EAST TEXAS HOG DOGGERS FORUM

Hello guys and guys i was just wondering if anyone knew a webpage or a link i could look at to see the laws on someone shooting ur dog ,because it went on someone else's property. I know there was a thread one here earlier this month and thought keeping a copy of this on hand might be a good idea. I brought this up because a guy told me a few days ago he shot someone's hog dog, and needless to say i got pissed. I told him you couldnt shot a dog just for being on the property(that he doesnt own, he works for the land owner). He said the landowner told him to shoot any dog he saw on the property and that gave him the right. I told him the dog had to be chasing livestock or damaging the property and he said he would tell the cops that was the case, which it wasnt. I know it would be your word against his but just thought there would be something you could do. Any info would be appreciated!!!! THANKS

Alot of people talk tough about shooting dogs till they find out the consequences. But there are some doodooheads that really will. If any body knows where the thread was that had the actual penal codes in it could you please link to it and maybe we could sticky the penal codes in the laws section?

You may need to give the guy the Clyde Bird speech. I was hunting with Clyde one time when a man went to rant'n and raveing about shooting our dogs. Clyde told him, if you shoot my dog, I will cut your fence between every post, gut shoot every cow you own, then I'm going to whip you with a chain. The man put up his gun.

Clyde told him, if you shoot my dog, I will cut your fence between every post, gut shoot every cow you own, then I'm going to whip you with a chain. The man put up his gun. ;D ;D ;D

I like it, good advise

lol ,,,it sounds like clyde means business.

 ;D ;D ;D I like clyde's thinkin.

I used to say the first dog is worth three cows and a couple tractors, the second dog is nine cows and I burn your buildings down, you don't want to shoot more than that. But I like Clyde's way better. Just put it all on the table with the first dog. I do serious trash breaking so I know when someone shoots any of my dogs it is on. Some say it is my word against theirs. But I won't call the law or leave evidence.

here is the link

http://www.animallaw.info/statutes/stustx42_09.htm


here is the statute



§ 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;

(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. An offense under Subsection (b)(1), (2), (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 two times under this section, two times under Section 42.09, or one time under this section and one time 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.

CREDIT(S)

Added by Acts 2007, 80th Leg., ch. 886, § 2, eff. Sept. 1, 2007.

 

i have no idea why there are smileys in the above post, especially next to the word "torture".  Ironic. 

There's a good neighbor policy that landowners generally follow (see campbell timberland hunting lease agreements available on the web). Landowners livestock are just as likely to cross a fence as is a hunter's dog. If a dog harasses livestock, or if the property owner feels threatened, then the landowner may be able to shoot your dog.

I worry about this all the time. I hunt all over the state.

http://www.roaddrivers.org/fivedogskilled.htm

http://www.denverpost.com/ci_8691905?source=pkg