Health & Safety Code · §42.091

Cruelty to Livestock Animals

Cruelty to Livestock Animals is covered under §42.091 and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "Animal Cruelty" on practice exams.

To prove this offense, the State must establish each of the following elements: Harasses assistance animal: Class A misdemeanor; Injures assistance animal: state jail felony; Kills assistance animal during commission of offense: 2nd degree felony.

Elements you must prove

  • Harasses assistance animal: Class A misdemeanor
  • Injures assistance animal: state jail felony
  • Kills assistance animal during commission of offense: 2nd degree felony

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Worked examples

Worked example 1

Attack on Assistance Animal (HSC §822.005 / Penal Code §42.091) is what level?

  1. Class C
  2. Various levels depending on harm — generally Class A misdemeanor for harassing; state jail felony for causing injury; 2nd degree felony for causing death of a service animal during commission of certain offenses Correct
  3. Capital felony
  4. Not an offense
Why: Specific protections apply to assistance animals (service animals, search-and-rescue dogs, police K9s). Charges scale with severity of harm and use during another offense.
Statute: Tex. Penal Code §42.091; Tex. Health & Safety Code §822

Statutory definitions for this topic

Assistance animal Tex. Penal Code §42.091
Service animal, search-and-rescue dog, police K9, or other specially trained animal. Specific protections apply: harassment Class A, injury state jail felony, killing during commission of offense 2nd degree felony.