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.