Q: Like many others, I came to a terrible, nightmarish situation where my dog was in the last stages of his life. He was 15, unable to stand well, not eating and, finally, not in full control of basic functions. Our veterinarian was kind and thoughtful, and helped with making a decision not to let him suffer further. One question that nags at me is what right I have to even make that decision?
H.P., Tarzana
A: So many have had a similar experience. It is so very tough.
Your question raises considerations that are philosophical, moral, legal and practical. Under California Civil Code Section 655, the dog is your property, which you can legally own. The dog is not, however, generally considered a legal person with rights similar to what you may claim. The dog cannot vote, for example, or enter into a contract itself. You can act for the dog, in its best interests.
But, to be sure, you are subject to criminal prosecution if you engage in conduct toward the dog that is malicious and/or intentional that would wound, torture or kill the animal. There are a wide variety of actions and inactions that can rise to the level of punishable animal cruelty under California Penal Code Section 597. This can include overworking the animal.
California Penal Code Section 597.1 addresses some circumstances in which a dog may be humanely euthanized by the government, or by an official acting on behalf of the government. Unnecessary suffering can be a significant part of the evaluation.
Bottom line, a bona fide, humane euthanasia, which is done to prevent or end serious, unnecessary suffering, is not cruelty. Rather, it can be considered genuinely merciful. Significant care must be taken with such decision making, however, since it literally is a life or death choice. A very sad, often extremely difficult choice.
Q: Just what is considered animal cruelty here?
H.D., Lawndale
A: As noted above, California Penal Code Section 597 sets forth many types of behaviors that are illegal. Overworking is mentioned in the prior response. Other behavior that is outlawed includes depriving the animal of necessary sustenance or shelter, tormenting or torturing, cruelly beating or, to quote the code in part: “… subjects an animal to needless suffering, or inflicts unnecessary cruelty upon the animal, or in any manner abuses an animal …”
Health requirements
While California does not have a blanket rule that requires each dog to be microchipped, certain localities do (such as Los Angeles County for dogs older than 4 months; check to see if the regulation applies to your city of residence). California does require dogs older than 4 months to be rabies vaccinated and licensed.
Ron Sokol has been a practicing attorney for more than 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.