This document includes House Committee Amendments incorporated into the bill on Mon, Jan 24, 2022 at 7:51 AM by pflowers.
This document includes House Floor Amendments incorporated into the bill on Thu, Jan 27, 2022 at 1:09 PM by lfindlay.
This document includes House Floor Amendments incorporated into the bill on Fri, Jan 28, 2022 at 12:42 PM by pflowers.
1     
ANIMAL FIGHTING PENALTIES

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Marsha Judkins

5     
Senate Sponsor: Todd D. Weiler

6     

7     LONG TITLE
8     General Description:
9          This bill broadens the application of the dog fighting statute to all animals.
10     Highlighted Provisions:
11          This bill:
12          ▸     changes "dog" to "animal" to prohibit the training or exhibition of any animal for
13     the purpose of fighting other animals;
14          ▸     repeals the cockfighting statute; and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          76-9-301, as last amended by Laws of Utah 2021, Chapter 57
23          76-9-301.1, as last amended by Laws of Utah 2010, Chapter 324
24          76-9-301.5, as last amended by Laws of Utah 2008, Chapter 292
25          77-23a-8, as last amended by Laws of Utah 2019, Chapter 211
26     REPEALS:
27          76-9-301.3, as enacted by Laws of Utah 2015, Chapter 329
28     

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 76-9-301 is amended to read:
31          76-9-301. Cruelty to animals.
32          (1) As used in this section:
33          (a) (i) "Abandon" means to intentionally deposit, leave, or drop off any live animal:
34          (A) without providing for the care of that animal, in accordance with accepted animal
35     husbandry practices or customary farming practices; or
36          (B) in a situation where conditions present an immediate, direct, and serious threat to
37     the life, safety, or health of the animal.
38          (ii) "Abandon" does not include returning wildlife to its natural habitat.
39          (b) (i) "Animal" means, except as provided in Subsection (1)(b)(ii), a live, nonhuman
40     vertebrate creature.
41          (ii) "Animal" does not include:
42          (A) a live, nonhuman vertebrate creature, if:
43          (I) the conduct toward the creature, and the care provided to the creature, is in
44     accordance with accepted animal husbandry practices; and
45          (II) the creature is:
46          (Aa) owned or kept by a zoological park that is accredited by, or a member of, the
47     American Zoo and Aquarium Association;
48          (Bb) kept, owned, or used for the purpose of training hunting dogs or raptors; or
49          (Cc) temporarily in the state as part of a circus or traveling exhibitor licensed by the
50     United States Department of Agriculture under 7 U.S.C. 2133;
51          (B) a live, nonhuman vertebrate creature that is owned, kept, or used for rodeo
52     purposes, if the conduct toward the creature, and the care provided to the creature, is in
53     accordance with accepted rodeo practices;
54          (C) livestock, if the conduct toward the creature, and the care provided to the creature,
55     is in accordance with accepted animal husbandry practices or customary farming practices; or
56          (D) wildlife, as defined in Section 23-13-2, including protected and unprotected
57     wildlife, if the conduct toward the wildlife is in accordance with lawful hunting, fishing, or
58     trapping practices or other lawful practices.
59          (c) "Companion animal" means an animal that is a domestic dog or a domestic cat.
60          (d) "Custody" means ownership, possession, or control over an animal.
61          (e) "Legal privilege" means an act that:
62          (i) is authorized by state law, including Division of Wildlife Resources rules; and
63          (ii) is not in violation of a local ordinance.
64          (f) "Livestock" means:
65          (i) domesticated:
66          (A) cattle;
67          (B) sheep;
68          (C) goats;
69          (D) turkeys;
70          (E) swine;
71          (F) equines;
72          (G) camelidae;
73          (H) ratites; or
74          (I) bison;
75          (ii) domesticated elk, as defined in Section 4-39-102;
76          (iii) a livestock guardian dog, as defined in Section 76-6-111; or
77          (iv) any domesticated nonhuman vertebrate creature, domestic furbearer, or domestic
78     poultry, raised, kept, or used for agricultural purposes.
