A Primer on Animal Cruelty Laws in Oklahoma
In Oklahoma, animal cruelty laws exist to protect the welfare of animals and to prevent their abuse or neglect. The general purpose of these laws is to prevent an individual from purposefully causing harm to an animal or allowing terminable harm (which is harm that would result in death) to come to the animal by their being in the care of the person. It also prevents any euphemisms that the individual might use to avoid being found guilty of animal cruelty, such as claiming the animal was old or sick and had to be euthanized, because if that euthanization would not have been necessary if the individual cared for the animal properly.
Animal cruelty is defined as:
Any knowing act or failure to act toward an animal resulting in or amounting to:
…Any intentional or unintentional….
- (1) Killing, maiming, torturing, poisoning, shooting, wounding, unnecessaryly mutilating or carrying in any manner a household pet or livestock , or causing, procuring, or permitting a minor or animal control agency to engage in such conduct;
- (2) Striking or otherwise causing bodily injury or physical pain, distress or death to a household pet or livestock, or causing, procuring, or permitting a minor or animal control agency to engage in such conduct;
- (3) Beating a dog or cat or otherwise causing the dog or cat unnecessary pain or suffering;
- (4) Abandonment of a household pet or livestock;
If someone is found guilty of animal cruelty, they may be charged with either a misdemeanor or a felony. The specific penalty will depend on the nature and severity of the animal cruelty that was committed. In general, a misdemeanor will carry a less severe punishment compared to a felony. A misdemeanor will most likely be a pay-only amount that can be easily paid by the perpetrator, while a felony may include a significant prison sentence.
Categories of Animal Cruelty Under Oklahoma Law
While the laws that protect animals in Oklahoma are intended to be sweeping and comprehensive, they are not necessarily simple. This is a subject that courts have wrestled with and there have been many cases of animals that have been abused, injured or even killed without the perpetrator facing any punishment because at the time there was no law even on the books to cover that type of offense.
Laws and statutes should be continually examined and updated so they keep pace with the way society changes over time and Oklahoma is gradually getting there. Predators still have an advantage over the prey, but at least in Oklahoma we can see the law taking steps to correct the imbalance. Just this year, in 2013, the law has expanded to include seizures for other types of aggravated cruelty.
Physical abuse is what most people think of as animal cruelty. An animal is physically harmed – maimed, severely injured, etc. This type of abuse typically means outright torture to the animal and may include bone fractures, lacerations, wounds, concussions, cuts, burns, bruises and malnutrition or dehydration. In Oklahoma, this includes animal fighting. Neglect and abandonment are another form of animal cruelty. Pets left chained with no shelter or food, horses abandoned in large fields or dog fighting rings left unattended are all considered abuse. Neglect doesn’t happen overnight and it does not necessarily qualify as a sudden criminal offense. Laws in Oklahoma require veterinarians to report animal neglect or abuse. If you suspect neglect or abuse to your pet or if you witness animal cruelty do not allow your fear of being prosecuted keep you from doing what is right.
Cruelty can also take the form of abandoning an animal. A situation in which an owner, intentionally or through gross negligence, leaves a domesticated animal without one or more of the following: adequate sustenance, water, shelter, veterinary care, or other care, in a place or under circumstances that may endanger the health of the animal.
The term tortured means: "intentionally or maliciously torturing or poisoning, or unlawfully transporting, a dog, horse, cattle, sheep, goats, swine or poultry while held on premises or placed under control of a person, by driving or carrying the animal to a different location, by killing any such animal in a manner prohibited by Section 1705 or 1706 of this title, or by causing the animal to be carried or transported, except as specifically authorized by law."
Torture also applies to animals that are not domesticated including wild animals.
Penalties for Breaching Animal Cruelty Laws
The penalties for violating Oklahoma’s animal cruelty laws can vary depending on the severity of the violations. First-degree violations (those that result in the death, starvation, or dehydration of an animal) can carry up to a $5,000 fine and/or a maximum of five years in jail. Second-degree offenses may carry a fine of up to $1,000, with a maximum jail sentence of one year. Repeated violations of the animal cruelty laws (i.e., three or more convictions within a 60-month period), may lead to a maximum fine of $10,000 and/or a maximum of six months in jail.
In addition to the fine and any possible prison time upon any conviction under Oklahoma’s animal cruelty laws, a judge may also order a defendant to complete a psychiatric evaluation and undergo mental health counseling, if there is reasonable cause to believe that such an evaluation and/or treatment is in the defendant’s best interest. The defendant may also be required to undergo counseling and training relating to the proper care of animals. Most importantly, a judge may suspend an offender’s right to own, harbor, or take care of a dog, horse, or other animal (or they otherwise could).
