For the Defense - Volume 3, Issue 1 - 2018 - 16

Transporting and Working Animals in
a Cruel Manner
A person may not carry or cause or allowed
to be carried, an equine animal in or upon a
conveyance or other vehicle whatsoever with two
or more levels stacked on top of one another.40
Although a violation of this section is a summary
offense, a second or subsequent offense will be
charged as a misdemeanor of the third degree
for each equine animal transported.
Standards also exist regarding the hours of
labor for animals. A person commits a summary
offense if a person leads, drives, rides or works
or causes or permits another person to lead,
drive, ride or work a horse, mule, ox or other
animal whether belonging to the person or in the
person's possession or control for more than 15
hours in a 24-hour period or more than 90 hours
in one week.41
Lastly, when discussing large animals, we
cannot ignore the cows among us and must
acknowledge that it is still a summary offense
under the new law if one kneads or beats or pads
the udder of a cow or, willfully allows a cow to
go un-milked for a period of 24 hours or more for
the purpose of enhancing the appearance or the
size of the udder of the cow.42

Humane Society Police Officers and
Immunity
The Animal Cruelty statute falls within
Title 18 of the Pennsylvania Crimes Code and
is enforceable by any law enforcement officer
within the Commonwealth, having jurisdiction in
the area in which the offense occurs. Additionally,
an agent of a society or association for the
prevention of cruelty to animals, incorporated
under the laws of this Commonwealth, shall have
the same powers to initiate criminal proceedings
provided for police officers by the Pennsylvania
Rules of Criminal Procedure.43
Humane Society Police Officers
Any society or association may apply to
the Court of Common Pleas in any county for
the appointment of an individual as a Humane
Society Police Officer (HSPO) for that county.44
This amounts to a private police force with

16

For The Defense

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Vol. 3, Issue 1

the authority to prosecute violations of the
Animal Cruelty statutes. The statutes related to
HSPOs and their appointment, qualifications for
appointment, powers an authority, jurisdiction,
limitations on possession of firearms, training,
continuing education and statutory requirements
regarding statewide registry may be found at 22
Pa C.S.A. ยง 3701, et seq.
With respect to powers and authority,
every individual appointed as a HSPO has the
authority to enforce the animal cruelty laws only
in the county which the court of common pleas
issued the appointment.45 Before exercising the
power and authority within any given county,
each appointed humane society police officer is
required to file notice, along with the copy of
the appointment granted under the humane
society police officer subchapter with the District
Attorney of that county.46
The Pennsylvania Department of Agriculture
(PDA) is required by law to compile and maintain
a registry of information relating to HSPOs. For
those practitioners who wish to check the status
of any given HSPO, an on-line registry exists and
is compiled from reports submitted to PDA by
humane societies, associations for the prevention
of cruelty to animals, and the Clerks of Courts of
those counties in which the Court of Common
Pleas considers applications for the appointment
of humane society police officers.47 Although
the PDA updates the registry within 10 days of
receiving new information, the most current and
accurate information as to a particular HSPO, or
application for appointment as a HSPO, may be
found at the office of the Clerk of Courts for the
county in which the appointment has been made
(or is being considered).
Lastly, it should be noted that any person
violating the subchapter regarding HSPOs
commits a misdemeanor of the third degree and
shall pay upon a conviction up to a $1,000.00 fine
or imprisonment of not more than 90 days or
both. They are also subject to civil penalty up to
$1,000.00 as well.48
Immunity
The new law has also incorporated immunity
provisions for HSPOs and veterinary professionals.



Table of Contents for the Digital Edition of For the Defense - Volume 3, Issue 1 - 2018

