Overview of Arkansas Animal Cruelty Laws
General Framework of Arkansas Animal Cruelty Laws
The state of Arkansas has taken steps to protect its animals through the implementation of several anti-cruelty laws. However, the laws vary by the type of animal. With an ever-evolving legal framework, it is important for Arkansans to understand the scope and context of relevant laws related to animal cruelty.
In general terms, animal cruelty laws govern the treatment of animals and prohibit acts of cruelty against them. Specifically, Arkansas statutes define "cruel mistreatment," "abandonment," "cat," "dog," "animal," and "torture." The definition of "cat" includes any domestic feline and "dog" includes any domestic canine. The broad definition of "animal" excludes fish.
Under Arkansas law, it is illegal to abandon an animal, mistreat an animal, sell a diseased animal, make an animal fight for money or other benefit, and torture an animal. The legal statutes identify the signification of these terms . In particular, "cruel mistreatment" means the failure of a person having the duty of care of an animal, or having a reasonable opportunity for providing for the care of an animal owned by that person, to furnish it with the proper food, potable water, shelter, veterinary care and other normal care necessary to preserve the animal from physical suffering or impairment of health. It is important to note that there are exceptions to these provisions. For example, simply because a law enforcement officer believes an animal is being mistreated under the above definition, does not provide a law enforcement officer with the authority to seize the animal or otherwise remove it from the property. There are due process requirements that must be followed before a law enforcement officer can impound an animal.
In terms of penalizing action related to animal cruelty, it depends on the severity of the offense. Generally, a first offense is a low-level misdemeanor. A second offense within a five-year period is prosecuted as a Class D felony. Subsequent offenses are prosecuted as a Class C felony.
Arkansas statute lay out the circumstances under which persons convicted for animal cruelty may not own animals for a specific period of time.
Penalties for Violating Animal Cruelty Laws
The State of Arkansas has a variety of penalties for animal cruelty, which vary based on the classification of the offense. A person may commit either a Class A or Class B misdemeanor, or a Class D felony, depending on the nature and severity of the illegal actions taken against the companion animal.
Class A Misdemeanor: The penalties for a Class A misdemeanor, which is the charge associated with "the knowing failure to provide adequate care" for an animal, are the most severe. Punishment for this type of charge can include a maximum of one year in prison and a fine capped at $2,500. Alternatively, a judge may sentence the offender to perform a minimum of 120 hours (but no more than 200 hours) of community service at an animal shelter.
Class B Misdemeanor: A Class B misdemeanor, which is connected to inadvertently failing an inspection of your premises by Animal Control, may result in a maximum of 90 days in jail and/or a fine not to exceed $1,000.
Class D Felony: Even more severe is the penalty for a Class D felony, which is the most serious and is given out to offenders found guilty of knowingly using an animal to commit a crime in order to "achieve an unlawful goal." This type of sentence can result in fines of $10,000 or more and a maximum of six years in prison.
Recent Amendments to the Laws
The Arkansas General Assembly passed SB 446 in the 2017 Regular Session. The bill became law on August 15, 2017 and amends A.C.A. 5-62-109 (c) to provide that an order for the forfeiture of property described in (b) of this section may include an order for the forfeiture of all property in the possession or control of the defendant in the circumstances described in subsection (a). With positive identification of a crime-free, potentially abusive owner or custodian of an abused or neglected animal, authorities are enabled to issue a "hold order" if it is believed that any member of this family or any other member of this household will jeopardize the welfare of any other animal in the future by their actions or inactions. A "hold order" provides for the confiscation of existing animal property if such confiscation is done in a reasonable manner in order to evidence the owner’s intent to terminate that property status and allows the property to be held for the required ten (10) day period. Upon expiration of the ten (10) day period, the property will be forfeited.
Enforcement and Reporting Procedures
Animal cruelty laws in Arkansas are enforced at both the local and state levels. At the local level, each county or municipality typically has Animal Control officers who respond to calls and investigate reported cases of animal cruelty. These officers have the authority to seize animals that are found to be in distress or suffering due to neglect, abuse, or abandonment. In some cases, they may also be authorized to conduct investigations, issue citations, and pursue criminal charges in animal cruelty cases.
On a state level, the Arkansas State Police Criminal Investigation Division (CID) can also be involved in investigating cases of animal cruelty. CID has specialized agents who work with local law enforcement and animal control officers to investigate animal cruelty offenses. If the offense is severe enough, the CID may bring in animal crime experts to aid in the investigation, such as veterinarians or forensic scientists.
If you suspect that someone is committing acts of animal cruelty in Arkansas, you should report it to local law enforcement or animal control in your area. You can typically do this by calling the non-emergency police number for your locality, or by submitting an online report form through your local animal control website or agency. Provide as much information as you can about the situation, including a description of the animal(s) involved, the address or location where the suspected cruelty is occurring, and any relevant details about the persons involved. If you have evidence like photographs or videos, you should submit these with your report as well.
