Houston, TX asked in Criminal Law and Animal / Dog Law for Texas

Q: In Texas, what constitutes animal cruelty on both the municipal and federal levels? Spanking? Screaming? Slapping?

A friend fears her dog being removed from her, as a result of grabbing the dog, prying its mouth open using her own hands and using her knuckles to rub the skin over the teeth so the dog would release some over the counter liquigel capsules. She grabbed him by the head and shoulders in panic and slapping the side of his snout..this all occurred in the backseat of her suv while parked in a public lot with 3/4 of the doors open. She had been cleaning out the vehicle of trash, papers, etc. The dog didnt cry or whimper, she was able to retrieve the pills from his mouth after holding him tightly down and forcing her hand. Her fear is that others saw or recorded this event and may report her for animal cruelty/have the dog seized. She and I have been on google and the TX law is vague on what "torture" and "cruelty means, "intention and reckless" She intentionally hurt the dog so he would open his mouth to get the pills. No priors of any kind. Should she be worried they will take him?

1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: Anyone can be arrested for anything. However, they will only be convicted if they take a plea deal or if the government can prove every element of the offense beyond a reasonable doubt.

It sounds like you are asking about Texas Penal Code Sec. 42.092 CRUELTY TO NONLIVESTOCK ANIMALS which you can read here:

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.42.htm#42.092

1 user found this answer helpful

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