AN ACT

 

1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, further providing for the offense of
3cruelty to animals.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 5511(q) of Title 18 of the Pennsylvania
7Consolidated Statutes is amended by adding a definition and the
8section is amended by adding a subsection to read:

9§ 5511. Cruelty to animals.

10* * *

11(h.2) Possession of animal fighting paraphernalia.--<-A person
<-12In addition to any other penalty provided by law, a person
13commits a misdemeanor of the third degree if he knowingly owns
14or possesses animal fighting paraphernalia.

1* * *

2(q) Definitions.--As used in this section, the following
3words and phrases shall have the meanings given to them in this
4subsection:

5* * *

6"Animal fighting paraphernalia." Any device, implement,
7object, facility, space or drug used, or intended to be used,
8for animal fighting, to train an animal for animal fighting or
9in furtherance of animal fighting. <-In determining whether an 
10object is animal fighting paraphernalia, a court or other 
11authority should consider statements by an owner or by anyone in 
12control of the object concerning its use, any prior convictions 
13under Federal or State law relating to animal fighting, the 
14proximity of the object in time and space to the direct 
15violation of this section, direct or circumstantial evidence of 
16the intent of the accused to deliver the object to persons whom 
17he or she knows or should reasonably know intends to use the 
18object to facilitate a violation of this section, oral or 
19written instructions provided with or in the vicinity of the 
20object concerning its use, descriptive materials accompanying 
21the object which explain or depict its use and all other 
22logically relevant factors.

23* * *

24Section 2. This act shall take effect in 60 days.

 

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