Interference with Police Service Animals - Texas Gang Investigators Association

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Interference with Police Service Animals

Penal Code

P.C. 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 investigativepurposes.


(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.

 
 
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