Assembly Bill 1290: Expanding the Definition of Theft of a Companion Animal and Its Legal Implications

Historically, animal theft laws primarily focused on dogs due to their long-standing role as loyal companions. However, AB 1290 recognized the emotional bonds people form with all kinds of animals, not just dogs, and expanded protections. This new law clarifies that stealing or taking someone else’s companion animal is considered theft in California.

Let’s break down what AB 1290 changed, what this means for pet owners, and the legal implications.

What Does AB 1290 Do?

AB 1290 amended California’s theft laws to make clear that companion animals are considered personal property for the purposes of theft. This includes animals like cats, rabbits, birds, reptiles, horses, and more. Before, the law only specified dogs.

Specifically, AB 1290:

• Expands the definition of grand theft to include stealing any companion animal valued over $950, not just dogs.
• Expands petty theft to include taking any companion animal valued under $950, not just dogs.
• Clarifies the existing crimes of dog theft apply to any companion animal.

The goal is to recognize that all companion animals have value to their human families, not just dogs. Stealing someone’s beloved cat or rabbit causes real emotional distress, so it should be treated as theft under the law.

What Are the Implications for Pet Owners?

For pet owners in California, AB 1290 means your cats, birds, reptiles, and other companion animals now have the same protections under theft law as dogs.

If someone takes your companion animal, you can report it to the police as theft. Before, some people may not have realized stealing a cat or hamster was legally considered theft. AB 1290 makes it crystal clear.

You should also take precautions to protect your pets from theft. Things like microchipping, keeping cats indoors, and not leaving any animal unattended outside can help deter theft.

What Are the Legal Implications?

For prosecutors, AB 1290 makes it easier to charge suspects with theft for taking companion animals. Before, you could only charge someone with theft for taking a dog unless you could prove another animal had high monetary value.

Now, taking any companion animal – no matter the breed, pedigree or monetary value – can be charged as theft. This allows prosecutors to better capture the emotional distress involved.

For suspects, the penalties for companion animal theft are now the same as for dog theft in California:

• Grand theft (over $950) is punishable by up to 3 years in jail.
• Petty theft (under $950) is punishable by up to 6 months in jail.

There are also additional penalties for repeat offenders or if the theft involves animal cruelty.

While some pet theft cases may still be charged as misdemeanors based on the circumstances, prosecutors now have more flexibility to charge as grand theft for high-value or emotional distress cases.

Reactions to AB 1290

AB 1290 passed unanimously in the California Legislature with broad support from animal welfare groups. For example, the Humane Society called it an “important step forward” in protecting pets.

Some concerns were raised about how to determine an animal’s value and whether $950 is the right threshold. But overall the law is seen as a positive move to protect more companion animals from theft.

Pet owners also seem pleased their cats, rabbits, birds and other pets now have equal protection under the law. Many did not realize before that stealing these companion animals wasn’t legally considered theft.

What to Do if Your Pet is Stolen

If your companion animal is stolen, here are some tips:

• Report it to the police immediately as theft. Have photos, vet records and adoption papers ready to help identify your pet.
• Contact local shelters and rescue groups to report your pet missing. Provide flyers and photos.
• Post about your missing pet on social media and online lost/found pet groups. Offer a reward if possible.
• For cats and small animals, check close by outdoor areas they could be trapped or hiding.
• Don’t lose hope! Keep checking shelters and rescuing lost pet sites. Many stolen pets are eventually found.

The Bottom Line

AB 1290 is a common-sense update to California’s theft laws. It recognizes the special emotional bond people share with all companion animals, not just dogs. Ensuring cats, rabbits, birds, reptiles and more are protected just like dogs is a win for pets, owners and prosecutors.

While more can be done to combat pet theft, AB 1290 empowers law enforcement to better serve victims of companion animal theft. It’s a meaningful step on the journey towards full protection for our furry, feathered and scaled friends.