What Constitutes Animal Cruelty?
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Acts of violence or neglect perpetrated against animals are considered animal cruelty. Examples include overt abuse, dog fighting and cock fighting, and companion animals being neglected or denied basic necessities of care, such as food, water or shelter. Animal welfare organizations across the country work daily to educate people about how to care for their companion animals and how they can prevent animal cruelty.
Many people who witness, or hear about cruelty, are not aware that legal action can be taken to help stop the problem. Companion animals are primarily covered by state animal cruelty laws, which vary from state to state and county to county. These laws may be confusing to people who want to help animals in distress but are not clear on what constitutes animal cruelty.
Generally, animal
cruelty can be divided into two categories:
Neglect and Intentional Cruelty
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Neglect
is the failure to provide an animal with the most basic
of requirements of food, water, shelter and veterinary care.
Neglect is often the result of simple ignorance on the animal
owner's part and is usually handled by requiring the owner
to correct the situation. If the problem is not corrected,
the animal may be removed from the neglectful person by
law enforcement authorities. In some cases, the owner will
simply turn the animal over to authorities because they
no longer want the responsibility.
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Intentional cruelty is often more shocking and usually an indicator of a serious human behavior problem. Intentional cruelty is when an individual purposely inflicts physical harm or injury on an animal.
The ASPCA and other
organizations with cruelty investigation authority have
arrested many individuals, who have deliberately maimed,
tortured or even killed animals. Although many individuals
are arrested for intentional cruelty, people who commit
even the most heinous crimes against animals are often not
prosecuted to the full extent of the law. In states where
animal cruelty is considered a misdemeanor, individuals
who commit intentional cruelty crimes against animals can
receive, at most, one year in jail and a $1,000 fine. Often,
perpetrators receive no more than probation.
Someone who is violent towards animals may be violent towards
family members or other people.
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Animal cruelty laws vary from state to state
38 states and the
District of Columbia currently have laws that make intentional
cruelty a felony charge, while 12 states treat neglectful
cruelty and intentional cruelty as a misdemeanor. Many animal
cruelty laws specifically exclude accepted animal husbandry
practices involving farm animals, animals used in research,
and lawful hunting and trapping of wildlife. Many states
now require the person convicted of cruelty to undergo psychological
evaluation and counseling, in addition
to paying a fine or being imprisoned. An increasing number
of states are instituting cross training and reporting programs
involving social service workers who are likely to see cases
of animal abuse during the course of their work in domestic
violence and child abuse.
This development arises from the research validating the
"link" between animal abuse and human violence.
A number of states provide civil and criminal immunity to
veterinarians who report suspected cases of animal abuse
to law enforcement authorities since they are likely to
be the first ones to come in contact with an abused animal.
Enforcement of animal cruelty laws can be carried out by
local police or by humane or municipal agencies that are
granted power from the state or local government.
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How You Can Help
If you witness or
hear about animal cruelty taking place, report it to your
local humane organization or call your local police. Become
a member of the ASPCA Advocacy Brigade and take an active
part in passing legislation. Send all inquiries to [email protected]
or call the Government Affairs & Public Policy department.
Teaching future generations to respect animal life will
make our society more humane. Make sure schools in your
town include humane education as part of their curriculum.
Contact the ASPCA at [email protected] for classroom resources.
If you want to adopt a pet, go to your local shelter first.
You can also log onto www.Petfinder.com our online
adoption partner, to search the Internet's largest directory
of animals available for adoption. If you own a pet, be
responsible and provide it with annual veterinary checkups
and preventative medical care; spay or neuter your cat or
dog to reduce pet overpopulation and urge your friends to
do the same.
Support your local animal rescue organization or shelter
with donations of money, food or supplies. Volunteering
your time or fostering a shelter animal is a good way to
make a difference. Fostering helps socialize abused or frightened
animals before they are adopted.
© 2004 ASPCA
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