fight a misdemeanor and promoting or conducting a dogfight a felony. Other prohibited acts include abandoning an animal, conveying any animal in a cruel manner, and restraining a dog in a cruel manner. This section also includes the civil remedy provisions.
ND - Cruelty - Consolidated Cruelty Laws (Chapter 36-21.1) This North Dakota section comprises the state's anti-cruelty and animal fighting provisions.
ND - Initiatives - Prevention of Animal Cruelty Initiative, Measure 5 This initiated statutory measure would create section 36-21.1-02.1 of the North Dakota Century Code. This measure would make it a class C felony for an individual to maliciously and intentionally harm a living dog, cat or horse and provide a court with certain sentencing options. The measure would not apply to production agriculture, or to lawful activities of hunters and trappers, licensed veterinarians, scientific researchers, or to individuals engaged in lawful defense of life or property. It failed at the polls in 2012 (34.6% yes).
NE - Cruelty - Article 9. Livestock Animal Welfare Act In 2010, Nebraska enacted the Livestock Animal Welfare Act. The act makes the intentional abandonment, neglect, or cruel mistreatment of livestock (bovine, equine, swine, sheep, goats, domesticated cervine animals, ratite birds, or poultry) a Class I misdemeanor (Class IV felony for subsequent offenses). Further, the act criminalizes "indecency with a livestock animal," which is a Class III misdemeanor. A person who is convicted of a Class IV felony under 54-903 (the abandonment/cruel neglect or mistreatment provision) shall also be ordered by the sentencing court not to possess a livestock animal for at least 5 years after the date of conviction.
NE - Cruelty - Consolidated Cruelty Laws (Article 10) This Nebraska statutory section comprises the state's anti-cruelty and animal fighting provisions. The cruelty provision provides that a person who abandons or cruelly neglects an animal is guilty of a Class I misdemeanor. Intentional animal cruelty results in a Class I misdemeanor for the first offense and a Class IV felony for any subsequent offense, unless such cruel mistreatment involves the knowing and intentional torture, repeated beating, or mutilation of the animal where such an act automatically results in a Class IV felony. Animal means any vertebrate member of the animal kingdom, but does not include an uncaptured wild creature (which appears to exclude otherwise heinous, intentional acts to wildlife).
Nebraska Complied Laws 1887: Chapter X: Offenses Related to Domestic Animals Nebraska Compiled Statutes from 1887. The statutes cover cruelty to animals from transportation to negligence in handling.  Also covered is the stealing or interfering with various types of domestic animals.

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