In Florida, Thomas Elliot Huggins, 25, has been charged with strangling a family puppy, chopping it into pieces and cooking its ribs on the stove. In this case, however, he could face significant jail time unlike many other cases where such cruelty is treated as a misdemeanor. However, there is a statutory interpretative issue that could present a novel defense challenge.
Huggins had strangled the 5- to 6-month-old puppy and chopped it into quarters, storing pieces in the freezer for future meals.
Huggins reportedly recently became religious and has been speaking in odd ways.
What is interesting about the law is that the line between a misdemeanor and a felony seems rather ambiguous.
Here is the statute:
828.12. Cruelty to animals
(1) A person who unnecessarily overloads, overdrives, torments, deprives of necessary sustenance or shelter, or unnecessarily mutilates, or kills any animal, or causes the same to be done, or carries in or upon any vehicle, or otherwise, any animal in a cruel or inhumane manner, is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or by a fine of not more than $5,000, or both.
(2) A person who intentionally commits an act to any animal which results in the cruel death, or excessive or repeated infliction of unnecessary pain or suffering, or causes the same to be done, is guilty of a felony of the third degree, punishable as provided in s. 775.082 or by a fine of not more than $10,000, or both.
Section 1 includes killing an animal. However, Section 2 covers such killings “cruel” deaths or inflicting “unnecessary pain or suffering.” How does that play out in a given case? Is strangling a puppy more cruel than stabbing it or beating it? The law seems to presuppose a difference but does not define it. For example, the first section include overloading an animal which would result in death over a long period as a misdemeanor. That would seem a possible basis for a challenge in cases, but I have not seen a published opinion on it.
Huggins has been charged with a third degree felony. For a felony of the third degree, by a term of imprisonment not exceeding 5 years.