Texas Penal Code 42.105 – Cockfighting

/ Misdemeanor Charges

/ Texas Penal Code 42.105 – Cockfighting

5 MIN READ

Texas Penal Code 42.105 – Cockfighting

WHAT IS COCKFIGHTING IN TEXAS?

The Texas law against cockfighting prohibits knowingly participating in or attending a spectating event in which roosters fight one another, training roosters to fight, possessing sharp implements strapped to the roosters during a fight, and permitting cockfighting on their property.

WHAT IS THE COCKFIGHTING LAW IN TEXAS?

Tex. Penal Code § 42.105. COCKFIGHTING.

(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.

(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.

WHAT IS THE PENALTY CLASS FOR COCKFIGHTING IN TEXAS?

The penalty classification for cockfighting depends on the person’s conduct, and level of culpability.

State jail felony, punishable by 180 days to two years in a state jail facility, if the person commits the offense by:
- causing one cock to fight another; or
- participating in the earnings of cockfighting
Class A misdemeanor, punishable by up to one year in county jail, if the person commits the offense by:
- using or permitting another to use property for cockfighting;
- owning or training a cock with the intent that it be used to cockfight; or
- manufacturing, selling, buying, possessing, or otherwise offering a gaff, slasher, or other sharp implement designed to attach to a cock in a cockfight; or
- attending a cockfight as a spectator, and the person has a prior conviction for Class C misdemeanor cockfighting;
Class C misdemeanor, punishable by a maximum $500 fine, if:
- attending a cockfight as a spectator, unless the person has a prior conviction for Class C misdemeanor cockfighting, in which case it is a Class A misdemeanor.

WHAT IS THE PUNISHMENT RANGE FOR COCKFIGHTING IN TEXAS?

The punishment range for cockfighting charged as a Class C misdemeanor is a maximum $500 fine. A person charged with Class A misdemeanor cockfighting faces up to one year in jail, and a maximum $4,000 fine. Cockfighting charged as a state jail felony carries between 180 days and two years in a state jail facility, and a maximum $10,000 fine.

WHAT ARE THE PENALTIES FOR COCKFIGHTING IN TEXAS?

A person charged with cockfighting may be eligible for probation after a conviction, or deferred adjudication without a conviction. There is no probation term for a Class C misdemeanor conviction, but a person may be placed on deferred adjudication for up to 180 days.

A person charged with cockfighting as a Class A misdemeanor may be placed on community supervision for a period not to exceed two years. The community supervision term for a state jail felony may range from two to five years, with the possibility of extending supervision for up to ten years.

What are probation conditions for cockfighting in Texas? Texas Code of Criminal Procedure article 42A.511 permits a judge to order a person on community supervision for offenses involving animals to relinquish custody of all animals, complete psychological counseling, and the judge may prohibit the person from possessing or owning animals.

WHAT ARE THE DEFENSES TO COCKFIGHTING IN TEXAS?

A person charged with cockfighting may raise an affirmative defense if the person was breeding roosters for poultry shows, or the conduct was “incidental to collecting” bridles, gaffs, or slashers.

Other statutorily authorized defenses to cockfighting exist for a person conducting bona fide scientific experimentation for research, lawful animal husbandry, or engaging in agricultural practices.

Can minors be charged with cockfighting in Texas? The Texas cockfighting statute creates an exception for spectators under 16 years of age. This means a person 15 years old or younger who attends a cockfight as a spectator may not be convicted of Class C misdemeanor cockfighting in Texas. A person under 16 years old may, however, be charged with Class A misdemeanor or state jail felony cockfighting if the minor is actively breeding or fighting roosters, participating in the earnings of a cockfight, or is in possession of sharp implements.

WHAT IS THE STATUTE OF LIMITATIONS FOR COCKFIGHTING IN TEXAS?

The limitation period for cockfighting categorized as a misdemeanor is two years. For cockfighting classified as a state jail felony, the limitation period is three years.

