Wednesday, July 1, 2009

Penalties for Animal Cruelty

Our current poll asks if PA's animal cruelty penalties are sufficient. Right now, it's 100% saying no, they're not. What are they, you ask? Well, as of 1995, when PA made animal cruelty (some forms thereof) a felony, here they are:

Animal cruelty is only a felony if (A) the victim is a zoo animal (for the 1st offense) or (B) if it's the second offense and the victim is a dog or a cat. Even then, it's only a 3rd degree felony. Also, the cruelty must be determined to be deliberate, so something that the perpetrator's attorney can make look like it was accidental, borne out of ignorance, or unintended will allow the person to escape serious penalty. First offenses on dogs or cats are considered misdemeanors (virtually no penalty or fine whatsoever). So in PA, if you want to beat your dog or throw a litter of puppies in the trash, you can only do it once and not really pay the price for your sadistic behavior. Second time, if they catch you, you may be in trouble.

Read a current article about the demand for tougher penalties by clicking HERE. (thanks to North Penn Puppy Mill Watch for sending the link)

The maximum jail time for a 3rd degree felony conviction is 7 years, and the maximum fine is $15,000. As we've seen in recent puppy mill cases, the sentences are much lighter -- in terms of jail time (virtually none is ever given) and fines (they're rarely over $1000 per incident). MOST of the cruelty cases that make it to court in PA end up being treated as misdemeanors, which is why while it LOOKS like a lot -- 7 years, $15,000 -- you never see that happen. It's all hinging on the abuse/cruelty being intentional -- and a good defense attorney and a "yeah, it's just a dog" judge will combine to assure the abuser a very light sentence.

So, yes, PA's animal cruelty laws are NOT sufficient, nor is the zeal with which judges apply them as they are. The "it's only an animal" mindset is quite prevalent, even in the minds of judges, who should know better. As stated in an earlier post, even if you don't care about animals, the studies prove over and over that people who are cruel to animals will eventually turn that sadism on people -- in the form of domestic abuse, crimes that involve assault or weapons, and in extreme (but sadly, not rare) cases, murder. A capacity for cruelty NEVER remains something that someone only exhibits toward animals.

PLEASE contact your legislators -- in the PA House and Senate -- and let them know that you want PA's laws to be tougher. And when there's a cruelty case in your area, contact the judge to let him or her know you want the toughest sentence possible to be given if the person is convicted. You also want to remind the judge that a lenient approach in determining the intent of the abuser won't be tolerated by the voters. That's the up-side of PA having judges be elected, rather than appointed. The voters get to speak and have an impact on the judicial branch of our state government.

Not sure who your state legislators are? Visit our legislation page for links to find out:
http://www.lohvpa.org/legislation.html#findlegislators

To find contact info for a judge who'll be deciding an animal cruelty case in your area, simply Google his or her name, and you'll find the number for their offices. A call to the judge (NOT an email) is best -- and you'll probably end up talking to an assistant, and that's fine -- the point of your call WILL be passed along.

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