# The legality of killing cats **URL:** \ **Category:** Factual Questions\ **Created:** [December 10, 2007, 9:00pm UTC](https://boards.straightdope.com/t/the-legality-of-killing-cats/429536 "2007-12-10T21:00:27Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [December 10, 2007, 9:00pm UTC](https://boards.straightdope.com/t/the-legality-of-killing-cats/429536/1 "2007-12-10T21:00:27Z")
In this [now-closed](http://boards.straightdope.com/sdmb/showthread.php?p=9255791) thread, a discussion arose over the legality of killing cats, feral and otherwise. In that thread, **Spoons** quotes with approval a website that claims: > [@](#): > > On November 16, a deadlocked jury led to a mistrial in the case of the Galveston birder charged with felony cruelty for intentionally shooting and killing a cat with a .22-caliber rifle. The man’s lawyer reported that his client went to the San Luis Pass Bridge with “an intent to kill” and admits to shooting the cat, but that he claims he did so to protect piping plovers, an endangered species of bird that winters in Galveston. The national media has since reported that the case hinged on proving the cat was “owned” by John Newland, a man who had put out food, blankets, and toys for this and other cats living under the bridge. > > Let’s set the record straight: Intentionally killing a cat is a criminal offense in all fifty states and the District of Columbia, regardless of ownership. Anti-cruelty laws apply to all cats—pet, abandoned, lost, and feral—and there is no such thing as a “piping plover defense.” Since this is at best misleading, and at worst an outright misstatement of the law, I thought a GQ thread clarifying matters might be of value. I e-mailed **CKDexterHaven** – in light of the closed thread – and he gave his assent to the creation of this thread. As always, of course, this thread, like any thread on any message board, should not substitute for legal advice. For legal advice about facts specific to your jurisdiction and your cricumstances, consult an attorney licensed to practice where you live and explain the details of your case to that attorney. However, a discussion of certain broad principles is not impossible. Specifically, the line: “Intentionally killing a cat is a criminal offense in all fifty states and the District of Columbia, regardless of ownership,” is not accurate. Vets humanely kill cats intentionally all the time, without criminal liability – as do shelters that cannot place cats for adoption. The key distinction is found in the beginning of the second sentence: “Anti-cruelty laws apply to all cats—pet, abandoned, lost, and feral…” The law forbids the cruel killing of a cat, not simply any killing of a cat. In Virginia, to pick an example I am familiar with, the law makes a distinction between “compansion animals” and other animals. The wilful infliction of inhumane injury or pain on a companion animal is a felony; for “feral” animals, the same act is a misdemeanor. It’s far from clear to me that trapping cats and humanely dispatching them would be a violation of the law. Certainly the safer, and less legally ambiguous, course would be to turn over trapped animals to the official animal control agencies or shelters. But it’s wrong to say categorically that any killing of cats is illegal: it’s the CRUEL killing of cats that is forbidden. ---
**Author:** ![mks57](https://avatars.discourse-cdn.com/v4/letter/m/b9bd4f/32.png) [@mks57](https://boards.straightdope.com/u/mks57)\ **Post date:** [December 10, 2007, 10:08pm UTC](https://boards.straightdope.com/t/the-legality-of-killing-cats/429536/2 "2007-12-10T22:08:07Z")
In some areas, like Minnesota and South Dakota, feral cats are considered varmints, and subject to relatively unregulated hunting and trapping. A law almost passed in Wisconsin that would have allowed them to be hunted. They can be a serious threat to domestic animals and wildlife. There have been many efforts to eliminate or control non-native species that disrupt ecosystems. [http://icwdm.org/handbook/carnivor/FeralHouseCat.asp](http://icwdm.org/handbook/carnivor/FeralHouseCat.asp) ---
