Intentional Killing of Animals in Tennessee
The subject of animals can be very divisive in modern day society. Some people treat them like family members and genuinely love and care for them as such; others view them as annoyances and entertain murderous thoughts when they are woken up at four in the morning by their neighbor’s dog deafeningly deterring some random disturbance in the night; still others simply don’t care one way or the other about animals. And then there are always those whose love for animals is based on how much their body parts would bring on the black market.
While that last category of animal appreciator may seem unusual, it is exactly the mindset of two teens arrested recently in Florida for allegedly going on a killing spree involving almost twenty horses. The teen was charged with armed burglary, animal cruelty, killing a registered breed horse, and breaking a fence. According to the article, the teen was among those who were butchering live horses statewide in an effort to sell the horses’ meat on the black market. According to AOL News, the meat sells for as much as $40 per pound, at least in part because some people believe horse meat can cure diseases like cancer and AIDS.
In Tennessee, intentionally killing an animal is basically treated as theft of property and punished according to the value of the animal if the killing of the animal is not justified. Under the Tennessee statute, one is only justified in killing an animal upon the reasonable belief that the animal is creating an imminent danger of death or serious bodily injury to that person, another person, or an animal owned by that person. Thus, killing an animal as described in the article above would be a criminal act in Tennessee, punished in the same manner as theft in Tennessee. Theft of Property ranges from a Class A Misdemeanor charge if the property is valued at less than $500 to a Class B Felony if the property is valued at $60,000 or more under T.C.A. section 39-14-105.
Some animals, such as cows and other animals that are basically commodities, have an easily discernable market value since they or their products are bought and sold frequently. Other animals, such as dogs and other household pets, are more difficult to value. It is also worth noting that the Tennessee statute mandates that the value of specialized training is to be included in the value of animals such as fire dogs or police dogs that are used in public service. In any case, the value of an animal is a question to be determined by the jury and both the offending party and the State would likely put on evidence demonstrating the value of the animal.
Intentionally killing an animal in Tennessee can result in as much as thirty years in prison and a fine of up to $25,000. In addition, anyone who kills or attempts to kill an animal in Tennessee could face additional animal-related charges including cruelty to animals and aggravated cruelty to animals.
Sources: Union Traction Co. v. Anderson, 146 Tenn. 476, 242 S.W. 876 (1922); T.C.A. section 39-14-105; T.C.A. 39-14-205; http://news.aol.com/article/second-florida-teen-arrested-in-horse/682322
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