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Stronger animal abuse law

Abusing animals is now more than just a slap on the wrist in Ohio as the penalties have been raised following the passage of House Bill 60 which makes many animal-related crimes felonies rather than misdemeanors.

“It’s more severe, so hopefully it wakes people up a little more and make them more conscientious about what they are doing with their animals,” said Misty Carpenter, humane officer and manager of the Humane Society of the Ohio Valley. “If you cause any physical harm to an animal, depriving food, water, shelter — it’s all under this law now.”

The law, known as Dick Goddard’s Law, says that any acts of physical harm to any animal that is kept inside a residential dwelling and any dog or cat regardless of where it is, will result in a fifth-degree felony charge. Previously this was only a second-degree misdemeanor.

“Basically, it is now a fifth-degree felony in Ohio to knowingly cause serious physical harm to a companion animal,” explained Washington County Sheriff Larry Mincks.

House Bill 60 was passed on June 13 and came into effect on Sept. 13. Those convicted could receive six months to a year in jail with a $2,500 fine. Before, the maximum second-degree misdemeanor sentence resulted in 90 days in jail and $750 in fines.

Additionally, it is now an automatic prison sentence for those that abuse any law enforcement animal that dies as a result of the injuries and state officials are required to help develop resources to help veterinarians identify situations in which owners use their pets to get opiods.

“It imposes mandatory time in prison for assaulting a police dog or horse that dies as a result of their injuries,” said Carpenter. “Hopefully, it makes people think more about how their animals should be taken care of.”

Mincks noted that the county is working hard to better protect the animals in the area.

“Our dog warden is very proactive in this county — the enforcement in the area has shot up by 300 to 400 percent (since dog warden Kelly McGilton was hired in 2013),” said Mincks. “I would hope that this is a bigger deterrence to anyone who might consider doing any of these things.”

Washington County Dog Warden Kelly McGilton was unavailable for comment.

Many serious local cases in the past have been charged as misdemeanors, as that was the only option.

Alicia Fryman, 30, of Marietta  was breeding boxers and when she no longer found them useful because they weren’t breeding, she would put them two to three boxers in a cage and wouldn’t feed them. They stayed there until they died, according to McGilton.

Fryman was charged with 11 second-degree misdemeanor animal cruelty charges. She spent 15 weekends in jail and was ordered to not own animals during her probation.

In other instances, there have been cases where youth beat a pet duck to death with a pipe where it sat on its eggs and where a man tied a rope around a cat’s neck to break it and then proceeded to shoot it. It has been reported that someone was setting cats on fire.

All of these, prior to the new law change, were misdemeanors.

Washington County Sheriff’s Major Brian Schuck said that at times, it was frustrating that they were only misdemeanor charges after dealing with many of the severe cases.

“As law enforcement officers, sure we get frustrated sometimes because we are directly involved with those types of cases,” he said. “We see the carnage first-hand and deal with what has taken place.”

He also noted that when it comes to those individuals that may have mental health issues, — such as hoarding cases — those cases will be dealt with as they come, as some might not knowingly be causing harm to the animals.

“I guess (those situations) would be dealt with on a case-to-case basis, which would require an investigation and would involve the prosecutors in the investigation,” he said.

Many community members felt that this change in law is for the best.

“I agree with it 100 percent,” said Brenda Buzzard, 58, of Marietta. “I don’t feel that people should abuse animals. If they are going to own the animals they need to take care of them.”

Clay Burdiss, 53, of Barlow, said that as long as the law prosecutes those that knowingly abuse animals and not those who are unintentionally harming their pets, he feels the change is acceptable.

“If they are intentionally harming, I believe they should be prosecuted; I think it should be a felony,” he noted. “It’s not right.”

Alys Wagner, 72, of Waterford said she is an animal lover and hopes the new law will help these animals, but she has her doubts.

“I think it’s really terrible that people mistreat their animals,” she said. “I hope (the new law) will kind of make people think before they do this, but there are still going to be those people out there that are going to think they will get away with it and still do it.”

There haven’t yet been any cases in Washington County under the new law.

About the law

¯ Ohio House Bill 60 — Dick Goddard’s Law — was passed on June 13 and came into effect on Sept. 13.

¯ The law was named after Fox 8 Cleveland’s weatherman Dick Goddard after he fought to have the law passed.

¯  The new law raises the animal cruelty penalty from the previous misdemeanor charge to a fifth-degree felony charge.

¯  Animal cruelty charges include those who knowingly cause serious physical harm to a companion animal, depriving food, water and shelter.

¯  Additionally, the law is now an automatic prison sentence for those who abuse any law enforcement animal that dies as a result of the injuries.

¯  State officials are also required to help develop resources to help veterinarians identify situations in which owners use their pets to get opioids.

Source: Washington County Sheriff’s Office.

 

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