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FELONY ANIMAL CRUELTY TRAINING


HOW TO INVESTIGATE
A CASE OF ANIMAL CRUELTY OR NEGLECT

Anyone who observes animals can be of use in the investigation and prosecution of animal cases. In New Mexico we have a limited number of people employed as animal control officers and the areas they can cover are at best limited. Therefore, citizens who can see, observe and report abuse or neglect are vital to protecting both the wild and domesticated animals in New Mexico. Below are considerations and suggestions for use by anyone who may observe an animal in distress.

It is important to be aware that the law in New Mexico makes animal cruelty or neglect a high misdemeanor and a fourth degree felony on the fourth conviction. Extreme cruelty to animals is a fourth degree felony on the first offense. This is the amended state cruelty law that was signed into law in 1999.

Many people will see, for example, a dog that is kept outside during all seasons, with only a dog house, chained up and alone. Many people would say in their opinion this constitutes neglect and/or abuse. While most of us would agree they would not treat their pets in such a fashion, the conditions may not rise to a level which can be prosecuted under criminal statutes, or animal statutes in New Mexico. The difference between the conditions we might wish animals lived under, and the conditions which are the type of abuse or neglect that can be pursued can be frustrating.

It is a good idea to err on the side of caution and report what you see if you believe it to be abuse or neglect. Try to discuss your concerns with an educated prosecutor. It is important to give animal cases equal consideration to cases involving human beings. As law enforcement, attorneys and judges, we cannot arbitrarily decide what laws will be enforced and which will not.

True cruelty cases deserve major attention. As studies done by the Humane Society of the United States have shown there is a direct correlation between abuse of animals and the potential for future violence, as well as violence in the home. Animal abuse is frequently a first step toward future criminality. Serial murderers such as Ted Bundy and Jeffrey Dahmer began with hurting and killing animals before their violence escalated to killing humans.

If what you see is abuse caused by a young person, it is important to take it seriously and report it, with just as much rigor as abuse caused by an adult. For children who abuse animals, early intervention may save them from being more violent in the future. (PSEYTA reference)

Abuse of animals within the home is often tied to domestic violence. People who abuse children or other household members will frequently hurt animals in the home as a threat or warning to the other members of the household.

Animal abuse or neglect is often one of the first signs that children, partners, or other members of the household are also being abused. If you respond to a domestic violence call, always - always look at and document the condition of the animals in the household. If you take children or spouses into protective custody, always - always take the animals into protective custody as well.

 

FACT Presentation Outline

Felony Animal Cruelty Training Outline (Specific)

Conference Memo - Outline of points included in law

FACT Legislation References

HOW TO INVESTIGATE A CASE OF ANIMAL CRUELTY OR NEGLECT

Training Class "Implementing the Felony Animal Cruelty Law" Receives Accreditation From DPS and the NM Bar Association; MEDIA ADVISORY, Date: March 9, 2000

FACT Resources:

Animal Handling Tips & Animal Call Response Checklist

Contact information for animal resources:

New Mexico counties requiring adequate food/water/shelter:

Euthanasia Data for New Mexico

Animal Live-Trapping Recommendations

Information on Procedure for Necropsy

New Mexico Wildlife Rehabilitators

POISON CONTROL

Sample Animal Relinquishment Form

Impact of New Mexico Supreme Court Ruling Regarding Animal Cruelty Law