Ohio's Laws Regarding Animal Abuse
Recently, a Fremont man shot and killed his neighbors cat.
Reporting officer, Deputy Zender, wrote in his report, "When I spoke with David Pickard he informed me that he was sick of the cats in his yard killing his birds and bunnies. I asked him what he did about the cat that was in his yard today and he stated he took care of it. I asked where was the cat and he stated he buried it in the marsh and it was turtle food now."
Mr. Pickard was charged, found guilty and fined only $100 plus court cost by Judge Burkett.
I sat in the courtroom during the sentencing, and when Judge Burkett asked Mr. Hart his opinion concerning what the fine should be, Mr. Hart explained to the judge that he had no recommendation.
Saturday's News-Messenger reported that Bob Hart declined to offer his views on the sentence but (Bob Hart) said such cases should be viewed based on a spectrum.
Hart was quoted as saying, "On the one hand you have somebody who maliciously killed somebody's pet and on the other hand you have someone who killed somebody's cat because he thought it was a feral cat. There will be some that will argue that fact and will believe the court's sentence was too lenient, but ... there's no way to ascertain what Mr. Pickard's thoughts (were) when he pulled the trigger."
I’d like to ask Mr. Hart why it makes a difference whether or not Pickard believed the cat was feral.
It is against the law in the state of Ohio to shoot a cat in your yard, even if you believe the cat doesn't have an owner. If you do so, you're breaking the law.
Ohio Law 959.13 clearly defines what Ohio courts regard as a companion animal; “Companion animal” means any animal that is kept inside a residential dwelling and any dog or cat regardless of where it is kept.
Society for the Protection of Animals, Inc. (S.P.A.) agrees that the safest place for a cat is inside and we won’t adopt a cat to someone who plans on allowing their cat to roam outside. At the same time, S.P.A. does not support breaking the law by killing cats, feral or otherwise
Additionally, Ohio State Law 959.02, INJURING ANIMALS says that, "No person shall maliciously, or willfully, and without the consent of the owner, kill or injure a horse, mare, foal, filly, jack, mule, sheep, goat, cow, steer, bull, heifer, ass, ox, swine, dog, cat, or other domestic animal that is the property of another. This section does not apply to a licensed veterinarian acting in an official capacity."
Another Ohio Law, 959.03 forbids POISONING OF ANIMALS. This law makes clear that, "No person shall maliciously, or willfully and without the consent of the owner, administer poison, except a licensed veterinarian acting in such capacity, to a horse, mare, foal, filly, jack, mule, sheep, goat, cow, steer, bull, heifer, ass, ox, swine, dog, cat, poultry, or any other domestic animal that is the property of another; and no person shall, willfully and without the consent of the owner, place any poisoned food where it may be easily found and eaten by any of such animals, either upon his own lands or the lands of another.
In April 2003 prohibitions concerning companion animals were rewritten in the state of Ohio. Current Ohio law regarding animal abuse clearly states that the maximum sentence for anyone found guilty of knowingly torturing, tormenting, needlessly mutilating or maiming, cruelly beating, poisoning, needlessly killing, or committing an act of cruelty against a companion animal is 6 months in jail and a $1,000 fine. The first offense is a misdemeanor of the first degree.
If you are found guilty of any of the above for the second time, it becomes a fifth degree felony punishable with a maximum sentence of 6-12 months in prison and up to a maximum $2,500 fine.
Ohio’s cruelty laws are among the weakest in the United States and the maximum sentences are rarely imposed.
The first offense of animal abuse in Oregon is considered a felony and the maximum sentence is up to a $100,000 fine and 5 years in jail.
California’s laws are also much tougher than Ohio’s. The first offense there is considered a felony with a maximum fine of $20,000 and 1 – 3 years jail time. California further orders mandatory psychological counseling.
The first offense in Florida is also punishable as a felony with a maximum fine of $10,000, 5 years in jail, and mandatory psychological and anger management ordered for acts of intentional torture and torment.
Felony charges are also brought against first time offenders in Michigan and the maximum sentence is a $5,000 fine and up to 4 years in jail. Counseling may be ordered on a case-by-case basis.
