Is this animal cruelty/neglect?

Factual Questions
1

I am trying to find out if the actions of someone is legally animal abuse or neglect according to the laws of Texas.

The dog is confined in either a small carrier or a crate for on average 22 to 23 hours per day.

The owner has not made any real efforts to house train the dog.

The dog is sometimes left for multiple days with no human contact, locked in a carrier.

It is left lying with its own feces.

I am deciding whether or not to report this person.

Here is what I found regarding the state laws:

http://www.houstonhumane.org/crueltylaw.asp

" Cruelty and Rescues
Sec. 42.09 - CRUELTY TO ANIMALS

A person commits an offense if he intentionally or knowingly:

Tortures an animal;
Fails unreasonably to provide necessary food, care, or shelter for an animal in the person’s custody;
Abandons unreasonably an animal in his custody;
Transports or confines an animal in a cruel manner;
Kills, injures, or administers poison to an animal, other than cattle, horses, sheep, swine, or goats, belonging to another without legal authority or the owner’s effective consent
Causes one animal to fight with another;
Uses a live animal as a lure in dog race training or in dog coursing

Horse Tripping

Injures an animal, other than cattle, horses, sheep, swine, or goats, belonging to another without legal authority or the owner’s effective consent;

seriously overworks

Currently, an offense under this section is a Class A Misdemeanor, punishable by a fine up to $4,000 and/or up to one year in jail. As of September 1, 2001, people who are convicted of committing acts of cruelty or torture to animals can receive harsher punishment via the new bill: HB 653. Heinous crimes of cruelty towards animals can now be tried as a felony punishable by up to $10,000 in fines and/or 2 years in jail. Under this new law, minors (under the age of 18) can be forced to undergo psychological counseling."
Do you believe this behavior would fit the legal definition of animal neglect/abuse?

2

>Abandons unreasonably an animal in his custody;
>Transports or confines an animal in a cruel manner;

IANALawyer, but sounds like he’s gone to me.

3

I would definitely say there’s a case there. Confinement to a crate is sometimes necessary (provided it’s of proper size), but for anywhere near that long it is definitely considered cruel. No specific cite, only to say that I watch Animal Precinct and those similar shows on Animal Planet from time to time, and dogs are confiscated for similar abuse and even less. Leaving a dog in a crate for days at a time is unreasonable abandonment, and cruel confinement (which even if not abandoned, crate confinement all day every day would most often be considered cruel).

Please, please, please report the person. Standard disclaimer: IANAL, and IANA animal control officer.

4

I would definitely say there’s a case there. Confinement to a crate is sometimes necessary (provided it’s of proper size), but for anywhere near that long it is definitely considered cruel. No specific cite, only to say that I watch Animal Precinct and those similar shows on Animal Planet from time to time, and dogs are confiscated for similar abuse and even less. Leaving a dog in a crate for days at a time is unreasonable abandonment, and cruel confinement (which even if not abandoned, crate confinement all day every day would most often be considered cruel).

Please, please, please report the person. Standard disclaimer: IANAL, and IANA animal control officer.

5

aw, come on, it’s obvious the animal is being abused. I would hope that ANY SPCA inspector would want to have a chat with the owner, even if the letter of the law is not broken. These sorts of issues need to be dealt with on a case by case basis. It’s about the spirit of the law, and this guy needs to get his arse kicked - or at least reported.

I would not hesitate, and I’m not even a huge leftie.

abby

6

What’s the hell’s being a leftie, or not, got to do with it? You think “righties” don’t care about animals?

7

I think he means that “lefties” are much more militant about animal rights; often to the point of absurdity.

I doubt you’ll find very many conservatives at PETA rallys dressed only in animal-patterned body paint.

8

The thing you’re most likely to hang this guy on is leaving the dog lying in its feces. The other stuff is borderline legal, but that’s probably enough to nail him.

9

Yup, neglect, and cruelty, I work at an animal shelter and we’ve taken in dogs, donkeys and a pony (in their cases locked in stables) that have been left in that state … (we’re not affiliated to SPCA or any other organisation - just some like minded people who care about animals)
report the fecker, today please

10

Ultimately this would be determination for people in positions of authority to make. First there would be the judgment of an animal control agent or policeman, and then of a judge and/or jury if the owner doesn’t confess.

From what you describe, I doublt many reasonable people in positions of authority would dispute this is abuse. Turn the crud in.