Arkansas Criminal Defense Blog ©

Most persons around the country have become aware of unlawful dogfight laws from hearing about the Michael Vick case. Mr. Vick plead guilty under a federal statute. However, the State of Arkansas has a similar unlawful dog fighting statute. To be found guilty in Arkansas you do not necessarily have to be caught “red-handed” in the middle of the dog fight. If the prosecutor can show that you possessed or trained dogs for the purpose of dog fighting, you may be found guilty.

If you have been charged with Unlawful Dog Fighting in Arkansas, feel free to call the Eisele Law Firm, P.A. at 501-315-5293 for a free consultation.

STATUTE

5-62-120. Unlawful dog fighting.

(a)(1) A person commits the offense of unlawful dog fighting in the first degree if he or she knowingly:

(A) Promotes, engages in, or is employed at dog fighting;

(B) Receives money for the admission of another person to a place kept for dog fighting; or

(C) Sells, purchases, possesses, or trains a dog for dog fighting.

(2) Unlawful dog fighting in the first degree is a Class D felony.

(b)(1) A person commits the offense of unlawful dog fighting in the second degree if he or she knowingly:

(A) Purchases a ticket of admission to or is present at a dog fight; or

(B) Witnesses a dog fight if it is presented as a public spectacle.

(2) Unlawful dog fighting in the second degree is a Class A misdemeanor.

(c) Upon the arrest of any person for violating a provision of this section, the arresting law enforcement officer or animal control officer may seize and take custody of all dogs in the possession of the arrested person.

(d)(1) Upon the conviction of any person for violating a provision of this section, any court of competent jurisdiction may order the forfeiture by the convicted person of all dogs the use of which was the basis of the conviction.

(2) Any dog ordered forfeited under a provision of this subsection shall be placed in the custody of a society which is incorporated for the prevention of cruelty to animals or an animal control agency.

(e) In addition to the fines, penalties, and forfeitures imposed under the provisions of this section, the court may require the defendant to make restitution to the state, any of its political subdivisions, or a society which is incorporated for the prevention of cruelty to animals for housing, feeding, or providing medical treatment to a dog used for unlawful dog fighting.

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Animal Cruelty offenses are treated seriously in the state of Arkansas. I have posted below the Arkansas statute: Cruelty to Animals. Arkansas Code Annotated 5-62-101 (2007).

Some of the high points you should remember:

1. The court can take your animal(s) from you.

2. The court can order a you to have a mental evaluation and/or treatment.

3. You may get up to one (1) year in jail and/or a $1,000.00 fine.
4. The court may order you to pay restitution to house and/or treat your animal.

5. A member of a society incorporated to prevent cruelty to animals has the power to arrest you in certain situations!

STATUTE

5-62-101. Cruelty to animals.

(a) A person commits the offense of cruelty to animals if, except as authorized by law, he or she knowingly:

(1) Abandons any animal;

(2) Subjects any animal to cruel mistreatment;

(3) Subjects any animal in his or her custody to cruel neglect; or

(4) Kills or injures any animal belonging to another without legal privilege or consent of the owner.

(b) Cruelty to animals is a Class A misdemeanor.

(c)(1) In addition to any other penalty provided by law, the court may order any person found guilty of cruelty to animals to receive a psychiatric or psychological evaluation, and if determined appropriate, psychiatric or psychological counseling or treatment.

(2) The cost of any evaluation, counseling, or treatment may be ordered paid by the defendant up to the jurisdictional limit of the court.

(d) If a person pleads guilty or nolo contendere to or is found guilty of cruelty to animals, the court may assign custody of the abused animal to a society which is incorporated for the prevention of cruelty to animals.

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