On Tuesday, February 18, 2025, the New Hampshire (NH) Senate Judiciary Committee will hear public testimony on SB 290, which seeks to add a definition of “torture” to NH’s animal cruelty law. The American Kennel Club (AKC) is deeply concerned that, as currently worded, SB 290 could be used as the basis for inappropriate criminal charges for actions that unintentionally result in harm. New Hampshire residents are strongly encouraged to immediately register opposition to SB 290.
CURRENT LAW
NH’s RSA 644:8 lists criminal behaviors that warrant animal abuse charges, including but not limited to negligently or purposely beating, cruelly whipping, torturing, mutilating or in any other manner mistreating or causing to be mistreated any domestic animal, household pet, or wild animal in captivity.
SB 290’S NOVEL AND EXPANSIVE DEFINITION OF TORTURE
According to the Merriam Webster Dictionary, the verb “torture” means to cause intense suffering, to punish or coerce by inflicting excruciating pain, or to twist or wrench out of shape. The key element of this common definition is some form of “intent,” evidenced by a deliberate purpose or wanton, reckless disregard.
Instead, SB 290 would describe an act of “torture,” for purposes of bringing animal cruelty charges, as “any negligent or purposeful act or omission that causes intensive or prolonged pain or suffering, causes serious physical injury, or causes the death of an animal due to such negligent or purposeful act or omission.”
AKC OPPOSES SB 290 AS CURRENTLY WORDED
AKC abhors animal cruelty and strongly supports enforcement of federal and state cruelty statutes. However, AKC opposes SB 290 as currently worded because, although it may be well intentioned, adopting a novel and expansive definition (that differs from the common understanding of serious intentional acts constituting torture) could result in inappropriate criminal charges for taking, or not taking, actions that unintentionally result in harm.
WHAT YOU CAN DO: New Hampshire residents are strongly encouraged to immediately register your opposition and consider sharing the following points:
- NH animals are protected from torture because it is punishable under current law.
- When caring for or working with animals, not every humane act or omission prevents harm, injury, suffering, or death.
- People who support the “animal rights movement” oppose most forms of animal husbandry and could use this novel definition of “torture” to have a chilling effect on the use and breeding of animals to provide food, fiber, entertainment and company.
HOW TO REGISTER YOUR OPPOSITION:
- Email committee members using “Oppose SB 290” in your email subject line.
- In your email, identify what city/town you’re emailing from.
- Send your email to all members of the committee by clicking this link to the Senate Standing Committees and scrolling down to “Judiciary”. When you click on “Email Entire Committee” an email should open with each member’s email pre-loaded.
- You may register your opposition on the New Hampshire General Court’s website available here. Select the February 18 hearing date. Using the drop-down menus, select the Senate Judiciary Committee and 1:20PM SB 290 in order to register your opposition to the bill. The sign-in sheet will close for purposes of registering your opinion at 11:59 p.m. the day of the hearing.
- You may speak in person at the February 18, 2025, Senate Committee hearing in Room 100 of the State House, 107 North Main Street, Concord, New Hampshire 03301. Sign in to testify when you arrive. The hearing on SB 290 starts at 1:20PM.
For more information on these or other legislative issues in New Hampshire, contact AKC’s Government Relations Department at 919-816-3720 or doglaw@akc.org; or the Dog Owners of the Granite State at dogs.nh@gmail.com.