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animal abuse

Teen Arrested for Throwing Kitten in Water, Joking About Abuse

There seem to be a lot of videos of animals doing cute or funny things on the internet these days. Unfortunately, that's not the case in one video that was posted on social media. The video is of Garratt Haile throwing a kitten into a body of water while joking about it. Shot about a year ago, it was recently shared on social media, at which point several people contacted the police, and Haile was arrested. Animal Abuse and the Law While it seems pretty clear that Haile's conduct constitutes animal abuse, it's important to note that animal abuse laws vary by state. However, animal abuse generally includes both intentionally hurting an animal and neglecting an animal. Many states treat animal abuse as a fairly serious crime, although there are a few that have weak animal abuse laws. Since the teen was arrested in California, let's take a look at California's laws on animal abuse. California Animal Abuse Laws California Penal Code Section 597 defines animal abuse as "maliciously and intentionally" torturing, maiming, mutilating, wounding, or killing an animal. This section also prohibits overworking an animal and depriving an animal of food, water, or shelter. Violation of this statute can be charged as a felony or misdemeanor, and can result in imprisonment and/or a fine of up to $20,000.The statute doesn't provide much guidance on when animal abuse is charged as a felony versus when it's charged as a misdemeanor; however, it's safe to assume that the degree of abuse is what determines how to charge someone. In Haile's case, he has been charged with felony animal cruelty. Related Resources: Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory) What Is Considered Animal Cruelty Under the Law? (FindLaw's Blotter) Is It Legal to Hit Your Pets? (FindLaw's Law and Daily Life) Are There Any Defenses to an Animal Cruelty Charge? (FindLaw's Blotter)
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What Are ‘Ag Gag’ Laws?

So-called "ag gag" laws have allowed some states to muzzle animal rights activists, barring them from taking pictures or videos at livestock facilities. But many of these laws are being challenged in court. In the latest challenge, the American Civil Liberties Union is fighting back against Idaho's "ag gag" law, citing illegal constraints on First Amendment rights, Reuters reports. So what are "ag gag" laws? Agriculture Anti-Whistleblower Laws The term "ag gag" is short for two things: agriculture and gag order. A gag order makes it illegal to speak or report about a certain topic. They're often issued by courts in order to ensure that criminal defendants receive a fair and unbiased trial. In this case, the "gag" part of "ag gag" laws refers to a category of anti-whistleblower laws that relate to animal abuse in the agriculture industry. According to the Humane Society of the United States, these laws have the effect of blocking advocates "from exposing animal cruelty, food-safety issues, [and] poor working conditions" in factory farms. These "ag gag" laws can take many forms, but they tend to criminalize: Taking photos or video of agricultural facilities without permission, Applying for an agriculture job under false pretenses, and Failing to report animal abuses to law enforcement. It may seem perfectly reasonable for states to punish those who silently assent to animal abuse at factory farms. But opponents note that these laws have more often been used to target and prosecute undercover investigators -- those seeking to end animal abuse. Current 'Ag Gag' Suits Idaho passed an "ag gag" law last month, making it a misdemeanor to interfere with agricultural production. This includes recording or photographing factory farms without permission as well as obtaining a job for the purpose of doing economic damage to an agriculture business. A complaint filed by the ACLU on behalf of various animal rights groups complains that the statute violates the First Amendment by unconstitutionally hampering free speech. A similar lawsuit was filed by law professors who believe Utah's "ag gag" law is unconstitutional, reports Food Safety News. There are currently seven states with "ag gag" laws, and all seem to be potentially vulnerable to free speech challenges that the laws are overbroad. Laws which effectively burden speech without a compelling government interest may be struck down as invalid under the First Amendment, which is what "ag gag" opponents are hoping for. Currently, however, there is no binding precedent for striking down an "ag gag" law. Related Resources: Idaho's ag-gag law challenged in federal court (The Idaho Statesman) Horn Honking Restrictions Violate Free Speech, Washington Court Rules (FindLaw's Decided) Begging Ban is Unconstitutional Restriction on Free Speech (FindLaw's U.S. Sixth Circuit Blog) Court Upholds Students' Free Speech Rights in Sleepover Pics Case (FindLaw's U.S. Seventh Circuit Blog)
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