What if the defendant does not own the animal seized?
The law assumes that the defendant is the owner of the animal(s) and is financially
responsible for it. It is relatively easy to imagine situations in which the defendant:
- Has custody of but does not own the animal,
- Jointly owns the animal (e.g., a married couple), or
- Does not own or have custody of the animal.
If the defendant has no ownership interest in the animal, the court will probably not order
the defendant to pay or provide for the animal’s care nor will an automatic forfeiture be
triggered under this statute.
Topics - Local and State Government