79          (g) "Necessary food, water, care, or shelter" means the following, taking into account
80     the species, age, and physical condition of the animal:
81          (i) appropriate and essential food and water;
82          (ii) adequate protection, including appropriate shelter, against extreme weather
83     conditions; and
84          (iii) other essential care.
85          (h) "Torture" means intentionally or knowingly causing or inflicting extreme physical
86     pain to an animal in an especially heinous, atrocious, cruel, or exceptionally depraved manner.
87          (2) Except as provided in Subsection (4) or (6), [a person] an actor is guilty of cruelty
88     to an animal if the [person] actor, without legal privilege to do so, intentionally, knowingly,
89     recklessly, or with criminal negligence:
90          (a) fails to provide necessary food, water, care, or shelter for an animal in the person's
91     custody;
92          (b) abandons an animal in the person's custody; Ĥ→ or ←Ĥ
93          (c) injures an animal Ĥ→ . [; or
94          (d) causes any animal[, not including a dog or game fowl,] to fight with another animal
95     [of like kind] for amusement or gain[; or].] ←Ĥ
96          [(e) causes any animal, including a dog or game fowl, to fight with a different kind of
97     animal or creature for amusement or gain.]
98          (3) Except as provided in Section 76-9-301.7, a violation of Subsection (2) is:
99          (a) a class B misdemeanor if committed intentionally or knowingly; and
100          (b) a class C misdemeanor if committed recklessly or with criminal negligence.
101          (4) [A person] An actor is guilty of aggravated cruelty to an animal if the [person]
102     actor:
103          (a) tortures an animal;
104          (b) administers, or causes to be administered, poison or a poisonous substance to an
105     animal; or
106          (c) kills an animal or causes an animal to be killed without having a legal privilege to
107     do so.
108          (5) Except as provided in Subsection (6) or Section 76-9-301.7, a violation of
109     Subsection (4) is:
110          (a) a class A misdemeanor if committed intentionally or knowingly;
111          (b) a class B misdemeanor if committed recklessly; and
112          (c) a class C misdemeanor if committed with criminal negligence.
113          (6) [A person] An actor is guilty of a third degree felony if the [person] actor
114     intentionally or knowingly tortures a companion animal.
115          (7) It is a defense to prosecution under this section that the conduct of the actor towards
116     the animal was:
117          (a) by a licensed veterinarian using accepted veterinary practice;
118          (b) directly related to bona fide experimentation for scientific research, provided that if
119     the animal is to be destroyed, the manner employed will not be unnecessarily cruel unless
120     directly necessary to the veterinary purpose or scientific research involved;
121          (c) permitted under Section 18-1-3;
122          (d) by [a person] an actor who humanely destroys any animal found suffering past
123     recovery for any useful purpose; or
124          (e) by [a person] an actor who humanely destroys any apparently abandoned animal
125     found on the [person's] actor's property.
126          (8) For purposes of Subsection (7)(d), before destroying the suffering animal, the
127     [person] actor who is not the owner of the animal shall obtain:
128          (a) the judgment of a veterinarian of the animal's nonrecoverable condition;
129          (b) the judgment of two other [persons] individuals called by the [person] actor to view
130     the unrecoverable condition of the animal in the [person's] actor's presence;
131          (c) the consent from the owner of the animal to the destruction of the animal; or
132          (d) a reasonable conclusion that the animal's suffering is beyond recovery, through the
133     [person's] actor's own observation, if the [person] actor is in a location or circumstance where
134     the [person] actor is unable to contact another [person] individual.
135          (9) This section does not affect or prohibit:
136          (a) the training, instruction, and grooming of animals, if the methods used are in
137     accordance with accepted animal husbandry practices or customary farming practices;
138          (b) the use of an electronic locating or training collar by the owner of an animal for the
139     purpose of lawful animal training, lawful hunting practices, or protecting against loss of that
140     animal; or
141          (c) the lawful hunting of, fishing for, or trapping of, wildlife.
