Moral Outcry

A bill (LB 104) has been introduced in Nebraska which would prohibit the performance of abortions after the fetus has the “physical structures necessary to experience pain.” The bill would require that an abortionist determine the gestational age of the unborn child before performing an abortion. It is well established scientifically that by 20 weeks gestation, the unborn child experiences substantial pain. The impact of this bill, if passed and upheld, is that abortions after about 20 weeks or later would no longer be legal if a state passes a law prohibiting such abortions.

LB 104, of course, flies in the face of the 1973 Roe v. Wade decision and presents a new challenge to the holdings in Roe which allows abortions to be performed throughout the full nine months of pregnancy.

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Dr. Richard T.F. Schmidt, past President of the American College of Obstetricians and Gynaecologists, said,

“It can be clearly demonstrated that fetuses seek to evade certain stimuli in a manner which in an infant or an adult  would be interpreted as a reaction to pain"

Now, just in case pro-abortion folk want to get all crazy and decry this bill as a great injustice, think about this:

There are now 41 states plus the District of Columbia with felony provisions for animal cruelty (32 plus DC with “Felony” specifically stated in the statute, 8 with felony punishments attached, but the status of the crime is not specifically defined).

If we can protect animals from cruelty surely we can protect unborn children from cruel pain, as well.

State & Statute	Felony Provision?	Maximum Sentence for First Offense
Alabama, Code 13A-11-14	Yes	Cruelty: Fine up to $1000, imprisonment up to 6 months. Intentional torture: Fine up to $5000, imprisonment up to 10 years.
Alaska, Statute 11.61.140	No	Fine up to $5000, up to 1 year imprisonment.
Arizona, Statute 13-2910 et. seq.	Yes	Cruel treatment: Fine up to $2500, imprisonment for 6 months. Intentional Cruel Neglect, Mistreatment: Fine up to $150,000, imprisonment up to 1.5 years.
Arkansas, Code 5-62-101 et seq.	No	Fine up to $1000, imprisonment up to 1 year.
California, Penal Code 596-597	Yes	Fine up to $20,000, imprisonment up to 1 year.
Colorado, Revised Statute 18-9-202, et seq.	Yes	Cruelty: Minimum fine of $400, maximum fine $5000, plus up to $400 surcharge for Animal Cruelty Prevention Fund. Aggravated Cruelty: Fine up to $100,000, imprisonment up to 18 months, 90 days mandatory.
Connecticut, Statute Section 53-247	Yes	Cruelty: Fine up to $1000, imprisonment up to 1 year. Intentional/Malicious Torture: Fine up to $5000, imprisonment up to 5 years.
Delaware, Code Ann. Title 11, Part 1, Chapter 5, Subchapter VII, 1325 et seq.	Yes	Cruelty: $1000 fine, imprisonment up to 1 year, prohibits animal ownership for 5 years. Intentional Cruelty: $5000 fine, imprisonment up to 5 years, prohibits animal ownership for 15 years.
District of Columbia (Washington DC), Ann. 22-1001 et seq.	Yes	Cruelty: Fine up to $250, imprisonment up to 180 days. Cruelty resulting in serious injury or death: Fine up to $25,000, imprisonment up to 5 years.
Florida, Statute 828.12 et seq.	Yes	Cruelty: Fine up to $5000, imprisonment up to 1 year. Intentional Cruelty: Fine up to $10,000, imprisonment up to 5 years. Intentional Cruelty with torture: Minimum fine of $2500 and psychological treatment.
Georgia, Code Ann. 16-12-4 et seq.	Yes (defined in Statute)	Cruelty: Fine up to $1000, Imprisonment up to 1 year. Aggravated Cruelty: Fine up to $15,000, imprisonment from 1 to 5 years.
Hawaii, Rev. Stat. 711-1109 et seq.	No	Fine up to $2000, imprisonment up to 1 year.
