Oklahoma

Share |

State v. Gilchrist

Summary: The Appellant State of Oklahoma appeals the Grant County District Court's granting of defendant's motion to quash counts 2-13 of Cruelty to Animals violation of 21 O.S.2011, § 1685. Defendant was charged with 13 counts of animal cruelty stemming from maltreatment of 13 dogs at his property. Evidence at the preliminary hearing showed that two of the dogs were chained to small, metal shelters, and 11 were individually penned, all in 100 degree heat. No dogs had adequate water and rotting carcasses were found within reach of the dogs. According to responding veterinarians, all dogs were extremely dehydrated and in need of immediate medical care and one dog had gone into shock (it later died). Most of the dogs were malnourished and poorly conditioned with parasite-infested wounds. At district court, defendant argued that he could only be charged with a single count of Cruelty to Animals because the dogs were found all in one location and had been abandoned for approximately the same time period. The district court acquiesced and granted defendant's motion to quash, finding no caselaw on point. On appeal, the Supreme Court found the district court's interpretation of 21 O.S.2011, § 1685 wrong as a matter of law. The section repeatedly use the phrase "any animal" to show that the intent to address acts of abuse against any particular animal. The Court observed that the state filed a count for each of the dogs at defendant's property because each dog needed to be separately fed and watered. "Gilchrist deprived all thirteen dogs of the food, water and shelter necessary to avoid the grotesque suffering observed at the scene." Thus, the Court found the district court abused its discretion in granting defendant's motion to quash.

The Appellant State of Oklahoma appeals the Grant County District Court's granting of defendant's motion to quash counts 2-13 of Cruelty to Animals violation of 21 O.S.2011, § 1685. Defendant was charged with 13 counts of animal cruelty stemming from maltreatment of 13 dogs at his property. Evidence at the preliminary hearing showed that two of the dogs were chained to small, metal shelters, and 11 were individually penned, all in 100 degree heat. No dogs had adequate water and rotting carcasses were found within reach of the dogs. According to responding veterinarians, all dogs were extremely dehydrated and in need of immediate medical care and one dog had gone into shock (it later died). Most of the dogs were malnourished and poorly conditioned with parasite-infested wounds. At district court, defendant argued that he could only be charged with a single count of Cruelty to Animals because the dogs were found all in one location and had been abandoned for approximately the same time period. The district court acquiesced and granted defendant's motion to quash, finding no caselaw on point. On appeal, the Supreme Court found the district court's interpretation of 21 O.S.2011, § 1685 wrong as a matter of law. The section repeatedly use the phrase "any animal" to show that the intent to address acts of abuse against any particular animal. The Court observed that the state filed a count for each of the dogs at defendant's property because each dog needed to be separately fed and watered. "Gilchrist deprived all thirteen dogs of the food, water and shelter necessary to avoid the grotesque suffering observed at the scene." Thus, the Court found the district court abused its discretion in granting defendant's motion to quash.

OK - Disaster - Care and Disposition of Disaster Animals Act

Summary: These statutes compose the Care and Disposition of Disaster Animals Act of Oklahoma. The Act describes where animals who are rescued from a disaster area should be held, how long the animals should be held for their owners, and also restricts disaster animals from being removed from the state. The statute also describes the penalties for knowingly removing disaster animals from the state including a civil fine of up to One Thousand Dollars ($1,000.00) per offense.

These statutes compose the Care and Disposition of Disaster Animals Act of Oklahoma. The Act describes where animals who are rescued from a disaster area should be held, how long the animals should be held for their owners, and also restricts disaster animals from being removed from the state. The statute also describes the penalties for knowingly removing disaster animals from the state including a civil fine of up to One Thousand Dollars ($1,000.00) per offense.

OK - Disaster Planning - Emergency Operations Plan ESF 11

Summary: The purpose of this Emergency Support Function (ESF) #11 Annex is to coordinate State agencies, OKVOAD, Federal and other response entities in efforts to control and eradicate, as appropriate, any outbreak of a highly contagious or economically devastating animal/zoonotic (i.e. transmitted between animals and people) disease, or any outbreak of an economically devastating plant pest or disease; ensure the safety and security of the commercial food supply; protect natural resources; and provide for the safety and well-being of household pets during an emergency response or evacuation situation. [See FEMA Disaster Assistance Policy DAP9523.19 Title: “Eligible Costs Related to Pet Evacuation and Sheltering” for definition of “Household Pet”.]

