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F 18.57 n1 Animal Cruelty/Neglect (PC 597(b), PC 597f(a)).
Notwithstanding People v. Untiedt (74) 42 CA3d 550 [116 CR 899] a violation of PC 597f requires proof of criminal negligence rather than civil negligence. The court’s failure to instruct the jury on this requirement requires reversal of the ensuing conviction. (People v. Speegle (97) 53 CA4th 1405, 1415 [62 CR2d 384].)
F 18.57 n2 Animal Cruelty/Neglect: Necessity Not A Defense.
(See People v. Youngblood (2001) 91 CA4th 66, 72-74 [109 CR2d 776] [necessity not a defense to keeping 92 animals in neglectful conditions to save them from euthanasia at animal control center].)
Animal Cruelty/Neglect: Elements Of Animal Cruelty
Every person who causes an animal to be deprived of necessary sustenance, drink or shelter or who having care or custody of an animal subjects the animal to needless suffering or fails to provide the animal with proper food, drink, [or] shelter in a criminally negligent manner is guilty of cruelty to an animal.
In order to prove this crime each of the following elements must be proved:
1. That a person has custody or is responsible for providing care to an animal;
2. That person either (a) deprived or caused an animal to be deprived of necessary sustenance, drink or shelter, or (b) subjected an animal to needless suffering in a criminally negligent manner, and (c) that act or omission caused danger to an animal’s life.
Points and Authorities
The above instruction is a correct interpretation of PC 597(b). (People v. Youngblood (2001) 91 CA4th 66, 70-72 [109 CR2d 776] [jury properly instructed in animal cruelty case that defendant either deprived animals of necessary care and protection or subjected animals to needless suffering].)