Anti-Cruelty

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Titlesort descending Summary
PA - Cruelty - Consolidated Cruelty Statutes This document contains Pennsylvania's anti-cruelty laws that were amended in 2017 and 2018. In 2018, the state added a rescue and immunity provision for dogs and cats in "hot cars." Section 5532 covers neglect of animal and states that a person who has care of animal must provide: (1) necessary sustenance and potable water; (2) access to clean and sanitary shelter and protection from the weather; and (3) necessary veterinary care. Violation is a summary offense unless the violation causes bodily injury or puts the animal in imminent danger of bodily injury (then, it is a misdemeanor of third degree). A person commits cruelty to animals (Sec. 5533) if he or she intentionally, knowingly or recklessly illtreats, overloads, beats, abandons or abuses an animal. Aggravated cruelty is provided by Sec. 5534 and is defined as torture, or neglect or cruelty that causes serious bodily injury or death of an animal. Such conduct is a felony of the third degree. Another section creates legal presumptions with regard to tethering of a dog that relate to the length of time tethered, the type of collar/tether, and even the outside temperature (both low and high temperatures). Section 5539 makes it unlawful to transport an equine animal in or upon a vehicle with two or more levels stacked on top of one another. The state also prohibits the cropping of dogs' ears, debarking of dogs, docking of dogs' tails, performance of surgical births of dogs, and declawing of cats by persons other than veterinary doctors while the animals are anesthetized. Animal fighting is prohibited in the chapter as a felony of the third degree. Other provisions concern selling of dog and cat pelts, live animals as prizes, and harassment of service and police animals. Exemptions under the act include state game/hunting laws, the killing of a dog or cat in accordance with the Animal Destruction Method Authorization Law, the killing of an animal found pursuing domestic animals/fowl, destruction of public nuisance dogs, pest control, "[s]hooting activities not otherwise prohibited under this subchapter," and the authorized use of research animals.
PA - Cruelty - § 5536. Tethering of unattended dog This statute describes specific circumstances under which the tethering of an unattended dog outdoors may create a rebuttable presumption that the dog has been neglected. A dog tethered for less than nine hours in a 24-hour period with potable water, an area of shade, a tether at least three times the length of the dog with a swivel anchor and a well-fitted collar is not presumed to be neglect, unless tethered for more than a half hour in temperatures above 90 degrees or below 32 degrees. The statute is effective as of August 2017.
PA - Immunity - § 8331.1. Veterinary good Samaritan civil immunity In Pennsylvania, any licensed veterinarian who, in good faith, renders emergency care to any animal which such individual has discovered at the scene of an accident or emergency situation is not be liable for any civil damages as a result of any acts or omissions by such person in rendering the emergency care. This immunity does not, however, apply to acts or omissions intentionally designed to cause harm, or any grossly negligent acts or omissions that cause harm to the animal. It also does not apply where the owner of the animal is present and can be consulted as to the proposed action by the veterinarian.
Pearson v Janlin Circuses Pty Ltd


The defendant deprived an elephant in a circus of contact with other elephants for years. On a particular day, the defendant authorised three other elephants to be kept in the proximity of the elephant for a number of hours. It was claimed that this act constituted an act of cruelty as it caused distress to the elephant. On appeal, it was determined that mens rea was not an element of a cruelty offence under the statute.
Peck v. Dunn


Subsequent to the game cockfighter's conviction for cruelty to animals, she sought a declaratory judgment that the ordinance was unconstitutional on the grounds: (1) that it was vague and uncertain in that innocent conduct of merely being a spectator could be included within its language; and (2) that presence at such a cockfight was proscribed, without requiring a culpable mental state. On review the court held that the board, in the exercise of its police power, had both the prerogative and the responsibility of enacting laws which would promote and conserve the good order, safety, health, morals and general welfare of society. The courts should defer to the legislative prerogative and should presume such enactments were valid and should not strike down legislation unless it clearly and persuasively appeared that the act was in conflict with a constitutional provision.
Penal Code, 1991, Peru Peru's Criminal Code includes provisions protecting animals based on property rights, the right to a healthy environment, and public health. Animal cruelty is regulated under crimes against property in chapter IX “damages,” in articles 205-207. Crimes against wildlife are regulated more extensively in Title XIII, “Environmental Crimes.” Articles 304–314. Other articles punishing action that directly or indirectly affect animals include Article 207 "Production or sale of spoiled food for animals;" Article 293 "Sale of animals unsafe for consumption; Article 447 "Entry of animals onto someone else's property." Finally, Chapter II-A, articles 189-A - 189-C regulate cattle rustling.
Pennsylvania Law of Session of 1860: Cruelty to Animals Section 46 of Pennsylvania Session Law from 1860 covers cruelty to animals. The section describes what is cruelty to animal and the punishment for it.
Pennsylvania Statute Law 1920: Article 14: Criminal Law Pennsylvania laws concerning the criminal punishment for cruelty to animals from 1921. The laws cover such topics as transportation of an animal to the powers of an agent from any anti-Cruelty society.
Pennsylvania Statute Laws 1920: Article 16: Agriculture Laws Pennsylvania laws concerning the treatment of animals in agriculture. The laws cover such topics as maiming and disfiguring animals to the transportation of an animal.
People of the State of New York v. Mary Dawn Sitors This action is an appeal from dismissal of criminal charges against a woman accused of acts of cruelty on her horses. The Town Court dismissed the criminal charges, finding that since the Catskill Animal Sanctuary's petition seeking the posting of security to care for the horses was dismissed (which had a lower standard of proof than in a criminal action), this necessarily meant it would be impossible to obtain a criminal conviction under the higher standard. Essentially, the Town Court's decision reflected a determination that one cannot violate New York's state cruelty law unless the animal dies due to lack of sustenance or care. The County Court found this reasoning erroneous; a violation under the law occurs when one fails to provide necessary sustenance, not only those acts or omissions that result in an animal's death. The criminal actions were thus, reinstated against defendant.

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