Cockfighting

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Titlesort descending Summary
CA - Forfeiture - § 599aa. Seizure of fighting animals and birds, paraphernalia, etc.; affidavit of officer; custody of seized p This section provides for the seizure and forfeiture of all birds, animals, paraphernalia, and any other property which is used in the fighting of birds or animals, the training of birds or animals to fight, or to inflict pain or cruelty on fighting animals. The section outlines the procedures for seizure and forfeiture, including what is to be done with seized animals.
Club Gallistico de Puerto Rico Inc. v. United States Club Gallistico de Puerto Rico, Inc. (Club Gallistico) and the Asociacion Cultural y Deportiva del Gallo Fino de Pelea (Asociacion Cultural) both filed civil complaints against the United States Government. The complaints alleged that the Section 12616 amendments to the Animal Welfare Act (AWA) violated bedrock principles of federalism and rights protected under the United States Constitution. Both Club Gallistico and Asociacion Cultural are both non-profit organizations involved in the Commonwealth of Puerto Rico’s cockfighting industry. The amendments to the AWA outlawed all animal fighting ventures in which animals were moved in interstate or foreign commerce in every United States jurisdiction. These amendments extended the ban to United States territories which the Plaintiffs argued the United States did not have the authority to do. Both cases were consolidated and heard by the District Court. The Court analyzed the amendments under the Federalism doctrine, the Commerce Clause, and the Territorial Clause. Extending the ban on live-bird fighting did not violate either of the three. Further, the amendments did not violate the Tenth Amendment to the United States Constitution or any other constitutional rights such as free speech or due process. The Court ultimately denied the Plaintiffs’ Motion for Summary Judgment and Granted Defendant United States’ Cross-Motion for Summary Judgment.
CO - Cruelty - Consolidated Cruelty/Animal Fighting Statutes This Colorado section contains the anti-cruelty and animal fighting laws. A person commits cruelty to animals if he or she knowingly, recklessly, or with criminal negligence overdrives, overloads, overworks, torments, deprives of necessary sustenance, unnecessarily or cruelly beats, allows to be housed in a manner that results in chronic or repeated serious physical harm, carries or confines in or upon any vehicles in a cruel or reckless manner, or otherwise mistreats or neglects any animal. A person commits aggravated cruelty to animals if he or she knowingly tortures, needlessly mutilates, or needlessly kills an animal. Cruelty to animals is a class 1 misdemeanor and aggravated cruelty or a second conviction of animal cruelty is class 6 felony. This section also prohibits animal fighting (not limited to certain species such as dogs or chickens). Violation of this law results in a class 5 felony. This section also makes it illegal to own a dangerous dog and "tamper" with livestock.
Commonwealth v. Gonzalez
Appellant was convicted of cruelty to animals for cockfighting. On appeal, appellant claimed that the delegation of police power to animal welfare agents was unconstitutional. The court found that appellant was without standing to complain because he failed to show an injury. Appellant also argued that the animal fighting statute was preempted by a federal statute,

7 U.S.C.S. §

 

2156.

The court disagreed. Finally, appellant asserted that §

 

5511 was unconstitutionally vague and overbroad. The court determined that appellant lacked standing to challenge the statute's

overbreadth.
Connecticut General Statutes: Title 56: Sections 6480 - 6482n Sections 6480-6482 of Title 56 from the 1918 General Laws of Connecticut covers offences against public policy. pecifically, the statutes cover following topics: animal fighting, penalty for attending a fight, and unlawful exhibition of sport for gain.
CT - Cruelty - Consolidated Cruelty Laws


This Connecticut section contains the state's anti-cruelty and animal fighting provisions.  Any person who overdrives, drives when overloaded, overworks, tortures, deprives of necessary sustenance, mutilates or cruelly beats or kills or unjustifiably injures


any animal


, or fails to give an animal in his or her custody proper care, among other things shall be fined not more than $1,000 or imprisoned not more than one year or both; a subsequent offense is a Class D felony.  Any person who maliciously and intentionally maims, mutilates, tortures, wounds or kills an animal is also guilty of a Class D felony. Animal fighting is also prohibited under this section as a Class D felony.  Connecticut has a cruelty to poultry law that provides that any crate or other container used for the purpose of transporting, shipping or holding for sale any live poultry must be in a sanitary condition with sufficient ventilation and warmth to prevent unnecessary suffering.  Other provisions include laws against dyeing chicks and rabbits, docking horses' tails, and the use of animals, birds, or reptiles to solicit money.
DC - Cruelty - Consolidated Cruelty Statutes This D.C. statutory section comprises the anti-cruelty and animal fighting provisions. Whoever knowingly overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, cruelly chains, cruelly beats or mutilates, any animal, or knowingly causes such acts, or one who unnecessarily fails to provide proper food, drink, air, light, space, veterinary care, shelter, or protection from the weather, faces imprisonment up to180 days, or a fine of $250, or both. Actions that result in serious bodily injury or death to the animal result in felony prosecution with imprisonment not exceeding 5 years or a fine of $25,000, or both. "Animal" is defined by statute as all living and sentient creatures (human beings excepted). This section also prohibits animal fighting as either a felony (i.e., wagering or conducting the fight) or a misdemeanor (knowingly being present).
DE - Cruelty - Consolidated Cruelty Statutes These Delaware sections comprise the state's anti-cruelty and animal fighting provisions. Delaware's anti-cruelty section provides that cruelty to animals is when a person intentionally or recklessly subjects any animal (excluding fish, crustacea or molluska) to cruel mistreatment, cruel neglect, or kills or injures any animal belonging to another person. Actively engaging in animal fighting activities is a class F felony while being a spectator at a fight is a class A misdemeanor.
Edmondson v. Oklahoma


Petitioners sought relief from a temporary injunction for the Respondents, which prevented petitioners from enforcing the statute banning cockfighting.  The Supreme Court assumed original jurisdiction and held that the statute did not violate the Oklahoma State Constitution, and was not unconstitutionally overbroad.  Relief granted for petitioners.
FL - Cruelty, Humane Slaughter - Consolidated Cruelty Statutes/Humane Slaughter Laws This section comprises the Florida anti-cruelty laws. Under this section, the word "animal" includes every living dumb creature. The misdemeanor violation of animal cruelty (section 828.12) occurs when a person unnecessarily overloads, overdrives, torments, deprives of necessary sustenance or shelter, or unnecessarily mutilates, or kills any animal, or carries in or upon any vehicle, any animal in a cruel or inhumane manner. A person who intentionally commits an act to any animal, or a person who owns or has the custody or control of any animal and fails to act, which results in the cruel death, or excessive or repeated infliction of unnecessary pain or suffering is guilty of a felony of the third degree. Psychiatric or psychological counseling are also mandatory for convicted offenders. The section also criminalizes animal abandonment and neglect as well as animal fighting.

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