Oxford’s local animal shelter/rescue, Mississippi Critterz, was recently accused (and cleared) of committing criminal “animal cruelty.” The gist of the allegations was that the rescue organization and their employees were neglecting sick and wounded animals. Although the criminal allegations were investigated and found to be baseless, it gives us an opportunity to discuss the Mississippi law that protects our most common and beloved pets.
In 2011, Mississippi passed the Mississippi Dog and Cat Pet Protection Act, and, after aggressive lobbying by animal rights groups, the Act was amended in 2020 to make the penalties much harsher. The Act applies only to domesticated dogs and cats. The treatment of other “living creatures” is protected by a set of comprehensive, although less severe, laws that make it a misdemeanor (small time, low punishment) crime to intentionally or with “criminal neglect” mistreat animals. A violation of these animal cruelty laws carries fines of only ten to one hundred dollars and jail of ten to one hundred days. Mississippi’s domesticated dogs and cats, rightfully so or not, are given much more protection.
The Dog and Cat Protection Act divides mistreatment of dogs and cats into two categories. The first, less serious category is “simple cruelty.” It applies to what can generally be called “neglect” but also to intentional wounding. The Act provides that it is a misdemeanor (small time) crime to intentionally or with criminal negligence wound, carry, or confine in a cruel manner or deprive of adequate shelter, food, or water. Intentionally means to do something on purpose. Criminal negligence means to ignore a known or obvious risk or to disregard the life and safety of others (or pets in this law).
Therefore, under the Dog and Cat Law, it is a crime to intentionally wound a pet dog or cat and to or recklessly fail to provide adequate care. In the 2020 case of Dancy v. State, a simple cruelty conviction against a man whose dogs were found malnourished and without any source of water was affirmed by the Mississippi Supreme Court confirming that neglect alone, without the intention to harm, is a crime under this part of the Act. The punishment for simple cruelty is up to six months in jail and a fine up to $1,000 (Mr. Dancy did not serve any jail time).
The second, more serious category is “aggravated cruelty” and applies if a person “with malice shall intentionally torture, mutilate, maim, burn, starve to death, crush, disfigure, drown, suffocate, or impale” any domesticated dog or cat. Good grief, what a terrible list, and certainly these should be serious crimes. This category does not include any negligent abuse or neglect, the type of actions described above where a person fails to act with care or is reckless with the safety of pets.
For example, take the case of Shotts v. State out of Madison County. In 2014, Mr. Shotts was arrested for burning his girlfriend’s dog. He claimed he was giving the dog a bath and the water must have been too hot causing burns all over the dog’s body. Although the dog was obviously injured and it appears that Shotts should have been aware the dog was being burned, the Mississippi Supreme Court reversed Shotts’ aggravated cruelty conviction because there was no evidence that Shotts acted with “malice,” which means acting in the spirit of cruelty, revenge, or hatred. Our Supreme Court said carelessness, even extreme carelessness and disregard for safety and life, is not enough to constitute malicious, aggravated cruelty. Reckless conduct falls under the first category of simple cruelty even if the injuries are severe. Malicious abuse requires “malice,” a black heart if you will, an evil intention to cause injury.
Aggravated cruelty is a felony, a serious crime that “goes on your record” and will pop up in background checks and must be identified on job applications. A first offense of aggravated cruelty carries a punishment of up to three years in prison (i.e. Parchman). A second aggravated cruelty charge within five years of a first conviction carries at least one year in prison, mandatory, and possibly up to five years. Fines range from $1,000 to $10,000. For all violations of the Dog and Cat Protection Act, the Court can order psychological evaluation and counseling and can prohibit the convicted person from living in a house with cats or dogs for up to fifteen years.
Mississippi law is in line with national law after the 2020 amendments that added increased penalties for convictions. After the 2020 amendments, animal rights activists praised the State for an animal cruelty law “with teeth.” I’m not sure if they intended a pun. But, in a world where it seems like it is hard to find a subject everyone can agree on, there can be no serious debate that a society should protect its animals, and Mississippi’s law makes it a serious crime to neglect and abuse our domesticated dogs and cats.
Mitchell Driskell has been an Oxford lawyer for twenty-one years. He practices criminal law, family law, business transactions, and civil litigation. Email him mdriskell@danielcoker.com. Follow him on Instagram @mdriskell, twitter @MODIIItweets, and on Facebook.
