Skin and Bones: When Skipping Meals Becomes a Felony

By: John Guidry

We criminal defense attorneys see lots of unpopular cases, one of which is cruelty to animals. I’ve seen Orlando animal cruelty charges receive stiffer sentences than child abuse cases.

• The Reality: It is a fact that we Americans love our pets (especially puppies—who doesn’t love puppies?). Some of our pets eat better than people living in third-world countries.

The Question: When a dog is not fed properly, is this a Misdemeanor or a Felony?

• The Misdemeanor (F.S. 828.12(1)): It is a misdemeanor to “unnecessarily deprive a dog of necessary sustenance.”
• The Felony (F.S. 828.12(2)): It is a felony to “intentionally commit an act which results in excessive or repeated infliction of unnecessary pain or suffering.”

So, where do undernourishment cases fall?

Are you facing animal cruelty charges for a situation that got out of hand?

The distinction between neglect and abuse is critical. Call John today at (407) 423-1117.

The Case: State v. Morival (The “Skin and Bones” Standard)

Lucky for us, the Second District Court of Appeal addressed this issue in State v. Morival, 75 So. 3d 810 (Fla. 2d DCA 2011).

The Facts: Animal service workers found two dogs caged inside Mr. Morival’s apartment.

• The Condition: They were severely undernourished, described as “skin and bones.”
• The Defense: Morival cited financial issues. His attorney filed for dismissal, arguing that failing to feed a dog is merely a misdemeanor under Subsection (1). The trial court agreed and dismissed the felony charges.

The Ruling: The Appeals Court overturned the dismissal and reinstated the Felony charges.

• The Logic: The Court distinguished between:
  1. Short-Term Neglect (Misdemeanor): Failing to provide food for a few days (e.g., going on vacation and forgetting to arrange care). This is depriving sustenance.
  2. Long-Term Starvation (Felony): Feeding a dog so little that it loses a high percentage of body weight over an extended period. This constitutes “repeated infliction of unnecessary pain,” which is a felony.

John’s 2026 Update: Dexter’s Law & The Registry

Note: In 2011, Morival faced prison. In 2026, he would face prison AND a permanent public shaming.

1. The “Animal Abuser Registry” (Effective Jan 1, 2026) Just days ago, a new law known as “Dexter’s Law” went into effect.

• The Database: The Florida Department of Law Enforcement (FDLE) now maintains a searchable public database of individuals convicted of animal cruelty.
• The Impact: Just like the Sex Offender Registry, your name and photo will be listed online. This makes finding housing, employment, or even dating incredibly difficult.

2. “Ponce’s Law” (Prison is Now Likely) Since the Morival case, Florida passed “Ponce’s Law” (2018).

• Severity Level: It raised the offense severity of Aggravated Animal Cruelty from Level 3 to Level 5.
• The Math: This increase adds significantly more points to your Criminal Punishment Code scoresheet, making a prison sentence much more likely, even for a first offense.

3. Ownership Bans In the past, judges could ban ownership. Now, it is standard practice.

• The Rule: If convicted, the court can prohibit you from owning or living with animals for a set period (often indefinitely). If you are caught petting a dog while on probation, you go to jail.

Neglect vs. Cruelty

There is a fine line between a struggling pet owner and a criminal. We know how to present the evidence to show that a lack of resources is not the same as malicious intent.

Call me at (407) 423-1117. Let’s keep you off the Registry.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.