ANIMAL CRUELTY 101 DOLLY. January March Page 1 Animal Cruelty 101. Page 2-4 Animal Cruelty What can I do? Page 5 Bookmark fun!

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1 January March 2009 Page 1 Animal Cruelty 101 Page 2-4 Animal Cruelty What can I do? Page 5 Bookmark fun! Page 6 Animal Cruelty & Family Violence DOLLY ANIMAL CRUELTY 101 Those of us who love our pets often have trouble understanding why anyone would want to harm a defenseless animal. Unfortunately, cruelty and neglect exist, and when we suspect that it s happening, it s up to us to do something about it. There are two categories of cruelty: direct violence and neglect. Direct Violence: Direct violence often occurs at the hands of people who were themselves mistreated either now or in the past. Typical direct violence that animals may suffer every day can include being beaten, mutilated, shot, set on fire or otherwise tortured. This intentional abuse of animals can result in severe injury or death. Neglect: Other animals suffer and die from neglect when they are denied proper food, water or shelter, causing them to slowly starve to death or die from exposure to freezing cold or sweltering hot temperatures.. Sometimes neglect occurs at the hands of someone who has not been taught what proper care entails. Other times neglect is deliberate used either as punishment for perceived bad behavior, or for no explainable reason. All 50 states have animal cruelty laws, and in 44 of those states there are laws containing provisions that make certain types of animal cruelty a felony offense. This issue of our newsletter is dedicated to helping you understand the importance of taking a stand against cruelty and neglect. While the articles in this newsletter contain information on the most basic offenses, many others can t be discussed here. Information on topics such as animal hoarding, the use of animals in fighting, circus animals, puppy mills and cruelty on the internet can be found at your local library or on the internet. For more information on these and other topics, visit the American Society for the Prevention of Cruelty to Animals at or The Humane Society of the United States at

2 Animal Cruelty What is it, what can I do? How do I know if what I m seeing is really cruelty? In Virginia, as is the case in most states, cruelty occurs when someone intentionally injures or otherwise harms an animal, or when a person willfully deprives the animal of food, water, necessary medical care and adequate shelter. Below are some of the things to look for: Tick or flea infestation Wounds on the body Patches of missing hair Extremely thin, starving animal Limping An owner striking, kicking or otherwise physically hurting an animal Dogs repeatedly left alone without food, water and shelter, and dogs chained to a doghouse or in a yard. Animals that appear to have been hit by a car or are otherwise sick or injured who have not been taken to a veterinarian. Dogs or cats kept outside without shelter in extreme weather conditions Animals that cower in fear or act aggressively when their owners approach What is the difference between state level and federal level cruelty? There is no federal cruelty law, and technically, there can t be. Animal cruelty cases are handled by each state because the U.S. Constitution limits the areas in which Congress can pass federal laws that apply nationwide. There are some federal laws that regulate specific activities that affect animals, one of which is the Animal Welfare Act. This act regulates the sale, handling and transport of certain types of animals. Since animal cruelty typically occurs in a fixed locality, and usually can t be interpreted to have an impact on interstate commerce, the federal government has no jurisdiction. One exception to this is the 2007 Animal Fighting Prohibition Enforcement Act. Animal fighting often involves the movement of animals from state to state, and thus constitutes interstate commerce. A violation of this law would be a federal offense punishable by the federal government. Why should I report animal cruelty? Law enforcement and local animal care and control officers would receive information on most instances of animal abuse through phone calls from the public. These officers can t protect defenseless pets without tips from concerned citizens. Since animals are mute and can t speak for themselves, it s up to us to take the first step by reporting what we see in our neighborhoods. If I think an animal in my community isn t being cared for properly, could that also be cruelty? Yes, it can. Cruelty doesn t always involve hitting or physically abusing an animal. It is also cruel to deprive a pet of food, water, medical attention or proper shelter from the elements. There are two general types of neglect: simple neglect, and gross, willful, cruel or malicious neglect. Simple neglect is failure to provide the basic needs listed

