A cock is the male of any type of domestic fowl, and cockfighting is a blood sport in which two (or more) cocks are placed in a ring or confined area and encouraged to attack or fight each other. Cockfighting is illegal in all 50 states and the District of Columbia—but remains legal in Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands.
Although cockfighting is illegal in all states, the potential punishment for the crime varies from state to state. In thirteen states, a first offense charge of cockfighting is a misdemeanor—including Alabama, California, Hawaii, Kentucky, Louisiana, Mississippi, New Mexico, Ohio, South Carolina, South Dakota, Tennessee, Utah, and West Virginia. But in California, Louisiana, and New Mexico, second, third, and subsequent offenses may be prosecuted as felonies.
And some states also prohibit possession of cockfighting tools (implements) such as a gaff or slasher; ownership and training of cocks for the purpose of cockfighting; and attending cockfighting events.
Cockfighting laws are generally located in a state’s statutes—and usually in the state’s penal or criminal code.
In Texas, cockfighting is illegal under both state law and federal law. Texas Penal Code Section 42.09 specifically addresses the illegality of cockfighting, making it a crime to cause birds to fight with one another, to use property for cockfighting, to own or train a cock with the intent to fight, and to possess any device intended to enhance a bird's fighting ability. Additionally, attending a cockfight as a spectator is also prohibited. The penalties for cockfighting offenses in Texas can range from a Class A misdemeanor to a state jail felony, depending on the nature of the offense and the offender's criminal history. This reflects a strong stance against animal cruelty and the intent to deter participation in such activities. Furthermore, federal law also prohibits animal fighting under the Animal Welfare Act, and the 2014 Farm Bill made attending an animal fight a federal misdemeanor and imposed additional penalties for bringing a minor to such an event.
