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VA - Fighting - § 3.2-6571. Animal fighting; penalty |
This section makes it unlawful to knowingly promote, prepare, engage in or attend an exhibition of the fighting of animals. The violation becomes a Class 6 felony if: 1) one of the animals is a dog; 2) a device or substance is used to enhance the dog's ability to fight; 3) money or something else of value is wagered; 4) admission is paid; 5) an animal is owned or possessed with the intent to engage in an animal fight; or 6) a person causes a minor to attend or undertake in the activities. An animal used in fighting may be confiscated by law enforcement. Additionally, any person convicted of violating any listed provision shall be prohibited by the court from possession or ownership of companion animals or cocks. |
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Vick, Michael - Associated Materials (2007, 2008) |
The following contains links to the materials associated with Michael Vick's federal and state indictments for dogfighting.
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VT - Cruelty - Consolidated Cruelty Statutes |
This Vermont statutory section contains the amended anti-cruelty and animal fighting laws. Animal cruelty, as defined by § 352, occurs when a person overworks, overloads, tortures, torments, abandons, administers poison to, cruelly beats or mutilates an animal, or deprives an animal which a person owns or possesses of adequate food, water, shelter, rest, sanitation, or necessary medical attention. It is also animal cruelty if one owns, possesses, keeps or trains an animal engaged in an exhibition of fighting. The section excludes scientific research activities, hunting, farming, and veterinary activities among others. |
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WA - Cruelty - Consolidated Cruelty Laws (Chapter 16.52) |
This section of statutes contains Washington's anti-cruelty provisions. Under the section, "animal" means any nonhuman mammal, bird, reptile, or amphibian. Sections 16.52.205 and 16.52.207 are the primary anti-cruelty provisions that categorize cruelty in either the first or second degree. A person is guilty of animal cruelty in the first degree (a class C felony) when he or she intentionally inflicts substantial pain on, causes physical injury to, or kills an animal by a means causing undue suffering, or forces a minor to inflict unnecessary pain, injury, or death on an animal. A person is guilty of animal cruelty in the second degree (a misdemeanor) if, under circumstances not amounting to first degree animal cruelty, the person knowingly, recklessly, or with criminal negligence inflicts unnecessary suffering or pain upon an animal. An owner of an animal is guilty of animal cruelty in the second degree the owner knowingly, recklessly, or with criminal negligence fails to provide the animal with necessary food, water, shelter, rest, sanitation, ventilation, space, or medical attention and the animal suffers unnecessary or unjustifiable physical pain as a result of the failure, or if he or she abandons the animal. |
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Ware v. State |
In this Alabama case, defendant Walter Tyrone Ware was indicted on six counts of owning, possessing, keeping, and/or training a dog for fighting purposes, and one count of possessing a controlled substance. Police were dispatched to defendant's residence after receiving an anonymous tip about alleged dogfighting. Upon arriving, police found a bleeding dog on the ground next to an SUV, a puppy in the SUV, and 22 more pit bull dogs in the backyard. Most of the dogs were very thin or emaciated, and at least two dogs had fresh cuts or puncture wounds. On appeal, defendant claimed that there was no evidence that he had attended a dog fight or hosted one. However, the court observed that Alabama's dogfighting statute does not require such direct evidence; rather, a case was made based on evidence of training equipment, injured dogs, and the dogs' aggressive behavior exhibited at the animal shelter after seizure.
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White v. U.S. |
The Plaintiff-Appellants are citizens (show bird breeders, feed store owners, and game bird judges) who allege that the AWA amendments to § 2156 concerning animal fighting ventures have caused them various individual and collective injuries. The plaintiffs-appellants allege that these provisions are unconstitutional insofar as they constitute a bill of attainder; violate the principles of federalism contained in, inter alia, the Ninth, Tenth, and Eleventh Amendments to the United States Constitution; and unduly impinge on the plaintiffs-appellants' First Amendment right of association, constitutional right to travel, and Fifth Amendment right to due process for deprivations of property and liberty. The district court dismissed the lawsuit for lack of Article III standing. The Sixth Circuit held that while economic injuries may constitute an injury-in-fact for the purposes of Article III standing, the plaintiffs' alleged economic injuries due to restrictions on cockfighting are not traceable only to the AWA. Additionally, because the AWA does not impose any penalties without a judicial trial, it is not a bill of attainder. The decision of the district court was affirmed.
