Horses and the Law

About Milt

Milt Toby is an author and attorney with a lifelong interest and involvement in the horse industry. He grew up showing American Saddlebreds, then switched to hunters, dressage, and combined training. He was an American Horse Shows Association steward at some of the country’s largest horse shows, and he has been to the races on six continents. Milt’s sixth book, Dancer’s Image: The Forgotten Story of the 1968 Kentucky Derby, was published recently by The History Press. His earlier books include The Complete Equine Legal and Business Handbook and Ruffian. Milt is a past Chair of the Kentucky Bar Association’s Equine Law Section. His website is www.miltonctoby.com.

A few clicks of the mouse pull up a map with my house designated by a push pin icon surrounded by a red circle, sitting dead center like a bull’s-eye. The map tells me that there are no registered sex offenders living within a mile of me. A few more clicks expand the radius of the circle to five miles, and this time the map identifies 23 registered sex offenders living in the vicinity. The offenders are identified by name, address, often a photograph, and a link to a site where I can find out the nature of the offenders’ crimes.

Every state has a sex offender registry. A National Sex Offender Public Website is maintained by the Department of Justice and links information from all 50 states, several U.S. territories, and a large number of Indian tribes. Aside from the voyeuristic appeal of knowing your neighbors’ secrets, there are some legitimate reasons for public disclosure of sex offender information.

It’s not so easy to identify convicted animal abusers, but that may be changing.

The country’s first mandatory registration program for convicted animal abusers was established in Suffolk County, New York, in October 2010. The rationale behind the registry was to identify animal abusers to shelters and rescues, pet stores and dealers, and individuals so that abusers would not be able to buy or adopt animals.

The idea seems to be catching on around the country, with legislation establishing animal abuse registries under consideration in several states.

State Update

In Arizona, HB 2310 was introduced in January 2012 and referred to the Military Affairs and Public Safety Committee. If approved, HB 2310 would establish an online registry identifying convicted offenders with a photograph, address, and their offenses. Offenders would be kept on the registry for a year after the first conviction, for life after a second.

In Florida, SB 618 was introduced last month and sent to the Agriculture, Criminal Justice, and Budget Committees. The legislation would require registration when an individual is convicted of animal abuse and annual updating of information in the registry.

In New York, A 5373 was introduced last year to establish an online registry including extensive information about convicted animal abusers: name, address, description, workplace address, date and nature of the offense, and social security number.

In Tennessee, the Tennessee Animal Abuser Registration, Tracking, and Verification Act (HB 3483/SB 3149) would require convicted abusers to register every year with local law enforcement authorities.

In Maryland, SB 301 would require the Department of State Police to establish the Maryland Animal Abuse Registry. Convicted abusers would be required to register within 10 days following a conviction, and then update the registry information annually.

A Scarlet Letter

I have philosophical problems with offender registries. I think they are overly intrusive; I think they amount to punishment beyond what is allowed by law for the offenses; and I think there is the potential for stigmatizing a convicted offender in a way that doesn’t allow for rehabilitation. The U.S. Supreme Court has upheld state sex offender registries on two occasions, though, and there is no reason to think that animal abuser registries would fare any different.

My concerns aside, animal abuser registries probably are the wave of the future. Registries can serve a useful purpose, but only with proper design and with proper utilization. With that in mind, here are some suggestions:

Every state should have one;

All convictions—felony or misdemeanor—should be included in the registry requirements; 

All animals, however they are classified—pets, companion animals, horses, livestock, whatever—should be included;

All registries should be incorporated into a multi-state database, like the National Sex Offender Public Website;

There should be a uniform standard for having a name removed from the list;

A check of the database should be required before any animal is sold or leased, adopted out by a rescue or shelter, or given away, and failure to do so should be a criminal offense in its own right.

Is an abuser registry in the works in your state?

Comments

Not in Illinois to my knowledge. I agree with you in your opposition to these types of resgistries, if their crime is so heinous as to brand them for life...simply keep them incarcerated.



