The Cockfighting crime in the state of Texas gives police the right to arrest you if they believe you caused a cock (meaning a male fowl of any kind) to fight with another cock, or if you own a property where cockfighting was allowed, or if you participated in gambling on cockfighting, owned or trained a cock to fight, owned equipment that would be used in cockfighting, or attended a cockfight. Learn more detailed information about the Cockfighting offense below.
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Cockfighting is classified in the Texas Penal Code under Title 9, “Regulatory and Penal Provisions,” Chapter 42, “Provisions Related to Age.”
What is the current Texas law about Cockfighting?
The current Texas law defines the offense of Cockfighting in Penal Code Section §42.105 as follows:[1]
(a) In this section:
(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.
(2) “Cock” means the male of any type of domestic fowl.
(3) “Cockfighting” means any situation in which one cock attacks or fights with another cock.
(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.
(5) “Slasher” means a steel weapon resembling a curved knife blade designed to attach to the foot of a cock.
How can I be charged with Cockfighting?
You can be charged with Cockfighting if the state’s attorneys believe that each of the elements of 42.105(a)(1), (2), (3), (4) or (5), as described in the section above have been met.
What is the punishment for Cockfighting?
If the offense falls under subsection (b)(3), (4) or (5), or if the actor has been previously convicted of a (b)(6) violation, then a conviction for Cockfighting is punished as a Class A misdemeanor,[2] with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to 1 year.
If the offense falls under subsection (b)(1) or (b)(2), then a conviction for Cockfighting is punished as a State Jail Felony,3 with a maximum possible fine under Texas state law of up to $10,000 and jail time of up to two years.
If the offense falls under subsection (b)(6), and it is a first conviction under that subsection, then a conviction for Cockfighting is punished as a Class C misdemeanor,[3] with a maximum possible fine under Texas state law of up to $500. Learn about the differences between grades of felonies and misdemeanors
Legal References:
^1. Texas Penal Code §42.105^2. Texas Penal Code §42.105(g)^3. Texas Penal Code §42.105(g)
