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Texas

Vernon's Texas Statutes and Codes Annotated. Penal Code. Title 9. Offenses Against Public Order and Decency. Chapter 42. Disorderly Conduct and Related Offenses. 42.10. Dog Fighting.

Statute Details
Printable Version
Citation: V. T. C. A., Penal Code 42.10

Citation: TX PENAL 42.10


Last Checked by Web Center Staff: 11/2013

Summary:  

Texas criminal statute that prohibits dog fighting. Actions ranging from causing a dog to fight with another to attending a dog fight as a spectator are prohibited. To constitute an offense, one must demonstrate the requisite intent of intentionally or knowingly. 



Statute in Full:

(a) A person commits an offense if the person intentionally or knowingly:

(1) causes a dog to fight with another dog;

(2) participates in the earnings of or operates a facility used for dog fighting;

(3) uses or permits another to use any real estate, building, room, tent, arena, or other property for dog fighting;

(4) owns or possesses dog-fighting equipment with the intent that the equipment be used to train a dog for dog fighting or in furtherance of dog fighting;

(5) owns or trains a dog with the intent that the dog be used in an exhibition of dog fighting; or

(6) attends as a spectator an exhibition of dog fighting.

(b) In this section:

(1) “Dog fighting” means any situation in which one dog attacks or fights with another dog.

(2) “Dog-fighting equipment” has the meaning assigned by Article 18.18(g), Code of Criminal Procedure.

(c) A conviction under Subsection (a)(2) or (3) may be had upon the uncorroborated testimony of a party to the offense.

(d) It is a defense to prosecution under Subsection (a)(1) that the actor caused a dog to fight with another dog to protect livestock, other property, or a person from the other dog, and for no other purpose.

(e) An offense under Subsection (a)(4), (5), or (6) is a Class A misdemeanor. An offense under Subsection (a)(1), (2), or (3) is a state jail felony.

CREDIT(S)

Added by Acts 1983, 68th Leg., p. 1610, ch. 305, § 1, eff. Sept. 1, 1983. Renumbered from V.T.C.A., Penal Code § 42.111 and amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 2007, 80th Leg., ch. 644, § 1, eff. Sept. 1, 2007; Acts 2009, 81st Leg., ch. 1357, § 1, eff. Sept. 1, 2009.


HISTORICAL AND STATUTORY NOTES

2009 Legislation

Acts 2009, 81st Leg., ch. 1357 in subsec. (a), in the introductory phrase substituted “the person” for “he”, inserted subd. (4), and redesignated former subds. (4) and (5) as subds. (5) and (6), respectively; rewrote subsec. (b); and, in subsec. (e), substituted “(4), (5), or (6)” for “(4) or (5)”. Prior to amendment, subsec. (b) read:

”In this section, “dog fighting” means any situation in which one dog attacks or fights with another dog.”

Section 5 of Acts 2009, 81st Leg., ch. 1357 provides:

“The changes in law made by this Act apply only to an offense committed on or after the effective date [Sept. 1, 2009] of this Act or to the forfeiture of property used in the commission of that offense. An offense committed before the effective date of this Act, or the forfeiture of property used in the commission of that offense, is governed by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.”

 



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