A state law in Ohio that elevates animal cruelty to a felony now includes protections for all dogs and cats, including strays. This decision was made by the Supreme Court of Ohio in a unanimous ruling.
The case involved Alonzo Kyles, who was convicted of fifth-degree felony animal cruelty after pouring bleach into an apartment building basement to drive away an unclaimed cat. The Supreme Court reversed a previous decision by the Eighth District Court of Appeals, which had determined that the felony-level statute only applied to animals that had "received care" from someone.
Justice Patrick F. Fischer, writing for the Court majority, noted that while the state law is not clearly written, it aims to protect all cats and dogs, regardless of whether they are kept in a residential dwelling or by a person. “Applying the statute’s plain meaning, we hold that R.C. 959.131's prohibition on causing serious physical harm to a companion animal extends to all dogs and cats,” Justice Fischer stated.
The incident leading to Kyles' conviction occurred in October 2021 when Cleveland police responded to a complaint at an apartment building. Officers found Kyles on the stairway leading to the basement and heard a cat meowing in distress. Kyles admitted he poured bleach on the floor because he was afraid of cats.
An officer observed that the cat had red and swollen paws and appeared unclaimed. The cat was taken to West Park Animal Hospital where a veterinarian testified about its condition, noting ulcerations consistent with bleach exposure.
Kyles was indicted under R.C. 959.131(C) for animal cruelty and sentenced to nine months in jail. He appealed his sentence, arguing there wasn't enough evidence proving the cat was a companion animal as defined by law.
The Eighth District initially sided with Kyles, interpreting "kept" as "take care of," thus limiting felony protection only to cared-for animals and leaving strays protected under misdemeanor-level prohibitions. However, this decision was overturned by the Supreme Court following an appeal from the Cuyahoga County Prosecutor’s Office.
The legal debate focused on defining “companion animal.” According to R.C. 959.131(C), it includes any dog or cat regardless of location or ownership status. The prosecutor argued this definition means any dog or cat is protected without regard for where it is found or if it's owned.
Justice Fischer acknowledged both sides presented reasonable arguments but emphasized that using "any" suggests inclusivity of all dogs and cats as protected under this law.
“We are not convinced by Kyles’s argument that ‘regardless of where the animal is kept’ is a clause that means the animal must be kept,” stated Justice Fischer. He further explained that although clearer language could have been used, employing “any” sufficiently indicates protection for all dogs and cats.
This ruling clarifies Ohio's stance on protecting stray animals under felony-level cruelty laws by removing residency requirements for such protections.