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California

Penal Code 600

(a) Any person who willfully and maliciously and with no legal justification strikes beats, kicks, cuts, stabs, shoots with a firearm, administers any poison or other harmful or stupefying substance to, or throws, hurls, or projects at, or places any rock, object, or other substance which is used in a manner as to be capable of producing injury and likely to produce injury, on or in the path of, any horse being used by, or any dog under the supervision of, any peace officer in the discharge or attempted discharge of his or her duties, is guilty of a public offense. If the injury inflicted is a serious injury, as defined in subdivision (c), the person shall be punished by impreisonment in the state prison for 16 months, two or three years, or in a county jail for not exceeding one year, or by a fine not exceeding two thousand dollars ($2000.00), or by both a fine and imprisonment. If the injury inflicted is not a serious injury, the person shall be punished by imprisonment in the county jail for not exceeding one year, or by a fine not exceeding one thousand $(1000.00), or by both a fine and imprisonment.

(b) Any person who wilfully and maliciously and with no legal justification interferes with or obstructs any horse or dog being used by any peace officer in the discharge or attempted discharge of his or her duties by frightening, teasing, agitating, harassing, or hindering the horse or dog shall be punished by imprisonment in a county jail for not exceeding one year, or by a fine not exceeding one thousand ($1000.00), or by both a fine and imprisonment.

(c) Any person who, in violation of this section, and with intent to inflict such injury or death, personally causes the death, destruction, or serious physical injury including bone fracture, loss or impairment of function of any bodily member, wounds requiring extensive suturing, or serious crippling, of any horse or dog, shall, upon conviction of a felony under this section, in addition and consecutive to the punishment prescribed for the felony, be punished by an additional term of imprisonment in the state prison for one year.

(d) Any person who, in violation of this section, and with the intent to inflict such injury, personally causes great bodily injury, as defined in Section 12022.7, to any person not an accomplice, shall upon conviction of a felony under this section, in addition and consecutive to the punishment prescribed for the felony, be punished by an additional term of imprisonment in the state prison for two years unless the conduct described in this subdivision is an element of any other offense of which the person is convicted or receives an enhancement under Section 12002.7.

(e) In any case in which a defendant is convicted of a violation of this section, the defendant shall be ordered to make restitution to the agency owning the animal and employing the peace officer for any veterinary bills, replacement costs of the animal if it is disabled or killed, and the salary of the peace officer for the period of time his or her services are lost to the agency.

Leg.H. 1984 ch. 443. effective July 12, 1984, 1985 chs. 106, 765.

1984 Note: the Legislature inserted a cross-reference to Penal Code Section 12002.7 in subdivision (d) by Stats. 1984 ch. 443. However, the cross-reference is to a section that does not exist.


Indiana 35-43-1-2 Mischief

A person who: Recklessly, knowingly, or intentionally damages or defaces property of another person without the other person's consent; or Knowingly or intentionally causes another to suffer pecuniary loss by deception or by an expression of intention to injure another person or to damage the property or yo impair the rights of another person; commits criminal mischief a class B misdemeanor. However the offense is: (B) a class D felony if (v) the damage is to a law enforcement animal as defined in 35-46-3-4.5. ( 1 1/2 years/$10,000 + or -) We also have 35-46-3-11. Striking, Interfering with a law enforcement animal. This is a class A Misdemeanor (1 year/$5,000 + or -)


Iowa

INJURY OR INTERFERENCE WITH A POLICE SERVICE DOG:

1. A person who knowinly, and willfully or maliciously torments, strikes, administers a non-poisonous desensitizing substance ro, or ortherwise interferes with a police service dog, without inflicting serious injury on the dog, commits a serious misdemeanor [ up to 1 year jail and/or $1000.00 fine]

2. A person who knowingly, and willfully or maliciously does any of the following commits a Class "D" felony [ 5 years and/or $7500.00 fine ]:

a. tortures a police service dog

b. injures, so as to disfigure or disable, a PSD

c. set a booby trap device for the purpose of injury, so as to disfigure or disable, or killing a PSD.

d. pays or agrees to pay bounty for purposes of injury, so as to disfigure or disable, killing a PSD.

e. kills a police service dog

f. administers poison to a police service dog

3. As used in this section, "police service dog" means a dog used by apeace officer or correctional officer in the performance of the officer's duties, whether or not the dog is on duty.

