Abusing a stray dog or cat is now a felony offense, the Ohio Supreme Court ruled Wednesday in a unanimous decision.
The ruling was welcome news to Richland County animal benefactors.
“Just because an animal has been left to fend for itself, it still should be afforded the same protection under the law,” county Dog Warden Missy Houghton said.
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Linda Chambers, executive director of the Humane Society of Richland County, said the Supreme Court ruling will help humane agents conduct investigations.
“We get calls from people who say, ‘There are cats in my yard, can I shoot them?”’ Chambers said. “That’s not only tone deaf, it’s horrifying that people would even go there.
“Now I can tell them it’s a felony.”
Cleveland man abused kitten with bleach
The case stems from an animal cruelty investigation into Alonzo Kyles, a Cleveland man who claims to be afraid of cats.
He poured bleach in the basement stairwell of his apartment building to make an 8-month-old kitten leave. When Cleveland police arrived, they found the cat had red and swollen paws from being exposed to bleach.
Kyles was convicted of a fifth-degree felony for abusing a companion animal and sentenced to nine months in prison. His attorneys appealed, saying that Kyles should face a misdemeanor instead because the cat wasn’t a pet.
Ohio law increases the penalties for cruelty to companion animals, defined as “any animal that is kept inside a residential dwelling and any dog or cat regardless of where it is kept.”
The Eighth District Court of Appeals ruled that the kitten didn’t qualify because it wasn’t “kept” or cared for.
The Ohio Supreme Court disagreed, ruling the law extends to all dogs and cats.
“I’m in complete agreement,” Houghton said.
Chambers said. “That’s fantastic news. People just look at strays like they’re discarded.”
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Looking at laws in other states
Stiffer penalties enacted in Pennsylvania have made a difference in the lives of dogs and cats, the Erie Times-News, a sister paper of the News Journal, reported.
The changes, which went into effect in August 2017, made aggravated animal cruelty, defined as the torturing of an animal or causing it serious bodily injury or death, a third-degree felony punishable by up to seven years in prison.
Misdemeanor charges could lead to a year or two in jail.
In Michigan, killing or torturing animals in the first degree is a felony punishable by one or more of the following: Imprisonment of up to 10 years, a fine of up to $5,000 and community service of up to 500 hours.
At least two neighboring states, West Virginia and Indiana, make reference to strays in their animal abuse laws.
In Indiana, abandoning or neglecting a stray is considered animal cruelty, a Class A misdemeanor. Penalties could be enhanced if the person has prior animal cruelty convictions.
In West Virginia, any act that causes unnecessary suffering to a stray animal is considered animal abuse.
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This article originally appeared on Mansfield News Journal: Ohio Supreme Court declares abusing stray animals is felony offense