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chapter-711•Hawaii Revised Statutes, Chapter 711 — Offenses Against Public Order
chapter-711Haw. Rev. Stat. ch. 711Code01.01.1972
Division 5. Crimes and Criminal Proceedings — Title 37. Hawaii Penal Code
Hawaii Revised Statutes as published by the Hawaii State Legislature (files updated 1/21/2026 9:47 AM).
In this chapter, unless a different meaning is plainly required, or the definition is otherwise limited by this section:
"Animal" includes every living creature, except a human being.
"Equine animal" means an animal of or belonging to the family Equidae, including horses, ponies, mules, donkeys, asses, burros, and zebras.
"Facsimile" means a document produced by a receiver of signals transmitted over telecommunication lines, after translating the signals, to produce a duplicate of an original document.
"Law enforcement animal" means any dog, horse, or other animal used by law enforcement or corrections agencies and trained to work in areas of tracking, suspect apprehension, victim assistance, crowd control, or drug or explosive detection for law enforcement purposes.
"Necessary sustenance" means care sufficient to preserve the health and well-being of a pet animal, except for emergencies or circumstances beyond the reasonable control of the owner or caretaker of the pet animal, and includes but is not limited to the following requirements:
(1) Food of sufficient quantity and quality to allow for normal growth or maintenance of body weight;
(2) Open or adequate access to water in sufficient quantity and quality to satisfy the animal's needs;
(3) Access to protection from wind, rain, or sun;
(4) An area of confinement that has adequate space necessary for the health of the animal and is kept reasonably clean and free from excess waste or other contaminants that could affect the animal's health; provided that the area of confinement in a primary pet enclosure shall:
(a) Provide access to shelter;
(b) Be constructed of safe materials to protect the pet animal from injury;
(c) Enable the pet animal to be clean, dry, and free from excess waste or other contaminants that could affect the pet animal's health;
(d) Provide the pet animal with a solid surface or resting platform that is large enough for the pet animal to lie upon in a normal manner, or, in the case of a caged bird, a perch that is large enough for the bird to perch upon in a normal manner;
(e) Provide sufficient space to allow the pet animal, at minimum, to do the following:
(i) Easily stand, sit, lie, turn around, and make all other normal body movements in a comfortable manner for the pet animal, without making physical contact with any other animal in the enclosure; and
(ii) Interact safely with other animals within the enclosure; and
(5) Veterinary care when needed to prevent suffering.
"Obstructs" means renders impassable without unreasonable inconvenience or hazard.
"Pet animal" means a dog, cat, domesticated rabbit, guinea pig, domesticated pig, or caged birds (passeriformes, piciformes, and psittaciformes only) so long as not bred for consumption.
"Primary pet enclosure" means any kennel, cage, or structure used to restrict only a pet animal as defined in this section to a limited area of space, and does not apply to the confinement of any animals that are raised for food, such as any poultry that is raised for meat or egg production and livestock, rabbits, or pigs that are raised specifically for meat production because these animals are not pets when raised for meat or egg production.
"Private place" means a place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance, but does not include a place to which the public or a substantial group thereof has access.
"Public" means affecting or likely to affect a substantial number of persons.
"Public place" means a place to which the public or a substantial group of persons has access and includes highways, transportation facilities, schools, places of amusement or business, parks, playgrounds, prisons, and hallways, lobbies, and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence.
"Record", for the purposes of sections 711-1110.9 and 711-1111, means to videotape, film, photograph, or archive electronically or digitally.
"Torment" means fail to attempt to mitigate substantial bodily injury with respect to a person who has a duty of care to the animal.
"Torture" includes every act, omission, or neglect whereby unjustifiable physical pain, suffering, or death is caused or permitted.
[L 1972, c 9, pt of §1; am L 1986, c 192, §3; am L 1987, c 176, §4; am L 1992, c 292, §3; am L 1998, c 173, §1; am L 2003, c 48, §1; am L 2004, c 83, §1; am L 2007, c 114, §3; am L 2008, c 111, §1; am L 2010, c 147, §2; am L 2013, c 205, §4; am L 2015, c 35, §28]
(1) A person commits the offense of disorderly conduct if, with intent to cause physical inconvenience or alarm by a member or members of the public, or recklessly creating a risk thereof, the person:
(a) Engages in fighting or threatening, or in violent or tumultuous behavior;
(b) Makes unreasonable noise;
(c) Subjects another person to offensively coarse behavior or abusive language which is likely to provoke a violent response;
(d) Creates a hazardous or physically offensive condition by any act which is not performed under any authorized license or permit; or
(e) Impedes or obstructs, for the purpose of begging or soliciting alms, any person in any public place or in any place open to the public.
(2) Noise is unreasonable, within the meaning of subsection (1)(b), if considering the nature and purpose of the person's conduct and the circumstances known to the person, including the nature of the location and the time of the day or night, the person's conduct involves a gross deviation from the standard of conduct that a law-abiding citizen would follow in the same situation; or the failure to heed the admonition of a police officer that the noise is unreasonable and should be stopped or reduced.
The renter, resident, or owner-occupant of the premises who knowingly or negligently consents to unreasonable noise on the premises shall be guilty of a noise violation.
(3) Disorderly conduct is a petty misdemeanor if it is the defendant's intention to cause substantial harm or serious inconvenience, or if the defendant persists in disorderly conduct after reasonable warning or request to desist. Otherwise disorderly conduct is a violation.
[L 1972, c 9, pt of §1; am L 1973, c 136, §9(a); am L 1974, c 164, §1; am L 1978, c 182, §1; am L 1979, c 79, §1; gen ch 1993; am L 2003, c 48, §2]
(1) When six or more persons are participating in a course of disorderly conduct likely to cause substantial harm or serious inconvenience, annoyance, or alarm, a law enforcement officer may order the participants and others in the immediate vicinity to disperse.
(2) A person commits the offense of failure to disperse if the person knowingly fails to comply with an order made pursuant to subsection (1).
(3) Failure to disperse is a misdemeanor.
[L 1972, c 9, pt of §1; gen ch 1993; am L 2001, c 91, §4]
(1) A person commits the offense of riot if the person participates with five or more other persons in a course of disorderly conduct:
(a) With intent to commit or facilitate the commission of a felony; or
(b) When the person or any other participant to the person's knowledge uses or intends to use a firearm or other dangerous instrument in the course of the disorderly conduct.
(2) Riot is a class C felony.
[L 1972, c 9, pt of §1; gen ch 1993]
(1) A person commits the offense of unlawful assembly if:
(a) The person assembles with five or more other persons with intent to engage in conduct constituting a riot; or
(b) Being present at an assembly that either has or develops a purpose to engage in conduct constituting a riot, the person remains there with intent to advance that purpose.
(2) Unlawful assembly is a misdemeanor.
[L 1972, c 9, pt of §1]
(1) A person commits the offense of obstructing if, whether alone or with others and having no legal privilege to do so, the person knowingly or recklessly:
(a) Obstructs any highway or public passage; or
(b) Provides less than thirty-six inches of space for passage on any paved public sidewalk.
(2) A person in a gathering commits the offense of obstructing if the person refuses to obey a reasonable request or order by a law enforcement officer:
(a) To move to prevent or to cease any activity prohibited under subsection (1); or
(b) To move to maintain public safety by dispersing those gathered in dangerous proximity to a public hazard.
(3) An order to move under subsection (2)(a), addressed to a person whose speech or other lawful behavior attracts an obstructing audience, is not reasonable if the obstruction can be readily remedied by police control.
(4) A person is not guilty of violating subsection (1) solely because persons gather to hear the person speak or because the person is a member of such a gathering.
(5) Obstructing is a petty misdemeanor if the person persists in the conduct specified in subsection (1) after a warning by a law enforcement officer; otherwise it is a violation.