4. This section does apply to a peace officer or veterinarian who terminates the life of such a dog for the purpose of relieving the dog of undue pain or suffering, or to a person who justifiably acts in defense or self or another.


Massachusetts General Law

MGL 272 Sec 77A: Willfully injuring police dogs and horses.

Whoever willfully tortures, torments, beats, kicks, strikes, mutilates, injures, disables, or otherwise mistreats, a dog or horse owned by a police department or police agency of the commonwealth or any of its political subdivisions or whoever, willfully by any action whatsoever, interferes with the lawful performance of such dog or horse shall be punished by a fine of not less then one hundred dollars and not more than five hundred dollars or by inprisonment for not more than two and one-half years or both. Persons violating this section may be arrested without a warrant by any officer qualified to serve criminal process provided said offense is committed in his presence. (simple misdemeanor)


Ohio Revised Code 2921.32.1.

No person shall knowingly cause or attempt to cause physical harm to a police dog or horse in either of the following,if the dog or horse is assisting a police officer in doing his official duties or the dog or horse is not assisting the officer but the offender has actual knowledge that the dog/horse is a police dog or police horse. This statute also covers handicapped assistance dogs. A violation of this statute where death results it is a Felony of the 4th degree( 6 months to 18 months in jail and a $5,000 fine ). Serious physical harm to the dog/horse it's a Felony of the 5th degree (6 months to 12 months and $2,500 fine ). Physical harm is a Misdemeanor of the 1st degree ( no time to 6 months & $1,000 fine). If no harm is involved it is a Misd of the 2nd degree ( no time to 90 days & $750 fine )


New Jersey

2C:29-3.1. Animal owned, used by law enforcement agency, infliction of harm upon, interference with officer, degree of crime, penalties:

1.Any person who purposely kills a dog, horse or other animal owned or used by a law enforcement agency shall be guilty of a crime of the third degree. Any person who purposely maims or otherwise inflicts harm upon a dog, horse or other animal owned or used by a law enforcement agency shall be guilty of a crime of the fourth degree. Any person who interferes with any law enforcement officer using an animal in the performance of his official duties commits a disorderly persons offense, subject to a sentence of six months' imprisonment, some or all of which may be community service, restitution and a $1,000.00 fine.

L.1983,c.261,s.1; amended 1999, c.14.


Oregon

ORS 164.369

Interfering with Police Animal.

(1) A person commits the crime of interfering with a police animal if the person intentionally or knowingly injures or attempts to injure an animal the person knows or should reasonalbly know is a police animal while the police animal is being used in the lawful discharge of its duty.

(2) Interference with a police animal is a class A misdemeanor.
 

ORS 164.365 Criminal Mischief I

(1) A person commits the crime criminal mischief in the first degree who, with the intent to damage property, and having now right to do so nor reasonable ground to believe that the person has such a right:(a) Damages or destroys property of another:

(F) Which is a police animal and the police animal suffers death or serious physical injury;( there are several other sub paragraphs that are included in this statute but this is the one that is applicable to police animals).

(3) Criminal mischief in the first degree is a class C felony.


Texas Pending Legislation

A BILL TO BE ENTITLED

AN ACT

relating to the efficient use of police service animals.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1.  Chapter 38, Penal Code, is amended by adding Section 38.151 to read as follows:

Sec. 38.151. INTERFERENCE WITH POLICE SERVICE ANIMALS. (a) In this section:

(1)  "Area of control" includes a vehicle, trailer, kennel, pen, or yard.

(2)  "Handler or rider" means a peace officer, corrections officer, or jailer who is specially trained to use a police service animal for law enforcement, corrections, prison or jail security, or investigative purposes.

(3)  "Police service animal" means a dog, horse, or other domesticated animal that is specially trained for use by a handler or rider.

(b)  A person commits an offense if the person recklessly:

(1)  taunts, torments, or strikes a police service animal;

(2)  throws an object or substance at a police service animal;

(3)  interferes with or obstructs a police service animal or interferes with or obstructs the handler or rider of a police service animal in a manner that:

(A)  inhibits or restricts the handler's or rider's control of the animal; or

(B)  deprives the handler or rider of control of the animal;

(4)  releases a police service animal from its area of control;

(5)  enters the area of control of a police service animal without the effective consent of the handler or rider, including placing food or any other object or substance into that area;

(6)  injures or kills a police service animal; or

(7)  engages in conduct likely to injure or kill a police service animal, including administering or setting a poison, trap, or any other object or substance.

