What is Dogfighting (Penal Code § 597.5)? Penalties?

In certain communities and areas in California, people breed dogs to fight and set up fights between dogs. 

 

Years ago, this crime captured public attention through the media when former number one draft pick and 13-year NFL quarterback Michael Vick was convicted of this in federal court, due to transporting dogs across state lines, and was sentenced to 23 months in federal prison.

While it may be legal in other countries, it is illegal in California.  California Penal Code § 597.5 makes it a crime to own, possess, keep or train a dog for the purpose of having it engage in dogfighting.  The statute also prohibits being present where a dogfight is taking place.

It states, “(a) Any person who does any of the following is guilty of a felony and is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, or by a fine not to exceed fifty thousand dollars ($50,000), or by both that fine and imprisonment:

(b) Any person who is knowingly present, as a spectator, at any place, building, or tenement where preparations are being made for an exhibition of the fighting of dogs, with the intent to be present at those preparations, or is knowingly present at that exhibition or at any other fighting or injuring as described in paragraph (2) of subdivision (a), with the intent to be present at that exhibition, fighting, or injuring, is guilty of an offense punishable by imprisonment in a county jail not to exceed one year, or by a fine not to exceed five thousand dollars ($5,000), or by both that imprisonment and fine.”

In other words, it is a “straight felony” to organize, promote, train, possess a dog for purposes of, or permit a dog fight, punishable by up to three years in state prison (to be served in county jail unless one is s sex offender).  It is a misdemeanor to be knowingly present as a spectator to watch a dog fight.

Organized dog fights are often associated with other crimes such as animal cruelty and illegal gambling and may encourage people to engage in public intoxication, possession and sales of controlled substance, being in possession of stolen property and illegal firearms, etc.  The crime may also be committed to aid, further or assist a criminal street gang under Penal Code § 186.22.

Someone can be guilty of this by simply breeding dogs and knowingly then selling the dogs to people who that person knows will use or train the dogs in fighting with other dogs.  It can also be committed by making one’s property available for use for dogfighting, whether or not that person charges money for such use.  Anyone who breeds pit bulls should expect to be scrutinized for violating § 597.5.

Someone would be quite vulnerable to being charged with this crime if he or she posts something online, i.e., on Facebook or Instagram, about dogfighting.  The evidence to charge one with this as a felony would be regarded as strong.

However, even a person who does not methodically and carefully plan such fights, but who is just walking his or her dog and allows his dog to attack another dog, knowing that would happen, could be charged with violating section 597.5.

Often, one charged with violating 597.5 will defend himself by saying he or she did not own the dogs, encourage the fight(s) or cause the fight(s).  He or she was just there and the case resolves for a misdemeanor with defendant as a spectator, perhaps even resolving with judicial diversion and a dismissal.