Health & Safety Code · §42.092

Cruelty to Non-Livestock Animals

Cruelty to Non-Livestock Animals is covered under §42.092 and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "Animal Cruelty" on practice exams.

To prove this offense, the State must establish each of the following elements: Class A misdemeanor (default); State jail felony: torture, killing, SBI, animal fighting; 3rd degree felony with priors; Includes intentional / knowing / reckless conduct.

Elements you must prove

  • Class A misdemeanor (default)
  • State jail felony: torture, killing, SBI, animal fighting
  • 3rd degree felony with priors
  • Includes intentional / knowing / reckless conduct

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Worked examples

Worked example 1

Cruelty to non-livestock animals (Tex. Penal Code §42.092 — referenced from HSC ch. 821) is what level?

  1. Class C misdemeanor
  2. State jail felony for serious offenses (torture, killing, serious bodily injury, animal fighting); 3rd degree felony for repeat offenses Correct
  3. Always Class A
  4. Felony only with deadly weapon
Why: Cruelty to non-livestock animals: Class A baseline for many forms; state jail felony for torture, killing, causing SBI, or organized animal fighting; 3rd degree felony with priors. Cruelty to livestock animals (§42.09) is a separate statute.
Statute: Tex. Penal Code §42.092

Statutory definitions for this topic

Cruelty to non-livestock animal Tex. Penal Code §42.092
Penal Code offense covering most companion animals (dogs, cats, etc.). Class A misdemeanor baseline; state jail felony for torture, killing, causing SBI, or organized animal fighting; 3rd degree felony for repeats.