Q: What are the chances of this being a bonafide animal cruelty charge? or the dog seized?
A friend fears her dog being removed from her, as a result of grabbing the dog, prying its mouth open using her own hands and using her knuckles to rub the skin over the teeth so the dog would release some over the counter liquigel capsules. She grabbed him by the head and shoulders in panic and slapping the side of his snout..this all occurred in the backseat of her suv while parked in a public lot with 3/4 of the doors open. She had been cleaning out the vehicle of trash, papers, etc. The dog didnt cry or whimper, she was able to retrieve the pills from his mouth after holding him tightly down and forcing her hand. Her fear is that others saw or recorded this event and may report her for animal cruelty/have the dog seized. We read the penal code and the TX law is vague on what "torture" and "cruelty means, "intention and reckless" She intentionally hurt the dog so he would open his mouth to get the pills.
A:
There is no specific list of what is or is not animal cruelty. The intent behind a behavior can determine whether or not any crime was committed. For example, suppose Jason cuts your torso wide open with a sharp knife. He may have committed a crime like Aggravated Assault or Attempted Murder or he might be a surgeon removing a cancerous tumor to save your life. Also, Texas has a NECESSITY defense in chapter 9 of the Penal Code... it is a general catch-all defense for situations where an action is necessary to prevent something WORSE from happening.
Bottom line is that even if the person is charged with a crime, they can't be convicted unless the state can prove every element of the offense beyond a reasonable doubt and DISPROVE any justifications, like Necessity, that is raised by testimony or other evidence.
Be aware that being factually innocent won't necessarily prevent an arrest. If the dog is impounded, quick action must be taken or it may be destroyed long before the criminal case is resolved.
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