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Georgia

West's Code of Georgia Annotated Currentness. Title 16. Crimes and Offenses. Chapter 12. Offenses Against Public Health and Morals. Article 2. Gambling and Related Offenses. Part 1. Gambling. § 16-12-37. Dogfighting.

Statute Details
Printable Version
Citation: GA ST § 16-12-37

Citation: Ga. Code Ann., § 16-12-37


Summary:  

Georgia's dogfighting statute states that any person who owns, possesses, trains, transports, or sells any dog with the intent that such dog shall be engaged in fighting with another dog, wagers money or anything of value on the result of such dogfighting, knowingly permits dogfighting on his or her premises, knowingly promotes or advertises an exhibition of fighting commits the offense of dogfighting. Violation of the law is a felony, with a mandatory fine of $5,000.00 or a mandatory fine of $5,000.00 in addition to imprisonment for not less than one year nor more than five years. On a second or subsequent conviction, such person shall be punished by imprisonment of not less than one nor more than ten years, a fine of not less than $15,000.00, or both such fine and imprisonment. Any person who is knowingly present only as a spectator at any place for the fighting of dogs shall, upon a first conviction thereof, be guilty of a misdemeanor of a high and aggravated nature.  



Statute in Full:

2008 Georgia Laws Act 408 (H.B. 301)

GEORGIA 2008 SESSION LAWS
2008 REGULAR SESSION
Additions are indicated by Text; deletions by
Text.
Vetoed provisions within tabular material are not displayed.
Act 408
H.B. No. 301
ANIMALS--CRIMES AND OFFENSES--DOGS


AN ACT To amend Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling offenses, so as to change certain provisions relating to dogfighting; to prohibit dogfighting and related conduct; to provide for punishments; to define a term; to provide for applicability; to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to change certain provisions relating to definitions relative to Chapter 8 of said title; to change certain provisions relating to caring for an impounded animal; to change certain provisions relating to failure to respond, right to hearing, care, and crime exception; to change certain provisions relating to filing a report regarding animal cruelty and immunity; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I

 

SECTION 1-1.


Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling offenses, is amended by revising Code Section 16-12-37, relating to dogfighting, as follows:

<< GA ST § 16-12-37 >>


"16-12-37.

(a) A person commits the offense of dogfighting when he causes or allows a dog to fight another dog for sport or gaming purposes or maintains or operates any event at which dogs are allowed or encouraged to fight one another.
(b) A person convicted of the offense of dogfighting shall be punished by a mandatory fine of $5,000.00 or by a mandatory fine of $5,000.00 and imprisonment for not less than one year nor more than five years.
(a) As used in this Code section, the term 'dog' means any domestic canine.
(b) Any person who:
(1) Owns, possesses, trains, transports, or sells any dog with the intent that such dog shall be engaged in fighting with another dog;
(2) For amusement or gain, causes any dog to fight with another dog or for amusement or gain, causes any dogs to injure each other;
(3) Wagers money or anything of value on the result of such dogfighting;
(4) Knowingly permits any act in violation of paragraph (1) or (2) of this subsection on any premises under the ownership or control of such person or knowingly aids or abets any such act; or
(5) Knowingly promotes or advertises an exhibition of fighting with another
dog
shall be guilty of a felony and, upon the first conviction thereof, shall be punished by imprisonment of not less than one nor more than five years, a fine of not less than $5,000.00, or both such fine and imprisonment. On a second or subsequent conviction, such person shall be punished by imprisonment of not less than one nor more than ten years, a fine of not less than $15,000.00, or both such fine and imprisonment. Each act or omission in violation of this subsection shall constitute a separate offense.
(c) Any person who is knowingly present only as a spectator at any place for the fighting of dogs shall, upon a first conviction thereof, be guilty of a misdemeanor of a high and aggravated nature. On a second conviction, such person shall be guilty of a felony and shall be punished by imprisonment of not less than one nor more than five years, a fine of not less than $5,000.00, or both such fine and imprisonment. On a third or subsequent conviction, such person shall be punished by imprisonment of not less than one nor more than ten years, a fine of not less than $15,000.00, or both such fine and imprisonment. Each act in violation of this subsection shall constitute a separate offense.
(d) Any dog subject to fighting may be impounded pursuant to the provisions of Code Sections 4-11-9.2 through 4-11-9.6.
(e) This Code section shall not prohibit, impede, or otherwise interfere with
animal husbandry, training techniques, competition, events, shows, or practices not otherwise specifically prohibited by law and shall not apply to the following activities:
(1) Owning, using, breeding, training, or equipping any animal to pursue, take, hunt, or recover wildlife or any animal lawfully hunted under Title 27 or participating in hunting or fishing in accordance with the provisions of Title 27 and rules and regulations promulgated pursuant thereto as such rules and regulations existed on the date specified in Code Section 27-1-39;
(2) Owning, using, breeding, training, or equipping dogs to work livestock for agricultural purposes in accordance with the rules and regulations of the Commissioner of Agriculture as such rules and regulations existed on January 1, 2008;
(3) Owning, using, breeding, training, or equipping dogs for law enforcement purposes; or
(4) Owning, using, breeding, training, or equipping any animal to control damage from nuisance or pest species in and around structures or agricultural operations.
"

PART III



 

SECTION 3-1.


This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3-2.


All laws and parts of laws in conflict with this Act are repealed.

Approved May 6, 2008

GA LEGIS 408 (2008)

Former Text:

(a) A person commits the offense of dogfighting when he causes or allows a dog to fight another dog for sport or gaming purposes or maintains or operates any event at which dogs are allowed or encouraged to fight one another.

(b) A person convicted of the offense of dogfighting shall be punished by a mandatory fine of $5,000.00 or by a mandatory fine of $5,000.00 and imprisonment for not less than one year nor more than five years.

Laws 1982, p. 2214, § 1; Laws 1982, p. 2214, § 2; Laws 1983, p. 3, § 13.

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