URGENT! UPGRADE UTAH'S ANIMAL CRUELTY STATUTE.

 

 Abused dog gives silent testimony BY STEPHEN HUNT
The Salt Lake Tribune     Henry the dog made an
unusual appearance in 3rd
District Court on Monday.
     Animals are usually banned
from courtrooms. But the
black Chihuahua mix's visible
burn scars and missing left eye
conveyed the extent of the
torture inflicted by 36-year-old
Murray resident Marc Chris-
topher Vincent.
     Calling the conduct "horren-
dous," Judge William Barrett
sentenced Vincent to six months
in jail, a mental health
evaluation, a $500 fine and $986
restitution.
     During 24 months of probation,
Vincent also will be forbidden to
have contact with animals,
"domesticated or otherwise,"
Barrett ordered.
     On May 8, Vincent irreparably
damaged Henry's eye when he
chased the then-6month-old
puppy with a leaf blower. He told
his soon-to-be ex-wife, Rhonda
Kamper, he was merely
"playing" with the puppy.
     But then on May 25, Vincent
put the dog in a 200-degree
oven for five minutes, an or-
deal that scarred Henry's chest
and fused the toes on its front
paws.
     Kamper said her husband
told her he wanted to make the
dog "mad" after it urinated in
its cage and tried to bite him.
She said Vincent told her he
initially considered putting
the puppy in the microwave.
       During the sentencing
hearing, Kamper carried the
small dog to the bench and held
it up for the judge to view the
injuries.
     "I don't like people who
abuse animals," the judge told
Vincent. "I don't like people
who abuse children. Both are
defenseless."        After the hearing, Kamper
said her husband of 71/2 years
became jealous of the dog
because it demanded much of
her attention. She said Vincent
had been prescribed medica-
tion for ongoing anger issues
but he refused to take the pills
     While Vincent had apolo-
gized in court to the public, his
family and friends, "he forgot
to apologize to me," Kamper
said.
    "I want him cooked, him-
self, so he knows what it feels
like,"she told news reporters.
     Two months ago, Vincent
pleaded guilty to one of two
counts of class A misdemeanor
animal cruelty, punishable by
up to a year in jail.
     Animal-rights advocates
have identified Henry's case as
an example of why Utah needs
to increase the penalty fo ani-
mal torture to a third-degree
felony, punishable by up to five
years in prison.
     Gene Baierschmidt, execu-
tive director of the Humane
Society of Utah, said the judge
who sentenced Vincent "did a
pretty good job with the tools
he has now."
     But Baierschmidt said that
adding a felony provision to
the law would be a better de-
terrent against the intentional
torture of animals. He said 41
other state have felony pro-
visions in their animal cruelty
statutes.
     Previous attempts to beef
up Utah's law have failed, in
part, he said, because of the
misconception that it would
apply to farm animalsThe Salt Lake Tribune 11-7-06This Petition requests that the law in Utah be amended as follows:
Definition of animal: a vertebrate living creature other than a human being.

Statute Summary:
Animal Cruelty - with criminal negligence fails to care for an animal and causes its death or severe pain; deprives of necessary sustenance (fails to provide proper food, drink or shelter), carries or confines in a cruel or reckless manner; abandons any animal; confines (keeps and animal in an enclosure without exercise or wholesome change of air; cages an animal for public display unless the cage is solid material on three sides of the horizontal dimension of the cage and is the four times the length of the caged animal); allows sick or disabled animal to lie in a public place more than three hours after notice; interferes with a guide dog; or harasses an animal.

In Utah these acts would carry a penalty of a Class A Misdemeanor CURRENT CODE
UTAH CODE ANN. %uFFFD%uFFFD 76-9-301 et seq. -- last amended 1996
Definition of Animal: A live, nonhuman vertebrate creature.
Statute Summary: A person commits the crime of cruelty to animals if the person:
Intentionally, knowingly, recklessly, or with criminal negligence fails to provide necessary food, care, or shelter for an animal, or abandons, transports in a cruel manner, or injures an animal; tortures, administers poison, or kills an animal without legal privilege to do so.
%uFFFD Cruelty to animals (committed intentional or knowingly).
o Class B Misdemeanor.
o Fine up to $1000.
o Imprisonment up to 6 months
%uFFFD Cruelty to animals (committed recklessly or with criminal negligence).
o Class C Misdemeanor.
o Fine up to $750.
o Imprisonment up to 90 days.
%uFFFD Aggravated cruelty (committed intentional or knowingly).
o Class A Misdemeanor.
o Fine up to $2500
o Imprisonment up to 1 year.
%uFFFD Aggravated cruelty (committed recklessly).
o Class B Misdemeanor.
o Fine up to $1000.
o Imprisonment up to 6 months.
%uFFFD Aggravated cruelty (committed with criminal negligence).
o Class C Misdemeanor.
o Fine up to $750.
%uFFFD Fine up to $1,000
%uFFFD Imprisonment up to 12 months

Forfeiture/seizure: both
Other Sentencing Provisions: cost of care; education; possible no future ownership.

Exemptions: veterinary care
Aggravated Animal Cruelty - animal fighting; knowingly inflict sever physical pain or suffering; (unnecessarily or cruelly beats, maims, wounds or injures) or prolonged suffering; molests; needlessly mutilates or kills; knowingly administers poisonous or noxious drug; or knowingly or with criminal negligence overdrives, overloads, overworks, tortures, or torments an animal.