[L 1972, c 9, pt of §1; gen ch 1993; am L 2001, c 91, §4; am L 2014, c 51, §1]
(1) A person commits the offense of harassment if, with intent to harass, annoy, or alarm any other person, that person:
(a) Strikes, shoves, kicks, or otherwise touches another person in an offensive manner or subjects the other person to offensive physical contact;
(b) Insults, taunts, or challenges another person in a manner likely to provoke an immediate violent response or that would cause the other person to reasonably believe that the actor intends to cause bodily injury to the recipient or another or damage to the property of the recipient or another;
(c) Repeatedly makes telephone calls, facsimile transmissions, or any form of electronic communication as defined in section 711-1111(2), including electronic mail transmissions, without purpose of legitimate communication;
(d) Repeatedly makes a communication anonymously or at an extremely inconvenient hour;
(e) Repeatedly makes communications, after being advised by the person to whom the communication is directed that further communication is unwelcome; or
(f) Makes a communication using offensively coarse language that would cause the recipient to reasonably believe that the actor intends to cause bodily injury to the recipient or another or damage to the property of the recipient or another.
(2) Harassment is a petty misdemeanor.
[L 1972, c 9, pt of §1; am L 1973, c 136, §9(b); am L 1992, c 292, §4; am L 1996, c 245, §2; am L 2009, c 90, §1]
(1) A person commits the offense of aggravated harassment by stalking if that person commits the offense of harassment by stalking as provided in section 711-1106.5 and has been convicted previously of harassment by stalking under section 711-1106.5 within five years of the instant offense.
(2) Aggravated harassment by stalking is a class C felony.
[L 1995, c 159, §1; am L 2003, c 68, §1]
(1) A person commits the offense of harassment by stalking if, with intent to harass, annoy, or alarm another person, or in reckless disregard of the risk thereof, that person engages in a course of conduct involving pursuit, surveillance, or nonconsensual contact upon the other person on more than one occasion without legitimate purpose.
(2) A person convicted under this section may be required to undergo a counseling program as ordered by the court.
(3) For purposes of this section, "nonconsensual contact" means any contact that occurs without that individual's consent or in disregard of that person's express desire that the contact be avoided or discontinued. Nonconsensual contact includes direct personal visual or oral contact and contact via telephone, facsimile, or any form of electronic communication, as defined in section 711-1111(2), including electronic mail transmission.
(4) Harassment by stalking is a misdemeanor.
[L 1992, c 292, §2; am L 2003, c 68, §2; am L 2009, c 90, §2]
(1) A person commits the offense of harassment by impersonation if that person poses as another person, without the express authorization of that person, and makes or causes to be made, either directly or indirectly, a transmission of any personal information of the person to another by any oral statement, any written statement, or any statement conveyed by any electronic means, with the intent to harass, annoy, or alarm any person.
(2) Harassment by impersonation is a misdemeanor.
(3) For the purposes of this section:
"Personal information" means information associated with an actual person that is a name, an address, a telephone number, or an electronic mail address.
"Pose" means to falsely represent oneself, directly or indirectly, as another person or persons.
[L 2008, c 133, §1]
(1) A person commits the offense of desecration if the person intentionally or knowingly desecrates:
(a) Any public monument or structure;
(b) A place of worship or burial; or
(c) In a public place, the national flag or any other object of veneration by a substantial segment of the public.
(2) As used in this section, "desecrate" means defacing, damaging, polluting, or otherwise physically mistreating any monument, structure, place, or object described in subsection (1).
(3) Any person convicted of committing the offense of desecration shall be sentenced to a term of imprisonment of not more than one year, a fine of not more than $10,000, or both.
[L 1972, c 9, pt of §1; gen ch 1993; am L 2002, c 198, §1; am L 2023, c 196, §2]
(1) A person commits the offense of abuse of a corpse if, except as authorized by law, the person:
(a) Treats a human corpse in a way that the person knows would outrage ordinary family sensibilities; or
(b) Accepts the donation of a dead human body or any of its parts.
(2) An entity to whom body parts are entrusted commits the offense of abuse of a corpse if, except as authorized by law, the entity to whom body parts are entrusted disposes of a dead human body without a disposition permit. Disposal of a dead human body includes removal of body parts or organs; provided that it shall not be an offense for a procurement organization to remove body parts or organs for transplantation or therapy prior to obtaining a disposition permit.
(3) The preparation of a corpse for burial or cremation in a manner consistent with traditional Hawaiian cultural customs and practices shall not be a violation of this section.
(4) The burial or cremation of a corpse prepared consistent with traditional Hawaiian cultural customs and practices shall not be a violation of this section.
(5) Abuse of a corpse is a misdemeanor.
(6) For the purposes of this section, "procurement organization" has the same meaning as defined in section 327-2.
[L 1972, c 9, pt of §1; gen ch 1993; am L 2015, c 171, §2; am L 2020, c 43, §4]
(1) A person commits the offense of cruelty to animals in the first degree if the person intentionally or knowingly:
(a) Tortures, mutilates, or poisons or causes the torture, mutilation, or poisoning of any pet animal or equine animal resulting in serious bodily injury or death of the pet animal or equine animal; or
(b) Kills or attempts to kill any pet animal belonging to another person, without first obtaining legal authority or the consent of the pet animal's owner.
(2) Subsection (1)(a) shall not apply to:
(a) Accepted veterinary practices when the practices are performed by a veterinarian licensed under chapter 471; and
(b) Activities carried on for scientific research governed by standards of accepted educational or medicinal practices.
(3) Subsection (1)(b) shall not apply to:
(a) Humane euthanasia of any animal by an animal control officer, duly incorporated humane society, duly incorporated society for the prevention of cruelty to animals, or duly authorized governmental agency in accordance with American Veterinary Medical Association accepted standards; or
(b) Conduct which the actor believes to be necessary to avoid an imminent harm or evil to the actor, another person, or an animal; provided that the harm or evil sought to be avoided by such conduct is greater than that sought to be prevented by this section and is justifiable as provided in section 703-302 for choice of evils; provided further that, for purposes of this paragraph, as the justification described in section 703‑302 shall also apply to conduct which the actor believes to be necessary to avoid an imminent harm or evil to an animal.
(4) Whenever any pet animal or equine animal is so severely injured that there is no reasonable probability that its life can be saved, the animal may be immediately destroyed without creating any offense under this section.
(5) Cruelty to animals in the first degree is a class C felony. In addition to any fines and imprisonment imposed under this section, any person convicted under this section shall be prohibited from possessing or owning any pet animal or equine animal for a minimum of five years from the date of conviction.
[(6)] For the purposes of this section, "person" means any individual; any firm, partnership, joint venture, association, limited liability company, corporation, estate, trust, receiver, or syndicate; or any other legal entity.
[L 2007, c 114, §2; am L 2008, c 111, §2; am L 2011, c 135, §1; am L 2013, c 209, §2; am L 2024, c 221, §3]
(1) A person commits the offense of cruelty to animals in the second degree if the person intentionally, knowingly, or recklessly:
(a) Overdrives, overloads, tortures, torments, beats, causes substantial bodily injury to, or starves any animal, or causes the overdriving, overloading, torture, torment, beating, or starving of any animal;
(b) Deprives a pet animal of necessary sustenance or causes that deprivation;
(c) Mutilates, poisons, or kills without need any animal other than insects, vermin, or other pests; provided that the handling or extermination of any insect, vermin, or other pest is conducted in accordance with standard and acceptable pest control practices and all applicable laws and regulations;
(d) Keeps, uses, or in any way is connected with or interested in the management of, or receives money for the admission of any person to, any place kept or used for the purpose of fighting or baiting any bull, bear, cock, or other animal, and includes every person who encourages, aids, or assists therein, or who permits or suffers any place to be so kept or used;
(e) Carries or causes to be carried, in or upon any vehicle or other conveyance, any animal in a cruel or inhumane manner;
(f) Confines or causes to be confined, in a kennel or cage, any pet animal in a cruel or inhumane manner;
(g) Tethers, fastens, ties, or restrains a dog to a doghouse, tree, fence, or any other stationary object, or uses a trolley, trolley with swivels, pulley, cable, running line, or trolley lacking swivels at each end that is designed to attach a dog to two stationary objects in a configuration that endangers the dog, including preventing the dog from obtaining necessary sustenance;
(h) Tethers or restrains a dog under the age of six months unless the dog is engaged in an activity supervised by its owner or an agent of its owner;
(i) Tethers or restrains a dog by a tow or log chain;
(j) Tethers or restrains by means of choke collar, pinch collar, or prong collar unless the dog is engaged in an activity supervised by its owner or an agent of its owner; or
(k) Assists another in the commission of any act specified in paragraphs (a) through (j).
