GENERAL ASSEMBLY OF NORTH CAROLINA

1985 SESSION

 

 

CHAPTER 967

SENATE BILL 613

 

AN ACT TO INCREASE THE PUNISHMENTS FOR VARIOUS OFFENSES INVOLVING ANIMALS, AND TO CREATE NEW OFFENSES INVOLVING ANIMAL FIGHTING AND BAITING.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 14-360, 14-361, and 14-363 are each amended by deleting the phrase "not to exceed five hundred dollars ($500.00), imprisonment for not more than six months, or both" and substituting the phrase "of up to one thousand dollars ($1,000) and imprisonment for up to one year".

Sec. 2.  G.S. 14-361.1 is amended by deleting the phrase "two hundred dollars ($200.00)" and substituting the phrase "five hundred dollars ($500.00) and imprisonment for up to six months".

Sec. 3.  G.S. 14-362 is rewritten to read:

"§ 14-362.  Cock fighting. - A person who instigates, promotes, conducts, is employed at, allows property under his ownership or control to be used for, participates as a spectator at, or profits from an exhibition featuring the fighting of a cock is guilty of a misdemeanor and is punishable by imprisonment for up to six months and a fine of up to five hundred dollars ($500.00). A lease of property that is used or is intended to be used for an exhibition featuring the fighting of a cock is void, and a lessor who knows this use is made or is intended to be made of his property is under a duty to evict the lessee immediately."

Sec. 4.  G.S. 14-363.1 is amended by deleting the phrase "one hundred dollars ($100.00)" and substituting the phrase "two hundred dollars ($200.00)".

Sec. 5.  Article 47 of Chapter 14 of the General Statutes is amended by adding a new section to read:

"§ 14-362.1.  Animal fights, other than cock fights, and animal baiting. - (a) A person who instigates, promotes, conducts, is employed at, provides an animal for, allows property under his ownership or control to be used for, or profits from an exhibition featuring the fighting or baiting of an animal, other than a cock, is guilty of a misdemeanor and is punishable as provided in G.S. 14-3(a). A lease of property that is used or is intended to be used for an exhibition featuring the fighting or baiting of an animal, other than a cock, is void, and a lessor who knows this use is made or is intended to be made of his property is under a duty to evict the lessee immediately.

(b)       A person who owns, possesses, or trains an animal, other than a cock, with the intent that the animal be used in an exhibition featuring the fighting or baiting of that animal or any other animal is guilty of a misdemeanor and is punishable by imprisonment for up to one year and a fine of up to one thousand dollars ($1,000).

(c)       A person who participates as a spectator at an exhibition featuring the fighting or baiting of an animal, other than a cock, is guilty of a misdemeanor and is punishable by imprisonment for up to six months and a fine of up to five hundred dollars ($500.00).

(d)       A person who commits an offense under subsection (a) within three years after being convicted of an offense under this section is guilty of a Class J Felony.

(e)       This section does not prohibit the lawful taking or training of animals under the jurisdiction and regulation of the Wildlife Resources Commission."

Sec. 6.  This act shall become effective October 1, 1986, and shall apply to offenses committed on or after that date.

In the General Assembly read three times and ratified, this the 10th day of July, 1986.