1. Animal Law
CRJS 230
Hudson Valley Community
College
Valerie A. Lang, J.D., M.L.S.

2. Stolen from New Haven
Animal Shelter January 2007

3. NEW YORK:
The term, “Animal Fighting”
shall mean any fight between
dogs or any other animals.

4. $$$$$$$$$$$$
• Dog fighting generates many millions of
dollars in unreported income every year.

5. Formal Agreement
In dog fighting, a formal agreement is usually signed by
the owners of the dogs to be matched, often several
months in advance of the fight date.

6. Informal Side Bets
The second and most visible form of gambling at a
dogfight involves informal side bets among
individual spectators.

7. Promoters of animal fights usually
reap large sums of money from
concession sales, such as alcoholic
beverages, admissions fees, and sale
of paraphernalia.

8. $$$$$$$$$$$$
Another way those involved in animal
fighting ventures make money is by selling
animals and breeding services.
Champion fighting dog - $10,000+
Stud fees - $1,000+
Puppies - $150-$1,500+

9. Breeds Criminal Activity
• Organized Crime
• Drug Trafficking/Narcotics
• Money Laundering
• Gambling
• Child Endangerment
• Weapons
• Gang Bangers
• Rape/Homicide

10. Pitbull Problem Flash Video
the pit bull problem (what is man
without the beasts?) - flash

11. • New York’s animal cruelty law includes
– felony charges or
– misdemeanor charges depending on the
activity.
– Agriculture and Markets Law, Article 26,
Section 351

12. New York Felony Provisions

13. Any person who engages in any of the
following conduct is guilty of a felony:
(a) For amusement or gain, causes any animal to
engage in fighting
Example: Danielle and Ashley are walking down the
streets of Troy with Danielle’s pit bull dog named Blue.
Another pit bull is walking down the street in their
direction. Danielle looks at Ashley and says, “Let’s see
what they can do.” Ashley agrees. The fight
commences.

14. Any person who engages in any of the
following conduct is guilty of a felony:
(b)Trains, (c) breeds or sells any animal
under circumstances evincing an intent
that such animal engage in fighting

15. Any person who engages in any of the
following conduct is guilty of a felony:
(d) Permits these acts (causes a fight, trains,
breeds, or sells) to occur on premises under his
control
Example: Audrey organizes a cock fight at her party
Saturday afternoon. None of the animals in the fight are
hers, but she arranged the event.

16. FELONY
(e) Owns or
possesses any
animal trained to
engage in fighting
on premises where
fighting is being
conducted under
circumstances
evincing an intent
that such animal
engage in fighting.

17. New York Misdemeanor
Provisions

18. It is a misdemeanor to:
• Own, possess or keep any animal under
circumstances evincing an intent that such
animal engage in fighting.

19. It is a misdemeanor in New York
to:
• Be a spectator at a fight. Punishable by up to three
months in prison and a $500 fine. A second offense will carry up to a
year in prison and a $1,000 fine.

20. In the U.S., fighting dogs are almost
exclusively American pit bull terriers.
Pit bulls used for
fighting are often kept
in a “yard” on
extremely heavy
chains. This is done to
strengthen neck
muscles as well as
keep the dogs from
attacking each other.

21. How to find out of dog fighting is
going on in your area
• Check local newspapers and the Want Ad
Digest for ads of “Game Bred” Pit Bulls.
• Check the Internet.
• Talk to Animal Control Officers.
• Check with the local Town Clerk.
• Check area airports to ascertain if pit bulls
are being flown in or out.

22. Law Enforcement: Be suspicious of
reports regarding stolen dogs in your
patrol area.

25. Enforcement of Animal
Fighting Laws

26. Due to the usually large group of
suspects that may be present at
illegal animal fighting exhibitions,
and the specialized nature of these
criminal activities, there are a
number of common problems
associated with enforcement of
animal fighting laws.

27. Common Problems:
 Having enough law enforcement personnel
on the scene to detain and arrest all suspects
while ensuring officer safety and preserving
evidence
 INTENT – responsibility of law enforcement
on scene to gather evidence to establish intent
 THIS IS CRITICAL when you read Art. 26 Sec. 351

28. Search Warrants:
• When executing a Search Warrant, do not
allow the news media on the property.
• Photograph the entire scene as well as each
animal.
• Seize all evidence used for training
including; chains, collars, spring poles,
weight scales, breaking sticks, drugs,
magazines, trophies, computers, breeding
records, carpet, components of any pits,
guns, other weapons, etc.

