Full Title Name:  Chart of State Dogfighting Laws

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Hanna Gibson Place of Publication:  Michigan State University College of Law Publish Year:  2014 Primary Citation:  Animal Legal & Historical Center
Summary:

This chart, updated in 2014, lists the state laws concerning dog fighting. To date, all states have enacted laws that make actively participating in dog fighting a felony. Several states still regard being a spectator at a fight as a misdemeanor.

 

 

FEDERAL & STATE DOGFIGHTING STATUTES

Jurisdiction

STATUTORY CITATION

HIGHEST  PUNISHMENT: FELONY or

MISDEMEANOR

= Felony

Misdemeanor

PUNISHMENT FOR KEEPING FIGHTING DOG/INSTIGATING

 

MAXIMUM FINE FOR KEEPING/INSTIGATING (if listed in statute)

 

SPECTATOR PROVISION

 

KEEP/OWN/POSSESS

PROVISION

Federal Animal Welfare Act

7 USCA §  2156 Whoever violates subsection (a)(1), (b), (c), or (e) of 7 USCA §  2156 shall be fined under 18 U.S.C.A. § 3571, imprisoned for not more than 5 years, or both, for each violation- 18 USCA §  49

 

   

Attending an animal fighting venture: shall be fined under 18 U.S.C.A. § 3571, imprisoned for not more than 1 year, or both - 18 USCA §  49

 

Causing an individual who has not attained the age of 16 to attend an animal fighting venture: shall be fined under under 18 U.S.C.A. § 3571, imprisoned for not more than 3 years, or both, for each violation. - 18 USCA §  49

 

Alabama

AL ST § 3-1-29

F

 

Class C felony

 

Class C felony

Class C felony

Alaska

 

AK ST §11.61.145

 

F

 

 

Class C felony

 

A violation for the first offense,

 

A class B misdemeanor for the second offense, 

 

A class A misdemeanor for the third and each subsequent offense.

Class C felony

Arizona

 

AZ ST § 13-2910.01 & AZ ST  § 13-2910.02

 

F

 

Class 5 felony

 

Class 6 felony

Class 5 felony

Arkansas

 

AR ST § 5-62-120

 

F

 

Class D felony

 

Class A misdemeanor

Class D felony

California

 

CA PENAL § 597.5

 

F

Felony with imprisonment of 16 months or 2-3 years

$50,000

 

 An offense punishable by imprisonment in a county jail up to 1 year, or by a fine not to exceed $5,000, or by both

Felony

Colorado

 

CO ST § 18-9-204

 

F

 

Class 5 felony for 1st offense

 

Class 4 felony for 2nd or subsequent offenses

1st offense: up to $1,000

2nd or subsequent: up to $5,000

Class 5 felony

Class 5 felony

Connecticut

 

CT ST § 53-247 (c)

F

Class D Felony

 

Class D Felony

Class D Felony

Delaware

DE ST T11 § 1326

 

F

 Class E felony

 

 Class F felony

 Class E felony

Florida

West's F.S.A.§ 828.122

 

F

 

 

 Third degree felony

 

Third degree felony

Third degree felony

Georgia

Ga. Code Ann.,§ 16-12-37

 

F

 

1st offense: felony with not less than 1 year nor more than 5 years imprisonment.

 

2nd or subsequent: 1- 10 years

1st offense: not less than $5,000

 

2nd or subsequent: not less than $15,000


Upon first conviction thereof, such person shall be guilty a misdemeanor of a high and aggravated nature.

On a second conviction, such person shall be guilty of a felony punishable by imprisonment of 1- 5 years, a fine of $5,000.00 or more, or both

On a third or subsequent conviction, such person shall be punished by imprisonment of 1- 10 years, a fine of $15,000.00 or more, or both

Felony

Hawaii

HRS § 711-1109.3HRS § 711-1109.35

 

F

 

Class B felony

 

 

Class C Felony

  

Class B felony

Idaho

I.C. § 25-3507I.C. § 25-3520A

 

F

1st offense: 6 months jail

 

2nd offense: 9 months jail

 

3rd or subsequent: 12 months jail

1st offense: not less than $100 nor more than $5,000

2nd offense: not less than $200 nor more than $7,000

3rd or subsequent: not less than $500 nor more than $9,000

A misdemeanor

 

 

Felony

Illinois

§ 720 ILCS 5/48-1

 

F

 

 

1st offense: Class 4 felony

 

2nd or subsequent: Class 3 felony

 

 

Located within 1,000 of a place likely to contain children: Class 3 Felony

 

Second or subsequent offense located within 1,000 of a near a place likely to contain children: Class 2 Felony

 

 

Up to $50,000

Class 4 felony for a first violation.

