TEXAS PENAL CODE SECTIONS 42.09 AND 42.10 SEEM TO BE INCONSISTENT WHERE DOG FIGHTING IS CONCERNED. 42.09(6) MAKES IT A FELONY TO CAUSE "ONE ANIMAL TO FIGHT WITH ANOTHER," WHEREAS 42.10 MAKES IT ONLY A MISDEMEANOR TO CAUSE "A DOG TO FIGHT WITH ANOTHER DOG" (UNLESS OTHER FACTORS ARE INVOLVED).

CAN ANYONE EXPLAIN THIS APPARENT INCONSISTENCY?

HAS ANYONE ATTEMPTED TO PROSECUTE DOG FIGHTING UNDER 42.09(6) RATHER THAN 42.10? HAVE YOU BEEN SUCCESSFUL?

THANKS!