[dogbert]

Here is what she could get:

Bauck: Miscellaneous questions

1. What are the specific counts and statutes?
Kathy Jo Bauck was found guilty of the following:

Count 3 (torture) 343.21 sub. 1
Count 5 (torture) 343.21 sub. 1
Count 6 (torture) 343.21 sub. 1
Count 4 (animal cruelty) 343.21 sub. 7

2. Is the undercover video of Pick Of The Litter available to be viewed?
Yes. Go to Pick Of The Litter: Undercover video


3. Where can I learn more about the Bauck case and trial?
The Animal Folks MN website has a profile of this breeder/case. Go to News: Bauck. You can also go directly to the Companion Animal Protection (CAPS) website to review court documents and previous investigations.


4. What type of sentencing could this breeder get?
Bauck was found guilty on four misdemeanors. A misdemeanor is up to 90 days in jail per each count and/or up to a fine of $1,000 per each count. However, under MN law 609.15, the court can specify if a sentence shall run concurrently or consecutively. Per 609.15, "if the court specifies the sentence shall run consecutively and all of the sentences are for misdemeanors, the total of the sentences shall not exceed one year."


5. Is Pick Of The Litter still operating?
Yes. Dogs continue to be bred and sold from this kennel. Animals from this facility have been delivered to a dog auction in Ohio. Also, per health certificates filed, puppies have been sold and shipped in the past three months to businesses across the United States, including locations such as:

Fresno, Ohio
Williamsburg, Indiana
Middletown, New York
Sufferyn, New York
Millersville, Maryland
Newington, New Hampshire
Orlando, Florida
Sanford, Florida
Queensbury, New York
West Hartford, Connecticut

6. Didn't the court order a humane society to inspect the facility?
No. At the time of the verdict, Judge Senyk ordered that the USDA and the appropriate humane society be notified of the verdict. The State made the request to the court that inspections be allowed. The court also has the ability to place restrictions, as indicated in subd. 10 of Minn. Stat. 343.21:


If a person is convicted of violating this section, the court shall require that pet or companion animals that have not been seized by a peace officer or agent and are in the custody or control of the person must be turned over to a peace officer or other appropriate officer or agent unless the court determines that the person is able and fit to provide adequately for an animal. If the evidence indicates lack of proper and reasonable care of an animal, the burden is on the person to affirmatively demonstrate by clear and convincing evidence that the person is able and fit to have custody of and provide adequately for an animal. The court may limit the person's further possession or custody of pet or companion animals, and may impose other conditions the court considers appropriate, including, but not limited to:
(1) imposing a probation period during which the person may not have ownership, custody, or control of a pet or companion animal;
(2) requiring periodic visits of the person by an animal control officer or agent appointed pursuant to section 343.01, subdivision 1;
(3) requiring performance by the person of community service; and
(4) requiring the person to receive psychological, behavioral, or other counseling.


Minnesota has no State laws that regulate the dog and cat breeders; therefore, no State agency has been granted the authority to inspect breeding kennels. S.F. 7/ H.F. 253 is a regulatory bill, which would give the State that authority.