This could be helpful. Animal Enterprise Protection Act

WARNING
(Animal Enterprise Protection Act)
Tampering with, bothering, injuring, abusing, or causing damage to these animals is an offense under the
Animal Enterprise Protection Act of 1992.
Penalties include fines, damages and restitution and prison sentences from one year to life
ORDINANCE NO.18 USC, SECTION 43, PUBLIC LAW 102-346​

Animal Enterprise Protection Act of 1992.
Public Law 102-346--Aug. 26, 1992 ​

102nd Congress
An Act To protect animal enterprises. ​

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, ​

SECTION 1. SHORT TITLE. ​

This Act may be cited as the "Animal Enterprise Protection Act of 1992". ​

SEC. 2. ANIMAL ENTERPRISE TERRORISM. ​

(a) IN GENERAL.--Title 18, United States Code, is amended by inserting after section 42 the following: ​

"§ 43. Animal enterprise terrorism ​

"(a) OFFENSE.--Whoever--
"(1) travels in interstate or foreign commerce, or uses or causes to be used the mail or any facility in interstate or foreign commerce, for the purpose of causing physical disruption to the functioning of an animal enterprise; and ​

"(2) intentionally causes physical disruption to the functioning of an animal enterprise by intentionally stealing, damaging, or causing the loss of, any property (including animals or records) used by the animal enterprise, and thereby causes economic damage exceeding $10,000 to that enterprise, or conspires to do so; shall be fined under this title or imprisoned not more than one year, or both. ​

"(b) AGGRAVATED OFFENSE.-- ​

"(1) SERIOUS BODILY INJURY.-- Whoever in the course of a violation of subsection (a) causes serious bodily injury to another individual shall be fined under this title or imprisoned not more than 10 years, or both. ​

"(2) DEATH.--Whoever in the course of a violation of subsection (a) causes the death of an individual shall be fined under this title and imprisoned for life or for any term of years. ​

"(c) RESTITUTION.-- An order of restitution under section 3663 of this title with respect to a violation of this section may also include restitution-- ​

"(1) for the reasonable cost of repeating any experimentation that was interrupted or invalidated as a result of the offense; and ​

"(2)) the loss of food production or farm income reasonably attributable to the offense. ​

"d) DEFINITIONS.-- As used in this section--
"(1) the term 'animal enterprise' means-- ​

"(A) a commercial or academic enterprise that uses animals for food or fiber production, agriculture, research, or testing;
"(B) a zoo, aquarium, circus, rodeo, or lawful competitive animal event; or
"(C) any fair or similar event intended to advance agricultural arts and sciences; ​

"(2) the term 'physical disruption' does not include any lawful disruption that results from lawful public, governmental, or animal enterprise employee reaction to the disclosure of information about an animal enterprise; ​

"(3) the term 'economic damage' means the replacement costs of lost or damaged property or records, the costs of repeating an interrupted or invalidated experiment, or the loss of profits; and ​

"(4) the term 'serious bodily injury' has the meaning given that term in section 1365 of this title. ​

"9e) NON-PREEMPTION.--Nothing in this section preempts any State law.". ​

(b) CLERICAL AMENDMENT.--The item relating to section 43 in table of sections at the beginning of chapter 3 of title, United States Code, is amended to read as follows: ​

"43. Animal enterprise terrorism.". ​

SEC. 3. STUDY OF EFFECT OF TERRORISM ON CERTAIN ANIMAL ENTERPRISES. ​

(a) STUDY.-- The Attorney General and the Secretary of Agriculture shall jointly conduct a study on the extent and effects of domestic and international terrorism on enterprises using animals for food or fiber production, agriculture, research, or testing. ​

(b) SUBMISSION OF STUDY.-- Not later than 1 year after the date of enactment of this Act, the Attorney General and the Secretary of Agriculture shall submit a report that describes the results of the study conducted under subsection (a) together with any appropriate recommendations and legislation to the Congress. ​

