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Renumbered 9/1/94 from 42.11
Sec. 42.09. CRUELTY TO ANIMALS. (a) A person commits an offense if he intentionally or knowingly:
(1) tortures or seriously overworks an animal;
(2) fails unreasonably to provide necessary food, care, or shelter for an animal in his custody;
(3) abandons unreasonably an animal in his custody;
(4) transports or confines an animal in a cruel manner;
(5) kills, injures, or administers poison to an animal, other than cattle, horses, sheep, swine, or goats, belonging to another without legal authority or the owner's effective consent;
(6) causes one animal to fight with another;
(7) uses a live animal as a lure in dog race training or in dog coursing on a racetrack; or
(8) [added 9/1/95] trips a horse.
(b) It is a defense to prosecution under this section that the actor was engaged in bona fide experimentation for scientific research.
(c) [amended 9/1/95] For purposes of this section:
(1) "Animal" means a domesticated living creature and wild living creature previously captured. "Animal" does not include an uncaptured wild creature or a wild creature whose capture was accomplished by conduct at issue under this section.
(2) "Trip" means to use an object to cause a horse to fall or lose its balance.
(d) [amended 9/1/97] An offense under this section 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.
(e) It is a defense to prosecution under Subsection (a)(5) that the animal was discovered on the person's property in the act of or immediately after injuring or killing the person's goats, sheep, cattle, horses, swine, or poultry and that the person killed or injured the animal at the time of this discovery.
(f) [added 9/1/95] It is a defense to prosecution under Subsection (a)(8) that the actor tripped the horse for the purpose of identifying the ownership of the horse or giving veterinary care to the horse.
Eff 9/1/97 in (d) added text beginning with "except that"
Before 9/1/95 (c) provided:
(c) For purposes of this section, "animal" means a domesticated living creature and wild living creature previously captured. "Animal" does not include an uncaptured wild creature or a wild creature whose capture was accomplished by conduct at issue under this section.
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© 2006 Lang Baker