§ 5-62-120.

(a) (1) A person commits the offense of unlawful dog fighting in the first degree if he or she knowingly:

(A) Promotes, engages in, or is employed at dog fighting;

(B) Receives money for the admission of another person to a place kept for dog fighting; or

(C) Sells, purchases, possesses, or trains a dog for dog fighting.

(2) Unlawful dog fighting in the first degree is a Class D felony.

(b) (1) A person commits the offense of unlawful dog fighting in the second degree if he or she knowingly:

(A) Purchases a ticket of admission to or is present at a dog fight; or

(B) Witnesses a dog fight if it is presented as a public spectacle.

(2) Unlawful dog fighting in the second degree is a Class A misdemeanor.

(c) Upon the arrest of any person for violating a provision of this section, the arresting law enforcement officer or animal control officer may seize and take custody of all dogs in the possession of the arrested person.

(d) (1) Upon the conviction of any person for violating a provision of this section, any court of competent jurisdiction may order the forfeiture by the convicted person of all dogs the use of which was the basis of the conviction.

(2) Any dog ordered forfeited under a provision of this subsection shall be placed in the custody of a society which is incorporated for the prevention of cruelty to animals or an animal control agency.

(e) In addition to the fines, penalties, and forfeitures imposed under the provisions of this section, the court may require the defendant to make restitution to the state, any of its political subdivisions, or a society which is incorporated for the prevention of cruelty to animals for housing, feeding, or providing medical treatment to a dog used for unlawful dog fighting.

HISTORY: Acts 1981, No. 862, § 1; A.S.A. 1947, § 41-2918.1; Acts 1987, No. 26, § 1; 1989, No. 528, § 1.