Approved August 26, 1992.​

 

I'm going to be calling my lawyer as soon as the time is decent. I'm curious as to what the legal options are for this situation:

My girlfriend in Northern Illinois finished training and went out to lunch with friends. Dogs were locked(pad locked at bottom of crates) in the back of her truck. Truck topper was open, fans were on, dogs have water and are fine. By passer calls police, police arrive and determine dogs to be fine. By-passer insists dogs are not fine and prys open crates, puts dogs in her car and leaves. Officer did take down by-passers name and leaves card under wiperblade. Girlfriend finishes lunch, returns to empty truck, call officers card in panic, officer returns says that yes dogs were fine, crazy lady took them. They then go to crazy lady's house and retrieve owners dogs. Girlfriend manages to not punch crazy lady in face and the woman lectures her on the condition of her dogs. Dogs in question: OTCH, MACH, MH***. Male is proven stud. So my girlfriend is now past the I'm just thankful to have my dogs back stage and shock-is now wanting to press charges against the crazy woman and the officer. States attorney told her they won't touch it since she wants to pursue charges against the officer. What are her legal options?

sue the crap out of the crazy lady and pursue criminal charges,theft,destruction of property and anything else,this stuff has to stop.the other day it was 82 degrees out the dogs were in the dog box under a tree in the yard the box is ventelated on all 4 sides i was in the yard with 1 dog and the dog cop pulls up and tells me some one complained the dogs were mistreated after looking around he decides it's ok and leaves.it left me in a bad state of mind

 

I would like to see her take my dogs......they are not fans of someone else getting near their crates ;-)

 

BGB-usually Hootie barks at people who get too close to his crate. I don't know why he went with the nutcase. This whole thing makes me see red and quite frankly scares the crap out of me. Still waiting before I can call my sister in law and call in a few favors.

 

States attorney told her they won't touch it since she wants to pursue charges against the officer.

What about the county DA? They are connected on a local level. Pursue a complaint about the officer to the PD and let them handle it and prosecute the lady under every possible crime you can find and get a good attorney. Get one from the county you live in-the best you can find with the best reputation in the courts. Don't ask me how I know.

 

Find a barrister that has tons of court room time, he's going to have a war on his hands when PETA and HSUS jumps in. I would call here first to find one that is used to working with tree huggers. www.ussportsmen.org

 

Introduce that lady to your lawyer, Mr. Benelli.

 

Love it! I would be beyond mad if that happened to me. I just might loose my good Christian disposition.

 

All squirrels don't live in trees

 

UFB. Press charges against the idiot. Grand theft, vehicular burgalry, anything esle you can think. Include the cop for "aiding and abetting." File an injunction against the idiot to make sure she stays away from you and your truck.

We bought some crates years - decades - ago that had a 4" x 3" plastic placard that read:

STOP
TAMPERING WITH THIS ANIMAL MAY BE A FEDERAL OFFENSE UNDER THE ANIMAL ENTERPRISE PROTECTION ACT OF 1992. PENALTIES MAY INCLUDE FINES, DAMAGE RESTITUTION, AND PRISON SENTENCES FROM ONE YEAR TO LIFE.
ORDINANCE No. 18 USC SECTION 43 PUBLIC LAW 102 346

I'd forgotten about the signs but after reading this dug the crates out of the barn and retrieved the one readable (barely) sign. I've tried to find the signs for sale but no luck. May have to have some made at a local sign shop but will have one mounted on the dog crate.
'Course that assumes that some idiot perp can read but at least it might keep a stupid cop from just standing by watching someone try to break into my truck.

Good luck and let us know how this turns out.

 

Also put something in the local newspaper, local T.V. station,anything that would call attention to this crap.
Good Grief!!!!!!!
I would be more than a little pissed at that nutjob and the cop what the hell???????
Sue

 

How does the state attorney have say in whether or not they will touch it or not.....you get to decide if you want to press charges. You don't have a snowballs chance making anything stick against a cop but I digress.

