A question about a dog being killed

[K.Mooneyham]

I know there are a LOT of well-educated folks on this forum, across many topics, particularly the laws. So, hopefully someone here will have a good answer to this.

A friend of mine's dog was poisoned some time back. To the best of my knowledge, it was poisoned on her property, not out wandering around. She called local law enforcement where she lives and reported it. They told her there was nothing they could do about it, meaning the law didn't cover that. Does anyone know if that is correct? If it is illegal, can someone tell me where to find that in P.C.? Thank you all in advance.

[bubba84]

Texas Penal Code 42.092

[bubba84]

(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;

(3) fails unreasonably to provide necessary food, water, care, or shelter for an animal in the person's custody;

(4) abandons unreasonably an animal in the person's custody;

(5) transports or confines an animal in a cruel manner;

(6) without the owner's effective consent, causes bodily injury to an animal;

(7) causes one animal to fight with another animal, if either animal is not a dog;

(8) uses a live animal as a lure in dog race training or in dog coursing on a racetrack;  or

(9) seriously overworks an animal.

(c) An offense under Subsection (b)(3), (4), (5), (6), or (9) is a Class A misdemeanor, except that the offense is a state jail felony if the person has previously been convicted two times under this section, two times under Section 42.09 , or one time under this section and one time under Section 42.09 .

(c-1) An offense under Subsection (b)(1) or (2) is a felony of the third degree, except that the offense is a felony of the second degree if the person has previously been convicted under Subsection (b)(1), (2), (7), or (8) or under Section 42.09 .

(c-2) An offense under Subsection (b)(7) or (8) is a state jail felony, except that the offense is a felony of the third degree if the person has previously been convicted under this section or under Section 42.09 .

(d) It is a defense to prosecution under this section that:

(1) the actor had a reasonable fear of bodily injury to the actor or to another person by a dangerous wild animal as defined by Section 822.101, Health and Safety Code ;  or

(2) the actor was engaged in bona fide experimentation for scientific research.

(e) It is a defense to prosecution under Subsection (b)(2) or (6) that:

(1) the animal was discovered on the person's property in the act of or after injuring or killing the person's livestock animals or damaging the person's crops and that the person killed or injured the animal at the time of this discovery;  or

(2) the person killed or injured the animal within the scope of the person's employment as a public servant or in furtherance of activities or operations associated with electricity transmission or distribution, electricity generation or operations associated with the generation of electricity, or natural gas delivery.

(f) It is an exception to the application of this section that the conduct engaged in by the actor is a generally accepted and otherwise lawful:

(1) form of conduct occurring solely for the purpose of or in support of:

(A) fishing, hunting, or trapping;  or

(B) wildlife management, wildlife or depredation control, or shooting preserve practices as regulated by state and federal law;  or

(2) animal husbandry or agriculture practice involving livestock animals.

(g) This section does not create a civil cause of action for damages or enforcement of the section

[txbirddog]

I would think that would be covered under destruction of private property. IANAL She will probably also need to get a necropsy on the animal with poison screen. May be more than they want to spend.

[03Lightningrocks]

I hate a person who would kill an innocent dog more than I can describe. I hope they get the low life scum who did that.

[K.Mooneyham]

Thank you all so very much. That is EXACTLY the information I was looking for. Hope y'all have a great day.

[C-dub]

The tough part is proving who poisoned the dog.

A friend of mine had her dog poisoned several years back along with several other neighbors. Over the next few weeks most of those houses were broken into when the homeowners were away.

[Paladin]

A friend of mine had her dog poisoned several years back along with several other neighbors. Over the next few weeks most of those houses were broken into when the homeowners were away.

This. It is possible that some sick evil person is trying to gain easier access to your friend's property. I've seen it happen before.