Texas-Book-Gun Law Armed And Educated - Flipbook - Page 206
D. Protecting livestock and crops
DEFENSE FOR CRUELTY TO ANIMALS; PROTECTING LIVESTOCK
TEX. PENAL CODE § 42.092(e)(1)
It is a defense to prosecution under Subsection (b)(2) [killing,
administering poison, or causing serious bodily injury to an
animal] or (b)(6) [causing bodily injury to an animal] that the
animal was discovered on the person’s property in the act
of or after injuring or killing the person’s livestock animals or
damaging the person’s crops and that the person killed or
injured the animal at the time of this discovery.
With regard to cruelty to a non-livestock animal, Texas Penal Code
§ 42.092(e)(1) provides a specific statutory defense for killing or
injuring an animal if a person discovers the animal on his property
and it is in the act of or has just killed or injured that personʼs
livestock or crops. Subsections (b)(2) and (b)(6) of Section 42.092
deal with the moments when you are forced to “intentionally,
knowingly, or recklessly” kill, poison, or cause serious bodily
injury to another person’s animal.
EXAMPLE:
Ted is weeding his garden when he hears a commotion by the
chicken coop and sees his neighbor’s dog attacking his chickens.
Bloody feathers fill the air of the coop. Ted runs over and uses his
garden hoe to kill the dog.
Although there is no question that Ted intended to kill the dog,
Texas law exempts him from any criminal liability for cruelty to
animals because he was protecting his livestock. If you catch an
When Can I Legally Use My Gun: Part III | 195
