An Act Pertaining to the Possession of Animal Fighting Paraphernalia
Maine Legislature, Session 124, LD 0186
Committee: Criminal Justice and Public Safety
Sponsors: WAGNER, BLISS, BEAUDOIN, HASKELL, LAJOIE, PIEH, SMITH
Amends: 17 MRSA §1033

MAINE STATE LEGISLATURE 
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124th MAl ELEGISLATURE 
Legislative Document 
No. 186 
H.P.151 
House of Representatives, Janumy 21,2009 
An Act Pertaining to the Possession of Animal Fighting 
Paraphernalia 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative WAGNER of Lewiston. 
Cosponsored by Senator BLISS of Cumberland and 
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111· 7llt2C~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BEAUDOIN of Biddeford, HASKELL of Portland, LAJOIE of Lewiston, 
MacDONALD of Boothbay, PIEH of Bremen, SIROIS ofTumer, SMITH of Monmouth. 
Printl!d Olll'ecyc!ed pnpcr 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 17 MRS A § 1 033, sub-§2-A, as enacted by PL 2003, c. 452, Pt. I, §26 and 
affected by Pt. X, §2, is amended to read: 
2-A. Penalty. A person who violates subsection 2 commits a Class .g ~ crime. 
Sec. 2. 17 MRSA §1033, sub-§3, as amended by PL 2003, c. 414, Pt. B, §33 and 
affected by c. 614, §9, is further amended to read: 
3. Affirmative defense. It is an affirmative defense to proseclltion under subsections 
flflt!.~ 2 and 5 that the activity charged involves the possession, training, exhibition or use 
of an animal in the otherwise lawful sport of animal hunting and the training or use of 
hunting dogs. It is also an affirmative defense that the defendant's conduct involved the 
use of live animals as bait or in the training of other animals in accordance with the laws 
of the Department ofInland Fisheries and Wildlife, Title 12, Part 13. 
Sec. 3. 17 MRSA §1033, sub-§4, as enacted by PL 1987, c. 383, §4, is amended 
to read: 
4. Exception. Activity involving the possession, training, exhibition or use of an 
animal in the otherwise lawful pursuits of hunting, farming and security services is 
exempt from subsections 1 flflt!.~ 2 and 5. 
Sec. 4. 17 MRS A §1033, sub-§5 is enacted to read: 
5. Possession of animal fighting paraphernalia. A person is guilty of possession 
of animal fighting paraphernalia if that person possesses, manufactures for sale, ships, 
transports or delivers: 
A. A device or equipment used to train or condition an animal for participation in an 
animal fighting contest that the person knows or should have known is intended for 
use in a show, exhibition, program or other activity featuring or otherwise involving a 
fight between 2 or more animals; or 
B. An implement designed to be attached in place of a natural spur of a cock or other 
fighting bird in order to enhance the bird's fighting ability or ability to harm or kill 
another animal. 
Sec. 5. 17 MRSA §1033, sub-§6 is enacted to read: 
6. Penalty. A person who violates subsection 5 commits a Class C crime. 
SUMMARY 
This bill makes possession of animal fighting paraphernalia a Class C crime. It also 
changes the crime of viewing animal fighting from a Class D crime to a Class C crime. 
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