142          (10) County and municipal governments may not prohibit the use of an electronic
143     locating or training collar.
144          (11) Upon conviction under this section, the court may in its discretion, in addition to
145     other penalties:
146          (a) order the defendant to be evaluated to determine the need for psychiatric or
147     psychological counseling, to receive counseling as the court determines to be appropriate, and
148     to pay the costs of the evaluation and counseling;
149          (b) require the defendant to forfeit any rights the defendant has to the animal subjected
150     to a violation of this section and to repay the reasonable costs incurred by any person or agency
151     in caring for each animal subjected to violation of this section;
152          (c) order the defendant to no longer possess or retain custody of any animal, as
153     specified by the court, during the period of the defendant's probation or parole or other period
154     as designated by the court; and
155          (d) order the animal to be placed for the purpose of adoption or care in the custody of a
156     county or municipal animal control agency or an animal welfare agency registered with the
157     state to be sold at public auction or humanely destroyed.
158          (12) This section does not prohibit the use of animals in lawful training.
159          (13) A veterinarian who, acting in good faith, reports a violation of this section to law
160     enforcement may not be held civilly liable for making the report.
161          Section 2. Section 76-9-301.1 is amended to read:
162          76-9-301.1. Animal fighting -- Training animals for fighting -- Animal fighting
163     exhibitions.
164          [(1) It is unlawful for any person to:]
165          [(a) own, possess, keep, or train a dog]
166          (1) (a) As used in this section:
167          (i) "Animal" means the same as that term is defined in Section 76-9-301.
168          (ii) "Animal fighting paraphernalia" means equipment, products, or materials of any
169     kind that are used, intended for use, or designed for use in the training, preparation,
170     conditioning, or furtherance of animal fighting.
171          (b) Terms defined in Section 76-1-101.5 apply to this section.
172          (2) An actor commits animal fighting if the actor:
173          (a) owns, possesses, keeps, or trains an animal with the intent to engage it in an
174     exhibition of fighting with another [dog] animal;
175          (b) [cause a dog] causes an animal to fight with another [dog] animal or [cause a dog]
176     causes an animal to injure another [dog] animal for amusement or gain;
177          (c) [tie, attach, or fasten] ties, attaches, or fastens any live animal to a machine or
178     device propelled by any power, for the purpose of causing the animal to be pursued by [a dog]
179     another animal; or
180          (d) [permit or allow] permits or allows any act which violates Subsection [(1)] (2)(a),
181     (b), or (c) on any premises under [his] the actor's charge[;], or [to control, aid, or abet] controls,
182     aids, or abets any such act.
183          (3) (a) A violation of Subsection (2) is a class A misdemeanor.
183a          Ĥ→ (b) A third or subsequent violation of Subsection (2) is a third degree felony. ←Ĥ
184          Ĥ→ [(b)] (c) ←Ĥ Notwithstanding Subsection (3)(a), if the animal is a dog, a violation of
184a     Subsection
185     (2) is a third degree felony and any fine imposed may not exceed $25,000.
186          [(2)] (4) Possession of any [breaking stick, treadmill, wheel, hot walker, cat mill, cat
187     walker, jenni, or other] animal fighting paraphernalia together with evidence that the
188     paraphernalia is being used or is intended for use in the unlawful training of [a dog] an animal
189     to fight with another [dog] animal, together with the possession of any such [dog] animal, is
190     prima facie evidence of a violation of [Subsections (1)(b) and (c)] Subsection (2).
191          [(3) A person who violates Subsection (1) is guilty of a third degree felony, and any
192     fine imposed may not exceed $25,000.]
193          [(4) It is unlawful for a person to knowingly and intentionally be present as a spectator
194     at any place, building, or tenement where preparations are being made for an exhibition of dog
195     fighting, or to knowingly and intentionally be present at a dog fighting exhibition or any other
196     occurrence of fighting or injury described in this section. A person who violates this
197     subsection is guilty of a class B misdemeanor.]