COCKFIGHTING IN TEXAS

Texas law punishes a person who breeds, trains, possesses, and fights roosters or participates in the earnings of cockfighting. A person may also be charged with cockfighting for permitting others to use property for cockfighting, possessing sharp implements designed to be used in cockfights, or merely spectating at a cockfighting event.

TEXAS COCKFIGHTING COURT CASES

The case law regarding cockfighting in Texas shows the application of the statute.

In Nelson v. State, the defendants were convicted of possession of cockfighting implements after police raided land suspected of being used for cockfighting. Police found dead roosters obviously injured with objects, live roosters with sharp objects attached to them, and pits used for cockfights on the property. One of the defendants admitted to a box of sharp cockfighting implements being his. The appellate court affirmed the convictions, finding sufficient evidence.

Did like a post? Share it with:

REQUEST A FREE CONSULTATION

If you have been arrested and charged with a crime, it’s time to start building your defense.

Texas Penal Code 31.15 – Possession, Manufacture, or Distribution of Certain Instruments Used to Commit Retail Theft

Texas Penal Code 42.10 – Dog Fighting

Texas Penal Code 21.12 – Improper Relationship Between Educator and Student

Let's Get Legal on YouTube!

Tune In for Legal Tips, Laughs, and Learning

Explore More Legal Adventures: Discover Related Posts

Discover Related Posts

Am I eligible for a 12.44 Reduction?

Section 12.44 of the Texas Penal Code (12.44 reduction) allows defendants...

DWI 2nd Offense in Texas

The penalties for a second DWI offense (DWI-Repeat Offender) are severe....

Driving While License Suspended Or Invalid In Texas

Driving While License Invalid (DWLI) is a criminal offense in Texas....

Does a Class C Misdemeanor Stay on your Record in Texas?

Alcohol is available for in-store purchase beginning at 7 a.m. Monday...

Is Street Racing Illegal in Texas?

Alcohol is available for in-store purchase beginning at 7 a.m. Monday...

What is Speeding in Texas?

Speeding is a Class C misdemeanor punishable by a maximum $500...

Explore Our Legal Categories

constitutional rights

CRIMINAL CHARGES

DRIVER'S LICENSES

DWI CHARGES

EXPUNGEMENT

FELONY CHARGES

MISDEMEANOR CHARGES

PROBATION

Testimonials

What our clients think about us

M. Adams

Exceptional Defense Attorneys and firm.
I had the pleasure of being represented by Trey Porter Law. Attorney Joseph Strickland worked with me directly and was wit me at every court appearance and I couldn't be more satisfied with the outcome. From the outset, they set clear expectations on how they could help me avoid jail time for my DWI charge.

What truly stood out was their unwavering support throughout the entire process. They were always accessible, promptly addressing any questions I had. Ms. Aisley would answer my call and respond to my questions on the spot. This was especially crucial when my school and potential employers raised concerns about my pending charges. Joseph Strickland provided guidance on how to navigate these external challenges, showcasing their commitment to their clients beyond the courtroom.

Their professionalism, transparent communication, and dedication to my case made a significant impact, and I am grateful for the positive resolution they achieved. I highly recommend Trey Porter Law Firm for anyone in need of a skilled and supportive defense attorney and team.

C. Pollock

After a search of attorneys in my area I sought out Trey Porter Law Firm, impressed by the detailed information provided on the website and resounding client endorsements. From the introductory phone call, direct meeting, subsequent calls/emails/texts, and throughout my court appearance and disposition, all dealings have been exceptional. Everyone on the team has been friendly and responsive, while still being highly professional. I also very much appreciate the proactive approach taken throughout my case.

