SHB 1304 -
By Senator Carrell
OUT OF ORDER 04/14/2005
Beginning on page 1, line 2 of the amendment, strike all of section 3 and insert the following:
"Sec. 3 RCW 16.52.117 and 1994 c 261 s 11 are each amended to
read as follows:
(1) ((Any)) A person ((who does any of the following is guilty of
a gross misdemeanor punishable by imprisonment not to exceed one year,
or by a fine not to exceed five thousand dollars, or by both fine and
imprisonment)) commits the crime of dog fighting if the person
knowingly does any of the following:
(a) Owns, possesses, keeps, ((or)) breeds, trains, buys, sells, or
advertises or offers for sale any ((animal)) dog with the intent that
the ((animal)) dog shall be engaged in an exhibition of fighting with
another ((animal)) dog;
(b) ((For amusement or gain causes any animal to fight with another
animal, or causes any animals to injure each other; or)) Promotes, organizes,
conducts, participates in, advertises, or performs any service in the
furtherance of an exhibition of dog fighting, transports spectators to
a dog fight, or provides or serves as a stakeholder for any money
wagered on a dog fight;
(c) Permits any act in violation of (a) or (b) of this subsection
to be done on any premises under his or her charge or control, or
promotes or aids or abets any such act.
(c) Keeps or uses any place for the purpose of dog fighting, or
manages or accepts payment of admission to any place kept or used for
the purpose of dog fighting;
(d) Suffers or permits any place over which the person has
possession or control to be occupied, kept, or used for the purpose of
an exhibition of dog fighting; or
(e) Takes, leads away, possesses, confines, sells, transfers, or
receives a stray dog or a pet dog, with the intent to deprive the owner
of the pet dog, and with the intent of using the stray dog or pet dog
for dog fighting, or for training or baiting for the purpose of dog
fighting.
(2) ((Any person who is knowingly present, as a spectator, at any
place or building where preparations are being made for an exhibition
of the fighting of animals, with the intent to be present at such
preparations, or is knowingly present at such exhibition or at any
other fighting or injuring as described in subsection (1)(b) of this
section, with the intent to be present at such exhibition, fighting, or
injuring, is guilty of a misdemeanor.)) A person who violates this
section is guilty of a class C felony punishable under RCW 9A.20.021.
(3) Nothing in this section ((may)) prohibits the following:
(a) The use of dogs in the management of livestock, as defined by
chapter 16.57 RCW, by the owner of the livestock or the owner's
employees or agents or other persons in lawful custody of the
livestock;
(b) The use of dogs in hunting as permitted by law; or
(c) The training of animals or the use of equipment in the training
of animals for any purpose not prohibited by law."
EFFECT: Raises the crime of dog fighting from a gross misdemeanor
to a class C felony and expands the crime to include a person who
knowingly:
Breeds, buys, sells, advertises, or offers for sale any dog with
the intent that the dog will be used for fighting;
Participates in, advertises, or performs any service in the
furtherance of a dog fight;
Transports spectators to a dog fight or accepts payment for
admission to a dog fight;
Keeps or uses a place for dog fighting or allows a place to be used
for dog fighting;
Serves as a stakeholder for any money wagered on a dog fight; and
Takes or receives a stray or pet dog with the intent of using the
stray dog or pet dog for dog fighting or for training or baiting for
dog fighting.
Removes the specific provision making it a crime to be a spectator
at a dog fight (participation in a dog fight remains a criminal
offense).