Mississippi Senate Bill 2623 (SB2623)…What If…
Thursday, February 25th, 2010What If…
Mississippi Senate Bill 2623 (SB2623), which creates a felony statute for the malicious and aggravated torture or abuse of dogs and cats, passed in the Mississippi Senate by an overwhelming majority and is now before the House Agriculture and Judiciary B Committees. This bill is a moderate but effective resolution to an issue that has been debated in the Mississippi Legislature for over a decade. It contains well-written exemptions for legitimate and incidental acts, while addressing clearly unjustifiable, deliberate and malicious acts of cruelty. This bill has the full support of the Mississippi Psychiatric Association, the Mississippi Law Enforcement Officers’ Association and the Mississippi Association of Chiefs of Police, along with others who understand and are concerned about the relationship between abuse of animals and abuse of vulnerable adults and children. This legislation will provide the law enforcement community with a tool to identify emerging violent offenders. In addition to the felony statute, the bill provides the opportunity for the court to order psychiatric evaluation and treatment for the abuser, restitution to the animal owner and restitution to the investigating law enforcement agency. For youthful offenders in particular, psychiatric treatment is our last opportunity to stop the destructive behavior of malicious animal abuse before it escalates to violence against people.
All of that said, there are still those who ask “What if?” What if I hit a dog with my car while driving down the street? What if I find a dying animal on the side of the road and kill it to put it out of its misery? What if a dog is chasing, tormenting, or attacking my livestock? What if I feel threatened by a dog and take action to protect myself? The answer to all of these “what ifs” is the same. They are all covered in the exemptions within SB2623. In order to be charged with a felony, you must, with malice, torture, maim, or commit aggravated cruelty against a dog or cat. This is largely a matter of common sense. After all, Mississippi has a misdemeanor cruelty law in place for dogs and cats, but I have yet to see someone convicted of accidentally hitting a dog with his or her car.
Here are the “what ifs” that I don’t hear. What if someone decides to light their dog on fire because they are angry that she came home after being dumped in the country when she was no longer wanted? What if someone decides to kill your dogs to exact revenge on you? What if someone shoots your pet, on your property, because he wants to test out his new gun and see if he can hit your dog from his yard, and then he brags about it in front of his foster children? What if someone purposely kills your guide dog? What if someone decides to brutally torture and kill his dog in order to practice and gain confidence to commit a crime against a human being? What if your estranged boyfriend decides to cut off your cat’s feet and make a keychain out of them or breaks into your home and decapitates your dog in order to “get back at you”? What if someone breaks into a local animal shelter and beats five dogs to death with a hammer? What if your neighbor beats your puppy to death with a shovel in front of your child? What if someone steals your dog and you later find her, bound at the legs with a coat hanger, bloody, mangled, tortured, and dead?
Sadly, these aren’t just “what ifs.” They are actual animal cruelty cases in Mississippi over the last few years. Would they all be felonies? Maybe or maybe not. A prosecutor and judge would need to determine that based on the merits of the case. The point is that those prosecutors and judges should have, in the most egregious cases of aggravated torture, the option of a felony charge.
Having a felony conviction for the most heinous acts of torture isn’t just about putting someone in jail for a longer period of time. It is about ensuring that these people have a felony record so that they cannot get a job working in a school, nursing home, hospital, or anywhere else that would include contact with children or vulnerable adults. It is about making sure that violent offenders do not possess guns. It is about a parent’s right to protect his or her child from a violent offender who could work in their child’s school because the offender didn’t get a felony conviction, even after committing an egregious act of violence. It is, quite simply, about ensuring community safety. A first offense felony for animal abuse is a law enforcement and mental health issue. If our jails are full, sentence these violent offenders to house arrest with ankle monitoring devices, but don’t turn them loose, without a felony record that a potential employer can look up, to work with those who may not have a voice of their own – our children, vulnerable adults, and our pets, These offenders need psychological evaluations, and often, counseling, and SB2623 will provide that option.
The people of Mississippi want the aggravated maiming and torture of dogs and cats to be prosecuted fully in order to protect people from the violent individuals who perpetrate these crimes. Mississippi’s existing animal cruelty laws related to dogs and cats are inadequate to protect people and pets. The time to act is TODAY! Please support SB2623.
Tiffany Frautschi
President, MS-FACT
www.ms-fact.org