Blog
Penal Code 597(b) PC | Cockfighting
Contents
Penal Code 597(b) PC | Cockfighting
Cockfighting–the act of making roosters fight each other–has been around for thousands of years. But these days, it’s illegal in all 50 states, including California. Let’s take a look at what California’s anti-cockfighting law says, what the penalties are for breaking it, and some of the common legal defenses.
What Does California Law Say About Cockfighting?
California’s main anti-cockfighting law is Penal Code 597(b) PC. This law makes it a crime to cause any kind of bird (but especially roosters) to fight each other or other animals for “amusement or gain.”
Specifically, the law says it’s illegal to:
- Cause a cockfight between roosters or between a rooster and another animal
- Injure or “worry” a rooster, or make it injure or worry another animal
- Allow cockfighting to happen on property you own or control
- Help with or encourage cockfighting in any way
Cockfighting is a misdemeanor in California. A first offense can be punished with up to 1 year in county jail and/or a fine of up to $10,000. Second and later offenses may be charged as felonies and can lead to state prison time.
Let’s look at some examples of illegal cockfighting under this law:
- Jose holds a cockfight in his backyard, charging spectators a fee to watch and bet on the roosters. He provides the birds and equipment. Jose is violating PC 597(b) by causing and profiting from cockfighting.
- Marissa hosts a cockfight on her ranch even though she doesn’t make any money from it. She’s still breaking the anti-cockfighting law.
- Bill attends a cockfight as a spectator and bets on the matches. He could be charged for supporting illegal cockfighting.
- Sara keeps roosters and trains them to fight, though she doesn’t actively make them fight. She may still face charges for possessing fighting birds.
As you can see, California law bans all aspects of cockfighting operations–from organizing fights to just watching them. Simply possessing birds or equipment for fighting is also illegal.
What are Some Legal Defenses?
Fighting criminal charges for cockfighting starts with examining potential defenses with your attorney. Here are some common defenses in these cases:
- You didn’t “cause” a fight: For a PC 597(b) charge, prosecutors have to prove you caused a fight to happen. If the birds started fighting spontaneously without your intent, you may not be liable.
- No “amusement or gain”: These cockfighting laws only apply to fights for entertainment or profit. For example, some cultures historically had ceremonial fights that may not apply.
- You weren’t “in control”: Only people who own or control property where cockfights happen can be charged. If you just attended but didn’t organize the event, you may not be liable.
- Misidentification: Mistaken identity is also a defense. If you can show you weren’t at the event in question, you can fight the charges.
An experienced criminal defense lawyer can help assess whether any of these defenses apply in your case.
What are the Penalties?
A first cockfighting conviction under PC 597(b) is a misdemeanor punishable by:
- Up to 1 year in county jail, and/or
- A fine of up to $10,000
Second and later convictions can be charged as felonies. Possible penalties include:
- 16 months, 2 years, or 3 years in state prison
- A fine of up to $25,000
Related charges may also apply:
- Spectating: Up to $5,000 fine and 6 months county jail
- Possessing fighting birds: Up to $10,000 fine and 1 year county jail
- Animal cruelty: Up to $20,000 fine and 1 year jail
What is Cockfighting?
Cockfighting is a blood sport where roosters or other birds fight, often to the death, for entertainment and gambling. Cockfights have ancient roots but are now banned in the U.S. and many other countries due to cruelty concerns.
In organized cockfighting events, roosters have sharp implements like knives or gaffs attached to their legs. They are put into a ring or pit and encouraged to scratch, peck, and kick each other. Fights end when one bird dies, flees, or shows injury/exhaustion.
Spectators often gamble on the fights. Injured birds who don’t die in the ring are sometimes killed afterwards. Major cockfighting operations can earn organizers significant illegal profits.
In addition to anti-cockfighting laws, California also has general animal cruelty laws that could apply. For example, Penal Code 597 bans:
- Torturing, mutilating, or killing animals
- Overworking or depriving necessary care for animals
- Animal fighting
Penal Code 597.5 PC specifically bans dogfighting. Other laws prohibit livestock cruelty, pet store abuse, and harming police animals.
Though cockfighting itself is banned, chickens still have limited legal protections compared to dogs, cats and other pets. But wanton cruelty may violate the general animal abuse laws.
Get Legal Help Fighting Cockfighting Charges
Cockfighting charges should always be taken seriously. The penalties can be severe, and convictions may also lead to property or asset forfeiture.
Having an experienced California criminal defense lawyer is critical. They can often negotiate reduced charges or punishments and in some cases even get charges dismissed.
To discuss your case in a free and confidential consultation, contact a local law firm today. With the right legal strategy, you can fight these allegations and move forward with your life.