Goto previous pageGoto next page
pg. 136

Texas Laws | Penal Code
PENAL CODE
TITLE 9. OFFENSES AGAINST PUBLIC ORDER AND DECENCY

(c) An offense under this section is a: (4986)

(1) Class A misdemeanor if the actor or an animal owned by or otherwise in the custody of the actor attacks an assistance animal; (4987)

(2) state jail felony if the actor or an animal owned by or otherwise in the custody of the actor injures an assistance animal; or (4988)

(3) felony of the third degree if the actor or an animal owned by or otherwise in the custody of the actor kills an assistance animal. (4989)

(d) A court shall order a defendant convicted of an offense under Subsection (a) to make restitution to the owner of the assistance animal for: (4990)

(1) related veterinary or medical bills; (4991)

(2) the cost of: (4992)

(A) replacing the assistance animal; or (4993)

(B) retraining an injured assistance animal by an organization generally recognized by agencies involved in the rehabilitation of persons with disabilities as reputable and competent to provide special equipment for or special training to an animal to help a person with a disability; and (4994)

(3) any other expense reasonably incurred as a result of the offense. (4995)

(e) In this section: (4996)

(1) "Assistance animal" has the meaning assigned by Section 121.002, Human Resources Code. (4997)

(2) "Custody" has the meaning assigned by Section 42.09. (4998)

Added by Acts 2003, 78th Leg., ch. 710, Sec. 2, eff. Sept. 1, 2003. (4999)

Sec. 42.092. CRUELTY TO NONLIVESTOCK ANIMALS. (5000)(Text)

(a) In this section: (5001)

(1) "Abandon" includes abandoning an animal in the person's custody without making reasonable arrangements for assumption of custody by another person. (5002)

(2) "Animal" means a domesticated living creature, including any stray or feral cat or dog, and a wild living creature previously captured. The term does not include an uncaptured wild living creature or a livestock animal. (5003)

(3) "Cruel manner" includes a manner that causes or permits unjustified or unwarranted pain or suffering. (5004)

(4) "Custody" includes responsibility for the health, safety, and welfare of an animal subject to the person's care and control, regardless of ownership of the animal. (5005)

(5) "Depredation" has the meaning assigned by Section 71.001, Parks and Wildlife Code. (5006)

(6) "Livestock animal" has the meaning assigned by Section 42.09. (5007)

(7) "Necessary food, water, care, or shelter" includes food, water, care, or shelter provided to the extent required to maintain the animal in a state of good health. (5008)

(8) "Torture" includes any act that causes unjustifiable pain or suffering. (5009)

(b) A person commits an offense if the person intentionally, knowingly, or recklessly: (5010)

(1) tortures an animal or in a cruel manner kills or causes serious bodily injury to an animal; (5011)

(2) without the owner's effective consent, kills, administers poison to, or causes serious bodily injury to an animal; (5012)

(3) fails unreasonably to provide necessary food, water, care, or shelter for an animal in the person's custody; (5013)

(4) abandons unreasonably an animal in the person's custody; (5014)

(5) transports or confines an animal in a cruel manner; (5015)

(6) without the owner's effective consent, causes bodily injury to an animal; (5016)

(7) causes one animal to fight with another animal, if either animal is not a dog; (5017)

(8) uses a live animal as a lure in dog race training or in dog coursing on a racetrack; or (5018)

(9) seriously overworks an animal. (5019)

(c) An offense under Subsection (b)(3), (4), (5), (6), or (9) is a Class A misdemeanor, except that the offense is a state jail felony if the person has previously been convicted two times under this section, two times under Section 42.09, or one time under this section and one time under Section 42.09. (5020)

(c-1) An offense under Subsection (b)(1) or (2) is a felony of the third degree, except that the offense is a felony of the second degree if the person has previously been convicted under Subsection (b)(1), (2), (7), or (8) or under Section 42.09. (5021)

(c-2) An offense under Subsection (b)(7) or (8) is a state jail felony, except that the offense is a felony of the third degree if the person has previously been convicted under this section or under Section 42.09. (5022)

(d) It is a defense to prosecution under this section that: (5023)

(1) the actor had a reasonable fear of bodily injury to the actor or to another person by a dangerous wild animal as defined by Section 822.101, Health and Safety Code; or (5024)

(2) the actor was engaged in bona fide experimentation for scientific research. (5025)

(e) It is a defense to prosecution under Subsection (b)(2) or (6) that: (5026)

(1) the animal was discovered on the person's property in the act of or after injuring or killing the person's livestock animals or damaging the person's crops and that the person killed or injured the animal at the time of this discovery; or (5027)

(2) the person killed or injured the animal within the scope of the person's employment as a public servant or in furtherance of activities or operations associated with electricity transmission or distribution, electricity generation or operations associated with the generation of electricity, or natural gas delivery. (5028)

Goto previous page136Goto next page

  

Our Mission
Objective

Our mission is to provide citizens free access to the laws and codes of their state utilizing a unique search engine that matches clients with qualified legal professionals who can help with specific issues.

Our goal is to do this in a manner that promotes open government and freedom of information, while providing attorneys with valuable tools to connect with qualified prospects in need of professional services.

Ignorance Is No Excuse
Your Right To Know The Law

All citizens have a right to have access to the laws that govern them. Citizen awareness and participation in government is fundamental to ensuring a sound democracy.

Although unfettered access to the law is a fundamental right to all citizens, there is no substitute for experienced legal counsel.

We do not recommend self-representation. We do, however, recognize that in an age where people routinely research legal matters online using everything from a smartphone to their xbox, both attorneys and clients alike can benefit from this resource.