This section makes knowingly engaging in cockfighting-related conduct an offense and sets different misdemeanor or felony levels for different acts.
Sec. 42.105. COCKFIGHTING. (a) In this section: (1) "Bridle" means a leather device designed to fit over the head and beak of a cock to prevent the cock from injuring another cock. (2) "Cock" means the male of any type of domestic fowl. (3) "Cockfighting" means any situation in which one cock attacks or fights with another cock. (4) "Gaff" means an artificial steel spur designed to attach to the leg of a cock to replace or supplement the cock's natural spur. (5) "Slasher" means a steel weapon resembling a curved knife blade designed to attach to the foot of a cock. (b) A person commits an offense if the person knowingly: (1) causes a cock to fight with another cock; (2) participates in the earnings of a cockfight; (3) uses or permits another to use any real estate, building, room, tent, arena, or other property for cockfighting; (4) owns or trains a cock with the intent that the cock be used in an exhibition of cockfighting; (5) manufactures, buys, sells, barters, exchanges, possesses, advertises, or otherwise offers a gaff, slasher, or other sharp implement designed for attachment to a cock with the intent that the implement be used in cockfighting; or (6) attends as a spectator an exhibition of cockfighting. (c) It is an affirmative defense to prosecution under this section that the actor's conduct: (1) occurred solely for the purpose of or in support of breeding cocks for poultry shows in which a cock is judged by the cock's physical appearance; or (2) was incidental to collecting bridles, gaffs, or slashers. (d) An affirmative defense to prosecution is not available under Subsection (c) if evidence shows that the actor is also engaging in use of the cocks for cockfighting. (e) It is a defense to prosecution for an offense under this section that: (1) the actor was engaged in bona fide experimentation for scientific research; or (2) the conduct engaged in by the actor is a generally accepted and otherwise lawful animal husbandry or agriculture practice involving livestock animals. (f) It is an exception to the application of Subsection (b)(6) that the actor is 15 years of age or younger at the time of the offense. (g) An offense under Subsection (b)(1) or (2) is a state jail felony. An offense under Subsection (b)(3), (4), or (5) is a Class A misdemeanor. An offense under Subsection (b)(6) is a Class C misdemeanor, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that the person has been previously convicted of an offense under that subdivision. Added by Acts 2011, 82nd Leg., R.S., Ch. 952 (H.B. 1043), Sec. 1, eff. September 1, 2011.