Health & Safety Code · §822.005

Animal Cruelty

Animal Cruelty is covered under §822.005 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: Dog previously determined dangerous (or known dangerous); Causes death of a person; 2nd degree felony; SBI: 3rd degree felony.

Elements you must prove

  • Dog previously determined dangerous (or known dangerous)
  • Causes death of a person
  • 2nd degree felony
  • SBI: 3rd degree felony

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Worked examples

Worked example 1

When a dangerous dog causes death of a person under HSC §822.005, the owner can be charged with:

  1. Class C misdemeanor
  2. Attack by Dangerous Dog — 2nd degree felony Correct
  3. Capital murder
  4. Class A misdemeanor
Why: If a dangerous dog kills a person, the owner faces a 2nd degree felony. SBI to a person from a dangerous dog is a 3rd degree felony.
Statute: Tex. Health & Safety Code §822.005

Statutory definitions for this topic

Attack by dangerous dog causing death Tex. Health & Safety Code §822.005
Owner liability where a dangerous dog kills a person — 2nd degree felony. SBI: 3rd degree felony.