Sec. 42.092. CRUELTY TO NONLIVESTOCK ANIMALS. (a) In this section:
(1) "Abandon" includes abandoning an animal in the person's custody without making reasonable arrangements for assumption of custody by another person.
(2) "Animal" means a domesticated living creature, including any stray or feral cat or dog, and a wild living creature previously captured. The term does not include an uncaptured wild living creature or a livestock animal.
(3) "Cruel manner" includes a manner that causes or permits unjustified or unwarranted pain or suffering.
(4) "Custody" includes responsibility for the health, safety, and welfare of an animal subject to the person's care and control, regardless of ownership of the animal.
(5) "Depredation" has the meaning assigned by Section 71.001, Parks and Wildlife Code.
(6) "Livestock animal" has the meaning assigned by Section 42.09.
(7) "Necessary food, water, care, or shelter" includes food, water, care, or shelter provided to the extent required to maintain the animal in a state of good health.
(8) "Torture" includes any act that causes unjustifiable pain or suffering.
(9) "Trap-Neuter-Return Program" means a nonlethal population control practice in which an animal is:
(A) trapped;
(B) evaluated by a veterinarian;
(C) if unvaccinated, vaccinated by a veterinarian;
(D) if unsterilized, sterilized by a veterinarian;
(E) marked by a veterinarian, whether by notching or tipping one ear or otherwise; and
(F) returned to the trap location.
(10) "Veterinarian" shall have the same meaning as set forth in Section 801.002, Occupations Code.
(b) A person commits an offense if the person intentionally, knowingly, recklessly, or with criminal negligence:
(1) tortures an animal or in a cruel manner kills or causes serious bodily injury to an animal;
(2) without the owner's effective consent, kills, administers poison to, or causes serious bodily injury to an animal;
(3) fails unreasonably to provide necessary food, water, care, or shelter for an animal in the person's custody;
(4) abandons unreasonably an animal in the person's custody;
(5) transports or confines an animal in a cruel manner;
(6) without the owner's effective consent, causes bodily injury to an animal;
(7) causes one animal to fight with another animal, if either animal is not a dog;
(8) uses a live animal as a lure in dog race training or in dog coursing on a racetrack; or
(9) seriously overworks an animal.
(c) An offense under Subsection (b)(3), (4), (5), (6), 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 42.09, or one time under this section and one time under Section 42.09.
(c-1) An offense under Subsection (b)(1) or (2) is a felony of the third degree, except that the offense is a felony of the second degree if the person has previously been convicted under Subsection (b)(1), (2), (7), or (8) or under Section 42.09.
(c-2) An offense under Subsection (b)(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 under this section or under Section 42.09.
(d) It is a defense to prosecution under this section that:
(1) the actor had a reasonable fear of bodily injury to the actor or to another person by a dangerous wild animal as defined by Section 822.101, Health and Safety Code; or
(2) the actor was engaged in bona fide experimentation for scientific research.
(d-1) It is a defense to prosecution for alleged criminal negligence that the conduct occurred during the actual discharge of the actor's duties while employed as a veterinarian licensed under Chapter 801, Occupations Code, or as a person assisting the veterinarian.
(e) It is a defense to prosecution under Subsection (b)(2) or (6) that:
(1) the animal was discovered on the person's property in the act of or after injuring or killing the person's livestock animals or damaging the person's crops and that the person killed or injured the animal at the time of this discovery; or
(2) the person killed or injured the animal within the scope of the person's employment as a public servant or in furtherance of activities or operations associated with electricity transmission or distribution, electricity generation or operations associated with the generation of electricity, or natural gas delivery.
(e-1) It is a defense to prosecution under Subsection (b)(4) that the actor released or returned a stray or feral animal which is not a wild living creature pursuant to a Trap-Neuter-Return Program.
(e-2) It is a defense to prosecution under Subsection (b)(4) that the actor released or returned a previously trapped wild living creature in accordance with Texas wildlife laws and regulations.
