Animal Neglect
Animal neglect laws are sometimes referred to as "adequate care"9 laws, and by either name, they carry the lowest penalties.10 Neglect can be either simple or gross.11 Simple neglect is a lesser crime and carries less severe penalties. Depending on the facts, gross neglect can rise to the level of cruelty. Almost every state has laws prohibiting neglect that provide protections only for companion animals, or domestic pets.12 Dogs and cats are always protected, and in some states other small mammals, birds, and reptiles, including exotic species, are also protected.13 Definitions of companion animals typically exclude all agricultural animals and research animals.
Neglect laws usually prescribe the minimum conditions the animal owner must provide in the way of care. Therefore, neglect can be most easily proven based on an owner’s failure to provide a required item—typically food or water, though neglect can be based on inadequate living conditions and other factors discussed below.14 The standards are often similar to what guardians are required to provide children—the fundamental provisions needed to survive in a healthy condition. Simple neglect, or the failure to provide adequate care, is usually punished by fine only, while the penalty for gross neglect can include jail time. However, in some states, multiple offenses of simple negligence may result in minimal jail time. Also, some laws allow the court to ban abusers from owning or harboring animals in the future.
Neglect laws usually specify what an owner has to provide for the animal and include definitions of those requirements. For instance, adequate food is generally considered to be that which is of sufficient quantity and nutritional value to maintain the animal in good health.15 Many states take into account the animal’s age, species, condition, and size in establishing the requirements.16 For instance, feeding hard kibble to a senior dog with deteriorated teeth may not be adequate. Food must also be provided in a clean and sanitary manner, meaning free of dirt, pests, excrement, and the like. Finally, most states require food to be given at least once per day.17
In one Virginia case, a dog starved to death because its food was on top of a cage where the dog could not reach it.18 The owner went out of town for weeks and had no one check on the dog. In a notable case from Richmond, Virginia, a dog starved because it was only fed table scraps. In another case, a dog was starved because only moldy bread was available for food. The dog measured a three on the body condition score (BCS) scale used by veterinarians of one through nine, which showed that the dog was not eating the bread.19
Like adequate food, adequate water is usually defined in the code. Adequate water is typically defined as water that is present, accessible, and potable. Potable water is considered to be that fit for human consumption.20 Water must be provided in sufficient volume at suitable intervals appropriate for the weather and temperature. For instance, in the winter the water cannot be in the form of ice or snow. The water must be available in liquid form. Adequate water must maintain normal hydration for the age, species, condition, size, and type of animal. It must be provided in clean, durable receptacles that are placed so as to minimize contamination of the water by excrement and pests. The specific conditions should be considered when assessing an animal’s water. For example, an animal that is chained outside all the time needs more water than one living in an air-conditioned home.
Many neglect laws also include requirements around appropriate space and shelter.21 In fact, many states combine adequate space and shelter definitions into one requirement or definition. In part, because companion animals are often kept outside, clear definitions of adequate space and shelter are imperative to ensuring the provision of adequate care.22 Adequate space can be defined as an area sufficient to allow the animal to comfortably stand, sit, lie, turn around, and make all other normal body movements.23 The space must also be safe and protect the animal from injury, inclement weather, direct sunlight, physical suffering, and any impairment of health.24 The code may also contain requirements with respect to appropriate lighting.25 Under many adequate shelter definitions, shelters with grid, wire, or slat floors (i) permit the animals’ feet to pass through the openings, (ii) sag under the animals’ weight, or (iii) otherwise do not protect the animals’ feet or toes from injury are not allowed.26 The shelter may not be ramshackle or decrepit, and must be properly cleaned, and allow the animal to remain clean and dry. In addition, adequate space means that the animal is able to interact safely with other animals present in the enclosure. In hoarding cases, for example, animals maintained in overly cramped quarters will fight each other for resources.
In a very recent case, animal control seized seven pigs and twenty hunting dogs which were living in a literal soup of feces and mud. The conditions were some of the worst that seasoned officers had seen. In another instance, Chihuahuas were left out on an extremely cold night with a large doghouse that did not provide insulation or allow them to benefit from body heat. Ultimately, the dogs were seized because the owner refused to relocate them to appropriate shelter. In one case, a black Labrador Retriever puppy was left outside on a particularly hot day. The puppy had an igloo doghouse which was located in full sun, and not protecting the dog from the heat. Rather than seizing the animal, local animal control officers helped the owner erect a tarp above the house to bring the temperature down. Animal control officers educated the owner about adequate care laws, and the requirements related specifically to adequate shelter, and explained that the law prohibits leaving the dog outside when the weather is not appropriate.
