Culture

On a trip to Mexico, I went to visit family in the small town of Guanajuato.

As I walked along a path to their home, I passed through the yard of another home. In this yard, I noticed at least twenty small cages – each containing a single rooster.

I also noticed what looked like an obstacle course and other items.

Later, I was informed these were cockfighting paraphernalia.

I asked my friend what was going on with the roosters and he explained that this particular family was well known for breeding and training roosters to fight each other.

I learned that while cocks have a natural tendency to fight each other, they can be bred to enhance this natural tendency to make them even more aggressive. They are injected with steroids and other drugs to allow them to grow strong with lean muscle.

Further, I was informed about how the obstacle courses were used to get the roosters into fighting shape and, apparently, there are even treadmills for roosters.

And just like boxers, they are given practice fights to perfect their fighting skills.

In addition to the breeding, drugging, and training, the roosters also are preened for optimum fighting.

They pluck certain parts of the chicken, and even parts of the rooster are removed to avoid them being torn off by another rooster during a fight.

Once in the ring, the roosters are armed with knives or long daggers that can stab an opposing rooster, take out their eyes and even break bones – all while spectators gather around placing bets.

Putting it mildly, this was indeed an eye-opening experience. I had the offer and the opportunity to see a cockfight first hand, but I declined.

In Mexico and many other countries, cockfighting, like bullfighting, is an acceptable “sport.”

In fact, it is so ingrained into Mexican culture that in many of the old movies, stars are seen singing with a mariachi in the very ring used to view cockfighting.

Cockfighting is a time-honored tradition passed down from old to young and from generation to generation.

And it is not uncommon, even here in Texas and Louisiana, to see very young children exposed to this gladiator type sport. In fact, a few years ago, cockfights were discovered by law enforcement taking place during a kid’s birthday party.

Cockfighting has been popular throughout history and was present in many ancient peoples, such as the Greeks and the Romans.

Even here in the United States, legend has it that George Washington and Andrew Jackson had regular cockfights right on the White House lawn.

Texas Penal Code

Per Texas Penal Code Section 42.105, Cockfighting defines as “any situation in which one cock attacks or fights another cock.”

According to the Texas Penal Code, a person commits an offense if the person knowingly:

(1) causes a cock to fight with another cock;
(2) participates in the earnings of a cockfight;
(3) uses or permits another to use any real estate, building, room, tent, arena, or other property for cockfighting;
(4) owns or trains a cock with the intent that the cock be used in an exhibition of cockfighting;
(5) manufactures, buys, sells, barters, exchanges, possesses, advertises, or otherwise offers a gaff, slasher, or other sharp implement designed for attachment to a cock with the intent that the implement be used in cockfighting; or

(6) attends as a spectator an exhibition of cockfighting.
(c) It is an affirmative defense to prosecution under this section that the actor’s conduct:
(1) occurred solely for the purpose of or in support of breeding cocks for poultry shows in which a cock is judged by the cock’s physical appearance; or
(2) was incidental to collecting bridles, gaffs, or slashers.
(d) An affirmative defense to prosecution is not available under Subsection (c) if evidence shows that the actor is also engaging in the use of the cocks for cockfighting.
(e) It is a defense to prosecution for an offense under this section that:
(1) the actor was engaged in bona fide experimentation for scientific research; or
(2) the conduct engaged in by the actor is a generally accepted and otherwise lawful animal husbandry or agriculture practice involving livestock animals.
(f) It is an exception to the application of Subsection (b)(6) that the actor is 15 years of age or younger at the time of the offense.
(g) An offense under Subsection (b)(1) or (2) is a state jail felony. An offense under Subsection (b)(3), (4), or (5) is a Class A misdemeanor. An offense under Subsection (b)(6) is a Class C misdemeanor, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that the person has been previously convicted of an offense under that subdivision.

Brazoria County, Texas Cockfighting Arrests

According to channel 13, KTRK, over 50 people got arrested, and 165 roosters were seized in Pearland, Texas on February 25, 2018.

The Brazoria County Sheriff’s Office says that they received a tip regarding a large-scale cockfighting operation and that when they arrived, the operation was in full swing.

In addition to the 165 seized live roosters, they also found between 30 and 50 dead roosters and were believed to be killed while fighting.

Application of Penal Code 42.05 and the Brazoria County Arrests resulted in a total of 50 people detained by law enforcement. Three charged with felony cockfighting.

There are two possible ways that felony charges can be made in regards to cockfighting:

When a person knowingly:

(1) causes a cock to fight with another cock;
(2) participates in the earnings of a cockfight;

If the offense falls under subsection (b)(1) or (b)(2), then a conviction for Cockfighting is punished as a State Jail Felony, with a maximum possible fine under Texas state law of up to $10,000 and jail time of up to two years.

As to the remaining 47 people, they were charged with Class C Misdemeanors under the section of the code that says that when a person knowingly attends as a spectator in an exhibition of cockfighting, they commit a Class C Misdemeanor.

A Class C Misdemeanor is the lowest level charge and could be compared to a traffic offense.

If the offense falls under subsection (b)(6), and it is the first conviction under that subsection, then a conviction for Cockfighting is punished as a Class C misdemeanor with a maximum possible fine under Texas state law of up to $500.

Conclusion

Cockfighting is a big business, and large sums of money are involved. In addition to the spectator fees and betting, other organized crimes such as prostitution and drugs may be present.

In Louisiana, one particular person who put on cockfights was found to have earned over $1.8 million in illegal gains.

Cockfighting is big business. And cockfighting is illegal in 50 states no matter what ethical beliefs that a person may hold.

Therefore, it is always a good idea to hire an attorney to protect your rights should you fall under arrest for this type of crime.