Felony Cruelty Law Applies to Harming Stray Dogs and Cats

A state law elevating the penalty for animal cruelty to a felony protects all dogs and cats, including strays, the Supreme Court of Ohio ruled today.

In a unanimous decision, the Supreme Court ruled Alonzo Kyles could be convicted of fifth-degree felony animal cruelty for pouring bleach into an apartment building basement to make an unclaimed cat leave. The Court reversed an Eighth District Court of Appeals decision, which found the felony-level animal cruelty statute only applied to dogs and cats that had "received care" from someone, not strays.

Writing for the Court majority, Justice Patrick F. Fischer explained the state law is not clearly written, but is designed to protect all cats and dogs, including those that are not kept in a residential dwelling or by a person.

"Applying the statute's plain meaning, we hold that R.C. 959.131's prohibition on causing serious physical harm to a companion animal extends to all dogs and cats," Justice Fischer wrote.

The Court remanded the case to the Eighth District to consider other legal challenges Kyles raised to his 2022 conviction.