Case Highlights Idaho's Weak Animal Cruelty Laws

The Humane Society of the United States, the nation's largest animal protection organization, wrote to Idaho Attorney General Lawrence Wasden today, calling for aggressive investigation and prosecution, if warranted, of a case involving animal cruelty charges against a Teton County Sheriff's Department deputy. The HSUS, which monitors incidents of cruelty across the United States and provides input to prosecutors in more than 200 cases annually, offered the attorney general its support and resources. The HSUS believes the case highlights the need for stronger animal cruelty laws in Idaho. 

The Case:

Media reports give the following account: Deputy Joseph Gutierrez was charged with misdemeanor animal cruelty April 28 after the attorney general said he shot a dog named Bobby three times with a rifle on Nov. 12, 2007. Gutierrez reportedly went to Bobby's home, told Bobby's owner that his dog was a menace and, after asking his owner to tie him to a pole outside his house, allegedly fired three shots at the 5-year-old black Labrador retriever mix. The shooting reportedly took place in front of Bobby's owner and in front of children who had just gotten off a school bus that had stopped nearby. Bobby ultimately survived. Gutierrez was placed on paid leave after the alleged shooting, and reportedly resigned from the department, effective May 2.

The HSUS supports a full investigation into the allegations in the Teton County case, and the aggressive pursuit of appropriate charges as warranted by the evidence. 

Animal Cruelty:

Getting the serious attention of prosecutors in cases involving allegations of animal cruelty is an essential step in protecting community safety. The connection between animal cruelty and human violence is well documented. Studies show a correlation between animal cruelty and all manner of other crimes, from narcotics and firearms violations to battery and sexual assault. Strong, carefully considered sentencing that includes incarceration, psychological treatment, and a ban on pet ownership is the most effective available tool for reducing recidivism and interrupting the cycle of criminal behavior.

Idaho Law:

"Idaho legislators proved this year that they can be tough on crime by making dogfighting a felony offense," said The HSUS' Deputy Manager for Animal Cruelty Issues Dale Bartlett. "But the Idaho anti-cruelty law remains one of the nation's weakest and because of this, allegations as heinous as intentionally killing a family pet can only be prosecuted as misdemeanors."

Prior to the 2008 legislative session, The HSUS ranked Idaho’s animal cruelty law the third weakest in the nation behind Utah and Mississippi. At this time, Idaho was one of only seven states with no felony animal cruelty provisions. During the 2008 legislative session, Idaho became the 49th state to enact felony penalties for animal fighting, but did not enact any laws that would strengthen the state’s animal cruelty laws. The maximum penalty for a first offense animal cruelty conviction in Idaho is six months in jail and/or a fine up to $5,000. On a third conviction, the maximum penalty is up to one year in jail and/or a fine up to $9,000. In other states' 2008 sessions, Utah and Alaska enacted felony animal cruelty laws, leaving only five states without such provisions. Those states are Arkansas, Idaho, Mississippi, North Dakota and South Dakota. 

Resources:

The HSUS Animal Cruelty Campaign raises public awareness and educates communities about the connection between animal cruelty and human violence while providing a variety of resources to law enforcement agencies, social work professionals, educators, legislators and families. The HSUS offers rewards in animal cruelty cases across the country and works to strengthen laws against animal cruelty. Visit: humanesociety.org/cruelty.

The HSUS employs experts on the legal, psychological, political and social aspects of animal cruelty. Information is also available at humanesociety.org/cruelty. To speak with an animal cruelty expert, contact HSUS Public Relations Specialist Pepper Ballard at 240-751-0232 or pballard@humanesociety.org. 

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The Humane Society of the United States is the nation's largest animal protection organization — backed by 10.5 million Americans, or one of every 30. For more than a half-century, The HSUS has been fighting for the protection of all animals through advocacy, education and hands-on programs. Celebrating animals and confronting cruelty — On the web at humanesociety.org.