Facts: Trapper is in the business of catching nuisance raccoons in a live trap, to be released alive elsewhere. A coon gets caught in the trap. Everything legal so far. But instead of hauling the trap off and releasing the animal, Trapper leaves it in the trap until it starves to death, even after Landowner tells him to come and get it. Is this animal cruelty? Has anyone dealt with cruelty to a captured wild animal?

I think this is Class A cruelty because: The definition of "animal" includes to a wild animal previously captured. Once captured, the animal was in Trapper's custody, so he has a duty to provide necessary food. The trapping/wildlife control exception does not apply because letting the animal starve to death in the trap is not a "generally accepted" use of trapped animals. In fact, state wildlife laws in America typically require that traps be checked frequently and animals removed promptly. The case could be alleged as failure to provide necessary food and/or confine in cruel manner.

Am I wrong? I welcome all observations and thoughts.

With the scenario you gave, it doesn't smell too good (no pun intended) for an offense under PC 42.09. For sake of conversation, you would have to prove up the culpability factor as either "intentionally or knowingly" to satisfy an offense under PC 42.09. As we all know the required "culpability" is part of the "elements of an offense". Based on the information you shared in your post, the sense I got was that the trapper may have been negligent or possibly reckless moreso than "intentional or knowing".

Also, the raccoon starved to death? It takes a little while for a mammal to starve to death--like days??? Crimeny! Doesn't the concept of custody under PC 42.09 transfer to the landowner when he/she found the raccoon on his/her land in a trap alive and failed to provide necessary food, care, shelter???

In the end, if the required culpability is not there, then there is no crime under PC 42.09. Good luck with that one.

Those are very good points, and I have discussed them with the investigator. Thank you.