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The Humane Society of the United States, Plaintiff v. Amazon.com, Inc., JOHN DOE d/b/a UNDERGROUND, PITBULL BREEDERS ASSOCIATION |
The Plaintiff The Humane Society of the United States filed this complaint alleging unlawful trade practices pursuant to the Consumer Protection Procedures Act (“CPPA”), D.C. CODE ANN. § 28-3904. This action for statutory penalties and appropriate injunctive relief arises from Defendants’ purposeful marketing, sale, and shipment of graphic dog fighting videos and cockfighting magazines in violation of federal criminal prohibitions and District of Columbia animal welfare laws. The videos and magazines depict and/or describe actual animal cruelty, as well as animal fights staged for the purposes of: (1) producing and selling more copies of the videos for commercial gain; and (2) unlawfully promoting the criminal enterprises of dog fighting and cockfighting. In particular, the magazines contain hundreds of criminal solicitations and feature advertisements for fighting birds, fighting dogs, and other contraband that render them unlawful under the following statutory schemes: federal Animal Welfare Act, 7 U.S.C. § 2132 et seq .; the federal Depiction of Animal Cruelty Statute, 18 U.S.C. § 48; the D.C. Cruelty to Animals Statute, D.C. CODE ANN. §§ 22-1015(a)(1), (a)(5); the federal conspiracy statute, 18 U.S.C. § 371; and the D.C. conspiracy law, D.C. CODE ANN. § 22-1805a(a). |
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State v. Hartrampf |
Defendant appealed a conviction for attempted involvement in animal fighting, arguing that the statutes at issue were unconstitutionally vague. Since the defendant admitted he knowingly was among spectators at farm hosting a cockfighting event, the Court of Appeals held that a person of common intelligence could discern that defendant's conduct constituted a substantial step toward involvement in animal fighting.
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State v. Claiborne |
Animals --
Cruelty to Animals -- Cockfighting -- Gamecocks Not Animals -- No Statutory Prohibition Against Cockfights -- Statute Not Vague.
In an action filed pursuant to K. S. A. 60-1701 in which the state seeks a construction of K. S. A. 1972 Supp. 21-4310 (cruelty to animals) making its provisions applicable to cockfighting, the record is examined and for reasons appearing in the opinion it is
held:
(1) Gamecocks are not animals within the meaning or contemplation of the statute. (2) There is no clear legislative intent that gamecocks be included within the category of animals protected by the statute. (3) The statute does not apply to or prohibit the conducting of cockfights. (4) As construed, the statute is not so vague, indefinite and uncertain as to violate the requirements of due process.
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SD - Cruelty - Consolidated Cruelty Statutes |
These South Dakota statutes comprise the state's anti-cruelty and animal fighting provisions. "Animal," any mammal, bird, reptile, amphibian, or fish, except humans. "Cruelty” means to intentionally, willfully, and maliciously inflict gross physical abuse on an animal that causes prolonged pain, that causes serious physical injury, or that results in the death of the animal. Any person who subjects an animal to cruelty is guilty of a Class 6 felony. “Neglect,” means to fail to provide food, water, protection from the elements, adequate sanitation, adequate facilities, or care generally considered to be standard and accepted for an animal's health and well-being consistent with the species, breed, physical condition, and type of animal. Any person who neglects an animal is guilty of a Class 1 misdemeanor. Exemptions include regulated scientific experiments using live animals and the destruction of dangerous animals. |
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SC - Dogfighting - Chapter 27. Animal Fighting and Baiting Act. |
This South Carolina section comprises the state's Animal Fighting and Baiting Act. Under the Act, any person who owns an animal for the purpose of fighting or baiting, is a party to any fighting or baiting of any animal, or obtains the use of any structure for the purpose of fighting or baiting any animal is guilty of a felony and upon conviction must be punished by a fine of $5000 or 5 years imprisonment or both. The section also provides for seizure and forfeiture of animals used in fighting operations. |
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RI - Cruelty - Consolidated Cruelty Laws (Chapter 1. Cruelty to Animals) |
These Rhode Island statutes comprise the state's anti-cruelty and animal fighting provisions. The cruelty law provides that whoever overdrives, overloads, overworks, tortures, torments, deprives of necessary sustenance, or cruelly beats, mutilates or kills any animal is subject to imprisonment up to 11 months, or a fine of $50.00 - $500, or both. The intentional cruelty provision expands the penalty to 2 years possible imprisonment or a fine of $1,000, or both. |
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Ray and Marie Powers v. Wesley and Mary Tincher |
While plaintiff’s complaint and demand focus on the threats and alleged actions of trespass by defendants, the Common Pleas Court’s decision focuses instead on the defendant’s request for injunctive relief based on a nuisance violation. Specifically, defendants apparently alleged that plaintiff’s keeping of over one hundred roosters constituted a private nuisance. Relying on a case of similar facts, the court held that plaintiffs’ keeping of over one hundred roosters for the purpose of cockfighting constituted a private nuisance.
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People v. Baniqued |
Defendant appealed from a judgment of the Superior Court of Sacramento County, California, ordering their conviction for cockfighting in violations of animal cruelty statutes. The court held that roosters and other birds fall within the statutory definition of "every dumb creature" and thus qualify as an "animal" for purposes of the animal cruelty statutes.
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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.
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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. |
