A lady at the SD Attorney Generals office is trying to tell me that I am interpreting the law differently concerning legal euthanasia of animals. Office Magee is claiming he killed Duke for humane reasons. Stating Duke was mangy looking and flea and tick infested(all lies). But even so, SDCL 40-1-13 clearly states that an animal has to be injured or diseased past recovery. It reads as follows: 40-1-13. Euthanasia of fatally injured or diseased animal--Notice to euthanize--Violation as misdemeanor. Any animal injured or diseased past recovery shall be euthanize within twelve hours in a manner prescribed in rule by the board, by the owner or person in possession of the animal, after having been notified by any law enforcement officer, any agent or officer of any humane society, or any agent of the board to euthanize the animal. A violation of this section is a Class 1 misdemeanor Now I am not an idiot, I understand that this law is stating that it is a violation NOT to euthanize an animal that is injured or diseased past recovery. But I am also smart enough to understand that the statue is also listing the criteria to be met before you can just shoot and kill an animal. Injured or diseased past recovery is the criteria to be met. A SD Administrative Rule states as much. (9) Procedures and criteria for the euthanasia of animals pursuant to § 40-1-13 So, even though officer Magee did not break the law 40-1-13, he did break the following laws because he killed an animal that simply did not meet the criteria for legal euthanasia, so the legal euthanasia exception, no longer exist for Officer Magee. In my opinion, Officer Magee is guilty of breaking the following laws 40-1-21. Killing, injuring, or mistreating animal of another as misdemeanor--Authorized euthanasia excepted. No person may intentionally kill any animal of any age or value, the property of another, nor intentionally injure or mistreat any such animal. A violation of this section is a Class 1 misdemeanor. This section may not be construed to prevent euthanasia by a licensed veterinarian with proper authority from the animal's owner nor may it prevent acts of euthanasia authorized by this chapter. This section may not be construed to prohibit euthanasia conducted by the municipality or under a municipality's animal control activities. This section may not be construed to prohibit activities conducted under chapter 40-34 40-1-2.4. Cruelty to animals--Felony. No person may subject an animal to cruelty. A violation of this section is a Class 6 felony. 40-1-2.3. Neglect, abandonment, or mistreatment of animal--Misdemeanor. No person owning or responsible for the care of an animal may neglect, abandon, or mistreat the animal. A violation of this section is a Class 1 misdemeanor. 34-16-17. Failure to dispose of dead animal as petty offense. Whenever the owner and the person in charge of any unburied dead animal shall fail to burn or bury or cause the same to be burned or buried, or otherwise dispose of such body or cause the same to be buried in accordance with laws, rules, and regulations as required by §§ 34-16-14 to 34-16-16 And many more.