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
A person is being charged for the second 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
(C) 2nd Degree Felony
A person is being charged for the first time under PC 42.092(b)(2) - without the owner’s effective consent, kills, administers poison to, or causes 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
A person is being charged for the second time under PC 42.092(b)(2) - without the owner’s effective consent, kills, administers poison to, or causes 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
(C) 2nd Degree Felony
A person is being charged for the first time under PC 42.092(b)(7) - causing one animal to fight with another animal if either animal is not a dog. What offense could the person be charged with? (A) State Jail Felony, (B) 1st Degree Felony, (C) 2nd Degree Felony, or (D) 3rd Degree Felony
(A) State Jail Felony
A person is being charged for the second time under PC 42.092(b)(7) - causing one animal to fight with another animal if either animal is not a dog. 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
(C) 3rd Degree Felony
A person is being charged for the first time under PC 42.092(b)(8) - using a live animal as a lure in dog race training or dog coursing on a racetrack. What offense could the person be charged with? (A) State Jail Felony, (B) 1st Degree Felony, (C) 2nd Degree Felony, or (D) 3rd Degree Felony
(A) State Jail Felony
A person is being charged for the second time under PC 42.092(b)(8) - using a live animal as a lure in dog race training or dog coursing on a racetrack. 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
(C) 3rd Degree Felony
It is a defense to prosecution under PC 42.092 if the actor had a reasonable fear of bodily injury to self or another person by a dangerous animal as defined by Section 822.101, Health and Safety Code.
It is a defense to prosecution under PC 42.092 if __________ had a reasonable ___________ of _______________ to _______ or _________________ by a ________________________ as defined in Section 822.101, Health and Safety Code.
It is a defense to prosecution under PC 42.092(b)(2) or (6) that 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 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 related to electricity generation, or natural gas delivery.
It is a defense to prosecution under PC 42.092(b)(2) or (6) [causes bodily injury to an animal] if the animal was discovered on the person’s ____________ in the act of or after _________ or __________ the person’s livestock animals or damaging the person’s crops and that the person __________ or _________ the animal ________________ this discovery; or the person killed or injured the animal within the scope of ___________ _______________ as a ___________________ or in furtherance of activities or operations associated with _________________ transmission or distribution, ______________ generation, or operations related to _________________ generation or ___________________ delivery.
It is a defense to prosecution under PC 42.092(b)(4) [Abandons unreasonably an animal in the person’s custody] that the actor released or returned a stray or feral animal that is not a wild living creature according to a Trap-Neuter-Return Program or that the actor released or returned a previously trapped wild living creature under Texas wildlife laws and regulations.
It is a defense to prosecution under PC 42.092(b)(4) [Abandons unreasonably an animal in the person’s custody] that the actor released or returned a _________ or _________ animal that is not a __________________ according to a Trap-Neuter-Return Program or that the actor released or returned a __________________ wild living creature under Texas wildlife laws and regulations.
Define “animal control authority” per THSC 822.041.
A municipal or county animal control office with authority over the area where the dog is kept, or a county sheriff with no animal control office.
Define “dangerous dog” per THSC 822.041.
Known to commit unprovoked attacks which cause bodily injury
Define “dog” per THSC 822.041.
A domesticated animal member of the canine family
Define “secure enclosure” per THSC 822.041.
A locked fenced area or structure capable of preventing public entry and the escape of a dangerous dog, clearly marked as containing a dangerous dog, conforming with animal control requirements.
Define “owner” per THSC 822.041.
A person who owns or has custody or control of a dog.
When may the animal control authority investigate the potential that a dog is dangerous per THSC 822.0421?
When a person reports an incident involving an attack by a dog.
When may the animal control authority declare a dog is a “dangerous dog” per THSC 822.0421?
If, after receiving and reviewing sworn statements of witnesses to a reported incident, the animal control authority concludes that the dog is a “dangerous dog,” it shall notify the owner in writing of its determination.
Does the owner of a dog designated as a “dangerous dog” have a right of appeal? If yes, to whom?
Yes. The owner may appeal to a justice, county, or municipal court of competent jurisdiction.
How does the owner of a “dangerous dog” file an appeal?
(1) File a Notice of Appeal with the court; (2) attach a copy of the determination from the animal control authority; (3) serve a copy of the Notice on the animal control authority.
How long does the owner of a “dangerous dog” have to file an appeal of the animal control decision?
15 days
What steps must the owner of a “dangerous dog” follow within 30 days of notification by animal control?
(1) Register the dangerous dog with the animal control authority for the area where the dog is kept; (2) restrain the dog at all times, (3) obtain liability insurance for a minimum of $100,000 covering damages if the dog injures anyone or any animal in the future, (4) comply with any municipal or county regulations on dangerous dogs.
What must the owner of a “dangerous dog” do if they do not plan to comply with the requirements of Subsection 822.042(a)?
The owner must turn the “dangerous dog” over to the animal control authority.
What will occur if the owner of a “dangerous dog” fails to comply with Subsection 822.042(a)?
The court will order animal control to seize and impound the dog securely and humanely.
What is the owner’s responsibility if a “dangerous dog” is seized, impounded, or destroyed by court order?
The owner shall pay any cost or fee the municipality or county assesses.
How long does the owner of a “dangerous dog” have to correct the deficiencies leading to the dog’s impoundment and pick the dog up from the municipality or county?
11 days
What is the court’s recourse if the owner fails to correct deficiencies and pick the dog up within 11 days?
To order the “dangerous dog” be destroyed.