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§ 5535. Attack of service, guide or support dog

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 18 Pa.C.S.A. Crimes and OffensesEffective: December 24, 2018

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses (Refs & Annos)
Article F. Offenses Against Public Order and Decency
Chapter 55. Riot, Disorderly Conduct and Related Offenses (Refs & Annos)
Subchapter B. Cruelty to Animals (Refs & Annos)
Effective: December 24, 2018
18 Pa.C.S.A. § 5535
Formerly cited as PA ST 18 Pa.C.S.A. § 5511
§ 5535. Attack of service, guide or support dog
Currentness
(a) Offense defined.--A person commits a misdemeanor of the third degree if the person is the owner of a dog that kills, maims or disfigures a service, guide or support dog of an individual with a disability without provocation by the service, guide or support dog or the individual.
(b) Culpability.--A person commits an offense under this section only if the person:
(1) knew or should have known that the dog the person owns had a propensity to attack human beings or domestic animals without provocation; and
(2) knowingly or recklessly failed to restrain the dog or keep the dog in a contained, secure manner.
(c) Penalty.--A person convicted of violating this section shall be sentenced to pay a fine of not more than $5,000 and shall be ordered to make reparations for veterinary costs in treating the service, guide or support dog and, if necessary, the cost of obtaining and training a replacement service, guide or support dog.
(d) Civil penalty and restitution.--
(1) A person who is the owner of a dog that kills, maims or disfigures a service, guide or support dog of an individual with a disability shall be subject to paragraph (2) if both of the following apply:
(i) The owner knew the dog had a propensity to attack human beings or domestic animals.
(ii) The owner failed to restrain the dog or keep the dog in a contained, secure manner.
(2) A court of common pleas may impose any of the following upon a person who is the owner of a dog under paragraph (1):
(i) A civil penalty of up to $15,000.
(ii) Reparations for veterinary costs in treating the service, guide or support dog and, if necessary, the cost of retraining the dog or of obtaining and training a replacement service, guide or support dog.
(iii) Loss of income for the time the individual is unable to work due to the unavailability of the service, guide or support dog.

Credits

2017, June 28, P.L. 215, No. 10, § 4, effective in 60 days [Aug. 28, 2017]. Amended 2018, Oct. 24, P.L. 685, No. 104, § 2, effective in 60 days [Dec. 24, 2018].
18 Pa.C.S.A. § 5535, PA ST 18 Pa.C.S.A. § 5535
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document