Anti-Cruelty

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Titlesort descending Summary
Peru - Cruelty - Ley 30407, 2015 Ley 30407, is the statute of animal protection and welfare. It sets the guidelines for the protection of vertebrate domestic and wild animals kept in captivity and against abuse and cruelty caused directly or indirectly by humans. This law also promotes respect for the life and well-being of animals through education as well as the participation in the promotion of animal protection of entities of the public and private sector. Some of the topics that this law regulates include: responsibilities of society and the government towards animals; protection, possession and handling of animals; animal research and experimentation; and euthanasia of companion animals and wildlife kept in captivity. Ley 30407 has 36 articles in 8 chapters. As a result of its promulgation, the previous animal welfare act, together with Article 450-A of the criminal code, were repealed. Bullfighting, cockfighting and other activities declared of cultural character by authorized authority are considered exceptions to this law.
Pet Fair, Inc. v. Humane Society of Greater Miami
The owner of allegedly neglected or mistreated domestic animals that were seized by police could not be required to pay for costs of animals' care after it was determined that owner was in fact able to adequately provide for the animals, and after the owner declined to re-possess the animals. The Humane Society can require an owner to pay it costs associated with caring for an animal if the owner re-claims the animal, but not if the animal is adopted out to a third party.
Phillip v. State


Defendant was sentenced to 17 years imprisonment after entering a non-negotiated guilty plea to 14 counts of dogfighting and two counts of aggravated cruelty to animals. Upon motion, the Court of Appeals held that the sentence was illegal and void because all counts, which were to run concurrently, had the maximum prison sentence of five years.
Pine v. State


Mens rea in cruelty conviction may be inferred from circumstances. With regard to warrantless seizure, the Fourth Amendment does not prohibit seizure when there is a need to act immediately to protect and preserve life (i.e. "emergency doctrine").
Pitts v. State


Right of appeal is only available for orders that the animal be sold at public auction. The statutory language does not extend this right to seizure orders.
Poarch Creek Band of Indians of Alabama. 8-6-31-Cruelty to Animals Under Sec. 8-6-31, cruelty to animals is a Class A Misdemeanor. A person who, without justification, knowingly or negligently subjects an animal to mistreatment by actions defined in the statute commit the crime of cruelty to animals.
Porter v. DiBlasio


Nine horses were seized by a humane society due to neglect of a care taker without giving the owner, who lived in another state, notice or an opportunity for a hearing. The owner filed a section 1983 suit against the humane society, the county, a humane officer and the district attorney that alleged violations of substantive and procedural due process, conspiracy, and conversion. The district court dismissed the claims for failure to state a viable claim. On appeal, the court found that the owner had two viable due process claims, but upheld the dismissal for the others.
Prevention of Cruelty to Animals Act 1979 (NSW): A Summary


This paper is intended to serve as a summary of the main provisions in the Prevention of Cruelty to Animals Act 1979 (POCTAA), which is the primary piece of legislation that aims to protect animals from cruelty in New South Wales, Austrailia. Attempts have been made to offer critical analysis, and suggestions for reform, where possible. This paper is not intended to be an exhaustive summary of the POCTAA. Rather, it is a work in progress.
Price v. State


In this Indiana case, appellant-defendant appealed his conviction for misdemeanor Cruelty to an Animal for beating his 8 month-old dog with a belt. Price contended that the statute is unconstitutionally vague because the statute's exemption of “reasonable” training and discipline can be interpreted to have different meanings. The court held that a person of ordinary intelligence would also know that these actions are not “reasonable” acts of discipline or training. Affirmed.
Project on American Animal Welfare Legislation (Spain)


This paper examines US animal welfare legislation as viewed from a student in Spain. The paper concludes that while the US has some of the most progressive legislation, there are still topics that need to be addressed.

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