**Author:** ![C\_K\_Dexter\_Haven](https://avatars.discourse-cdn.com/v4/letter/c/b2d939/32.png) [@C\_K\_Dexter\_Haven](https://boards.straightdope.com/u/C_K_Dexter_Haven)\ **Post date:** [December 10, 2007, 10:31pm UTC](https://boards.straightdope.com/t/the-legality-of-killing-cats/429536/3 "2007-12-10T22:31:51Z")
As noted elsewhere (in the closed thread and in the consequent Pit thread), but I want to make it clear: this is a discussion about the law, whether it’s fair, what broad things might be covered, etc. This is NOT a discussion about how to maim, torture, or kill animals. We need to be clear of the distinction and remain within the Board Rules, right? ---
**Author:** ![Crafter\_Man](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/crafter_man/32/458_2.png) [@Crafter\_Man](https://boards.straightdope.com/u/Crafter_Man)\ **Post date:** [December 10, 2007, 10:40pm UTC](https://boards.straightdope.com/t/the-legality-of-killing-cats/429536/4 "2007-12-10T22:40:17Z")
In Ohio, you’re not allowed to kill a neighbor’s cat that has wandered onto your property: > [@](#): > > ORC 959.02 Injuring animals. > No person shall maliciously, or willfully, and without the consent of the owner, **kill** or injure a horse, mare, foal, filly, jack, mule, sheep, goat, cow, steer, bull, heifer, ass, ox, swine, dog, **cat** , or other domestic animal that is the property of another. This section does not apply to a licensed veterinarian acting in an official capacity. Of course, some folks who live in rural areas shoot cats on a regular basis. I don’t blame them. ---
**Author:** ![T.O](https://avatars.discourse-cdn.com/v4/letter/t/d07c76/32.png) [@T.O](https://boards.straightdope.com/u/T.O)\ **Post date:** [December 10, 2007, 11:00pm UTC](https://boards.straightdope.com/t/the-legality-of-killing-cats/429536/5 "2007-12-10T23:00:05Z")
I saw in the pit thread that it was legal to shoot cats with a BB gun in Alabama if they are urinating or defecating on your property, does anyone know if there’s a similar rule in Texas? I started out just wanting to scare them off (get in their head that my yard is a bad place to hang out because you get stung a lot there) and if it is illegal to kill feral animals here I may have to go back to that. ---
**Author:** ![T.O](https://avatars.discourse-cdn.com/v4/letter/t/d07c76/32.png) [@T.O](https://boards.straightdope.com/u/T.O)\ **Post date:** [December 10, 2007, 11:02pm UTC](https://boards.straightdope.com/t/the-legality-of-killing-cats/429536/6 "2007-12-10T23:02:02Z")
I just thought of another possibility - in the much-publicized case about the guy who shot the feral cat that was endangering the endangered birds, the feral cat was ruled to be a pet because someone had been feeding it. I noticed in most of these laws it says you cannot kill another person’s pet. If I feed one of these feral cats, can it then be considered my cat? Then I would not be killing another person’s cat. ---
**Author:** ![mks57](https://avatars.discourse-cdn.com/v4/letter/m/b9bd4f/32.png) [@mks57](https://boards.straightdope.com/u/mks57)\ **Post date:** [December 10, 2007, 11:06pm UTC](https://boards.straightdope.com/t/the-legality-of-killing-cats/429536/7 "2007-12-10T23:06:15Z")
[QUOTE=Crafter\_Man] In Ohio, you’re not allowed to kill a neighbor’s cat that has wandered onto your property: [/QUOTE] The relevant language is “domestic animal that is the property of another”. I don’t think that would apply to a feral cat. How does Ohio law deal with dogs that are allowed to run free by their owners, joining packs that become a danger to public safety? In many places they would get shot. ---
**Author:** ![Scumpup](https://avatars.discourse-cdn.com/v4/letter/s/ce73a5/32.png) [@Scumpup](https://boards.straightdope.com/u/Scumpup)\ **Post date:** [December 10, 2007, 11:07pm UTC](https://boards.straightdope.com/t/the-legality-of-killing-cats/429536/8 "2007-12-10T23:07:27Z")
Unless one is discharging a firearm within municipal limits where prohibited, Pennsylvania doesn’t seem to have a problem with offing foo-foo kitty. As this [cite](http://www.pgc.state.pa.us/pgc/cwp/view.asp?a=478&q=151105) shows, dogs pursuing and harassing game are considered a public nuisance and may be eliminated without legal penalty. Cats aren’t addressed at all. They aren’t game animals, they aren’t domestic animals. Absent any local laws, kitty can be shot. ---
