smartstream technologies: Legal Look at SB917 under CA Penal Code

Sunday, March 11, 2012

Legal Look at SB917 under CA Penal Code | Pet Defense

Using the broken record technique again (ARs use it 24/7)?let?s AGAIN look at why SB917 is simply the worst law EVER to be written as to animals that we have seen, and WHY the crafty ARs have gotten away with it.

To begin? the term animal ?abuse? is defined (by AR law) under Penal Code 597 et seq. There are many pages of law in numerical order, such as 597.1 and so on. We would be willing to BET that anyone who doesn?t care about SB917 has NEVER looked at the Penal Code. Because if they did read it, even starting with Section 597, it is very obvious when one gets to the 9th line [597(b)] it most clearly states that all owners/keepers or whoever is in charge of the animal ?-is liable. This includes shelters, rescues, anyone. It includes non profits, 4H, FFA, pet sitters, etc.

The entire intent behind the Penal Code as to animals is obviously based on stopping and preventing abuse. The crime of ?abuse? includes negligence. Negligence charges under ?abuse? of animals requires a finding of criminal negligence, not civil negligence. It requires the finding that one?s acts or omissions fell way, way below the reasonable standard of care. ?Therefore actual abuse of an animal MUST be something that comports with what is listed in the statute under Section 597 of the Penal Code. SELLING AN ANIMAL OR GIVING IT AWAY CAN NEVER BE ABUSE according to the Penal Code and just plain common sense. ?Never.

If the animal was stolen it might be something else? but it?s not abuse. Not being on leash? is not abuse. Not being licensed? is not abuse. Not being microchipped ?is not abuse. Not having a fence? is not abuse. Not paying a ticket is not abuse. Not having a certain breed is not abuse. Not being ?altered? ?is not abuse.

Think of it like a kid (since they developed these laws by copying child welfare statutes)? if your kid doesnt? wear the most expensive clothing is that child abuse? ?If your kid uses a bus to go to school is that abuse? If your kid brings a lunch to school and doesn?t buy a lunch is that abuse? Of couse not.

Yet SB917 rises to that level of stupidity. Claiming that ?selling? or ?giving away? is abuse ONLY if you are not a non profit is so asinine it?s pathetic.

What this does is set up a precedent that ?selling? and ?giving away? under the law is ACTUALLY ABUSE. It does not matter that it affects outside.

The issue that MOST people do not understand is that it will actually affect those sellers/breeders who would not be selling outside down the road? the ones ?who want to preserve good breeding practices.

After ?sale and give away? become cemented in law as ABUSE, then there is little to stop any WORSE laws from affecting sales, kenneling standards, grooming, etc. Then those items will be added to ?abuse? until everything ends up being abuse the way we keep telling everyone. By that time so many laws will call everything abuse that it will be more difficult, if not impossible, to dismantle.

But ?take our word, you cannot manufacture animal abuse when there is no animal abuse and no Judge in the world is going to find animal abuse. You might be guilty of something else but it is NOT animal abuse. At best, the law needs to be changed FIRST and then moved to a different section of ?another Code. At worst, it?s wildly overinclusive, calls for disparate application and unilateral implementation, without having a strong state interest.

Remembering that the entire code was written by HSUS/cronies, we should have some say in why and how these laws do not serve the State?s interest, nor do they serve the purpose for which the alleged intent was claimed. Most of it is all nonsensical, exaggerated, non factual and anecdotal crap, just like the HSUS lawsuit against PETLAND and HUNTE, that failed, NOT surprisingly.

Look at the link below. The guy is right. Ignorance of the law means you create your own demise.?

http://trochronicles.blogspot.com/2009/05/how-to-support-animal-rights-activists.html