South Dakotans want felony animal cruelty laws

We've learned a lot from prior efforts to pass felony animal cruelty laws in South Dakota. While the support of well-respected national animal welfare organizations is often important, these organizations seem to make South Dakota Ag lobbyists a little uncomfortable. In fact these lobbyists convinced legislators to take time during the eighty-seventh legislative session to pass a resolution expressing their disdain for animal rights groups. We hope this resolution doesn't mean legislators aren't open to talking with their constituents who also happen to be South Dakota animal advocates. We're hoping this resolution was just a show of support for SD's number one industry, agriculture.

But for the record... SDFACT is not an animal rights group. We are not a part of PETA, ALDF, HSUS, ASPCA, American Humane Association, Best Friends or any local animal shelter or rescue organization. SDFACT is a grassroots movement. We're a group of average South Dakotans volunteering our time to gather the facts about South Dakota animal cruelty, urge our legislators to pass felony animal cruelty laws in 2013, and speak up for the animals who have no voice.

Some of us have been citizen lobbyists before and others are new to the South Dakota legislative process. We are animal advocates from across the state of South Dakota who want to protect our pets and communities from violent offenders. It is time South Dakota join the 48 other states in the country with felony penalties for malicious & intentional acts of animal cruelty. South Dakotans want felony animal cruelty laws and it is just that simple.

Rocky's New Year's Resolution: Will You Take Action Today

So you've been following the issue - you know felony animal cruelty laws in South Dakota are important but have you taken action?

Make Rocky's New Year's resolution a reality. South Dakota should be the 49th state in the country with felony level penalties for the most malicious acts of animal cruelty because we want to protect our pets and communities from violent offenders. There is a link between animal cruelty and human violence and recent cases in South Dakota demonstrate the need for such laws, check out this link for the facts.

Rocky's owner and other animal advocates have been asking the South Dakota Legislature to focus on this issue for the past 5 years. We need your help in 2013 to make this a priority for our new legislature.

Take action today, South Dakota's Legislative Session begins soon and we are still working to secure a sponsor for this bill. Dozens of advocates have already contacted their legislators, many are sympathetic to the issue but none have agreed to lead the charge. Perhaps big Ag interests have shared misinformation on the subject or perhaps they just don't think it is important to you, their constituents. Make your voice heard.

Follow these simple steps and take action now:

1. Email us at sdfact@gmail.com to request fact sheets and documents to help you draft a letter to your legislators.
2. Find your legislators by following this link: http://legis.state.sd.us/sessions/2013/MemberMenu.aspx if you don't know who represents you, click on the 'Who are my legislators' link.
3. Use the state's website to email your legislators today. You are their constituents and they want to work on issues important to you like passing felony animal cruelty laws in 2013.

While contacting your legislators may take a few minutes of your time it could prove to be invaluable in our grassroots effort to advocate for animals in South Dakota.  Please share this blog and encourage your friends, family members, neighbors and co-workers to take action.  Don't leave it to others... we've tried for 5 years and it is time everyone take a stand and encourage the South Dakota Legislature to make felony animal cruelty laws a priority in 2013.

Myth: SD Felony Animal Cruelty Laws Will Negatively Affect Hunting & Animal Agriculture

Another common myth promoted by opponents is that 'South Dakota felony animal cruelty laws negatively affect hunting and animal agriculture'. This couldn't be further from the truth.

Case and point... our neighboring states have had these laws on the books for 10 to 20 years and continue to enjoy a viable Ag economy and vibrant tourism/hunting industry.

Montana passed a felony animal cruelty law to protect all animals in 1993.

Iowa passed a felony animal cruelty law in 2000 and exempted animal agriculture and hunting practices.

Minnesota passed a felony animal cruelty law to protect pets or companion animals in 2001.

Nebraska passed a felony animal cruelty law to protect all animals except un-captured wild animals in 2002.

And the only other state in the country without felony animal cruelty laws... the state of North Dakota has a felony animal cruelty bill drafted now to protect dogs, cats and horses in 2013.

A felony animal cruelty law in South Dakota will not affect hunting or animal agriculture. South Dakotans want protection for our pets and communities. Don't let them confuse the truth.

ALDF Ranks South Dakota One of the Worst States for Animals

The Animal Legal Defense Fund (ALDF) announced the publication of the 2012 U.S. Animal Protection Laws Rankings Report. South Dakota has once again been ranked one of the worst states in the entire nation for animals. South Dakota & North Dakota are the only two states with no felony-level penalties for egregious acts of animal abuse. In addition to this, areas needing improvement include mandatory mental health evaluations or counseling for offenders and restrictions on future ownership of animals following a conviction.

The ALDF report is the longest-running and most authoritative report of its kind. The Rankings Report assesses the strength of each state’s animal protection laws by examining over 4,000 pages of statutes. Each jurisdiction receives a score based on fifteen different categories of animal protection. The Report also highlights the top, middle and bottom tiers of jurisdictions and notes the "Best Five" and "Worst Five" states.

South Dakotans Fighting Animal Cruelty Together (SDFACT)  is a local grassroots coalition advocating for felony animal cruelty laws for companion animals. The group is currently working on securing a 2013 bill sponsor for the most egregious acts of animal cruelty against a companion animal related to the safety of  our communities. Animal cruelty is a predictor and indicator of violent crimes, domestic violence and child abuse. In a 20 year study, 70% of animal abusers were found to have then committed other crimes and 44% went on to harm people. (Arluke, A. & Luke, C. 1997) Current penalties for starting a puppy on fire is the same as writing a bad check. An individual would receive a  stiffer penalty for stealing a painting of a dog than abusing the actual dog.

