Animal Protection Animal Cruelty FAQ’s
What is the legal definition of animal cruelty in Georgia?
1) Cruelty to Animals (misdemeanor charge): a person commits the offense of cruelty to animals when he/she causes death or unjustifiable physical pain or suffering to any animal by an act, an omission, or willful neglect. First offense of this Code (16-12-4), upon conviction, may be punished by max. of one year imprisonment and/or a fine not to exceed $5,000.00 or both. If 2nd or subsequent offense results in death of an animal confinement for 3-12 months and /or fine maximum $10,0000.00 which will not be suspended, probated, or withheld.
a) Willful neglect means the intentional withholding of food and water required by an animal to prevent starvation or dehydration.
b) Adequate food and water means food and water that is sufficient in an amount and appropriate for the particular type for animal to prevent starvation, dehydration, or a significant risk to the animal’s health from a lack of food or water.
c) Humane care of animals means, but is not limited to, the provision of adequate heat, ventilation, sanitary shelter, and wholesome and adequate food and water, consistent with the normal requirements and feeding habits of the animal’s size, species, and breed.
2) Aggravated Cruelty to Animals (felony charge): A person commits the offense of aggravated cruelty to animals when he or she knowingly and maliciously causes death or physical harm to an animal by rendering a part of such animals’ body useless or by seriously disfiguring such animal. Aggravated cruelty: confinement for 1-5 yrs and /or $15,000.00 fine.
a) Local law enforcement (county sheriff’s department) enforces the criminal provisions of Cruelty to Animals.
How do I report animal cruelty?
1) In order to effectively report an alleged animal cruelty incident, you should be able to provide the following information to the local Sheriff’s department.
i) Witness: the name, address and telephone number of the person who witnessed the alleged incident. Such information may be kept confidential, depending on the particular agency; however, it is helpful for investigators to have a point of contact in the event of misdirection or miscommunication.
ii) Who: An accurate identity of the alleged perpetrator, if known, including name, address and telephone number, if possible and known associates or co-participants in the alleged criminal activity.
iii) What and How: An accurate and exact description of the incident witnessed. The investigator must receive sufficient details and be able to verify substantial portions of the information as true before being used to establish probable cause. Document complete descriptions of the animal and associated conditions and include:
(1) Pertinent conversations with the alleged perpetrator
(2) Eyewitness accounts to reconstruct the exact happenings of what an dhow the incident occurred (written notes and photographs are very valuable)
(3) Written documents or report that verify conditions (i.e. a veterinary examination findings)
(4) the date and time of the incident (s)
(5) the specific location where the incident was witnessed
Who do I call to report an alleged animal cruelty incident?
a) For companion animals (dogs, cats, birds, rabbits, pot-bellied pigs), report those persons holding an Animal Protection License issued by the GA Dept of Agriculture (or those that should be licensed) to the Animal Protection Section at 1-800-282-5852 ex 4914 or 404-656-4914 Mon-Friday. For all other persons to the Sheriff’s department or local police department by calling the non emergency number unless the act of cruelty is actively involved at the time of the report and the animals life is in danger.
b) For equine report to GA Dept of Agriculture Equine Health Section at 1-800-282-5852, ex 3713 or 404-656-3713 Mon thru Friday.
Information taken from Georgia Department of Agriculture and the ASPCA, The American Society For The Prevention of Cruelty to Animals.
For more information see http://georgialpa.org/about/