76-9-306 - Police service animals -- Causing injury or interfering with handler -- Penalties.
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 policeservice 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 lawenforcement agency in the performance of law enforcement duties.
(2) It is a third degree felony for a person to intentionally:
(a) cause bodily injury or death to a police service animal;
(b) engage in 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 toproduce 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 anact which constitutes a violation of this section.
(3) It is a class A 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 thehandler of the animal in a manner that inhibits, restricts, or deprives the handler of his control ofthe animal;
(d) release a police service animal from its area of control, such as a vehicle, kennel, orpen, or trespass in that area; or
(e) place any food, object, or substance into a police service animal's area of controlwithout the permission of the handler.
(4) A police service animal is exempt from quarantine or other animal control ordinancesif it bites any person while under proper police supervision or routine veterinary care. The lawenforcement agency and the animal's handler shall make the animal available for examination atany reasonable time and shall notify the local health officer if the animal exhibits any abnormalbehavior.
(5) In addition to any other penalty, a person convicted of a violation of this section isliable for restitution to the owning or employing law enforcement agency or individual owner ofthe police service animal for the replacement, training, and veterinary costs incurred as a result ofthe violation of this section.
Amended by Chapter 192, 2000 General Session