(c)  An offense under this section is:

(1)  a Class C misdemeanor if the person commits an offense under Subsection (b)(1);

(2)  a Class B misdemeanor if the person commits an offense under Subsection (b)(2);

(3)  a Class A misdemeanor if the person commits an offense under Subsection (b)(3), (4), or (5);

(4)  a state jail felony if the person commits an offense under Subsection (b)(6) or (7) by injuring a police service animal or by engaging in conduct likely to injure the animal; or

(5)  a felony of the third degree if the person commits an offense under Subsection (b)(6) or (7) by killing a police service animal or by engaging in conduct likely to kill the animal.

SECTION 2.  Subchapter E, Chapter 826, Health and Safety Code, is amended by adding Section 826.048 to read as follows:

Sec. 826.048.  EXEMPTION FROM QUARANTINE REQUIREMENT FOR POLICE SERVICE ANIMALS. (a) In this section, "handler or rider" and "police service animal" have the meanings assigned by Section 38.151, Penal Code.

(b)  A police service animal is exempt from the quarantine requirement of this subchapter if the animal bites a person while the animal is under routine veterinary care or while the animal is being used for law enforcement, corrections, prison or jail security, or investigative purposes. If after biting the person the animal exhibits any abnormal behavior, the law enforcement agency and the animal's handler or rider shall make the animal available within a reasonable time for testing by the local health authority.

SECTION 3.  This Act takes effect September 1, 1999.

SECTION 4.  The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended.


Utah

76-9-306. Police service animals -- Causing injury or interfering with handler -- Penalties. (1) As used in this section:

(a) "Handler" means a law enforcement officer who is specially trained, and uses a police service animal during the course of the performance of his law enforcement duties.

(b) "Police service animal" means any dog or horse used by a law enforcement agency, which is specially trained for law enforcement work, or any animal contracted to assist a law enforcement agency in the performance of law enforcement duties.

(2) It is a class A misdemeanor for a person to intentionally:

(a) cause bodily injury or death to a police service animal;

(b) engage in such conduct likely to cause bodily injury or death to a police service animal;

(c) lay out, place, or administer any poison, trap, substance, or object which is likely to produce bodily injury or death to a police service animal; or

(d) offer or agree with one or more persons to engage in or cause the performance of an act which constitutes a violation of this statute.

(3) It is a class B misdemeanor for a person to intentionally or knowingly:

(a) taunt, torment, strike, or otherwise assault a police service animal;

(b) throw any object or substance at, or in the path of, a police service animal;

(c) interfere with or obstruct a police service animal, or attempt to, or interfere with the handler of the animal in such a manner as to inhibit, restrict, or deprive the handler of his control of the animal;

(d) release a police service animal from its area of control, such as a vehicle, kennel, or pen, or trespass in that area; or

(e) place any food, object, or substance into a police service animal's area of control without the permission of the handler.

(4) A police service animal is exempt from quarantine or other animal control ordinances if it bites any person while under proper police supervision or routine veterinary care. The law enforcement agency and the animal's handler shall make the animal available for examination at any reasonable time and shall notify the local health officer if the animal exhibits any abnormal behavior.

(5) In addition to any other penalty, a person convicted of a violation of this section is liable to the owning or employing law enforcement agency or individual owner of the police service animal for the replacement, training, and veterinary costs incurred as a result of the violation of this section.

Liability

18-1-1. Liability of owners -- Scienter -- Dogs used in law enforcement. Every person owning or keeping a dog shall be liable in damages for injury committed by such dog, and it shall not be necessary in any action brought therefor to allege or prove that such dog was of a vicious or mischievous disposition or that the owner or keeper thereof knew that it was vicious or mischievous; but neither the state nor any county, city, or town in the state nor any peace officer employed by any of them shall be liable in damages for injury committed by a dog when: (1) The dog has been trained to assist in law enforcement, and (2) the injury occurs while the dog is reasonably and carefully being used in the apprehension, arrest, or location of a suspected offender or in maintaining or controlling the public order.