- A. No person shall willfully harm, including torture, torment, beat, mutilate, injure, disable, or otherwise mistreat or kill a service dog that is used for the benefit of any handicapped person in the state.
- B. No person shall willfully interfere with the lawful performance of any service dog used for the benefit of any handicapped person in the state.
- C. Except as provided in subsection D of this section, any person convicted of violating any of the provisions of this section shall be guilty of a misdemeanor, punishable by the imposition of a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the county jail not exceeding one (1) year, or by both such fine and imprisonment.
- D. Any person who knowingly and willfully and without lawful cause or justification violates the provisions of this section, during the commission of a misdemeanor or felony, shall be guilty of a felony, punishable by the imposition of a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the Department of Corrections not exceeding two (2) years, or by both such fine and imprisonment.
- E. Any person who encourages, permits or allows a dog owned or kept by such person to fight, injure, disable or kill a service dog used for the benefit of any handicapped person in this state, or to interfere with a service dog in any place where the service dog resides or is performing, shall, upon conviction, be guilty of a misdemeanor punishable as provided in subsection C of this section. In addition to the penalty imposed, the court shall order the violator to make restitution to the service dog’s owner for actual costs and expenses incurred as a direct result of any injury, disability or death caused to such service dog, including but not limited to costs of replacing and training any new service dog when a service dog is killed, disabled or unable to perform due to injury. For purpose of this subsection, when a person informs the owner of a dog that the dog is a threat and requests the owner to control or contain the dog and the owner disregards the request, the owner shall be deemed to have encouraged, permitted or allowed any resulting injury to or interference with a service dog.
Laws 2004, SB 1402, c. 281, § 1, emerg. eff. May 10, 2004.