**Author:** ![T.O](https://avatars.discourse-cdn.com/v4/letter/t/d07c76/32.png) [@T.O](https://boards.straightdope.com/u/T.O)\ **Post date:** [December 10, 2007, 11:14pm UTC](https://boards.straightdope.com/t/the-legality-of-killing-cats/429536/9 "2007-12-10T23:14:01Z")
Another idea came to me, regarding trapping. I know in many jurisdictions it’s legal to kill your own pets, as long as you aren’t cruel about it. Could I catch a feral cat in a live trap and then kill it in a humane manner? And what about killing traps intended for other animals? We had a rat problem and bought some rat traps that were pretty big, looked like they might be able to break a cat’s neck. There’s also mole and gopher traps that kill pretty quickly. I’m thinking about those, but then there’s the possibility that I might kill someone’s pet. With a live trap I could check it for a collar before finishing it. ---
**Author:** ![Risha](https://avatars.discourse-cdn.com/v4/letter/r/5fc32e/32.png) [@Risha](https://boards.straightdope.com/u/Risha)\ **Post date:** [December 10, 2007, 11:17pm UTC](https://boards.straightdope.com/t/the-legality-of-killing-cats/429536/10 "2007-12-10T23:17:03Z")
[QUOTE=T.O.] If I feed one of these feral cats, can it then be considered my cat? Then I would not be killing another person’s cat. [/QUOTE] I have no idea of the legalities involved, but I would note that a large number of people who would otherwise support you in shooting feral cats would find such a tactic morally rephrensible. I wouldn’t try it unless you feel like having a major arguement with the neighbors, and/or potentially a discussion with animal control when they try to call them on you. ---
**Author:** ![Randy\_Seltzer](https://avatars.discourse-cdn.com/v4/letter/r/ee7513/32.png) [@Randy\_Seltzer](https://boards.straightdope.com/u/Randy_Seltzer)\ **Post date:** [December 10, 2007, 11:20pm UTC](https://boards.straightdope.com/t/the-legality-of-killing-cats/429536/11 "2007-12-10T23:20:28Z")
[QUOTE=T.O.] I saw in the pit thread that it was legal to […] [/QUOTE] The person who posted that in the pit thread (me) is not a lawyer. And is especially not a lawyer in your jurisdiction. I would reiterate something from **Bricker** : > [@](#): > > For legal advice about facts specific to your jurisdiction and your cricumstances, consult an attorney licensed to practice where you live and explain the details of your case to that attorney. If you want to make sure your actions are legal, consult a lawyer. That’s why they’re there. ---
**Author:** ![Crafter\_Man](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/crafter_man/32/458_2.png) [@Crafter\_Man](https://boards.straightdope.com/u/Crafter_Man)\ **Post date:** [December 10, 2007, 11:36pm UTC](https://boards.straightdope.com/t/the-legality-of-killing-cats/429536/12 "2007-12-10T23:36:57Z")
[QUOTE=mks57] The relevant language is “domestic animal that is the property of another”. I don’t think that would apply to a feral cat. [/QUOTE] Agree. In my post I mentioned “neighbor’s cat,” which implies a neighbor’s pet. [QUOTE=mks57] How does Ohio law deal with dogs that are allowed to run free by their owners, joining packs that become a danger to public safety? In many places they would get shot. [/QUOTE] I’m not sure, but my guess is that you would only be allowed to shoot them if you believed your (and/or someone else’s) life was threatened. ---
**Author:** ![Hello\_Again](https://avatars.discourse-cdn.com/v4/letter/h/85e7bf/32.png) [@Hello\_Again](https://boards.straightdope.com/u/Hello_Again)\ **Post date:** [December 10, 2007, 11:51pm UTC](https://boards.straightdope.com/t/the-legality-of-killing-cats/429536/13 "2007-12-10T23:51:41Z")
[QUOTE=Crafter\_Man] I’m not sure, but my guess is that you would only be allowed to shoot them if you believed your (and/or someone else’s) life was threatened. [/QUOTE] In Montana, it is legal to shoot a dog on sight that is harassing livestock. In fact, in Montana, you can not only kill the dog yourself, you can demand the owner put it down within 24 hours, and the owner is guilty of a misdemeanor punishable by a $500 fine. [MCA 81-7-401](http://data.opi.mt.gov/bills/mca/81/7/81-7-401.htm) I would not be surprised if such action is legal in other states where livestock are an important economic resource. Point being, the threat need not only be to a human, depending on state law. ---
