202.500 - Dangerous or vicious dogs: Unlawful acts; penalties.

202.500  Dangerous or vicious dogs: Unlawful acts; penalties.

      1.  As used in this section, a dog is:

      (a) “Dangerous” if:

             (1) It is so declared pursuant to subsection 2; or

             (2) Without provocation, on two separate occasions within 18 months, it behaves menacingly, to a degree that would lead a reasonable person to defend himself or herself against substantial bodily harm, when the dog is:

                   (I) Off the premises of its owner or keeper; or

                   (II) Not confined in a cage, pen or vehicle.

      (b) “Provoked” when it is tormented or subjected to pain.

      (c) “Vicious” if:

             (1) Without being provoked, it kills or inflicts substantial bodily harm upon a human being; or

             (2) After its owner or keeper has been notified by a law enforcement agency that it is dangerous, it continues the behavior described in paragraph (a).

      2.  A dog may be declared dangerous by a law enforcement agency if it is used in the commission of a crime by its owner or keeper.

      3.  A dog may not be found dangerous or vicious because of a defensive act against a person who was committing or attempting to commit a crime or who provoked the dog.

      4.  A person who knowingly:

      (a) Owns or keeps a vicious dog, for more than 7 days after the person has actual notice that the dog is vicious; or

      (b) Transfers ownership of a vicious dog after the person has actual notice that the dog is vicious,

Ê is guilty of a misdemeanor.

      5.  If substantial bodily harm results from an attack by a dog known to be vicious, its owner or keeper is guilty of a category D felony and shall be punished as provided in NRS 193.130. In lieu of, or in addition to, a penalty provided in this subsection, the judge may order the vicious dog to be humanely destroyed.

      6.  This section does not apply to a dog used by a law enforcement officer in the performance of his or her duty.

      [1911 C&P § 176; RL § 6441; NCL § 10123]—(NRS A 1967, 488; 1993, 2887; 1995, 1209)