198          (5) Nothing in this section prohibits any of the following:
199          (a) the use of dogs for management of livestock by the owner, his employees or agents,
200     or any other person in the lawful custody of livestock;
201          (b) the use of dogs for hunting; [or]
202          (c) the training of dogs or the possession or use of equipment Ĥ→ or animals ←Ĥ in the
202a     training of dogs for
203     any purpose not prohibited by law[.]; or
204          (d) the lawful use of livestock by the livestock owner, an employee or agent of the
205     livestock owner, or a person in the lawful custody of livestock.
206          Section 3. Section 76-9-301.5 is amended to read:
207          76-9-301.5. Spectator at organized animal fighting exhibitions.
208          (1) For the purposes of this section, "minor" means an individual under 18 years old.
209          (2) An actor commits spectator at an organized animal fighting exhibition if the actor:
210          [It is unlawful for a person to] (a) is knowingly [be] present as a spectator:
211          (i) at any place, building, or tenement where preparations are being made for an
212     exhibition of the fighting of animals, as prohibited by [Subsections] Subsection 76-9-301(2)(d)
213     [and (e), or to be present]; or
214          (ii) at such exhibition, regardless of whether any entrance fee has been charged[.]; or
215          (b) causes or allows a minor to attend an animal exhibition prohibited by Subsection
216     76-9-301(2)(d).
217          (3) (a) A [person who violates this section is guilty of] violation of Subsection (2)(a) is
218     a class B misdemeanor.
219          (b) A violation of Subsection (2)(b) is a class A misdemeanor.
220          Section 4. Section 77-23a-8 is amended to read:
221          77-23a-8. Court order to authorize or approve interception -- Procedure.
222          (1) The attorney general of the state, any assistant attorney general specially designated
223     by the attorney general, any county attorney, district attorney, deputy county attorney, or deputy
224     district attorney specially designated by the county attorney or by the district attorney, may
225     authorize an application to a judge of competent jurisdiction for an order for an interception of
226     wire, electronic, or oral communications by any law enforcement agency of the state, the
227     federal government or of any political subdivision of the state that is responsible for
228     investigating the type of offense for which the application is made.
229          (2) The judge may grant the order in conformity with the required procedures when the
230     interception sought may provide or has provided evidence of the commission of:
231          (a) any act:
232          (i) prohibited by the criminal provisions of:
233          (A) Title 58, Chapter 37, Utah Controlled Substances Act;
234          (B) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act; or
235          (C) Title 58, Chapter 37d, Clandestine Drug Lab Act; and
236          (ii) punishable by a term of imprisonment of more than one year;
237          (b) any act prohibited by the criminal provisions of Title 61, Chapter 1, Utah Uniform
238     Securities Act, and punishable by a term of imprisonment of more than one year;
239          (c) an offense:
240          (i) of:
241          (A) attempt, Section 76-4-101;
242          (B) conspiracy, Section 76-4-201;
243          (C) solicitation, Section 76-4-203; and
244          (ii) punishable by a term of imprisonment of more than one year;
245          (d) a threat of terrorism offense punishable by a maximum term of imprisonment of
246     more than one year, Section 76-5-107.3;
247          (e) (i) aggravated murder, Section 76-5-202;
248          (ii) murder, Section 76-5-203; or
249          (iii) manslaughter, Section 76-5-205;
250          (f) (i) kidnapping, Section 76-5-301;
251          (ii) child kidnapping, Section 76-5-301.1;
252          (iii) aggravated kidnapping, Section 76-5-302;
253          (iv) human trafficking or human smuggling, Section 76-5-308; or
254          (v) aggravated human trafficking or aggravated human smuggling, Section 76-5-310;
255          (g) (i) arson, Section 76-6-102; or
256          (ii) aggravated arson, Section 76-6-103;
