Sec. 42.09. CRUELTY TO LIVESTOCK ANIMALS. (a) A person commits an offense if the person intentionally or knowingly:
(1) tortures a livestock animal;
(2) fails unreasonably to provide necessary food, water, or care for a livestock animal in the person's custody;
(3) abandons unreasonably a livestock animal in the person's custody;
(4) transports or confines a livestock animal in a cruel and unusual manner;
(5) administers poison to a livestock animal, other than cattle, horses, sheep, swine, or goats, belonging to another without legal authority or the owner's effective consent;
(6) causes one livestock animal to fight with another livestock animal or with an animal as defined by Section 42.092;
(7) uses a live livestock animal as a lure in dog race training or in dog coursing on a racetrack;
(8) trips a horse; or
(9) seriously overworks a livestock animal.
(b) In this section:
(1) "Abandon" includes abandoning a livestock animal in the person's custody without making reasonable arrangements for assumption of custody by another person.
(2) "Cruel manner" includes a manner that causes or permits unjustified or unwarranted pain or suffering.
(3) "Custody" includes responsibility for the health, safety, and welfare of a livestock animal subject to the person's care and control, regardless of ownership of the livestock animal.
(4) "Depredation" has the meaning assigned by Section 71.001, Parks and Wildlife Code.
(5) "Livestock animal" means:
(A) cattle, sheep, swine, goats, ratites, or poultry commonly raised for human consumption;
(B) a horse, pony, mule, donkey, or hinny;
(C) native or nonnative hoofstock raised under agriculture practices; or
(D) native or nonnative fowl commonly raised under agricultural practices.
(6) "Necessary food, water, or care" includes food, water, or care provided to the extent required to maintain the livestock animal in a state of good health.
(7) "Torture" includes any act that causes unjustifiable pain or suffering.
(8) "Trip" means to use an object to cause a horse to fall or lose its balance.
(c) An offense under Subsection (a)(2), (3), (4), or (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 42.092, or one time under this section and one time under Section 42.092. An offense under Subsection (a)(1), (5), (6), (7), or (8) is a state jail felony, except that the offense is a felony of the third degree if the person has previously been convicted two times under this section, two times under Section 42.092, or one time under this section and one time under Section 42.092.
(d) 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.
(e) It is a defense to prosecution for an offense under this section that the actor was engaged in bona fide experimentation for scientific research.
(f) It is an exception to the application of this section that the conduct engaged in by the actor is a generally accepted and otherwise lawful:
(1) form of conduct occurring solely for the purpose of or in support of:
(A) fishing, hunting, or trapping; or
(B) wildlife management, wildlife or depredation control, or shooting preserve practices as regulated by state and federal law; or
(2) animal husbandry or agriculture practice involving livestock animals.
(g) This section does not create a civil cause of action for damages or enforcement of this section.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 917, ch. 342, Sec. 12, eff. Sept. 1, 1975; Acts 1985, 69th Leg., ch. 549, Sec. 1, eff. Sept. 1, 1985; Acts 1991, 72nd Leg., ch. 78, Sec. 1, eff. Aug. 26, 1991. Renumbered from Penal Code Sec. 42.11 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 318, Sec. 15, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1283, Sec. 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 54, Sec. 3, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 450, Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1275, Sec. 2(116), eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 886 (H.B. 2328), Sec. 1, eff. September 1, 2007.
Notes of Decisions
Cited in
91
cases (
4 in the last 5 years), 1988–2026 · leading case:
Texas v. Johnson, 491 U.S. 397 (1989).
Texas v. Johnson, 491 U.S. 397 (1989).
· cites it 11× “The only criminal offense with which he was charged was the desecration of a venerated object in violation of Tex. Penal Code Ann. § 42.09 (a)(3) (1989).”
State v. Kingsbury, 129 S.W.3d 202 (Tex. App. 2004).
· cites it 26× “See Tex. Pen.Code Ann. § 42.09 (Vernon 2003).”
State v. Johnson, Terence, 475 S.W.3d 860 (Tex. Crim. App. 2015).
· cites it 4× “2533 (quoting Tex. Penal Code § 42.09 (1989)). . Id. at 411, 109 S.”
Volosen v. State, 227 S.W.3d 77 (Tex. Crim. App. 2007).
· cites it 3× “” Tex. Pen.Code § 42.09(a)(5). 2 . "A dog that is attacking, is about to attack, or has recently attacked sheep, goats, calves, or other domestic animals or fowls may be killed by any person witnessing or having knowledge of the attack.”
Martinez v. State, 48 S.W.3d 273 (Tex. App. 2001).
· cites it 4× “" See Tex. Pen. Code Ann. § 42.09 (a)(2) (Vernon Supp.”