29. Spring pole, breaking
stick, treadmill, magazines, dru
gs, alcohol

30. Take several photos of injuries

31. .

32. .

33. .

34. Suggested “On the Scene”
Questions:
Why are you here?
How did you get here?
How were you going to leave?
Who did you come with?
What did you see?
How long before you were detained did you
see it going on?

35. Retain copies
• Keep a copy of all records of originals
turned over to the police or ADA.
• Keep a copy of all photographs.

36. Recommendations:
Arrest only those persons whose proximity
to and conduct at the location leave no
reasonable doubt as to the reason for their
presence there.

37. Recommendations
Have the officer’s report reflect, with
respect to each arrestee, what he or she was
doing when first observed, and where in
relation to the fight scene it was being done.
Videotape the scene (without comments
unless they are very neutral) and those
present immediately before arrests
commence.

38. Recommendations
Question persons on the scene. Caution
must be taken when questioning persons
without first providing Miranda warnings.
“General on-the-scene-questioning” - OK
BUT “Actual arrest or restraint on freedom of
the degree associated with formal arrest” -
Statements made by questioned persons may be
inadmissible in court!

39. Coordinate with
Law Enforcement
• Because of the
specialized nature
of the criminal
activity, participant
s are often scattered
over a wide area
involving multiple
jurisdictions.

40. Think Outside the Box!
Additional Charges
Criminal mischief, arson, destruction of property
Child endangerment
Unlawful entry on property such as burglary or trespass
Assault with a dangerous instrument
Nuisance, noise, zoning, housing code violations
Local dog control laws

42. The Vick Case

44. April 25, 2007:
• Virginia State Police and animal-control
officers seize 66 dogs (53 pit bulls) and dog
fighting evidence from property owned by
Michael Vick. Dogs are distributed to six
different animal control shelters throughout
Virginia.

45. June 7, 2007:
• U.S. attorney's office, U.S. Department of
Agriculture and Virginia State Police
present warrant and search Vick's property.

46. July 2, 2007:
• Federal authorities file court documents
alleging that a dog fighting venture had
operated at the Vick property for the past
five years.
– The U.S. attorney's office files papers seeking
federal government ownership of 53 pit bulls
that were among the dogs seized from Vick's
property.

47. July 6, 2007:
• Federal authorities now on the case,
evidence of dog fighting in the form of
animal remains is discovered.

48. July 17, 2007:
• Vick and three other men are indicted by a
federal grand jury on dog fighting charges
for activity over a six year period.

49. July 19, 2007:
• Nike suspends the release of a new Vick
footwear line, but allows current Vick
products to remain for sale.
•

50. July 24, 2007:
• Atlanta Falcons owner Arthur Blank holds a
news conference and calls Vick’s behavior
"horrific."

51. July 26, 2007:
• Vick pleads not guilty in federal court in
Richmond, VA.

52. July 27, 2007:
Reebok, Upper Deck Trading Cards and
Rawlings Sports Goods end relationship
with Vick.
• Entering month four of confinement for
dogs.

53. July 30, 2007:
• Co-defendant Tony Taylor pleads guilty to
dog-fighting charges and agrees to
cooperate with the prosecution.

54. July 30, 2007:
• BAD RAP submits rescue proposal to
federal prosecutor, requesting permission to
evaluate dogs for placement potential.

55. Aug. 1, 2007:
• Surry County Animal Control Officer James
Smith about the Vick dogs, “They are in
good shape,” he said. “They are not violent
to humans.”

56. Aug. 17, 2007:
• Vick's other two co-defendants, Purnell
Peace and Quanis Phillips, plead guilty to
dog fighting charges and admit to killing
dogs "that did not perform well" by hanging
and drowning.
•

57. Aug. 20, 2007:
• Vick's lawyer, Billy Martin, says that Vick
agrees to plead guilty to dog fighting
charges which could have resulted in prison
sentences between 12 months and 5 years.
• BAD RAP and the ASPCA agree to partner to evaluate the dogs.

58. Aug. 23, 2007:
• Vick signs plea agreement in federal court
and statement of facts admitting to
conspiracy in a dog fighting ring and
helping kill pit bulls.

