Cockfighting is not allowed in California. You can face criminal charges under California Penal Code 597b if you facilitate or engage in the brutal practice of forcing cocks to fight, injure, or be injured for profit or entertainment. Penal Code 597b was enacted to protect roosters from unnecessary violence and cruelty, aligning with the efforts of broader animal protection in California. If you or a loved one faces cockfighting charges, you should contact a reliable attorney to help you fight your charges. The Law Offices of Anna R. Yum can help you secure a fair outcome if you are accused of cockfighting in San Diego, CA.
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Cockfighting Under The Law
You will likely face misdemeanor charges under Penal Code 597b if you engage in cockfighting, but the offense can be a wobbler if you commit a subsequent offense. A wobbler can attract felony or misdemeanor charges. This offense can attract severe punishment, including fines and a jail term. The law prohibits various activities associated with cockfighting, including the following:
- Aiding or abetting cockfighting. You can face the charges under Penal Code 597b even if you are not involved directly in the cockfight.
- Permitting cockfighting on property you own or control, like a farm or home
- Tormenting or injuring a rooster to gain money or entertainment
- Coercing roosters into a fight with each other, people, or other animals
The major elements of this offense are:
- An injury or fight happening on the property you are in charge of or control
- Engaging in cockfighting activity for financial gain or amusement
Examples Of Penal Code 597(b) PC
Penal Code 597b covers cockfighting, which is the crime of making cocks or roosters fight each other, people, or other animals for financial gain or entertainment. This law is meant to prohibit cruelty to animals and ensure that individuals who support or participate in cockfighting face legal repercussions.
Some of the examples of acts, that fall under Penal Code 597b, include:
Bringing A Cock To A Cockfighting As A Participant
Taking a cock to a cockfighting competition in another area, even if you are not the host of the competition, is an offense. This can involve allowing your rooster to fight another rooster and placing bets on the results. In this case, you understand the nature of the competition, and you are engaging in it by providing a fighting cock. It is an offense under Penal Code 597b to take your rooster for a cockfight. Your involvement still contributes to the unlawful nature of the competition, even if you are not the host.
Training Cocks For Fights
You can engage in breeding and training cocks specifically for cockfighting. This can involve making them aggressive, ensuring that the cocks have the fighting abilities and strength required to compete in a cockfight. You can also groom your cocks by putting knives or spurs on their legs to prepare them for the fight. In this case, you are guilty of violating PC 597b because of breeding and training cocks for the sole purpose of participating in cockfighting. This is regarded as making the birds fight or preparing them to be used in fights for financial gain or amusement.
Spectating At A Cockfighting Competition
You can attend a cockfighting competition with other groups of people in an underground arena. You can as well place bets on the outcome, watch the fight, and cheer the cocks even if you do not participate in the fighting or own any cock. It is a crime in California to attend a cockfighting competition, even if you are not directly engaged in the fight. You will be in violation of PC 597.5 for being a spectator at the cockfight competition. This law covers spectators because they contribute to perpetuating and supporting these inhumane competitions.
Owning or Possessing Fighting Implements For Cockfighting
You can own a farm and several sharp blades, also called gaffs, which are explicitly meant for cockfighting. A person can possess these implements used in unlawful cockfights even if he/she does not actively organize any fights but understands their use. You will violate PC 597b if you distribute and possess implements like knives, spurs, or gaffs meant to injure cocks during a fight. You can face the charges under this law even if you do not host or engage in cockfighting directly. This statute prohibits not only the act of cockfighting but also the tools involved in the fight.
Permitting Cockfighting On Your Property
You can get to know your friends by organizing a cockfighting competition on your farm. A person can fail to engage in the competition or actively promote the fight but allow friends to host the cockfight on their property. Perhaps you understand what will happen on your property and fail to stop it. It is a crime under Penal Code 597b for you to allow cockfighting on your property. Allowing this competition amounts to aiding and abetting the unlawful practice, even if you are not directly involved.
Trying To Force A Fight Between A Rooster And A Cat
You can attempt to create a game out of forcing a cock to fight a household cat. This can be done by putting the two animals in close range and encouraging them to fight. Your actions can still cause potential harm and distress to both animals, even if the cock does not suffer injuries in the scuffle. Penal Code 597b prohibits encouraging a cock to fight a cat or another animal, even if both animals do not sustain injuries in the fight. You will face charges under this law if you allow a cock to fight or interact with another animal for financial gain or entertainment, irrespective of the outcome.
Injuring A Cock For Fun
An individual can own several cocks, and one day he/she decides to injure one by hitting it with a blunt object ‘’just for fun’’. You might not be intending to use the cock for fighting purposes, but the injury is significant. This is a crime under Penal Code 597b, even if you did not involve the cock in the actual cockfight. You will have committed the act of cruelty to the cock by intentionally injuring the cock for entertainment. This offense falls under the statute’s prohibition against inflicting injury or distress to a bird for financial gain or amusement.