The purpose of this Emergency Support Function (ESF) #11 Annex is to coordinate State agencies, OKVOAD, Federal and other response entities in efforts to control and eradicate, as appropriate, any outbreak of a highly contagious or economically devastating animal/zoonotic (i.e. transmitted between animals and people) disease, or any outbreak of an economically devastating plant pest or disease; ensure the safety and security of the commercial food supply; protect natural resources; and provide for the safety and well-being of household pets during an emergency response or evacuation situation. [See FEMA Disaster Assistance Policy DAP9523.19 Title: “Eligible Costs Related to Pet Evacuation and Sheltering” for definition of “Household Pet”.]

OK - Liens - § 193 to 201.11. Liens for Feeding, Grazing, Herding and Breeding.

Summary: This Oklahoma statute provides the requirements for obtaining a lien when employed in the feeding, grazing, or herding of any domestic animals within the state. The statute also describes both lawful and unlawful ways to use the lien once it is obtained.

This Oklahoma statute provides the requirements for obtaining a lien when employed in the feeding, grazing, or herding of any domestic animals within the state. The statute also describes both lawful and unlawful ways to use the lien once it is obtained.

OK - Dog, therapy - § 2611.12. Support person or therapeutic dog

Summary: This Oklahoma statue was enacted by the state legislature to provide emotional support for a child witness, a child thirteen years of age or younger, in a criminal proceeding. The statute allows for a child witness to be accompanied by a support person while giving testimony. Additionally, the child witness is able to have a certified therapeutic dog accompanied by the handler in lieu of a support person. Under the statute, a certified therapeutic dog is a dog which has received requisite training and certification from the organizations listed in the statute.

This Oklahoma statue was enacted by the state legislature to provide emotional support for a child witness, a child thirteen years of age or younger, in a criminal proceeding. The statute allows for a child witness to be accompanied by a support person while giving testimony. Additionally, the child witness is able to have a certified therapeutic dog accompanied by the handler in lieu of a support person. Under the statute, a certified therapeutic dog is a dog which has received requisite training and certification from the organizations listed in the statute.

OK - Police and Dogs - § 36.1. Police dog handlers--Civil liability

Summary: This Oklahoma statute deals with the civil liability of police dog handlers. Under the statute, a police dog handler who uses a dog in the line of duty in accordance with the policies and standards established by the law enforcement agency that employs the officer, will not be civilly liable for any damages arising from the use of the dog. The police dog handler may only be liable for exceptions listed in the Governmental Tort Claims Act.

This Oklahoma statute deals with the civil liability of police dog handlers. Under the statute, a police dog handler who uses a dog in the line of duty in accordance with the policies and standards established by the law enforcement agency that employs the officer, will not be civilly liable for any damages arising from the use of the dog. The police dog handler may only be liable for exceptions listed in the Governmental Tort Claims Act.

Detailed Discussion of Oklahoma Great Ape Laws

Summary: The following article discusses Great Ape law in Oklahoma.Oklahoma does not have a law specifically addressing great apes; instead, it is unlawful for an individual to possess a great ape in the state of Oklahoma under the state’s endangered species law.Great apes are generally protected from intentional abuse and neglect under the state’s anti-cruelty law. Unlike many other states, the law does not exempt scientific research facilities from its provisions.

The following article discusses Great Ape law in Oklahoma.Oklahoma does not have a law specifically addressing great apes; instead, it is unlawful for an individual to possess a great ape in the state of Oklahoma under the state’s endangered species law.Great apes are generally protected from intentional abuse and neglect under the state’s anti-cruelty law. Unlike many other states, the law does not exempt scientific research facilities from its provisions.

OK - Initiative - State Question 687/Initiative Petition 365 (Ban Cockfighting)

Summary: This petition makes it a felony to instigate or encourage cockfighting, possess or train birds for cockfighting, or maintain a facility for cockfighting in the state of Oklahoma. The ballot proposal also makes it a misdemeanor to knowingly be a spectator at a cockfight. It passed in 2002 with 56% of the vote.

This petition makes it a felony to instigate or encourage cockfighting, possess or train birds for cockfighting, or maintain a facility for cockfighting in the state of Oklahoma. The ballot proposal also makes it a misdemeanor to knowingly be a spectator at a cockfight. It passed in 2002 with 56% of the vote.
Share |