State v. Hill case brief
996 S.W.2d 544
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996 S.W.2d 544
CASE SYNOPSIS: Defendant
appealed her conviction from the Circuit Court of Jackson County
(Missouri) for misdemeanor animal abuse pursuant to Mo. Rev. Stat. §
578.012 (1994) for purposely or intentionally causing injury or
suffering to an animal. Defendant claimed that she was not subject to
prosecution under § 578.012 because Mo. Rev. Stat. § 578.007(6)
exempted an animal's owner from the provisions of Mo. Rev. Stat. §§
578.005 through 578.023.
FACTS: A grand jury indicted defendant for purposely causing suffering to six cats as a result of torture and mutilation consciously inflicted while the animals were alive. A jury found defendant guilty of misdemeanor animal abuse for intentionally causing injury or suffering to her cats under Mo. Rev. Stat. § 578.012(2) (1994). The trial court denied her motion for a new trial and defendant appealed claiming that she was not subject to prosecution under § 578.012 because Mo. Rev. Stat. § 578.007(6) exempted an animal's owner from the provisions of Mo. Rev. Stat. §§ 578.005 through 578.023. The court affirmed the conviction explaining that § 578.007(6) applied to prevent an animal owner from being charged with intentionally "killing" an animal in violation of § 578.012(1). In the instant case, defendant was found guilty of violating § 578.012(2), which was not premised upon the killing of an animal, but rather causing injury or suffering to an animal. Accordingly, § 578.007(6) did not preclude defendant from being charged and prosecuted for animal abuse by intentionally and purposely causing injury or suffering to her cats in violation of § 578.012(2).
CONCLUSION: The court affirmed defendant's conviction for misdemeanor animal abuse. The court explained that the statute that precluded an owner from prosecution for intentionally killing its animals did not preclude defendant from prosecution for animal abuse by intentionally and purposely causing injury or suffering to her cats where the evidence was sufficient to find that her purpose was to inflict injury and suffering on the cats, not just kill them.
FACTS: A grand jury indicted defendant for purposely causing suffering to six cats as a result of torture and mutilation consciously inflicted while the animals were alive. A jury found defendant guilty of misdemeanor animal abuse for intentionally causing injury or suffering to her cats under Mo. Rev. Stat. § 578.012(2) (1994). The trial court denied her motion for a new trial and defendant appealed claiming that she was not subject to prosecution under § 578.012 because Mo. Rev. Stat. § 578.007(6) exempted an animal's owner from the provisions of Mo. Rev. Stat. §§ 578.005 through 578.023. The court affirmed the conviction explaining that § 578.007(6) applied to prevent an animal owner from being charged with intentionally "killing" an animal in violation of § 578.012(1). In the instant case, defendant was found guilty of violating § 578.012(2), which was not premised upon the killing of an animal, but rather causing injury or suffering to an animal. Accordingly, § 578.007(6) did not preclude defendant from being charged and prosecuted for animal abuse by intentionally and purposely causing injury or suffering to her cats in violation of § 578.012(2).
CONCLUSION: The court affirmed defendant's conviction for misdemeanor animal abuse. The court explained that the statute that precluded an owner from prosecution for intentionally killing its animals did not preclude defendant from prosecution for animal abuse by intentionally and purposely causing injury or suffering to her cats where the evidence was sufficient to find that her purpose was to inflict injury and suffering on the cats, not just kill them.
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