Section 209.202

Title XII PUBLIC HEALTH AND WELFARE

Chapter 209

Effective - 12 Jul 2005, see footnote   

  209.202.  Crime of causing substantial injury to or the death of a service dog, penalty — failure to control an animal that causes substantial injury to or the death of a service dog, penalty — harassment of a service dog, penalty — damages. — 1.  Any person who knowingly, intentionally, or recklessly causes substantial physical injury to or the death of a service dog is guilty of a class A misdemeanor.  The provisions of this subsection shall not apply to the destruction of a service dog for humane purposes.

  2.  Any person who knowingly or intentionally fails to exercise sufficient control over an animal such person owns, keeps, harbors, or exercises control over to prevent the animal from causing the substantial physical injury to or death of a service dog, or the subsequent inability to function as a service dog as a result of the animal's attacking, chasing, or harassing the service dog is guilty of a class A misdemeanor.

  3.  Any person who harasses or chases a dog known to such person to be a service dog is guilty of a class B misdemeanor.

  4.  Any person who owns, keeps, harbors, or exercises control over an animal and who knowingly or intentionally fails to exercise sufficient control over the animal to prevent such animal from chasing or harassing a service dog while such dog is carrying out the dog's function as a service dog, to the extent that the animal temporarily interferes with the service dog's ability to carry out the dog's function is guilty of a class B misdemeanor.

  5.  An owner of a service dog or a person with a disability who uses a service dog may file a cause of action to recover civil damages against any person who:

  (1)  Violates the provisions of subsection 1 or 2 of this section; or

  (2)  Steals a service dog resulting in the loss of the services of the service dog.

  6.  Any civil damages awarded under subsection 5 of this section shall be based on the following:

  (1)  The replacement value of an equally trained service dog, without any differentiation for the age or experience of the service dog;

  (2)  The cost and expenses incurred by the owner of a service dog or the person with a disability who used the service dog, including:

  (a)  The cost of temporary replacement services, whether provided by another service dog or by a person;

  (b)  The reasonable costs incurred in efforts to recover a stolen service dog; and

  (c)  Court costs and attorney's fees incurred in bringing a civil action under subsection 5 of this section.

  7.  An owner of a service dog or a person with a disability who uses a service dog may file a cause of action to recover civil damages against a person who:

  (1)  Violates the provisions of subsections 1 to 4 of this section resulting in injury from which the service dog recovers to an extent that the dog is able to function as a service dog for the person with a disability; or

  (2)  Steals a service dog and the service dog is recovered resulting in the service dog being able to function as a service dog for the person with a disability.

  8.  Any civil damages awarded under subsection 7 of this section shall be based on the following:

  (1)  Veterinary medical expenses;

  (2)  Retraining expenses;

  (3)  The cost of temporary replacement services, whether provided by another service dog or by a person;

  (4)  Reasonable costs incurred in the recovery of the service dog; and

  (5)  Court costs and attorney's fees incurred in bringing the civil action under subsection 7 of this section.

  9.  The provisions of this section shall not apply if a person with a disability, an owner, or a person having custody or supervision of a service dog commits criminal or civil trespass.

  10.  Nothing in this section shall be construed to preclude any other remedies available at law.

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(L. 2005 H.B. 116)

Effective 7-12-05