I would have made the officer go get my dogs....if he refused I would have reported them stolen....he would be an accomplice.

I'd also raise holy hell until the folks and or made good on any damage they did to the crate....I'd have the dogs vetted and make them pay....if they don't I'd raise a stink with the city.

What was the temp in N. Illinois anyway all of 80-85 degrees at lunch time?

Even if I didn't get a thing I would make 10 times as much trouble for those involved as their behavior made for me....

 

Maybe the cop did the best thing to defuse an incident. He did leave a card and assist in retrieving the animals. He may have personnal knowledge of this wacko and realize the animals were safe. He will probably be your most reliable and respectable witness in a civil suit against the women. Consider reapproaching the States Attorney about fileing charges against the women and not the officer.

 

If you knew of a house where say 10-15 dogs were living inside do you think a cop would stand by while you kicked the door in....?

I'm sure the cop is a stand up guy as 90%+ are but he botched this one.

 

If I assisted someone break in to a vehicle to "rescue" some dogs I would lose my job immediately!!

 

Was the officer there when the dogs were taken?

 

This kind of story makes me want to start putting pad locks back on the dog kennels.

I pulled up in the driveway a few months ago to see an animal control officer walking out of our house with my wife. I quickly learned someone had reported my dogs due to "inadequate shelter".... The officer didn't even let me get a word out first and said with a smile on his face those dogs are wonderfully taken care of. That set up must of cost you some money.

Brand new concrete kennel runs, insulated dog houses, large water buckets fill fresh each day, no crap anywhere, and the sides and tops of the kennels tied off with sun screens.

Boy was I pi$$ed. The neighbors all got to look at a few signs strategically placed around the property that simply said, "MIND YOUR OWN F’ING BUSINESS for a few weeks.

The best of luck to you in this scenario!

 

It Illinois, they are having a hard time convicting Blago when he is on tape, do you think they want to prosecute a "do-gooder" just trying to save dogs from the cruel life they're forced to live. Forget prosecuting them, sue her in civil court and sue the policeofficier and police department. Messing with hunting dogs anywhere in this country will get the attention of any jury. Get a good attorney and sue. Make her and the police pay money.

 

It's pretty hard for them not to press charges when someone has to physically destroy a pad lock to break into someones private property.

Bert

 

Press charges and call Fox News.

Talk to the cop. I ain't big on upsetting the men in blue (especially local ones). After talking with him, you might need to file a complaint against him. I'd also take that lady to small claims court. If for nothing else, than because she damaged your property.

I'd make a hobby of doing something.

 

I'm sorry I have a hard time believing that the cop just stood by while the wack job broke into someone's vehicle. But if all that is said is true, I would press criminal charges on the lady and got to the cop's internal affairs division and file a complaint.

Who saw all this going on anyway? Was it related to her from the officer?

 

Crazy...

That's also why I live in the south...and definately don't live in Illinois, it's like the 3rd whackiest state out, behind Cali and NY

 

That's also why I live in the south...and definately don't live in Illinois, it's like the 3rd whackiest state out, behind Cali and NY

Don't think just because you live in the South it couldn't happen to you. In April I left my truck running with the A/C on while I dashed into a store in Front Royal VA to get some stuff for our club's AKC hunt test the next day. It wasn't even hot, but breezy and sunny and about 75 degrees (one of those perfect spring days you think you can slip a blind or quick training session in somewhere) but I didn't want to leave the windows down because I had guns and other expensive stuff in the vehicle.

As I was checking out 15 minutes later I heard the clerk and another customer talking about some moron that had left dogs locked in a car all day. Sure enough when I looked outside there was a crowd assembling in front of MY truck! Shoved my cart & card at the clerk and raced out just as the law (2 cruisers, animal control truck) drove up. Before I could even open my mouth some old battle ax in a house coat smoking cigarettes on the bench by the Big Lots ranted on about how those poor dogs had been locked in that truck all day and were dying.

