Penal Code · §42.092
Cruelty to Non-Livestock Animals
Elements
- A person
- Intentionally, knowingly, or recklessly
- Tortures an animal; fails unreasonably to provide necessary food, water, care, or shelter for an animal in the person's custody; abandons unreasonably an animal in the person's custody; transports or confines an animal in a cruel manner; kills, seriously injures, or administers poison to an animal (other than cattle/horse/cat/dog or one's own livestock per applicable definitions); causes one animal to fight with another animal not a dog; uses a live animal as a lure in dog race training; trips a horse; injures an animal belonging to another without that owner's consent; or seriously overworks an animal
- ("Animal" means a domesticated living creature, including any stray or feral cat or dog, and a wild living creature previously captured, but does not include an uncaptured wild creature)
Penalty
Class A misdemeanor base — up to 1 year county jail + up to $4,000 fine (§12.21). State jail felony for tortures, kills, or causes serious bodily injury — 180 days to 2 years + up to $10,000 fine (§12.35).
Enhancements
Third-degree felony if actor has been previously convicted two or more times under §42.092 or §42.10 — 2 to 10 years TDCJ + up to $10,000 fine (§12.34). Mandatory psychiatric counseling and restitution may be imposed.