smiling doesn't hurt anymore :)
Location: College Station, TX
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Threatened with arrest for placing cigarette in dead opossum's mouth
No link to this one, it's from my own personal experiences this evening. A dead opossum that had been placed in the tree of my dorm 2 days ago was the recipient of the cigarette. At an unknown (to me) time, the opossum was removed from the tree and ducktaped to a pole as the "dorm mascot." He was neither mutilated nore disfigured, but simply dead of unknown reasons when discovered in our tree two days ago. The person(s) responsible are unknown to me at this time, and they adorned him with an empty pack of Camel cigarettes and a paper cup along with some mardi gras beads. This was done while I was verifiably not on campus grounds, let alone participating in this act. It was not done as cruel, but simply because the people involved thought it had comedic value. I do not defend their actions, but simply recite the facts to my knowledge.
Roughly three to four hours after this occurred, I came home from the store, and went out to our benches to have a cigarette. As a complete joke, I lit a cigarette and put it in the opossum's mouth. The wind was blowing hard enough the cigarette continued to burn at a good rate, so I sarcastically said, "Look, he's smoking the cigarette! He's alive!"
Enter the University Police Department. The pull me aside and ask for my identification. I politely ask if I can know why they are asking for my identification as I was under the impression that I had done nothing illegal. They threaten me with arrest for non-compliance when I simply want to know the reason for handing over my driver's license and student ID. I was neither rude nor combative, simply curious. They tell me I'll be charged with cruelty to animals for "increasing and adding to the suffering of that opossum." I calmly ask them whether they are aware that the opossum has been verifiably dead for over two days sitting in a tree not fifteen feet away. To this they respond, "Then how is he smoking the cigarette like you said?" needless to say, I'm flabbergasted. I don't let it show but politely explain to them that it was a joke, and apparently an ill-timed and crass one. They try to continue strong-arming me and ask if I know who put it on the pole (which I honestly don't...). I explain to them in detail that my whereabouts while it was being placed on the pole are not only ironclad and verifiable by 6-8 bars across the street (I was out job hunting for the summer), but I can provide names of mulitple bartenders and bank tellers that I spoke with while there, with specific times of entry and exit. The cops take pictures, call in my driver's license, then have me dispose of the opossum.
Then they pull me over to the car and have me make a written statement regarding my entire knowledge of the incident, saying there's a good possibility I could still be charged with cruelty to animals, a Class A misdemeanor. Here's the pursuant penal code from my state:
Quote:
§ 42.09. CRUELTY[0] TO ANIMALS[0].
(a) A person commits an
offense if the person intentionally or knowingly:
(1) tortures an animal[0];
(2) fails unreasonably to provide necessary food,
care, or shelter for an animal[0] in the person's custody;
(3) abandons unreasonably an animal[0] in the person's
custody;
(4) transports or confines an animal[0] in a cruel
manner;
(5) kills, seriously injures, or administers poison to
an animal[0], other than cattle, horses, sheep, swine, or goats,
belonging to another without legal authority or the owner's
effective consent;
(6) causes one animal[0] to fight with another;
(7) uses a live animal[0] as a lure in dog race training
or in dog coursing on a racetrack;
(8) trips a horse;
(9) injures an animal[0], other than cattle, horses,
sheep, swine, or goats, belonging to another without legal
authority or the owner's effective consent; or
(10) seriously overworks an animal[0].
(b) It is a defense to prosecution under this section that
the actor was engaged in bona fide experimentation for scientific
research.
(c) For purposes of this section:
(1) "Abandon" includes abandoning an animal[0] in the
person's custody without making reasonable arrangements for
assumption of custody by another person.
(2) "Animal[0]" means a domesticated living creature and
wild living creature previously captured. "Animal[0]" does not include
an uncaptured wild creature or a wild creature whose capture was
accomplished by conduct at issue under this section.
(3) "Cruel manner" includes a manner that causes or
permits unjustified or unwarranted pain or suffering.
(4) "Custody" includes responsibility for the health,
safety, and welfare of an animal[0] subject to the person's care and
control, regardless of ownership of the animal[0].
(5) "Necessary food, care, or shelter" includes food,
care, or shelter provided to the extent required to maintain the
animal[0] in a state of good health.
(6) "Trip" means to use an object to cause a horse to
fall or lose its balance.
(d) An offense under Subsection (a)(2), (3), (4), (9), or
(10) is a Class A misdemeanor, except that the offense is a state
jail felony if the person has previously been convicted two times
under this section.
(e) It is a defense to prosecution under Subsection (a)(5)
that the animal[0] was discovered on the person's property in the act
of or immediately after injuring or killing the person's goats,
sheep, cattle, horses, swine, or poultry and that the person killed
or injured the animal[0] at the time of this discovery.
(f) It is a defense to prosecution under Subsection (a)(8)
that the actor tripped the horse for the purpose of identifying the
ownership of the horse or giving veterinary care to the horse.
(g) It is a defense to prosecution for an offense under this
section that the person had a reasonable fear of bodily injury to
the person or to another by a dangerous wild animal[0] as defined by
Section 822.101, Health and Safety Code.
(h) It is an exception to the application of this section
that the conduct engaged in by the actor is a generally accepted and
otherwise lawful:
(1) use of an animal[0] if that use occurs solely for the
purpose of:
(A) fishing, hunting, or trapping; or
(B) wildlife control as regulated by state and
federal law; or
(2) animal[0] husbandry or farming practice involving
livestock.
(i) An offense under Subsection (a)(1), (5), (6), (7), or
(8) is a state jail felony, except that the offense is a felony of
the third degree if the person has previously been convicted two
times under this section.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1975, 64th Leg., p. 917, ch. 342, § 12, eff.
Sept. 1, 1975; Acts 1985, 69th Leg., ch. 549, § 1, eff. Sept. 1,
1985; Acts 1991, 72nd Leg., ch. 78, § 1, eff. Aug. 26, 1991.
Renumbered from V.T.C.A., Penal Code § 42.11 and amended by Acts
1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. Amended by
Acts 1995, 74th Leg., ch. 318, § 15, eff. Sept. 1, 1995; Acts
1997, 75th Leg., ch. 1283, § 1, eff. Sept. 1, 1997; Acts 2001,
77th Leg., ch. 54, § 3, eff. Sept. 1, 2001; Acts 2001, 77th Leg.,
ch. 450, § 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1275,
§ 2(116), eff. Sept. 1, 2003.
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Nowhere that I have found in there regards the actions taken against the corpse of a discovered animal at any time. Additionally, they said I was "torturing" the opossum--despite it having died more than 2 days prior, with dozens of witnesses to the effect as we discovered him. Am I missing something? Is this any worse than beer commercials that had placed beer cans in the dead hands of an armadillo and broadcast it nationally?
Now, don't take this wrong. I'm not defending the actions of those responsible for the display, nor am I defending the placement of a lit cigarette in a opossum. However, I don't see any part of the law that was breached by my actions. Was it right? probably not. Was it legal? as far as I can see and have researched. Just wondering if I missed something.
The icing on the cake was sitting there writing my statement and having the cops lecture me how they were hunters and they didn't appreciate the desecration of animals. Wait a second...lifelong hunters these guys. But they failed to use common sense and realize that a live rodent, especially a bound one, would not let you put a lit cigarette in its mouth without getting bit? that a live rodent wouldn't sit there and take drags off a fucking cigarette? I mean, jesus, that thing would have been fighting for its life, not calmly taking a drag off my Marlboro No. 27 cigarette.
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Quote:
Originally posted by clavus
To say that I was naked, when I broke in would be a lie. I put on safety glasses.
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