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Home > Animal Cruelty Law > Animal Cruelty Charges May Arise From Failing to Provide Appropriate Veterinary Treatment for a Sick Animal

Animal Cruelty Charges May Arise From Failing to Provide Appropriate Veterinary Treatment for a Sick Animal

March 26th, 2010 Leave a comment Go to comments

Could One Face Criminal Animal Cruelty Charges for Denying Medical Treatment to a Sick Dog?

Animal Cruelty Charges Arise from Refusing to Obtain Veteriary Care

In a recent case, a man in Tampa, Florida was arrested and charged with animal cruelty for allowing his two dogs to suffer life-threatening injury and disease and then refusing to obtain appropriate medical treatment for them. 

One of the dogs was struck by a car and injured, but the man failed to seek veterinary care for its wounds even after being advised by a doctor that the dog needed treatment.  The other dog was suffering from a potentially fatal uterine disease; however, the man refused to get care and treatment for her, resulting in the dog growing emaciated. 

The dogs were reported as being abandoned.  Following an investigation, the man, Peyman Boroujeni, was charged with two counts of third-degree cruelty to animals under Florida law.

Florida’s Felony Animal Cruelty Law

The crime with which Boroujeni was charged is third-degree felony cruelty to animals under section 828.12(2), Florida Statutues.  The statute provides:

A person who intentionally commits an act to any animal which results in the cruel death, or excessive or repeated infliction of unnecessary pain or suffering, or causes the same to be done, is guilty of a felony of the third degree.

Florida courts have emphasized that felony animal cruelty requires an intent to commit the act that results in the cruel death or excessive or repeated infliction of unnecessary pain or suffering.  The crime does not require an intent to cause the death or suffering, only the intent to commit the act that results in the death or unnecessary suffering of the animal. 

Accordingly, in order to convict a defendant of third-degree cruelty to animals in Florida, it is not necessary to prove that the man intended for the dogs to suffer.  The prosecution must merely prove that he intended to do the act (refusing to get medical treatment) that resulted in their unnecessary suffering.

Mere negligent behavior that results in the death or unnecessary suffering of an animal amounts to a first degree misdemeanor under section 828.12(1), Florida Statutes.

Third-degree cruelty to animals is punishable in Florida by up to five years in prison and a $10,000 fine.

Disclaimer:  This article is in no way intended as legal advice.  For help with specific legal issues surrounding Florida’s animal cruelty laws, or the laws in your jurisdiction, please contact an attorney in your local area.

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Categories: Animal Cruelty Law
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