Chase, Ryan Francis, 448 S.W.3d 6 (Tex. Crim. App. 2014).
· cites it 2× “092(b)(6) (current) (“without the owner's effective consent”) with Tex Penal Code § 42.09(a)(9) (West 2006) ("without legal authority or the owner’s effective consent”).”
United States v. Eichman, 496 U.S. 310 (1990).
· cites it 2× “" Tex. Penal Code Ann. § 42.09 (1989). We first held that Johnson's flag burning was "conduct `sufficiently imbued with elements of communication' to implicate the First Amendment.”
Hoog-Watson v. Guadalupe Cnty., Tex., 591 F.3d 431 (5th Cir. 2009).
· cites it 2× “In 2005, 3 a violation of Texas Penal Code Section 42.09 constituted a criminal offense punishable as a “Class A misdemeanor,” “state jail felony,” or “felony of the third degree,” Tex.”
State v. Baron, 2009 WI 58 (Wis. 2009).
· cites it 2× “2533 (citing Texas Penal Code Ann. § 42.09(a)(3) (1989)).”
Westfall v. State, 970 S.W.2d 590 (Tex. App. 1998).
· cites it 2× “Punishment was assessed at confinement in jail for 30 days, probated for one year, and a fine of $2,000. Id.”
— Tex. Penal Code § 42.09(a) — 4 cases
— Tex. Penal Code § 42.09(a)(1) — 2 cases
State v. Kingsbury, 129 S.W.3d 202 (Tex. App. 2004).
“See Tex. Pen.Code Ann. § 42.09 (Vernon 2003).”
— Tex. Penal Code § 42.09(a)(2) — 12 cases
Martinez v. State, 48 S.W.3d 273 (Tex. App. 2001).
“" See Tex. Pen. Code Ann. § 42.09 (a)(2) (Vernon Supp.”
— Tex. Penal Code § 42.09(a)(3) — 3 cases
State v. Baron, 2009 WI 58 (Wis. 2009).
“2533 (citing Texas Penal Code Ann. § 42.09(a)(3) (1989)).”
State v. Johnson, Terence, 475 S.W.3d 860 (Tex. Crim. App. 2015).
“2533 (quoting Tex. Penal Code § 42.09 (1989)). . Id. at 411, 109 S.”
— Tex. Penal Code § 42.09(a)(4) — 1 case
State v. Kingsbury, 129 S.W.3d 202 (Tex. App. 2004).
“See Tex. Pen.Code Ann. § 42.09 (Vernon 2003).”
— Tex. Penal Code § 42.09(a)(5) — 4 cases
Volosen v. State, 227 S.W.3d 77 (Tex. Crim. App. 2007).
“” Tex. Pen.Code § 42.09(a)(5). 2 . "A dog that is attacking, is about to attack, or has recently attacked sheep, goats, calves, or other domestic animals or fowls may be killed by any person witnessing or having knowledge of the attack.”
— Tex. Penal Code § 42.09(a)(6) — 1 case
— Tex. Penal Code § 42.09(a)(9) — 1 case
Chase, Ryan Francis, 448 S.W.3d 6 (Tex. Crim. App. 2014).
“092(b)(6) (current) (“without the owner's effective consent”) with Tex Penal Code § 42.09(a)(9) (West 2006) ("without legal authority or the owner’s effective consent”).”
— Tex. Penal Code § 42.09(b) — 3 cases
State v. Johnson, Terence, 475 S.W.3d 860 (Tex. Crim. App. 2015).
“2533 (quoting Tex. Penal Code § 42.09 (1989)). . Id. at 411, 109 S.”
— Tex. Penal Code § 42.09(b)(3) — 2 cases
— Tex. Penal Code § 42.09(b)(5) — 2 cases
— Tex. Penal Code § 42.09(b)(6) — 1 case
— Tex. Penal Code § 42.09(c) — 2 cases
— Tex. Penal Code § 42.09(d) — 1 case
Hoog-Watson v. Guadalupe Cnty., Tex., 591 F.3d 431 (5th Cir. 2009).
“In 2005, 3 a violation of Texas Penal Code Section 42.09 constituted a criminal offense punishable as a “Class A misdemeanor,” “state jail felony,” or “felony of the third degree,” Tex.”
— Tex. Penal Code § 42.09(e) — 2 cases
Volosen v. State, 227 S.W.3d 77 (Tex. Crim. App. 2007).
“” Tex. Pen.Code § 42.09(a)(5). 2 . "A dog that is attacking, is about to attack, or has recently attacked sheep, goats, calves, or other domestic animals or fowls may be killed by any person witnessing or having knowledge of the attack.”
— Tex. Penal Code § 42.09(f) — 1 case
— Tex. Penal Code § 42.09(h)(B) — 1 case
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