This is Texas.
Did you expect that the law on cattle rustling would not be tough?
Yankee.
What? I'm just sayin'
(FYI Man O' Law was born in Brooklyn but got to Texas as soon as he could)
There, transparency in blogging.
New law tough on cattle thieves
- A new amendment to the Texas Penal Code went into effect Tuesday, elevating the penalty for theft of cattle and other livestock, such as horses, exotic livestock or exotic fowl, to third-degree felony status with a penalty of up to 10 years in prison. The elevated penalty also applies to theft of 10 or more sheep, swine or goats.
Previously, the penalty for the larger livestock was a state-jail felony of up to two years in prison if one incident constituted 10 or more animals. Now the law does not specify a certain quantity of large livestock stolen in order to constitute a felony.
The Texas and Southwestern Cattle Raisers Association sees this as a huge victory. They report that in 2007 over 2,400 head of cattle were stolen throughout Texas.
In 2008, the number tripled, to 6,404. According to Carmen Fenton, director of public affairs for TSCRA, the head count so far this year is at least 3,270.
“It’s a big win for the association,” said Fenton.
Fenton believes a lot of the theft is associated with ranchers and hands who worked in the industry, so they know how to identify the right kind of cattle to take and how to get away with it.
“When things get bad (such as the drought and recession) people tend to steal. Most of the time they get caught,” she said.
Eighty percent of the time, thieves are caught and restoration is fully paid in some manner.
The Texas and Southwestern Cattle Raisers Association employs 29 livestock theft investigators. Commissioned as Special Rangers by the Texas Department of Public Safety or the Oklahoma State Bureau of Investigation, these “field inspectors” assist in apprehension and investigation of agricultural crimes.
The law closes the quantity loophole, something TSCRA members believe will help prevent serial cattle thieves.
“We hope it will affect repeat offenders that continue to steal,” she said.
Previously, if a thief stole nine head of cattle at a time that were valued under $100,000, they could be fined and at most go to jail for two years. Often, they would pay restitution and soon be at it again. The TSCRA hopes this law is a better deterrent.
“We see a lot of repeat offenders that steal nine head after nine head after nine head,” Fenton said.
While the number of thefts this year is down from 2008, desperation in the industry is high.
