What did Idaho's AG say about the 2011 ballot initiative making animal torture a felony?
Plain-English summary
A petition filed with Secretary of State Ben Ysursa on April 29, 2011, would have amended Title 25, Chapter 35 of the Idaho Code (the Cruelty to Animals law) to add felony penalties for animal torture. The proposal would amend section 25-3502 to define "torture," update penalty references in section 25-3504, and raise misdemeanor fines while adding felony penalties under section 25-3520A for third and subsequent violations and for any intentional torture of an animal.
Unlike many initiative reviews that flag ballot title problems, Attorney General Lawrence Wasden's certificate found the petitioner-drafted short and long ballot titles appropriate under Idaho Code § 34-1809(2). The titles fairly described the substantive changes without argumentative language.
Currency note
This opinion was issued in 2011. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Background and statutory framework
Idaho's animal cruelty law sits at Title 25, Chapter 35. At the time of this certificate, the chapter classified most cruelty offenses as misdemeanors. The proposed initiative would have moved Idaho closer to the national trend of treating intentional animal torture as a felony, with stepped-up consequences for repeat offenders.
The certificate-of-review process under Idaho Code § 34-1809 requires the AG's office to review the petition for legal form and to either accept or revise the petitioner's proposed ballot titles. Section 34-1809(2) requires titles that "impartially and succinctly state the purpose of the measure without being argumentative and without creating prejudice for or against the measure." Wasden's brief approval of the petitioner's titles signaled they met that standard without revision.
Common questions
Q: Did this initiative reach the ballot?
A: The certificate is silent on later progress. Idaho did not enact statewide felony animal-torture penalties through this petition. Subsequent legislative changes have updated the cruelty-to-animals chapter; readers researching current Idaho animal cruelty law should consult Title 25, Chapter 35 as currently codified.
Q: What did the petition's "torture" definition cover?
A: The petition's definition would have been added to section 25-3502. The certificate doesn't quote the proposed definition; researchers should look at the original PDF for the proposed statutory text.
Q: Why are AG ballot title approvals brief like this?
A: When a petition's substance is straightforward and the petitioner's proposed titles fairly describe the proposal, the AG has nothing to add. The longer certificates of review come from petitions with constitutional vulnerabilities or technical drafting problems.
Citations and references
Statutes:
- Idaho Code § 34-1809 (initiative review)
- Idaho Code § 34-1809(2) (ballot title standards)
- Idaho Code §§ 25-3502, 25-3504, 25-3520A (Cruelty to Animals law)
Source
- Landing page: https://www.ag.idaho.gov/office-resources/opinions/
- Original PDF: https://ag.idaho.gov/content/uploads/2018/04/C051311.pdf
Original opinion text
STATE OF IDAHO
OFFICE OF THE ATIORNEY GENERAL
LAWRENCE G. WASDEN
May 13,2011
The Honorable Ben Ysursa
Idaho Secretary of State
VIA HAND DELIVERY
Re:
Certificate of Review
Proposed Initiative to Make Torture of Animals a Felony
Dear Secretary of State Ysursa:
An initiative petition was filed with your office on April 29, 2011. Pursuant to
Idaho Code § 34-1809, this office has reviewed the petition and has prepared the
following advisory comments. Given the strict statutory timeframe within which this
office must review the petition, our review can only isolate areas of concern and cannot
provide in-depth analysis of each issue that may present problems. Further, under the
review statute, the Attorney General's recommendations are "advisory only." The
petitioners are free to "accept or reject them in whole or in part." Due to the available
resources and limited time for performing the reviews, we did not communicate directly
with the petitioner as part of the review process. The opinions expressed in this review
are only those that may affect the legality of the initiative. This office offers no opinion
with regard to the policy issues raised by the proposed initiative.
BALLOT TITLE
The petition contains the following short ballot title:
Initiative amending Chapter 35, Title 25, Idaho Code, Animal Care
law, to add felony penalties for repeat violations and torture.
The petition contains the following long title:
Initiative amending section 25-3502, Idaho Code, to include
definition of "torture"; to amend section 25-3504, Idaho Code, to change
references for penalty classifications; and to amend section 25-3520A,
Idaho Code, to increase fines for misdemeanor violations, and to add
P.O. Box 83720, Boise, Idaho 83720-0010
Telephone: (208) 334-2400, FAX: (208) 854-8071
Located at 700 W. Jefferson Street, Suite 210
felony penalties for third and subsequent violations, and for any violations
that include the intentional torture of an animal.
These titles are appropriate under Idaho Code § 34-1809(2).
MATTERS OF SUBSTANTIVE IMPORT
A.
Summary of the Initiative
The Initiative amends the Cruelty to Animals chapter of Title 25 of the Idaho
Code to increase the fine applicable to misdemeanor violations of that law and to add
felony provisions for repeat offenders or those who torture animals. Specifically, the
Initiative amends the definitions section, Idaho Code § 25-3502, to delete "torture" from
the definition of "cruelty" and adds a definition for the word "torture." Second, it .
amends the section creating a crime, Idaho Code § 25-3504, by deleting language that
violation of that section is a misdemeanor and adding torture as grounds for allowing law
enforcement to seize an animal (in addition to cruelty). Third, it amends the penalty
section, Idaho Code § 25-3520A, to state that first and second offenses are
misdemeanors; changes the fine for a first-time offense from $100 to $400; changes the
minimum fine for a second offense from $200 to $600, and makes a third offense or a
violation that includes intentional torture a felony punishable by a prison sentence of
between six months and three years and a fine of up to $9,000. Finally, it includes a
severability clause.
B.
Legal Effect of the Initiative, if Enacted
The Initiative, if enacted, would succeed in its apparent purpose. It would
increase the fine for a first or second offense and would elevate third offenses to felony
status. It would also create a new felony for torture of an animal. Specifically, the statute
is constructed such that torture is in the nature of a penalty enhancement rather than part
of the crime itself. A jury would have to find the underlying crime of cruelty to an
animal, with the aggravating element of intentional torture. Although the lower limit of
the penalty for the felony (six months in prison) is more consistent with a misdemeanor,
we are unaware of any limitation on the ability of an initiative to set a felony punishment
at six months to three years.
C.
Recommended Revisions or Alterations
No substantive revisions or alterations are suggested. As a matter of form,
"Section 5" should be amended to read "Section 4," because there is currently no Section
4.
CERTIFICATION
I HEREBY CERTIFY that the enclosed measure has been reviewed for form, .
style, and matters of substantive import. The recommendations set forth above have been
communicated to Petitioner via a copy of this Certificate of Review, deposited in the U.S.
Mail to Virginia Hemingway, 3906 S. Yorktown Way, Boise, Idaho 83706.
Sincerely,
LAWRENCE G. WASDEN
Attorney General
Analysis by:
KENNETH K. JORGENSEN
Deputy Attorney General