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New Jersey Section 2C:29-3.1 – Animal owned, used by law enforcement agency, search and rescue dog, infliction of harm upon, interference with officer, degree of crime, penalties.

New Jersey Takes Animal Cruelty Seriously: Harsh Penalties for Harming Law Enforcement Animals

New Jersey has some of the toughest laws in the country when it comes to animal cruelty, especially for crimes against animals owned or used by law enforcement agencies. A new law, Section 2C:29-3.1 of the New Jersey Code of Criminal Justice, ups the penalties for harming or interfering with dogs, horses, and other animals used by police, sheriffs, and search and rescue teams.

As an animal lover and criminal defense lawyer in New Jersey, I think this law is a step in the right direction. Police dogs, search dogs, and mounted patrol horses play a vital role in keeping our communities safe. They deserve our protection and care. At the same time, I worry about the potential for overly harsh punishment under this law, and the need to consider intent and circumstances on a case-by-case basis.

In this article, I’ll break down the key provisions of 2C:29-3.1, talk about its history, and discuss the pros and cons of strict liability laws for harming law enforcement animals. My goal is to educate pet owners, animal advocates, and anyone who cares for or encounters police dogs on their rights and responsibilities under this statute.

The Basics of 2C:29-3.1

Section 2C:29-3.1 of the New Jersey Code makes it a fourth-degree felony to purposefully harm or interfere with a law enforcement animal. The law covers dogs, horses, and other animals used by police, sheriffs, prosecutors, corrections, parole, or search and rescue teams.

Specifically, you can be charged under this statute if you:

  • Purposely maim or inflict harm on an animal owned or used by law enforcement. This includes but isn’t limited to shooting, beating, poisoning, or injuring the animal.
  • Interfere with an officer’s use of an animal while carrying out official duties. For example, distracting a police dog during a search or pursuit.

The law also defines “search and rescue dog” to include any dog trained or being trained for search and rescue, if it is owned by an independent handler or organization. So harming a volunteer SAR dog could also lead to charges.

A fourth-degree crime in New Jersey carries severe penalties. You face up to 18 months in prison and fines up to $10,000. The court can also order restitution to the agency that owns the animal for veterinary bills, retraining costs, or replacement if the animal can no longer work.

If the animal dies due to your actions, you will be sentenced to at least 18 months in prison without parole, with fines up to $15,000. That’s the same penalty as knowingly causing bodily harm to a law enforcement officer.

How the Law Came About

New Jersey first enacted a statute specifically protecting law enforcement animals in 2016. This law, also called Section 2C:29-3.1, made it a disorderly persons offense to harm or interfere with these animals.

That meant a maximum of 6 months in jail and $1,000 in fines. Still significant, but minor compared to felonies.

The push for increased penalties started with the tragic case of a retired police dog named Pedals. Pedals gained fame in the town of West Orange after losing his paws to frostbite. He learned to walk upright on his hind legs with a custom wheelchair.

Sadly, Pedals disappeared in 2016 and was presumed killed or stolen. The case outraged the community and brought awareness to the need for tougher laws protecting law enforcement animals. Pedals’ story inspired “Pedals’ Law”, upgrading crimes against these animals to fourth-degree felonies.

The bill unanimously passed the Legislature in late 2020. Governor Phil Murphy signed it into law in January 2021. The tougher penalties took effect immediately.

Pros of the Stricter Law

Animal welfare advocates praised Pedals’ Law as a common-sense step toward justice. Police and SAR teams welcomed the stiffer penalties as recognition of their animals’ service. Groups like the NJ Veterinary Medical Association supported the bill’s deterrent effects.

I agree the new penalties reflect how invaluable these animals are to law enforcement. Other pros include:

  • Deterring assaults, harassment, and cop-killing of police dogs. Attacks on law enforcement animals have risen nationwide in recent years. Stronger consequences can help curb violence.
  • Prosecuting interference and distraction of working animals. For example, drunk fans taunting police horses outside stadiums. Or protesters deliberately distracting K9s during search operations.
  • Making offenders pay restitution for injured or killed animals. Agencies invest huge time and money into training and caring for their dogs, horses, and other animals. Justice demands making offenders cover those costs.
  • Educating the public on safe interactions with working animals. The law reminds New Jersey residents to treat law enforcement animals with care and respect.

Cons and Concerns

While I support the overall intent of 2C:29-3.1, I worry about unintended consequences of knee-jerk “get tough” laws. Laws crafted in response to one incident often go too far when applied to the wide range of scenarios in the real world.

Potential downsides of Pedals’ Law include:

  • Excessive punishment for accidental or minor harm. What if a child harasses or injures a police dog? Or a distracted driver hits a police horse? Mandatory prison time feels extreme.
  • Chilling effects on protest and dissent. With stiff felony charges now on the table, will officers be too quick to arrest activists who get near their animals?
  • Pressure on defendants to accept unfair plea deals. Prosecutors often stack charges to intimidate defendants into pleading guilty. Overblown felony animal cruelty charges could become another bullying tactic.
  • Barriers to reentry and employment for offenders. Saddling young or first-time offenders with a felony record further disadvantages them.
  • No exemptions for disabled persons or protected speech. Laws restricting rights should be narrowly tailored. But 2C:29-3.1 makes no attempt to avoid discrimination.
  • Unequal valuing of animal lives. Why are police animals worth more than companion pets? And why don’t farm, lab and shelter animals get similar protections?

As a criminal defense attorney, I also worry about the enhanced power these laws give law enforcement. Police already have wide discretion on when to deploy K9s and horses. Harsher penalties for interfering with their animals may lead to overuse or abuse. There need to be checks on authority to prevent oppression in the name of public safety.

How to Avoid Trouble with Police Animals

My best advice for staying on the right side of this law? Use common sense and caution around law enforcement animals! Remember, they’re working partners, not pets to play with.

Here are tips for safe interactions:

  • Maintain distance and don’t attempt to touch police dogs or horses without the handler’s permission. Never run towards or crowd them.
  • Follow all commands from the animal’s handler immediately. This includes freezing, backing up, or moving out of the way.
  • Don’t shout at, whistle, wave food at, or make sudden movements towards law enforcement animals. This can break their focus or be seen as aggression.
  • If an animal seems agitated, anxious, or distracted, calmly back away and give them space. Don’t take it personally.
  • Educate children not to run up to police dogs and horses. Teach them to be calm and quiet around working animals.
  • If you see abuse or unsafe handling of a police animal, document details and make a complaint to the agency. Don’t confront the officer.

Remember, law enforcement animals have the same authority as human officers. Causing them harm or ignoring their handler’s orders can lead to serious criminal charges. Respect them and give them space to do their critical jobs.

The Bottom Line

New Jersey’s enhanced penalties for harming law enforcement animals recognize the risks these partners face in keeping communities safe. However, stiff mandatory sentences also remove discretion and nuance from the justice system.

I hope prosecutors will exercise good judgment when applying Section 2C:29-3.1. And I encourage police agencies to implement rigorous training to prevent abuses of power. With care on all sides, we can protect these special animals while also upholding human rights.

The welfare of animals and people aren’t opposed – it’s about finding balance. As an animal lover and a defense lawyer, I’ll continue watching how Pedals’ Law plays out. My aim is keeping our communities humane for all residents…including those with four legs.

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