Penal Code § 597(b) PC – “Cockfighting” Laws in California

Penal Code 597 b PC makes it a misdemeanor offense to engage in cockfighting, defined as causing cocks (roosters) to fight or be injured for amusement or profit. A conviction is punishable by up to one year in jail and up to $10,000 in fines.

597b states that “any person who, for amusement or gain, causes any cock to fight with another cock or with a different kind of animal or creature or with any human being; or who, for amusement or gain, worries or injures any cock, or causes any cock to worry or injure another animal; and any person who permits the same to be done on any premises under his or her charge or control, and any person who aids or abets the fighting or worrying of any cock is guilty of a misdemeanor punishable by imprisonment in a county jail for a period not to exceed one year, or by a fine not to exceed ten thousand dollars ($10,000), or by both that imprisonment and fine.”

Examples

• Jose holds a cockfighting event at his home where friends bet on which of two cockfighting birds will win in a fight;
• On her California farm, Stacie injures one of her roosters for “the fun of it.”
• Bored, Caleb tries to start a fight between a rooster and a cat while at home.

Defenses

Luckily, there are several legal defenses to cockfighting. These include showing that you:

• Did not have control over the property where a cockfight occurred;
• Acted in self-defense; and,
• Injured a rooster on accident; and
• The rooster was not a fighting bird.

Penalties

A first-time offense of violating cockfighting laws is a misdemeanor. The penalties may include:

• Imprisonment in a county jail for up to one year; and/or,
• A fine of up to $10,000.

A second or subsequent conviction of cockfighting is a type of wobbler offense, meaning that it can be charged as either a California misdemeanor or a felony.

Multiple convictions under this section mean tougher penalties, including imprisonment in the California state prison for up to three years.

Our California criminal defense attorneys will highlight the following in this article:

• 1. When is cockfighting illegal in California?
• 2. What are common defenses to Penal Code 597b PC?
  • 2.1 Property not under your control
  • 2.2 Self-defense
  • 2.3 Accident
  • 2.4 Not a fighting bird
• 3. What are the penalties for a conviction?
• 4. What is cockfighting?
• 5. Are there related animal abuse laws?
  • 5.1 Animal Abuse and Cruelty – PC 597
  • 5.2 Dog Fighting – PC 597.5
  • 5.3 Leaving an Animal in an Unattended Vehicle – PC 597.7

1. When is cockfighting illegal in California?

Under California Penal Code 597 b PC, a prosecutor must prove two elements in order to successfully convict you of cockfighting. These are that you:

1. For amusement or gain, caused a cock to fight with another cock, a different animal, or a human; OR,
2. For amusement or gain, injured a rooster or let a rooster injure another animal; AND,
3. Did so on land or property under your charge or control.¹

The determination as to whether the property is under your charge or control will depend on the specific facts of a case.

Note that this section also makes it a criminal act for you to aid or abet in the fighting or injuring of a rooster.²

And, it is also a crime if you are just a spectator at a cockfight, as opposed to, the person that organizes and runs the fight. It does not matter if the fight is a spontaneous, one-off event or part of an underground cockfighting operation or cockfighting ring. Nor does it matter if you do not have personal possession of gamefowl.³

(Common cockfighting implements include gaffs and slashers.)

2. What are common defenses to Penal Code 597b PC?

You can challenge the accusation by raising a legal defense. A good defense can often persuade the district attorney to reduce or even dismiss a charge. Please note, though, that it is critical for you to hire an attorney to get the best defense.

Four common defenses are:

1. Property not under your control;
2. Self-defense;
3. Accident; and,
4. Not a fighting bird.

Other potential defenses include misconduct by law enforcement, such as conducting illegal searches.

2.1. Property not under your control

Recall that, for you to be guilty under PC 597 b, you must have charge or control over

• The property on which there was a cockfight; or,
• The property on which a rooster was injured.

Therefore, a solid legal defense is for you to show that you did not have charge or control over the property in your case. You can do this by highlighting specific facts that suggest no ownership or little control.

2.2. Self-defense

California law allows you to use proportional force in defense of yourself and others if you reasonably believe you (or others) are about to sustain immediate bodily harm. For example, you may show that while you did, in fact, injure a rooster (perhaps by kicking it), you did so only after the rooster attacked you (or others).

2.3. Accident

An accident is a legal defense in which you assert you did not do a criminal act on purpose: “It was an accident.” The defense is successful when you show that:

• you had no criminal intent to do harm;
• you were not acting negligently; and,
• you were engaged in lawful conduct at the time of the accident.

