A History of Alabama’s Cruelty Laws

Alabama’s early animal-related statutes, dating from approximately the mid 1800s through the late 1960s, viewed animals exclusively as property of monetary value. Though many of these early laws penalize the mistreatment of animals, they do so from the perspective of loss of property (monetary damages), not ethical consideration.

The “animals” of original animal laws were livestock, e.g., animals valued for their market price, production value, or as farm labor. Alabama Code §§ 3-1-10–11.1, for example, harming another person’s animal is treated identically to damaging another person’s “article or commodity of value” (e.g., farm equipment, cotton, corn, or peanuts). The law allows for a fine and/or imprisonment for the harm or killing of an animal, but only if it is another person’s animal; assigns restitution according to only monetary damage; and mitigates or justifies acts committed as retribution for prior damage to the defendant’s property.

In 1866, the New York state legislature passed the country’s first anti-cruelty statute and empowered the newly-founded American Society for the Prevention of Cruelty to Animals (ASPCA) to enforce it. Over 100 years later, Alabama enacted its first statute that focused on cruelty, abuse, or neglect of animals in a context independent of monetary damages.

Cruelty Becomes Criminal in Alabama

1977 — § 13A-11-14 Cruelty to Animals was enacted in 1977. The statute criminalized intentional or reckless “cruel mistreatment” of any animal, “cruel neglect” of one’s own animal, or killing or injuring another person’s animal “without good cause.” Violation was a Class B misdemeanor punishable by up to six months of imprisonment and a fine of up to $3,000. The statute did not (and still does not) define “animal.”

2010 — Cruelty to Animals remained unchanged until it was amended in 2010 via Act 2010-550 (HB561) to add more stringent penalties for subsequent offenses.

2013 — Act 2013-369 (HB27), sponsored by Rep. Joe Faust, adjusted the statute to apply only to acts committed recklessly or with criminal negligence. The original misdemeanor offense was upgraded from Class B to Class A, with maximum imprisonment for the first and subsequent offenses increased to one year. The maximum fine was maintained at the Class B level of $3,000 rather than the Class A fine of up to $6,000. This remains the current version of § 13A-11-14.

The Original Cruelty Statute Gains a Felony Charge

2013 — The same Act 2013-369 which adjusted § 13A-11-14 also created § 13A-11-14.1 Aggravated Cruelty to Animals, a Class C felony. The Act moved the mens rea of intentionality from the misdemeanor to this new felony offense. There have been no amendments to Aggravated Cruelty to Animals.

A Law Specific to Companion Animals, and the First Felony Cruelty Statute

2000 — §§ 13A-11-240–246 Cruelty to Dog or Cat, sponsored by Reps. Blaine Galliher and Mike Hill, was enacted in 2000 via Act 2000-615 (HB182), called the Pet Protection Act. The Act was referred to as Gucci’s law after a chow-husky mix dog who, as a 10-week-old puppy, was “hung by the neck, tortured and set on fire by a group of youths in 1994,” as reported in the Los Angeles Times. College professor Doug James rushed to help the dog, who lived 16 years in James’ care. The documentary film A Dog Named Gucci chronicles Gucci’s story, including James’ six years of collaboration with local legislators to pass Gucci’s law. James died in 2021.

Gucci’s law has much in common with Cruelty to Animals, and a crucial difference: only the companion animal law establishes a procedure for custody of seized animals. There have been no amendments to Cruelty to Dog or Cat.