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-   -   Loopholes in animal cruelty laws (https://www.askmehelpdesk.com/showthread.php?t=552563)

  • Feb 10, 2011, 01:48 PM
    AK lawyer
    Quote:

    Originally Posted by gbgb9 View Post
    I'm in Tennessee.. .

    Quote:

    39-14-202. Cruelty to animals. —
    (a) A person commits an offense who intentionally or knowingly:
    (1) Tortures, maims or grossly overworks an animal;
    ...
    Quote:

    39-14-201. Definitions for animal offenses. —
    As used in this part, unless the context otherwise requires:
    (1) “Animal” means a domesticated living creature or a wild creature previously captured;
    ...
    (4) “Torture” means every act, omission, or neglect whereby unreasonable physical pain, suffering, or death is caused or permitted, but nothing in this part shall be construed as prohibiting the shooting of birds or game for the purpose of human food or the use of animate targets by incorporated gun clubs.
    Legal Resources

    So the definition of "animal" used in the statute, strictly speaking, includes birds (such as ducks), insects, and fish. All of these are "living creatures" or "wild creature" (s). Someone should point out to the legislature that vegetables are creatures too.

    Smoothy notes, "Its not illegal to eat critters", but this of course is circular reasoning (it's not illegal because it's not.). I suggest, however, that inflicting some "physical pain and suffering" upon them incidental to the process of eating them would not be considered "unreasonable".

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