Idaho, Title 25, Chapter 35, 25-3501 et seq.	No	Fine of $100 to $5000, imprisonment up to 6 months.
Illinois, 510 ILCS 70/3 **Model Law**	Yes	Neglect of Owner’s Duties: Fine up to $1500, imprisonment up to 6 months Cruel Treatment: Fine up to $2500, imprisonment under 1 year. Aggravated Cruelty: Fine up to $25,000, imprisonment from 1-3 years, 1 year probation. Animal Torture: Fine up to $25,000, imprisonment from 2-5 years, 1 year probation.
Indiana, Code 35-46-3-13	Yes	Fine up to $5000, imprisonment up to 1 year.
Iowa, Code 717B.1 et seq.	Yes	Abuse: Fine of $500 to $5000, imprisonment up to 2 years. Neglect: Fine of $50 to $500, imprisonment up to 30 days. Torture: Fine of $500 to $5000, imprisonment up to 2 years and psychological treatment.
Kansas, Stat. Ann. 21-4310 et seq.	No	Fine up to $2500, imprisonment up to 1 year.
Kentucky, REV. Stat. Ann 525.130 & 135	Yes	Cruelty: Fine up to $500, imprisonment up to 1 year. Torture: Fine up to $500, imprisonment up to 1 year.
Louisiana, Rev. Stat. Ann. 14.102	Yes (defined in statute)	Simple Cruelty: Fine up to $1000, imprisonment up to 6 months. Aggravated Cruelty: Fine of $5000 to $25,000, imprisonment of 1-10 years.
Maine, Code Ann. Title 17 –1031	Yes (defined in statute	Cruelty: Fine of $500 to $2500, imprisonment up to 1 year. Aggravated Cruelty: Fine of $1000 to $10,000, imprisonment up to 5 years.
Maryland, Criminal Code, Title 10, Subtitle 6, 10-601 et seq.	Yes	Cruelty or Neglect: Fine up to $1000, imprisonment up to 90 days. Aggravated Cruelty: Fine up to $5000, imprisonment up to 3 years.
Massachusetts, Gen Laws Ch. 272-77 & Gen Laws Ch. 266-112	Yes (defined in statute)	Cruelty: Fine up to $1000, imprisonment up to 90 days. Malicious Killing: Imprisonment up to 5 years or fine up to $1000 and imprisonment up to 1 year.
Michigan, Penal Code 750.50	Yes	Cruelty: Fine up to $1000, imprisonment up to 93 days, up to 200 hours community service. Malicious Cruelty: Fine up to $5000, imprisonment up to 4 years, up to 500 hours community service.
Minnesota, Stat. 343.20 et seq.	Yes (defined in statute)	Cruelty: Fine up to 700, imprisonment up to 90 days. Intentional Cruelty (substantial bodily harm): Fine up to $3000, imprisonment up to 1 year. Intentional Cruelty (death or great bodily harm): Fine up to $5000, imprisonment up to 2 years; If done to intimidate another person: Fine up to $10,000, imprisonment up to 4 years.
Mississippi, Code Ann 97-41-1 et seq.	No	Fine up to $1000, imprisonment up to 6 months.
Missouri, Rev. Stat. 578.005 et seq.	Yes	Neglect: Fine up to $500, imprisonment up to 15 days. Abuse: Fine up to $1000, imprisonment up to 1 year. Abuse includes Torture/Mutilation: Fine up to $500, imprisonment up to 5 years.
Montana, Code Annotated 45-8-211	Yes	Cruelty: Fine up to $1000, imprisonment up to 1 year. Aggravated Cruelty: Fine up to $2500, imprisonment up to 2 years.
Nebraska, Rev Stat. 28-1008 et seq.	Yes	Cruelty, Abandonment or Neglect: Fine up to $1000, imprisonment up to 1 year. Cruelty Involving Torture, Repeated Beating or Mutilation: Fine up to $10,000, imprisonment up to 5 years.
Nevada, Rev. Stat. 574.050 et seq.	Yes	Fine of $200-$1000, imprisonment from 2 days to 6 months, community service from 48-120 hours.
New Hampshire, Rev. Stat. Ann. 644:8	Yes	Cruelty: Fine up to $2000, imprisonment up to 1 year. “Beats, Cruelly Whips, Tortures or Mutilates: Fine up to $7000, imprisonment up to 7 years.
New Jersey, Rev. Stat. Ann. 4:22-17 & 4:22-26	Yes	Cruelty: Fine of $250-$1000, imprisonment up to 6 months. Aggravated Cruelty:  Fine up to $1000, imprisonment up to 18 months. If the animal dies, or subsequent convictions: Fine up to $15,000 and/or imprisonment of 3-5 years.
