Sec. 42.107. Possession of Animal by Person Convicted of Animal Cruelty

A person commits an offense if the person:

possesses or exercises control over an animal; and

within the five-year period preceding the date of the instant offense, has been previously convicted of an offense under:

Section 42.091, 42.092, or 42.10; or

federal law or a penal law of another state containing elements that are substantially similar to the elements of an offense described by Paragraph (A).

An offense under this section is a Class C misdemeanor, except that the offense is a Class B misdemeanor if the defendant has been previously convicted of an offense under this section.