SHB 1304 -
By Senators Carrell, Weinstein, Hargrove
ADOPTED 04/14/2005
On page 2, after line 17, 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 animal 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 with the intent that the
animal shall be engaged in an exhibition of fighting with another
animal;
(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 animal fighting, transports spectators
to an animal fight, or provides or serves as a stakeholder for any
money wagered on an animal 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 animal fighting, or
manages or accepts payment of admission to any place kept or used for
the purpose of animal 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 animal fighting; or
(e) Takes, leads away, possesses, confines, sells, transfers, or
receives a stray animal or a pet animal, with the intent to deprive the
owner of the pet animal, and with the intent of using the stray animal
or pet animal for animal fighting, or for training or baiting for the
purpose of animal 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.
(4) For the purposes of this section, "animal" means dogs or male
chickens."
EFFECT: Raises the crime of animal 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 animal with
the intent that the animal will be used for fighting;
Participates in, advertises, or performs any service in the
furtherance of an animal fight;
Transports spectators to an animal fight or accepts payment for
admission to an animal fight;
Keeps or uses a place for animal fighting or allows a place to be
used for animal fighting;
Serves as a stakeholder for any money wagered on an animal fight;
and
Takes or receives a stray or pet animal with the intent of using
the stray animal or pet animal for animal fighting or for training or
baiting for animal fighting.
Removes the specific provision making it a crime to be a spectator
at an animal fight (participation in an animal fight remains a criminal
offense).
Defines "animal" to mean dogs or male chickens.