Canine Encounters, BPOC 736, Module M, Chapter 39 Flashcards
Define “deadly force.”
(a/k/a “lethal force”); use of force that is likely to cause serious bodily injury or death
Define “reckless injury of innocent third persons.”
Even though the use of force is justified against a violent person or animal, if in exercising the use of force an innocent third party is injured or killed, protection is unavailable in a prosecution for the reckless injury or killing of the innocent third party
What does the phrase “civil remedies unaffected” mean?
The fact that conduct is justified under this chapter does not abolish or impair any remedy for the conduct available in a civil lawsuit.
Define “abandon” according to PC 42.092 (Elements of Cruelty to Animals).
Leaving an animal in your custody behind without making reasonable arrangements for the assumption of custody by another person.
Define “animal” according to PC 42.092 (Elements of Cruelty to Animals).
A domesticated living creature (stray or feral cat or dog, or a wild living creature previously captured). The term does not include an uncaptured wild living creature or a livestock animal.
Define “cruel manner” according to PC 42.092 (Elements of Cruelty to Animals).
A manner that causes or permits unjustified or unwarranted pain or suffering
Define “custody” according to PC 42.092 (Elements of Cruelty to Animals).
Responsibility for an animal’s health, safety, and welfare subject to the person’s care and control, regardless of animal ownership
Define “depredation” according to PC 42.092 (Elements of Cruelty to Animals).
The loss of or damage to agricultural crops, livestock, poultry, wildlife, or personal property
Define “livestock animal” according to PC 42.092 (Elements of Cruelty to Animals).
(A) cattle, sheep, swine, goats, ratites, or poultry commonly raised for human consumption; (B) a horse, pony, mule, donkey, or hinny; (C) native or nonnative hoofstock raised under agriculture practices; or (D) native or nonnative fowl commonly raised under agricultural practices.
Define “necessary food, water, care, or shelter” according to PC 42.092 (Elements of Cruelty to Animals).
Food, water, care, or shelter provided to the extent required to maintain the animal in good health
Define “torture” according to PC 42.092 (Elements of Cruelty to Animals).
Any act that causes unjustifiable pain or suffering
Define “Trap-Neuter-Return Program” according to PC 42.092 (Elements of Cruelty to Animals).
A nonlethal population control practice in which an animal is (A) trapped; (B) evaluated by a veterinarian; (C) if unvaccinated, vaccinated by a veterinarian; (D) if unsterilized, sterilized by a veterinarian; (E) marked by a veterinarian, whether by notching or tipping one ear or otherwise; and (F) return a person to the trap location.
Define “veterinarian” according to PC 42.092 (Elements of Cruelty to Animals).
A person licensed by the board under this chapter to practice veterinary medicine
A person is being charged for the first time under PC 42.092(b)(3) for failing to provide food, water, care, or shelter for an animal in his control. What offense could the person be charged with? (A) Class A misdemeanor, (B) Class B misdemeanor, (C) Class C misdemeanor, or (D) State Jail Felony
(A)
A person is being charged for the second time under PC 42.092(b)(3) for failing to provide food, water, care, or shelter for an animal in his control. What offense could the person be charged with? (A) Class A misdemeanor, (B) Class B misdemeanor, (C) Class C misdemeanor, or (D) State Jail Felony
(D) State Jail Felony
A person is being charged for the first time under PC 42.092(b)(4) for unreasonably abandoning an animal in the person’s custody. What offense could the person be charged with? (A) Class A misdemeanor, (B) Class B misdemeanor, (C) Class C misdemeanor, or (D) State Jail Felony
(A)
A person is being charged for the second time under PC 42.092(b)(4) for unreasonably abandoning an animal in the person’s custody. What offense could the person be charged with? (A) Class A misdemeanor, (B) Class B misdemeanor, (C) Class C misdemeanor, or (D) State Jail Felony
(D) State Jail Felony
A person is being charged for the first time under PC 42.092(b)(5) for cruelly confining an animal in the person’s custody. What offense could the person be charged with? (A) Class A misdemeanor, (B) Class B misdemeanor, (C) Class C misdemeanor, or (D) State Jail Felony
(A)
A person is being charged for the second time under PC 42.092(b)(5) for cruelly confining an animal in the person’s custody. What offense could the person be charged with? (A) Class A misdemeanor, (B) Class B misdemeanor, (C) Class C misdemeanor, or (D) State Jail Felony
(D) State Jail Felony
A person is being charged for the first time under PC 42.092(b)(6) - without the owner’s consent, causing bodily injury to an animal. What offense could the person be charged with? (A) Class A misdemeanor, (B) Class B misdemeanor, (C) Class C misdemeanor, or (D) State Jail Felony
(A)
A person is being charged for the second time under PC 42.092(b)(6) - without the owner’s consent, causing bodily injury to an animal. What offense could the person be charged with? (A) Class A misdemeanor, (B) Class B misdemeanor, (C) Class C misdemeanor, or (D) State Jail Felony
(D) State Jail Felony
A person is being charged for the first time under PC 42.092(b)(9) - seriously overworking an animal. What offense could the person be charged with? (A) Class A misdemeanor, (B) Class B misdemeanor, (C) Class C misdemeanor, or (D) State Jail Felony
(A)
A person is being charged for the second time under PC 42.092(b)(9) - seriously overworking an animal. What offense could the person be charged with? (A) Class A misdemeanor, (B) Class B misdemeanor, (C) Class C misdemeanor, or (D) State Jail Felony
(D) State Jail Felony
A person is being charged for the first time under PC 42.092(b)(1) - torturing an animal or cruelly killing or causing serious bodily injury to an animal. What offense could the person be charged with? (A) Class A misdemeanor, (B) 1st Degree Felony, (C) 2nd Degree Felony, or (D) 3rd Degree Felony
(D) Third Degree Felony