(2) Subsection (1)(a), (b), (c), (e), (f), (g), and (h) shall not apply to:
(a) Accepted veterinary practices;
(b) Activities carried on for scientific research governed by standards of accepted educational or medicinal practices; or
(c) Pest control operations conducted pursuant to chapter 149A by a pest control operator licensed pursuant to chapter 460J, if the pest control is performed under a written contract.
(3) Whenever any animal is so severely injured that there is no reasonable probability that its life or usefulness can be saved, the animal may be immediately destroyed without creating any offense under this section.
(4) Cruelty to animals in the second degree is a misdemeanor, except that if the offense involves ten or more pet animals in any one instance, then cruelty to animals in the second degree is a class C felony.
[L 1972, c 9, pt of §1; am L 1986, c 192, §§1, 2; am L 1998, c 173, §2; am L 2007, c 114, §4; am L 2009, c 160, §1; am L 2011, c 226, §1; am L 2013, c 210, §2; am L 2021, c 182, §1]
(1) If there is probable cause to believe that a pet animal or equine animal is being subjected to treatment in violation of section 711-1108.5, 711-1109, 711-1109.3, or 711-1109.35, as applicable, a law enforcement officer, after obtaining a search warrant, or in any other manner authorized by law, may enter the premises where the pet animal or equine animal is located to provide the pet animal or equine animal with food, water, and emergency medical treatment or to impound the pet animal or equine animal. If after reasonable effort, the owner or person having custody of the pet animal or equine animal cannot be found and notified of the impoundment, an impoundment notice shall be conspicuously posted on the premises and within seventy-two hours after posting, the notice shall be sent by certified mail to the address, if any, from which the pet animal or equine animal was removed.
(2) A law enforcement officer is not liable for any damage resulting from an entry under subsection (1), unless the damage resulted from intentional or reckless behavior on behalf of the law enforcement officer.
(3) A court may order a pet animal or equine animal impounded under subsection (1) to be held at a duly incorporated humane society or duly incorporated society for the prevention of cruelty to animals. A facility receiving the pet animal or equine animal shall provide adequate food and water and may provide veterinary care.
(4) For purposes of this section, "law enforcement officer" shall have the same meaning as [in] section 710-1000.
[L 2006, c 239, pt of §1; am L 2007, c 114, §5; am L 2008, c 128, §§2, 7; am L 2009, c 11, §15 as superseded by c 160, §3; am L 2011, c 149, §§2, 6; am L 2012, c 25, §1]
(1) If any pet animal or equine animal is impounded pursuant to section 711-1109.1, prior to filing of, or final disposition of a criminal charge under section 711-1108.5, 711-1109, 711-1109.3, or 711-1109.35, as applicable, against the pet animal's or equine animal's owner, any duly incorporated humane society or duly incorporated society for the prevention of cruelty to animals that is holding the pet animal or equine animal may file a petition in the court that would have jurisdiction over the criminal case when the criminal charge is filed, if the petition is filed prior to the filing of the criminal charge, or in the criminal action requesting that the court issue an order for forfeiture of the pet animal or equine animal to the county or to the duly incorporated humane society or duly incorporated society for the prevention of cruelty to animals prior to the filing of the criminal charge that arises from the impoundment or final disposition of the criminal charge. The petitioner shall serve a true copy of the petition upon the owner or custodian of the impounded pet animal or equine animal, when a petition is filed prior to the filing of the criminal charge, or the defendant, in the criminal action, and the prosecuting attorney.
(2) Upon receipt of a petition pursuant to subsection (1), the court shall set a hearing on the petition. The hearing shall be conducted within fourteen days after the filing of the petition, or as soon as practicable.
(3) At a hearing conducted pursuant to subsection (2), the petitioner shall have the burden of establishing probable cause that the pet animal or equine animal was subjected to a violation of section 711-1108.5, 711-1109, 711-1109.3, or 711‑1109.35, as applicable. If the court finds that probable cause exists, the court shall order immediate forfeiture of the pet animal or equine animal to the petitioner, unless the owner or custodian of the impounded pet animal or equine animal, when a petition is filed prior to the filing of the criminal charge, or the defendant, in the criminal action, within seventy-two hours of the hearing:
(a) Posts a security deposit or bond with the court clerk in an amount determined by the court to be sufficient to repay all reasonable costs incurred, and anticipated to be incurred, by the petitioner in caring for the pet animal or equine animal from the date of initial impoundment to the date of trial; or
(b) Demonstrates to the court that proper alternative care has been arranged for the pet animal or equine animal.
Notwithstanding subsection (3)(a), a court may waive, for good cause shown, the requirement that the owner or custodian of the impounded pet animal or equine animal, when a petition is filed prior to the filing of the criminal charge, or the defendant, in the criminal action, post a security deposit or bond.
(4) If a security deposit or bond has been posted in accordance with subsection (3)(a), the petitioner may draw from the security deposit or bond the actual reasonable costs incurred by the petitioner in caring for the pet animal or equine animal until the date of final disposition of the criminal action. If the trial is continued to a later date, any order of continuance shall require the owner or custodian of the impounded pet animal or equine animal, when a petition is filed prior to the filing of the criminal charge, or the defendant, in the criminal action, to post an additional security deposit or bond in an amount determined by the court that shall be sufficient to repay all additional reasonable costs anticipated to be incurred by the petitioner in caring for the pet animal or equine animal until the date of final disposition of the criminal action, and the petitioner may draw from the additional security deposit or bond as necessary.
(5) No pet animal or equine animal may be destroyed by a petitioner under this section prior to final disposition of a criminal charge under section 711-1108.5, 711-1109, 711-1109.3, or 711-1109.35, as applicable, against the pet animal's or equine animal's owner, except in the event that the pet animal or equine animal is a danger to itself or others, or so severely injured that there is no reasonable probability that its life can be saved.
(6) Forfeiture of a pet animal or equine animal under this section shall not be subject to the provisions of chapter 712A.
(7) In addition to any reasonable costs incurred under subsection (4) by the petitioner in the caring for the pet animal or equine animal, the court may award reasonable attorney's fees and court costs to the petitioner following the conviction of the defendant.
(8) As used in this section, "pet animal or equine animal" includes any offspring from the pet animal or equine animal that was pregnant at the time of the rescue and born during the impoundment of the pet animal or equine animal.
(9) An acquittal or dismissal in a criminal proceeding shall not preclude civil proceedings under this chapter.
[L 2006, c 239, pt of §1; am L 2007, c 114, §6; am L 2008, c 128, §§3, 7; am L 2009, c 11, §15 as superseded by c 160, §3; am L 2011, c 149, §§3, 6; am L 2012, c 25, §2; am L 2017, c 78, §2]
(1) A person commits the offense of cruelty to animals by fighting dogs in the first degree if the person:
(a) Knowingly:
(i) Causes, sponsors, arranges, or holds a dogfight for entertainment or financial gain; or
(ii) Owns, trains, transports, possesses, sells, transfers, or equips any dog with the intent that the dog shall be engaged in a dogfight; or
(b) Recklessly:
(i) Allows a dogfight to occur on any property owned or controlled by the person; or
(ii) Allows any dog intended to be used for a dogfight to be kept, trained on, or transported in, any property owned or controlled by the person.
