Cruelty to Livestock Animals

Chapter 42 of the Texas Penal Code defines disorderly conduct and other related charges.

“Cruelty to Livestock Animals” as per § 42.09 of the Texas Penal Code, occurs when a 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.

An offense under Subsection 2), 3), 4), and 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 1), 5), 6), 7), and 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.

Punishment Range

Misdemeanor A

Confinement in jail for a term not to exceed one year
Fine not to exceed $4,000
Both such fine and confinement

State Jail Felony

Confinement in a state jail for not more than two years and not less than 180 days
In addition to confinement, may receive a fine not to exceed $10,000

Third Degree Felony

Imprisonment in the institutional division for not more than 10 years or less than two years
In addition to imprisonment, may receive a fine not to exceed $10,000

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