Animal Fighting or Baiting
Knowingly engaging in one of the prohibited activities involving animal fighting or baiting, including training, promoting, wagering, or attending.
Florida Statute
§ 828.122
Fighting or baiting animals; offenses; penalties
Verified against the 2026 Florida Statutes: September 14, 2026
Quick Summary
Animal fighting and baiting has multiple prohibited acts. Possession of an animal alone is not enough under this section; identify the knowing prohibited conduct.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Animal Fighting or Baiting
F.S. § 828.122(3)
Any knowing prohibited conduct enumerated in the Animal Fighting Act.
Animal Fighting or Baiting Involving a Minor
F.S. § 828.122(4)
A person age 18 or older who causes or entices a minor to commit, or commits in the presence of a minor, a subsection (3) violation.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
The State must prove all of the following
The defendant knowingly committed one of the prohibited animal-fighting or baiting acts listed in F.S. § 828.122(3).
Plain language: The defendant knowingly took part in a listed fighting or baiting activity.
Jury Instructions
Jury Instructions
Instruction 32.3
Animal Fighting or Baiting
Covers the applicable prohibited-conduct alternatives under F.S. § 828.122. Prior to April 2026, this instruction was numbered 29.13(b).
View Official InstructionVerified against the official instruction source: September 14, 2026
Important Definitions
Important Definitions
Animal fighting and baiting
Animal fighting includes fights between listed animals; baiting includes attacking, provoking, or harassing an animal with another animal for training or fighting purposes.
Additional Notes
Additional Notes
Important
Section 828.122 covers more than staging a fight: it includes knowing training, transport, property control, wagering, attendance, and other facilitating conduct. Possession of the animal alone does not establish this charge.