(2) Nothing in this section shall prohibit any of the following:
(a) The use of dogs in the management of livestock by the owner of the livestock or the owner's employees or agents or other persons in lawful custody thereof;
(b) The use of dogs in hunting wildlife including game; or
(c) The training of dogs or the use of equipment in the training of dogs for any purpose not prohibited by law.
(3) As used in this section, "dogfight" means a dog or dogs pitted against another dog or dogs with the intent that the encounter will result in injury to one or more of the dogs.
(4) Violation of this section shall be a class B felony.
(5) If there is any conflict between this section and section 711-1109, or any other provision of law, this section shall apply.
[L 1983, c 129, §1; am L 1987, c 230, §5; am L 2011, c 149, §4]
[§711-1109.35] Cruelty to animals by fighting dogs in the second degree. (1) A person commits the offense of cruelty to animals by fighting dogs in the second degree if the person knowingly:
(a) Wagers on a dogfight;
(b) Attends or pays to attend a dogfight; or
(c) Possesses any device intended to enhance the dog's fighting ability with the intent that the device be used to train or prepare the dog for a dogfight.
(2) As used in this section:
"Bait dog" means a live animal used to train or prepare dogs for a dogfight.
"Device" means both animate and inanimate objects and includes live animals used as bait dogs.
"Dogfight" means a dog or dogs pitted against another dog or dogs with the intent that the encounter will result in injury to one or more of the dogs.
"Wager" means staking or risking something of value on the outcome of a dogfight.
(3) Cruelty to animals by fighting dogs in the second degree is a class C felony.
[L 2011, c 149, §1]
(1) A person commits the offense of cruelty to animals by trapping if the person intentionally, knowingly, or recklessly uses, sets, or maintains:
(a) A steel-jawed leg-hold trap; or
(b) A snare, conibear trap, or foot- or leg-hold trap in an area zoned as residential or any other area where such snare or trap is prohibited by law or rule; except under the situations described in subsection (2).
(2) Subsection (1)(b) shall not apply to employees of state or federal agencies, or persons acting as a designated cooperator or an agent of the State, who are carrying out activities required under a management plan approved by state or federal agencies, pursuant to a mandatory statutory duty for the protection of species listed as threatened or endangered species, or other wildlife species protected by law, or for the protection of public health, safety, or property.
(3) As used in this section:
"Conibear trap" means a contrivance consisting of metal or steel designed to kill by crushing the body or severing the spinal cord of any animal. "Conibear trap" shall not include snap traps used for rodent control.
"Foot- or leg-hold trap" means a contrivance consisting of metal or steel that is off-set, padded or laminated, and is designed to capture and hold any animal by a foot or limb.
"Snare" means a contrivance consisting of a noose, regardless of material, designed to capture, trap, or kill any animal or hold any animal by a foot, limb, or neck.
"Steel-jawed leg-hold trap" means a spring-powered contrivance that captures or holds the limb of an animal by exerting a lateral force with fix-mounted jaws.
(4) Cruelty to animals by trapping is a misdemeanor.
[L 2013, c 208, §3]
(1) A person commits the offense of causing injury or death to a service animal or law enforcement animal if:
(a) The person recklessly causes substantial bodily injury to or the death of any service animal or law enforcement animal while the service animal or law enforcement animal is in the discharge of its duties; or
(b) The person is the owner of a dog and recklessly permits that dog to attack a service animal or law enforcement animal while the service animal or law enforcement animal is in the discharge of its duties, resulting in the substantial bodily injury or death of the service animal or law enforcement animal.
(2) Subsection (1) shall not apply to:
(a) Accepted veterinary practices;
(b) Activities carried on for scientific research governed by standards of accepted educational or medicinal practices; or
(c) Cropping or docking as customarily practiced and permitted by law.
(3) Any person who commits the offense of causing injury or death to a service animal or law enforcement animal shall be guilty of a class C felony.
(4) In addition to any other penalties, any person who is convicted of a violation of this section shall be ordered to make restitution to:
(a) The owner of the service animal or law enforcement animal for any veterinary bills and out-of-pocket costs incurred as a result of the injury to the service animal or law enforcement animal; and
(b) The person, entity, or organization that incurs the cost of retraining or replacing the service animal or law enforcement animal for the cost of retraining or replacing the service animal or law enforcement animal if it is disabled or killed.
(5) As used in this section "service animal" shall have the same meaning as in section 347-2.5.
[L 2002, c 259, pt of §1; am L 2011, c 175, §9; am L 2013, c 205, §2; am L 2018, c 217, §9]
(1) A person commits the offense of intentional interference with the use of a service animal or law enforcement animal if the person, with no legal justification, intentionally or knowingly strikes, beats, kicks, cuts, stabs, shoots, or administers any type of harmful substance or poison to a service animal or law enforcement animal while the service animal or law enforcement animal is in the discharge of its duties.
(2) Subsection (1) shall not apply to:
(a) Accepted veterinary practices;
(b) Activities carried on for scientific research governed by standards or accepted educational or medicinal practices; or
(c) Cropping or docking as customarily practiced and permitted by law.
(3) Intentional interference with the use of a service animal or law enforcement animal is a misdemeanor.
(4) In addition to any other penalties, any person who is convicted of a violation of this section shall be ordered to make restitution to:
(a) The owner of the service animal or law enforcement animal for any veterinary bills and out-of-pocket costs incurred as a result of the injury to the service animal or law enforcement animal; and
(b) The person, entity, or organization that incurs the cost of retraining or replacing the service animal or law enforcement animal for the cost of retraining or replacing the service animal or law enforcement animal, if it is disabled or killed.
(5) Nothing in this section is intended to affect any civil remedies available for a violation of this section.
(6) As used in this section, "service animal" shall have the same meaning as in section 347-2.5.
[L 2002, c 259, pt of §1; am L 2011, c 175, §10; am L 2013, c 205, §3; am L 2018, c 217, §10]
§711-1109.6 REPEALED. L 2009, c 160, §3.
[§711-1109.7] Pet animal or equine animal desertion. (1) It shall be unlawful for the owner or any person in possession of any pet animal or equine animal to desert the pet animal or equine animal.
(2) Any person who violates subsection (1) shall be guilty of a petty misdemeanor and subject to a fine not exceeding $1,000 in addition to any other penalties.
(3) Any person who violates subsection (1) and recklessly causes the death of or substantial bodily injury to the pet animal or equine animal shall be guilty of a misdemeanor and subject to a fine not exceeding $2,000 in addition to any other penalties.
(4) Each pet animal or equine animal that is deserted in violation of subsection (1) or suffers death or substantial bodily injury as a result of a violation of subsection (1) shall constitute a separate offense.
(5) For the purposes of this section, "desert" means to leave without the intent to return.
[L 2016, c 165, §2]
(1) A person commits the offense of sexual assault of an animal if the person knowingly:
(a) Subjects an animal to sexual contact;
(b) Possesses, sells, transfers, purchases, or otherwise obtains an animal with the intent to subject the animal to sexual contact;
(c) Organizes, promotes, conducts, or participates as an observer in an act where an animal is subject to sexual contact;
(d) Causes, coerces, aids, or abets another person to subject an animal to sexual contact;
(e) Permits sexual contact with an animal to be conducted on any premises under the person's charge or control;
(f) Advertises, solicits, offers, or accepts the offer of an animal with the intent that it be subjected to sexual contact in the State; or
(g) Creates, distributes, publishes, or transmits, whether for commercial or recreational purposes, a pornographic image or material depicting a person subjecting an animal to sexual contact.
(2) This section shall not apply to the following practices:
(a) Veterinary medicine;
(b) Artificial insemination of animals for the purpose of procreation;
(c) Animal husbandry;
(d) Conformation judging; or
(e) Customary care of an animal by its owner.