New Mexico, Stat. Ann. 30-18-1	Yes	Cruelty: Fine up to $1000, imprisonment up to 1 year. Extreme Cruelty: Fine up to $5000, imprisonment up to 18 months.
New York, Article 26, Chapter 353 & 353-a	Yes	Cruelty: Fine up to $1000, imprisonment up to 1 year. Aggravated Cruelty: Fine up to $5000, imprisonment up to 5 years.
North Carolina, Gen Stat 14-360 et seq.	Yes	Discretion of the court.
North Dakota, Century Code 36-21-1-01 et seq.	No	Fine up to $2000, imprisonment up to 1 year.
Ohio, Rev. Code Ann 959.01	Yes	Cruelty: Fine up to $750, imprisonment up to 90 days. Cruelty to companion animals: Fine up to $1000, imprisonment up to 90 days.
Oklahoma, State Title 21: 1685 et seq.	Yes	Abandonment: Fine from $100-$500, imprisonment up to 1 year. Cruelty: Fine up to o $5000, imprisonment in county jail up to 1 year or in state penitentiary up to 5 years.
Oregon, Rev. Stat. 167.310 et seq. **Model Law**	Yes	Abuse: Fine up to $2000, imprisonment up to 6 months. Abuse in the First Degree: Fine up to $5000, imprisonment up to 1 year. Aggravated Abuse:  Fine up to $100,000, imprisonment up to 5 years.
Pennsylvania, 18 PA Cons. Stat. 5511	Yes	Cruelty: Fine of $50-$75, imprisonment up to 90 days. Kill, Maim or Disfigure Domestic Animal: Fine of not less than $500. Kill, maim, mutilate, torture or disfigure any dog or cat: Fine not less than $1000, imprisonment up to 2 years.
Rhode Island, Gen Stat. 4-1-1 et. seq.	Yes (defined in statute)	Unnecessary Cruelty: Fine of $50-$500, imprisonment up to 11 months. Malicious Injury To Or Killing: Fine up to $1000, imprisonment up to 2 years, liable for triple damages in civil court, 10 hours community service.
South Carolina, Code Ann. 47-1-10 et seq.	Yes	Cruelty: Fine of $100-$500, imprisonment up to 60 days. Torture, Mutilates or Cruelly Kills: Fine of $5000 AND imprisonment of 180 days to 5 years.
South Dakota, Codified Laws 40-1-1 et seq.	No	Fine up to $1000, imprisonment up to 1 year.
Tennessee, Code Ann 39-14-202; 39-14-212	Yes	Cruelty: Fine up to $2500, imprisonment from 11 months, 29 days to 30 years. Second or subsequent conviction OR Aggravated Cruelty : Fine up to $3000, imprisonment up to 6 years.
Texas, Penal Code, Title 9, Chapter 42, 42.09	Yes	Cruelty: Fine up to $4000, imprisonment up to 1 year. Torture, Kill, Fighting, etc.: Fine up to $10,000, imprisonment from 180 days to 2 years.
Utah, Code Ann. 76-9-301	No	Cruelty: Fine up to $1000, imprisonment up to 6 months. Aggravated Cruelty: Fine up to $2500, imprisonment up to 1 year.
Vermont, St. Ann. Title 13, Chapter 8, 351 et seq.	Yes (defined in statute)	Cruelty: Fine up to $2000, imprisonment up to 1 year. Aggravated Cruelty: Fine up to $5000, imprisonment up to 3 years.
Virginia, Code Ann. 3.1-796.122	Yes	Cruelty: Fine up to $2500, imprisonment up to 1 year. Tortures, etc.: Fine up to $2500 (Felony).
Washington, Rev. Code 16.52.011 et. seq.	Yes	Cruelty in the Second Degree: Fine up to $1000, imprisonment up to 90 days. Cruelty in the First Degree: Fine up to $10,000, imprisonment up to 5 years.
West Virginia, Code 61-8-19	Yes	Cruelty: Fine of $300-$1000, imprisonment up to 6 months. Torture: Fine of $1000-$5000, imprisonment of 1-3 years.
Wisconsin, Stat. 951.02 et. seq.	Yes	Cruelty: Fine up to $10,000, imprisonment up to 6 months. Mutilation or Death: Fine up to $10,000, imprisonment up to 2 years.
Wyoming, Stat. 6-3-203	Yes	Cruelty: Fine up to $750, imprisonment up to 6 months. Aggravated Cruelty: Fine up to $5000, imprisonment up to 1 year. Felony Cruelty: Fine up to $5000, imprisonment up to 2 years.

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