Create Felony Penalties in SD for Malicious and Intentional Acts of Cruelty Against Animals
Malicious and intentional acts of animal cruelty against a dog, cat or horse should be a class 6 felony in South Dakota punishable by two years in prison or a $4,000 fine, or both. Passing felony animal cruelty laws for companion animals is a crucial step in deterring violent offenders, ensuring community safety, and protecting pets.
Forty-nine states have laws making certain types of animal cruelty a felony and only South Dakota is left. (State-by-State list)
In a survey of over 1,000 representative U.S. households, 85% of those responding thought it was either “very important” or “important” to protect animals from cruelty. (2006)
In South Dakota state law, the same level of penalty applies whether someone neglects to provide adequate food for an animal or maliciously stabs, tortures and kills that animal.
Neighboring states have had these laws on the books for 10 to 20 years and these states still enjoying a viable Ag economy. The proposed language will exempt traditional Ag practices as well as hunting and fishing.
The table below compares SD’s current laws for torturing a pet to those in neighboring states (data gathered from ALDF, Pet Abuse.com, The HSUS, ASPCA, and official state statute websites).
There is a proven link between animal cruelty and human violence, acts of malicious and intentional cruelty against an animal should be taken seriously, the state should appropriate prison time, fines should be mandated and counseling offered for these violent offenders.
Horrific acts of animal cruelty don't happen often but when they do, appropriate state laws should be in place to ensure prosecutors have the tools in place to deal with violent offenders and the perpetrators get a mental health evaluation & counseling (if appropriate) so they will not go on to harm humans.
Forty-nine states have laws making certain types of animal cruelty a felony and only South Dakota is left. (State-by-State list)
In a survey of over 1,000 representative U.S. households, 85% of those responding thought it was either “very important” or “important” to protect animals from cruelty. (2006)
In South Dakota state law, the same level of penalty applies whether someone neglects to provide adequate food for an animal or maliciously stabs, tortures and kills that animal.
Neighboring states have had these laws on the books for 10 to 20 years and these states still enjoying a viable Ag economy. The proposed language will exempt traditional Ag practices as well as hunting and fishing.
The table below compares SD’s current laws for torturing a pet to those in neighboring states (data gathered from ALDF, Pet Abuse.com, The HSUS, ASPCA, and official state statute websites).
There is a proven link between animal cruelty and human violence, acts of malicious and intentional cruelty against an animal should be taken seriously, the state should appropriate prison time, fines should be mandated and counseling offered for these violent offenders.
- Acts of intentional cruelty are often some of the most disturbing and violent offences and should be considered signs of serious psychological problems. People who abuse and kill animals are more likely to target human victims.
- Animal cruelty is a predictor and indicator of violent crimes, domestic violence and child abuse. In a 20 year study, 70% of animal abusers were found to have then committed other crimes and 44% went on to harm people. (Arluke, A. & Luke, C. 1997)
- Researchers found that there was animal abuse in 88% of families who were under State supervision due to the physical abuse of their children. (DeViney, Dickert & Lockwood, 1983)
- 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".
- This is demonstrated in a current Mitchell case of a man accused of assaulting his daughter at gun point after killing her dog: http://www.keloland.com/newsdetail.cfm/sd-man-pleads-not-guilty-to-kidnapping-daughter/?id=138389
- State and national surveys of domestic violence victims consistently find that as many as 71% of battered women report their partners threatened, or killed, the family pet. (Ascione, 1995)
Horrific acts of animal cruelty don't happen often but when they do, appropriate state laws should be in place to ensure prosecutors have the tools in place to deal with violent offenders and the perpetrators get a mental health evaluation & counseling (if appropriate) so they will not go on to harm humans.
