NRS 574.070 – Laws, Defenses & Penalties

Nevada Revised Statute 574.070 makes it a crime to instigate or participate in an animal fight, to possess or sell fighting animals, or to be a spectator at an animal fight. This law applies to dog fighting, cock-fighting, and fighting involving any other type of animal. Punishments include up to six years in prison depending on the case.

The full text of the statute reads as follows:

NRS 574.070. 1. Except as otherwise provided in this section, a person shall not begin, cause, instigate, promote, carry on or do any act as an assistant, umpire or principal, or in any way aid in or engage in the furtherance of any fight between animals in an exhibition or for amusement or gain which is premeditated by a person owning or having custody of the animals.

2. A person shall not:
(a) Own, possess, keep, train, promote or purchase an animal with the intent to use it to fight another animal; or
(b) Sell an animal knowing that it is intended to be used to fight another animal.

3. A person shall not:
(a) Knowingly attend any fight between animals in an exhibition or for amusement or gain; or
(b) Manufacture, own, possess, purchase, sell, barter or exchange, or advertise for sale, barter or exchange, any gaff, spur or other sharp implement designed for attachment to a cock or other bird with the intent that the implement be used in fighting another cock or other bird.

4. Except as otherwise provided in subsection 7, a person who violates any provision of subsection 1 is guilty of:
(a) For a first offense, a category E felony and shall be punished as provided in NRS 193.130.
(b) For a second or subsequent offense, a category D felony and shall be punished as provided in NRS 193.130.

5. A person who violates any provision of subsection 2 is guilty of:
(a) For a first offense, a category E felony and shall be punished as provided in NRS 193.130.
(b) For a second or subsequent offense, a category D felony and shall be punished as provided in NRS 193.130.

6. A person who violates any provision of subsection 3 is guilty of:
(a) For a first offense, a gross misdemeanor.
(b) For a second or subsequent offense, a category E felony and shall be punished as provided in NRS 193.130.

7. If a violation of subsection 1 involves a dog, a person who commits such a violation is guilty of:
(a) For a first offense, a category D felony and shall be punished as provided in NRS 193.130.
(b) For a second offense, a category C felony and shall be punished as provided in NRS 193.130.
(c) For a third or subsequent offense, a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.

8. If a person who violates this section is not a natural person, the person shall be punished by a fine of not more than $10,000.

9. This section does not prohibit the use of dogs or birds for:
(a) The management of livestock by the owner thereof, the owner’s employees or agents or any other person in the lawful custody of the livestock; or
(b) Hunting as permitted by law.

Legal Analysis

NRS 574.070 prohibits all activities related to animal-fighting in Nevada. The sentence turns on whether the defendant was accused of being a spectator, running the fight, or supplying the animals:

Prohibited Activity	Nevada penalties
Being a spectator at an animal fight	First offense Gross misdemeanor: up to 364 days in prison, and/or up to $2,000 in fines
	Subsequent offense Category E felony: probation and a suspended sentence. If the defendant has two or more prior felony convictions, the court may impose one to four years in Nevada State Prison and up to $5,000 in fines.
Possessing or selling an animal for animal-fighting	First offense Category E felony: probation and a suspended sentence. If the defendant has two or more prior felony convictions, the court may impose one to four years in Nevada State Prison and up to $5,000 in fines.
	Subsequent offense Category D felony: 1 – 4 years in prison, and up to $5,000 in fines (at the judge’s discretion)
Instigating or participating in a dog fight	First offense Category D felony: 1 – 4 years in prison, and up to $5,000 in fines (at the judge’s discretion)
	Second offense Category C felony: 1 – 5 years in prison, and up to $10,000 in fines (at the judge’s discretion)
	Subsequent offense  Category B felony: 1 – 6 years in prison1

Typical defenses to NRS 574.070 charges are that the defendant did not act knowingly or that no fighting took place. Common evidence prosecutors rely on are eyewitness accounts, smartphone video, and the animals – particularly if they are wounded.

Gross misdemeanor or category E felony convictions can be sealed from the defendant’s record two years after the case ends. But there is a five-year waiting time to seal category D, C, or B felony convictions. But if the case gets dismissed, the matter can be sealed right away.²

See our related article on animal abuse in Nevada.

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Legal References