(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 the section.
Added by Acts 2007, 80th Leg., R.S., Ch. 886 (H.B. 2328), Sec. 2, eff. September 1, 2007.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 576 (S.B. 762), Sec. 1, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 739 (S.B. 1232), Sec. 3, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 537 (H.B. 3660), Sec. 1, eff. June 10, 2023.
Acts 2023, 88th Leg., R.S., Ch. 537 (H.B. 3660), Sec. 2, eff. June 10, 2023.
Acts 2025, 89th Leg., R.S., Ch. 342 (H.B. 285), Sec. 1, eff. September 1, 2025.
Notes of Decisions
Cited in
89
cases (
24 in the last 5 years), 2008–2026 · leading case:
Prichard v. State, 533 S.W.3d 315 (Tex. Crim. App. 2017).
Prichard v. State, 533 S.W.3d 315 (Tex. Crim. App. 2017).
· cites it 10× “See Tex. Penal Code § 42.092(a)(2). The State also contends that the animal-cruelty statute’s use of the phrase “kills or causes serious bodily injury to an animal” necessarily includes the use of a deadly weapon because it is impossible to inflict serious bodily injury or death…”
Chase, Ryan Francis, 448 S.W.3d 6 (Tex. Crim. App. 2014).
· cites it 7× “Trial Appellant was charged with cruelty to non-livestock animals under Texas Penal Code § 42.092(b)(6). 2 During a pretrial hearing, defense counsel explained that the defense would seek to rely upon § 822.”
Wydell Lorraine Dixon v. State, 455 S.W.3d 669 (Tex. App.—Houston [1st Dist.] 2014).
· cites it 6× “See Tex. Penal Code Ann. § 42.092 (b)(1), (c)(Vernon 2011).”
Thomas v. State, 352 S.W.3d 95 (Tex. App.—Houston [14th Dist.] 2011).
· cites it 2× “See Tex. Penal Code Ann. § 42.092 (b)(3), (5) (West Supp.”
Terrence D. Mouton v. State, 513 S.W.3d 679 (Tex. App.—San Antonio 2016).
· cites it 2× “See Tex. Penal Code Ann. § 42.092 (b)(3) (West 2016).”
Ryan Francis Chase v. State, 418 S.W.3d 296 (Tex. App.—Austin 2013).
· cites it 4× “See Tex. Penal Code § 42.092. At the conclusion of the trial, the jury found Chase guilty, and the trial court sentenced him to imprisonment for 365 days but probated the sentence and placed Chase under community supervision for 12 months.”
Brown v. State, 333 S.W.3d 606 (Tex. App.—Dallas 2009).
“Cantu heard a yelp and, turning around, he saw “an engulfed flame going down the street .”
Brent Just. v. State, 532 S.W.3d 862 (Tex. App.—Houston [14th Dist.] 2017).
“See Tex. Penal Code § 42.092(c). If the criminal conduct is the torture or killing of an animal in a cruel manner, the offense is a state jail felony.”
in the Matter of M.C.S., Jr., 327 S.W.3d 802 (Tex. App.—Fort Worth 2010).
· cites it 2× “Appellant asserts that the oral stipulation quoted above does not show that the bat was alive when it was set on fire or that it had been previously captured.”
Tex. Penal Code § 42.092(3): 1 case
Tex. Penal Code § 42.092(4): 1 case
Tex. Penal Code § 42.092(a)(2): 4 cases
Prichard v. State, 533 S.W.3d 315 (Tex. Crim. App. 2017).
“See Tex. Penal Code § 42.092(a)(2). The State also contends that the animal-cruelty statute’s use of the phrase “kills or causes serious bodily injury to an animal” necessarily includes the use of a deadly weapon because it is impossible to inflict serious bodily injury or death…”
Tex. Penal Code § 42.092(a)(3): 2 cases
Tex. Penal Code § 42.092(a)(7): 1 case
Tex. Penal Code § 42.092(a)(8): 1 case
Tex. Penal Code § 42.092(b): 6 cases
Tex. Penal Code § 42.092(b)(1): 19 cases
Prichard v. State, 533 S.W.3d 315 (Tex. Crim. App. 2017).