Hosting A Cockfight Event
You can decide to organize a cockfight at your home and invite your friends to bet on which of the two cocks will win the competition. Sometimes, one of the cocks can suffer severe injuries or die. In this case, you will be in violation of Penal Code 597b because of causing cocks to fight for financial gain or entertainment. Additionally, you will be guilty of aiding and abetting the cockfighting by hosting the competition.
Penalties For Violating Penal Code 597(b)
It is an offense under Penal Code 597b to organize, allow, or engage in cockfighting in California. Cockfighting constitutes forcing cocks to fight each other or other animals to entertain spectators, causing injury or death to the animals involved. The law imposes severe penalties for convicted individuals because of the cruelty of this offense.
Typically, a violation of Penal Code 597b is considered a misdemeanor or felony offense depending on the specific facts of the charges, like:
- The details surrounding your charges, and
- Your criminal history
The punishment can be significant, including a jail term, possible restitution, and fines. If the judge charges you with a misdemeanor, you will face the following penalties:
- A fine that does not exceed $5000
- A jail term that does not exceed one year in a county jail
The judge can also grant you probation, during which you must adhere to certain conditions like performing community service or attending animal cruelty classes.
You will face more severe penalties if the judge convicts you of a felony. Some of the penalties you could face include the following:
- A fine that does not exceed $50,000
- A jail term of 16 months to three years in a state prison
The judge can also order you to pay restitution for the harm caused to the rooster, like meeting the medical treatment for injuries and other associated damages.
Aggravating Factors
Certain aggravating factors can make the judge impose a misdemeanor or felony charge. Some of the factors include:
Possession Of Fighting Implements
You will face more severe charges and enhanced penalties if you possess equipment explicitly used for cockfighting, like spurs or blades attached to the roosters’ legs.
Commercial Involvement
You will face severe penalties if it is evident that you were operating a cockfighting ring for facilitating multiple events or making a profit. Individuals who engage in the business of cockfighting, including promoters or breeders, are often convicted of felonies.
The Extent Of The Injury
The court will convict you of a felony offense if your actions resulted in significant injury or death to the cock involved. You will face more severe penalties in the case where the cocks are severely harmed or killed.
Previous Convictions
You will be subjected to more severe punishment if you have a prior criminal record, mainly if it includes previous convictions associated with animal cruelty. The prosecutor will pursue felony charges against you instead of misdemeanor charges if you have a prior criminal record.
Additional Repercussions
The court can impose other penalties apart from the primary penalties of jail term, fines, and restitution. They can include:
Reputation Damage
Being convicted of an offense like cockfighting can negatively influence your reputation. You can face social stigma, lose your job, and suffer public scorn if you are guilty of violating Penal Code 597b. The charges can also long-term affect your professional and personal relationships.
Civil Liability
You could be subjected to civil lawsuits from animal protection organizations or other parties affected by your offense if your actions caused harm or death to animals. In this case, the victims can pursue monetary damages, adding financial strain to your legal issues.
Animal Cruelty Conviction
The court can impose a lifetime ban on you for owning animals if you are convicted under Penal Code 597b. This will limit your ability to care for animals in the future and can negatively influence your ability to engage in any occupation involving animals.
Factors That Can Influence The Sentencing
Some factors can influence the severity of your sentencing if you are accused of violating Penal Code 597b. They include:
Circumstances Of Your Offense
The judge will consider the circumstances surrounding your offense before imposing a sentence. For example, you are likely to face a more severe penalty if you were operating a bigger cockfighting ring and causing significant harm to the birds. This punishment will be more serious than if you were engaged in a single isolated incident.
First-time Offender
You can qualify for a reduced sentence or probation if you are a first-time offender. This will happen if you are not directly involved in the fight but only facilitate the competition. In this case, the court will impose misdemeanor charges rather than felony charges.
Remorse And Restitution
The court can impose a more lenient sentence if you show remorse for your offense, express regret, or offer restitution to the victims. Restitution can be in the form of paying for veterinary coverage or care costs related to the offense.
Cooperation With Authorities
You could face reduced penalties if you cooperate with the police, provide information, or assist in investigating other cockfighting events.
Your Criminal History
You are more likely to face severe penalties if you have prior criminal convictions, especially those associated with animal cruelty or violent crimes.
The Common Defenses Against Penal Code 597 PC
It is a violation of Penal Code 597b in California to engage in cockfighting, including participating in, planning, or allowing cockfighting activities to happen. The good news is that you can employ several defenses if you are accused of violating Penal Code 597b, including:
Constitutional Challenges
In some situations, you can claim that PC 597b is unconstitutional or violates some constitutional rights. This can include challenges based on freedom of speech, association, or other constitutional protections. This type of defense is usually rare and complicated but can apply in specific circumstances. You can challenge this law as a violation of your First Amendment right to associate with other people freely who engage in similar acts.
