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Corpus Christi, Tx Police Dept. FAIL
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by Time on March 15, 2013
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A harmless Bull Snake was killed because a Pet Store didn't buy the snake!
http://www.kiiitv.com/story/21656094/man-bitten-by-snake-tries-to-sell-it-at-pet-store
The Corpus Police Department declined to up hold cruelty laws when asked about this incident.
I encourage everyone to call the Corpus Christi Police at (361) 886-2600 and ask that legal action be taken.
Call the District Attorney's office at (361) 888-0410 and request cruelty laws be enforced.
Cruelty laws apply to ALL animals, not just the ones that you like!
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RE: Corpus Christi, Tx Police Dept. FAIL
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by yoyoing on March 16, 2013
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That does suck. Not sure if cruelty laws apply to cold-blooded wildlife.
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RE: Corpus Christi, Tx Police Dept. FAIL
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by Time on March 18, 2013
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Texas Animal Cruelty Laws
In Texas, two types of laws protect animals from cruelty: civil laws and criminal laws. The laws are similar but differ in the penalties they impose.
In a civil case, if a judge rules that a person or people have been cruel to animals, the judge may take away their animals and/or order them to pay restitution.
If prosecuted in a criminal case, a person may face penalties including fines, jail or both. Those under the age of 18 are also required to undergo counseling if convicted of animal cruelty.
Texas criminal laws only apply to domesticated animals, such as house pets and livestock defined as “domesticated living creature(s) or any wild living creature previously captured” and subject to a person’s care and control. The scope of civil laws are broader and do not differentiate between domestic and wild animals; however, civil statutes adopt a much narrower definition of what constitutes cruelty. Therefore, people could engage in actions that are not prosecutable under Texas criminal laws, but they would be held liable for their actions under civil laws.
Section 42.09 "Cruelty to Livestock Animals" and 42.09(2) "Cruelty of Non-Livestock Animals" of the Texas Health and Safety Code prohibits a person from intentionally, knowingly or recklesly cruelly treating an animal. The following actions define cruel punishment:
1. Torturing an animal
2. Failing to provide food, care or shelter
3. Abandoning an animal
4. Transporting or confining an animal in a cruel manner
5. Killing, seriously injuring or poisoning an animal
6. Causing an animal to fight with another
7. Using a live animal as a lure in a dog race
8. Tripping a horse
9. Injuring an animal belonging to another person
10. Seriously overworking an animal.
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RE: Corpus Christi, Tx Police Dept. FAIL
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by VenomHerp on August 5, 2013
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The statute you are referring to is in the Texas Penal Code and not the Health and Safety Code. Just to make sure we are reading the same statute.
As unfortunate as it is that such stupid behavior could go unpunished the officers had no criminal conduct to arrest or charge the man with. Section 42.09(a)(5) in regards to "Killing, seriously injuring or poisoning an animal" as you stated also includes the very important second part of that sentence "belonging to another without legal authority or the owner's effective consent".
As far as the process of civil action being taken against the man, someone would have to bring those charges by a civil suit. The police in this instance had absolutely no legal standing to do anything.
I agree that behavior like this should have some kind of consequence. But it was not by oversight or a "fail" on the part of the police that he will not be facing any such consequence. It is not a case of whether or not they cared if it was "just a snake", but rather that they had no legal ground to do more than they did.
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