Columbus OVI/DUI Attorney Blog
A driver ran a stop sign, ran from a cruiser, and ran over a cat. The cat died as a result. According to the Dayton Daily News, the driver was charged with multiple felony offenses. One of the felony charges involves prohibitions concerning companion animals. Is it really a felony to hit and kill a stray cat?
Goddard’s Law
Prior to 2016, Ohio law did not specifically prohibit causing serious physical harm to a companion animal. Ohio law prohibited ‘cruelty’ to animals, and that offense was categorized as a second-degree misdemeanor. The penalties for violating the law were increased if the animal involved was a companion animal.
In 2016, the Ohio legislature passed ‘Goddard’s Law’. The law is named for Dick Goddard, a television meteorologist and animal activist from Akron. Goddard’s Law, codified in Ohio Revised Code section 959.131(C), makes it unlawful to knowingly cause serious physical harm to a companion animal. This offense is categorized as a fifth-degree felony. The penalties for committing this offense include community control (probation), a fine of up to $2,500, and a possible prison term of up to 12 months.
Serious Physical Harm
To be guilty of violating ‘Goddard’s Law’, the offender must cause ‘serious physical harm’. ‘Serious physical harm’ is defined as physical harm that:
- Carries an unnecessary or unjustifiable substantial risk of death
- Involves either partial or total permanent incapacity
- Involves acute pain of a duration that results in substantial suffering or that involves any degree of prolonged or intractable pain.
Companion Animal
For a person to be convicted of ‘Goddard’s Law’, the serious physical harm must be caused to a ‘companion animal’. A ‘companion animal’ is any animal that is kept inside a residential dwelling and any dog or cat, regardless of where it is kept, including a pet store. Livestock and wild animals are not considered ‘companion animals’.
From the legal definition above, it is clear a pet racoon kept inside a house is a ‘companion animal’. But what about a stray cat? That question was answered in October of 2024, when the Ohio Supreme Court decided the case of State v. Kyles.
Kyles was convicted of violating ORC section 959.131(C) after causing serious physical harm to a stray cat. Kyles argued he should not have been convicted of the law because the cat was not ‘kept’ inside a residential dwelling, as nobody was taking care of the cat. The Ohio Supreme Court disagreed. The Court reasoned that ‘any dog or cat’ means all dogs and cats, regardless of whether they are kept in a residential dwelling. Therefore, a stray cat (or dog) is a ‘companion animal’.
Drive Cautiously
To avoid being charged with a felony, be careful when a squirrel runs in front of your vehicle. You never know if that squirrel is being ‘kept in a residential dwelling’!