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FN 4. The hierarchical cruelty to animals statute is administered by the California Department of Fish and Game, which during the pertinent time periods prohibited wild animals that were a public nuisance and wild animals known to be dangerous to life, limb or property from being, sold or transported for the purpose of sale. The Animal Rights Act amendments, enacted in 1978, allowed such an animal to be sold but requires the seller to comply with certain procedures before the sale. One such procedure is to notify the local zoning authority in writing within 30 days of the sale of the animals. The ordinance here was enacted in 1980 and includes a provision dealing with animals known to be dangerous to life or property. Nevertheless, defendant sold the bred animals without complying with the law and without giving notice to the city of Thousand Oaks where the Feed Barn is located.

Fourth, defendant also tortured and maimed the rodents during the course of their manufacture into a productional use. In this context he crushed three baby mice, one of which was still hatching, with the heel of his shoe and then crushed one of the mice to death. He also crushed a rat in half with his bare foot. The mice and rat were not being used for commercial gain but required for the animals' survival. They were, however, killed in the course of defendant's acts. This was torture and maiming.

Fifth, under these facts defendant's conduct is malicious. He knew of no other use for them and their maker was unwilling to sell them for the intended purpose. He [84 Cal. App. 4th 1070] also obtained them for the purpose of breaking them and destroying them for their parts and parts alone. Submission of evidence of defendant's statements and writings indicate he had an intent to inflict severe pain in the minds of others, and did inflict pain when he crushed the baby mice to death or crushed the rat in half. He also intended to sell the animals for the purposes of showing the nature and extent of his cruel impulses. These facts preclude his involuntary manslaughter conviction. d2c66b5586