Much as I wanted to grab her by the housecoat and slap her silly a passing thought of animal cruelty charge--how would that look for a HT/club secretary? slid across my consciousness and I kept my cool and tried to politely explain to the officers that the dogs had only been there 15 min. and the truck was running with the AC on.

These days even a whiff of animal cruelty is as politically correct to antagonize/throw the book at as any garden variety hate crime and the officers would NOT listen to me. One gave me a genial, "But it's hot and even on a day like this, cars can heat up" lecture as if I was a slobbering moron and produced a gizmo that looked like a radar gun to read the inside temp. of my vehicle while the battle ax screeched on. I was slack jawed at the 118 degree reading, and indignantly opened the door and invited him in to take an inside reading (75 degrees) and see for himself the dogs slumbering comfortably in their boxes, water buckets in each. Oh and it was a major effort of self control not to whisper "sic-sic-sic-sic-sic" to the waking Chesapeakes. I don't think I even got a chance to explain the AC was on or that the truck had only been there 15 minutes as the old biddy lit another cigarette and shrieked for my arrest to the assembled crowd of onlookers.

And the cops and animal control fellow acted like they were doing me a favor not to cite me for animal endangerment even though my dogs were never in any distress! I never lost my temper, never raised my voice, I was the very soul of polite cooperation, but I cringe to think of what might've happened if I had spoken what I wanted. It seems today's Oh-So PC environment extends to anything perceived mean or cruel to animals is a hot button LEOs take very seriously for fear of bad press.

One lesson learned is that if a cop has one of those interior temp. guns pointed at your dogs, challenge it. No way it was 118 degrees anywhere near my truck! Made me wonder how many others have had to deal with bogus charges from one.

 

It probably doesn't help that a local tv station did a story on unattended animals and the law here in Iowa according to the reporter is you cannot leave a dog unattended in a vehicle if the outside temperature exceeds 75 degrees.

 

According to the article linked above, the tv station had it wrong.....

OMG, imagine that, A tv news station didn't get the facts right

 

Hey Nancy- I'll ship Lilly back there for a while. Leave her in a kennel in a likely spot and wait for the show.

Wouldn't want to be the dumb SOB that opens her kennel door.

Short Arm of the law regards

Bubba

 

http://www.animallaw.info/articles/qvuspetsincars.htm

This is a crazy situation. I've been asked some in the hot weather about my dog box on my pickup, and the first thing I tell anyone is don't worry, there are no dogs being transported there in this heat. It's normally while I am parked in a mall or in a eating establishment's parking lot. I am glad the dogs were recovered.

 

Personally, I would hesitate to directly press charges against the officer. Press charges against the lady, list the officer as a witness. If he handled the situation how the chief wanted it, pressing charges against him would not do any good, if not he will get reprimanded once he gives his version of the story.

He was in a no win. LEt happen what happened, you are mad. But lets say he said no the dogs are fine and doesn't let the whack job "rescue them", and then one of the dogs turns out not fine, he would/could be named in a lawsuit coming from PETA or HSUS........

Nothing good comes from picking a fight with a cop, no matter how right you are. Doing it this way sheds light on what he did, without you having to hold the spotlight.

 

While the AETA may seem to apply, which would make it a Federal offense, I doubt that it would fly.

In both a criminal and civil trial your friend seems to have legitimate standing. However, bringing the officer into the criminal case may be self-defeating. He's the single best witness to the lady's inappropriate behavior and also he'll be seen as an "expert" insofar as condition and care of the animals.

On the police officer, go to his superiors and talk to them about the case in a non-threatening manner. Find out what his justification was for letting her break into the car. You may be able to raise police awareness on this problem without putting a bulls-eye on your back.

Eric

 

Exactly..... Your friend has standing, but it makes no difference. If you can educate your local cops, they may be on your side next time. You are rightfully mad now, but cool heads have to prevail.

 

Just want to keep an eye on this. I am glad that you got the dogs back and they are fine.