§ 351 — Prohibition of animal fighting

§ 351. Prohibition of animal fighting. 1. For purposes of this\nsection, the term "animal fighting" shall mean any fight between cocks\nor other birds, or between dogs, bulls, bears or any other animals, or\nbetween any such animal and a person or persons, except in exhibitions\nof a kind commonly featured at rodeos.\n 2. Any person who engages in any of the following conduct is guilty of\na felony punishable by imprisonment for a period not to exceed four\nyears, or by a fine not to exceed twenty-five thousand dollars, or by\nboth such fine and imprisonment:\n (a) For amusement or gain, causes any animal to engage in animal\nfighting; or\n (b) Trains any animal under circumstances evincing an intent that such\nanimal engage in animal fighting for amusement or gain; or\n (c) Breeds, sells or offers for sale any animal under circumstances\nevincing an intent that such animal engage in animal fighting; or\n (d) Permits any act described in paragraph (a), (b) or (c) of this\nsubdivision to occur on premises under his control; or\n (e) Owns, possesses or keeps any animal trained to engage in animal\nfighting on premises where an exhibition of animal fighting is being\nconducted under circumstances evincing an intent that such animal engage\nin animal fighting.\n 3. (a) Any person who engages in conduct specified in paragraph (b) of\nthis subdivision is guilty of a misdemeanor and is punishable by\nimprisonment for a period not to exceed one year, or by a fine not to\nexceed fifteen thousand dollars, or by both such fine and imprisonment.\n (b) The owning, possessing or keeping of any animal under\ncircumstances evincing an intent that such animal engage in animal\nfighting.\n 4. (a) Any person who engages in conduct specified in paragraph (b)\nhereof is guilty of a misdemeanor and is punishable by imprisonment for\na period not to exceed one year, or by a fine not to exceed one thousand\ndollars, or by both such fine and imprisonment.\n (b) The knowing presence as a spectator having paid an admission fee\nor having made a wager at any place where an exhibition of animal\nfighting is being conducted.\n 5. (a) Any person who engages in the conduct specified in paragraph\n(b) of this subdivision is guilty of a class B misdemeanor punishable by\nimprisonment for a period not to exceed three months, or by a fine not\nto exceed five hundred dollars, or by both such fine and imprisonment.\nAny person who engages in the conduct specified in paragraph (b) of this\nsubdivision after having been convicted within the previous five years\nof a violation of this subdivision or subdivision four of this section\nis guilty of a misdemeanor and is punishable by imprisonment for a\nperiod not to exceed one year, or by a fine not to exceed one thousand\ndollars, or by both such fine and imprisonment.\n (b) The knowing presence as a spectator at any place where an\nexhibition of animal fighting is being conducted.\n 6. (a) Any person who intentionally owns, possesses, sells, transfers\nor manufactures animal fighting paraphernalia with the intent to engage\nin or otherwise promote or facilitate animal fighting as defined in\nsubdivision one of this section is guilty of a class B misdemeanor\npunishable by imprisonment for a period of up to ninety days, or by a\nfine not to exceed five hundred dollars, or by both such fine and\nimprisonment. Any person who engages in the conduct specified in this\nsubdivision after having been convicted within the previous five years\nof a violation of this subdivision is guilty of a misdemeanor and is\npunishable by imprisonment for a period not to exceed one year, or by a\nfine not to exceed one thousand dollars, or by both such fine and\nimprisonment.\n (b) For purposes of this section, animal fighting paraphernalia shall\nmean equipment, products, or materials of any kind that are used,\nintended for use, or designed for use in the training, preparation,\nconditioning or furtherance of animal fighting. Animal fighting\nparaphernalia includes the following:\n (i) A breaking stick, which means a device designed for insertion\nbehind the molars of a dog for the purpose of breaking the dog's grip on\nanother animal or object;\n (ii) A cat mill, which means a device that rotates around a central\nsupport with one arm designed to secure a dog and one arm designed to\nsecure a cat, rabbit, or other small animal beyond the grasp of the dog;\n (iii) A treadmill, which means an exercise device consisting of an\nendless belt on which the animal walks or runs without changing places;\n (iv) A springpole, which means a biting surface attached to a\nstretchable device, suspended at a height sufficient to prevent a dog\nfrom reaching the biting surface while touching the ground;\n (v) A fighting pit, which means a walled area, or otherwise defined\narea, designed to contain an animal fight;\n (vi) Any other instrument commonly used in the furtherance of pitting\nan animal against another animal.\n