Colorado § 18-9-204 - Animal fighting - penalty.

§ 18-9-204. Animal fighting - penalty.

(1) (a) No person shall cause, sponsor, arrange, hold, or encourage a fight between animals for the purpose of monetary gain or entertainment.

(b) For the purposes of this section, a person encourages a fight between animals for the purpose of monetary gain or entertainment if he or she:

(I) Is knowingly present at or wagers on such a fight;

(II) Owns, trains, transports, possesses, breeds, sells, transfers, or equips an animal with the intent that such animal will be engaged in such a fight;

(III) Knowingly allows any such fight to occur on any property owned or controlled by him;

(IV) Knowingly allows any animal used for such a fight to be kept, boarded, housed, or trained on, or transported in, any property owned or controlled by him;

(V) Knowingly uses any means of communication for the purpose of promoting such a fight; or

(VI) Knowingly possesses any animal used for such a fight or any device intended to enhance the animal's fighting ability.

(2) (a) A person who violates the provisions of this section commits a class 5 felony and, in addition to the punishment provided in section 18-1.3-401, the court shall impose upon the person a mandatory fine of at least one thousand dollars.

(b) (Deleted by amendment, L. 2023.)

(3) Nothing in this section shall prohibit normal hunting practices as approved by the division of parks and wildlife.

(4) Nothing in this section shall be construed to prohibit the training of animals or the use of equipment in the training of animals for any purpose not prohibited by law.

Source: L. 71: R&RE, p. 472, § 1. C.R.S. 1963: § 40-9-204. L. 79: Entire section repealed, p. 1223, § 29, effective June 21. L. 81: Entire section RC&RE, p. 972, § 16, effective July 1. L. 85: Entire section R&RE, p. 678, § 1, effective July 1. L. 90: (1)(a), IP(1)(b), (1)(b)(I), (1)(b)(II), and (4) amended and (1)(b)(IV) to (1)(b)(VI) added, p. 1612, § 6, effective July 1. L. 2002: (2) amended, p. 1517, § 205, effective October 1. L. 2003: IP(1)(b) and (1)(b)(II) amended, p. 2095, § 4, effective July 1. L. 2015: (2) amended, (HB 15-1062), ch. 31, p. 75, § 1, effective August 5. L. 2023: (2) amended, (HB 23-1293), ch. 298, p. 1790, § 38, effective October 1.

Cross references: For the legislative declaration contained in the 2002 act amending subsection (2), see section 1 of chapter 318, Session Laws of Colorado 2002.

ANNOTATION

The press has no right to engage in activities that are otherwise illegal for the purpose of reporting the news. People v. Bergen, 883 P.2d 532 (Colo. App. 1994).

Dogfight "for the purpose" of entertainment or monetary gain is distinguished from the type of confrontation that happens unintentionally because of a chance encounter between two or more uncontrolled dogs. People v. Bergen, 883 P.2d 532 (Colo. App. 1994) (decided under section as it existed prior to 1990 amendment).

Term "knowingly" in subsection (1)(b)(I) distinguishes guilty parties from those who inadvertently find themselves at a dogfight and those who are at the scene but unaware that a dogfight is taking place. There is no requirement that the attendee be at the scene for the purpose of fun or profit. People v. Bergen, 883 P.2d 532 (Colo. App. 1994) (decided under section as it existed prior to 1990 amendment).

"Knowing presence" mental state requirement for spectators is constitutional. No more specific mental state need be required, given legislative purpose to discourage dogfights by prohibiting attendance by spectators regardless of whether the spectators are enthusiastic, neutral, or disgusted observers. People v. Bergen, 883 P.2d 532 (Colo. App. 1994) (decided under section as it existed prior to 1990 amendment).

Muzzling of dogs is irrelevant under this section. People v. Bergen, 883 P.2d 532 (Colo. App. 1994) (decided under section as it existed prior to 1990 amendment).