257          (h) (i) burglary, Section 76-6-202; or
258          (ii) aggravated burglary, Section 76-6-203;
259          (i) (i) robbery, Section 76-6-301; or
260          (ii) aggravated robbery, Section 76-6-302;
261          (j) an offense:
262          (i) of:
263          (A) theft, Section 76-6-404;
264          (B) theft by deception, Section 76-6-405; or
265          (C) theft by extortion, Section 76-6-406; and
266          (ii) punishable by a maximum term of imprisonment of more than one year;
267          (k) an offense of receiving stolen property that is punishable by a maximum term of
268     imprisonment of more than one year, Section 76-6-408;
269          (l) a financial card transaction offense punishable by a maximum term of imprisonment
270     of more than one year, Section 76-6-506.2, 76-6-506.3, 76-6-506.5, or 76-6-506.6;
271          (m) bribery of a labor official, Section 76-6-509;
272          (n) bribery or threat to influence a publicly exhibited contest, Section 76-6-514;
273          (o) a criminal simulation offense punishable by a maximum term of imprisonment of
274     more than one year, Section 76-6-518;
275          (p) criminal usury, Section 76-6-520;
276          (q) a fraudulent insurance act offense punishable by a maximum term of imprisonment
277     of more than one year, Section 76-6-521;
278          (r) a violation of Title 76, Chapter 6, Part 7, Utah Computer Crimes Act, punishable by
279     a maximum term of imprisonment of more than one year, Section 76-6-703;
280          (s) bribery to influence official or political actions, Section 76-8-103;
281          (t) misusing public money or public property, Section 76-8-402;
282          (u) tampering with a witness or soliciting or receiving a bribe, Section 76-8-508;
283          (v) retaliation against a witness, victim, or informant, Section 76-8-508.3;
284          (w) tampering with a juror, retaliation against a juror, Section 76-8-508.5;
285          (x) extortion or bribery to dismiss criminal proceeding, Section 76-8-509;
286          (y) obstruction of justice, Section 76-8-306;
287          (z) destruction of property to interfere with preparation for defense or war, Section
288     76-8-802;
289          (aa) an attempt to commit crimes of sabotage, Section 76-8-804;
290          (bb) conspiracy to commit crimes of sabotage, Section 76-8-805;
291          (cc) advocating criminal syndicalism or sabotage, Section 76-8-902;
292          (dd) assembly for advocating criminal syndicalism or sabotage, Section 76-8-903;
293          (ee) riot punishable by a maximum term of imprisonment of more than one year,
294     Section 76-9-101;
295          (ff) [dog] animal fighting, training [dogs] animals for fighting, or [dog] animal fighting
296     exhibitions punishable by a maximum term of imprisonment of more than one year, Section
297     76-9-301.1;
298          (gg) possession, use, or removal of an explosive, chemical, or incendiary device and
299     parts, Section 76-10-306;
300          (hh) delivery to a common carrier or mailing of an explosive, chemical, or incendiary
301     device, Section 76-10-307;
302          (ii) exploiting prostitution, Section 76-10-1305;
303          (jj) aggravated exploitation of prostitution, Section 76-10-1306;
304          (kk) bus hijacking or assault with intent to commit hijacking, Section 76-10-1504;
305          (ll) discharging firearms and hurling missiles, Section 76-10-1505;
306          (mm) violations of Title 76, Chapter 10, Part 16, Pattern of Unlawful Activity Act, and
307     the offenses listed under the definition of unlawful activity in the act, including the offenses not
308     punishable by a maximum term of imprisonment of more than one year when those offenses
309     are investigated as predicates for the offenses prohibited by the act, Section 76-10-1602;
310          (nn) communications fraud, Section 76-10-1801;
311          (oo) money laundering, Sections 76-10-1903 and 76-10-1904; or
312          (pp) reporting by a person engaged in a trade or business when the offense is
313     punishable by a maximum term of imprisonment of more than one year, Section 76-10-1906.
314          Section 5. Repealer.
315          This bill repeals:
316          Section 76-9-301.3, Game fowl fighting.