2009AP1827-CR & 2009AP1828-CR State v. Kuenzi

Listen to this article

Animal Cruelty
Wild animals

Cruelty to wild animals can be prosecuted under the animal cruelty statute.

“First, the legislature defines ‘animal’ in chapter 951—and, thus, in § 951.02—in a way that unambiguously includes non-captive wild animals. The broad definition states: ‘“Animal” includes every living … [reptile, amphibian, and] [w]arm-blooded creature, except a human being.’ Wis. Stat. § 951.01(1). When words are specifically defined by the legislature, their meaning is as defined, and we need not resort to other rules of statutory construction. Wisconsin Citizens Concerned for Cranes & Doves v. DNR, 2004 WI 40, ¶21, 270 Wis. 2d 318, 677 N.W.2d 612. Here, the legislature has provided a clear definition that includes all warm-blooded animals.”

“Second, the limited reading advocated by the Kuenzis is inconsistent with the wording the legislature chose to use to avoid conflicts with chapter 29. Rather than exclude all non-captive wild animals from coverage, the legislature instead prohibits enforcement that controverts chapter 29 laws and regulations governing ‘the taking of wild animals.’ By prohibiting a subset of takings—those that controvert chapter 29—the legislature necessarily conveys its belief that there are takings that do not controvert chapter 29.”

“Third, assuming for purposes of this discussion only that the cruel mistreatment provision is the sole prohibition in chapter 951 that is capable of application to non-captive wild animals, that fact does not support the Kuenzis’ interpretation. It does not help the Kuenzis because there is no inconsistency in having several specific prohibitions directed at domesticated and captive wild animals and also a general prohibition on inflicting ‘unnecessary and excessive pain or suffering or unjustifiable injury or death’ on all animals.”

Reversed and Remanded.

Recommended for publication in the official reports.

2009AP1827-CR & 2009AP1828-CR State v. Kuenzi

Dist. IV, Waupaca County, Kirk, Hoffman, JJ., Lundsten, J.

Attorneys: For Appellant: Fassbender, James H., Waupaca; Lloyd, Katherine Desmond, Madison; For Respondent: Olsen, Jefren E., Madison

Full Text