21-4318. Harming or killing certain dogs.
21-4318
21-4318. Harming or killing certain dogs.(a) Inflicting harm, disability or death to a police dog, arson dog, assistancedog, game warden dog or search and rescue dog is knowingly and intentionally,and without lawful cause or justification poisoning, inflicting great bodilyharm, permanent disability or death, upon a police dog, arson dog, assistancedog, game warden dog or search and rescue dog.
(b) As used in this section:
(1) "Arson dog" means any dog which is owned, or the service of which isemployed, by the state fire marshal or a fire department for the principalpurpose of aiding in the detection of liquid accelerants in the investigationof fires.
(2) "Assistance dog" has the meaning provided byK.S.A. 2007 Supp.39-1113,and amendments thereto.
(3) "Fire department" means a public fire department under the control ofthe governing body of a city, township, county, fire district or benefitdistrict or a private fire department operated by a nonprofit corporationproviding fire protection services for a city, township, county, fire districtor benefit district under contract with the governing body of the city,township, county or district.
(4) "Game warden dog" means any dog which is owned, or the service of whichis employed, by the department of wildlife and parks for the purpose of aidingin detection of criminal activity, enforcement of laws, apprehension ofoffenders or location of persons or wildlife.
(5) "Police dog" means any dog which is owned, or the service of which isemployed, by a law enforcement agency for the principal purpose of aiding inthe detection of criminal activity, enforcement of laws or apprehension ofoffenders.
(6) "Search and rescue dog" means any dog which is owned or the service ofwhich is employed, by a law enforcement or emergency response agency for thepurpose of aiding in the location of persons missing in disasters or othertimes of need.
(c) Inflicting harm, disability or death to a police dog, arson dog,assistance dog, game warden dog or search and rescue dog is a nonpersonfelony. Upon conviction of thissubsection, a person shall be sentenced to not less than 30 days or more thanone year's imprisonment and be fined not less than $500 nor more than $5,000.During the mandatory 30 days imprisonment, such offender shall have apsychological evaluation prepared for the court to assist the court indetermining conditions of probation. Such conditions shall include, but not belimited to, the completion of an anger management program.
(d) This section shall be part of and supplemental to theKansas criminal code.
History: L. 1992, ch. 298, § 82;L. 1993, ch. 291, § 250;L. 1998, ch. 52, § 1;L. 2002, ch. 45, § 1;L. 2003, ch. 64, § 11;L. 2004, ch. 175, § 4;L. 2006, ch. 126, § 3; July 1.