J. Givens

Mr. Porter an amazing attorney, he help me get through my situation swiftly and professionally as well as save me time and money in the process. Working with Mr. Porter was a pleasure, he kept me well informed and updated throughout the whole process which made things so much easier for me to understand. Mr. Porter and his team took the stress out of stressful situation. Mr. Porter and his team was always easy to contact and return my phone calls and emails promptly. I cannot give enough praise to Mr. Porter and his team. I had another attorney in the beginning who wad basically going to railroad me. I would definitely recommend Mr. Trey Porter again and again. If you’re looking for a great attorney who is affordable and knowledgeable and will fight for you, Trey Porter is the attorney to choose. Definitely a five star attorney.

J. Franklin

Trey and his staff are great and make sure to help you with all your questions to get through the process. Trey worked out the best outcome for my issue and got me an opportunity to get my charge expunged. Trey and his team made a negative experience end on a positive note. Truly recommend this law firm for your legal issues.

J. McKibbon

I would like to thank Trey Porter and his team regarding my DUI case. I truly could not have expected a better outcome regarding my case. This outcome only happened because of his expert knowledge and dedication to his profession. Trey really took time to explain every step of the process to me which really helped me make critical decisions on how to proceed. I am lucky to have come across his name and will only refer people to Mr. Porter regarding DUI offenses. Trey, I want to thank you publicly. Your expert handling of my D.U.I. got my case reduced to an outcome I was very pleased with. Nothing against my driving record, no loss of license and I’m positive this wouldn’t have turned out so well without you. Thanks for your hard work, empathy and responsiveness it really meant a lot to me.

R. Valdez

We hired Trey Porter to assist us last year. From the initial consultation up to and including the court hearing, Trey had a straight forward approach to the situation at hand. He explained everything along the way and was available at any time to discuss/answer any questions we had either by phone/text/email. With his experience and professionalism, we obtained the best outcome possible. We would highly recommend Trey Porter with no hesitation whatsoever. Five stars is definitely not enough!

B. Cantu

I highly recommend Trey Porter! He is very professional and attentive to each situation at hand. He does not beat around the bush. Straight forward and explains things very well. Easy to work with. Contacts you before you have to ever contact him. Detailed oriented. Driven to get you the best deal possible in your situation. Him and his staff were absolutely amazing for my situation. Thank you!

B. Patel

Trey is a phenomenal attorney that gets the job done right! He is dedicated to help his clients. He made himself available and answered all my concerns immediately! I had faith in him and he continued to prove his expertise by helping me. I highly recommend Trey Porter!!

D. Lopez

Mr. Porter was exceptional! He answered all my questions, was thorough throughout my case. Really pushed to go above and beyond to get us the results we were needing. Excellent professional service and as a professional I can definitely say I recommend him.

C. Jef

100/100
Excellent experience with Mr Porter and TPL law offices. They fought for me and they won! I hired Mr Porter after an embarrassing incident. My license and employment were on the line. The office had excellent communication and personal service — even through text message! Totally recommend Trey Porter 100/100!

T. Royal

5 STAR!
I hired Mr. Porter to represent my son in a DUI case. I was worried a conviction would ruin his future. Mr. Porter and the whole office were friendly, thorough, and poised throughout. They respond to text and calls almost instantly. We are just finishing the expunction process after the case was dismissed!!! I am grateful to Mr. Porter and recommend him to one and all. Excellent from start to finish. Thank you TPL!

A. Renaud

Winning
I won with Attorney Trey Porter! Had a criminal DWI .15 charge, small accident, but no injuries. This was my first criminal charge of my life. Mr. Porter was great to talk to — as was the entire office staff and other attorneys. Everyone was SO NICE! 9 long months passed and my charge was dismissed. No probation. No conviction. This experience was well worth the money. I recommend Trey Porter, Attorney at Law.

Unlock the Perks of Choosing Us!

CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15

Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.

CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15+

Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest.

CHARGES DISMISSED

DWI 2ND

Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.

Request
a free consultation

Contact Trey Porter Today

The stakes are high. Criminal charges can have devastating, lifelong consequences. During the free, confidential consultation, Mr. Porter will answer questions surrounding your legal matter, and discuss and identify potential defenses.

Contact Trey Porter Today

Request a free consultation