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WI - Cruelty - Consolidated Cruelty Statutes |
This section comprises the Wisconsin anti-cruelty section. Under the section, "animal" includes every living warm-blooded creature (except a human being), reptile, or amphibian. The section prohibits "mistreating animals," which is defined as treating any animal, whether belonging to the person or another, in a cruel manner. This section does not prohibit bona fide experiments carried on for scientific research or normal and accepted veterinary practices. This section also prohibits the instigation of dogfights, and has a unique provisions that prohibits the shooting of caged or staked animals. |
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WV - Cruelty - Consolidated Cruelty Statutes |
These West Virginia statutes comprise the state's anti-cruelty and animal fighting provisions. If any person cruelly mistreats, abandons or withholds proper sustenance, including food, water, shelter or medical treatment, necessary to sustain normal health and fitness or to end suffering or abandons any animal to die, or uses, trains or possesses any domesticated animal for the purpose of seizing, detaining or maltreating any other domesticated animal, he or she is guilty of a misdemeanor. If any person intentionally tortures or maliciously kills an animal, or causes, procures or authorizes any other person to torture or maliciously kill an animal, he or she is guilty of a felony. The provisions of this section do not apply to lawful acts of hunting, fishing, trapping or animal training or farm livestock, poultry, gaming fowl or wildlife kept in private or licensed game farms if kept and maintained according to usual and accepted standards of livestock, poultry, gaming fowl or wildlife or game farm production and management. The section also prohibits animal fighting, making it a felony if the animal is a dog or other fur-bearing animal ("canine, feline, porcine, bovine, or equine species whether wild or domesticated"), and a misdemeanor if not (i.e., cockfighting). |
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WY - Cruelty - Consolidated Cruelty Statutes |
This compilation of laws contains Wyoming's anti-cruelty provisions that were amended in 2021. Under the new laws, a person commits cruelty to animals if the person knowingly overrides an animal or drives an animal when overloaded; intentionally or knowingly, unnecessarily injures or beats an animal; or knowingly carries an animal in a manner that poses undue risk of injury or death. Additionally, a person has the charge or custody of any animal under circumstances that manifest "extreme indifference" to the animal's safety, health or life, and fails to provide it with listed necessities, abandons the animal, fails to provide the animal with appropriate care in the case of immediate and obvious serious injury or illness also commits cruelty to animals. Other prohibitions include animal fighting, shooting or poisoning livestock or domestic animals on property where the animal is authorized to be. A first offense of cruelty to animals or of a violation of W.S. 6-3-1003 is a misdemeanor punishable by imprisonment for not more than six months, a fine of not more than $750.00, or both, with enhanced penalties for subsequent convictions. Felony cruelty to animals occurs when a person commits cruelty to animals as defined in W.S. 6-3-1002(a)(v) through (ix), that results in the death or required euthanasia of the animal; or (ii) knowingly, and with intent to cause death or undue suffering, beats with cruelty, tortures, torments or mutilates an animal. Such acts incur permanent forfeiture of the animal at issue and imprisonment for not more than two years and/or a fine of up to $5,000. With either misdemeanor or felony convictions, the court may order forfeiture of the animals involved, payment of reasonable costs of animal impoundment, and restraints on future ownership of animals. A bestiality law was also enacted in 2021 that prohibits actors from engaging in sexual acts with animals. Violation is a misdemeanor with punishment of up to one year imprisonment and/or a fine of up to $1,000. |
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Zuniga v. San Mateo Dept. of Health Services (Peninsula Humane Soc.) |
In this California case, the owner of a dog that had been seized pending criminal dogfighting charges sought a writ of mandate challenging a county hearing officer's decision finding that puppies born to the dog while she was impounded were dangerous animals. The trial court denied the writ. The Court of Appeal reversed and held that there was insufficient evidence that the puppies were “dangerous animals." The evidence received by the hearing officer relates mainly to appellant's actions and his mistreatment of the parent animal, and the only evidence relevant to the puppies' “inherent nature” was the observed aggressive behavior toward each other while caged together and certain possible assumptions about their nature from the condition and use of their mother.
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