59. Vick’s Plea of Guilty
• He admitted to providing most of the financing for the
operation and to participating directly in several dog fights
in Virginia, Maryland, North Carolina and South Carolina.
He admitted to sharing in the proceeds from these dog
fights. He further admitted that he knew his colleagues
killed several dogs who did not perform well. He admitted
to being involved in the destruction of 6–8 dogs, by
hanging or drowning.
– He denied placing any side bets on the dogfights.

60. Aug. 28, 2007:
• Entering month five of confinement for
dogs. All groups begin a 'gag order' to
prevent news leaks or publicity that might
compromise the legal proceedings.

61. September 2007:
•
Sept. 3, 2007: BAD RAP officers Tim Racer and Donna
Reynolds and colleague Justin Phillips from SPCA
Monterey County leave CA to join Vick dog evaluation
team in VA. Evaluations commence on Sept 4-6.
•
Sept. 9, 2007: BAD RAP submits evaluation results and
recommendations for disposition of individual dogs to
foster care homes and to sanctuary care.
•
Sept. 25, 2007: Entering month six of confinement for
dogs.

62. Oct. 1, 2007:
• Motion filed in Virginia U. S. District Court
to move all but one dog to foster families or
sanctuaries.
Report reveal that only one dog displayed aggression towards humans
and numerous dogs presented "no threat to
other animals.”

63. Oct. 16, 2007:
• Professor and animal law expert Rebecca
Huss of Valparaiso University School of
Law named guardian of dogs in Vick case.

64. Oct. 17-20, 2007:
• BAD RAP officer Tim Racer returns to VA
to accompany Guardian/Special Master
Rebecca Huss in conducting Round Two of
dog evaluations.
– BAD RAP works with Huss to arrange interim foster care of 16 foster/observation status dogs
so they can receive relief from shelter confinement.

65. October 2007
Oct. 21, 2007: Three dogs quietly leave the shelters with
east coast rescue groups. BAD RAP representatives begin
cross-country road trip to bring 13 dogs to new lives with
three different organizations on the west coast.

66. Nov. 6, 2007:
BAD RAP representative Nicole Rattay relocates to VA to begin
six weeks of daily exercise and care for the dogs still remaining
in shelter. Nicole's daily updates and observations of sheltered
dogs offer invaluable insights that allow Special Master Huss to
create placement matches with approved rescue organizations.

67. Nov. 12, 2007:
• Deadline closes for rescues to submit
applications.

68. Nov 20, 2007:
• U. S. District Court orders Michael Vick to
pay $928,073.00 as "restitution" for
expenses incurred in caring for "the victim
pit bulls."

69. Dec. 3, 2007:
Special Master Guardian Rebecca Huss submits
recommendations for disposition of Vick dogs to Judge
Hudson in Special Master Report Eight groups named to
be permanent caretakers of Vick dogs.

70. December 10, 2007
Vick appeared in U.S. District Court in
Richmond for sentencing. Judge
Hudson said he was "convinced that it
was not a momentary lack of
judgment" on Vick's part, and that
Vick was a "full partner" in the dog
fighting ring, and he was sentenced to
serve 23 months in federal prison.
Hudson noted that, despite Vick's
claims that he accepted responsibility
for his actions, his failure to cooperate
fully with federal officials, coupled
with a failed drug test and a failed
polygraph, showed that Vick had not
accepted full responsibility for
"promoting, funding and facilitating
this cruel and inhumane sporting
activity". Vick was assigned to United
States Penitentiary, Leavenworth, a
federal prison facility in Leavenworth,
Kansas to serve his sentence.

71. Federal Law Vick was in
prison for violating…
7 USCS § 2156 (AWA)
§ 2156. Animal fighting venture prohibition
(a) Sponsoring or exhibiting an animal in an animal fighting venture.
(1) In general. Except as provided in paragraph (2), it shall be unlawful
for any person to knowingly sponsor or exhibit an animal in an animal
fighting venture, if any animal in the venture was moved in interstate
or foreign commerce.
(b) Buying, selling, delivering, or transporting animals for participation in animal fighting
venture. It shall be unlawful for any person to knowingly sell, buy, transport, deliver,
or receive for purposes of transportation, in interstate or foreign commerce, any
dog or other animal for purposes of having the dog or other animal participate
in an animal fighting venture.