(3) Unless otherwise provided by any other law:
(a) Sexual assault of an animal is a misdemeanor for the first offense and a class C felony for the second or subsequent offense; or
(b) If the offense subjected a minor to sexual contact with an animal or was committed in the presence of a minor as defined in section 706‑606.4, sexual assault of an animal is a class B felony.
(4) Each violation of this section shall constitute a separate offense.
(5) Upon conviction, guilty plea, or plea of nolo contendere for any violation of this section, in addition to any other penalty, the defendant shall be:
(a) Ordered to:
(i) Surrender or forfeit the animal whose sexual assault was the basis of the conviction or plea to the custody of the animal service contractor in the county in which the offense took place for the time and under the conditions ordered by the court;
(ii) Surrender or forfeit any other animals in the defendant's possession, custody, or control to the animal service contractor in the county in which the offense took place for the time and under the conditions ordered by the court; provided that there is substantial evidence that the animals are being abused in violation of this section;
(iii) Reimburse the animal service contractor in the county in which the offense took place for reasonable costs incurred to care for, feed, house, and medically treat any animal sexually assaulted under this section;
(iv) Attend an appropriate treatment program or obtain psychiatric or psychological counseling, at the defendant's expense; and
(v) Make restitution to the owner of the animal, including reimbursement for any expenses incurred for medical treatment or rehabilitation; provided that the defendant is not the owner of the animal whose sexual assault was the basis of the conviction or plea; and
(b) Prohibited from:
(i) Harboring, owning, possessing, or exercising control over any animal;
(ii) Residing in any household where animals are present; and
(iii) Engaging in any occupation, whether paid or unpaid, or participating in a volunteer position at any establishment at which animals are present, for the length of time that the court deems reasonable for the protection of all animals but no less than five years after the person's release from imprisonment or court supervision.
(6) Prosecution under this section does not preclude prosecution under any other law. Nothing in this section is intended to affect any civil remedies available for a violation of this section.
(7) As used in this section:
"Animal" includes every living or dead creature, except a human being.
"Pornographic" has the same meaning as defined in section 712-1210.
"Sexual contact" means:
(a) The intentional touching or penetration, however slight, of the sex organs, genitalia, mouth, or anus of an animal by a person or of a person by an animal; or
(b) The insertion of a person's body part or object into the sex organs, genitalia, mouth, or anus of an animal.
(8) Violations of this section shall be subject to the search, impound, and forfeiture provisions in sections 711‑1109.1 and 711-1109.2.
[L 2021, c 31, §2]
The agent of any society which is formed or incorporated for the prevention of cruelty to animals, upon being appointed thereto by the president of such society in any district in the State, may within such district make arrests and bring before any district judge thereof offenders found violating the provisions of section 711-1109 to be dealt with according to law.
[L 1972, c 9, pt of §1]
Upon conviction, guilty plea, or plea of nolo contendere for any violation of section 711-1108.5, 711-1109, 711-1109.3, or 711-1109.35:
(1) The court may order the defendant to surrender or forfeit the animal whose treatment was the basis of the conviction or plea to the custody of a duly incorporated humane society or duly incorporated society for the prevention of cruelty to animals for the time and under the conditions as the court shall order; and
(2) The court also may order the defendant to surrender or forfeit any other animals under the possession, custody, or control of the defendant to the custody of a duly incorporated humane society or duly incorporated society for the prevention of cruelty to animals for the time and under the conditions as the court shall order, if there is substantial evidence that the animals are being abused or neglected.
The court shall order the defendant to reimburse the duly incorporated humane society or duly incorporated society for the prevention of cruelty to animals for reasonable costs incurred to care, feed, and house any animal that is surrendered or forfeited pursuant to this section.
[L 1985, c 262, §1; am L 2006, c 238, §1; am L 2007, c 114, §7; am L 2008, c 128, §§4, 7; am L 2009, c 11, §15 as superseded by c 160, §3; am L 2011, c 149, §§5, 6]
(1) A person commits the offense of violation of privacy in the first degree if, except in the execution of a public duty or as authorized by law:
(a) The person intentionally or knowingly installs or uses, or both, in any private place, without consent of the person or persons entitled to privacy therein, any device for observing, recording, amplifying, or broadcasting another person in a stage of undress or sexual activity in that place;
(b) The person knowingly discloses or threatens to disclose an image or video of another identifiable person either in the nude, as defined in section 712‑1210, or engaging in sexual conduct, as defined in section 712-1210, without the consent of the depicted person, with intent to harm substantially the depicted person with respect to that person's health, safety, business, calling, career, education, financial condition, reputation, or personal relationships or as an act of revenge or retribution; or
(c) The person intentionally creates or discloses or threatens to disclose an image or video of a composite fictitious person depicted in the nude as defined in section 712-1210, or engaged in sexual conduct as defined in section 712-1210, that includes the recognizable physical characteristics of a known person so that the image or video appears to depict the known person and not a composite fictitious person, with intent to substantially harm the depicted person with respect to that person's health, safety, business, calling, career, education, financial condition, reputation, or personal relationships, or as an act of revenge or retribution.
(2) Other than as prohibited in paragraph (1)(c), this section shall not apply to images or videos of the depicted person made:
(a) When the person was voluntarily nude in public or voluntarily engaging in sexual conduct in public; or
(b) Pursuant to a voluntary commercial transaction.
(3) Nothing in this section shall be construed to impose liability on a provider of "electronic communication service" or "remote computing service" as those terms are defined in section 803-41, for an image or video disclosed through the electronic communication service or remote computing service by another person.
(4) Violation of privacy in the first degree is a class C felony. In addition to any penalties the court may impose, the court may order the destruction of any recording made in violation of this section.
(5) Any recording or image made or disclosed in violation of this section and not destroyed pursuant to subsection (4) shall be sealed and remain confidential.
[L 1999, c 278, §1; am L 2003, c 48, §3; am L 2004, c 83, §2; am L 2014, c 116, §1; am L 2018, c 114, §1; am L 2021, c 59, §2]
(1) A person commits the offense of violation of privacy in the second degree if, except in the execution of a public duty or as authorized by law, the person intentionally:
(a) Trespasses on property for the purpose of subjecting anyone to eavesdropping or other surveillance in a private place;
(b) Peers or peeps into a window or other opening of a dwelling or other structure adapted for sojourn or overnight accommodations for the purpose of spying on the occupant thereof or invading the privacy of another person with a lewd or unlawful purpose, under circumstances in which a reasonable person in the dwelling or other structure would not expect to be observed;
(c) Trespasses on property for the sexual gratification of the actor;
(d) Installs or uses, or both, in any private place, without consent of the person or persons entitled to privacy therein, any means or device for observing, recording, amplifying, or broadcasting sounds or events in that place other than another person in a stage of undress or sexual activity; provided that this paragraph shall not prohibit a person from making a video or audio recording or taking a photograph of a law enforcement officer while the officer is in the performance of the officer's duties in a public place or under circumstances in which the officer has no reasonable expectation of privacy and the person is not interfering with the officer's ability to maintain safety and control, secure crime scenes and accident sites, protect the integrity and confidentiality of investigations, and protect the public safety and order;
(e) Installs or uses outside a private place any device for hearing, recording, amplifying, or broadcasting sounds originating in that place which would not ordinarily be audible or comprehensible outside, without the consent of the person or persons entitled to privacy therein;
(f) Covertly records or broadcasts an image of another person's intimate area underneath clothing, by use of any device, and that image is taken while that person is in a public place and without that person's consent;
(g) Intercepts, without the consent of the sender or receiver, a message or photographic image by telephone, telegraph, letter, electronic transmission, or other means of communicating privately; but this paragraph does not apply to:
(i) Overhearing of messages through a regularly installed instrument on a telephone party line or an extension; or
(ii) Interception by the telephone company, electronic mail account provider, or telephone or electronic mail subscriber incident to enforcement of regulations limiting use of the facilities or incident to other operation and use;
(h) Divulges, without the consent of the sender or the receiver, the existence or contents of any message or photographic image by telephone, telegraph, letter, electronic transmission, or other means of communicating privately, if the accused knows that the message or photographic image was unlawfully intercepted or if the accused learned of the message or photographic image in the course of employment with an agency engaged in transmitting it; or
(i) Knowingly possesses materials created under circumstances prohibited in section 711-1110.9.
