76-9-306. Police service canine — Causing injury or interfering with handler — Penalties.
| (1) |
As used in this section:
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| class A misdemeanor | up to 364 days | up to $2,500 |
For details, see Utah Code § 76-3-204
Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.
Terms Used In Utah Code 76-9-306- Bodily injury: means physical pain, illness, or any impairment of physical condition. See Utah Code 76-1-101.5
- Conduct: means an act or omission. See Utah Code 76-1-101.5
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
| (a) |
“Handler” means a law enforcement officer who is specially trained, and uses a police service canine during the course of the performance of his law enforcement duties. |
| (b) |
“Police service canine” means any dog used by a law enforcement agency, which is specially trained for law enforcement work, or any animal contracted to assist a law enforcement agency in the performance of law enforcement duties. |
|
| (2) |
It is a second degree felony for a person to intentionally or knowingly cause death to a police service canine. |
| (3) |
It is a third degree felony for a person to intentionally or knowingly:
| (a) |
cause bodily injury to a police service canine; |
| (b) |
engage in conduct likely to cause bodily injury or death to a police service canine; or |
| (c) |
lay out, place, or administer any poison, trap, substance, or object which is likely to produce bodily injury or death to a police service canine. |
|
| (4) |
It is a class A misdemeanor for a person to intentionally or knowingly:
| (a) |
taunt, torment, strike, or otherwise assault a police service canine; |
| (b) |
throw any object or substance at, or in the path of, a police service canine; |
| (c) |
interfere with or obstruct a police service canine, or attempt to, or interfere with the handler of the canine in a manner that inhibits, restricts, or deprives the handler of control of the canine; |
| (d) |
release a police service canine from its area of control, such as a vehicle, kennel, or pen, or trespass in that area; or |
| (e) |
place any food, object, or substance into a police service canine’s area of control without the permission of the handler. |
|
| (5) |
A police service canine is exempt from quarantine or other animal control ordinances if it bites any person while under proper police supervision or routine veterinary care. The law enforcement agency and the canine’s handler shall make the canine available for examination at any reasonable time and shall notify the local health officer if the canine exhibits any abnormal behavior. |
| (6) |
In addition to any other penalty, a person convicted of a violation of this section is liable for restitution to the owning or employing law enforcement agency or individual owner of the police service canine for the replacement, training, and veterinary costs incurred as a result of the violation of this section. |
Amended by Chapter 264, 2018 General Session
