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

(f) It is an exception to the application of this section that the conduct engaged in by the actor is a generally accepted and otherwise lawful: (5029)

(1) form of conduct occurring solely for the purpose of or in support of: (5030)

(A) fishing, hunting, or trapping; or (5031)

(B) wildlife management, wildlife or depredation control, or shooting preserve practices as regulated by state and federal law; or (5032)

(2) animal husbandry or agriculture practice involving livestock animals. (5033)

(g) This section does not create a civil cause of action for damages or enforcement of the section. (5034)

Added by Acts 2007, 80th Leg., R.S., Ch. 886 (H.B. 2328), Sec. 2, eff. September 1, 2007. (5035)

Amended by: (5036)

Acts 2017, 85th Leg., R.S., Ch. 576 (S.B. 762), Sec. 1, eff. September 1, 2017. (5037)

Acts 2017, 85th Leg., R.S., Ch. 739 (S.B. 1232), Sec. 3, eff. September 1, 2017. (5038)

Sec. 42.10. DOG FIGHTING. (5039)(Text)

(a) A person commits an offense if the person intentionally or knowingly: (5040)

(1) causes a dog to fight with another dog; (5041)

(2) participates in the earnings of or operates a facility used for dog fighting; (5042)

(3) uses or permits another to use any real estate, building, room, tent, arena, or other property for dog fighting; (5043)

(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; (5044)

(5) owns or trains a dog with the intent that the dog be used in an exhibition of dog fighting; or (5045)

(6) attends as a spectator an exhibition of dog fighting. (5046)

(b) In this section: (5047)

(1) "Dog fighting" means any situation in which one dog attacks or fights with another dog. (5048)

(2) "Dog-fighting equipment" has the meaning assigned by Article 18.18(g), Code of Criminal Procedure. (5049)

(c) A conviction under Subsection (a)(2) or (3) may be had upon the uncorroborated testimony of a party to the offense. (5050)

(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. (5051)

(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. (5052)

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. (5053)

Amended by: (5054)

Acts 2007, 80th Leg., R.S., Ch. 644 (H.B. 916), Sec. 1, eff. September 1, 2007. (5055)

Acts 2009, 81st Leg., R.S., Ch. 1357 (S.B. 554), Sec. 1, eff. September 1, 2009. (5056)

Sec. 42.105. COCKFIGHTING. (5057)(Text)

(a) In this section: (5058)

(1) "Bridle" means a leather device designed to fit over the head and beak of a cock to prevent the cock from injuring another cock. (5059)

(2) "Cock" means the male of any type of domestic fowl. (5060)

(3) "Cockfighting" means any situation in which one cock attacks or fights with another cock. (5061)

(4) "Gaff" means an artificial steel spur designed to attach to the leg of a cock to replace or supplement the cock's natural spur. (5062)

(5) "Slasher" means a steel weapon resembling a curved knife blade designed to attach to the foot of a cock. (5063)

(b) A person commits an offense if the person knowingly: (5064)

(1) causes a cock to fight with another cock; (5065)

(2) participates in the earnings of a cockfight; (5066)

(3) uses or permits another to use any real estate, building, room, tent, arena, or other property for cockfighting; (5067)

(4) owns or trains a cock with the intent that the cock be used in an exhibition of cockfighting; (5068)

(5) manufactures, buys, sells, barters, exchanges, possesses, advertises, or otherwise offers a gaff, slasher, or other sharp implement designed for attachment to a cock with the intent that the implement be used in cockfighting; or (5069)

(6) attends as a spectator an exhibition of cockfighting. (5070)

(c) It is an affirmative defense to prosecution under this section that the actor's conduct: (5071)

(1) occurred solely for the purpose of or in support of breeding cocks for poultry shows in which a cock is judged by the cock's physical appearance; or (5072)

(2) was incidental to collecting bridles, gaffs, or slashers. (5073)

(d) An affirmative defense to prosecution is not available under Subsection (c) if evidence shows that the actor is also engaging in use of the cocks for cockfighting. (5074)

(e) It is a defense to prosecution for an offense under this section that: (5075)

(1) the actor was engaged in bona fide experimentation for scientific research; or (5076)

(2) the conduct engaged in by the actor is a generally accepted and otherwise lawful animal husbandry or agriculture practice involving livestock animals. (5077)

(f) It is an exception to the application of Subsection (b)(6) that the actor is 15 years of age or younger at the time of the offense. (5078)

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