One of the most important duties of our department’s officers is protecting animals from animal cruelty, abuse, and neglect.  Animal cruelty is more than an ethical concern — it is a serious crime under California law. The state’s animal protection statutes are among the strongest in the nation. Understanding what legally constitutes animal cruelty helps the public recognize abuse, prevent suffering, and act when animals are in danger.

However, residents must be aware of what constitutes animal cruelty. DACC often receives complaints from residents believing they are witnessing animal cruelty or neglect, but what they have seen does not meet the criminal standard.

For example, people have made animal cruelty complaints because a dog is left alone all day while its owner is at work or a dog that doesn’t get walked every day. These are not criminal violations and there is no action for an officer to take.

It is not uncommon for us to get a complaint about a dog without shelter and standing out in the cold rain or snow during the winter months. Owners are required to provide shelter, so our officers do respond to these calls. However, on a number of occasions we have discovered that the dogs indeed do have shelter but choose not to use it. Think of a Siberian Husky or Alaskan Malamute in the winter – they love this weather and enjoy being out in the elements. As long as they are provided with a shelter, there is no action to be taken.

Nevertheless, there are many legitimate complaints made to DACC each year and we respond to all reported violations of law.

California Law: How Animal Cruelty Is Defined

California Penal Code §597 is the primary California state law governing animal cruelty. It makes it illegal to cause unnecessary suffering to any living animal — whether through intentional acts of violence or through failure to provide basic care. Importantly, cruelty does not require malicious intent; neglect alone can rise to the level of a criminal offense.

Under state law, animal cruelty includes, but is not limited to:

• Intentional physical abuse, such as beating, stabbing, burning, poisoning, torturing, mutilating, or killing an animal
• Severe neglect, including failure to provide adequate food, clean water, shelter, or protection from extreme heat or cold
• Cruel confinement, such as keeping animals in unsafe, filthy, overcrowded, or hazardous conditions
• Depriving veterinary care when an animal is injured, ill, or suffering
• Overworking or exploiting animals that are sick, injured, exhausted, or otherwise unfit
• Animal fighting, including organizing, participating in, or training animals to fight

California law applies broadly — protecting companion animals, livestock, and other animals alike. Both acts of commission and omission can constitute cruelty.

Cruelty vs. Neglect: Both Are Crimes

A common misconception is that animal cruelty requires visible violence. In reality, neglect is one of the most frequent and damaging forms of cruelty.

Examples of neglect include:

• Leaving animals without food or water for extended periods
• Failing to provide shade or shelter during extreme weather
• Allowing injuries or illnesses to go untreated
• Hoarding animals without the ability to care for them
• Abandoning animals without making provisions for their care

When neglect results in pain, suffering, or risk of death, it can be prosecuted just as seriously as intentional abuse.

Criminal Penalties in California

Animal cruelty is a wobbler offense, meaning it may be charged as either a misdemeanor or a felony depending on the severity of the harm and the circumstances involved.

Potential consequences include:

• Up to one year in county jail for misdemeanor offenses
• State prison sentences for felony cruelty convictions
• Fines of up to $20,000
• Court-ordered restitution for veterinary care and animal care costs
• Prohibitions on owning or possessing animals in the future
• Mandatory counseling or education programs

These penalties reflect California’s recognition that animal cruelty is a serious public safety and community issue.

DACC has specialized investigators assigned to its Major Cases Unit trained to recognize cruelty, collect evidence, and work with prosecutors to pursue criminal charges — including felony prosecutions when warranted.

Why Reporting Animal Cruelty Matters

Animal cruelty rarely occurs in isolation. Research consistently shows a link between animal abuse and other forms of violence, making early reporting critical for both animal and community safety.

If you suspect animal cruelty:

• Report it promptly to local animal control or law enforcement
• Document what you observe, including dates, times, and conditions
• Take photos or videos if it is safe and legal to do so
• Do not intervene directly if doing so could put you or others at risk

Timely reporting can save lives and prevent further suffering.

A Shared Responsibility

California’s animal cruelty laws reflect a simple but powerful principle: animals deserve humane treatment and protection from suffering. DACC enforces these laws every day by professionals dedicated to animal welfare — but public awareness and action are essential.

By understanding what constitutes animal cruelty, we empower ourselves to be better advocates, better neighbors, and better stewards for the animals who depend on us.