In general, animal cruelty is the inhumane treatment of an animal, whether a pet or livestock. Animal abuse is the deliberate physical neglect or harming of an animal.
In Texas, attacking a service animal is a distinct criminal offense. If an individual has any questions on the differences between these issues, they should consult with a local Texas lawyer.
When the owner or caretaker of an animal neglects that animal, the animal is considered to have been abandoned. This term is often used interchangeably with animal neglect.
Animal neglect may occur when the animal is not provided the necessities for survival, including food, water, and shelter. In Texas, good shelter includes:
Pursuant to the Texas Penal Code 42.091, it is illegal to attack a service animal if an individual does so intentionally or carelessly, and:
Pursuant to federal law, 75 FR 56266, a service animal is “any dog that has been specifically taught to carry out duties or complete tasks for the benefit of a person who is disabled, whether they have a physical, sensory, psychiatric, intellectual, or other mental impairment.”
Under this definition, other species of animals, whether they are wild or domestic, trained or untrained, are not considered to be service animals. The job or tasks of a service animal have to be specifically tied to the impairment of its handler.
Examples of service animal tasks or work may include, but are not limited to:
Under this definition, there are certain things that do not count as work or chores. This includes the impact of an animal’s presence on deterring crime and the provision of emotional support, well-being, comfort, or companionship.
In order to convict an individual of attacking a service animal in Texas, the prosecution must show the defendant did one of the following:
Depending on the circumstances of the case, attacking an assistance animal in Texas may result in a misdemeanor or a felony prosecution.
If an individual owned or was in control of an animal that attacked a service animal, it is categorized as a Class A misdemeanor. The punishments for a Class A misdemeanor may include:
There are two conditions under which attacking an assistance animal is classified as a felony. Ownership or management of an animal that harmed a service animal is a state jail felony.
This offense carries the following penalties:
If that service animal perishes, it is categorized as a third-degree felony that is punishable by:
Yes, if a defendant is found guilty, they will be required to pay the owner of the service animal restitution. Restitution can include having to pay for:
Emotional support animals (ESAs) are permitted to fly on airplanes under the current norms and regulations if the owner can present the following:
Even with these restrictions, there is a growing concern that not all of the species that are listed as ESAs are valid. There are numerous internet services that allow pet owners to register their animals as ESAs on unofficial databases. There are also numerous internet services that provide free screening with quick turnarounds on any required documentation, even though there are no concrete statistics to support this concern.
Attacks and incidents that involve emotional support animals have increased as airlines work to comply with legislation and ESA owners.
An individual may witness animal abuse. If this is the case, it is essential that they inform the appropriate authorities if they believe they saw an animal being mistreated rather than trying to enforce the law on their own. The local government will be able to assess the situation and address the issue, including punishing the animal abuser.
An individual should reach out to their local humane society, an animal welfare organization, or local authorities if they see or suspect someone is abusing animals. Agents of the humane society are legally able to investigate reports of animal abuse and even take custody of abused animals in Texas.
In addition, even if an owner’s actions are not considered illegal, the humane society representatives may be able to tell the individual whether local law enforcement can intervene.
If an individual’s animal was mistreated, they should notify the appropriate authorities immediately. In addition, the individual should keep records of any instances of animal cruelty or abuse, as they may be able to file a civil lawsuit against the offender in civil court or bring the matter to the attention of the regional district attorney.
Although an individual’s pet is typically considered a member of their family, it is important to remember that the law views them as personal property. This means that civil lawsuits for animal abuse or cruelty are usually only allowed to recover the animal’s market value.
It is rare for a court to award punitive damages or damages based on emotional distress in these types of cases.
If you are charged with an attack on an assistance animal in Texas, it is essential to consult with a Texas criminal attorney. Animals can sometimes act unpredictably and attack another animal even if you take every precaution possible.
Because this offense can be charged as a felony, legal representation is very important. Your lawyer will present the best possible defense in your case and represent you in court appearances. They will also attempt to negotiate with the prosecution for a reduction in charges or a dismissal of your case.
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