Abandon Your Pet, Go to Prison

N E W   Y O R K, Nov. 25, 2003 -- Lucky the cat's luck looked like it was running out when his owners moved away and left him alone to fend for himself on the streets of New York.

At one time, the Russian Blue was a popular new member of a household in Queens, living in a home where he was fed and cared for. Then, one day, he was homeless, suddenly having to rely on himself for food and shelter.

He was not faring too well when Susan La Marca, a volunteer pet rescuer for the Tigger Foundation, learned of his plight last July from someone who lived in the neighborhood.

"The old woman who saw me told me that that I should check out this cat. She thought his family had left him and [said] that he's skin and bones, and it doesn't look like he's going to make it," said La Marca, who provided Lucky with a foster home.

"When he first came to live with me, he weighed only 8 pounds," she said. "He hadn't fared as well as the other street cats in getting food."

Lucky could have starved to death. Animal cruelty laws vary from state to state, but in New York — and in several other states — Lucky's owners would not face serious consequences for abandoning him. They would face only misdemeanor charges, a fine and perhaps up to a year in prison.

However, some activists and legislators are lobbying for greater penalties for pet owners who would abandon their dogs and cats.

"It's like they're saying, 'I just don't want to deal with this. I don't want to deal with this problem,'" said Daphna Nachminovitch, director of People for the Ethical Treatment of Animals' Domestic Animal Issues & Abuse Department.

"Anyone who abandons a dog or cat who's been depending on them for veterinary care, for food and for shelter has to know that there's a possibility the animal is going to be seriously harmed or suffer a slow, painful death through starvation and dehydration, and they should be held accountable."

A Slap on the Wrist for Mass Pet Starvation

Sometimes the extent of accountability is not enough.

In August, five men were arrested after 150 animals from a wholesale pet business were found dead in a Mount Vernon, N.Y., warehouse.

The animals, which included rabbits, lizards, snakes, guinea pigs and hamsters, died from starvation and dehydration after the pet business owners failed to feed them for approximately a week.

The landlord who subleased the warehouse had the building padlocked after the pet business owners had failed to pay their rent. However, prosecutors say, the owners failed to contact authorities or make any attempt to gain access to the animals. Some of the animals were so desperate for food that they were feeding on the carcasses of other pets when authorities discovered them.

Still, the five men arrested can only face misdemeanor animal cruelty charges and up to a year in prison and a $1,000 fine for all those animal deaths. The men could only face more serious felony charges and punishment if prosecutors had evidence that they intended to kill the pets.

Frustrated by the limits of the law, New York lawmakers are trying to get new legislation passed that would enable people to be charged with more serious felony animal abuse if they either injure 10 or more animals at a time or they recklessly put an animal in a situation that leads to serious injury or death.

"Treating any animal inhumanely is a disgusting crime," said state Sen. Nick Spano, one of the sponsors of the proposed law. "It's our job as legislators to develop effective laws that will enable local officials to punish these criminals to the fullest extent."

Expanding the Definition of Animal Cruelty

Limited perception of the definition of abuse sometimes hamstrings the legal system in animal cruelty cases. Brian Simpson of New Castle, Pa., was convicted of animal abuse in 2001 for keeping his three dogs in a confined area full of feces and other filth.

A Pennsylvania Superior Court overturned his conviction on appeal, saying his actions did not meet the state's legal definition of "wanton and cruel."

In its ruling, the court urged legislators to clarify the wording of the law. State Rep. James E. Casorio has proposed a new, broader law that would apply to pet owners who abandon, neglect, beat, overwork and abuse their animals.

"This is a reaction to what the judiciary did. It's an effort to close a loophole in the law," said Casorio. "Some people, I guess, when they think of abuse, think of the more overt things people may do. If you were to ask anyone, most people would agree that if you keep a defenseless animal in a backyard in its own feces and filth, then that's abuse."

Casorio said he doesn't expect opposition to his proposed law and hopes to get it approved by the Legislature this month. However, his bill would not increase penalties for offenders.

"What we're doing is baby steps," Casorio said. "There's no doubt that I would love to increase penalties for animal abusers. Studies have shown that those who abuse animals commit crimes and graduate to abuse their human counterparts. Anyone who would abuse a defenseless animal … that's just cowardly."

The Humane Society is also sponsoring an initiative to convince legislators and law enforcement officials nationwide to expand definitions and increase penalties for animal cruelty. Beatings are not the only form of animal cruelty; the society points out; dogs and cats die from abandonment .

"Failure to feed your dog for a week is same as if you shot the dog," said Ann Chynoweth, counsel to investigative services for the Humane Society. "Anyone knows that if you fail to feed a dog, he will die from dehydration and starvation — a slow, painful way to die. It's a form of torture. And we want law enforcement, prosecutors and legislators to respond to that."

Happily Ever After?

According to the Humane Society, approximately 6 million to 8 million cats and dogs enter shelters every year by either being put up for adoption or through animal rescue groups. Approximately 3 million to 4 million are euthanized.

People abandon their pets for many reasons. The cute and cuddly puppy they fell in love with at the kennel grows into a not so cute and cuddly dog, and they cannot handle the responsibility — or expenses — involved in caring for and raising him. Their lifestyle changes or they have children, or move to a place that does not allow pets.

Dogs and cats can also have behavioral problems that pet owners cannot manage or don't understand. Pets can be so traumatized by abandonment that they lash out when their new owners go to work or the store, leaving them alone in their apartment.

"People think that if they just set a domesticated animal free on the street that they will be OK, that somehow they'll just revert to their wild roots and survive. And that's just not true," said Stephanie Shain, director of companion animal outreach for the Humane Society.

"I think it's a matter of education, people knowing what's out there to help them with their pets, and knowing that there are reasons behind their pets' behavior," she said.

Despite his ordeal, Lucky is one fortunate cat. His rescuer and foster mother, Susan La Marca, kept him in her home for four months, allowing him to regain some weight and recover from his time on the streets. Now weighing 12 pounds, Lucky was adopted recently. La Marca hopes the new home will work out.

"I wanted to give him some time to recover, which is why I held off on finding a new home for him right away," she said. "He was really traumatized by what happened to him. Hopefully, this will be a good match."