Health & Safety Code · §821.025

Animal Cruelty

Animal Cruelty is covered under §821.025 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: Reasonable belief of immediate danger to animal; Document conditions (temp, time, photos); Cruelty charge under §42.092; Animal control / vet for medical care.

Elements you must prove

  • Reasonable belief of immediate danger to animal
  • Document conditions (temp, time, photos)
  • Cruelty charge under §42.092
  • Animal control / vet for medical care

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Worked examples

Worked example 1

SCENARIO. Officer responds to a call of dogs left in a hot vehicle. Two dogs are panting heavily, no water visible, ambient temperature 105°F. Best course?

  1. Issue a warning
  2. Lawful entry to rescue animals (Tex. Health & Safety Code §821.025 / common-law necessity / agency policy); document conditions; charge owner under Penal Code §42.092 (cruelty to non-livestock animals — Class A baseline; state jail with serious harm) Correct
  3. Wait for owner to return
  4. Arrest the owner immediately for capital murder
Why: Texas has codified some immunity for officers / good-Samaritans rescuing animals from extreme conditions. Cruelty charges scale with severity — Class A baseline; state jail felony for SBI / death; 3rd degree felony for repeats.
Statute: Tex. Health & Safety Code §821.025; Tex. Penal Code §42.092