Asked in Animal / Dog Law for Idaho

Q: i’m thinking about pressing charges on my ex for animal cruelty and killing my puppy, what do i need to so this

there were multiple occasions where she was in his care and she got severely injured.

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1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
Answered
  • Boise, ID
  • Licensed in Idaho

A: Cruelty to animals WAS a crime in Idaho, until the wealthy farmers and ranchers in Idaho prevailed upon the Idaho Legislature, which acquiesced, lost their moral compass and agreed to repeal the state law. Now, the only thing you prosecute under is the City Code against cruelty to animals. Boise City Code 5-1-10 says:

5-1-10: Cruelty To Animals

A. Acts Specified: It shall be unlawful for any person to act in a cruel manner to any animal within the City. The phrase "cruel manner" shall include, but is not limited to, the following specific acts and omissions:

1. Any owner of an animal who fails to provide such animal with:

a. Sufficient good and wholesome food; or

b. Proper shelter and protection from the weather; or

c. Proper veterinary care to prevent suffering or disease; or

d. A clean and wholesome environment in which to live; or

e. Protection from the abuse of other persons.

2. Any person who, through act or omission, does any of following specific acts with an animal:

a. Abuses or otherwise mistreats; or

b. Tortures; or

c. Misuses; or

d. Overloads or overrides; or

e. Abandons; or

f. Exposes to unreasonable danger to health or life.

B. Penalties: Any person violating any provision of this section shall be deemed guilty of a misdemeanor, punishable by a fine of up to one thousand dollars ($1,000.00), or six (6) months in jail, or both. Each day such violation is committed or permitted to continue shall constitute a separate offense. It shall be the duty of any police officer, animal control officer or other designated City employee to take possession of any animal for which he has probable cause to believe falls under this section and deliver such animal to the humane shelter. All costs incurred for the maintenance of such animal will be paid by the person charged with the offense. (1952 Code §6-07-02)

SO, if you happen to live in the Boise City Limits, I would call the Boise City Police and report it and try to get him prosecuted. If you DON'T live in city limits, you're without a remedy, unless it bothered you and/or your children, in which case I would be more than happy to sue him for causing you and/or your children, "unreasonable, emotional pain and suffering," and will ask for money from him to be given to you, which will also, hopefully modify his abhorrent cruelty!

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