§ 14-163.1. Assaulting a law enforcement agency animal, an assistance animal, or a search and rescue animal.
§ 14‑163.1. Assaultinga law enforcement agency animal, an assistance animal, or a search and rescueanimal.
(a) The followingdefinitions apply in this section:
(1) Assistance animal. An animal that is trained and may be used to assist a "person with adisability" as defined in G.S. 168A‑3. The term "assistanceanimal" is not limited to a dog and includes any animal trained to assista person with a disability as provided in Article 1 of Chapter 168 of theGeneral Statutes.
(2) Law enforcementagency animal. An animal that is trained and may be used to assist a lawenforcement officer in the performance of the officer's official duties.
(3) Harm. Any injury,illness, or other physiological impairment; or any behavioral impairment thatimpedes or interferes with duties performed by a law enforcement agency animalor an assistance animal.
(3a) Search and rescueanimal. An animal that is trained and may be used to assist in a search andrescue operation.
(4) Serious harm. Harmthat does any of the following:
a. Creates asubstantial risk of death.
b. Causes maiming orcauses substantial loss or impairment of bodily function.
c. Causes acute pain ofa duration that results in substantial suffering.
d. Requires retrainingof the law enforcement agency animal or assistance animal.
e. Requires retirementof the law enforcement agency animal or assistance animal from performingduties.
(a1) Any person who knowsor has reason to know that an animal is a law enforcement agency animal, anassistance animal, or a search and rescue animal and who willfully kills theanimal is guilty of a Class H felony.
(b) Any person whoknows or has reason to know that an animal is a law enforcement agency animal,an assistance animal, or a search and rescue animal and who willfully causes orattempts to cause serious harm to the animal is guilty of a Class I felony.
(c) Unless the conductis covered under some other provision of law providing greater punishment, anyperson who knows or has reason to know that an animal is a law enforcementagency animal, an assistance animal, or a search and rescue animal and whowillfully causes or attempts to cause harm to the animal is guilty of a Class 1misdemeanor.
(d) Unless the conductis covered under some other provision of law providing greater punishment, anyperson who knows or has reason to know that an animal is a law enforcementagency animal, an assistance animal, or a search and rescue animal and whowillfully taunts, teases, harasses, delays, obstructs, or attempts to delay or obstructthe animal in the performance of its duty as a law enforcement agency animal,an assistance animal, or a search and rescue animal is guilty of a Class 2misdemeanor.
(d1) A defendantconvicted of a violation of this section shall be ordered to make restitutionto the person with a disability, or to a person, group, or law enforcementagency who owns or is responsible for the care of the law enforcement agencyanimal or search and rescue animal for any of the following as appropriate:
(1) Veterinary, medicalcare, and boarding expenses for the law enforcement agency animal, theassistance animal, or the search and rescue animal.
(2) Medical expenses forthe person with the disability relating to the harm inflicted upon theassistance animal.
(3) Replacement andtraining or retraining expenses for the law enforcement agency animal, theassistance animal, or the search and rescue animal.
(4) Expenses incurred toprovide temporary mobility services to the person with a disability.
(5) Wages or income lostwhile the person with a disability is with the assistance animal receivingtraining or retraining.
(6) The salary of thelaw enforcement agency animal handler as a result of the lost services to theagency during the time the handler is with the law enforcement agency animalreceiving training or retraining.
(6a) The salary of thesearch and rescue animal handler as a result of the search and rescue serviceslost during the time the handler is with the search and rescue animal receivingtraining or retraining.
(7) Any other expensereasonably incurred as a result of the offense.
(e) This section shallnot apply to a licensed veterinarian whose conduct is in accordance withArticle 11 of Chapter 90 of the General Statutes.
(f) Self‑defenseis an affirmative defense to a violation of this section.
(g) Nothing in thissection shall affect any civil remedies available for violation of thissection. (1983,c. 646, s. 1; 1993, c. 539, s. 108; 1994, Ex. Sess., c. 24, s. 14(c); 1995, c.258, s. 1; 2001‑411, s. 1; 2005‑184, s. 1; 2007‑80, s. 1;2009‑460, s. 1.)