Animal control officer fired after shooting at dog

[drw]

My wife mentioned that nobody has cited the state code that makes it a felony to shoot a dog...

[seamusTX]

PC § 42.092. CRUELTY TO NONLIVESTOCK ANIMALS.
(b) A person commits an offense if the person intentionally, knowingly, or recklessly:
(2) without the owner's effective consent, kills, administers poison to, or causes serious bodily injury to an
animal;
(c) An offense under Subsection (b)(1), (2), (7), or (8) is a state jail felony,...

- Jim

[drw]

Jim, that's very helpful, I appreciate that! This has been a very constructive and educational thread.

[txmatt]

So 822.013 of the Health Code says that you may kill a dog that has or is about to attack a domestic animal, but PC 42.092 makes it a state jail felony to kill a dog except under very limited circumstances which do not include protection of domestic animals. So which is it?

Does the fact that the act is specificly allowed by another section of code trump the general prohibition of it in the penal code? I imagine a DA so inclined could make one's life difficult should that ever come up.

[Keith B]

So 822.013 of the Health Code says that you may kill a dog that has or is about to attack a domestic animal, but PC 42.092 makes it a state jail felony to kill a dog except under very limited circumstances which do not include protection of domestic animals. So which is it?

Does the fact that the act is specificly allowed by another section of code trump the general prohibition of it in the penal code? I imagine a DA so inclined could make one's life difficult should that ever come up.

In the case of defense against a dog that was about to attack a domestic animal, they could potentially argue that 42.092 does not allow you to defend unless they HAVE attacked, but you would have to state 822.013 as your defense.

This is just another one of those cases where the statutes conflict and you need a good lawyer to be a better actor in your behalf and win over the judge or jury. Or better yet convince the prosecutor not to follow through with charges.

[drw]

The law clearly states "about to attack".

Dog(s) running toward your livestock would qualify as an "about to attack" scenario, and I believe most people would agree.

[seamusTX]

I dislike depending upon prosecutorial discretion, but that is going to come into play when someone kills an animal.

If someone kills a large dog that attacks, no honest prosecutor is going to bring charges.

If someone kills a chihuahua because it bit their cowboy boot, and the dog owner wants to make an issue of it, it's quite possible.

BTW, I'm aware of one case being prosecuted under this law. A dog bit a child in Texas City recently. The dog's owner susequently hanged the dog from a tree until it died. She is being prosecuted for cruelty under this law.

It's legal to kill your own animal humanely, but not by torturing it.

- Jim