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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Although we have posted about this subject before, I thought it would be a good time to remind everyone what Florida law says about shooting an attacking animal.
Bartlett v. Florida, 929 So. 2d 1125 (Fla. 4th Dist. 2006): Defendant shot and chased away an opossum from his garage. It appears that this on its own would not have garnered an animal cruelty charge. However, the Defendant pursued the animal away from his home, and riddled the creature’s body with BB pellets. The overkill seems to be what violated the statute, because it resulted in more pain and an “unnecessary” level of cruelty.
To decide if it is “necessary” to shoot an attacking dog or other animal we look to the affirmative defense of “necessity.” Necessity is a defense to a crime, including animal cruelty, and other laws regulating firearm use. In order for a person to be found justified in using force or deadly force against an animal attack, he or she must meet the following requirements:
Furthermore, a person cannot use the defense of necessity if he or she used force or deadly force against the animal, after the danger from the threatened harm had passed. In other words, a person who survives the animal attack cannot go seek revenge against the animal that attacked him or her.
Deciding whether it was necessary and your actions were reasonable will be on a case by case basis. If your actions were found not be necessary because you could have walked back inside your house you could face criminal charges and certainly civil law liability. Furthermore, if your actions were not reasonable because you could have used some other kind of force that was available to you to prevent the attack you may also find yourself facing criminal or civil liability.
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‘Can I shoot a dog in my yard in Florida?’ is a question that people ask on the Internet. There is a good defense for killing a dog in Florida. It is set out quite clearly in the 2017 Florida statutes, Chapter 767, Damage by Dogs; Dangerous Dogs.
At 767.03 – ‘Good defense for killing dog’ it states that (the words I will use are mine to suit the title to the article) if a cat owner defends her cat by shooting a dog which has entered her yard and is attacking and killing her cat, she can shoot the dog quite legally without any breach of the law or liability. Also, she would have no civil liability for damages from the dog owner. Note: for ‘cat’ you can substitute ‘livestock’ or ‘domestic animal’. There is no definition for ‘domestic animal’ therefor it is not confined to livestock so must include pets. Also where it takes place is irrelevant.
There is a recent case in an online newspaper from Grassy Key, Florida about a man who shot a neighbor’s Border Collie to death because the dog was killing his cat in his yard.
In fact two dogs attacked his cat in his yard. He tried to stop them and failed. He grabbed his gun from his car and shot one of the dogs three times. After shooting the dog twice he just carried on and continued to attack his cat. He then shot the dog in the head which killed him.
The second dog ran off. The dog’s owner turned up and so did the police. No arrests were made and the police won’t pursue any charges because in their assessment no criminal offense had been committed, so said the Asst District Attorney Jon Byrne.
Hi, Im a 74-year-old retired solicitor (attorney in the US). Before qualifying I worked in many jobs including professional photography. I love nature, cats and all animals. I am concerned about their welfare. If you want to read more click here.