Reporting Abuse
YOU HAVE ENCOUNTERED A SITUATION THAT YOU FIND UPSETTING.
WHAT DO YOU DO?
First read the Maryland Statute and decide whether the situation
meets the criteria of the Statute . If it does then the offender
is looking at being possibly arrested and charged with a felony,
which is a serious crime. If convicted, the offender can possibly
be sentenced to do jail time as well as face fines.
Here are a few of the Felony and Misdemeanor Statutes in the
State of Maryland. NOTE: County codes may have variations.
Contact your States Attorney's Office or local police precinct
for clarification.
Source: Maryland Code : CRIMINAL LAW :
TITLE 10. CRIMES AGAINST PUBLIC HEALTH, CONDUCT, AND SENSIBILITIES
: SUBTITLE 6. CRIMES RELATING TO ANIMALS :
§ 10-604. Abuse or neglect of animal.
(a) Prohibited.- A person may not:
(1) overdrive or overload an animal;
(2) deprive an anmal of necessary sustenance;
(3) cause, procure, or authorize an act prohibited
under item (1) or item (2) of this subsection, or
(4) if the person has charge or custody of an animal,
as owner or otherwise.
(i) inflict unnecessary suffering or pain on the animal; or
(ii) unnecessarily fail to provide the animal with nutritious
food in sufficient quantity, necessary veterinary
care, proper drink, air, space, shelter, or protection
from the weather.
(b) Penalty -
(1) A person who violates this section is guilty of a misdemeanor
and on conviction is subject to imprisonment not exceeding
90 days or a fine not exceeding $1,000 or both
(2) As a condition of sentencing, the court may order a defendant
convicted of violating this section to participate in and pay
for psychological counseling
[An. Code 1957, art. 27, § 59(b)(1)(i)-(iv), (2); 2002,
ch. 26, § 2.]
§ 10-606. Aggravated cruelty to
animals - In general.
(a) Prohibited. - A person may not.
(1) intentionally mutilate, torture, cruelly beat, or cruelly
kill an animal;
(2) cause, procure, or authorize an act prohibited under item
(1) of this subsection; or
(3) except in the case of self-defense, intentionally inflict
bodily harm, permanent disability, or death on an animal owned
or used by a law enforcement unit.
(b) Penalty. -
(1) A person who violates this section is guilty of the felony
of aggravated cruelty to animals and on conviction is subject
to imprisonment not exceeding 3 years or a fine not exceeding
$5,000 or both.
(2) As a condition of sentencing, the court may order a defendant
convicted of violating this section to participate in and pay
for psychological counseling.
[An. Code 1957, art. 27, § 59(c)(1)(i), (ii), (v), (2);
2002, ch. 26, § 2.]
SS: 10-609. Arrest by Humane Society Officer.
(a) In general. - Except as provided in subsection (b) of
this section, if an Officer of a Humane Society sees a person
committing a misdemeanor that involves cruelty to an animal,
the officer shall arrest and bring before the District Court
the person committing the misdemeanor.
(b) Local enforcement - Baltimore County. - In Baltimore County,
the Baltimore County Department of Health, Division of Animal
Control shall enforce this section.
[Annotated Code 1957, art 27, SS 63.2002 ch 26.SS 2]
EVERY COUNTY HAS GOT AN ANIMAL CONTROL or ANIMAL MANAGEMENT
DEPARTMENT.
Click
here for the various counties in Maryland. Within each
county you can find your contact.
If you decide that the situation is a felony, you must immediately
call the police to the scene. Or, you can go to the Police
Precinct and ask to make a report to an officer. Take names,
phone numbers, addresses of anyone witnessing the event. Take
notes of where, date and time it occurred. If possible grab
a camera and get pictures. Be sure to get a copy of the report
you make to the officer, the officer's name and badge number.
After the report is made, then you take a copy of it to the
Commissioner and fill out another report and wait to meet with
the Commissioner. The Commissioner will decide whether to proceed
with an arrest and/or summons. When the case goes to trial
it will be criminal and it will be The State of Maryland vs
. YOU will be summons to appear as a witness for the State
of Maryland Prosecutor. You will be interviewed by the States
Attorney or District Attorney in preparing the evidence and
your testimony at trial. A failure to appear from you, and
then a bench warrant may be issued by the judge for your arrest.
Once you start this ball rolling, YOU MUST SEE IT THROUGH TO
THE END. Trials like this can take up to a year before they
ever get before a judge.
I am telling you all of this because filing charges is serious,
and will require you to be committed to seeing justice done.
YOU HAVE LOOKED AT THE SITUATION AND BOUNCED IT OFF THE STATUTE
AND IT DOESN'T FIT, NOW WHAT?
If it is a private residence house or apartment; Write down
the address, details of what is wrong, grab a camera and take
pictures. Do you have any witnesses; get name, phone numbers
and addresses. Call Animal Control and ask if they can send
an officer. If not immediately go to Animal Control and make
a report. If the animals are imminent danger - call 911.
If the situation is a petstore, ask yourself the following;
Do you visit this store often or occasionally? Have you ever
seen this situation before, or is this just a "bad day" for
the store. If it is a constant situation of bad conditions
for the animals, then make a report to Animal Control and do
as stated in the above paragraph. Also, do some research and
find out if the OWNER of the store lives in the area and if
so how to contact them. If you are dealing with a large corporation,
research them, do they have a Mission Statement that they are
in violation of? BY ALL MEANS WRITE THE CEO OF THE CORPORATION.
Get names of clerks responsible for the care of these animals,
the manager's name. In your notes put down the day and time.
Grab a camera and see if you can sneak some pictures.
Regardless of whether the situation is an on-going problem
or just a bad day for the store; bring it to the clerks AND
the manager's attention what needs to be done. Stay at the
store until it is done. If the animals are in dire need, call
Animal Control. Quite often I have very politely and quietly
gone into the restroom and gotten water, opened a bag of food
off a shelf and fed the ferrets, and even cleaned their cage.
The main thing is do not start a fight. You want to help these
folks learn how to take care of the ferrets. If they are understaffed,
then they need your understanding and cooperation. If they
are ignorant to ferret care; they need you as an educator -
bring back literature to help them learn.
Don't fuel a volatile situation where the ferrets could be
removed and never heard from again.
If the management finds your protest of a problem to be not
worth their time, then file with Animal Control. You can ask
for intervention from the SPCA. DO NOT CALL PETA - they do
not believe that animals should be kept as pets. period. Call
the local newspapers, TV stations, etc. Eventually, the store
will find that cooperating with you in caring for the ferrets
is a lot less of a hassle than the bad press.
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