Cass 3 felony for a second or subsequent violation.

If a person under 13 years of age is present, the parent, legal guardian, or other person who is 18 years of age or older is guilty of a Class 3 felony for a first violation and a Class 2 felony for a second or subsequent violation.

Class 3 felony and may be fined up to $50,000

Indiana

IN ST § 35-46-3-9 & IN ST § 35-46-3-10

 

F

 

Level 6 felony

 

Class A misdemeanor.

if the person has a prior unrelated conviction under this chapter, the offense is a Level 6 felony

Level 6 felony

Iowa

I.C.A § 717D.2I.C.A § 717D.4

 

F

 

Class D felony

 

An aggravated misdemeanor for the first offense.

A class “D” felony for a second or subsequent offense.

Class D felony

Kansas

K.S.A. § 21-6414

 

F

 

Level 10 non-person felony

 

Class B nonperson misdemeanor

Level 10 non-person felony

Kentucky

KRS § 525.125  & KRS § 525.130

 

F

 

Class D felony

 

Class A misdemeanor

Class D felony

Louisiana

LSA-R.S. § 14:102.5

 

F

Felony - not less than 1 year nor more than 10 years imprisonment

Not less than $1,000 to $25,000

Felony

Felony

Maine

ME ST Tit. 17 § 1033

 

F

Class C crime

 

Fine of not less than $500 in addition to other penalties imposed

Class D crime

Class C crime

Maryland

MD CRIM LAW § 10-605 & MD CRIM LAW § 10-607

 

F

Felony up to 3 years imprisonment

Up to $5,000

A misdemeanor subject to up to 1 year in prison, a fine not exceeding $2,500, or both

Felony

Massachusetts

MA ST 272 § 77, § 94,

§ 95

F

Up to 5 years imprisonment

Up to $2,500

Punished by by a fine of up to $1,000, imprisonment in the state prison up to 5 years, imprisonment in the house of correction up to 2½ years, or by both such fine and imprisonment.

Up to 5 years in a state prison, up to a year 1 year in the house of correction, or by a fine of up to $1,000, or by both such fine and imprisonment

Michigan

MCL § 750.49

 

F

Felony up to 4 years imprisonment

Not less than $5,000 to $50,000


Felony up to 4 years imprisonment

A fine of not less than $1,000.00 or more than $5,000.00

Not less than 250 or more than 500 hours of community service.

Felony

Minnesota

MN ST § 343.31

 

F

Felony

 

A gross misdemeanor

Felony

Mississippi

Miss. Code Ann. § 97-41-19

 

F

Felony of not less than 1 - 3 years imprisonment

Not less than 1,000 to $5,000

Felony punished by a fine $500- $5,000.00, by imprisonment up to a year, or by both

Felony

Missouri

MO ST § 578.025

 

F

 

 

Class D felony

 

Class A misdemeanor

Class D felony

Montana

MT ST § 45-8-210

 

F

Felony of not less than 1 year to 5 years

 

Up to $5,000

 

Felony

Nebraska

NE ST § 28-1005

 

F

Class IV felony

 

Class IV felony

Class IV felony

Nevada

N.R.S. § 574.070

 

F

 

For a first offense, a category E felony

For a second or subsequent offense, a category D felony

 

For a first offense, a gross misdemeanor.

For a second offense, or subsequent offense, a category E felony

For a first offense, a category E felony

For a second or subsequent offense, a category D felony

New Hampshire

NH ST § 644:8-a

 

F

 

Class B felony

 

Class B felony

Class B felony

New Jersey

NJ ST § 4:22-24

 

F

 

3rd degree felony

 

3rd degree felony

3rd degree felony

New Mexico

NMSA 1978, § 30-18-9

 

F

 

4th degree felony

 

4th degree felony

4th degree felony

New York

NY AGRI & MKTS § 351

 

F

Felony up to 4 years

Up to $25,000

Class B misdemeanor punishable by imprisonment for a period not to exceed three months, or by a fine not to exceed five hundred dollars, or by both such fine and imprisonment.


After having been convicted within the previous five years of a violation is guilty of a misdemeanor and is punishable by imprisonment for up to 1 year, or by a fine up to $1,000, or by both.

