The wild horses treatment: Is it cruelty to animals?

(c)Craig Downer "Trap site in Calico-loading the horses onto a trailer"

With what the BLM is doing to these wild horses and burros it is considered cruelty to animals. It really is, by over running them, over working them, causing stampedes to the younger colts, creating hysteria to some where they have heart failure and die, creating horrible situations with loading into trailers and just pure neglect in some cases at holding pens. In each state there are Animal Cruelty Laws that provide care to all animals. Some states have a Livestock Law that the horses may fall under or they may not be included in this law at all which means they may have been left out of any Animal Cruelty Law. Therefore in some states there really does not seem to be any laws against the cruelty to horses but there needs to be. There are ten states that these horses occupy and their laws are as follows:

• Arizona- Arizona Statute 13-2910 Animal cruelty is a Class 6 Felony punishable by a fine of up to $150,000 and/or imprisonment of up to 1.5 years. Any animal.
• California - Cal Penal Code 596-597 Animal Cruelty may be charged as either a misdemeanor or felony, with punishment of a fine up to $20,000 and/or imprisonment up to 1 year. Exemptions (means no laws) are made for farming. Since these are wild horses they should not count as farming but it is up to the judge hearing the case.
• Colorado – Colorado Code 18-9-202 They have exceptions (means no laws) that are made farming and draft or pack animals. The wild horses may fall under that exception.
• Idaho - Idaho Title 25, Chapter 35, 25-3501 Animal Cruelty is a Misdemeanor. The first conviction of Animal Cruelty is punishable by a fine of $100 to $5000 and/or imprisonment up to 6 months. The second conviction within 10 years of the first is punishable by a fine of $200 to $7000 and/or imprisonment up to 9 months. The third conviction within 15 years of the first is punishable by a fine of $500 to $9000 and/or imprisonment up to 12 months. Any animal.
• Montana - Montana Code Annotated 45-8-211 They have exceptions (means no laws) that are made for wildlife management.
• New Mexico - NM Stat. Ann. 30-18-1 (Statutes, Statutory Chapters, Chapter 30, Article 18) Cruelty to animals is a Misdemeanor with a fine up to $1000 and/or imprisonment up to 1 year. On a fourth or subsequent conviction of cruelty to animals, or extreme cruelty to animals, it is a 4th Degree Felony with a fine up to $5000 and/or imprisonment up to 18 months. Any animal.
• Nevada - Nev. Rev. Stat. 574.050 The first offense is a Misdemeanor with a $200 to $1000 fine, imprisonment from 2 days to 6 months, and community service of 48 to 120 hours. The second offense within 7 years is a Misdemeanor with a fine of $500 to $1000, imprisonment of 10 days to 6 months, and community service for 100 to 200 hours. A third or subsequent offense within 7 years is a Class C Felony with a fine up to $10,000 and/or imprisonment for 1 to 5 years. Exemptions (means no laws) are made for normal practices of ranching. Although wild horses should not fall within this they may depending upon the judge and how they perceive the law.
• Oregon - OR Rev. Stat. 167.310 Animal abuse in the second degree is a Class B Misdemeanor with a fine up to $2000 and/or imprisonment up to 6 months. Animal abuse in the first degree is a Class A Misdemeanor with a fine up to $5000 and/or imprisonment up to 1 year. Animal abuse in the first degree is a Class C Felony with a fine up to $100,000 and/or imprisonment up to 5 years. Aggravated animal abuse in the first degree is a Class C Felony, with a fine up to $100,000 and/or imprisonment up to 5 years. Animal neglect in the second degree is a Class B Misdemeanor with a fine up to $2000 and/or imprisonment up to 6 months. Animal neglect in the first degree a Class A Misdemeanor with a fine up to$5000 and/or imprisonment up to 1 year. In addition to the above penalties, any person convicted of a misdemeanor in animal cruelty or neglect is prohibited from possessing a domestic animal for a period of 5 years following the conviction. Any person convicted of a felony in animal abuse may not possess a domestic animal for a period of 15 years following the conviction. Any animal.
• Utah - Utah Code Ann. 76-9-301 Cruelty to animals is a Class B Misdemeanor with a fine up to $1000 and/or imprisonment up to 6 months. If these acts are committed “recklessly or with criminal negligence” it is a Class C Misdemeanor with a fine up to $750 and/or imprisonment up to 90 days. Aggravated Cruelty is a Class A Misdemeanor with a fine up to $2500 and/or imprisonment up to 1 year. If these acts are committed “recklessly” it is a Class B Misdemeanor with a fine up to $1000 and/or imprisonment up to 6 months. If these acts are committed “with criminal negligence” it is a Class C Misdemeanor with a fine up to $750 and/or imprisonment up to 90 days. Exemptions (means no laws) are made for protection of livestock, which they may be considered depending upon the judge.
• Wyoming - Wyo. Stat. 6-3-203 Their exemptions (means no laws) are made for use of industry accepted agricultural and livestock practices or other wildlife not otherwise prohibited.

All of these laws are truly governed to help abused domesticated animals. If any case of the wild horses were brought about to the court system on how the BLM is treating them it would more than likely be thrown out due to the horse being considered a wild animal. There really needs to be laws put into place that prohibit anyone from any type of animal cruelty to wild horses and burros. This is just one step to helping them. They are no different than a dog or cat, they bleed, they feel, they cry just as domesticated pets do. So why is it so different for a wild horse and that they have no animal rights?

This is the tragedy that still continues today in this same manner. This is horse cruelty. This video shows a round up where a mare was trampled trying to be forced into a trailer. Warning: Not for the sensitive to animal abuse.
 

Next article: “The wild horses movement to save them”
Back to original article “Wild horses should remain free to roam”
 

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