I didnt see no cats around here.
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The 3S rule
Shoot
Shovel
Shut up
I have a grey tigerstripe feral cat coming around just before dark. He is young and timid so I am trying to domesticate him. If he starts bothering the other cats I will take action but he has been here for a month and all is well. I don't kill them just because they show up. I have to catch them in the act of being unruly.
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Originally posted by 60 Deluxe View PostThe 3S rule
Shoot
Shovel
Shut up
I have a grey tigerstripe feral cat coming around just before dark. He is young and timid so I am trying to domesticate him. If he starts bothering the other cats I will take action but he has been here for a month and all is well. I don't kill them just because they show up. I have to catch them in the act of being unruly.
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Originally posted by BTLowry View PostIs it a felony if you are protecting livestock?
Do chickens not count as livestock?.
Honest questions as I always understood you could legally kill dogs only when they were attacking or killing livestock and assumed cats would fall into same
The law says that to kill (or even just "injure) any dog or cat that is not yours, is a felony or misdemeanor if it is an injury. It is also a felony to kill your own cat or dog in a "cruel manner".
It is a "defense to prosecution" if the animal was on your property and killing or had just killed livestock or was damaging crops.
A defense to prosecution (and an affirmative defense) means that if charged a person can bring up that defense in a trial. There has to be some evidence of that defense but it does not have to be beyond a reasonable doubt. The defense at trial has to be proven by a preponderance of the evidence meaning more likely yes than no.
Much like injuring a person and claiming self defense, the police don't just walk away and say "okay". The burden is on the state to prove a crime beyond a reasonable doubt but a defense is the burden on the defendant that claims it.
I am not saying that the DA will take charges if there is any doubt, especially in ranch or farm country. The law itself does not prevent an arrest or prosecution and then it would be on the person to defend himself in court and maybe at great expense. If you are on a farm or ranch and kill any animal, it is likely that even if seen, no one will care. If you are not in such an area and you kill and don't get away with SSS, you could be charged up to a felony even if it is a feral cat or dog.
Comment
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Originally posted by 60 Deluxe View PostThe 3S rule
Shoot
Shovel
Shut up
I have a grey tigerstripe feral cat coming around just before dark. He is young and timid so I am trying to domesticate him. If he starts bothering the other cats I will take action but he has been here for a month and all is well. I don't kill them just because they show up. I have to catch them in the act of being unruly.
Updated to the 4S rule:
Shoot
Shovel
Shut Up
SMILE!!!
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Originally posted by tvc184 View PostThe law says that to kill (or even just "injure) any dog or cat that is not yours, is a felony or misdemeanor if it is an injury. It is also a felony to kill your own cat or dog in a "cruel manner".
It is a "defense to prosecution" if the animal was on your property and killing or had just killed livestock or was damaging crops.
A defense to prosecution (and an affirmative defense) means that if charged a person can bring up that defense in a trial. There has to be some evidence of that defense but it does not have to be beyond a reasonable doubt. The defense at trial has to be proven by a preponderance of the evidence meaning more likely yes than no.
Much like injuring a person and claiming self defense, the police don't just walk away and say "okay". The burden is on the state to prove a crime beyond a reasonable doubt but a defense is the burden on the defendant that claims it.
I am not saying that the DA will take charges if there is any doubt, especially in ranch or farm country. The law itself does not prevent an arrest or prosecution and then it would be on the person to defend himself in court and maybe at great expense. If you are on a farm or ranch and kill any animal, it is likely that even if seen, no one will care. If you are not in such an area and you kill and don't get away with SSS, you could be charged up to a felony even if it is a feral cat or dog.
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