Keela 14 Feb 2012 12:09 PM

Thank you for a GREAT article - this would be a good way for us to track these folks - especially when they move interstate.  Branded for life is not necessary - perhaps this would require them to do a certain amount of public service to work off their inclusion?  If you don't make it a PUBLIC tracking mechanism, at the very least it could be a STATE database that officials in animal control, etc. can use.



REBECCA 14 Feb 2012 2:48 PM

a fabulous idea.I hope we could get something like TNT going in cnd too.



Denise 15 Feb 2012 3:26 PM

that not TNT.  sorry about my typing



Denise 15 Feb 2012 3:27 PM

I think they should be branded as an abuser for life.  A leapord doesn't change its spots.  How many times have you seen a rapist let off the hook only to repeat a crime that could have been prevented?  Our judicial system stinks.  If you do the crime then you should do the time!  They should have their names, pictures, address etc. posted in every post office, feed, pet store and so on.  Maybe the fear of that alone would deter some abusers.  A registry is a great idea.



Melodie 15 Feb 2012 3:45 PM

I am definitely divided on this issue. Registries are intrusive, and I don't truly see the correlation between animal abusers and sex offenders. Not all those convicted of animal abuse are barred from ever owning an animal again, and not everyone seeking to sell or give away an animal would bother with a background check no matter what the penalty might be. What purpose would such a data base serve, if not to prevent convicted animal abusers from obtaining animals? Still, there are people who should never be allowed to own or have control of an animal again, and even a flawed system to prevent animal abuse is better than nothing.



Elissa 15 Feb 2012 3:50 PM

Until states like mine (Michigan) can come up with stiffer penalties/fines for neglecting or abusing animals, this registry would be the next best thing: animals have no voice in the legal system, and so to have extra eyes (neighbors, etc.) out there looking after them would only be a tremendous benefit.  If you can't care for your animals via your pocket book (a loving heart won't put food in the bowl or the manger), you shouldn't own animals.  I have seen just as many bleeding hearts out there who are doing their animals no justice (in some cases these people would be considered animal "hoarders"), in addition to folks with the means to truly care for those animals. There should be a push for more public education on responsibilities of owning and caring for animals of all species from birth to end of life.  



Leigh 16 Feb 2012 10:41 AM

Think this is a great idea. If someone has been convicted, why should we care about their privacy?

Elissa, animal abusers and sex offenders are equally as disgusting in my book.



Wendy 16 Feb 2012 12:21 PM

Wendy,

Some people deliberately torture animals. Some simply have more than they can care for. Other abusers fall somewhere in between. Animal torturers and pedophiles certainly share some similarities, but I don't think an animal hoarder is anything like a serial rapist.

There are too many reasons why we should care about even criminals' rights (lest we lose our own) for me to go into them here. The world is many shades and colors, not simply black and white.



Elissa 16 Feb 2012 3:07 PM

Do you trust the system that locks an 18 yr. old teen up for FIVE years for dating a 14 year old with whom he had consensual sex?  In our town such a young man was finally released with a lifetime sex offender registration, despite his now much-matured girlfriend's insistance that their relationship was and still is consensual.  This stuff always sounds great but implementation gets SOOOOO messed up.  Hate animal abusers all you want, but do not support systems that will invariably cast too wide a net and catch innocent people at times and miss the worst offenders at other times.  Imagine a PETA extremist deciding to go after you because of a misconception about your training methods....



Mary K 16 Feb 2012 8:25 PM

Then there are people who just don't agree with the way you care for your animals.  Not that they are being abused but they don't do it they think it should be done everyone has there own way of caring for there animals.  Now if they are emaciated and not being fed that's different.



Marcia 17 Feb 2012 8:40 AM

The sex offender registry, though Constitutional according to the Supreme Court, violates Article I, Section 9, prohibiting ex post facto laws.

Milt, does the New York registry require past offenders to register?  Do the current bills contain such a provision?  How does that fit into your suggestions?



Rachel 27 Feb 2012 3:55 AM