What is considered to be adequate shelter varies depending on the animal. For example, a black dog with a thick coat will become overheated more quickly than many other breeds. In another case, a puppy was kept in a metal crate inside a thin child size tent with no insulation or bedding when the temperature was in the teens. Luckily, a rescue group was able to convince the owners to let them take the puppy to safety. Animal control should, and often does, take proactive steps to ensure proper shelter and protection from the elements. Recently, in advance of a deep freeze, officers educated owners of outdoor animals about adequate shelter laws in advance of a deep freeze and assisted in moving the animals to safety. If, after being made aware of the requirements, an owner is reluctant or obstinate, the law requires action on the part of the officer.
In many jurisdictions, especially in rural areas, dogs may be lawfully chained outside, and there are no restrictions with respect to location, length, or composition of the tether. A person can lawfully keep a dog outside at all times, dragging a short, heavy chain, and the dog can become entangled with surrounding objects. Tethering requirements, when present, are often codified at the city or county level. In the absence of a tethering ordinance, animal control officers and prosecutors can often rely on the adequate space requirement to pursue an inhumane tethering situation. In addition, some laws require the tether to be applied to a collar, halter, or harness to ensure safety. In Lunenburg, Virginia, a man had chained his dog without any collar or harness, and the dog choked himself nearly to death by pulling on the tether. Because tethers and chains can injure an animal, most definitions require the owner to ensure that the tether does not become entangled with objects or other animals or extend over an object or edge that could lead to strangulation. In addition, the tether must, in some states, be configured so as to protect the animal from injury. Tethering can also lead to boredom in an animal, which may lead it to injure itself in the absence of requirements like these. Some definitions also regulate the length of the tether, which is frequently specified in relation to the length of the animal as measured from the tip of its nose to the base of its tail. Some laws limit the amount of time the animal can be tethered. Across the country, there is a growing trend among localities to enact ordinances that are more restrictive than state law.27 Many of the ordinances require a time limit for the dog to be on a tether/chain. For instance, in the City of Richmond, Virginia, you can only chain a dog for 1 hour in a 24-hour period.28
Adequate veterinary care is also a requirement under some state laws, and the failure to provide it is frequently a violation of both animal neglect and animal cruelty laws.29 To be prosecuted, the owner must fail to provide veterinary care when needed to prevent suffering or disease transmission. To defend against such a charge on this basis, the owner must be able to provide documentation that the animal received appropriate medical care. Owners often claim financial hardship as rationale for failure to provide veterinary care, which is not a defense under the law.
State laws may also require an owner to provide adequate exercise.30 Whether or not an animal is receiving adequate exercise is not determined by the weight of the animal, but rather the manner in which it is housed. Adequate exercise usually means that the animal has the opportunity to move sufficiently to maintain normal muscle tone and mass for the age, species, size, and condition of the animal.
Inadequate exercise is frequently seen in animal hoarding cases. In a recent hoarding case, a pit bull had been kept in a small crate with feces and urine at all times. When animal control officers freed him, he ran in circles repeatedly for at least 20 minutes, clearly evidencing inadequate exercise. In another hoarding case at the home of a breeder, Standard Poodles were drenched in feces and urine, and were housed in cages at all times. From a medical exam, a veterinarian documented the lack of normal muscle mass on the dogs.
Dogs kept at commercial breeding facilities and puppy mills do not typically receive adequate exercise. While the puppies are sold quickly, the breeding sire and dam typically remain in cages with painful mesh floors (which allow the excrement to fall to the ground) for their entire lives.
In addition to the requirements and prohibitions set forth in most state laws, neglect cases often rely on the statutory definition of "adequate care” itself. Adequate care has been defined as the responsible practice of good animal husbandry, handling, production, management, confinement, feeding, watering, protection, shelter, transportation, treatment, and, when necessary, appropriate for the age, species, condition, size, and type of the animal.31 Definitions of adequate care will often also require euthanasia when it is necessary to prevent suffering.32
Many states have also codified the meaning of “owner” by statute. Typically, the definition states that the person has a right of property in the animal or is acting as the custodian, caretaker, or harborer.33 A well-drafted definition is expansive enough that a neglector cannot claim, for example, to be a custodian rather than an owner in an effort to avoid prosecution for failing to provide care. If an animal were not provided with appropriate veterinary care, under a limited
Criminal Legal Issues definition of “owner,” only the person who has a property right in the animal would be responsible for the violation.
Veterinarians often evaluate the presence of abuse based on whether or not good “animal husbandry” is being practiced. While originally a concept applied to agricultural animals, its meaning is sometimes codified in companion animal welfare laws.34 An evaluation of animal husbandry includes consideration of the animal’s general health, housing, breeding, and sustenance. In one example of poor animal husbandry, a zebra and donkey were housed with cows, and the cows killed the donkey. In roadside zoos, species that should be kept a significant distance apart are often caged next to each other. This can not only cause the animals distress, but also lead to the spread of disease. In another example, two dogs were tethered to the same chain, and became entangled with each other. Poor animal husbandry is often practiced in commercial breeding operations where several dogs are often kept in one crate. Often, abusers attempt to rely on the defense that their actions complied with standard animal husbandry practices, but expert testimony often refutes this claim.
