This statutory database is current through the 2004 Regular Session of the South Carolina General Assembly. Changes to the statutes enacted by the 2005 General Assembly, which will convene in January 2005, will be incorporated as soon as possible. Some changes enacted by the 2005 General Assembly may take immediate effect. The State of South Carolina and the South Carolina Legislative Council make no warranty as to the accuracy of the data, and users rely on the data entirely at their own risk.
Title 16 - Crimes and Offenses
ANIMAL FIGHTING AND BAITING ACT
This chapter is known and may be cited as "The Animal Fighting and Baiting Act".
As used in this chapter:
(a) "Animal" means any live vertebrate creature, domestic or wild.
(b) "Fighting" means an attack with violence by an animal against another animal or a human.
(c) "Baiting" means to provoke or to harass an animal with one or more animals with the purpose of training an animal for, or to cause an animal to engage in, fights with or among other animals or between animals and humans.
(d) "Person" means every natural person or individual and any firm, partnership, association, or corporation.
Acts or omissions constituting felonies; penalties.
Any person who:
(a) owns an animal for the purpose of fighting or baiting;
(b) is a party to or causes any fighting or baiting of any animal;
(c) purchases, rents, leases, or otherwise acquires or obtains the use of any structure, facility, or location for the purpose of fighting or baiting any animal; or
(d) knowingly allows or permits or makes available any structure, facility, or location to be used for the purpose of fighting or baiting any animal is guilty of a felony and upon conviction must be punished by a fine of five thousand dollars or imprisoned for five years, or both.
Acts constituting misdemeanors upon conviction of first or second offense and constituting felonies upon conviction of third or subsequent offense; penalties.
Any person who:
(a) is present at any structure, facility, or location where preparations are being made for the purpose of fighting or baiting any animal with knowledge that those preparations are being made, or
(b) is present at any structure, facility, or location with knowledge that fighting or baiting of any animal is taking place or is about to take place there is guilty of a misdemeanor and upon conviction for a first offense must be punished by a fine of five hundred dollars or imprisonment for six months, or both, and for a second offense by a fine of one thousand dollars or imprisonment for one year, or both. Any person convicted of a third or subsequent offense is guilty of a felony and must be punished by a fine of five thousand dollars or imprisonment for five years, or both.
Seizure of, and care for, animals; disposition of animals in event of conviction.
Whenever an indictment is returned charging a violation of any provision of this chapter, or if an indictment is waived, the court shall order the animal or animals involved seized and held until final disposition of the charges and shall provide for the appropriate and humane care or disposition of the animal or animals. The provisions of this section may not be construed as a limitation on the authority under law to seize any animal as evidence at the time of an arrest. If any animal seized pursuant to the provisions of this section or otherwise seized in accordance with law is unable to survive humanely the final disposition of the charges, in the opinion of the court, the court may order the termination of the animal's life. Upon the conviction of the person charged, or upon a plea of guilty or of nolo contendere, any animal involved, whose life has not been terminated, becomes the property of the State and the court shall order a humane disposition of the animal.
Inapplicability of chapter to certain activities and to game fowl.
(a) The provisions of Section 16-27-30 do not apply to any person:
(1) using any animal to pursue or take wildlife or to participate in hunting in accordance with the game and wildlife laws of this State and regulations of the South Carolina Department of Natural Resources;
(2) using any animal to work livestock for agricultural purposes;
(3) properly training or using dogs for law enforcement purposes or protection of persons and private property.
(b) The provisions of this chapter do not apply to game fowl.
Relationship to other laws.
The provisions of this chapter are cumulative and not in lieu of any other provision of law.
Inapplicability of chapter to dogs used for hunting or field trials; requirement of permit for "Fox-pen-trials".
This chapter shall not apply to dogs used for the purpose of hunting or for dogs used in field trials in more commonly known as "water races", "Treeing Contests", "Coon-on-a-log", "Bear-Baying", or "Fox-pen-trials". Such "Fox-pen-trials" must be approved by permit for field trials by the South Carolina Department of Natural Resources.