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mojo84 wrote:In whatever context. The law you pointed out didn't specify context?
mojo84 wrote:jbarn wrote:Texas Penal Code
Sec. 42.092. CRUELTY TO NONLIVESTOCK ANIMALS. (a) In this section:
(1) "Abandon" includes abandoning an animal in the person's custody without making reasonable arrangements for assumption of custody by another person.
(2) "Animal" means a domesticated living creature, including any stray or feral cat or dog, and a wild living creature previously captured. The term does not include an uncaptured wild living creature or a livestock animal.
(3) "Cruel manner" includes a manner that causes or permits unjustified or unwarranted pain or suffering.
(4) "Custody" includes responsibility for the health, safety, and welfare of an animal subject to the person's care and control, regardless of ownership of the animal.
(5) "Depredation" has the meaning assigned by Section 71.001, Parks and Wildlife Code.
(6) "Livestock animal" has the meaning assigned by Section 42.09.
(7) "Necessary food, water, care, or shelter" includes food, water, care, or shelter provided to the extent required to maintain the animal in a state of good health.
(8) "Torture" includes any act that causes unjustifiable pain or suffering.
(b) A person commits an offense if the person intentionally, knowingly, or recklessly:
(1) tortures an animal or in a cruel manner kills or causes serious bodily injury to an animal;
(2) without the owner's effective consent, kills, administers poison to, or causes serious bodily injury to an animal;
How does shooting one in the back of the head and letting it suffer fit with the part of the law you highlited in red? Seems to me it would be against the law.
Texas Penal Code
Sec. 42.092. CRUELTY TO NONLIVESTOCK ANIMALS. (a) In this section:
(1) "Abandon" includes abandoning an animal in the person's custody without making reasonable arrangements for assumption of custody by another person.
(2) "Animal" means a domesticated living creature, including any stray or feral cat or dog, and a wild living creature previously captured. The term does not include an uncaptured wild living creature or a livestock animal.
(3) "Cruel manner" includes a manner that causes or permits unjustified or unwarranted pain or suffering.
(4) "Custody" includes responsibility for the health, safety, and welfare of an animal subject to the person's care and control, regardless of ownership of the animal.
(5) "Depredation" has the meaning assigned by Section 71.001, Parks and Wildlife Code.
(6) "Livestock animal" has the meaning assigned by Section 42.09.
(7) "Necessary food, water, care, or shelter" includes food, water, care, or shelter provided to the extent required to maintain the animal in a state of good health.
(8) "Torture" includes any act that causes unjustifiable pain or suffering.
(b) A person commits an offense if the person intentionally, knowingly, or recklessly:
(1) tortures an animal or in a cruel manner kills or causes serious bodily injury to an animal;
(2) without the owner's effective consent, kills, administers poison to, or causes serious bodily injury to an animal;
That is a definition, not a law that prohibits any behavior.WildBill wrote:Does this apply only to wild animals? i.e. not dogs or pets?
Section 822.101, Health and Safety Code.
SUBCHAPTER E. DANGEROUS WILD ANIMALS
Sec. 822.101. DEFINITIONS. In this subchapter:
(1) "Animal registration agency" means the municipal or county animal control office with authority over the area where a dangerous wild animal is kept or a county sheriff in an area that does not have an animal control office.
(2) "Board" means the Texas Board of Health.
(3) "Commercial activity" means:
(A) an activity involving a dangerous wild animal conducted for profit that is not inherent to the animal's nature;
(B) an activity for which a fee is charged and that is entertainment using or an exhibition of the animal; or
(C) the selling, trading, bartering, or auctioning of a dangerous wild animal or a dangerous wild animal's body parts.
(4) "Dangerous wild animal" means:
(A) a lion;
(B) a tiger;
(C) an ocelot;
(D) a cougar;
(E) a leopard;
(F) a cheetah;
(G) a jaguar;
(H) a bobcat;
(I) a lynx;
(J) a serval;
(K) a caracal;
(L) a hyena;
(M) a bear;
(N) a coyote;
(O) a jackal;
(P) a baboon;
(Q) a chimpanzee;
(R) an orangutan;
(S) a gorilla; or
(T) any hybrid of an animal listed in this subdivision
It is also a penal code offense to injure or kill anothers animal without their permission. 46.01 does not provide a defense to that law. However, penal code 9.22 necessity seems to cover it.kg5ie wrote:46.01 Disorderly Conduct (discharging a firearm) says:packinmama wrote:Question for y'all: As a CHL holder, if I am being chased or attacked by a wild or domestic animal that has put me in fear of my life or my child's life, would I be legally justified in shooting it?
e) It is a defense to prosecution for an offense under Subsection (a)(7) or (9) that the person who discharged the firearm had a reasonable fear of bodily injury to the person or to another by a dangerous wild animal as defined by Section 822.101, Health and Safety Code.