West Virginia’s maximum sentence for animal abuse is a $1,000 - $5,000 fine, 5 years in jail, and considers first time convicted animal abuse offenders as felons.
Each year in Ohio thousands of animals die of neglect, cruelty and abuse. Ohio needs stiffer penalties for those found guilty of animal abuse and it would seem that psychological counseling should become a mandatory part of the sentence.
We must urge local judges to impose greater penalties for those in our community who abuse animals.
Pet-Abuse.com explains that animal cruelty is often broken down into two main categories: active and passive, also referred to as comission and omission, respectively. Passive cruelty is typified by cases of neglect, where the crime is a lack of action rather than the action itself. However, do not let the terminology fool you. Severe animal neglect can cause incredible pain and suffering to an animal.
Examples of neglect are starvation, dehydration, parasite infestations, allowing a collar to grow into an animal’s skin, inadequate shelter in extreme weather conditions, and failure to seek veterinary care when an animal needs medical attention.
In many cases of neglect where an investigator feels that the cruelty occurred as a result of ignorance, they may attempt to educate the pet owner and then revisit the situation to check for improvements. In more severe cases exigent circumstances may require that the animal is removed from the site immediately and taken in for urgent medical care.
Active cruelty implies malicious intent, where a person has deliberately and intentionally caused harm to an animal, and is sometimes referred to as NAI (Non-Accidental Injury). Acts of intentional cruelty are often some of the most disturbing and should be considered signs of serious psychological problems. This type of behavior is often associated with sociopathic behavior and should be taken very seriously.
Animal abuse in violent homes can take many forms and can occur for many reasons. Many times a parent or domestic partner who is abusive may kill, or threaten to kill, the household pets to intimidate family members into sexual abuse, to remain silent about previous or current abuse, or simply to psychologically torture the victims, flexing their "power".
Studies have shown that animal cruelty can be one of the earliest and most dramatic indicators that an individual is developing a pattern of inflicting suffering on others. In addition, statistics have proven that many violent criminal offenders have histories of serious, repeated animal cruelty as children or teens.
To researchers, a fascination with cruelty to animals is a red flag in the lives of serial rapists and killers.
A young animal abuser may not become a serial killer, but an FBI study of serial killers revealed that all serial killers abused animals as children. Most of the children who have killed teachers and classmates also abused animals.
Investigators found animal abuse in 88% of families suspected of child abuse.
Society for the Protection of Animals (S.P.A.) recognizes that there is a real need to take a proactive stance against animal abuse in Sandusky County. Anyone witnessing an animal deliberately and intentionally being abused should report the specifics to local law enforcement. S.P.A. will pay a $1,000 reward to anyone reporting an act of animal cruelty to law enforcement, upon conviction of the accused.
S.P.A. offers a unique series of humane education lessons that reveal the remarkable meanings that animals have in the hearts of children. Although most children feel deep compassion for animals, others turn toward cruelty rather than love in their relationships with animals, as with people. Some of these children routinely witness cruelty or abuse against animals at home. Humane Education lessons create opportunities for children to express the intense emotions associated with their relationships with animals and to develop competence in dealing with the needs and responses of others. By reaching children early in life, and focusing on instilling respect and compassion for animals, it is the goal of S.P.A. to stop potential abusers before they start. S.P.A. offers its Humane Education Program to any group of children, ages 4 – 14, for a donation of $50.
I personally find it is disturbing that there is a need for a program to teach basic emotions, such as kindness, feelings that should not only be inherent but learned naturally from birth through family and friends. How and why has our society advanced so quickly technologically, and yet failed to instill in our children such basic emotions as empathy, kindness, respect and awareness?
1952 Nobel Peace Prize winner, Dr. Albert Schweitzer, a well-respected medical doctor, philosopher, theologian, and musician said, “Until he extends his circle of compassion to include all living things, man will not himself find peace.” Dr. Schweitzer also said, “A man is truly ethical only when he obeys the compulsion to help all life which he is able to assist, and shrinks from injuring anything that lives.”