Once a report of animal cruelty is received, local animal control officers or law enforcement will typically investigate the situation by assessing the condition of the animal(s) and inspecting the location. If there is sufficient evidence of animal cruelty, charges may be filed by the appropriate authorities, and the animals may be seized for their safety. Depending on the severity of the cruelty and the evidence presented, the case may then go to trial, and a judge or jury will determine whether the accused is guilty of the charges.
Impact of Animal Crueltry Laws on Animal Welfare
The implementation of animal cruelty laws has a significant and positive impact on animal welfare in Arkansas. With the state’s evolving legal framework on the subject, a clear message has been sent: animal cruelty will not be tolerated in the state. The specific coverage of the amendments concerning acts of cruelty, owner’s failure to provide necessary care, and perpetrators’ ability to challenge animal cruelty charges ensure that animals of all kinds receive the protection they require.
Additionally, the enhanced penalties for animal cruelty offenses have provided law enforcement and regulatory officials with the necessary tools to hold offenders accountable for their actions. Knowing that there are greater consequences for violations has likely had a deterrent effect on would-be offenders . Further investigation, prosecution, and conviction efforts are now more common than they once were, showing that animals have more advocates who are prepared to see justice done.
By allowing for the establishment of animal cruelty intervention programs, these animal cruelty laws in Arkansas are beginning to change how the most serious offenses are managed. Offenders are given opportunities to reform through mandated education and court oversight. This has also expanded the scope of available resources to aid in similar cases across the state.
Finally, the discussion created by these laws has helped to raise awareness about animal welfare issues in Arkansas. While public awareness will never be as strong as it is in some other states, these animal cruelty laws have undoubtedly helped to shine a light on the importance of protecting the state’s animals from harm.
Public Awareness and Educational Programs
The state of Arkansas is home to several organizations and programs that aim to broaden public awareness of animal cruelty issues and educate the community on the importance of preventing animal abuse and promoting humane treatment of all animals. One key organization, the Arkansas Coalition Against Domestic Violence (ACADV), works at the grassroots level to provide resources and assistance to local domestic violence programs and shelters in helping to address abuse against animals in homes.
ACADV, along with the Arkansas Network for Children and Youth (ANCY), also launched a 2017 "Pets & Domestic Violence Survey" to study and report on the plight of abused women and children who may not seek help from authorities due to fear that their pets will be abused or neglected in the perpetrator’s absence. Amendments to the Arkansas Crimes Against Animals Act, ARS 5-62-101 et seq., make it a Class D felony to harm, neglect, or kill animals involved in the commission of a domestic family violence incident.
Preventing animal cruelty begins with education, and local schools in Arkansas teach children the importance of humane treatment of animals and the consequences for abuse. The Arkansas Watershed Coalition, for instance, host "Touching, Caring, Imagine, and Reflecting with Animals" (T.C.I.R.W.A.), an event aimed at pre-school children throughout Arkansas to help them build positive relationships with animals.
How to Get Involved in Animal Protection
Many people are looking for ways to help animals in need, not only on an individual basis but also through collective efforts. There are a number of ways to participate in the fight against animal cruelty in Arkansas. Unlike some states, Arkansas does not have a statewide organization that coordinates animal protection efforts. However, many local groups work tirelessly to promote the prevention of cruelty to animals, to help animals in distress and to encourage responsible care and stewardship by pet owners. After all, the wisest, kindest and most effective efforts to control animal populations is through education and responsible ownership. The teaching of humane principles to children from the earliest ages is the best defense against animal cruelty. One of the most effective ways to participate in the movement, any movement, is to join others. Animal advocates work hard to pass laws that protect animals, educate the public about responsible pet guardianship and rescue injured or abandoned animals. Lone efforts in this regard are not as effective. Getting involved with an established organization is an excellent way to broaden your network of like-minded people committed to a shared cause. The more people involved , the easier it is to enact change. Search the internet for volunteer opportunities, foster programs, adoption programs or community events organized by animal advocates throughout Arkansas. There are opportunities in legal areas, including helping attorneys with research, drafting motions, answering phones and clerical work. Young lawyers can acquire valuable training and experience in a pro bono setting. As noted above, education is perhaps the best defense against animal cruelty. Schools sometimes look for volunteers to speak with students about responsible pet ownership. There are also opportunities to form groups that share the common interest of animal rescue. Those groups will give the membership greater opportunities to participate in legislative efforts, volunteer opportunities and community events. Whatever the commitment, whether it is a monetary gift, time at the local shelter, a support network for each other or volunteering to educate the public, every little bit counts and makes a difference.