I need to find a web page that states if it is illegal to bait a neighbors pet onto your property to kill it.?

Question

If anyone knows of this law, I would like to know where I could find it... also I am in Hawaii so the laws may be different, however I appreciate the assistance.

alright i see a problem in how i wrote this, a neighbor is attempting to kill MY PET. i am an avid animal lover, and am merely trying to find out if it is in fact illegal for them to bait my pets on to their property to kill them.

Answer 1

I feel your pain . . .. and:

Hawaii

DIVISION 5. CRIMES AND CRIMINAL PROCEEDINGS. TITLE 37. HAWAII PENAL CODE. CHAPTER 711. Offenses Against Public Order. § 711-1109 Cruelty to animals.

Statute Details
Printable Version
Citation: HI ST § 711-1109 - HI ST § 711-1109.5

Citation: H R S § 711-1109 - H R S § 711-1109.5

Summary: Under this Hawaii law, a person commits the misdemeanor offense of cruelty to animals if the person intentionally, knowingly, or recklessly overdrives, overloads, tortures, torments, cruelly beats or starves any animal, deprives a pet animal of necessary sustenance, mutilates, poisons, or kills without need any animal other than insects, vermin, or other pests, or engages in animal fighting enterprises. Dog fighting constitutes a felony where the person owns or trains the dog to fight. The section has enhanced penalties for cruelty to guide or service animals or interference with their duties.

Statute in Full:
§ 711-1109 Cruelty to animals.
(1) A person commits the offense of cruelty to animals if the person intentionally, knowingly, or recklessly:
(a) Overdrives, overloads, tortures, torments, cruelly beats or starves any animal, or causes or procures the overdriving, overloading, torture, torment, cruel beating or starving of any animal, or deprives a pet animal of necessary sustenance or causes such deprivation;
(b) Mutilates, poisons, or kills without need any animal other than insects, vermin, or other pests;
(c) Keeps, uses, or in any way is connected with or interested in the management of, or receives money for the admission of any person to, any place kept or used for the purpose of fighting or baiting any bull, bear, dog, cock, or other animal, and every person who encourages, aids, or assists therein, or who permits or suffers any place to be so kept or used;
(d) Carries or causes to be carried, in or upon any vehicle or other conveyance, any animal in a cruel or inhumane manner; or
(e) Assists another in the commission of any act of cruelty to any animal.
(2) Subsection (1)(a), (b), (d), (e) and the following subsection (3) are not applicable to accepted veterinary practices and to activities carried on for scientific research governed by standards of accepted educational or medicinal practices.
(3) Whenever any domestic animal is so severely injured that there is no reasonable probability that its life or usefulness can be saved, the animal may be immediately destroyed.
(4) Cruelty to animals is a misdemeanor.


Hawaii Penal Code § 1100(5) n3 defines animal as including "every living creature" while cruelty is defined by § 1100(6) n4 as including "every act, omission, or neglect whereby unjustifiable physical pain, suffering, or death is caused or permitted."

n7 Session Laws 1884, ch. 51, provided in part:
SECTION 2. Any person who shall keep or use, or in any way be connected with or interested in the management of, or shall receive money for, the admission of any person to any place kept or used for the purpose of fighting or baiting any bull, bear, dog, cock, or other creature, and every person who shall encourage, aid or assist therein, or who shall permit or suffer any place to be so kept or used, shall, upon conviction thereof, be adjudged guilty of a misdemeanor.
. . . .
SECTION 5. Every person who shall wilfully set on foot, or instigate, or move to, or carry on, or promote, or engage in or do any act towards the furtherance of any act of cruelty to animals shall be guilty of a misdemeanor.

Answer 2

bob is not sure about the law but this is what would happen

if this case was taken to court, the person who killed the animal would have to prove and justify that the animal was on the property threatining that person and it was necessary to act quickly,

the persons whos animal it was or hte prosecutor or who ever is the plaintiff would have to prove either the animal was not on that persons property, the animal was not threataning that person and or that person baited the animal with intention to kill it.

bob would assume that if you could prove that the person baited the animal with the intention to kill it, that person could be charged with animal cruelty. how ever bob is not sure about that and proving it would be very difficult.

bobs advice would be try to video tape the person trying bait the animals and to try and prevent that person from killing them do as mucha s you can to keep them away. bob is almost certain baiting the animal with intention to kill is illegal and would fall under animal cruelty, however proving this case would be difficult in court as any defense would just claim the animal came on to the property and was threataning the person. so video tape the neighbor doing this or take pictures, good luck.

Answer 3

You need to look up the municipal by-laws that deal with stray animals in your town (any loose animal is considered a stray). There probably is something specific there about what a homeowner can or can't do about it. Around here the by-laws are not online, so you may actually have to appear in person at the office to look it up. Give the ASPCA a call they may know this law if it exists.

Answer 4

That is illeagle in any state. But if there is an animal that threatans you on your property you can kill it. My advice is to make some salt rock rounds for your shotgun ( if thats what you have) A salt rock round will blow the hairs right of aa animal but wont kill it, it will also sting like hell so the animal most likly will not come back. Oh and you cant kill humans i think that goes for where you live too. Oh and dont go shooting animals and claim they threatand you, you live on a small island and should keep cool with your nabers.

Answer 5

You really should go to your local town hall and look at the statutes. Contact a local law school, this is the kind of thing they love to research. You can try lexus-nexus too. I assume that someone has done this to your pet and you are trying to file charges??

Answer 6

I hope you never find a site that informs you of this. if you are having trouble in Hawaii by any pet I am sure you are able to phone some society to help solve your problem. How you can ask such a cruel question without first (if at all) using your brain and seeking the necessary help....please phone someone.

Answer 7

You don't need a web page for this it's illegal in every sense of the word

Answer 8

why in the world would you want to do this????

O.K., reading your additional, you need to talk to your neighbor, find out if in fact that is what he is doing, even if he does not admit to baiting your pet, he might tell you he has issues, you need to both come to an agreement over your pet,

Answer 9

WHY WOULD ANYONE DO THIS???

Ok, since you reworded it... I would think that this would be illegal anyway. It's like luring a child away from his in order to harm or kill him.

Answer 10

just soak hamburger in antifeeze and just throw the meatballs in the yard end of pet, its so simple!