(2) This section shall not apply to any dissemination, distribution, or transfer of images subject to this section by an electronic communication service provider or remote storage service in the ordinary course of its business. For the purpose of this subsection:
"Electronic communication" means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system.
"Electronic communication service" means any service that provides to users thereof the ability to send or receive wire or electronic communications.
"Electronic communication service provider" means any person engaged in the offering or sale of electronic communication services to the public.
"Electronic communication system" means any wire, radio, electromagnetic, photo-optical, or photoelectronic facilities for the transmission of wire or electronic communications, and any computer facilities or related electronic equipment for the electronic storage of such communications, including e-mail, web hosting, multimedia messaging services, and remote storage services offered by an electronic communication service provider.
"Remote storage service" means the provision to the public of computer storage or processing services by means of an electronic communication system.
(3) For the purposes of this section:
"Intimate areas" means any portion of a person's underwear, pubic area, anus, buttocks, vulva, genitals, or female breast.
"Intimate areas underneath clothing" does not include intimate areas visible through a person's clothing or intimate areas exposed in public.
"Public place" means an area generally open to the public, regardless of whether it is privately owned, and includes but is not limited to streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, buses, tunnels, buildings, stores, and restaurants.
(4) Violation of privacy in the second degree is a misdemeanor. In addition to any penalties the court may impose, the court may order the destruction of any recording made in violation of this section.
[L 1972, c 9, pt of §1; gen ch 1993; am L 1999, c 278, §2; am L 2003, c 48, §4; am L 2004, c 83, §3; am L 2006, c 230, §48; am L 2012, c 59, §1; am L 2016, c 164, §2]
(1) A person commits the offense of interference with the operator of a public transit vehicle if the person interferes with or lessens the ability of the operator to operate the public transit vehicle by:
(a) Intentionally, knowingly, or recklessly causing bodily injury to the operator of the public transit vehicle; or
(b) Threatening, by word or conduct, to cause bodily injury to the operator of the public transit vehicle with the intent to terrorize, or in reckless disregard of the risk of terrorizing the operator of the public transit vehicle.
(2) For the purposes of this section, "public transit vehicle" means:
(a) Any public paratransit vehicle providing service to the disabled;
(b) Any transit vehicle used for the transportation of passengers in return for legally charged fees or fares, including any taxi; or
(c) Any transit vehicle owned or operated by a government entity, including any school bus.
(3) Interference with the operator of a public transit vehicle is a class C felony.
[L 1996, c 87, §3; am L 2023, c 191, §2]
(1) A person commits the offense of interference with the operation of a public transit vehicle if the person intentionally, knowingly, or recklessly causes:
(a) Damage of a public transit vehicle, resulting in the vehicle's removal from service; or
(b) The unreasonable interruption of a public transit system or service.
(2) As used in this section, "public transit vehicle" includes:
(a) Any public paratransit vehicle providing service to the disabled;
(b) Any transit vehicle used for the transportation of passengers in return for legally charged fees or fares, including any taxi; and
(c) Any transit vehicle owned or operated by a government entity, including any school bus.
(3) Interference with the operation of a public transit vehicle shall be a violation; provided that interference with the operation of a public transit vehicle that results in serious bodily injury to, or death of, any person, shall be a class C felony.
[L 2023, c 191, §1]
As used in this part:
"Aircraft" means any device, craft, vehicle, or contrivance that is invented, used, or designed to navigate, fly, or travel in the air, or that is used or intended to be used for flight in the air.
"Uncrewed aircraft" means any aircraft that is operated or designed to be operated without a person in or on the aircraft, or without the possibility of direct human intervention from within or on the aircraft.
[L 2024, c 161, pt of §1]
(1) A person commits the offense of misuse of uncrewed aircraft in the first degree if the person intentionally or knowingly:
(a) Equips or arms an uncrewed aircraft with a firearm, explosive, electric gun, or weapon of mass destruction;
(b) Possesses, receives, transfers, operates, or produces an uncrewed aircraft that is equipped or armed with a firearm, explosive, electric gun, or weapon of mass destruction;
(c) Discharges or deploys a firearm, explosive, electric gun, or weapon of mass destruction using an uncrewed aircraft;
(d) Operates an uncrewed aircraft and thereby intentionally, knowingly, or recklessly interferes with or disrupts the operation of any manned aircraft;
(e) Uses an uncrewed aircraft to transport and introduce, or to attempt to transport and introduce, contraband, drugs, or dangerous instruments into a prison; or
(f) Operates an uncrewed aircraft and thereby causes serious bodily injury to another person.
(2) Misuse of uncrewed aircraft in the first degree is a class A felony.
(3) Subsection (1)(a), (b), (c), (d), and (g) shall not apply to any police officer, deputy sheriff, adult corrections officer, correctional worker, or fire department personnel acting within the course and scope of their duties, or to any other person acting under the authority of, or pursuant to a contract with, the United States or a state or county government, or any department or agency of the United States or a state or county government.
(4) For purposes of this subsection:
"Contraband" has the same meaning as in section 710-1023.
"Dangerous instrument" has the same meaning as in section 707-700.
"Drug" has the same meaning as in section 710-1022.
"Electric gun" has the same meaning as in section 134-81.
"Explosive" means a device composed of a single ingredient, or mixture of ingredients, capable of instantaneously releasing a sufficient amount of energy to inflict substantial damage to persons or property, and includes fireworks as defined in section 132D-2.
"Firearm" has the same meaning as in section 134-1.
"Prison" includes jails, prisons, correctional centers, correctional facilities, and detention centers.
"Serious bodily injury" has the same meaning as in section 707-700.
"Weapon of mass destruction" means any weapon that is designed or intended to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals, or other precursors, and includes any weapon involving a biological agent, toxin, or vector and any weapon designed to release radiation or radioactivity at a level dangerous to human life.
[L 2024, c 161, pt of §1]
(1) A person commits the offense of misuse of uncrewed aircraft in the second degree if the person intentionally or knowingly:
(a) Disables any required identification transmission or signaling of an uncrewed aircraft;
(b) Disables or obscures any anti-collision lighting of an uncrewed aircraft or fails to have or illuminate the lighting as required by law or by the rules, regulations, and orders of the Federal Aviation Administration;
(c) Operates an uncrewed aircraft and thereby causes substantial bodily injury to another person; or
(d) Operates an uncrewed aircraft and thereby damages the property of another, without the other's consent, in an amount exceeding $20,000.
(2) Misuse of uncrewed aircraft in the second degree is a class B felony.
(3) This section shall not apply to any police officer, deputy sheriff, adult corrections officer, correctional worker, or fire department personnel acting within the course and scope of their duties, or to any other person acting under the authority of, or pursuant to a contract with, the United States or a state or county government, or any department or agency of the United States or a state or county government.
(4) For purposes of this subsection, "substantial bodily injury" has the same meaning as in section 707-700.
[L 2024, c 161, pt of §1]
(1) A person commits the offense of misuse of uncrewed aircraft in the third degree if the person intentionally, knowingly, or recklessly:
(a) Removes, obliterates, alters, or tampers with the identification or registration number of an uncrewed aircraft;
(b) Operates an uncrewed aircraft and thereby obstructs, impairs, or hinders the performance of a police officer, deputy sheriff, or fire department personnel acting under color of their official authority;
(c) Operates an uncrewed aircraft and thereby causes bodily injury to another person;
(d) Operates an uncrewed aircraft and thereby damages the property of another, without the other's consent, in an amount exceeding $750;
(e) Operates an uncrewed aircraft while under the influence of an intoxicant;
(f) Operates an uncrewed aircraft after the person's license, certificate, or privilege to operate an uncrewed aircraft has been revoked, suspended, or otherwise restricted by the issuing governmental authority; or
(g) Uses an uncrewed aircraft in furtherance of the commission of a felony.
