ASPCA:animal cruelty

What constitutes animal cruelty?

Animal cruelty occurs when someone intentionally injures or harms an animal or when a person willfully deprives an animal of food, water or necessary medical care. Here are some signs that may indicate abuse or neglect:

• Tick or flea infestations
• Wounds on the body
• Patches of missing hair
• Extremely thin, starving animal
• Limping
• An owner striking or otherwise physically abusing an animal
• Dogs who are repeatedly left alone without food and water, and often chained in a yard
• Dogs who have been hit by cars—or are showing any of the signs listed here—and have not been taken to a veterinarian
• Dogs who are kept outside without shelter in extreme weather conditions
• Animals who cower in fear or act aggressively when approached by their owners

What constitutes federal cruelty to animals?

There is no federal cruelty law—and technically, there cannot be. Animal cruelty is dealt with on the state level because the United States Constitution limits the areas in which Congress can pass federal laws applicable nationwide (Article 1, Section 8), and instructs that everything else is up to individual states to handle.

The U.S. Congress’s broadest Constitutional power is over activities that impact or affect international and interstate commerce. Acts of animal cruelty typically occur in a fixed place, and probably cannot be interpreted to impact interstate commerce—not yet, anyway—so the federal government has no jurisdiction over them. Some exceptions to the rule are federal laws involving the transportation of animals across state lines, such as the Animal Fighting Prohibition Enforcement Act.

The growth of Internet commerce has led to another exception—the federal government's "Crush Act," which provides punishment, ranging in severity from a fine to five years in prison, for the display of acts of cruelty and sexual abuse intended for interstate commerce.

How to Report Animal Cruelty

What information should I have on hand when I make a report of animal cruelty?

Try to gather the following information before submitting a report of animal cruelty:

• A concise, written, factual statement of what you observed—giving dates and approximate times whenever possible—to provide to law enforcement.
• Photographs of the location, the animals in question and the surrounding area. However, please do not put yourself in danger! Do not enter another person’s property without permission, and exercise great caution around unfamiliar animals who may be frightened or in pain.
• If you can, provide law enforcement with the names and contact information of other people who have firsthand information about the abusive situation.

Remember, never give away a document without making a copy for yourself!

ASPCA