Vermont Statutes Title 13 Sec. 364
Terms Used In Vermont Statutes Title 13 Sec. 364
- Animal: means all living sentient creatures, not human beings. See
- Arrest: Taking physical custody of a person by lawful authority.
- Conviction: A judgement of guilt against a criminal defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- officer: means :
- Person: means any individual, firm, partnership, or corporation, or authorized agent or representative of a person, partnership, or corporation. See
- Personal property: All property that is not real property.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
§ 364. Animal fights
(a) A person who participates in a fighting exhibition of animals shall be in violation of subdivisions 352(5) and (6) of this title.
(b) Notwithstanding any provision of law to the contrary, in addition to seizure of fighting birds or animals involved in a fighting exhibition, a law enforcement officer or humane officer may seize:
(1) any equipment associated with that activity;
(2) any other personal property which is used to engage in a violation or further a violation of subdivisions 352(5) and (6) of this title; and
(3) monies, securities, or other things of value furnished or intended to be furnished by a person to engage in or further a violation of subdivisions 352(5) and (6) of this title.
(c) In addition to the imposition of a penalty under this chapter, conviction under this section shall result in forfeiture of all seized fighting animals, equipment, and other property subject to seizure under this section. The animals may be destroyed humanely or otherwise disposed of as directed by the court.
(d) Property subject to forfeiture under this subsection may be seized upon process issued by the court having jurisdiction over the property. Seizure without process may be made:
(1) incident to a lawful arrest;
(2) pursuant to a search warrant; or
(3) if there is probable cause to believe that the property was used or is intended to be used in violation of this section.
(e) Forfeiture proceedings instituted pursuant to the provisions of this section for property other than animals are subject to the procedures and requirements for forfeiture as set forth in 18 Vt. Stat. Ann. chapter 84, subchapter 2. (Added 1989, No. 270, (Adj. Sess.), § 2; amended 2015, No. 53, § 2.)