**Author:** ![appleciders](https://avatars.discourse-cdn.com/v4/letter/a/85f322/32.png) [@appleciders](https://boards.straightdope.com/u/appleciders)\ **Post date:** [December 11, 2007, 12:11am UTC](https://boards.straightdope.com/t/the-legality-of-killing-cats/429536/14 "2007-12-11T00:11:44Z")
I have no cite, but I know that in Oregon if your dog chases cattle, the state can order it put down. ---
**Author:** ![Zoe](https://avatars.discourse-cdn.com/v4/letter/z/a4c791/32.png) [@Zoe](https://boards.straightdope.com/u/Zoe)\ **Post date:** [December 11, 2007, 5:23am UTC](https://boards.straightdope.com/t/the-legality-of-killing-cats/429536/15 "2007-12-11T05:23:24Z")
Back to the topic of cats. (They don’t travel in packs and don’t generally fall under leash laws.) Some of those feral cats are of the large and truly dangerous variety when cornered. Cougars used to roam Tennessee and still do other states. They are able to leap so far that by the time you see one, you are brunch anyway. We do have a few bobcats left, I think. I couldn’t fault anyone for protecting themselves if they accidentally cornered a bobcat. But I’ve never understood what it is about felines that brings out the bully in so many men. ---
**Author:** ![mks57](https://avatars.discourse-cdn.com/v4/letter/m/b9bd4f/32.png) [@mks57](https://boards.straightdope.com/u/mks57)\ **Post date:** [December 11, 2007, 5:49am UTC](https://boards.straightdope.com/t/the-legality-of-killing-cats/429536/16 "2007-12-11T05:49:14Z")
[QUOTE=Zoe] But I’ve never understood what it is about felines that brings out the bully in so many men. [/QUOTE] I like domestic cats, but I’ve seen the severe damage that feral cats and other non-native species can do to an ecosystem. Here, very few birds. There, more birds than you can count. The difference? Feral cats. See [http://www.ascensionconservation.org.ac/wildlife.htm](http://www.ascensionconservation.org.ac/wildlife.htm) for an example of the impact of feral cats on bird populations. ---
**Author:** ![A.R.Cane](https://avatars.discourse-cdn.com/v4/letter/a/ee7513/32.png) [@A.R.Cane](https://boards.straightdope.com/u/A.R.Cane)\ **Post date:** [December 11, 2007, 7:07am UTC](https://boards.straightdope.com/t/the-legality-of-killing-cats/429536/17 "2007-12-11T07:07:48Z")
[QUOTE=Zoe] Back to the topic of cats. (They don’t travel in packs and don’t generally fall under leash laws.) Some of those feral cats are of the large and truly dangerous variety when cornered. Cougars used to roam Tennessee and still do other states. They are able to leap so far that by the time you see one, you are brunch anyway. We do have a few bobcats left, I think. I couldn’t fault anyone for protecting themselves if they accidentally cornered a bobcat. But I’ve never understood what it is about felines that brings out the bully in so many men. [/QUOTE] Actually I could tolerate the damage done to wildlife by feral cats, they’re killing for survival, but my irresponsible neighbors, who let their ‘cute kitties’ roam my property, killing birds, baby rabbits, squirrels and other wildlife, just for the sport of it, deserve to have their ‘pets’ turned over to animal control. Of course even the feral cats are the ultimate product of irresponsible ‘pet’ ownership. Beyond providing some amusement for their owners, the vast majority of domestic house cats serve no useful purpose to their owners, or to nature for that matter. If there are any “bullies” here, I suggest they’re the pet owners who permit their cats to run free w/o regard to the damage they do, or the annoyance they cause. ---
**Author:** ![DSYoungEsq](https://avatars.discourse-cdn.com/v4/letter/d/c6cbf5/32.png) [@DSYoungEsq](https://boards.straightdope.com/u/DSYoungEsq)\ **Post date:** [December 11, 2007, 2:04pm UTC](https://boards.straightdope.com/t/the-legality-of-killing-cats/429536/18 "2007-12-11T14:04:43Z")
I see that we are having trouble playing nice here. Before the moderators close this thread, can we please, please, please restrict this to a discussion of the LAW, and not the moral and environmental issues involved in feral cats, cats allowed to roam, etc.? > [@Ohio Revised Code §959.02](#): > > No person shall maliciously, or willfully, and without the consent of the owner, kill or injure a horse, mare, foal, filly, jack, mule, sheep, goat, cow, steer, bull, heifer, ass, ox, swine, dog, cat, or other domestic animal that is the property of another. This section does not apply to a licensed veterinarian acting in an official