GENERAL ASSEMBLY OF NORTH CAROLINA
1997 SESSION
S.L. 1997-78
AN ACT TO CREATE THE FELONY OFFENSE OF DOG FIGHTING AND BAITING.
The General Assembly of North Carolina enacts:
Section 1. Article 47 of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14-362.2. Dog fighting and baiting.
(a) A person who instigates, promotes, conducts, is employed at, provides a dog for, allows property under his ownership or control to be used for, gambles on, or profits from an exhibition featuring the fighting or baiting of a dog is guilty of a Class H felony. A lease of property that is used or is intended to be used for an exhibition featuring the fighting or baiting of a dog is void, and a lessor who knows this use is made or is intended to be made of his property is under a duty to evict the lessee immediately.
(b) A person who owns, possesses, or trains a dog with the intent that the dog be used in an exhibition featuring the fighting or baiting of that dog is guilty of a Class H felony.
(c) A person who participates as a spectator at an exhibition featuring the fighting or baiting of a dog is guilty of a Class H felony."
Section 2. G.S. 14-362.1 reads as rewritten:
"§
14-362.1. Animal fights, other than cock fights, and animal baiting. fights
and baiting, other than cock fights, dog fights and dog baiting.
(a) A person who
instigates, promotes, conducts, is employed at, provides an animal for, allows
property under his ownership or control to be used for, or profits from an
exhibition featuring the fighting or baiting of an animal, other than a cock,
cock or a dog, is guilty of a Class 2 misdemeanor. A lease of
property that is used or is intended to be used for an exhibition featuring the
fighting or baiting of an animal, other than a cock, cock or a dog, is
void, and a lessor who knows this use is made or is intended to be made of his
property is under a duty to evict the lessee immediately.
(b) A person who owns,
possesses, or trains an animal, other than a cock, cock or a dog, with
the intent that the animal be used in an exhibition featuring the fighting or
baiting of that animal or any other animal is guilty of a Class 2 misdemeanor.
(c) A person who
participates as a spectator at an exhibition featuring the fighting or baiting
of an animal, other than a cock, cock or a dog, is guilty of a
Class 2 misdemeanor.
(d) A person who commits an offense under subsection (a) within three years after being convicted of an offense under this section is guilty of a Class I felony.
(e) This section does not prohibit the lawful taking or training of animals under the jurisdiction and regulation of the Wildlife Resources Commission."
Section 3. This act becomes effective December 1, 1997, and applies to offenses committed on or after that date.
In the General Assembly read three times and ratified this the 15th day of May, 1997.
s/ Dennis A. Wicker
President of the Senate
s/ Harold J. Brubaker
Speaker of the House of Representatives
s/ James B. Hunt, Jr.
Governor
Approved 5:41 p.m. this 22nd day of May, 1997