ANIMAL ABUSE & NEGLECT

Those Who Abuse Animals Rarely Stop There.

State's Attorney Jim Rowe takes cases involving violence against animals seriously.  There is a clear link between those who abuse animals and those who abuse women and children - statistics show that more than 80% of women and children who seek shelter from domestic violence report animal abuse in the home.  Illinois has some of the strictest laws against animal cruelty, so when individuals are charged with animal abuse and neglect in Kankakee County the case is referred for prosecution to a trained animal rights prosecutor.  These cases are then heard on a special monthly court call.

There are generally three main state statutes that govern animal abuse in Illinois:

ILLINOIS COMPILED STATUTES 
CHAPTER 510. ANIMALS 
ACT 70. HUMANE CARE FOR ANIMALS ACT

§ 510 ILCS 70/3.01.  Cruel treatment 

Sec. 3.01. Cruel treatment.
No person or owner may beat, cruelly treat, torment, starve, overwork or otherwise abuse any animal. 

No owner may abandon any animal where it may become a public charge or may suffer injury, hunger or exposure. 

A person convicted of violating this Section is guilty of a Class A misdemeanor. A second or subsequent conviction for a violation of this Section is a Class 4 felony. In addition to any other penalty provided by law, upon conviction for violating this Section, the court may order the convicted person to undergo a psychological or psychiatric evaluation and to undergo any treatment at the convicted person's expense that the court determines to be appropriate after due consideration of the evidence. If the convicted person is a juvenile or a companion animal hoarder, the court must order the convicted person to undergo a psychological or psychiatric evaluation and to undergo treatment that the court determines to be appropriate after due consideration of the evaluation. 
 

§ 510 ILCS 70/3.02.  Aggravated cruelty 

Sec. 3.02. Aggravated cruelty. No person may intentionally commit an act that causes a companion animal to suffer serious injury or death. Aggravated cruelty does not include euthanasia of a companion animal through recognized methods approved by the Department of Agriculture. 

A person convicted of violating Section 3.02 is guilty of a Class 4 felony. A second or subsequent violation is a Class 3 felony. In addition to any other penalty provided by law, upon conviction for violating this Section, the court may order the convicted person to undergo a psychological or psychiatric evaluation and to undergo any treatment at the convicted person's expense that the court determines to be appropriate after due consideration of the evaluation. If the convicted person is a juvenile or a companion animal hoarder, the court must order the convicted person to undergo a psychological or psychiatric evaluation and to undergo treatment that the court determines to be appropriate after due consideration of the evaluation. 
 

§ 510 ILCS 70/3.03.  Animal torture 

Sec. 3.03. Animal torture. (a) A person commits animal torture when that person without legal justification knowingly or intentionally tortures an animal. For purposes of this Section, and subject to subsection (b), "torture" means infliction of or subjection to extreme physical pain, motivated by an intent to increase or prolong the pain, suffering, or agony of the animal. 

(b) For the purposes of this Section, "animal torture" does not include any death, harm, or injury caused to any animal by any of the following activities: 

(1) any hunting, fishing, trapping, or other activity allowed under the Wildlife Code [520 ILCS 5/1.1 et seq.], the Wildlife Habitat Management Areas Act [520 ILCS 20/0.01 et seq.], or the Fish and Aquatic Life Code [515 ILCS 5/1-1 et seq.]; 

(2) any alteration or destruction of any animal done by any person or unit of government pursuant to statute, ordinance, court order, or the direction of a licensed veterinarian; 

(3) any alteration or destruction of any animal by any person for any legitimate purpose, including, but not limited to: castration, culling, declawing, defanging, ear cropping, euthanasia, gelding, grooming, neutering, polling, shearing, shoeing, slaughtering, spaying, tail docking, and vivisection; and 

(4) any other activity that may be lawfully done to an animal. 

(c) A person convicted of violating this Section is guilty of a Class 3 felony. As a condition of the sentence imposed under this Section, the court shall order the offender to undergo a psychological or psychiatric evaluation and to undergo treatment that the court determines to be appropriate after due consideration of the evaluation.

To report animal abuse, call 911.  

For a list of all local pet ordinances, click here.

Call Us: 1-815-936-5800   /   450 E. Court Street, 3rd Floor, Kankakee, Illinois 60901    /   www.K3SAO.com

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does not discriminate on the basis of race, color, creed, religion, sex, national origin, age, mental or physical disability, veteran status, or sexual orientation.