Alvarado

Although I agree with the result reached by the majority, I write separately because I disagree with the majority’s conclusion that a Penal Code section 597, subdivision (a) offense is a general intent crime. (All statutory references are to the Penal Code.) Section 597, subdivision (a) originally made it a crime to “maliciously” maim, mutilate, torture, wound or kill a living animal. In applying this statute, the courts deemed “malice” to refer to the intent to do a wrongful act. (People v. Dunn (1974) 39 Cal.App.3d 418, 420-421 [ 114 Cal.Rptr. 164 ]; see Ex parte Mauch (1901) 134 Cal. 500, 501 [ 66 P. 734 ] [criminal complaint charging the defendant with willful and unlawful cruelty was sufficient to allege malice].) In 1986, the Legislature amended section 597, subdivision (a) to specify that the offender must “maliciously and intentionally” maim, mutilate, torture, wound or kill a living animal. (Stats. 1986, ch. 846, § 1, p. 2894.)

Generally, the concept of “intentional” or “willful” conduct does not imply an evil intent but rather means the person “ ‘knows what he is doing, intends to do what he is doing and is a free agent.’ ” (People v. Atkins (2001) 25 Cal.4th 76, 85 […

The issue presented in this case is one of first impression: Is the crime of animal cruelty, as defined in Penal Code section 597, subdivision (a), 1 a general or specific intent crime? We conclude, based upon the language of the statute, relevant California authority, and persuasive out-of-state authority, that section 597, subdivision (a) describes a general intent crime.

FACTUAL AND PROCEDURAL BACKGROUND

In December 2002 Manuel Alvarado lived with his girlfriend, Mary Duarte, and her brother, Gregory Ballew, in a small studio apartment located on an estate in Fallbrook owned by Roy Johnson. Because Alvarado did various work projects at the estate, Johnson did not charge them rent for the apartment. Alvarado and Duarte had two dogs, a three-year-old Dalmatian named Pyro and a seven-month-old Chow-Labrador mix named Gizmo, and Ballew had a Pekinese named Dixie, all of which also lived in the apartment.

On December 6, 2002, Alvarado and Ballew were at the apartment while Duarte was at work. During the day, the men split an 18-pack of beer. That evening, they went to a bar in Rainbow, a nearby town, and drank a pitcher of beer. After the bartender refused to serve…

NARES, Acting P.J.

The issue presented in this case is one of first impression: Is the crime of animal cruelty, as defined in Penal Code section 597, subdivision (a), [1] a general or specific intent crime? We conclude, based upon the language of the statute, relevant California authority, and persuasive out-of-state authority, that section 597, subdivision (a) describes a general intent crime.

In December 2002 Manuel Alvarado lived with his girlfriend, Mary Duarte, and her brother, Gregory Ballew, in a small studio apartment located on an estate in Fallbrook owned by Roy Johnson. Because Alvarado did various work projects at the estate, Johnson did not charge them rent for the apartment. Alvarado and Duarte had two dogs, a three-year-old Dalmatian named Pyro and a seven-month-old Chow-Labrador mix named Gizmo, and Ballew had a Pekinese named Dixie, all of which also lived in the apartment.

On December 6, 2002, Alvarado and Ballew were at the apartment while Duarte was at work. During the day, the men split an 18-pack of beer. That evening, they went to a bar in Rainbow, a nearby town, and drank a pitcher of beer. After the bartender refused to serve Alvarado any more alcohol,…