72. Original charges:
• (1) Conspiracy to travel in
interstate commerce in aid
of unlawful activities
(conspiracy to engage in
racketeering) and (2)
Conspiracy to sponsor a dog
in an animal fighting
venture
• Plea: single conspiracy
count for running a brutal
interstate dogfighting ring
with three co-conspirators

73. State Criminal Prosecution
• Separate Virginia charges against all four men were placed
following indictments by the Surry County grand jury
when it met on September 25, 2007.
• Vick was charged with two class 6 felonies, which carry a
maximum penalty of five years imprisonment for each
charge.

74. State trial and sentencing
• In late November 2008, Vick was transported to Virginia
to face state charges.
• He submitted a guilty plea to a single Virginia felony
charge for dog fighting, receiving a 3 year prison sentence,
imposition of which was suspended upon condition of
good behavior, and a $2500 fine.
• In return for the plea agreement, the other charge was
dropped. Vick, Federal Bureau of Prisons (BOP) ID#
33765-183, was released on July 20, 2009.

75. Animal Fighting Prohibition
Enforcement Act (2007)
• It should make it much harder for criminals who engage in dog
fighting and cockfighting to continue their operations.
• Each violation of the federal law may bring up to three years in prison
and up to a $250,000 fine.
• Signed into law by President George W. Bush, the law took effect
immediately (May 3, 2007), but Vick escaped the imposition of even
more felony penalties because the animal fighting allegations against
him preceded the new federal law.

76. HSUS
$5,000 Reward

77. ASPCA
• Combating Dogfighting
– The U.S. Department of Justice’s COPS Office
and the ASPCA team up.
– www.aspcapro.org/cops

78. It’s in our hands.

80. NEW YORK:
•
The term, “Animal Fighting” shall mean
any fight between
• A. Dogs or any other animals
• B. Jen and Donna
• C. Cats and dogs
• D. Obama and Biden

81. Gambling
• The most visible form of gambling at a
dogfight involves
• A. formal agreements made months in
advance
• B. Impromptu street fights for cash
• C. informal side bets among individual
spectators
• D. Russian Roulette

82. Breeds of Criminal Activity
Associated with Dog Fighting
• A. Child Endangerment
• B. Weapons & drugs
• C. Rape/Homicide
• D. All of the above

83. When Executing a Search
Warrant
• A. You can allow the news media on the
property.
• B. Photograph the entire scene as well as
each animal.
• C. Seize all evidence used for training
including; chains, collars, spring poles, etc.
• D. B and C

84. The Animal Fighting Law in NY
is located in:
• A. NYS Ag. & Mkts. Law Article 26
Section 353
• B. NYS Ag. & Mkts. Law Article 26
Section 351
• C. NYS Ag. & Mkts. Law Article 26-A
• D. My back pack

85. It is a in NY felony to:
• A. For amusement or gain, cause any
animal to engage in fighting
• B. Train, breed or sell any animal under
circumstances evincing an intent that such
animal engage in fighting
• C. Permit these acts (cause a fight, trains,
breeds, or sells) to occur on premises under
his/her control
• D. All of the above

86. Which is a felony in NY?
• A. Be a spectator at a fight
• B. Own, possess or keep any animal under
circumstances evincing an intent that such animal
engage in fighting
• C. Own or possess any animal trained to engage in
fighting on premises where fighting is being
conducted under circumstances evincing an intent
that such animal engage in fighting
• D. B and C

87. Vick was in prison for violating:
• A. Virginia’s animal fighting law
• B. Sponsoring or exhibiting an animal in an
animal fighting venture
• C. The federal Animal Fighting Prohibition
Enforcement Act
• D. Virginia’s felony animal cruelty law

88. Vick served time for state animal
fighting charges
• A. No, the charges were dropped.
• B. Vick served 18 months in Richmond, VA.
• C. There were only federal charges.
• D. Vick submitted a guilty plea to a single
Virginia felony charge for dog fighting, receiving
a 3 year prison sentence, imposition of which was
suspended upon condition of good behavior, and a
$2500 fine.

89. You can make a difference.
• A. When you know the law
• B. When you recognize the evidence
• C. When you persist with police,
respectfully
• D. All of the above