Animal Cruelty Prosecution

The prevention of unnecessary animal suffering has been a core issue in Western societies for centuries. Animal cruelty in Florida, as is the case in most states, is a crime. Cruelty to animals can also be a predictor crime and an indicator crime.

There is a great deal of literature which tells us that a person with a history of repeated acts of intentional violence toward animals is at a much higher risk for committing similar violence or lawlessness toward humans in the future. A 10-year study of at-risk children showed that those who were classified, at ages six to 12, as cruel to animals were more than five times as likely to be subsequently referred to juvenile authorities for violent offenses. Thirty eight per cent of animal abusers were later arrested for violent crimes. Seventy per cent of animal abusers were arrested, within 10 years, for violent crimes, property crimes, drug crimes, or crimes involving disorder.

A growing body of literature documents the co-occurrence of animal cruelty with domestic violence, child abuse, and elder abuse. Investigation of cruelty to animals can often lead to evidence of persons harmed by the same perpetrator and identification of others at high risk of being harmed.

Additionally, the Diagnostic and Statistical Manual of Mental Disorders(DSM-IV-TR, 2000), which is the diagnostic text accepted by psychiatrists and psychologists, includes animal cruelty in the description of conduct disorders, under the category of “aggression to people and animals.”

The existence of animal abuse is also harmful to our communities. As abused animals are truly innocent victims; there are often intense reactions to incidents of cruelty. Our citizens rightfully demand effective application of animal cruelty laws as an important component of law enforcement. Occasionally, community outrage generates calls for charges not justified by the facts or punishment not permitted by statute. The prosecutor must proceed with the case he or she can prove and seek the sanction that is appropriate under the law.

Florida law punishes cruelty to animals according to Section 828.12, Florida Statutes:

(1) A person who unnecessarily overloads, over-drives, torments, deprives of necessary sustenance or shelter, or unnecessarily mutilates, or kills any animal, or causes the same to be done, or carries in or upon any vehicle, or otherwise any animal in a cruel or inhumane manner, is guilty of a misdemeanor of the first degree, punishable by up to one year in jail or a fine of up to $5,000.00, or both.

(2) A person who intentionally commits an act to any animal which results in the cruel death, or excessive or repeated infliction of unnecessary pain or suffering, or causes the same to be done, is guilty of a felony of the third degree, punishable by up to five years in prison, or a $10,000.00 fine, or both.

Florida law also provides penalties for exposing poison, fighting or baiting animals, and various offenses involving the pelts of cats or dogs.

If you suspect animal cruelty; please call your local law enforcement agency. If you have any questions about this subject; contact your State Attorney’s Office.

Bibliography: Lockwood, Randall, “Animal Cruelty Prosecution: Opportunities for Early Response to Crime and Interpersonal Violence.” APRI, 2006; Florida Statutes, 2006.