Texas Penal Code 42.091 – Attack On Assistance Animal
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(a) A person commits an offense if the person intentionally, knowingly, or recklessly attacks, injures, or kills an assistance animal.
(b) A person commits an offense if the person intentionally, knowingly, or recklessly incites or permits an animal owned by or otherwise in the custody of the actor to attack, injure, or kill an assistance animal and, as a result of the person’s conduct, the assistance animal is attacked, injured, or killed.
Terms Used In Texas Penal Code 42.091
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Texas Penal Code 1.07
- Conduct: means an act or omission and its accompanying mental state. See Texas Penal Code 1.07
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Felony: means an offense so designated by law or punishable by death or confinement in a penitentiary. See Texas Penal Code 1.07
- Misdemeanor: means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. See Texas Penal Code 1.07
- Owner: means a person who:
(A) has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor; or
(B) is a holder in due course of a negotiable instrument. See Texas Penal Code 1.07 - Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(c) An offense under this section is a:
(1) Class A misdemeanor if the actor or an animal owned by or otherwise in the custody of the actor attacks an assistance animal;
(2) state jail felony if the actor or an animal owned by or otherwise in the custody of the actor injures an assistance animal; or
(3) felony of the third degree if the actor or an animal owned by or otherwise in the custody of the actor kills an assistance animal.
(d) A court shall order a defendant convicted of an offense under Subsection (a) to make restitution to the owner of the assistance animal for:
(1) related veterinary or medical bills;
(2) the cost of:
(A) replacing the assistance animal; or
(B) retraining an injured assistance animal by an organization generally recognized by agencies involved in the rehabilitation of persons with disabilities as reputable and competent to provide special equipment for or special training to an animal to help a person with a disability; and
(3) any other expense reasonably incurred as a result of the offense.
(e) In this section:
(1) “Assistance animal” has the meaning assigned by § 121.002, Human Resources Code.
(2) “Custody” has the meaning assigned by § 42.09.