(2) Misuse of uncrewed aircraft in the third degree is a class C felony.
(3) This section shall not apply to any police officer, deputy sheriff, adult corrections officer, correctional worker, or fire department personnel acting within the course and scope of their duties, or to any other person acting under the authority of, or pursuant to a contract with, the United States or a state or county government, or any department or agency of the United States or a state or county government.
(4) For purposes of this subsection:
"Bodily injury" has the same meaning as in section 707-700.
"Intoxicant" has the same meaning as in section 291E-1.
"Under the influence" has the same meaning as in section 291E-1; provided that the term "uncrewed aircraft" shall be substituted for the term "vehicle" as used therein.
[L 2024, c 161, pt of §1]
Notwithstanding section 711-1121(3), 711-1122(3), and 711-1123(3), uncrewed aircraft shall be directly operated by a human operator at all times.
[L 2024, c 161, pt of §1]
(1) A person commits the offense of trespass with an unmanned aircraft system if the person intentionally causes an unmanned aircraft system to:
(a) Cross the property line of another and come within fifty feet of a dwelling to coerce, intimidate, or harass another person or, after having been given actual notice to desist, for any other reason; or
(b) Take off or land in violation of current Federal Aviation Administration special security instructions or unmanned aircraft systems security sensitive airspace restrictions.
(2) This section shall not apply if:
(a) Consent was given to the entry by any person with legal authority to consent or by any person who is lawfully present on the property; or
(b) The person was authorized by federal regulations to operate an unmanned aircraft system and was operating the system in an otherwise lawful manner and consistent with federal regulations.
(3) Trespass with an unmanned aircraft system is a misdemeanor.
[L 2023, c 58, §2]
As used in this part, unless the context clearly indicates or requires a different meaning:
"Animal control authority" means a county agency that enforces animal control laws.
"Bite injury" means any contact between an animal's mouth and teeth and the skin of a bite victim that causes visible trauma, such as a puncture wound, laceration, or other piercing of the skin.
"Bodily injury" has the same meaning as defined in section 707-700.
"Dangerous dog" means any dog that, without provocation, causes a bite injury to a person or another animal. A dog's breed shall not be considered in determining whether it is dangerous.
"Escape-proof kennel" means a kennel:
(1) That allows a dog to stand normally and without restriction, is at least two and one-half times the length of the dog, and protects the dog from the elements;
(2) Having fencing or wall materials that have no openings or gaps that exceed two inches; and
(3) Having no gates, or gates that are lockable and designed to prevent the entry of children or the escape of the dog.
"Microchip" has the same meaning as defined in section 143-1.
"Negligently" has the same meaning as set forth in section 702-206(4).
"Officer" means any sheriff, deputy, and any member of a police force and animal control officers of the several counties of the State.
"Owner" means any person owning, harboring, or keeping a dog; provided that, if the owner is a minor under the age of eighteen years, the parents, guardian, or another person having the care, custody, or control of the minor shall be presumed to be the owner; provided further that the person whose current contact information is registered with a microchip registration company shall be presumed to be the owner of the dog.
"Provocation" means behavior that precipitates a bite injury caused by a dog under the following circumstances:
(1) The dog was protecting or defending its owner or a member of its owner's household from an attack or assault;
(2) The person bitten was committing a crime or offense while on the property of the owner of the dog;
(3) The person bitten was teasing, tormenting, abusing, or assaulting the dog or at any time in the past had teased, tormented, abused, or assaulted the dog;
(4) The dog was attacked or menaced by another animal, or the animal was on the property of the owner of the dog;
(5) The dog was responding to pain or injury inflicted by the person bitten or another animal;
(6) The dog was protecting itself, its kennel, or its offspring from the person bitten or an animal; or
(7) The person bitten or an animal was disturbing the dog's natural functions, such as sleeping or eating, while the dog was on its owner's property.
"Serious bodily injury" has the same meaning as defined in section 707-700.
"Serious injury to any animal" means physical injury to an animal involving a broken bone, concussion, laceration requiring multiple stitches, or tearing or rupture of an organ.
"Substantial bodily injury" has the same meaning as defined in section 707-700.
[L 2024, c 224, pt of §2]
(1) An officer may find and declare a dog to be a dangerous dog if the officer has probable cause to believe that the dog falls within the definition of "dangerous dog". The declaration shall be based upon:
(a) The written complaint of a person who is willing to testify that the dog has acted in a manner that causes it to fall within the definition of "dangerous dog";
(b) Actions of the dog witnessed by an officer; or
(c) Other substantial evidence admissible in court.
(2) The declaration in subsection (1) shall be in writing and shall be served by the officer upon the owner of the dangerous dog, if known, using one of the following methods:
(a) Certified mail to the owner's last known address; or
(b) Personally.
(3) The owner of a dog declared to be a dangerous dog may initiate a contested case with the declarant officer's department or agency within thirty days following the service date of the declaration.
[L 2024, c 224, pt of §2; am L 2025, c 21, §17]
(1) The owner of a dog declared to be a dangerous dog shall:
(a) Provide the owner's name, address, and telephone number to the animal control authority;
(b) Provide the location where the dangerous dog is currently kept, if the location is not the owner's address, to the animal control authority;
(c) Promptly notify the animal control authority of:
(i) Any changes in the ownership of the dangerous dog or the location of the dangerous dog, along with the names, addresses, and telephone numbers of the new owners or the new address where the dangerous dog is located;
(ii) Any further instances of an attack by the dangerous dog upon a person or an animal;
(iii) Any current or future claims made or legal actions brought as a result of an attack by the dangerous dog upon a person or an animal; or
(iv) The death of the dangerous dog;
(d) Have a microchip implanted in the dangerous dog, register the owner's microchip information pursuant to section 143-2.2, and provide the microchip identification number of the dangerous dog to the animal control authority;
(e) Ensure that the dangerous dog is under the control of a person who is at least eighteen years of age, when the dangerous dog is indoors at the owner's premises;
(f) Ensure that when the dangerous dog is outdoors on the owner's premises and unattended, the dangerous dog is confined to an escape-proof kennel that remains locked;
(g) Ensure that when the dangerous dog is outdoors on the owner's premises and attended, the dangerous dog is:
(i) Kept on a fixed and secure leash no longer than four feet in length;
(ii) Under the control of a person at least eighteen years of age; and
(iii) Kept within a fenced or walled area where it cannot escape;
(h) Ensure that when the dangerous dog is outdoors outside the owner's premises, the dangerous dog is:
(i) Kept on a fixed and secure leash no longer than four feet in length;
(ii) Under the control of a person who is at least eighteen years of age; and
(iii) Muzzled with a properly fitted, basket muzzle that prevents the dangerous dog from biting any person or animal but does not cause injury to the dangerous dog or interfere with its vision or respiration;
(i) Place on the owner's premises a sign or signs provided by the animal control authority informing the public of the presence and dangerousness of the dangerous dog; and
(j) Neuter or spay the dangerous dog at the owner's expense, unless neutering or spaying the dangerous dog is medically contraindicated.
(2) The owner of a dangerous dog who keeps the dangerous dog in a manner found to be in violation of this section commits the offense of negligent failure to control a dangerous dog and the dangerous dog shall be subject to seizure and impoundment pursuant to this part if the owner is unable to immediately secure the dangerous dog.
