Every state has a law against animal cruelty. But what's surprising is the degree to which the states differ in their prohibition of cruelty. While some states have strong felony-level penalties, others still categorize egregious acts of intentional cruelty, such as setting an animal on fire or maliciously beating an animal, as misdemeanors or felonies with relatively weak penalties.
As of October 2009, 46 states have enacted felony-level penalties for certain acts of animal cruelty, 31 of them in the last ten years. Some states have relatively effective laws that do not contain felony-level penalties, and not all states with felony-level provisions have otherwise strong laws. While the majority of states cover all animals, several restrict felony-level penalties to crimes against zoo or companion animals.
A good felony anti-cruelty law should:
- Apply to all animals.
- Apply to first-time offenders.
- Have large fines and lengthy prison time as penalties.
- Have no exemptions.
- Allow or require convicted abusers to get counseling at their own expense.
- Prohibit abusers from possessing animals or living where animals are present.
Additionally, statutes should be combined with a strong commitment to enforce the law. Police, psychologists and even the FBI recognize the link between animal cruelty and acts of violence toward people. To better protect communities, all states should have strong penalties and should work to educate and increase community awareness of the significance of animal cruelty crimes.
Counseling Provisions in Animal Cruelty Laws: Where Does Your State Stand?
Twenty-eight states now either mandate or permit psychological counseling for those adjudicated on animal cruelty charges. The treatment of animal abuse deserves the same kind of professional attention and oversight as the treatment for other offenses, such as domestic violence, child abuse, sexual deviancy, and substance abuse. The good intentions of counseling provisions can be lost, or even counterproductive, if the language of the provision does not coincide with professional standards for the field of animal abuse treatment.
A good counseling provision in an anti-cruelty law should:
- Require an evaluation and recommendation for treatment by a licensed mental health professional that has training in the assessment and treatment of animal abuse
- Specify that counseling should be in addition to any other terms and conditions of probation, including any term of imprisonment and any fine.
- State that counseling be a mandatory additional term of probation and is not to be utilized as an alternative in lieu of imprisonment, when such a sentence is appropriate. In addition, a good counseling provision should NEVER specify the form of treatment, e.g., anger management, community service, or another method. Only a proper evaluation of the individual by a trained mental health professional can determine the most suitable treatment. In many, if not most, cases, anger management would be inappropriate and counterproductive.
The PDF document below provides a summary of state penalties for animal cruelty. For more information, a copy of your state's statute, or for tips on how to make your state's law more effective, please contact The HSUS Government Affairs Section at 202-452-1100 or email legislation@hsus.org.
State animal cruelty laws (PDF)
Map of states with felony-level penalties for animal cruelty (PDF)
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