Review of Penal Code 597 PC Animal Abuse and Cruelty Laws
In California, animal abuse is defined under Penal Code 597 PC and can be charged as a misdemeanor or a felony, making it a wobbler crime. The statute describes this crime as maliciously killing, harming, maiming, or torturing a living animal.
In other words, animal abuse occurs when any animal receives cruel treatment, including physical abuse or neglect when deprived of basic needs such as food, water, or shelter.
California has strict animal cruelty laws, and it's considered a serious crime with harsh legal consequences. Any allegations of neglect or abuse of an animal are investigated and aggressively prosecuted.
The law is intended to protect domesticated pets, companion animals, wild animals, strays, and farm animals.
For instance, if a dog owner leaves their pet at home for several days without food or water, they will be subject to this Penal Code. Perhaps an animal was left inside a vehicle during a hot day while their owner went shopping in a store.
Perhaps someone owns numerous cats but fails to provide adequate care, causing them to be malnourished and live in unsuitable urine and feces conditions.
Political pressure from animal activism groups can often influence police to open an investigation and pursue a criminal case.
Our Los Angeles criminal defense lawyers will examine the laws more closely below.
What is the Legal Definition of Animal Abuse?
California has numerous statutes that cover animal abuse and cruelty. Under PC 597, cruelty to animals is legally defined as:
- “(a) Anyone who intentionally maims, tortures, wounds, or kills a living animal is guilty of a crime. (b) Anyone having charge or custody of animal overworks, tortures, deprives of necessary sustenance, drink, or shelter, cruelly beats or kills any animal, or subjects any animal to needless suffering, cruelty, or abuses, or fails to provide the animal with proper food, drink, or shelter or protection from the weather, is guilty of a crime….”
In other words, the law prohibits animal abuse and cruelty in many different ways.
Another form of animal abuse is defined under California Penal Code 597.7, which prohibits leaving an animal in an unattended vehicle under conditions that endanger the animal's well-being.
What Are the Elements of Animal Abuse?
To be found guilty of animal abuse in California, the prosecution must show the following:
- The defendant maliciously and intentionally maimed, mutilated, tortured, or wounded a living animal or maliciously and intentionally killed an animal; or
- The defendant overdrives, overloads, drives when overloaded, overworks, tortures, beats, or torments any animal in their custody, or subjects them to needless suffering.
Maiming refers to permanently disabling or disfiguring an animal or depriving it of a body part, including organs.
Torturing is defined as an action, a failure to act, or an incidence of neglect that causes an animal's unnecessary physical pain or suffering.
The driving force behind these prosecutions is proving that the defendant acted maliciously. Under California law, to act “maliciously,” the defendant must have intentionally committed a wrongful act.
What Are the Related Crimes?
Other laws in California that deal with animal abuse include:
- Penal Code 597.5 PC dogfighting: owning or training a dog with the intent to enter them into a dogfight, watching a dogfight, or forcing a dog to injure or kill another dog during a preplanned dogfight;
- Penal Code 597.7 PC leaving an animal in a vehicle alone if the conditions would harm the health or wellbeing of the animal;
- Intentionally poisoning animals, whether your own or someone else's;
- Penal Code 597a PC cruelly transporting an animal;
- Health and Safety Code 122335 HS illegally tethering a dog to a stationary object, like a tree;
- Penal Code 597 PC cockfighting: forcing roosters to fight for amusement or financial gain.
- Penal Code 286.5 PC sexual abuse of animals, known as “bestiality;”
- Penal Code 597l PC – regulating the conditions of animals sold in a pet store;
- Penal Code 597t PC – confined animals;
- Penal Code 596 PC – poisoning another person's animal.
Federal Animal Abuse Acts
Several federal acts affect how individuals interact with animals, including:
- The Animal Welfare Act;
- The Preventing Animal Cruelty and Torture Act;
- The Humane Slaughter Act;
- The 28 Hour Law;
What Are the Penalties?
If a defendant is found guilty of animal abuse in California, they will face either a felony or misdemeanor punishment, known as a “wobbler.”
Felonies include a period of imprisonment, a fine of no more than $20,000, or both, and misdemeanor sentences carry up to a year in county jail, a fine of no more than $20,000, or both.
In some instances, the animal could be permanently removed from your care, and you could be required to pay the cost of housing the animal.
Animal abuse convictions can affect other rights you may not even be thinking about, including gun rights and immigration status.
In some instances, animal abuse charges can lead to deportation or for the defendant to be marked as “inadmissible.”
Additionally, felony animal abuse convictions will force the defendant to give up their rights to own or possess a gun.
Animal abuse convictions can be expunged from your criminal record if they were adjudicated as misdemeanors and the defendant completed a period in jail or probation. Unfortunately, felony charges cannot be expunged.
Defenses to Animal Abuse Charges in California
Defendants accused of animal abuse in California can challenge the accusation by claiming the following:
Acted in Self-Defense
Under California's self-defense laws, defendants have the right to defend themselves if there is a danger of an imminent attack by other people and animals.
Suppose the defendant can show that they wounded or killed the animal in a reasonably necessary way in defense of themselves, another person, or another animal. In that case, they will be able to evoke this defense.
Lack of intent
The prosecutor must prove you acted intentionally and maliciously to be convicted of animal abuse. Perhaps we can show animal's injury or death was not on purpose or due to negligence, but rather an accident. In other words, there was no specific intent to harm the animal.
Lack of Financial Means
A defendant may also show that they did not have the financial means to care for the animal. There must be a real-life hardship present here because of either a medical condition, the loss of employment, or an injury.
Not Responsible for the Animal
The defendant may also choose to emphasize to the court that they were not responsible for the abused animal.
For instance, if your roommate has a cat and tells you not to worry about it, or if your roommate fails to feed the cat and the cat dies, it is not your responsibility.
You will be able to use this defense in court if you are charged with the cat's death as animal abuse.
Animal abuse is a heinous crime, but not all allegations are accurate. If you have been accused of animal abuse or cruelty, we need to review all the details to plan a defense strategy for the best possible outcome.
Negotiation with the prosecutor for reduced or dismissal of charges may be possible. We might be able to avoid the formal filing of criminal charges through prefiling intervention, often called a “DA reject.” Eisner Gorin LLP is based in Los Angeles County. You can contact our law firm for an initial consultation at (877) 781-1570.
Related Content:
If you have one phone call from jail, call us! If you are facing criminal charges,