Criminal Law

Crim. Law Journal VOLUME 24, EDITION 1, SPRING 2024

IN A DOG-EAT-DOG WORLD, WHAT DOES A MAN HAVE TO DO TO PROTECT HIS BEST FRIEND?

Written by Alexandra Ferri1

INTRODUCTION

Pet theft and third-party abuse are legitimate problems in our society that are inadequately addressed by the law as it currently stands. For example, 2020 proved to be the "worst [year] ever" for dog thefts.2 These thefts were likely the handywork of "dog flippers," who steal dogs in order to sell them and make a profit.3 Criminals capitalized on the increased demand of dogs due to people being home more and desiring companionship.4 The UK’s "Kennel Club" saw a 168% increase in online searches for puppies for sale in early 2020 compared to early 2019.5 After her dog was stolen, one UK resident "never went to bed. She slept on the sofa with the back door open all summer, hoping her dog would walk home."6 On February 24, 2021, Lady Gaga made headlines after her dog walker was shot and her 2 French bulldogs, Koji and Gustav, were stollen.7 While French bulldogs from breeders will run a buyer $3-5,000, a reseller can sell them at much lower rates and still make a considerable profit.8

Under U.S. law, animals are defined as property,9 and an individual is generally barred from using deadly force to defend property.10 Thus, it is illegal to use deadly force to protect a pet, even when the pet’s life is at risk. The value that criminal law places on pets does not reflect the value today’s society places on pets. Perhaps not shockingly to some, over 1/3 of pet owners "prefer their pets to their partners."11 These pet owners find that their pets listen better than their partner and refrain from judging or questioning.12 More striking is the fact that 1/3 of parents reported that they "prefer their pets over their kids."13

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