“See Tex. Penal Code § 42.092(a)(2). The State also contends that the animal-cruelty statute’s use of the phrase “kills or causes serious bodily injury to an animal” necessarily includes the use of a deadly weapon because it is impossible to inflict serious bodily injury or death…”
Tex. Penal Code § 42.092(b)(2): 6 cases
Prichard v. State, 533 S.W.3d 315 (Tex. Crim. App. 2017).
“See Tex. Penal Code § 42.092(a)(2). The State also contends that the animal-cruelty statute’s use of the phrase “kills or causes serious bodily injury to an animal” necessarily includes the use of a deadly weapon because it is impossible to inflict serious bodily injury or death…”
Ryan Francis Chase v. State, 418 S.W.3d 296 (Tex. App.—Austin 2013).
“See Tex. Penal Code § 42.092. At the conclusion of the trial, the jury found Chase guilty, and the trial court sentenced him to imprisonment for 365 days but probated the sentence and placed Chase under community supervision for 12 months.”
Tex. Penal Code § 42.092(b)(3): 10 cases
Tex. Penal Code § 42.092(b)(6): 1 case
Chase, Ryan Francis, 448 S.W.3d 6 (Tex. Crim. App. 2014).
“Trial Appellant was charged with cruelty to non-livestock animals under Texas Penal Code § 42.092(b)(6). 2 During a pretrial hearing, defense counsel explained that the defense would seek to rely upon § 822.”
Tex. Penal Code § 42.092(c): 6 cases
Prichard v. State, 533 S.W.3d 315 (Tex. Crim. App. 2017).
“See Tex. Penal Code § 42.092(a)(2). The State also contends that the animal-cruelty statute’s use of the phrase “kills or causes serious bodily injury to an animal” necessarily includes the use of a deadly weapon because it is impossible to inflict serious bodily injury or death…”
Chase, Ryan Francis, 448 S.W.3d 6 (Tex. Crim. App. 2014).
“Trial Appellant was charged with cruelty to non-livestock animals under Texas Penal Code § 42.092(b)(6). 2 During a pretrial hearing, defense counsel explained that the defense would seek to rely upon § 822.”
Brent Just. v. State, 532 S.W.3d 862 (Tex. App.—Houston [14th Dist.] 2017).
“See Tex. Penal Code § 42.092(c). If the criminal conduct is the torture or killing of an animal in a cruel manner, the offense is a state jail felony.”
Tex. Penal Code § 42.092(e): 2 cases
Tex. Penal Code § 42.092(f): 8 cases
Prichard v. State, 533 S.W.3d 315 (Tex. Crim. App. 2017).
“See Tex. Penal Code § 42.092(a)(2). The State also contends that the animal-cruelty statute’s use of the phrase “kills or causes serious bodily injury to an animal” necessarily includes the use of a deadly weapon because it is impossible to inflict serious bodily injury or death…”
Tex. Penal Code § 42.092(f)(1)(A): 1 case
Chase, Ryan Francis, 448 S.W.3d 6 (Tex. Crim. App. 2014).
“Trial Appellant was charged with cruelty to non-livestock animals under Texas Penal Code § 42.092(b)(6). 2 During a pretrial hearing, defense counsel explained that the defense would seek to rely upon § 822.”
Tex. Penal Code § 42.092(f)(1)(B): 1 case
Tex. Penal Code § 42.092(g): 1 case
Chase, Ryan Francis, 448 S.W.3d 6 (Tex. Crim. App. 2014).
“Trial Appellant was charged with cruelty to non-livestock animals under Texas Penal Code § 42.092(b)(6). 2 During a pretrial hearing, defense counsel explained that the defense would seek to rely upon § 822.”
Tex. Penal Code § 42.092(t): 1 case
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