04-24-2012, 07:10 AM
Tom, this is terrible what's going on with this dog! So sorry, wishing you the best.
Re the posts about retribution"
Might be good to take a look at Hawai'i laws before talking about killing any dog, or person! Here are the consolidated cruelty to animal laws from the HRS:
http://www.animallaw.info/statutes/stushist711_1109.htm
Here is the applicable statute relating to killing a dog.
¤ 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 :
(a) 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; or
(b) Kills or attempts to kill any pet animal belonging to another person, without first obtaining legal authority or the consent of the pet animal's owner.
Cruelty to animals in the first degree is a Class C felony.
The defense of "necessity" aka "choice of evils" is found here:
http://www.capitol.hawaii.gov/hrscurrent...3-0302.htm
It's a long section and there is no case law cited on killing a dog, but it is fairly clear that the danger of great bodily harm must be imminent and there must be no time to involve the law or other recourse, for this defense to fly.
For example, if the dog is attacking you, you do what you must.
However, if a dog has been aggressive to you but you are not in imminent danger, you cannot dispose of the animal simply because it's a menace and on your property. You have to call the authorities and/or the animal's owner.
Otherwise you can be prosecuted.
If you tell someone here that they should kill a dog, then you are advising them to break the law. There may be some states where you can kill a pet for coming on your property, but Hawai'i is not one of them.
If you want to break the law, that is your choice, am just posting this so that people can be aware of what the law states.
Re the posts about retribution"
Might be good to take a look at Hawai'i laws before talking about killing any dog, or person! Here are the consolidated cruelty to animal laws from the HRS:
http://www.animallaw.info/statutes/stushist711_1109.htm
Here is the applicable statute relating to killing a dog.
¤ 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 :
(a) 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; or
(b) Kills or attempts to kill any pet animal belonging to another person, without first obtaining legal authority or the consent of the pet animal's owner.
Cruelty to animals in the first degree is a Class C felony.
The defense of "necessity" aka "choice of evils" is found here:
http://www.capitol.hawaii.gov/hrscurrent...3-0302.htm
It's a long section and there is no case law cited on killing a dog, but it is fairly clear that the danger of great bodily harm must be imminent and there must be no time to involve the law or other recourse, for this defense to fly.
For example, if the dog is attacking you, you do what you must.
However, if a dog has been aggressive to you but you are not in imminent danger, you cannot dispose of the animal simply because it's a menace and on your property. You have to call the authorities and/or the animal's owner.
Otherwise you can be prosecuted.
If you tell someone here that they should kill a dog, then you are advising them to break the law. There may be some states where you can kill a pet for coming on your property, but Hawai'i is not one of them.
If you want to break the law, that is your choice, am just posting this so that people can be aware of what the law states.