Health & Safety Code · §42.092
Cruelty to Non-Livestock Animals
Cruelty to Non-Livestock Animals (§42.092): key points and worked practice questions for Texas peace officer exam preparation.
Key points
- Intentionally, knowingly, recklessly, or with criminal negligence
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Worked examples
Worked example 1
Cruelty to non-livestock animals (Tex. Penal Code §42.092 — referenced from HSC ch. 821) is what level?
- Class C misdemeanor
- Depends on the conduct — Class A misdemeanor for neglect, abandonment, cruel transport or confinement, causing bodily injury, or overworking; state jail felony for animal fighting or live-lure use; third-degree felony for torture, or cruelly killing or causing serious bodily injury Correct
- Always Class A
- Felony only with deadly weapon
Why: Cruelty to non-livestock animals (§42.092): offenses under (b)(3), (4), (5), (6), or (9) are Class A misdemeanors, state jail felonies with two qualifying priors (§42.092(c)); animal fighting and live-lure offenses under (b)(7)–(8) are state jail felonies, third degree with a prior (c-2); torture, or cruelly killing or causing serious bodily injury, and killing, poisoning or seriously injuring an animal without the owner's consent, under (b)(1)–(2) are third-degree felonies, second degree with a qualifying prior (c-1). Cruelty to livestock animals (§42.09) is a separate statute.
Statute: Tex. Penal Code §42.092
Statutory definitions for this topic
- Cruelty to non-livestock animal Tex. Penal Code §42.092
- Penal Code offense covering most companion animals (dogs, cats, etc.). Torture, cruel killing, or causing serious bodily injury is a third-degree felony (second degree with a prior) (§42.092(c-1)); animal fighting and live-animal lures are state jail felonies (third degree with a prior) (§42.092(c-2)); other forms are generally Class A misdemeanors.