New law could impact shark-dragging case

It’s the video that went viral and created a wave of outrage: Footage of a shark being dragged from a speeding boat.  

Three of the boaters were facing animal cruelty charges until this week.  Prosecutors dropped all charges against Spencer Heintz. 

"What I can tell you is that Mr. Heintz had nothing to do with the dragging of that shark,” explained his attorney, Paul Sisco.

But the two others are still on the hook, legally.  And a new law on the books could affect animal cruelty cases like this one.  It’s called Ponce's Law, named after a 9-month-old puppy beaten to death in the town of Ponce Inlet.

The legislation stiffens the penalty for those convicted of animal abuse.  

Attorney Anthony Rickman, who reviewed the new law, says judges will now have more leeway to send criminals to jail, "which puts a potential animal abuser much closer to a mandatory prison sentence," said Rickman.

It also prevents a convicted animal abuser from owning a pet in the future.  "If the law applies retroactively this judge could prevent them from owning pets or animals or other restrictions the court deems fit," continued Rickman.  

It's unclear how this shark-dragging case will shake out, but if defendants Wenzel and Benac are convicted of animal cruelty, prosecutors could push to apply Ponce's Law to their sentences.

But, Rickman says, the defense will put up a big fight. "There's going to be argument that it doesn't apply.”

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