2C :33-31 Crime of dogfighting, penalties; definitions.

2C :33-31  Crime of dogfighting, penalties; definitions.

   1. a. A person is guilty of dog fighting if that person knowingly:

   (1)   keeps, uses, is connected with or interested in the management of, or receives money for the admission of a person to, a place kept or used for the purpose of fighting or baiting a dog;

   (2)   owns, possesses, keeps, trains, promotes, purchases, breeds or sells a dog for the purpose of fighting or baiting that dog;

   (3)   for amusement or gain, causes, allows, or permits the fighting or baiting of a dog;

   (4)   permits or suffers a place owned or controlled by that person to be used for the purpose of fighting or baiting a dog;

   (5)   is present and witnesses, pays admission to, encourages or assists in the fighting or baiting of a dog;

   (6)   gambles on the outcome of a fight involving a dog ; or

   (7)   owns, possesses, buys, sells, transfers, or manufactures dog fighting paraphernalia for the purpose of engaging in or otherwise promoting or facilitating the fighting or baiting of a dog.

   Dog fighting is a crime of the third degree.

   b. (1) In addition to any other penalty imposed, the court shall order:

   (a)   the seizure and forfeiture of any dogs or other animals used for fighting or baiting, and may upon request of the prosecutor or on its own motion, order any person convicted of a violation under this section to forfeit possession of: (i) any other dogs or other animals in the person's custody or possession; and (ii) any other property involved in or related to a violation of this section; and

   (b)   restitution, concerning the dogs or other animals seized and forfeited pursuant to subparagraph (a) of this paragraph, in the form of reimbursing any costs for all the animals' food, drink, shelter, or veterinary care or treatment, or other costs, incurred by any person, agency, entity, or organization, including but not limited to a county society for the prevention of cruelty to animals, any other recognized organization concerned with the prevention of cruelty to animals or the humane treatment and care of animals, a State or local governmental entity, or a kennel, shelter, pound, or other facility.

   (2)   The court may prohibit any convicted person from having future possession or custody of any animal for any period of time the court deems reasonable, including a permanent prohibition.

   c.   For the purposes of this section :

   "Dog fighting paraphernalia" means equipment, products, implements, and materials of any kind that are used, intended for use, or designed for use in the training, preparation, or conditioning of a dog for fighting, or in furtherance of dog fighting.

   "Bait" means to attack with violence, to provoke, or to harass a dog with one or more animals for the purpose of training the dog for, or to cause a dog to engage in, a fight with or among other dogs.

   d.   In determining whether an object is dog fighting paraphernalia, a tryer of fact may consider:

   (1)   the proximity of the object in time and space to any violation of this section;

   (2)   direct or circumstantial evidence of the intent of the person to deliver the object to any person whom the person in possession of the object knows, or should reasonably know, intends to use the object to violate this section;

   (3)   oral or written instructions concerning its use provided with, or found in the vicinity of, the object;

   (4)   descriptive materials accompanying the object which explain or depict its use; and

   (5)   any other relevant factors.

   L.2015, c.85, s.1; amended 2017, c.331, s.2; 2019, c.223, s.1.