# Can an animal be legally prosecuted? **URL:** \ **Category:** Factual Questions\ **Created:** [August 4, 2009, 4:22pm UTC](https://boards.straightdope.com/t/can-an-animal-be-legally-prosecuted/505305 "2009-08-04T16:22:03Z")\ **Posts on this page:** 10\ **Page:** 2
**Author:** ![Tapioca\_Dextrin](https://avatars.discourse-cdn.com/v4/letter/t/3d9bf3/32.png) [@Tapioca\_Dextrin](https://boards.straightdope.com/u/Tapioca_Dextrin)\ **Post date:** [August 5, 2009, 2:24am UTC](https://boards.straightdope.com/t/can-an-animal-be-legally-prosecuted/505305/21 "2009-08-05T02:24:37Z")
The last [public execution of an animal](http://en.wikipedia.org/wiki/Mary_%28elephant%29) in the US took place in 1916. ---
**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\ **Post date:** [August 5, 2009, 2:55am UTC](https://boards.straightdope.com/t/can-an-animal-be-legally-prosecuted/505305/22 "2009-08-05T02:55:30Z")
> [@jackelope](#): > > Animals are generally considered property under U.S. law. Obviously, they’re different from a piece of property like a couch, but they are property, and if an animal does something that would be a crime if a person did it, the animal’s owner is legally responsible… This is generally true. In Ohio, for instance, you’re liable for damages if your dog bites anyone unless (1) the person was trespassing, or (2) the person provoked the dog. **Chronos** and **PatriotGrrrl** are correct that, in condemnation and asset-forfeiture cases, the property itself is listed as the defendant. Strange but true. ---
**Author:** ![pravnik](https://avatars.discourse-cdn.com/v4/letter/p/8edcca/32.png) [@pravnik](https://boards.straightdope.com/u/pravnik)\ **Post date:** [August 5, 2009, 2:32pm UTC](https://boards.straightdope.com/t/can-an-animal-be-legally-prosecuted/505305/23 "2009-08-05T14:32:49Z")
More on civil forfeiture: “Forfeiture takes two distinct forms – criminal and civil. Nearly all contemporary forfeiture involves the civil variety. Criminal forfeiture operates as punishment for a crime. It, therefore, requires a conviction, following which the state takes the assets in question from the criminal. Civil forfeiture rests on the idea (a legal fiction) that the property itself, not the owner, has violated the law. Thus, the proceeding is directed against the res, or the thing involved in some illegal activity specified by statute. Unlike criminal forfeiture, in rem forfeiture does not require a conviction or even an official criminal charge against the owner.” [Forfeiture, from Cornell Law School’s Legal Information Institute](http://topics.law.cornell.edu/wex/forfeiture). Incidentally, my favorite civil forfeiture case is _2174 Obscene Devices v. State of Texas_, 33 S.W.3d 904 (Tex.App.–Houston [14th Dist.] 2000, no pet.). That must have been quite a sight. ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [August 5, 2009, 2:40pm UTC](https://boards.straightdope.com/t/can-an-animal-be-legally-prosecuted/505305/24 "2009-08-05T14:40:42Z")
Here are two threads where we discussed forfeitures: > **[Forfeiture Laws, How are they constitutional?](https://boards.straightdope.com/sdmb/showthread.php?t=448933)** > > These are laws that, in effect, make it illegal to carry or hold large amounts of currency. The government basically says that the cash is from the proceeds of illegal activity and seizes it. If the person wants their money back, it’s up to them to... > **[If I'm stopped & have 1 million dollars. Do I have to explain my cash to...](https://boards.straightdope.com/sdmb/showthread.php?t=398977)** > > Scenario - I’m stopped for a broken taillight or other small infraction. An officer asks to look in my car & I agree. He sees my briefcase with 1 million dollars in 100s in it. He asks what’s up, and I just tell him I don’t trust banks.... ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [August 5, 2009, 2:43pm UTC](https://boards.straightdope.com/t/can-an-animal-be-legally-prosecuted/505305/25 "2009-08-05T14:43:15Z")
> [@pravnik](#): > > Incidentally, my favorite civil forfeiture case is _2174 Obscene Devices v. State of Texas_, 33 S.W.3d 904 (Tex.App.–Houston [14th Dist.] 2000, no pet.). That must have been quite a sight. Begun, the vibrator war has. ---
**Author:** ![Sailboat](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sailboat/32/461_2.png) [@Sailboat](https://boards.straightdope.com/u/Sailboat)\ **Post date:** [August 5, 2009, 2:58pm UTC](https://boards.straightdope.com/t/can-an-animal-be-legally-prosecuted/505305/26 "2009-08-05T14:58:48Z")
> [@jackelope](#): > > A sum of money can’t be a defendant. That’s too bad. Some of us would like to prosecute [this one](http://www.youtube.com/watch?v=OImbu4fwhKk) for stalking. ---
**Author:** ![Rocketeer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rocketeer/32/4437_2.png) [@Rocketeer](https://boards.straightdope.com/u/Rocketeer)\ **Post date:** [August 5, 2009, 3:08pm UTC](https://boards.straightdope.com/t/can-an-animal-be-legally-prosecuted/505305/27 "2009-08-05T15:08:34Z")
> [@Shagnasty](#): > > … plead with the police, bribe them… I think this explains the locals’ motivation adequately…:rolleyes: ---
**Author:** ![ftg](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ftg/32/2801_2.png) [@ftg](https://boards.straightdope.com/u/ftg)\ **Post date:** [August 5, 2009, 4:06pm UTC](https://boards.straightdope.com/t/can-an-animal-be-legally-prosecuted/505305/28 "2009-08-05T16:06:35Z")
For your reading pleasure: > **[Nigerian police hold goat on suspicion of attempted armed robbery](https://www.latimes.com/archives/la-xpm-2009-jan-23-la-on-goat23-2009jan23-story.html)** > > Nigerian police hold goat on suspicion of attempted armed robbery It was a baaad goat I tells ya. ---
**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\ **Post date:** [August 5, 2009, 4:14pm UTC](https://boards.straightdope.com/t/can-an-animal-be-legally-prosecuted/505305/29 "2009-08-05T16:14:32Z")
> [@Gfactor](#): > > Begun, the vibrator war has. This is the most awesome post I’ve read in a long, long time. 😛 ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [August 5, 2009, 4:27pm UTC](https://boards.straightdope.com/t/can-an-animal-be-legally-prosecuted/505305/30 "2009-08-05T16:27:15Z")
> [@Elendil\_s\_Heir](#): > > This is the most awesome post I’ve read in a long, long time. 😛 Every once in a while, I get off a good one. 😉 [Previous page](https://boards.straightdope.com/t/can-an-animal-be-legally-prosecuted/505305.md?page=1)