Need a little clarification. PC 42.10(a)(1) calls dog fighting a class a misdemeanor. PC 42.09(a)(6) calls one animal fighting another as a state jail. Since a dog is an animal, I believe I can charge dog fighting as a felony. Is this correct?
Someone correct me if I'm wrong, but when an act falls under 2 statutes, and one statute is more specific than the other, you must charge under the specific statute.
Are you referring to the doctrine of "in pari materia"?
I forgot Latin after high school. All kidding aside, yes, I believe that's the term.
Appears prosecutors in Dallas did something similar in CAREY DEUNDRA MCMILLIAN, Appellant v. THE STATE OF TEXAS, Appellee, 2005 Tex. App. LEXIS 9203. They appeared to charge torture or killing/serious injury. They also charged dogfighting. Did dogfighting use to be a felony?
I think some dog fighting offenses under that section are state jail felonies, while others are misdemeanors.
On a related note, CCP Art. 18.18, which authorizes the confiscation and forfeiture of dog-fighting equipment, seems to be worded broadly enough to apply in either case.
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