Cultural or Religious Beliefs
On rare occasions, you can claim that cockfighting forms part of your cultural or religious practices. The law prohibits cockfighting, but some leniencies or exemptions are made when cultural or spiritual practices are involved. However, it is often hard to prove this defense and cannot be applied in most situations. This can only serve as a defense if you prove that cockfighting is a rooted religious or cultural practice and you are not aware of the prohibition.
No Intent To Cause Injury To Roosters
It is a crime under PC 597b to inflict intentional injury or distress on a rooster. You can allege that you did not intend to harm the cock if you are accused of cockfighting or animal cruelty. Your charges can be reduced or dropped if you can provide sufficient evidence that the injury on the cock was accidental or not intentional. You can allege that the cock suffered injuries because of an accident or that the cock sustained injuries while being transported.
Mistaken Identity
Sometimes, you can claim you are a victim of mistaken identity in a cockfight competition. Witnesses or the police can confuse you with another person. You can provide an alibi or evidence that you were not at the cockfighting scene.
Lack Of Evidence
Lack of evidence defense is common in most criminal cases, including those involving cockfighting lawsuits. The judge can drop your charges if there is unreliable or insufficient evidence to show that you engaged in or planned a cockfighting competition. This will include situations where there is no documentation of the offense, no witness, and no physical evidence. The allegations against you will be weak and subject to dismissal if there are no eyewitnesses, video recordings, or physical evidence linking you to the crime.
You Are A Victim Of Police Entrapment
Entrapment arises when police officers or other authorities coerce or induce you into committing an offense that you would not have otherwise committed. Your entrapment defense will be admissible in court if you can show that you were pressured or enticed to engage in cockfighting by the police or other law enforcement officers. You can raise this defense if undercover police officers approach and persuade you to engage in or plan a cockfight competition. The law allows you to present this argument if you would not have committed the crime were it not for the involvement of the police officers.
No Direct Participation or Intent
No intent is another defense you can present against your Penal Code 597b charges. Merely showing up at an event or witnessing a fight is insufficient to secure a conviction if you were not actively involved in planning, aiding, or abetting the fight. You can also claim that you had no intent to participate in or encourage the cockfighting. This defense is admissible in court if you were a spectator and did not encourage, actively participate, or organize the fight.
Lack Of Knowledge Of The Activity
Lack of knowledge is a common defense against a cockfighting charge under Penal Code 597b. This defense can only be valid if you prove you did not know about the unlawful activity. A friend can secretly hold a cockfighting competition on your property without your knowledge. Your charges can be dropped if you prove you were unaware of the competition.
Related Offenses To Penal Code 597b
Other offenses can be charged alongside PC 597b charges. Some of the crimes related to cockfighting under California law include the following:
Animal Cruelty – Penal Code 597(a)
It is a crime under PC 597a to kill, mistreat, or abuse animals. You will face charges under this law if you cause harm or death of an animal in other contexts, including general cruelty or neglect. If the prosecutor accuses you of animal cruelty, the prosecutor must prove the following elements:
- You caused unnecessary injury, suffering, or death to an animal
- You engaged in activities like poisoning, mutilating, or failing to provide proper care to the animal
You can face misdemeanor or felony charges if you are guilty of animal cruelty. This offense can attract fines, a jail term, and animal ownership restrictions.
Animal Abandonment – Penal Code 597.7
It is unlawful under Penal Code 597.7 to abandon an animal, especially in cases where the animal is left in an unsafe environment or can suffer injuries. This law covers more abandonment and neglect, but it can also apply when coupled with cockfighting or other forms of cruelty. If the prosecutor accuses you of animal abandonment, the prosecutor must prove the following elements:
- You abandoned an animal without enough care or provisions for its well-being
- You left an animal in a situation where it can suffer injuries, distress, or death
You will face misdemeanor charges if you are guilty of animal abandonment. This offense can attract the following penalties:
- A jail term that does not exceed six months
- A fine that does not exceed $1000
Find a Skilled Criminal Defense Attorney Near Me
Cockfighting is a serious offense under California law. A conviction of this seemingly innocent act can have far-reaching consequences, including a jail term, hefty fines, and having to pay restitution to the victim. If the prosecutor accuses you of this offense, contact a reliable attorney to help create a solid defense to fight your charges.
At the Law Offices of Anna R. Yum, we have committed attorneys with vast experience in criminal defense. No matter the intricacy of your charges, our attorneys will do everything possible to defend you. We understand the stress of facing criminal charges. Our attorneys also know that every case is unique. We provide personalized legal services to our customers instead of offering one-size-fits-all solutions. We will evaluate your case and decide on the best way to defend you. Contact us at 619-493-3461 for reliable legal guidance and representation in San Diego, CA.
