Mahoning Valley - A case presented to the Ohio Supreme Court looks to clearly define the punishment for abusing animals. 

In “State v. Kyles”, an Ohio man is accused of trapping a kitten in his apartment's basement and pouring bleach on it. Attorneys representing the state argue that act falls under Ohio's law of animal cruelty to a companion which carries a fifth degree felony. 

“The legislature has carved out dogs and cats as deserving of the most protection,” Tasha L. Forchione, representing the state of Ohio, said to the court. 

But lawyers for the man said the cat was a stray, so his client should only be charged with a misdemeanor.

Ohio law defines the difference between a companion and a stray as whether it's been “kept”. During the opening argument for the case, the justices went back and forth on how to define the word since it was too vague. 

”If I have a cat and I put an air tag on it, am I keeping it?” One justice asked. 

“So if a kitten is born in a park and the kitten grows up in the park … and the kitten wanders into an apartment building one day, that now cat is protected as a companion animal?” another justice asked. 

Some local animal rescuers feel the case should have never gone this far. 

“Our laws are not strong enough in Ohio. Yes, there should be higher penalties. Yes, bleaching a cat should be a felony,” Jane MacMurchy of Animal Charity of Ohio told 21 News.  

MacMurchy and Jason Cooke of Healthy Hearts & Paws Project both agree that any cat or dog is always a companion because they’re a domesticated animal. 

“These dogs and cats face terrible acts of cruelty and neglect every day and to minimize their protection based on where they are being kept makes no sense to me,” Cooke said.

If the Ohio Supreme Court rules this is a misdemeanor offense, some local shelters think it will send the wrong message

“You shouldn’t be able to bleach a cat to suffering … that's evil,” MacMurchy said. 

The Ohio Supreme Court did not say when their decision on the case will be made.