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Cruelty to Non-Livestock Animal

Cruelty to Non-Livestock Animal

Chapter 42 of the Texas Penal Code defines disorderly conduct and other related charges.

“Cruelty to Non-Livestock Animal”, as per § 42.092 of the Texas Penal Code, occurs when a person knowingly, intentionally, or recklessly:

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

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

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

4.      abandons unreasonably an animal in the person's custody;

5.      transports or confines an animal in a cruel manner;

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

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

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

9.      seriously overworks an animal.

An offense under Subsection 3), 4), 5), 6), and 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 42.09.

An offense under 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 1), 2), 7), or 8).

An offense under 7), and 8) is a state jail felony, except that it is a third degree felony if the person has previously been convicted under this section or 42.09.

Severity of Crime

Misdemeanor A

  • Confinement in jail for a term not to exceed one year

  • Fine not to exceed $4,000

  • Both such fine and confinement

State Jail Felony

  • Confinement in a state jail for not more than two years and not less than 180 days

  • In addition to confinement, may receive a fine not to exceed $10,000

Third Degree Felony

  • Imprisonment in the institutional division for not more than 10 years or less than two years

  • In addition to imprisonment, may receive a fine not to exceed $10,000

Second Degree FelonY

  • Imprisonment in the institutional division for not more than 20 years or less than two years

  • In addition to imprisonment, may receive a fine not to exceed $10,000