3 CRUELTY CONT.. above. It is not always considered a criminal act, sometimes it s just a lack of knowledge on the part of the owner. Issues like these can often be resolved by a visit from animal control officers, law enforcement or humane agencies, depending on the locality. Sometimes just providing some education and resources for the owner will lead to a better situation for the pet. Obviously, there is a difference between a lack of knowledge of proper care and intentionally/knowingly withholding food, water and proper shelter. Neglect can also be an indication that the person is hoarding animals an accumulation of large numbers of animal in extremely unsanitary conditions. Hoarding often results in death of many of the animals and serious health problems for the people living with the pets. Many hoarders think they are helping the pets, when they are actually making the problem worse for both themselves and the pets. What are the cruelty laws in my state? Animal cruelty laws vary from state to state. The American Society for the Prevention of Cruelty to Animals (ASPCA) has an online database with more than 550 animal cruelty laws and their penalties from all 50 states. The database is maintained by the ASPCA Government Affairs and Public Policy department and is available by visiting Do people found guilty of animal cruelty go to jail? The penalties for animal cruelty vary from state to state, and depend on the exact charges, the severity of the crime and the individual s criminal record. Some people will go to jail, pay fines or both, others will not. Misdemeanors rarely involve a jail sentence, but felonies nearly always carry a stronger sentence. Whether an offense is considered a felony or misdemeanor can vary from state to state, and federal offenses have their own definitions as well. Sometimes repeat offenses of the same misdemeanor can lead to felony charges, but this is not true of all laws or even all states. Are veterinarians obligated by law to report that they suspect an animal patient is being abused or neglected in the home? Currently, eleven states mandate that vets report suspicions of cruelty, including suspected dog fighting activity to the appropriate authorities. Many other states encourage them to report suspected cruelty by granting civil immunity for goodfaith reports. Reporting suspected abuse is also supported by veterinary organizations such as the American Veterinary Medicine Association and the American Animal Hospital Association. If someone in my neighborhood threatens to harm my pet, is there anything I can do to protect my pet from this person? If you feel that your pet is in danger, you should do whatever you can to protect them from harm. Keep the pet indoors as much as possible, stay with the pet when it needs to be outdoors for bathroom breaks and exercise, keep dogs on a leash at all times. The City of Harrisonburg has a leash law, but Rockingham County does not. Often farmers become distressed

4 CRUELTY CONT.. when dogs run their sheep and other livestock, causing them to threaten owners who persist in allowing their pets to roam. Roaming cats can dig up flowerbeds, tear up garden or patio furniture and otherwise create problems for neighbors. Keeping them indoors protects them from annoyed neighbors who may do something in retaliation. Pet lovers often forget that not everyone feels the way they do. Be aware that while most people will tolerate minor problems, ongoing issues can lead to frustration on the part of the victim. If the threats persist and become frightening to you and your family, it s advisable to file a complaint with your local police or sheriff s department. Depending on your local area, verbal and/or written threats can constitute criminal harassment. Keep any tangible evidence s, notes, letters and any other physical evidence you may find. If the threats are serious enough, you may be able to obtain a restraining order against the person making the threats. If you choose to go this route, obtain a lawyer and, above all else, be careful. Does our community have animal cops like those portrayed on Animal Planet or the ASPCA s Humane Law Enforcement agents? The City of Harrisonburg has one Animal Control Officer, and Rockingham County has two. The city and county police and sheriff s departments also act as back-up officers to cover vacations, holidays and special circumstances. These officers can site individuals for cruelty and/or neglect, and can take them to court when necessary. Generally, only larger metropolitan areas have dedicated animal cruelty officers with arrest capabilities. In many states having a special policing force would also require changes to the state s statutes. For more information on animal cruelty or any other pet-related topic, visit the following websites: American Society for the Prevention of Cruelty to Animals at or The Humane Society of the United States at To report suspected cruelty or neglect locally, contact Harrisonburg City Animal Control at (540) and for Rockingham County contact Animal Control at either (540) or (540) Remember, these officers are usually out answering calls, so leaving a message will likely be necessary. When you call leave your name, phone number, the location of the suspected abuse/neglect and the type of behavior or problem you have observed. Your name will be kept confidential, and will only be used to contact you if the officers need additional information, and to let you know the outcome of their investigation. Remember, when you care enough to report abuse and neglect, you may save a life. Our furry friends can t speak for themselves!

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6 ANIMAL CRUELTY & FAMILY VIOLENCE In most American households pets are treated as part of the family. In nearly three-quarters of homes with at least one companion animal, there are school-age children. If the family is experiencing violence, these pets can become targets as well. Family pets are an important source of comfort and stability for victims of abuse, especially children. Unfortunately, abusive family members may use threats to harm the pet as a way of controlling others in the family. Many of these victims stay in dangerous situations out of fear of harm to their beloved pets. A survey conducted in 1997 at 50 of the largest shelters for battered women in the U.S., 85% of women and 63% of children discussed incidents of pet abuse in the family. Children who have witnessed domestic violence or have been victims of abuse may become animal abusers themselves. Children often act out what they see. In a study conducted in 1995, 32% of the petowning victims of domestic abuse reported that one or more of their children had hurt or killed a pet. Those who work with children or respond to family violence need to be aware of the connection between animal abuse and family violence. Professionals in law enforcement, domestic violence intervention, education, child protection, human and veterinary medicine and animal care and control should begin to work together to develop strategies for responding to the needs of these families and their pets. Becoming alert to the signs that a situation is becoming life-threatening can be critical to the welfare of these victims of abuse. Signs may include the batterer threatening suicide, display of a firearm, or harming or killing a family pet. Educators and child care providers should take seriously any stories children tell about the treatment their pets receive at home. Many domestic violence shelters and animal protection agencies have begun to work together to develop safe havens for the pets of domestic violence victims. Providing this care to pets allows the human victims of violence to feel safe while they are receiving the help they need. For more information on family violence and animal cruelty, visit the Humane Society of the United States website at