The Ohio Supreme Court ruled unanimously on Wednesday that abusing stray dogs or cats is now a felony offense, a decision celebrated by animal advocates in Richland County.
“Just because an animal has been left to fend for itself, it still deserves the same legal protections,” said Missy Houghton, the county Dog Warden.
Linda Chambers, the executive director of the Humane Society of Richland County, noted that the ruling will aid humane agents in conducting investigations. “We receive calls from people asking, ‘There are cats in my yard; can I shoot them?'” Chambers remarked. “It’s not only tone-deaf but horrifying that people would even consider that. Now I can inform them that it’s a felony.”
This case originated from an animal cruelty investigation involving Alonzo Kyles, a Cleveland man who claimed to be afraid of cats. To drive away an 8-month-old kitten, he poured bleach in the basement stairwell of his apartment building. When Cleveland police arrived, they discovered that the kitten had red and swollen paws due to bleach exposure.
Kyles was convicted of a fifth-degree felony for abusing a companion animal and sentenced to nine months in prison. His attorneys appealed, arguing that Kyles should face a misdemeanor instead since the cat was not a pet.
Under Ohio law, the penalties for cruelty to companion animals are increased, with “companion animals” defined as “any animal kept inside a residential dwelling and any dog or cat regardless of where it is kept.” However, the Eighth District Court of Appeals ruled that the kitten did not qualify since it wasn’t “kept” or cared for.
The Ohio Supreme Court disagreed, ruling that the law extends to all dogs and cats. “I’m in complete agreement,” Houghton stated.
Chambers expressed her satisfaction, saying, “That’s fantastic news. People often view strays as discarded.”
Similar legislative changes in Pennsylvania have improved the lives of dogs and cats. As reported by the Erie Times-News, penalties for aggravated animal cruelty were strengthened in August 2017, classifying it as a third-degree felony, punishable by up to seven years in prison. Misdemeanor charges can result in one to two years of jail time.
In Michigan, first-degree animal cruelty can lead to felony charges, resulting in up to ten years of imprisonment, fines of up to $5,000, and up to 500 hours of community service.
Additionally, at least two neighboring states, West Virginia and Indiana, include references to strays in their animal abuse laws. In Indiana, abandoning or neglecting a stray is classified as animal cruelty, a Class A misdemeanor, with penalties potentially enhanced for those with prior animal cruelty convictions. In West Virginia, any action that causes unnecessary suffering to a stray animal is considered animal abuse.
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