You, therefore, may challenge an accusation if you can show that while you injured a cock, you did so on accident.

2.4. Not a fighting bird

A potential defense to cockfighting charges is to show that you had the roosters solely for agricultural purposes or pet purposes. A sign that a rooster is not being kept for cockfighting is that it still has its:

• combs,
• spurs, and
• wattles.

Unless there is proof the rooster was used as a fighting bird, charges should not stand.

3. What are the penalties for a conviction?

Under PC 597 (b), a first-time conviction of permitting a cockfight on your property is charged as a misdemeanor. The offense is punishable by:

1. A fine not exceeding $10,000; and/or,
2. Imprisonment in the county jail for not more than one year.

A second or subsequent conviction of cockfighting is a type of wobbler offense, meaning that it can be charged as either a California misdemeanor or a felony.

If charged as a misdemeanor, the crime is punishable by:

1. A fine of up to $25,000; and/or,
2. Imprisonment in the county jail for up to one year.

If a second or subsequent conviction of cockfighting is charged as a felony, the offense is punishable by:

1. A fine of up to $25,000; and/or,
2. Imprisonment in the state prison for up to three years.⁴

The penalties for related cock-fighting charges are below.

3.1. Being a spectator at a cockfight

It is a misdemeanor in California to watch a cockfighting event. This offense is punishable by:

• Up to $5,000 in fines; and/or,
• Imprisonment in the county jail for not more than six months.⁵

3.2. Possessing implements of cockfighting

It is a misdemeanor in California to possess, buy, make, sell, or trade any sharp implements designed to be used in cockfighting, such as:

• slashers,
• razors,
• gaffs, or
• wager cards.

This offense is punishable by:

• Up to $10,000 in fines; and/or,
• Imprisonment in the county jail for not more than one year.

In addition, you have to forfeit these instruments to the police.⁶

3.3. Possessing a fighting bird

It is a misdemeanor in California to keep, train, or possess any fighting bird to be used in cockfighting. A first-time offense is punishable by:

• Up to $10,000 in fines; and/or,
• Imprisonment in the county jail for up to one year.

A subsequent offense is punishable by:

• Up to $25,000 in fines; and/or,
• Imprisonment in the county jail for up to one year.⁷

4. What is cockfighting?

Cockfighting has been around for millennia. It is when people:

• breed male roosters to fight,
• tie knives or spurs to their legs, and
• put them in a cockpit (a fighting arena) to scratch, peck, bite, and kick each other until a rooster dies or gives up.

Every state prohibits cockfighting, and 39 of those states make it a felony. The federal government also outlaws cockfighting.⁸

5. Are there related animal abuse laws?

There are three crimes related to cockfighting. These are:

1. Animal abuse and cruelty – PC 597;
2. Dogfighting – PC 597.5; and,
3. Leaving an animal in an unattended vehicle – PC 597.7.

5.1. Animal Abuse and Cruelty – PC 597

Penal Code 597 PC makes it a crime for you to commit animal abuse. You commit animal abuse if you kill, physically harm, neglect or overwork an animal.

PC 597 and other animal cruelty laws protect domesticated pets, stray animals, wild animals and farmed animals. This can include gamecocks and other fighting birds.

Penal Code 597 animal abuse can be either a misdemeanor or a felony.

If convicted of PC 597 animal cruelty as a misdemeanor, the potential consequences are up to one year in a county jail and a maximum $20,000 fine.⁹

The penalties for felony animal abuse are 16 months, two years, or three years in the California state prison and the same maximum fine.¹⁰

5.2. Dog Fighting – PC 597.5

Penal Code 597.5 PC criminalizes dogfighting.

Under California Penal Code 597.5, dogfighting can be charged as either a California misdemeanor or a felony.

The penalties for misdemeanor dogfighting are up to

• One year in county jail; and/or,
• A fine of up to $5,000.¹¹

A felony dogfighting conviction can lead to up to:

• Three years in state prison; and/or,
• A fine of up to $50,000.¹²

5.3. Leaving an animal in an unattended vehicle – PC 597.7

California Penal Code 597.7 applies if you leave an animal in an unattended vehicle.

Under PC 597.7, you commit a crime if you:

1. Leave an animal in an unattended vehicle; and,
2. In doing so, you endanger the health or well-being of the animal.¹³

If you violate PC 597.7, and the animal does not suffer great bodily injury, you must pay a fine of up to $100.¹⁴

If you violate PC 597.7, and the animal does suffer great bodily injury, you can be charged with a misdemeanor, punishable by up to $500 and a maximum six-month county jail sentence.¹⁵

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