Widely share this MUST READ! You will understand better what Ohio law is for animal cruelty and why we need to work together for the enactment of stronger, legal protections for our dogs, cats, and people at risk! Excellent points were contributed by Ohio state Representative Ron Gerberry, Steffen Evan Baldwin of ACT of Ohio, and Mary OConnor Shaver of OVCA, great advocates of companion animals! WARNING: The examples of Ohio court cases at the end may be disturbing! A man accused of dismembering a pug could face prison time in nearly every state in the nation, but Ohio isnt one of them. Ohio remains one of only seven states that doesnt punish egregious acts of animal cruelty with a felony on the first offense, Ohio was listed 30th in animal cruelty laws. Were not the worst. Were right around the middle, to be honest. For almost all cases, animal cruelty is a misdemeanor, said Steffen Baldwin, president and CEO of the Animal Cruelty Task Force of Ohio, which helps train rural humane agents to spot animal abuse. Under Ohio law, torturing an animal by depriving it of food or water, beating it in an unnecessarily or cruel way, or needlessly mutilating or killing it is a second-degree misdemeanor, punishable by up to 90 days in the county jail and a $750 fine. If that animal is a companion animal, defined as an animal kept inside or a dog or cat regardless of its living situation, the charge is increased to a first-degree misdemeanor, punishable by up to six months in prison and a $1,000 fine. Subsequent offenses can be charged as fifth-degree felonies, which could result in prison time, but that is rare. The last time someone was sentenced to prison for animal cruelty was 2003, according to prison records. Animal advocates and some lawmakers want to change that by making animal cruelty a felony offense. It will definitely be a big deterrent for individuals who are giving consideration to hurting animals. That is going to be something no one is going to want on their record when they are applying for a job, said Mary OConnor-Shaver, a member of the steering committee for Ohio Voters for Companion Animals. However, a bill to make animal cruelty a fifth-degree felony passed the Ohio House of Representatives 84-8 last session, only to die in the state Senate. Another proposal to make bear baiting and cockfighting felony offenses saw no action. A proposed law to force animal abusers to seek counseling received no vote in committee. The most recent victory, called Nitros Law, was introduced into three general assemblies before it passed. The law was named for a Rottweiler who died of starvation at a Youngstown kennel along with other dogs; the owner was convicted on misdemeanors. The law allows kennel owners to be charged with felony animal cruelty for abuse or neglect. Rep. Ron Gerberry, D-Austintown, who sponsored Nitros Law, said prosecutors should be able to decide if animal cruelty warrants a felony offense. He suspects his colleagues in the Senate disagree because prisons are already overcrowded. The lawmaker concedes hes not a lawyer, but said he thinks most people would agree with him that animal cruelty should be penalized. We think one of the big reasons is special interest groups and agriculture business fear if we strengthen laws for companion animals that could spill over into agriculture sector or wild animals, OConnor-Shaver said. Its slippery slope argument. It could impact industries that many people have been employed in. But Dr. Leah Dorman, senior director of animal and food policy at the Ohio Farm Bureau Federation, said farmers are opposed to animal cruelty. Voters already created the Ohio Livestock Care Standards Board to police the care of farm animals, which require different food and shelter than cats or dogs. Animal cruelty is absolutely unacceptable for any species, said Dorman, who also is a veterinarian. Even if animal cruelty became a felony, other obstacles could prevent the law from protecting pets. Under current sentencing statutes, most fourth- and fifth-degree felony convictions do not result in prison time, said Baldwin, with the Animal Cruelty Task Force. Proposed legislation to return judges discretion on lower level felonies also failed last session. Humane agents also need more support to investigate animal cruelty, Baldwin said. A bill that would require humane agents to complete training at the countys expense and allow contracting with agents across counties passed the House 98-0 but got no vote in the Senate. Better enforcement and better penalties would be a deterrent for potential animal abusers, Baldwin said. case studies Name: Erin M. Sanders •Location: Lancaster •The case: On Sept. 10, 2014, Erin Sanders, 26, allegedly slit the throat of his 2-year-old black lab/pit bull mix, Oscar, then wrapped the dogs body in a piece of carpet. The Lancaster Police Department reported finding the dog in the trunk of Sanders car. Sanders reportedly told police he killed the dog because he could only keep one pet after new carpet was installed at his residence. •Possible penalty: Sanders was charged with cruelty to animals, a second-degree misdemeanor, and pleaded not guilty to the offense. If convicted, he faces up to 90 days in county jail and a $750 fine. Name: Harley J. Paynter •Location: Newark •The case: On Dec. 17, 2014, Harley Paynter, 19, allegedly mutilated a pug who belonged to the family he was visiting. The small dog was gutted and only portions of the body have been located, according to the Newark Division of Police. •Possible penalty: Paynter was charged with cruelty to animals, a first-degree misdemeanor; underage consumption, a first-degree misdemeanor; and drug abuse, a third-degree misdemeanor. Paynter initially pleaded guilty to those charges but has since rescinded that plea. If convicted, Paynter faces up to six months in county jail and a $1,000 fine. Name: Justin C. Smith •Location: Zanesville •The case: On June 26, 2012, Justin Smith, then 32, killed a mixed breed dog named Midnight by slitting the dogs throat with a box cutter. Smith told the Zanesville Police Department he killed the dog to get his girlfriends attention because he wanted her to leave his house. •Penalty: Smith was sentenced to 240 days in jail for cruelty to animals, a first-degree misdemeanor, and resisting arrest, a second-degree misdemeanor — the maximum penalty for those offenses. Six months later, he was given the option to serve the remaining time on house arrest. Name: Virginia Secrist •Location: Washington Township, Sandusky County •The case: On July 27, 2012, humane agents seized 14 animals from Virginia Secrist, then 76. She admitted to dragging a miniature donkey behind a tractor for nearly a mile. Other animals, including horses and goats, were mistreated. •Penalty: Secrist spent no time in jail for 14 counts of animal cruelty, all misdemeanor offenses. The judge sentenced her to 60 days in county jail but suspended them all. She was banned from having animals for 10 years and forced to pay $203 for the donkeys medical costs. Join our FB groups today - Animal Cruelty Task Force of Ohio, Josephs Legacy, Justice for Joseph, Nitros Ohio Army, Ohio Coalition for Dog Advocates, Ohio Voters for Companion Animals, and Paws and the Law.
Posted on: Sat, 24 Jan 2015 12:12:42 +0000
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