12 | 13 | | A BILL TO BE ENTITLED 1 |
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13 | 14 | | AN ACT TO PROHIBIT THE ATTENDANCE OF MINORS AT CERTAIN EXHIBITIONS 2 |
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14 | 15 | | OF ANIMAL FIGHTING, TO PROHIBIT POSSESSION OF CERTAIN ANIMALS WITH 3 |
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15 | 16 | | THE INTENT THAT THEY BE USED IN EXHIBITIONS OF ANIMAL FIGHTING , AND 4 |
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16 | 17 | | TO PROHIBIT THE POSSESSION OF ANIMAL FIGHTING PARAPHERNALIA . 5 |
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17 | 18 | | The General Assembly of North Carolina enacts: 6 |
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18 | 19 | | SECTION 1. G.S. 14-362 reads as rewritten: 7 |
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19 | 20 | | "§ 14-362. Cockfighting. 8 |
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20 | 21 | | (a) A person who instigates, promotes, conducts, is employed at, allows property under 9 |
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21 | 22 | | his ownership or control to be used for, participates as a spectator at, causes or allows a minor 10 |
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22 | 23 | | under 18 years of age to be present at, or profits from from, an exhibition featuring the fighting 11 |
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23 | 24 | | of a cock is guilty of a Class I H felony. A lease of property that is used or is intended to be used 12 |
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24 | 25 | | for an exhibition featuring the fighting of a cock is void, and a lessor who knows this use is made 13 |
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25 | 26 | | or is intended to be made of his property is under a duty to evict the lessee immediately. 14 |
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26 | 27 | | (b) A person who knowingly owns, possesses, trains, buys, sells, offers to buy or sell, or 15 |
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27 | 28 | | transports a cock to be used in an exhibition featuring the fighting of that cock with another cock 16 |
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28 | 29 | | or another animal is guilty of a Class H felony." 17 |
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29 | 30 | | SECTION 2. G.S. 14-362.2 reads as rewritten: 18 |
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30 | 31 | | "§ 14-362.2. Dog fighting and baiting. 19 |
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31 | 32 | | (a) A person who instigates, promotes, conducts, is employed at, provides a dog for, 20 |
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32 | 33 | | causes or allows a minor under 18 years of age to be present at, allows property under the person's 21 |
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33 | 34 | | ownership or control to be used for, gambles on, or profits from an exhibition featuring the baiting 22 |
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34 | 35 | | of a dog or the fighting of a dog with another dog or with another animal is guilty of a Class H 23 |
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35 | 36 | | felony. A lease of property that is used or is intended to be used for an exhibition featuring the 24 |
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36 | 37 | | baiting of a dog or the fighting of a dog with another dog or with another animal is void, and a 25 |
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37 | 38 | | lessor who knows this use is made or is intended to be made of the lessor's property is under a 26 |
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38 | 39 | | duty to evict the lessee immediately. 27 |
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39 | 40 | | (b) A person who knowingly owns, possesses, or trains trains, buys, sells, offers to buy 28 |
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40 | 41 | | or sell, or transports a dog with the intent that the dog to be used in an exhibition featuring the 29 |
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41 | 42 | | baiting of that dog or the fighting of that dog with another dog or with another animal is guilty 30 |
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42 | 43 | | of a Class H felony. 31 |
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43 | 44 | | …." 32 |
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44 | 45 | | SECTION 3. Article 47 of Chapter 14 of the General Statutes is amended by adding 33 |
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45 | 46 | | a new section to read: 34 |
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48 | 53 | | (a) For purposes of this section, the term "animal fighting paraphernalia" means 1 |
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49 | 54 | | equipment, products, implements, and materials of any kind that are used, intended for use, or 2 |
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50 | 55 | | designed for use in the training, preparation, conditioning, or furtherance of animal fighting, and 3 |
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51 | 56 | | includes, but is not limited to, the following: breaking sticks, cat mills, fighting pits, springpoles, 4 |
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52 | 57 | | or gaffs, slashers, heels, or any other sharp implement designed to be attached in place of the 5 |
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53 | 58 | | natural spur of a cock or game fowl. In determining whether an object is animal fighting 6 |
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54 | 59 | | paraphernalia under this section, the court shall consider all of the following: 7 |
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55 | 60 | | (1) Any prior convictions under federal or state law relating to animal fighting. 8 |
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56 | 61 | | (2) The proximity of the object in time and space to the direct violation of this 9 |
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57 | 62 | | G.S. 14-362, 14-362.1, or 14-362.2. 10 |
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58 | 63 | | (3) Direct or circumstantial evidence of the intent of the accused to deliver the 11 |
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59 | 64 | | object to persons whom he or she knows or should reasonably know intend to 12 |
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60 | 65 | | use the object to facilitate a violation of G.S. 14-362, 14-362.1, or 14-362.2. 13 |
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61 | 66 | | (4) Oral or written instructions provided with or in the vicinity of the object 14 |
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62 | 67 | | concerning its use. 15 |
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63 | 68 | | (5) Descriptive materials accompanying the object which explain or depict its use. 16 |
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64 | 69 | | (6) Any other logically relevant factors. 17 |
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65 | 70 | | (b) A person who possesses, buys, sells, or manufactures animal fighting paraphernalia 18 |
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66 | 71 | | with the intent to promote, engage in, or facilitate a violation of G.S. 14-362, 14-362.1, or 19 |
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67 | 72 | | 14-362.2, is guilty of a Class 1 misdemeanor. 20 |
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68 | 73 | | (c) Nothing in this section shall be construed to prohibit the training of animals or the use 21 |
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69 | 74 | | of equipment in the training of animals for any purpose not prohibited by law." 22 |
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70 | 75 | | SECTION 4. If any provision of this act or its application is held invalid, the 23 |
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71 | 76 | | invalidity does not affect other provisions or applications of this act that can be given effect 24 |
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72 | 77 | | without the invalid provisions or application and, to this end, the provisions of this act are 25 |
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73 | 78 | | severable. 26 |
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74 | 79 | | SECTION 5. This act becomes effective December 1, 2025, and applies to offenses 27 |
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75 | 80 | | committed on or after that date. 28 |
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