11.102 - ABANDONMENT OF ANIMALS

Violations of "Statute 10.102" results in an Class A Misdemeanor

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(a) Definitions

Abandonment of Animals refers to the act of intentionally leaving an animal in an environment where it is unable to fend for itself, with no reasonable means of sustenance, shelter, or protection, leading to harm, neglect, or potential death. This offense includes, but is not limited to, leaving pets or livestock in places such as streets, parks, vacant properties, or other locations where the animal cannot obtain necessary resources such as food, water, or medical care.

(b) Elements

To establish the offense of abandonment of animals, the prosecution must prove beyond a reasonable doubt the following elements:

1. The defendant knowingly abandoned the animal, meaning they intentionally left the animal in an unsafe environment or failed to provide for its basic needs.

2. The animal was left in an environment where it was not likely to survive or receive appropriate care (e.g., leaving the animal in an empty house, on a busy street, or in a location far from help).

3. The defendant had legal ownership or responsibility for the animal, and was required to care for or provide for its needs under the law (e.g., a pet owner, farm owner, or guardian).

4. The abandonment resulted in harm or potential harm to the animal, including starvation, dehydration, exposure to the elements, injury, or death.

5. The defendant did not take reasonable steps to ensure the animal would be properly cared for after being abandoned, such as rehoming the animal, taking it to an animal shelter, or notifying authorities.

(c) Defenses

Defenses against a charge of abandonment of animals may include:

1. Emergency or Unforeseen Circumstances: The defendant can show that the abandonment was due to an emergency situation (e.g., personal injury, health issues, or sudden life events) and that they were unable to arrange proper care for the animal.

2. The Animal Was Not Abandoned: The defendant can argue that the animal was left in a location temporarily, with the intention of returning or securing proper care for it.

3. No Ownership or Responsibility: The defendant can claim they were not the legal owner or responsible party for the animal at the time of the abandonment, and therefore did not have the obligation to provide care.

4. Animal Escaped or Strayed: The defendant can argue that the animal escaped or wandered away on its own, and that no intent to abandon the animal was involved.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

1. Intentional Harm: The defendant intentionally caused harm to the animal by abandoning it in a dangerous or harmful environment, such as a busy highway, extreme weather conditions, or an area with known predators.

2. Repeat Offender: The defendant has a history of animal neglect, abuse, or abandonment, showing a pattern of disregard for the well-being of animals.

3. Vulnerable Animal: The defendant abandoned a young, elderly, sick, or injured animal, making the abandonment especially cruel or harmful.

4. Abandonment Leading to Death or Severe Injury: The defendant’s actions led directly to the animal’s death or severe injury, or created a situation where the animal’s survival was impossible without immediate intervention.

5. Multiple Animals Abandoned: The defendant abandoned more than one animal, demonstrating a gross neglect of responsibility for their care.