Let the Punishment Fit the Crime - animal welfare legislation - Brief Article - Statistical Data Included

Animals, Fall, 2001 by Gus W. Thornton

Readers may not know the name Andrew Burnett, but most will remember what he did: after a fender bender near the San Jose, California, airport last year, he reached into the car of Sara McBurnett and threw her bichon frise, Leo, into oncoming traffic. In a matter of seconds, the small dog was hit and died before his horrified owner's eyes.

The case recently went to trial, and Burnett was found guilty of animal cruelty and sentenced to three years in prison. Handing down his state's maximum sentence, Judge Kevin Murphy noted the defendant's potential to commit escalating acts of violence.

While there can certainly be no happy ending in a case such as this, it does present some encouraging signs for those of us fighting for humane treatment of animals. First is the judge's recognition of the link between animal cruelty and other forms of violence. A 1997 study undertaken by the MSPCA and Northeastern University found that 70 percent of people who committed violent crimes against animals also had records for other crimes. Compared with a control group of their neighbors, animal abusers were five times more likely to commit violent crimes against people, four times more likely to commit property crimes, and three times more likely to have a record for drug or disorderly-conduct offenses.

Also noteworthy is the punishment meted out. California law recognizes animal cruelty as a felony offense with a provision for prison time and mandatory counseling. Unfortunately, in too many other states, the penalties for such vicious acts are woefully inadequate.

More and more, however, state legislatures have begun to take animal abuse seriously. Although they vary widely, the laws of 33 states and the District of Columbia now make certain types of animal cruelty a felony offense. Just this year, Minnesota, Maryland, Nevada, and Maine increased penalties for the crime. In August, Illinois increased its penalties For dog fighting, cruelty, and neglect and mandated psychological counseling for juveniles and animal hoarders (see our March/ April 2000 report on this topic). Texas and Arkansas have also dealt with the need for psychological counseling. Maine passed a bill that has special provisions for killing or torturing an animal with the intent of frightening or intimidating a child, or forcing a child to kill an animal. Louisiana requires government employees to report any incidence of-animal abuse or neglect they uncover while investigating child abuse or neglect.

In our home state of Massachusetts there is still much to be done. Working with the Link Up Education Network, a group that: includes experts on animal abuse, elder abuse, child abuse, and domestic violence, we are reaching out to judges and others to spread the word about the connection between animal cruelty and other forms of violence. The MSPCA is also supporting legislation to help protect animals from mistreatment.

The fact of the matter is that if you threw your own pet into traffic, as Burnett did to Leo, the maximum punishment you could receive in Massachusetts is a $1,000 fine and/or one year in jail. This is because, under this state's law, abusing an animal you own is a misdemeanor; it is only a felony offense when the abuse is directed at an animal belonging to someone else. Bill H. 3066 would change that.

Another bill, H. 3572, would make it easier for law enforcement agents to seize paraphernalia related to animal fighting and to seize animals being bred to fight. A third bill, H. 2202, would help speed the adjudication of abuse cases and safeguard animals seized due to cruelty or neglect; it provides judges with the option to require a defendant to post a bond that covers the costs of the animal's care before the case is settled (the bond is refundable with an innocent verdict). And finally, H. 1437 would require the cross-reporting of animal and child abuse. To find out more about these efforts and how you can support them, call our Advocacy Department--(617) 541-5008--or visit our Web site--www.MSPCA.org--and click "Legislation."

Gus W. Thornton, D.V.M.
President

MSPCA/AHES