Veterinarians play an important role in animal cruelty investigations by collecting and interpreting evidence and serving as expert witnesses. New York state law defines cruelty as any act or neglect that causes unjustifiable pain, including both acts of commission and omission. Common forms of neglect investigated include failure to provide adequate sustenance, shelter, and veterinary care. Felony charges can apply for intentional harm or death of companion animals, while other acts against wild animals are misdemeanors. Veterinarians use a macro-to-micro approach, examining overall living conditions before inspecting individual animals to document injuries, poor health, and signs of suffering in order to build a case showing violations of anti-cruelty laws.

1. ANIMAL CRUELTY:ANIMAL CRUELTY:
Using your veterinarian inUsing your veterinarian in
animal cruelty investigationsanimal cruelty investigations
(1) Evidence collection(1) Evidence collection
(2) Evidence *(2) Evidence *interpretationinterpretation**
(3) ALL cases involving the presence of an animal require(3) ALL cases involving the presence of an animal require
the participation of a veterinarian as the expert witnessthe participation of a veterinarian as the expert witness

2. In NEW YORK STATE:
Animal cruelty laws are found in Agriculture and
Markets Article 26:
Section 350: Definitions
(2) “’Torture’ or ‘cruelty’ includes any act, omission,
or neglect, whereby unjustifiable physical pain,
suffering or death is caused or permitted.”
(i.e. both acts of COMMISSION & OMISSION)

3. Cruelty includes “ any act of cruelty to any animal, or any act
tending to produce such cruelty”
Most commonly used section is #353, which addresses the
most commonly occurring form of cruelty—NEGLECT
“ A person who overdrives, overloads, tortures, or cruelly
beats or…mutilates or kills any animal, whether wild or tame,
and whether belonging to himself or another, OR DEPRIVES
ANY ANIMAL OF NECESSARY SUSTENANCE, FOOD OR
DRINK, OR NEGLECTS OR REFUSES TO FURNISH IT
WITH SUCH SUSTENANCE OR DRINK…is guilty of a
misdemeanor….”
Note: case law has been established in which veterinary care is
considered to be part of the essential care to prevent suffering.

4. NEGLECT:NEGLECT: BODY CONDITION SCORE 1/9BODY CONDITION SCORE 1/9
OVERGROWN NAILSOVERGROWN NAILS

5. Agriculture and Markets LawAgriculture and Markets Law
Article 26 – Section 353Article 26 – Section 353
Examples
Dog being locked in a hot car
Beating animals
Collars imbedded in dog’s neck
Hooves overgrown causing unjustifiable pain
Unjustifiably killing an animal
Any failure to provide proper sustenance
– Water and food
– Shelter
- Veterinary care

6. Section 353-aSection 353-a
Aggravated Cruelty to AnimalsAggravated Cruelty to Animals
Intentional killing or intentional causing of
serious physical injury to a COMPANION
ANIMAL with aggravated cruelty.
Aggravated (Felony) Cruelty is:
Conduct which (1) is intended to cause
extreme physical pain {or death}, or (2) is
done or carried out in an especially
depraved or sadistic manner
Applies only to companion animals in NYS

7. THIS IS A FELONY

8. Felony or just twisted?

9. Unjustifiably injuring a wild animal – beak wired shut,Unjustifiably injuring a wild animal – beak wired shut,
nails impaled thru eyes—only anails impaled thru eyes—only a misdemeanomisdemeanor in NYS.r in NYS.

10. FELONY VS. MISDEMEANOR CRUELTY:
DEPENDS ON THE SPECIES
1)Drenching Buster the Cat with kerosene and lighting him on fire
= felony (“Buster’s Law”)
2) Doing the same act to cattle or swine or chickens =
misdemeanor
3) Blowing up a snapping turtle with a bomb = misdemeanor
(wild life species are not included in the felony law)
4) horse, pet goat, pet rabbit: prosecution must prove he/she is a
pet or companion animal to charge the crime as a felony cruelty
act

11. EVIDENCE COLLECTION
Use macro-to-micro approach, from the big
picture to detailed findings
IDENTIFY every lesion/finding on all animals
and in their surroundings which creates suffering
and is an examples of neglect
INTERPRET the findings (evidence) to show
why these findings create suffering—and are
therefore examples of cruel treatment--and are
therefore violations of Article 26.

