5.0. Dogfighting
At http://www.thefreedictionary.com/fight, the Free Dictionary defines a fight as,
“to oppose or struggle against (a person, thing, cause, etc) in any manner”
At http://www.oxforddictionaries.com/us/definition/american_english/fight, the Oxford Dictionaries define a fight as,
“Take part in a violent struggle involving the exchange of physical blows or the use of weapons”
A definition of fight that would be applicable to animals was not found at the MacMillan Dictionary.
At http://www.merriam-webster.com/dictionary/fight, the Merriam-Webster Dictionary defines a fight as,
“to use weapons or physical force to try to hurt someone, to defeat an enemy, etc.
to struggle in battle or physical combat
to be involved in (a battle, struggle, etc.)”
At http://www.thefreedictionary.com/dogfight, the Free Dictionary defines a dogfight as,
“A violent fight between or as if between dogs.
An illegal, organized fight between dogs, arranged for spectator entertainment and betting.”
At http://www.oxforddictionaries.com/us/definition/american_english/dogfight, the Oxford Dictionaries defines a dogfight as,
“A fight between dogs, especially one organized illegally for public entertainment.”
At a fight between dogs that has been organized for people to watch.”
At http://www.merriam-webster.com/dictionary/dogfight, the Merriam-Webster Dictionary defines a dogfight as,
“a fight between dogs”
According to the Humane Society of the United States at http://www.humanesociety.org/issues/dogfighting/facts/dogfighting_fact_sheet.html,
“What is dogfighting?
Dogfighting is a sadistic “contest” in which two dogs—specifically bred, conditioned, and trained to fight—are placed in a pit (generally a small arena enclosed by plywood walls) to fight each other for the spectators’ entertainment and gambling.
Fights average one to two hours, ending when one of the dogs will not or cannot continue. In addition to these organized dogfights, street dogfights are a problem in many urban areas.”
The federal government defines dogfighting in the Federal law prohibiting dogfighting at U.S. Code – Title 7 – Chapter 54 – § 2156 – Animal fighting venture prohibition states,
“(a) Sponsoring or exhibiting an animal in, attending, or causing an individual who has not attained the age of 16 to attend, an animal fighting venture
(1) Sponsoring or exhibiting – Except as provided in paragraph (3), it shall be unlawful for any person to knowingly sponsor or exhibit an animal in an animal fighting venture.
(2) Attending or causing an individual who has not attained the age of 16 to attend – It shall be unlawful for any person to —
(A) knowingly attend an animal fighting venture; or
(B) knowingly cause an individual who has not attained the age of 16 to attend an animal fighting venture.
(3) Special rule for certain State 1 – With respect to fighting ventures involving live birds in a State where it would not be in violation of the law, it shall be unlawful under this subsection for a person to sponsor or exhibit a bird in the fighting venture only if the person knew that any bird in the fighting venture was knowingly bought, sold, delivered, transported, or received in interstate or foreign commerce for the purpose of participation in the fighting venture.
(b) Buying, selling, delivering, possessing, training, or transporting animals for participation in animal fighting venture – It shall be unlawful for any person to knowingly sell, buy, possess, train, transport, deliver, or receive any animal for purposes of having the animal participate in an animal fighting venture.
(c) Use of Postal Service or other interstate instrumentality for promoting or furthering animal fighting venture – It shall be unlawful for any person to knowingly use the mail service of the United States Postal Service or any instrumentality of interstate commerce for commercial speech for purposes of advertising an animal, or an instrument described in subsection (e), for use in an animal fighting venture, promoting [2] or in any other manner furthering an animal fighting venture except as performed outside the limits of the States of the United States.
(d) Violation of State law – Notwithstanding the provisions of subsection (c) of this section, the activities prohibited by such subsection shall be unlawful with respect to fighting ventures involving live birds only if the fight is to take place in a State where it would be in violation of the laws thereof.
(e) Buying, selling, delivering, or transporting sharp instruments for use in animal fighting venture – It shall be unlawful for any person to knowingly sell, buy, transport, or deliver in interstate or foreign commerce a knife, a gaff, or any other sharp instrument attached, or designed or intended to be attached, to the leg of a bird for use in an animal fighting venture.
(f) Investigation of violations by Secretary; assistance by other Federal forfeiture or civil action – The Secretary or any other person authorized by him shall make such investigations as the Secretary deems necessary to determine whether any person has violated or is violating any provision of this section, and the Secretary may obtain the assistance of the Federal Bureau of Investigation, the Department of the Treasury, or other law enforcement agencies of the United States, and State and local governmental agencies, in the conduct of such investigations, under cooperative agreements with such agencies. A warrant to search for and seize any animal which there is probable cause to believe was involved in any violation of this section may be issued by any judge of the United States or of a State court of record or by a United States magistrate judge within the district wherein the animal sought is located. Any United States marshal or any person authorized under this section to conduct investigations may apply for and execute any such warrant, and any animal seized under such a warrant shall be held by the United States marshal or other authorized person pending disposition thereof by the court in accordance with this subsection. Necessary care including veterinary treatment shall be provided while the animals are so held in custody. Any animal involved in any violation of this section shall be liable to be proceeded against and forfeited to the United States at any time on complaint filed in any United States district court or other court of the United States for any jurisdiction in which the animal is found and upon a judgment of forfeiture shall be disposed of by sale for lawful purposes or by other humane means, as the court may direct. Costs incurred for care of animals seized and forfeited under this section shall be recoverable from the owner of the animals
(1) if he appears in such forfeiture proceeding, or
(2) in a separate civil action brought in the jurisdiction in which the owner is found, resides, or transacts business.
(g) Definitions
In this section—
(1) the term “animal fighting venture” means any event, in or affecting interstate or foreign commerce, that involves a fight conducted or to be conducted between at least 2 animals for purposes of sport, wagering, or entertainment, except that the term “animal fighting venture” shall not be deemed to include any activity the primary purpose of which involves the use of one or more animals in hunting another animal;
(2) the term “instrumentality of interstate commerce” means any written, wire, radio, television or other form of communication in, or using a facility of, interstate commerce;
(3)the term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States; [3]
(4) the term “animal” means any live bird, or any live mammal, except man.
(h) Relationship to other provisions – The conduct by any person of any activity prohibited by this section shall not render such person subject to the other sections of this chapter as a dealer, exhibitor, or otherwise.
(i) Conflict with State law
(1) In general – The provisions of this chapter shall not supersede or otherwise invalidate any such State, local, or municipal legislation or ordinance relating to animal fighting ventures except in case of a direct and irreconcilable conflict between any requirements thereunder and this chapter or any rule, regulation, or standard hereunder.
(2) Omitted
(j) Criminal penalties – The criminal penalties for violations of subsection (a), (b), (c), or (e) are provided in section 49 of title 18.
[1] So in original. Probably should be “States”.
[2] So in original. Probably should be preceded by “or”.
[3] So in original. The word “and” probably should appear.”
In Texas, dogfighting is defined in Title 9 – Chapter 42 of the Texas Penal Code § 42.10 – Dog Fighting that states,
“(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 (H.B. 916), Sec. 1, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1357 (S.B. 554), Sec. 1, eff. September 1, 2009.”