[L 2024, c 224, pt of §2; am L 2025, c 21, §18]
(1) The owner of a dangerous dog may apply to the animal control authority to have the declaration rescinded after three years if all of the following requirements have been met:
(a) The owner and dangerous dog have had no subsequent violations of this part;
(b) The owner has complied with all provisions of this part for a period of three years; and
(c) The owner provides proof to the animal control authority of the dangerous dog's successful completion of a behavior modification or management program administered by an animal trainer or behaviorist who is certified by a nationally recognized organization.
(2) If the animal control authority finds that the owner and dangerous dog have complied with all of the requirements of this section and the owner has provided sufficient evidence that the dog is no longer dangerous, the animal control authority shall rescind the declaration.
[L 2024, c 224, pt of §2; am L 2025, c 21, §19]
(1) The owner of a dangerous dog commits the offense of negligent failure to control a dangerous dog if:
(a) A bite injury occurs due to the failure of the owner of a dangerous dog to comply with the requirements of this part; or
(b) The owner of a dangerous dog negligently fails to take reasonable measures to prevent the dangerous dog from causing a bite injury, without provocation, to a person or another animal and the attack results in:
(i) The serious injury to any animal or maiming or death of another animal;
(ii) Bodily injury to a person other than the owner; or
(iii) Substantial bodily injury to, serious bodily injury to, or the death of, a person other than the owner.
(2) An offense under subsection (1)(a), (1)(b)(i), or (1)(b)(ii) shall be a misdemeanor for which the owner of the dangerous dog shall be sentenced to:
(a) A fine of no less than $1,000 but no more than $2,000;
(b) A term of imprisonment of up to six months or a period of probation of no more than one year;
(c) The payment of restitution to any person who has suffered bodily injury or property damage as a result of an attack by the dangerous dog if the person suffers financial losses or medical expenses due to the attack. As used in this paragraph, "medical expenses" may include the costs of necessary counseling or rehabilitative services; and
(d) The payment of all expenses for the boarding and retention of the dangerous dog if the dog is seized and impounded pursuant to this part;
provided that no sentence under this subsection shall be suspended.
(3) Unless the dangerous dog has been or is ordered to be euthanized, an owner who has negligently failed to control a dangerous dog shall also be required to:
(a) Meet all conditions imposed on the owner of a dangerous dog pursuant to this part;
(b) Obtain liability insurance or post bond of no less than $50,000, or in a higher amount, if the court finds that a higher amount is appropriate to cover medical or veterinary costs, or both, resulting from potential future actions of the dangerous dog; and
(c) Follow any other condition that the court deems necessary to restrain or control the dangerous dog.
(4) An offense under subsection (1)(b)(iii) shall be a class C felony for which the owner of a dangerous dog shall be sentenced to:
(a) A fine of no less than $1,000 but no more than $10,000;
(b) A term of imprisonment of no less than one year but no more than five years, pursuant to chapter 706; and
(c) The euthanasia of the dangerous dog;
provided that no sentence under this subsection shall be suspended.
[L 2024, c 224, pt of §2; am L 2025, c 21, §20]
(1) If there is probable cause to believe that the dangerous dog poses an imminent threat to a person or another animal, or if there is probable cause to believe that there is a violation of section 711-1142 or 711-1144, a law enforcement officer, after obtaining a search warrant, or in any other manner authorized by law, may enter the premises where the dangerous dog is located to seize and impound the dog. If, after reasonable effort, the owner or person having custody of the dangerous dog cannot be found and notified of the impoundment, an impoundment notice shall be conspicuously posted on the premises and, within seventy-two hours after posting, the notice shall be sent by certified mail to the address, if any, from which the dangerous dog was removed.
A law enforcement officer shall not be liable for any damage resulting from an entry under this subsection, unless the damage was caused by acts beyond the scope of the officer's authority or the officer's negligence, gross negligence, or intentional misconduct.
(2) The owner of a dangerous dog that has been impounded under this section may decline to surrender ownership of the dangerous dog to the animal control authority by paying to the animal control authority impoundment, care, and provision costs in an amount determined by the animal control authority to be sufficient to provide for the dangerous dog's care by the animal control authority for at least thirty days, including the day on which the animal was taken into custody.
(3) If the owner of a dangerous dog that has been impounded under this section cannot be located within five days after the dangerous dog is impounded, ownership of the dangerous dog shall be deemed relinquished.
(4) At the request of the dangerous dog's owner, impoundment under this section may occur at the premises of a licensed veterinarian or a commercial kennel of the dangerous dog owner's choosing; provided that:
(a) The owner shall secure the private boarding placement for the dangerous dog within five days after the dangerous dog has been impounded by the animal control authority; and
(b) All expenses for the dangerous dog's boarding and care shall be borne by the dangerous dog's owner.
(5) If the owner of the dangerous dog does not arrange for private boarding placement, the following requirements shall apply:
(a) The owner of the dangerous dog shall pay the animal control authority within five days after the dangerous dog is impounded; and
(b) At the end of the time for which expenses are covered by an initial or any subsequent impoundment, care, and provision payment:
(i) If the owner of the dangerous dog declines to surrender ownership of the dangerous dog to the animal control authority, the owner shall make an additional payment to the animal control authority at least five days before the expiration of the previous payment; or
(ii) If the owner of the dangerous dog has not made an additional payment in a timely manner to the animal control authority for impoundment, care, and provision costs for the dangerous dog, ownership of the dangerous dog shall be deemed relinquished.
(6) If the owner of a dangerous dog fails to pay impoundment, care, and provision costs for the dangerous dog pursuant to this section, the owner may forfeit the owner's right to contest those costs and any ownership rights to the dangerous dog.
(7) Any dangerous dog that is unclaimed by its owner, within five days after the owner has been notified that the dangerous dog is eligible for release from impoundment, shall be deemed abandoned, and ownership of the dangerous dog shall be deemed relinquished.
(8) If an animal control authority that is impounding a dangerous dog pursuant to this section determines that the dangerous dog is too dangerous for its staff to safely provide basic care, the dangerous dog may be euthanized by the animal control authority.
(9) If a licensed veterinarian determines that an impounded dangerous dog is:
(a) Experiencing extreme pain or suffering;
(b) Severely injured past recovery;
(c) Severely disabled past recovery; or
(d) Severely diseased past recovery,
the dangerous dog may be euthanized by the animal control authority.
(10) The owner of a dangerous dog shall not sell or transfer the ownership or physical custody of the dangerous dog before the time period stated in the court summons, and the citation shall notify the owner of this prohibition; provided that this prohibition shall not apply when the owner transfers ownership of the dangerous dog to an animal control authority.
(11) Any person who refuses to surrender a dangerous dog that is subject to relinquishment pursuant to this section shall be guilty of a petty misdemeanor.
If the owner of a dangerous dog that is seized and impounded pursuant to this section fails to appear in court as required, ownership of the dangerous dog shall be deemed relinquished, and the court may order disposition of the dangerous dog as it deems appropriate.
(12) Notwithstanding any relinquishment of ownership of the dangerous dog, the owner shall remain responsible for all expenses incurred in boarding, caring for, and providing for the dangerous dog and any fees and penalties that may be imposed by the court.
[L 2024, c 224, pt of §2; am L 2025, c 21, §21]
Upon the presentation of proper credentials, any officer may enter at reasonable times any building, structure, or premises in the State for the purpose of determining and enforcing compliance with this part or of any court order issued under this part; provided that the entry shall be made in a manner that causes the least possible inconvenience to the person in possession or occupying the building, structure, or premises; provided further that a court order authorizing the entry shall be obtained if entry is denied or resisted.
[L 2024, c 224, pt of §2]
This part shall not apply to dogs owned by any law enforcement agency and used in the performance of law enforcement work.
[L 2024, c 224, pt of §2]
Nothing in this part shall preclude any person injured by a dangerous dog from bringing a civil action against the owner of the dangerous dog pursuant to law.
[L 2024, c 224, pt of §2]
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