(a) A person commits an offense if the person:
(1) possesses or exercises control over an animal; and
(2) within the five-year period preceding the date of the instant offense, has been previously convicted of an offense under:
(A) § 42.091, 42.092, or 42.10; or
(B) federal law or a penal law of another state containing elements that are substantially similar to the elements of an offense described by Paragraph (A).
(b) An offense under this section is a Class C misdemeanor, except that the offense is a Class B misdemeanor if the defendant has been previously convicted of an offense under this section.

Attorney's Note

Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class B misdemeanorup to 180 daysup to $2,000
For details, see Texas Penal Code § 12.22

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Terms Used In Texas Penal Code 42.107

  • Another: means a person other than the actor. See Texas Penal Code 1.07
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Law: means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute. See Texas Penal Code 1.07
  • Misdemeanor: means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. See Texas Penal Code 1.07
  • Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07