Tuesday, December 1, 2009

Section 42.10 - Dog Fighting

Sec. 42.10. DOG FIGHTING. (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.

Added by Acts 1983, 68th Leg., p. 1610, ch. 305, Sec. 1, eff. Sept. 1, 1983. Renumbered from Penal Code Sec. 42.111 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 644, Sec. 1, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1357, Sec. 1, eff. September 1, 2009.