Boston Herald

SJC to rule on youth animal abusers

Kids could be charged, punished as adults

- — bob.mcgovern@bostonhera­ld.com

Massachuse­tts law has historical­ly shown little mercy to those who abuse animals, and now the state’s highest court is set to determine whether a juvenile accused of harming one of our furry friends can be charged and punished as an adult.

The Supreme Judicial Court has decided to hear a case that will determine whether a juvenile accused of causing “serious bodily injury” to an animal can be tried as a youthful offender. If the high court sides with prosecutor­s, the teen could face an adult sentence if he is convicted.

Under state law, that could mean seven years in state prison. If charged as a juvenile, a teen perpetrato­r could only be committed to the Department of Youth Services until the age of 18.

“I think whatever the SJC does, it points to an increased awareness of and concern for the interests of nonhuman animals,” said Steven Wise, an attorney who specialize­s in animal rights. “The fact that the court has decided to hear it is a good sign. I don’t think 10 years ago this would have been in front of the SJC.”

Suffolk District Attorney Dan Conley’s office is asking the SJC to consider the unique question, and the court has sent out a request for input from those who may have an interest in the outcome. Since the case is still a juvenile proceeding, Suffolk prosecutor­s declined comment.

The sensitive nature of juvenile proceeding­s also means that all court documents are under seal.

“The commonweal­th here is trying to expand the categories of crimes for which children can be punished as adults. They argue that it includes abuse to animals,” said Benjamin Falkner, an attorney representi­ng the juvenile. “That will be up to the Supreme Judicial Court to decide.”

Under Massachuse­tts law, a juvenile between 14 and 17 can be tried as a youthful offender if they commit an offense that “involves the infliction or threat of serious bodily harm.” The law, however, does not say whether or not a human being needs to be the one being harmed.

The court will be tasked with determinin­g whether that omission can mean that abuse to animals is also covered or whether prosecutor­s are reading too much into it.

“We are seeing more that prosecutor­s are seeing animals as victims,” said Diane Balkin, an attorney with the Animal Legal Defense Fund, a California-based organizati­on that files lawsuits to protect animals from harm. “This is, however, a very difficult question to answer.”

The court will likely have to look into the legislativ­e intent of the youthful offender statute. Prosecutor­s will likely argue that humans and nonhumans alike can suffer bodily harm and that they are simply asking the court to consider the law as its written.

The defense is that this reading overinflat­es the statute.

“Right now there is a real question as to whether or not the law goes that far,” said Wise, who founded the Nonhuman Rights Project. “It’s not an easy question.”

 ?? STAFF FILE PHOTO BY ANGELA ROWLINGS ?? CREATURE COMFORT: Suffolk District Attorney Daniel F. Conley is asking the Supreme Judicial Court to change a state law dealing with juveniles who abuse animals.
STAFF FILE PHOTO BY ANGELA ROWLINGS CREATURE COMFORT: Suffolk District Attorney Daniel F. Conley is asking the Supreme Judicial Court to change a state law dealing with juveniles who abuse animals.
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