From Deseret News archives:

Animal-abuse proposal advances

Published: Wednesday, Jan. 25, 2006 9:08 a.m. MST
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In what one lawmaker said is a step toward a society "free of abuse," a legislative committee Tuesday endorsed a bill that would create penalties for people torturing animals, especially with vicious intent.

Torture of an animal, in fact, could result in a third-degree felony charge under HB61, which passed the House Natural Resources, Agriculture and Environment Committee. Rep. Scott Wyatt, R-Logan, said the intent of the bill is to address the worst kinds of animal abuse.

"Torture (of an animal) is a felony," he said. "By torture, we mean depravity, a specific, prolonged attempt to inflict severe pain on an animal."

The bill would also create misdemeanor penalties for knowingly or intentionally killing or poisoning an animal without "the legal privilege" to do so, such as a veterinarian, pest control operator or hunter.

Animal abuse can often foretell future abuse, Wyatt said, and multiple studies have shown that people who start abusing animals will also abuse their spouse or children. By addressing the problem of animal abuse, they may be able to prevent bigger problems.

"It makes a lot of sense," he said. "It is important as we try to move toward a society that is free of abuse."

In response to concerns raised last year by rural legislators when the bill failed to pass the Senate, Wyatt changed the bill to make sure that things considered standard practice in agricultural areas are not categorized as abuse. Primarily, he left the definition vague so that a jury could decide whether, by their community standards, the treatment is abuse or torture.

"We didn't want a Wasatch Front definition," he said. "We'd prefer to leave it to the community."

Last year, before passing the House, debate focused on what could be classified as animal abuse. Representatives worried that accidentally killing cats in skunk traps, for example, would lead to a felony charge.

Although Wyatt attempted to clarify the intent, some worried that those vague definitions could still cause problems. Rep. Margaret Dayton, R-Orem, the only committee member to vote against the bill, used a rodeo as an example, where the animals are treated much differently than they are treated on a ranch — even when the treatment on a ranch is standard practice.

"At rodeos, they carry calves out on stretchers, and its because of the animal activists," she said. "At a ranch, you don't see any stretchers."

Cheryl Smith, the executive director of Wasatch Humane in Bountiful, said the bill is focused on those times when abuse is apparent. It does not target small acts of neglect.

"Unfortunately, I'm called upon every day to rescue these companion animals that have been tortured, and it's horrible," she said. "We're not talking about not leaving water out for the dog."

This year, the Humane Society has mounted a stronger push to get the bill passed, including advertising on the electronic sign at the Murray shelter and advertising on billboards along I-15 and elsewhere. Wyatt said the organizations did not make the same push last year.


E-mail: jloftin@desnews.com

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