SD FACT volunteer, Sara Parker states “We’re providing the facts and we need all South Dakotans to advocate. All neighboring states, except North Dakota, have had these laws on the books for year and they still enjoy a strong ag economy. This is about offenders who intentional and maliciously abuse companion animals. It is just the simple. South Dakotans want stronger penalties as our current laws are outdated; advocates have been pushing for felony-level penalties for several years. There is a proven link between animal cruelty and human violence – acts of malicious and intentional cruelty against an animal should be taken seriously. The state should mandate mental health evaluations, counseling, fines and prison time as appropriate to each case.”  

To  join  the SD FACT mission efforts contact us at SDFACT@gmail.com or visit facebook.com/SDFACT and sdfact.blogspot.com.

To learn more about The Animal Legal Defense Fund (ADLF) rankings visit http://aldf.org/article.php?id=2269.

Myth: Only Out of State Animal Rights Groups Want Felony Animal Cruelty Laws in SD

It is just plain wrong when opponents say 'only out of state animal rights groups want felony animal cruelty laws in South Dakota'.

For the past five years South Dakotans have been asking legislators to make this a priority.

South Dakotans believe we should join the forty-eight other states in the country who already have these laws on the books.

South Dakotans are outraged by recent cases that demonstrate the link between animal cruelty & human violence.

South Dakotans want the legislature to pass a law that would protect pets and our communities from violent offenders.

Obviously, national animal protection organizations from the Animal Legal Defense Fund and the Humane Society of the United States, to the ASPCA, American Humane Association and Best Friends Animal Sanctuary support South Dakotans in advocating for animals - why wouldn't they, that is what they do.

But only South Dakotans set the priorities in our state and South Dakotans want felony animal cruelty laws in 2013.

This type of animal cruelty does happen in SD; ask Harley

For the last few years animal advocates have been asking the South Dakota Legislature to make the most malicious acts of animal cruelty a felony meanwhile forty-eight other states already have felony laws in place. One myth promoted by opponents is 'that type of animal cruelty just doesn't happen in South Dakota'.

Unfortunately on occasion it does. Janet Meyer of Brookings is fighting for justice for Harley, her 13 year old Chihuahua.  According to Meyer, on the evening of Saturday October 27 Harley was viciously attacked and kicked in the head sending him flying across Meyer's yard. Harley was immediately knocked unconscious and stopped breathing. "I thought he was dead," said Meyer, "he did not resume breathing for an agonizingly long period of time."

Harley suffered a severe brain injury and while he did recover Harley is still somewhat shaky and is no longer the outgoing canine companion Meyer came to love. Harley's attacker was a male passerby walking with a group of friends who laughed after the attack and ran away. No arrest has been made but thanks to Crimestoppers the perpetrator has been identified. You can follow their story on Facebook.

Our neighboring state to the south knows this type of animal cruelty doesn't happen very often, but when it does Nebraska has a law to address violent acts against an animal. The recent case where an Omaha man was sentenced to prison for dog's horrific death is case and point. Nebraska's law has been on the books for 10 years and as Humane Investigator Langan states "felony animal abuse charges are filed only about two or three times a year — typically in cases in which an animal has been tortured, repeatedly beaten, mutilated or abandoned."

For those who say 'that type of animal cruelty just doesn't happen in South Dakota'... we hope it doesn't, but in the rare case where it does we want an appropriate law in place. Felony animal cruelty laws will protect pets and South Dakota communities from violent offenders.

UPDATE 1/8/2013 -

Harley's attacker was identified and arrested. Shane M. Hauge entered a guilty plea on January 8th to the injury or death of an animal (Harley) - a misdemeanor class 1. Hauge was sentenced to 100 days in jail; 86 suspended, a $413 fine and $500 restitution toward Harley's vet bills of $2500.

Although they was some sort of justice for Harley, Janet Meyer continues advocate for change of current South Dakota animal cruelty laws. Creating felony penalties will provide prosecutors with another option when dealing with violent offenders.  Meyer says "We are the voices for our beloved animals. SD law makers hear us roar! Make it a felony to maliciously and intentionally hurt or kill our pets in 2013!"

Forty-eight States Already Have Felony Animal Cruelty Laws

We are always surprised to hear so many South Dakotans do not know we are one of only two states without felony level penalties for the most malicious acts of animal cruelty.

Cases like the Burbank man who beat his neighbor's dog to death with a hammer don't happen here very often. When they do South Dakota needs a law on the books to ensure violent offenders receive a punishment that equates to more than that of a traffic ticket.

South Dakotans do care about pets and the safety of our communities. There is a proven link between animal abuse and family violence. Our neighboring states were progressive in addressing this link years ago. Most have had felony animal cruelty laws in place for 10-20 years.

So why would South Dakota be the last? We are often outraged by random acts of violence and we pride ourselves on helping others. South Dakota communities come together to protect children and families from abuse, we generously donate to organizations dedicated to helping the less fortunate, and we enjoy a great quality of life.

With agriculture being the number one industry in South Dakota we also take great pride in our farmers and ranchers who drive a strong economy and are good stewards of the land and animals in their care. This is also reflected in the manner with which we treat our pets. A felony animal cruelty law is not about animal rights, it is about preserving the safety of our communities from violent offenders and protecting our companion animals.  The very dogs, cats and horses we committed to care for when we adopted or purchased them.

That is why it is particularly disturbing our current laws don't reflect our South Dakota pride. Let's work together to make South Dakota the forty-ninth state with felony level penalties for the most malicious acts of animal cruelty. If you agree, please contact your legislators and ask them to make this a priority during the 2013 South Dakota Legislative Session.