California: The Status of Crimes Against Animals for Religious Purposes California communities, like most others across the nation, currently have no local ordinances specifically prohibiting the animal mutilation and sacrifice for religious purposes. Currently, such cases could be challenged under any of the California Penal Code sections dealing with crimes against animals, some of which are summarized below. Crimes Against Animals - Felony or Misdemeanor. (Pen. 597) (a) Except as provided in subdivision (c) , every person who maliciously and intentionally maims, mutilates, tortures, or wounds a living animal which is the property of the person or which is the property of another, or maliciously and intentionally kills an animal which is the property of the person or which is the property of another, is guilty of an offense punishable by imprisonment in the state prison, or by a fine of not more than $20,000, or by both the fine and imprisonment, or, alternatively, by imprisonment in the county jail for not more than one year, or by a fine of not more than $2,000, or by both the fine and imprisonment. (b) Except as otherwise provided in subdivision (a) or (c), every person who overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, drink, or shelter, cruelly beats, mutilates, or cruelly kills any animal, or causes or procures any animal to be so overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of necessary sustenance, drink, shelter, or to be cruelly beaten, mutilated, or cruelly killed; and whoever, having the charge or custody of any animal, either as owner or otherwise, subjects any animals to needless suffering, or inflicts unnecessary cruelty upon the animal, or in any manner abuses any animal, or fails to provide the animal with proper food, drink, or shelter or protection from the weather...is, for every such offense, guilty of a misdemeanor. (c) Every person who maliciously and intentionally maims, mutilates, or tortures any mammal, bird, reptile, amphibian, or fish as described in subdivision (d) [endangered and fully protected species] is guilty of an offense punishable by imprisonment in the state prison, or by a fine of not more than $20,000, or by both the fine and imprisonment, or, alternatively, by imprisonment in the county jail for not more than one year, by a fine of not more than $2,000, or by both the fine and imprisonment... Permitting Animals to Go Without Care: Abandoned Animals to be Killed. (Pen. 597f) Every owner, driver, or possessor of any animal, who shall permit the same to be in any building, enclosure, lane, street, square, or lot, of any city, city and county, or judicial district, without proper care and attention, shall, on conviction, be deemed guilty of a misdemeanor... Confinement of Animals. (Pen.597t.) Every person who keeps an animal confined in an enclosed area shall provide it with an adequate exercise area. If the animal is restricted by a leash, rope, or chain, the leash, rope, or chain shall be affixed in such a manner that it will prevent the animal from becoming entangled or injured and permit the animal's access to adequate shelter, food and water. Violation of this section constitutes a misdemeanor. Efforts to make the Penal Code reflect the new concern for religiously-motivated animal mutilation and sacrifice first gained statewide attention during an April 1989 conference of the California Animal Control Directors Association. At about the same time, the Los Angeles Board of Animal Regulation called for a comprehensive staff report on animal sacrifice for religious purposes. The Board also announced its consideration of the Model Ordinance drafted by the Humane Society of the United States which, in part, recommends: That animal sacrifice be defined as "injuring or killing of any animal, whether domestic or wild, in any religious or cult ritual or as an offering to a deity wherein the animal has not been killed for the primary purpose of food preparation, regardless of whether the flesh or blood of such animal is subsequently consumed." That "No person shall own, keep, possess, sacrifice or slaughter any sheep, goat, pig, cow or the young of such species, poultry, rabbit, dog, cat or any other animal intending to use such animal for food purposes or animal sacrifice rituals. This section is applicable to any person, group or cult that engages in animal sacrifice. The presence of any animal carcass or animal parts or blood found in conjunction with any cult ritual shall be prima facie evidence of a violation of this ordinance. Nothing in this section shall be construed to prohibit any establishment licensed under the laws of this state and under the rules and regulations promulgated by the (State) Department of Agriculture from lawfully engaging in the slaughter of animals which are specifically raised for food purposes." Those who violate any such ordinance "shall be fined not less than $100.00 nor more than $1,000 for each offense and/or jailed for not more than six months." (Model Animal Slaughter / Animal Sacrifice Ordinance, The Human Society of the United States. For further information, contact Eric Sakach at the Humane Society's West Coast Regional Office, 1713 J Street, Suite 211, Sacramento, CA 95814 916/447-3295.)