capacity. > [@ORC §959.03](#): > > No person shall maliciously, or willfully and without the consent of the owner, administer poison, except a licensed veterinarian acting in such capacity, to a horse, mare, foal, filly, jack, mule, sheep, goat, cow, steer, bull, heifer, ass, ox, swine, dog, cat, poultry, or any other domestic animal that is the property of another; and no person shall, willfully and without the consent of the owner, place any poisoned food where it may be easily found and eaten by any of such animals, either upon his own lands or the lands of another. > [@ORC §959.04](#): > > Sections 959.02 and 959.03 of the Revised Code do not extend to a person killing or injuring an animal or attempting to do so while endeavoring to prevent it from trespassing upon his enclosure, or while it is so trespassing, or while driving it away from his premises; provided within fifteen days thereafter, payment is made for damages done to such animal by such killing or injuring, less the actual amount of damage done by such animal while so trespassing, or a sufficient sum of money is deposited with the nearest judge of a county court or judge of a municipal court having jurisdiction within such time to cover such damages. Such deposit shall remain in the custody of such judge until there is a determination of the damages resulting from such killing or injury and from such trespass. Such judge and his bondsmen shall be responsible for the safekeeping of such money and for the payment thereof as for money collected upon a judgment. > [@ORC §959.13](#): > > (A) No person shall: > > (1) Torture an animal, deprive one of necessary sustenance, unnecessarily or cruelly beat, needlessly mutilate or kill, or impound or confine an animal without supplying it during such confinement with a sufficient quantity of good wholesome food and water; > [@ORC §959.131](#): > > (1) “Companion animal” means any animal that is kept inside a residential dwelling and any dog or cat regardless of where it is kept. “Companion animal” does not include livestock or any wild animal. > > (B) No person shall knowingly torture, torment, needlessly mutilate or maim, cruelly beat, poison, needlessly kill, or commit an act of cruelty against a companion animal. > [@ORC §955.28](#): > > (A) Subject to divisions (A)(2) and (3) of section 955.261 [955.26.1] of the Revised Code, a dog that is chasing or approaching in a menacing fashion or apparent attitude of attack, that attempts to bite or otherwise endanger, or that kills or injures a person or a dog that chases, injures, or kills livestock, poultry, other domestic animal, or other animal, that is the property of another person, except a cat or another dog, can be killed at the time of that chasing, approaching, attempt, killing, or injury. If, in attempting to kill such a dog, a person wounds it, he is not liable to prosecution under the penal laws which punish cruelty to animals. To summarize, in Ohio: You cannot maliciously or intentionally kill someone else’s cat. You cannot maliciously or intentionally poison someone else’s cat. But you can do both those things if the cat is trespassing on your property, so long as you compensate the owner for the cost of the cat. Still, you cannot needlessly kill someone else’s cat, under either of the cruelty statutes. You can shoot a dog attacking your cat. ---
**Author:** ![DSYoungEsq](https://avatars.discourse-cdn.com/v4/letter/d/c6cbf5/32.png) [@DSYoungEsq](https://boards.straightdope.com/u/DSYoungEsq)\ **Post date:** [December 11, 2007, 2:11pm UTC](https://boards.straightdope.com/t/the-legality-of-killing-cats/429536/19 "2007-12-11T14:11:34Z")
This site:[Michigan State University College of Law Animal Legal and Historical Center](http://www.animallaw.info/statutes/) has a comprehensive database of statutes involved in animal issues, which is searchable by jurisdiction, by animal, by topic, etc. Quite helpful, really. 😃 ---
**Author:** ![vetbridge](https://avatars.discourse-cdn.com/v4/letter/v/b5e925/32.png) [@vetbridge](https://boards.straightdope.com/u/vetbridge)\ **Post date:** [December 11, 2007, 4:30pm UTC](https://boards.straightdope.com/t/the-legality-of-killing-cats/429536/20 "2007-12-11T16:30:04Z")
In Pennsylvania, local animal control as well as some shelters will come to your site and trap/relocate/etc feral cat populations.