Contents
For the Defense - Volume 3, Issue 1 - 2018 - 1
For the Defense - Volume 3, Issue 1 - 2018 - 2
For the Defense - Volume 3, Issue 1 - 2018 - Contents
For the Defense - Volume 3, Issue 1 - 2018 - 4
For the Defense - Volume 3, Issue 1 - 2018 - 5
For the Defense - Volume 3, Issue 1 - 2018 - 6
For the Defense - Volume 3, Issue 1 - 2018 - 7
For the Defense - Volume 3, Issue 1 - 2018 - 8
For the Defense - Volume 3, Issue 1 - 2018 - 9
For the Defense - Volume 3, Issue 1 - 2018 - 10
For the Defense - Volume 3, Issue 1 - 2018 - 11
For the Defense - Volume 3, Issue 1 - 2018 - 12
For the Defense - Volume 3, Issue 1 - 2018 - 13
For the Defense - Volume 3, Issue 1 - 2018 - 14
For the Defense - Volume 3, Issue 1 - 2018 - 15
For the Defense - Volume 3, Issue 1 - 2018 - 16
For the Defense - Volume 3, Issue 1 - 2018 - 17
For the Defense - Volume 3, Issue 1 - 2018 - 18
For the Defense - Volume 3, Issue 1 - 2018 - 19
For the Defense - Volume 3, Issue 1 - 2018 - 20
For the Defense - Volume 3, Issue 1 - 2018 - 21
For the Defense - Volume 3, Issue 1 - 2018 - 22
For the Defense - Volume 3, Issue 1 - 2018 - 23
For the Defense - Volume 3, Issue 1 - 2018 - 24
For the Defense - Volume 3, Issue 1 - 2018 - 25
For the Defense - Volume 3, Issue 1 - 2018 - 26
For the Defense - Volume 3, Issue 1 - 2018 - 27
For the Defense - Volume 3, Issue 1 - 2018 - 28
For the Defense - Volume 3, Issue 1 - 2018 - 29
For the Defense - Volume 3, Issue 1 - 2018 - 30
For the Defense - Volume 3, Issue 1 - 2018 - 31
For the Defense - Volume 3, Issue 1 - 2018 - 32
For the Defense - Volume 3, Issue 1 - 2018 - 33
For the Defense - Volume 3, Issue 1 - 2018 - 34
For the Defense - Volume 3, Issue 1 - 2018 - 35
For the Defense - Volume 3, Issue 1 - 2018 - 36
For the Defense - Volume 3, Issue 1 - 2018 - 37
For the Defense - Volume 3, Issue 1 - 2018 - 38
For the Defense - Volume 3, Issue 1 - 2018 - 39
For the Defense - Volume 3, Issue 1 - 2018 - 40
For the Defense - Volume 3, Issue 1 - 2018 - 41
For the Defense - Volume 3, Issue 1 - 2018 - 42
For the Defense - Volume 3, Issue 1 - 2018 - 43
For the Defense - Volume 3, Issue 1 - 2018 - 44
For the Defense - Volume 3, Issue 1 - 2018 - 45
For the Defense - Volume 3, Issue 1 - 2018 - 46
For the Defense - Volume 3, Issue 1 - 2018 - 47
For the Defense - Volume 3, Issue 1 - 2018 - 48
For the Defense - Volume 3, Issue 1 - 2018 - 49
For the Defense - Volume 3, Issue 1 - 2018 - 50
For the Defense - Volume 3, Issue 1 - 2018 - 51
For the Defense - Volume 3, Issue 1 - 2018 - 52
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For the Defense - Volume 3, Issue 1 - 2018 - 54
For the Defense - Volume 3, Issue 1 - 2018 - 55
For the Defense - Volume 3, Issue 1 - 2018 - 56
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https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol7_issue3_2022
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https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol5_issue2_2020
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol5_issue1_2020
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol4_issue4_2019
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol4_issue3_2019
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol4_issue2_2019
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol4_issue1_2019
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol3_issue4_2018
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol3_issue3_2018
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol3_issue2_2018
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol3_issue1_2018
https://www.nxtbook.com/nxtbooks/pacdl/FORTHEDEFENSE_vol2_issue4_2017
https://www.nxtbook.com/nxtbooks/pacdl/FORTHEDEFENSE_vol2_issue3_2017
https://www.nxtbook.com/nxtbooks/pacdl/FORTHEDEFENSE_vol2_issue2_2017
https://www.nxtbook.com/nxtbooks/pacdl/FORTHEDEFENSE_vol2_issue1_2017
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol1_issue4_2016
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol1_issue3_2016
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol1_issue2_2016
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol1_issue1_2016
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