This is the fourth article of a five-part series on animal cruelty laws in Minnesota. This article will discuss the State v. Gerard decision and examine the impact the decision may have on the “unjustifiable” standard.
While the court of appeals has rendered several decisions giving the lower courts insight on how “unjustifiable” standard in Minnesota Statutes section 343.20, subd. 3 should be applied, State v. Gerard is important because it is the first published opinion on the issue of what constitutes an “unjustifiable” act under Minnesota’s animal cruelty statute. Given this, Gerard provides a starting point for creating a useable test for determining whether a defendant’s actions were unjustified.

In this third article of a five-part series on animal cruelty, we will learn what is considered an “unjustified” action in Minnesota.
To prove animal torture or cruelty, the State must provide evidence that shows beyond a reasonable doubt the defendant’s act, omission or neglect caused or permitted unnecessary or unjustifiable pain, suffering, or death to an animal. Because the act, omission or neglect must have been “unjustifiable” many defendants argue as a defense that their act, which harmed or killed an animal, was justified. The court has not developed a clear standard regarding what constitutes an “unjustifiable” action but has discussed the standard in a number of unpublished cases.

First, in State v. Weber, the Minnesota Court of Appeals resolved the issue of whether the word “unjustified” was unconstitutionally vague. In this case, two neighboring families had a contentious relationship with one another. On the day of the incident, a dog belonging to the Dohrmann family crossed onto property belonging to the Weber family, and allegedly damaged insulation under a mobile home. When the dog approached Mr. Weber, he took out a gun and shot the dog. Mr. Weber’s primary defense was that his actions were justified because the Sheriff told him he could shoot the dog if it was on his property. The Sheriff denied this accusation in his testimony, and Mr. Weber was convicted with unjustly killing the dog under Minnesota Statutes section 343.21.