Interference with Police Service Animals

From the Law Office of Alison Grinter in Dallas, Texas

1 Degree
2 Statute(s)
3 Caselaw
4 Collateral Consequences
5 Notes

Degree

It is a:

Class C misdemeanor to taunt, torment, or strike the animal

Class B misdemeanor to throw something at the animal

Class A misdemeanor to inhibit or restrict the handler or rider's ability to control the animal, release the animal, or enter the animal's pen or put any object into the animal's pen, including food without permission.

State jail felony to injure the animal or do something likely to injure the animal

Second degree felony to kill the animal or do something likely to kill the animal

Statute(s)

§ 38.151. INTERFERENCE WITH POLICE SERVICE ANIMALS.
(a) In this section:
    (1) "Area of control" includes a vehicle, trailer, kennel, pen, or yard.
    (2) "Handler or rider" means a peace officer, corrections officer, or jailer who is specially trained to use a police service animal for law enforcement, corrections, prison or jail security, or investigative purposes.
    (3) "Police service animal" means a dog, horse, or other domesticated animal that is specially trained for use by a handler or rider.
(b) A person commits an offense if the person recklessly:
    (1) taunts, torments, or strikes a police service animal;
    (2) throws an object or substance at a police service animal;
    (3) interferes with or obstructs a police service animal or interferes with or obstructs the handler or rider of a police service animal in a manner that:
       (A) inhibits or restricts the handler's or rider's control of the animal; or
       (B) deprives the handler or rider of control of the animal;
    (4) releases a police service animal from its area of control;
    (5) enters the area of control of a police service animal without the effective consent of the handler or rider, including placing food or any other object or substance into that area;
    (6) injures or kills a police service animal; or
    (7) engages in conduct likely to injure or kill a police service animal, including administering or setting a poison, trap, or any other object or substance.
(c) An offense under this section is:
    (1) a Class C misdemeanor if the person commits an offense under Subsection (b)(1);
    (2) a Class B misdemeanor if the person commits an offense under Subsection (b)(2);
    (3) a Class A misdemeanor if the person commits an offense under Subsection (b)(3), (4), or (5);
    (4) except as provided by Subdivision (5), a state jail felony if the person commits an offense under Subsection (b)(6) or (7) by injuring a police service animal or by engaging in conduct likely to injure the animal; or
    (5) a felony of the second degree if the person commits an offense under Subsection (b)(6) or (7) by:
       (A) killing a police service animal or engaging in conduct likely to kill the animal;
       (B) injuring a police service animal in a manner that materially and permanently affects the ability of the animal to perform as a police service animal; or
       (C) engaging in conduct likely to injure a police service animal in a manner that would materially and permanently affect the ability of the animal to perform as a police service animal.