The Texas offense of Possession Of Animal By Person Convicted Of Animal Cruelty makes it illegal to possess or control an animal if you have been convicted of one of the enumerated animal cruelty offenses within the last five years. This a brand new law for 2023.
POSSESSION OF ANIMAL BY PERSON CONVICTED OF ANIMAL CRUELTY ATTORNEY FAQs
This law makes it illegal in Texas to have a pet or “exercise control” over an animal for five years after a conviction for Dog Fighting, Cruelty to Non-livestock Animals, or Attack on Assistance Animal. Interestingly, the offense does *not* apply to you if you only have a Cockfighting conviction or Cruelty to Livestock Animals conviction.
Have you been charged with Possession Of Animal By Person Convicted Of Animal Cruelty? Book a consultation to discuss legal representation with criminal defense attorney Paul Saputo today.
Learn more about the Possession Of Animal By Person Convicted Of Animal Cruelty offense below.
What is the current Texas law about Possession Of Animal By Person Convicted Of Animal Cruelty?
The current Texas law defines the offense of Possession Of Animal By Person Convicted Of Animal Cruelty in Penal Code Section §42.107 as follows:[1]
(a) A person commits an offense if the person:
(1) possesses or exercises control over an animal; and
(2) within the five-year period preceding the date of the instant offense, has been previously convicted of an offense under:
(A) Section 42.091, 42.092, or 42.10; or
(B) federal law or a penal law of another state containing elements that are substantially similar to the elements of an offense described by Paragraph (A).
This offense was created by the 88th Texas Legislature in 2023,[2] effective September 1, 2023.[3]
How can I be charged with Possession Of Animal By Person Convicted Of Animal Cruelty?
You can be charged with Possession Of Animal By Person Convicted Of Animal Cruelty if the state’s attorneys believe that each of the elements of 42.107 as described in the section above have been met.
What is the punishment for Possession Of Animal By Person Convicted Of Animal Cruelty?
Possession Of Animal By Person Convicted Of Animal Cruelty is punished is a Class C misdemeanor unless the state proves the accused had a prior conviction for this offense.[4]
Legal References:
^1. Texas Penal Code §42.107^2. HB 598, 88th Texas Legislature (RS), Section 1^3. HB 598, 88th Texas Legislature (RS), Section 2^4. Texas Penal Code §42.107(b)
