Animal Abuse | Penal Code § 597

Description

The crime of Animal Abuse takes place when an animal is the victim of cruel treatment or neglect. This is generally defined as deprivation of food, water, shelter, veterinary services or overworking an animal. Although animal cruelty does exists, unfortunately political pressure and activism often lead to hasty police investigations and overzealous prosecutions. As law enforcement agencies are typically not present to witness these violations, the public is encouraged to report instances of animal cruelty. Animal rights organizations have on-line reporting pages available to the public. Some examples of Animal Abuse are leaving an animal alone for weeks at a time or caged animal without access to sufficient food or water or an accumulation of animals in excess of care conditions or killing puppies or kittens.

What does the prosecutor have to prove?

1. Defendant maimed, militated, tortured, wounded, or killed a living animal
2. Defendant acted maliciously. [Cal Crim No. 2953]

Punishment

Felony: 16 months/ 2 years/ 3 years
With probation 0-364 days
Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	Yes
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	Yes
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	May
Is this charge considered a “aggravated felony” for immigration purposes?	May
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No