There are legal justifications for killing someone else’s dog in some situations—especially when it’s necessary to protect people or property.By
Dogs, cats, and other animals are treated like property under the law. That usually means that people who kill someone elses dog may have to compensate the owner, just as if they destroyed another kind of property that wasnt theirs. They could also face criminal charges, including animal cruelty or criminal property damage. But there are exceptions—certain circumstances when people have the legal right to kill a dog. Some of these exceptions are written into state and local laws, while courts have recognized others.
Most animal cruelty laws make it a crime to kill or injure animals “unnecessarily” or “without justification.” The most obvious justification is self-defense or defending another person from harm. That doesnt necessarily mean, however, that you can shoot a dog just because its growling or barking at you or it has bitten someone in the past. The general rule most courts follow: You must believe its necessary to kill or injure the animal in order to prevent an immediate threat of serious injury—and that belief must be reasonable. (See, for example, Grizzle v. State, 707 P.2d 1210 (Okla. Crim. App. 1985).) Some states, like Georgia, have explicitly included this rule in their laws (Ga. Code Ann. § 16-12-40).
Are you allowed to kill a dog if its not in the midst of attacking a person? That depends on the circumstances, as well as the language in any applicable state laws. For example:
Many states also have laws that make it legal for farmers or others to kill dogs that are chasing, harassing, or injuring their livestock or domestic animals—which may or may not include pets. (For more details, see “When Dogs Hurt or Chase Livestock.”)
Killing Dogs Based on Past Behavior
People generally arent allowed to kill someone elses dog in retaliation for past attacks, unless theres an exception in the law. For instance, a California statute says that people have the right to kill any animals “known as dangerous to life, limb, or property” (Cal. Penal Code § 599c).
Its a different story when it comes to government authorities. Officials often have the right to kill dogs based on what theyve done in the past, as long as they follow legal procedures—including giving the owners notice and the opportunity to challenge the governments proposed action. Local animal control officers usually have the authority to pick up, impound, and even destroy dogs that are a threat because of past behavior. And under the “dangerous-dog laws” in many states, authorities may—under certain circumstances—euthanize dogs that have been declared dangerous or vicious.
Courts have generally found that landowners dont have the right to kill dogs just because theyre trespassing. Here again, there may be exceptions. For example, an Ohio statute says that its not illegal for landowners to kill or injure animals while trying to keep them from trespassing or while driving them away from the property. However, the landowners must pay compensation to the animals owners, minus the amount of any damage that the trespassing dogs caused. (Ohio Rev. Code Ann. § 959.04.)
Animal cruelty laws often specifically outlaw poisoning dogs on purpose, including putting out poison where you know a dog is likely to get into it. Most states dont make an exception for trespassing dogs, but many do exempt poisoning thats not malicious. (See, for example, N.Y. Agric. & Mkts. Law § 360; 510 Ill. Comp. Stat. Ann. § 70/6; Va. Ann. Code § 18.2-144.) Some states, such as California, specifically allow putting out poison on your own property to control predatory dogs or other animals, as long as youve placed conspicuous signs warning about the poison (Cal. Penal Code § 596).
If youve killed or injured someone elses dog—or another person has hurt your pet—you might want to consult with a lawyer. An attorney specialized in animal law or personal injury law should be able to explain how local law and recent court decisions apply to your situation, as well as your legal options. And if youre facing criminal charges for killing a dog, youd be wise to contact a criminal defense attorney as soon as possible, in order to protect your rights.
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Tip Always Keep Your Dogs on Leash & Attended
In some places, there are strict dog control ordinances requiring that dogs within the city shall be on leash or under control. So it can be against the bylaws that you let your dogs run free to poop in your neighbor’s yard.
To prevent your dogs from defecating randomly, it is best to keep them leashed on a walk and also confine them indoors or within certain areas when you are not at home.
Sheriff’s deputy accused of shooting, killing neighbor’s dog
I saw the dog attack my dog and then run off when I yelled, so there is no question about what dog attacked my dog. The attacking dog belongs to my neighbor.
A: There is no straightforward answer to this question. Shooting a dog is generally considered animal cruelty. If you are being attacked by the dog or the dog is attacking another person, you may be justified in shooting the dog. It is a defense to a criminal charge of animal cruelty to shoot the dog if the dog is attacking or destroying your property. If the dog is merely trespassing, you are most likely not justified in shooting it and could face felony animal cruelty charges. Here is the section of the Indiana Code that may help you. IC 35-46-3-12 Torture or mutilation of a vertebrate animal; killing a domestic animal Sec. 12. (a) This section does not apply to a person who euthanizes an injured, a sick, a homeless, or an unwanted domestic animal if: (1) the person is employed by a humane society, an animal control agency, or a governmental entity operating an animal shelter or other animal impounding facility; and (2) the person euthanizes the domestic animal in accordance with guidelines adopted by the humane society, animal control agency, or governmental entity operating the animal shelter or other animal impounding facility. (b) A person who knowingly or intentionally beats a vertebrate animal commits cruelty to an animal, a Class A misdemeanor. However, the offense is a Level 6 felony if: (1) the person has a previous, unrelated conviction under this section; or (2) the person committed the offense with the intent to threaten, intimidate, coerce, harass, or terrorize a family or household member. (c) A person who knowingly or intentionally tortures or mutilates a vertebrate animal commits torturing or mutilating a vertebrate animal, a Level 6 felony. (d) As used in this subsection, “domestic animal” means an animal that is not wild. The term is limited to: (1) cattle, calves, horses, mules, swine, sheep, goats, dogs, cats, poultry, ostriches, rhea, and emus; and (2) an animal of the bovine, equine, ovine, caprine, porcine, canine, feline, camelid, cervidae, or bison species. A person who knowingly or intentionally kills a domestic animal without the consent of the owner of the domestic animal commits killing a domestic animal, a Level 6 felony. (e) It is a defense to a prosecution under this section that the accused person: (1) reasonably believes the conduct was necessary to: (A) prevent injury to the accused person or another person; (B) protect the property of the accused person from destruction or substantial damage; or (C) prevent a seriously injured vertebrate animal from prolonged suffering; or (2) engaged in a reasonable and recognized act of training, handling, or disciplining the vertebrate animal. (f) When a court imposes a sentence or enters a dispositional decree under this section, the court: (1) shall consider requiring: (A) a person convicted of an offense under this section; or (B) a child adjudicated a delinquent child for committing an act that would be a crime under this section if committed by an adult; to receive psychological, behavioral, or other counseling as a part of the sentence or dispositional decree; and (2) may order an individual described in subdivision (1) to receive psychological, behavioral, or other counseling as a part of the sentence or dispositional decree. You should report the incident of your neighbors dog attacking your dog to the police, if nothing else. Please consult with a local animal attorney in your area. Any information given here should be considered general information and not legal advice.
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