Crime against animals

sciri · Feb 1, 2010

Suppose a person's pet is murdered and the police suspect she (the owner) did it, would they take her in/book her? I don't have pets so I don't know much about the law around it, but would it be treated as "murder" or is the pet considered the owner's personal "belongings" and hence the police wouldn't do anything about it?

Thanks!

blacbird · Feb 1, 2010

It would definitely not be "murder". It could be "animal cruelty".

caw

Collectonian · Feb 1, 2010

It would generally be considered animal cruelty, versus murder (unfortunately). What the police would or wouldn't do about strongly depends on the actual location. In New York, for example, where the animal control folks are full fledge cops with guns, they will arrest the person. In more rural areas that may just have basic animal control service, they may not do anything at all.

Polenth · Feb 1, 2010

It depends on where you live and what kind of animal. In most countries with animal protection laws, it's illegal to torture an animal to death if it's a species covered by the laws.

Generally, invertebrates don't get legal protection (except cephalopods in some countries). Fish and reptiles sometimes get protection and sometimes don't. Mammals and birds almost always get protection.

It isn't usually illegal to kill a pet though. It'd have to be clear the animal was ill-treated or tortured. Otherwise, people wouldn't be able to raise animals for food. Nor would you be able to take an animal to be 'put to sleep' at the vets.

justAnotherWriter · Feb 2, 2010

In NYC they would probably not arrest unless the circumstances were something way worse than normal. But really, all you have to do to thwart the ASPCA cops is not answer your door. The typical course of action is a summons. If an arrest is made, the perp is released pretty much immediately and gets a court date.

According to the law, animals are property.

However, god forbid you should try to bury your pet on your own property in NYC, then the might of the law will descend upon you with righteous fury.

You have to love NYC.

(no, you don't, really)

sciri · Feb 2, 2010

Thanks for the help. My story takes place in a rural area in Colorado, and the pet is a cat. I'm thinking they would take her in for questioning but then let her go because they don't have much on her... Would that fly? Thanks!

Snowstorm · Feb 2, 2010

Maybe sciri. I can't recall the state that a person could kill an animal legally as long as they did it humanely--which makes sense.

Collectonian · Feb 2, 2010

I could only see them taking her in for questioning if they suspected her of something else and just wanted to harass her, and even then it might be a stretch. If it were someone else's animal, it would be more likely, or an animal involved in a domestic dispute. Now, if she filed a report that her animal was killed, then they suspect she did it, they might question her regarding the filing of a false report, but again, primarily if they just wanted to harass her.

sciri · Feb 2, 2010

So then you think they wouldn't do anything, just eye her suspiciously, maybe have her name down in case she comes up for something next time?

veinglory · Feb 2, 2010

In many states you cannot legally kill your pet, they must be euthanised by a veterinarian.

Collectonian · Feb 2, 2010

It depends on the circumstances, but in a rural area especially, probably not. Colorado statutes do not consider it cruelty to kill an animal, unless it is done "needlessly". Part of the issue with animal cruelty laws, however, is the books make them sound like serious crimes, but all too often they are ignored and just minimally enforced, especially outside of larger cities where there is usually less publicity over cruelty cases. It might be good for the OP to search some Colorado newspapers for animal cruelty stories to see what was done in those.

veinglory · Feb 2, 2010

In Colorado she would still need to use a method from the AVMA Guidelines on Euthanasia, other methods would likely be deemed cruel. They might procede with an investigation as a method to look more into what she is up to, if they are suspicious.

hammerklavier · Feb 2, 2010

They would probably ask their questions there, poke around (as much as they can without getting a warrent, so as much as your character allows them to) maybe ask any neighbors that are convienient; then, not finding enough evidence, would drop the matter.

This obviously differs from murder investigations where any dead person, if cause of death is not clear, receives an autopsy. If it looks like murder, then a full scale investigation is opened. With animals, you generally have to have either 1) a witness, or 2) obvious signs of neglect or torture.

sciri · Feb 2, 2010

Thanks, that's very helpful.

abctriplets · Feb 2, 2010

hammerklavier said:
They would probably ask their questions there, poke around (as much as they can without getting a warrent, so as much as your character allows them to) maybe ask any neighbors that are convienient; then, not finding enough evidence, would drop the matter.

Yeah, especially since you said this was a rural neighborhood, and the police didn't have much in the way of evidence. And the fact that its a cat. Why would the police care? Someone had reported that her cat had mysteriously vanished? That's sort of what cats do.

