Title

Broad Exemptions in Animal-Cruelty Statutes Unconstitutionally Deny Equal Protection of the Law

Document Type

Article

Publication Date

2007

Keywords

animan cruelty, exemptions, equal protection

Subject Category

Animal Law | Constitutional Law | Law | State and Local Government Law

Abstract

Part of a special issue on animal law and policy. The writer discusses the nine exemptions that have been appended over the years to North Carolina's criminal animal-cruelty statute (section 14-360). Those who have benefited from the exemptions include medical researchers, persons raising livestock, hunters, and veterinarians. However, these exemptions deprive nonprotected actors of equal protection under the law and that, under the remedial law employed in North Carolina, any defendant prosecuted for violating section 14-360 has standing to assert thestatute's invalidity due to its Part of a special issue on animal law and policy. The writer discusses the nine exemptions that have been appended over the years to North Carolina's criminal animal-cruelty statute (section 14-360). Those who have benefited from the exemptions include medical researchers, persons raising livestock, hunters, and veterinarians. However, these exemptions deprive nonprotected actors of equal protection under the law and that, under the remedial law employed in North Carolina, any defendant prosecuted for violating section 14-360 has standing to assert the statute's invalidity due to its discriminatory exemption. In order to overcome this constitutional defect, the exemptions must be excised from the statute.


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