We hate to see animals suffer. Yet, it happens. Sometimes it is preventable, sometimes it happens by accident. All jurisdictions, including Oklahoma, have laws which make cruelty to animals a crime.
What Does Cruelty to Animals Include in Oklahoma?
Oklahoma law covers all animals in its laws covering cruelty to animals. For purposes of this set of statutes, Oklahoma law defines animals as mammals, birds, fish, reptiles and the like — both wild and domesticated. Okla. Stat. tit. 21 § 1680.1. That includes animals that belong to other people, and wild animals, in addition to animals that belong to you.
Cruelty to animals is defined as willfully or maliciously torturing, destroying, beating, maiming, mutilating or killing of any animal. This includes depriving animals of basic food, water, shelter and veterinary care. Anything that causes an animal to suffer constitutes cruelty as long as it is done willfully or maliciously. Okla. Stat. tit. 21 § 1685. Likewise, actions that further any cruelty to an animal are prohibited.
The crime is a felony in Oklahoma and is punishable by either a prison term of up to five years, or a county jail term of up to one year, or a fine up to $5,000, or both. Courts have a great deal of discretion in terms of sentencing. The more egregious the acts, the more jail time a person can expect to serve.
Willfully poisoning an animal is a felony punishable by up to three years in prison, or up to one year in county jail, or a fine of up to $250, or both. Okla. Stat. tit. 21 § 1681.
The Role of Veterinarians and Peace Officers
Veterinarians are mandated reporters under Oklahoma law. If a veterinarian suspects that an animal is being abused, that veterinarian must report the suspected abuse to law enforcement within 24 hours of examining the animal. Law enforcement then conducts an investigation, which may include removing the animal, and providing shelter and medical care for the animal at the owner’s expense. An owner must comply with requirements issued by the court or any law enforcement officer in order to keep their animal. Okla. Stat. tit. 21 §§ 1680.3, 1680.4.
Abandoning Animals is Prohibited
Even abandoning an animal in such a way as to cause it injury — by leaving it at the side of the road — is prohibited by Oklahoma law and is considered cruelty to animals. It is a misdemeanor. Okla. Stat. tit. 21 § 1691.
An animal also may be considered to be abandoned when a person moves away and leaves the animal, stops feeding the animal, or allows it to wander or stray onto another’s property with the intention of surrendering ownership or custody. This cruelty to animals crime is punishable by a fine from $100 to $500, or by up to one year in county jail, or both. Okla. Stat. tit. 21 § 1692.
Having an animal taken from your custody can be a traumatic experience. If you have questions or concerns, bring them to an experienced Tulsa criminal law defense attorney. Let us help when you need it most.
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