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Animal Law

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AnimalsRule

Junior Member
What is the name of your state? New Mexico

In NM Kokfighting is only a petty misdemeanor, but extreme animal cruelty is considered a felony.If someone gets caught Kokfighting can they be charged with extreme animal cruelty instead of Kokfighting to bypass the misdemeanor and get them for a Felony??
Extreme cruelty to animals consists of a person:
(1) intentionally or maliciously torturing,
mutilating, injuring or poisoning an animal; or
(2) maliciously killing an animal.
F. Whoever commits extreme cruelty to animals is
guilty of a fourth degree felony
 


quincy

Senior Member
Both dog fighting and co ck fighting are illegal in New Mexico, under New Mexico's Chapter 30 section 18 1-15. It is unlawful for a person to cause, sponsor, arrange, hold or participate in a dog or co ck fight for monetary gain or entertainment.

A first conviction for co ck fighting is a petty misdemeanor. A second conviction is a misdemeanor. A third or subsequent conviction is a 4th degree felony.

However, under New Mexico's cruelty to animals statute, if it is found that you are intentionally or maliciously torturing, mutilating, injuring or poisoning the co ck and/or maliciously killing the co ck, over and above the co ck v. co ck fighting, it is certainly possible you could be charged with the felony. The difference would be your active involvement in the cruelty to the animal.
 

AnimalsRule

Junior Member
Both dog fighting and co ck fighting are illegal in New Mexico, under New Mexico's Chapter 30 section 18 1-15. It is unlawful for a person to cause, sponsor, arrange, hold or participate in a dog or co ck fight for monetary gain or entertainment.

A first conviction for co ck fighting is a petty misdemeanor. A second conviction is a misdemeanor. A third or subsequent conviction is a 4th degree felony.

However, under New Mexico's cruelty to animals statute, if it is found that you are intentionally or maliciously torturing, mutilating, injuring or poisoning the co ck and/or maliciously killing the co ck, over and above the co ck v. co ck fighting, it is certainly possible you could be charged with the felony. The difference would be your active involvement in the cruelty to the animal.
Ok so you personally have to mutilate/torture the co ck in order for it to be extreme animal cruelty?..a co ck that is killed/wounded in a co ckfight would not be considered e.a.c. because the roosters caused the injuries/death to themselves??..i heard the cops discussing the penalties with the animal control officers and it was obvious that they were going out of their way to find a statute to get us for a felony cuz they didnt charge us with co ckfighting even though thats what we were doing.Sorry if this post offended anyone but co ckfighting was just banned last year and its been a tradition here for at least 150 years..old habits are hard to break i guess.Thanks for your help!
 
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quincy

Senior Member
From the sounds of it, the officers will have a hard time, under the wording of New Mexico's laws, bringing anything more than a petty misdemeanor charge against you for the co ck fighting, if this was your first arrest.

I understand that the New Mexico animal cruelty statute provisions do not apply to the older and commonly accepted practices of animal handling in rodeos, despite continued protests from animal rights groups on cruelty. I imagine co ck fighting was an exception until recently, as well.

I am not a PETA extremist when it comes to animal rights, but I must admit I find putting animals in a ring to fight each other cruel. Some traditions, no matter how long they have been in existence, deserve to die.
 

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