Now if someone reported seeing her with a cat on a butcher's block in the backyard, then they'd poke around for evidence (but even then, without a bloody mess, it'd be one neighbor's word against another...over a cat).

Of course, if she answers the door in a new calico fur hat...

sciri · Feb 2, 2010

abctriplets said:
Now if someone reported seeing her with a cat on a butcher's block in the backyard, then they'd poke around for evidence (but even then, without a bloody mess, it'd be one neighbor's word against another...over a cat).

Actually, she calls the police herself because she finds her house in a bloody mess... and then the police finds the murdered cat and evidence against her...

veinglory · Feb 2, 2010

If a woman, especially living alone called cops because her house was messed up and her pet killed--it would have to be pretty strong evidence pointing to her for the police to think it was not a lover, ex or stalker.

sciri · Feb 2, 2010

Good point. Suppose it's not that strong, but then there's nothing else pointing to lover/stalker... then they grill her a little in her house and then drop it? And in the meantime, because it's a small town, rumors start going around about her being a lunatic... I think it's reasonable, right?

Thanks.

veinglory · Feb 2, 2010

IMHO any experienced cops are going to assume its some guy in her life, or local freak. It is just so commonplace, where as violent animal abuse by woman is relatively rare. Part of the evidence that it isn't her is that she called them.

Canotila · Feb 2, 2010

If she reported her cat's death under the circumstances you describe, then the police would be investigating a case of some dangerous lunatic breaking and entering, vandalizing, and animal cruelty.

Animals are property under law, so if someone kills your animal they only have to reimburse you the monetary value of the animal. The only exception are service animals (like a seizure alert animal, seeing eye dog, police dog, bomb sniffing dog, etc.) Harming/killing a service animal is a felony in most states.

As for the rumors, that's pretty reasonable regardless of what the police think. If she's kind of an outsider in the town, and especially if people were already saying weird things about her. It could just start with the neighbors seeing a bunch of cops descend on her home and roll from there.

veinglory · Feb 2, 2010

I would suggest considering a scenario where she comes home, fimds a horror show, screams--and maybe a passerby calls the police while she is still in shock? Then she might look a little more guilty?

Collectonian · Feb 2, 2010

Have to echo the others. Unless these are the worlds most inept cops or they have a personal vendetta against her, they would not look at her, certainly not right off the bat. They would investigate it seriously as a breaking/entering, possible stalking. Now neighbors gossipping...well, people do love to do that and twist anything they can, so they could do that.

If its important to the story that the police begin to doubt the incident at the house was legit, only thing I could think of would be someone dropping an "anonymous" tip later saying they are wasting their time because she did it herself for X, Y reason and they know because they saw her killing the cat or something.

abctriplets · Feb 2, 2010

I'm still having trouble with this (though believe the solution is out there). If she has cops in the house questioning her, her kitchen is covered in the blood of her own dead cat, I still don't see rumors surfacing in the neighborhood that she did it herself. Rumors would either be a stalker on the lose, or a pet-murderer is out there and people should keep their pets inside. There'd have to be a lot of other non-related evidence for the town to paint her as a lunatic.

And that's just the town. I'm not sure what it would take for the police to consider her a suspect. The posited scenario of her coming home and screaming, and a neighbor calling the cops would still end the same way.

Maybe if she's an attention seeker. The boy who cried wolf sort of scenario. Repeated calls to the cops. Bigfoot sightings. Claims her exhusband was abducted. Etc. Or similar scenario where she suffers from munchausen syndrome. Only now you have a wanton act of animal cruelty?

sciri · Feb 2, 2010

Yes, sorry, I've skipped a little of the details because this is just one scene in the middle of a ~100K novel, but yes, she is that kind of person. And this is supposed to be the last straw at which she loses her credibility....

Snowstorm · Feb 2, 2010

If your story occurs in a specific (real) place, have you considered calling the police or sheriff's departments? You can toss them the scenario and they can tell you, from their perspective, what likely would happen.

Crime against animals

Maxine Fan

Inclined to eclectic eccentricity

Mushroom

Maxine Fan

Baby plot bunneh sniffs out a clue

Inclined to eclectic eccentricity

Maxine Fan

volitare nequeo

Inclined to eclectic eccentricity

volitare nequeo

It was a dark and stormy night

Maxine Fan

Maxine Fan

volitare nequeo

Maxine Fan

volitare nequeo

Sever your leg please.

volitare nequeo

Inclined to eclectic eccentricity

Maxine Fan

Baby plot bunneh sniffs out a clue