There are 14 states – Arizona, California, Illinois, Maine, Maryland, Minnesota, Nevada, New Hampshire, New Jersey, New York, North Dakota, South Dakota, Vermont and West Virginia, that currently have statutes “that specifically prohibit leaving an animal in confined vehicle“.California: Cal. Penal Code § 597.7 : Leave or confine an animal in any unattended motor vehicle under conditions that endanger the health or well-being of an animal due to heat, cold, lack of adequate ventilation, or lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.
First conviction: fine not exceeding $100 per animal.
If the animal suffers great bodily injury, a fine not exceeding $500, imprisonment in a county jail not exceeding 6 months, or by both.
So in this case, with the Dog having died because it was left in the car unattended, the owner, having lost his dog, could actually be put in jail for 6 months.
The statute enumerates certain conditions that "endanger the health or well-being": temperature, lack of air, food, or water 'or other circumstances that could reasonably be expected to cause' harm.
Just leaving your dog in the car, without knowledge of any dangerous circumstances, other than that somebody MIGHT steal your car and then abandon the dog, is not contemplated by the statute. Third-party criminal conduct is generally an intervening cause.
The answer would be no in this case. The DA would have to provide evidence the owner intentionally left the dog unattended when it either too hot, cold, not ventilated, or left without food or water. Nothing could be proved in this case.
However the car thief could be convicted in this situation. There is a case in the LA area where the car thief is being charged with animal abuse.
Some dingbat left her dog in the car this summer and my wife called the cops. Before she got off the phone the woman showed up. My wife called her a stupid bitch.