Recent Changes and Revisions to Oklahoma Laws
Since 2012, Oklahoma’s animal cruelty laws have gone through various amendments, aiming to close loopholes and strengthen protections for animals. A major change was the 2012 enactment of the Oklahoma Animal Cruelty Statute (OAS). Significantly more comprehensive than previous statutes, OAS refers to Title 21 Sections 1685-1697 of the Oklahoma Statutes and stipulates ‘prohibited acts’ for animal cruelty. These prohibited acts include but are not limited to torturing, torstealing, willfully killing, maiming or poisoning an animal; causing unnecessary or unjustifiable suffering to an animal; or failing to provide essential care that may deprive an animal of its health or well-being. Previously, the law failed to address preventative measures for the continuation of the animal shelter care system; the above-listed acts only regarded the cruel actions normally associated with animal cruelty . These modifications are beneficial in preventing the occurrence of animal cruelty throughout the whole lifespan of a shelter animal, from initial housing conditions until adoption. Amendments between 2015 and 2019 were largely focused on implementing stronger penalties than before as well as expanding the definition of animal cruelty. These amendments included fines; increased sentencing for repeat offenders, and the addition of medical examinations and nutritional and exercise requirements. In examining these laws, it is important to note that ‘animal’ strictly refers to only domesticated animals. After some inconsistency in the past, Oklahoma law defines ‘domesticated animal’ as a species of animal "that is customarily raised in captivity." Accordingly, cats, dogs, rabbits or animals of any type that have been selectively bred for generations are considered domesticated and thus regulated with animal cruelty laws.
Reporting Animal Cruelty: How You Can Help
If you suspect that you have witnessed, or stumbled across, an incident of animal cruelty, it is important to document what you see (or hear) and report it. While this process can vary from one region of Oklahoma to another – the first step in reporting animal cruelty in Oklahoma typically involves calling a municipal or county animal control department. Most local governments have animal control officers who respond to concerns related to animal welfare. Local police and sheriff’s offices will also respond to reports of animal cruelty. It is critically important that you provide as much information as possible when reporting the incident to the authorities, including what kind of animal you believe is being mistreated and any other details that you think would be helpful.
Based on the facts, local authorities may determine that they wish to take action in the matter. An arrest may be made at that juncture, but there are also many other steps to be taken before a successful charge or conviction for animal cruelty can be obtained. One thing to keep in mind is that even if an officer does not believe that animal cruelty has occurred after taking down a report, that does not mean that the matter is over. Many incidents of animal cruelty, especially those that involve organized groups or more far-reaching problems, may take time to review before any actions are taken.
Oklahoma Resources for Protecting Animals
For those looking to support animal welfare efforts in Oklahoma, resources abound to provide avenues for involvement. Numerous organizations are committed to the protection and advocacy of animals, serving as vital resources for both those directly involved with animal welfare efforts and those simply interested in learning more.
Statewide, the Animal Legal Defense Fund of Oklahoma is a strong advocate for animals in the state. ALDF is the nation’s first and largest nonprofit legal organization striving to protect the lives and advance the interests of animals through the legal system. ALDF attorneys work to strengthen existing anti-cruelty laws, provide free legal assistance to law enforcement, prosecutors, judges, and animal advocates, and even train law students and attorneys in legal tools that can help save animals’ lives. In Oklahoma, this has meant challenging perpetrators of dog fighting, assisting in the prosecution of numerous puppy mills, and advancing domestic violence awareness training. The ALDF Student Chapters in Oklahoma extend the reach of these efforts through their outreach in local communities and increase awareness in law schools across the nation. Student chapters provide education on animal law, organize community service and legal clinics regarding preventing and addressing animal cruelty , and work with local animal shelters to promote the adoption of animals into loving homes.
Participating in ALDF’s Legislatively Active American like® program is another way to help "stop and prevent animal abuse by supporting laws that improve the treatment of animals." Through grassroots campaigns, ALDF has successfully lobbied for legislation to increase penalties for dog fighting, end puppy mill cruelty, and safeguard victims of domestic violence through the pet custody legislation. By voicing opinions with state legislators on animal issues, you can proactively help shape the future of animal welfare in your state and even at the federal level.
If you are looking for ways to get involved locally, contact your local animal shelter or check out the Oklahoma City Animal Shelter website. The website lists upcoming volunteer opportunities as well as ways to donate. Oklahoma County’s Animal Shelter, for instance, provides several ways for the public to become involved; volunteers are needed to help the staff and animals at the shelter, shelter pets are available for adoption, and donations to the shelter can be made of money or in-kind goods. Supporting local shelters is a valuable way to assist local animals in their area.
By utilizing resources such as the Animal Legal Defense Fund and local animal shelters, Oklahomans interested in protecting animals can find numerous opportunities to get involved and have a direct impact in rescuing and defending animals.
