Dogfighting is a situation in which one dog attacks or fights another dog. Dogfighting is also a blood sport where dogs that have been bred, conditioned, and trained to fight are placed in a pit to fight each other for spectator entertainment and profit. Dogfighting—as defined in state and federal statutes—is a felony criminal offense in all states and under federal law.
The definitions and penalties or punishments for dogfighting vary from state to state but usually provide that a person commits an offense if the person intentionally or knowingly:
(1) causes a dog to fight with another dog;
(2) participates in the earnings of or operates a facility used for dogfighting;
(3) uses or permits another to use any real estate, building, room, tent, arena, or other property for dogfighting;
(4) owns or possesses dogfighting equipment with the intent that the equipment be used to train a dog for dogfighting or in furtherance of dogfighting;
(5) owns or trains a dog with the intent that the dog be used in an exhibition of dogfighting; or
(6) attends as a spectator an exhibition of dogfighting.
The criminal offense for dogfighting is sometimes included in state statutes that make it illegal to cause various kinds of animals to fight (dogs, bulls, cocks, etc.). Dogfighting is also illegal under the federal Animal Welfare Act (statute) that prohibits “animal fighting ventures” and is located in the United States Code at 7 U.S.C. §2156.
In South Dakota, dogfighting is explicitly prohibited by law. According to South Dakota Codified Laws (SDCL) § 40-1-9, it is a felony to own, possess, keep, or train any dog with the intention of having the dog participate in an exhibition of fighting with another dog. Additionally, SDCL § 40-1-12 makes it illegal to be a spectator at a dogfight, and those found guilty of this offense may face misdemeanor charges. The state statutes also criminalize the use of property for dogfighting purposes, as well as the promotion, staging, and betting on dogfights. Penalties for dogfighting offenses in South Dakota can include imprisonment, fines, or both, depending on the severity of the offense and the involvement of the individual. Furthermore, under federal law, specifically the Animal Welfare Act (7 U.S.C. § 2156), dogfighting is illegal and considered an 'animal fighting venture,' which carries its own set of penalties that can be applied in addition to state law.