A misdemeanor punishable up to a year in prison, by up to $15,000, or by both 

North Carolina

N.C.G.S.A. § 14-362.2

 

F

 

Class H felony

 

Class H felony

Class H felony

North Dakota

36-21.1-07

 

F

 

Class C felony

 

 

Class A misdemeanor

Class C felony

Ohio

R.C. § 959.16 & R.C. § 959.99

 

F

 

A felony of the fourth degree for a first offense

A felony of the third degree on each subsequent offense.

 

 

 

A felony of the fourth degree for a first offense

A felony of the third degree on each subsequent offense

A felony of the fourth degree for a first offense

A felony of the third degree on each subsequent offense

Oklahoma

21 Okl.St.Ann.§ 1693- §1699.2

 

F

Felony punishable by imprisonment not less than 1 year up to 10 years

Not less than $2,000 up to $25,000

A misdemeanor

Felony punishable by imprisonment not less than 1 year up to 10 years

Oregon

O.R.S. § 167.365 & O.R.S. § 167.370

 

F

 

Class C felony

 

Class C felony

Class C felony

Pennsylvania

18 PaC.S.A. § 5511

 

F

 

Felony of the 3rd degree

 

Felony of the 3rd degree

Felony of the 3rd degree

Rhode Island

Gen.Laws 1956 § 4-1-9,10,11

 

F

Felony with up to 2 years imprisonment for 1st and subsequent offenses.

1st offense: not exceeding $1,000

 

2nd or subsequent: not less than $1,000 to  $5,000

Fined up to $1,500, imprisoned for up to 2 years, or both.

Fined up to $1,000 and/or be imprisoned up to 2 years for the first offense,

For any subsequent offense, fined between $1,000 - $5,000, be imprisoned up to 2 years, or both

South Carolina

Code 1976  § 16-27-30 & Code 1976  § 16-27-40 

 

F

 

Felony with up to 5 years imprisonment

Up to $5,000

First conviction, a misdemeanor punished by a fine of $500, imprisonment up to 6 months, or both,

For a second offense, a misdemeanor punished by a fine of $1,000, imprisonment for 1 year, or both.

Third or subsequent offense, a felony that must be punished by a fine of $5,000, imprisonment for 5 years, or both

Felony with up to 5 years imprisonment

 

Up to $5,000

South Dakota

SDCL § 40-1-10.1

 

F

 

Class 6 felony

 

Class 1 misdemeanor 

Class 6 felony

Tennessee

T. C. A. 39-14-203

 

F

 

Class E felony

 

Class C misdemeanor

Class E felony

Texas

TX PENAL § 42.10

 

F

State jail felony

 

Class A misdemeanor

Class A misdemeanor

Utah

U.C.A. 1953 § 76-9-301.1

 

F

 

3rd degree felony

Up to $25,000

Class B misdemeanor.

3rd degree felony

 

Up to $25,000

Vermont

 13 V.S.A. § 352, 353, & 364

 

F

Felony up to 5 years

Up to $5,000

Felony, up to 5 years in prison, or a fine up to $5,000.00, or both.

Felony, up to 5 years in prison, or a fine up to $5,000.00, or both.

Virginia

VA Code Ann. § 3.1-796.124

 

F

 

Class 6 felony

 

Class 6 felony

Class 6 felony

Washington

RCW § 16.52.117

 

F

 

Class C felony punishable under RCW 9A.20.021.

 

Class C felony punishable under RCW 9A.20.021.

Class C felony punishable under RCW 9A.20.021.

West Virginia

W. Va. Code, § 61-8-19, 61-8-19a 61-8-19b

 

F

Felony with imprisonment of not less than 1 year to 5 years

Not less than $1,000 to $5,000

A misdemeanor punished by a be fine $100-$1,000, or confined in the county or regional jail up to a year, or both.

 


A misdemeanor punished by a fine $300-$2,000, confined in jail up to 6 months, or both

  

Wisconsin

WSA § 951.08, 951.18

 

F

 

Class I for 1st offense

 

Class H for 2nd or subsequent offense

 

 Class A misdemeanor

Class I for 1st offense

 

Class H for 2nd or subsequent offense

Wyoming

W.S.1977 § 6-3-203

 

F

Felony with up to 2 years imprisonment

Not more than $5,000

A misdemeanor punishable by imprisonment up to 6 months, a fine of up to $750 or both

Subsequent offense is a high misdemeanor punishable by up to 1 year in prison, a fine of up to $5,000.00, or both.

Felony with up to 2 years imprisonment

 

Not more than $5,000 

 

   
   
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