12-31-2010, 04:10 PM
How awful, horrible, sick. [
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Hawai'i Law on Cruelty to Animals. (I remember when this was passed, being shocked at how lax the laws were prior to this.)
I bolded the sections that seem relevant.
I would like to think what happened would be first degree cruelty, but I sort of think it would be second degree, as there was needless killing, but not budding serial killer level of torture and mutilation.
]Hawai'i Law on Cruelty to Animals. (I remember when this was passed, being shocked at how lax the laws were prior to this.)
quote:
§ 711-1100 - 1110.6
Summary: Under Hawaii law, a person commits the misdemeanor offense of cruelty to animals if the person intentionally, knowingly, or recklessly overdrives, overloads, tortures, torments, cruelly beats or starves any animal, deprives a pet animal of necessary sustenance, mutilates, poisons, or kills without need any animal other than insects, vermin, or other pests, or engages in animal fighting enterprises.
Act 114, Session Laws 2007, amended this section by, among other things, defining "pet animal" as a dog, cat, domesticated rabbit, guinea pig, [domesticated pig,] or caged birds, so long as they are not bred for consumption.
Act 114 strengthened Hawaii's animal cruelty laws. The legislature found that violence, whether against humans or animals, must be not tolerated in our society. Evidence suggests a link between animal abuse and the commission of violent acts against humans. Hawaii is only one of nine states in the United States without a felony offense for domestic animal abuse. The legislature also found that pet animals provide a close emotional bond and relationship with their owners and family members and friends. Violence and harm committed against the animals have a significant emotional impact on their owners and family. The felony provisions of Act 114 protected pet animals. Conference Committee Report No. 29.
§ 711-1108.5 Cruelty to animals in the first degree.
(1) A person commits the offense of cruelty to animals in the first degree if the person intentionally or knowingly tortures, mutilates, or poisons or causes the torture, mutilation, or poisoning of any pet animal or equine animal resulting in serious bodily injury or death of the pet animal or equine animal.
(4) Cruelty to animals in the first degree is a class C felony.
Laws 2007, ch. 114, § 2, eff. June 1, 2007; Laws 2008, ch. 111, § 2, eff. May 27, 2008.
§ 711-1109 Cruelty to animals in the second degree.
(1) A person commits the offense of cruelty to animals in the second degree if the person intentionally, knowingly, or recklessly:
(a) Overdrives, overloads, tortures, torments, beats, causes substantial bodily injury, or starves any animal, or causes the overdriving, overloading, torture, torment, beating, or starving of any animal;
(b) Deprives a pet animal of necessary sustenance or causes such deprivation;
© Mutilates, poisons, or kills without need any animal other than insects, vermin, or other pests;
(d) Keeps, uses, or in any way is connected with or interested in the management of, or receives money for the admission of any person to, any place kept or used for the purpose of fighting or baiting any bull, bear, cock, or other animal, and includes every person who encourages, aids, or assists therein, or who permits or suffers any place to be so kept or used;
(e) Carries or causes to be carried, in or upon any vehicle or other conveyance, any animal in a cruel or inhumane manner;
(f) Confines or causes to be confined, in a kennel or cage, any pet animal in a cruel or inhumane manner;
(g) Tethers, fastens, ties, or restrains a dog to a dog house, tree, fence, or any other stationary object by means of a choke collar, pinch collar, or prong collar; provided that a person is not prohibited from using such restraints when walking a dog with a hand-held leash or while a dog is engaged in a supervised activity; or
(h) Assists another in the commission of any act specified in subsections (1)(a) through (1)(g).
(2) Subsection (1)(a), (b), ©, (e), (f), (g), and (h) shall not apply to:
(a) Accepted veterinary practices;
(b) Activities carried on for scientific research governed by standards of accepted educational or medicinal practices; or
© Pest control operations conducted pursuant to chapter 149A by a pest control operator licensed pursuant to chapter 460J, if the pest control is performed under a written contract.
(3) Whenever any animal is so severely injured that there is no reasonable probability that its life or usefulness can be saved, the animal may be immediately destroyed without creating any offense under this section.
(4) Cruelty to animals in the second degree is a misdemeanor.
I bolded the sections that seem relevant.
I would like to think what happened would be first degree cruelty, but I sort of think it would be second degree, as there was needless killing, but not budding serial killer level of torture and mutilation.