12. Examples of the need for Interpretation:
Matted fur and overgrown nails?
Stereotypic behavior?
No manure in a pen of starving horses in filthy
surroundings?
Significance of no dry ground for livestock in a
paddock full of waste and liquid mud?
Chronic neighborly complaints of chronic break-outs?
How are the examples above proof of suffering?

13. MACRO evidence
Setting (house, barn. paddock, dog house, pastures)
Shelter: only required for dogs in NYS (!!!)
Nutrition (food sources—properly stored? Nutritious?
Appropriate for species?)
 Water : available in all seasons?
Hygiene? Air quality? Waste removal?

14. Examine the “Big
Picture” first: Husbandry
(this is a “breeder” in
NYS)

16. Livestock: examine the
setting first before the animal

18. What kind of operation is
this? What is wrong with
this kind of “care” for this
breed?

20. •First: identify the lesion
•Second: what caused it?
•Third: why does this
constitute cruelty?

21. NOTE “WATER”

22. Once you have identified the deficiencies with
the MACRO setting, start analyzing the
animals themselves—the MICRO analysis
Start with body condition scoring
Also “body English”—weak and dispirited?
Aggressive? Feeding-frenzy behavior ?
Terrified of humans?
Move on to the physical, hands-on detailed
examination of each animal (each count of
evidence)

23. Note the Body English—
interpret for the court

24. Body English:
MoribundBoBB

26. Body condition score:
The Henneke system
(1/9)

27. HOARDING
•It’s everywhere
•Increasingly recognized as a behavioral pathology
•See Hoarding of Animals Research Consortium
(Tufts.edu)
•Three categories:
(1)Overwhelmed caregiver
(2) Rescuer
(3) Exploiter

28. BCS: 1/9

29. Identify the food source?

30. Note “food”
and “water”

31. Air quality???

32. Hoarder kitchen—
note demeanor

35. Two-year old Thoroughbred
Stallion—never had hoof care,
never allowed out of his stall.

37. Interpretation:
the SPECIES is
significant with
this lesion (donkey)

38. Note the laminitis rings on
hoof walls—and length of
time since last trim

39. ID the BREED??

40. This dog
showed both
physical pain
& stereotypic
behavior

41. SARCOPS: PUBLIC HEALTH CONCERN

42. Feline flea allergy
dermatitis—interpret
the SUFFERING for
the court

43. Psoroptes mite: “sheep
itch”
--------------------
Interpretation?
(1)Intense pruritis
(2)thermoregulation?

44. No shearing urine
and fecal scald
maggots

45. Lick granuloma = acral lick dermatitis:
Interpretation??

46. Improper restraint (!)
“Hobbled” by cinder
block tied to right
hind limb

47. The ability to breed and
lactate do NOT indicate
that adequate sustenance is
being provided

50. Ingrown collar-
distressingly
common

53. Note: the defendant is
an MD: higher
education does not
prevent abusive
behavior

54. RESOURCES
Shelter Medicine for Veterinarians and Staff: edited
by Lila Miller, D.V.M. and Stephen Zawistowski, 2004
Veterinary Forensics: Animal Cruelty investigations,
Melinda D. Merck, D.V.M., 2007
Forensic Investigation of Animal Cruelty: a Guide for
Veterinarians and Law Enforcement Professionals, L.
Sinclair, D.V.M., M. Merck, D.V.M., R. Lockwood,
Ph.D.
www. NYSHumane.org: How to Investigate Animal
Cruelty in NY State: a Manual of Procedures

55. QUESTIONS?QUESTIONS?