Abandonment of cats is punishable under Pennsylvania's cruelty to animals statute.
Section 5511 of the Pennsylvania Code explains the various crimes and offenses as they relate to cruelty to animals. Included in the definition of cruelty to animals is the act of abandoning an animal or depriving it of necessary sustenance. Under certain circumstances, cruelty to animals is a third-degree misdemeanor. Otherwise, abandonment is considered a summary offense.
Cruelty to Animals Defined
Section 5511(c) of the Pennsylvania criminal code describes the crime referred to as cruelty to animals. This lengthy section of code specifically prohibits wanton or cruel illtreatment of a cat, including abandonment. The section applies if the animal belongs to the offender or not. Included in the definition of abandonment is any act of deprivation of sustenance, drink, shelter, veterinary care or protection from inclement weather.
Summary Offenses
Absent aggravating factors, one who violates the cruelty to animals statute by abandoning or depriving a cat is convicted of a summary offense. Summary offenses are those that are not otherwise categorized as misdemeanors or felonies. They appear on the offender's permanent record and the offender is required to pay a fine of $25 as of August, 2011.
Third Degree Misdemeanor Offenses
If certain aggravating factors are present, a cruelty to animals charge could be enhanced to a third degree misdemeanor. To qualify as a third degree misdemeanor, the offender must be facing a second or subsequent cruelty offense, the act must be against a dog or cat and the dog or cat was "seriously injured, suffered severe physical distress or was placed in imminent risk of serious physical harm as the result of the person's action or omission." In Pennsylvania, a third degree misdemeanor carries a potential penalty of one year incarceration.
Power to Initiate Criminal Proceedings
Pennsylvania law allows for non-profit organizations to initiate criminal proceedings under the cruelty to animals statute. In addition to law enforcement, groups such as the Pennsylvania SPCA or the Humane Society have the power to force any party in violation of the cruelty to refrain from such acts, perform arrests and interrogations of suspects and engage in any other methods permitted under the Pennsylvania criminal procedure laws.
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