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The torture that defendant and codefendant Chaffin inflicted on these bred mice and rats was no less than murder. [84 Cal. App. 4th 1070] In this case, defendants were charged with causing the death of the animals by crushing their skulls, striking their necks with the heel of their shoes, crushing their heads or causing them to be disemboweled. In this case, the animals are specifically unavailable to Section 599c, unless they fall within its exception. It is a violation of Penal Code Section 599c to intentionally and maliciously crush an animal, or crush a mouse or rat intended for food or the purposes of commercial gain when such an act causes death, disfigurement, serious disfigurement, or mutilation of the flesh.
The above facts show defendant was charged with and convicted of the moral turpitude crime of cruelty to animals. The act of cruelty to animals is so distinguished by community feeling that the Legislature has made it a violation of Penal Code Section 599c, irrespective of the intent. [At first blush this part of the opinion appears to contradict what we said in Huff v. State Board of Equalization. If you look closely at what we are saying here, it is not at all inconsistent. There we were concerned with a violation due to the lack of intent. We did not make a blanket statement concerning anything different than that which we told the court was a violation of section 599c. We were merely pointing out that, although the victim is an animal, one could be charged with a violation of section 599c and the failure to prove an act was committed with the requisite intent would be fatal. In this case, though, we are talking about cruelty made with an actual intent to commit a crime-a crime for which the act of cruelty itself is objectionable and, in itself, a crime; in this particular case it is a moral turpitude crime, for which the Legislature has made a violation of the law even if the act of cruelty is not accompanied by an intent to do any cognizable evil-in this case cruelty to animals. d2c66b5586