A Phoenix task force focused on preventing animal cruelty has found what it says are shortcomings in state animal-cruelty laws that have enabled some suspects to avoid prosecution.

The group recently started work on a legislative proposal to close the loopholes -- particularly in cases of cruel neglect and abandonment of animals. Its members say current laws are vague.

Animal cruelty investigation

Phoenix City Council members Michael Nowakowski and Thelda Williams created the 11-member group this year after a tipster found nine dog carcasses in a vacant south Phoenix lot.

Nowakowski and Williams co-chair the task force, and nearly all the other members represent the Phoenix Police Department, city Prosecutor's Office or animal-welfare organizations.

The task force said because of some vague language in Arizona laws that set the standards for what constitutes animal neglect, cruelty and abandonment, prosecutors cannot pursue some cases.

Arizona law

States and the federal government do not track animal-cruelty crimes or convictions, so it is impossible to measure the prevalence of animal-cruelty crimes.

Last year, Phoenix police investigated 298 complaints of animal cruelty and abandonment. The bulk -- 203 cases -- involved abandoned animals, and police couldn't find the owners.

Police dismissed 37 cases after finding no crime. However, they arrested suspects in 38 cases, and city prosecutors took 17 of them to court.

Task-force members believe some of those dismissed cases might have led to convictions if the state had clearer language in its animal-cruelty laws.

The state's primary animal-cruelty statute focuses on general acts of cruelty, neglect and abandonment. It also includes intentional acts that hurt or kill an animal.

Under part of the law, animal neglect and abandonment, including a failure to seek treatment for sick and injured animals, are Class 3 misdemeanors. Convicted offenders face a maximum sentence of 30 days' imprisonment and up to $500 in fines unless the state finds aggravating circumstances -- such as repeated offenses -- that would allow for harsher sentencing. City prosecutors handle the misdemeanor cases in municipal court.

The other portion of the animal-cruelty law focuses on intentional cruel mistreatment that injures or kills the animal. In those cases, animal cruelty is prosecuted as a Class 6 felony, and convicted offenders face a sentence of up to two years in prison and up to $150,000 in fines.

County attorneys prosecute these cases in Superior Court.

Changing the law

Rep. Kate Brophy McGee, R-Phoenix, is leading the Phoenix group's effort to clarify the laws. The group hopes to introduce legislation after the session begins again in January.

She said the group wants to define what constitutes cruel confinement, abandonment, neglect and shelter for an animal; require handlers and owners give their animals potable water as a standard of care; include "torture" as a felony crime in the animal-cruelty statute; and outlaw "horse diving" (having a horse dive into a pool from at least 40 feet above the water).

Phoenix police said they have never encountered a case of horse diving. However, Williams and horse advocates are concerned about potential incidents.

Lastly, the group also wants to consider enhancing current penalties or setting new minimum sentencing requirements and fines.

"Basically, we are combing different statutes in different states for definitions that would allow for appropriate (police and rescuer) intervention," McGee said.

She said the changes should also strengthen city and county attorneys' ability to prosecute.

Arizona Humane Society investigator and task-force member Christopher West encounters loopholes every day.

West said the state's vague legal language hampers authorities' ability to aid and remove animals from dangerous situations -- such as dogs left with unsafe water and animals left outside in 100-plus-degree heat.

For example, the law requires owners to provide adequate shelter, "but right now there is no definition for 'shelter,' " West said. "What is shelter -- a shack, protection from the elements?

"An animal should have the ability to stand up, lie down, stretch his legs in a comfortable manner," West said.

Deputy City Prosecutor John Tutelman said some of the cruelest cases are tied to another crime: domestic violence. The task force may consider harsher penalties in cases where a violent and vengeful partner abuses the person's pet or kills it.

"Those are probably the (cases) that offend prosecutors the most," Tutelman said. "What we are talking about here are people who have a pet that really is a part of their family -- an innocent part of their family -- and to have them subject to abuse the same way someone in a bad relationship is subject to abuse -- it's just tragic for the person who is being abused and for the animal."

Tutelman said the task force has taken on a big job to improve laws to protect animals and the community.

"We're dealing with everyone from people who don't know and are ignorant (in care) -- and we want to educate them -- to people who are intentionally harming animals, people who deserve to be punished for that kind of conduct," he said.