Tomi Lahren, a Fox News contributor, is in hot water, and it’s not for making controversial statements about politics. Instead, People for the Ethical Treatment of Animals (PETA) is upset with Lahren after she said she kicks her dog. But, did she actually commit a crime by kicking her dog? The answer, as it always seems to be when it comes to the law, is maybe.

How Did It Come About That Lahren Kicks Her Dog?

PETA’s concern and condemnation of Lahren’s actions toward her dog came about after an Instagram post. Lahren posted a video of her dog on Instagram saying,

“Why don’t you tell the world what you were doing during my entire Fox & Friends hit. Oh I know, chewing on her damn bone as loud as she possibly could. So I had to kick her about five times during the show.”

After the post, Lahren was criticized on social media by PETA and others. When confronted about the post by a TMZ reporter, Lahren expressed that it was a joke saying, “[a]nyone who knows me knows I love my dog more than anything in the world.”

Did Her Actions Constitute a Crime?

Although there aren’t any federal animal cruelty laws, most states do have statutes addressing animal cruelty. The laws vary from state to state, but they generally prohibit physically hurting an animal. Many states also prohibit neglecting an animal. Kicking a dog could be considered animal cruelty, especially depending on how hard the dog was kicked. But, in Lahren’s incident, there’s no actual proof that she kicked the dog nor is there any indication that the dog was in pain. So, based on the current information available, it’s unlikely that Lahren would be charged with a crime.

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