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Texas Penal Code - Section 38.151. Interference With Police Service Animals

Legal Research Home > Texas Laws > Penal Code > Texas Penal Code - Section 38.151. Interference With Police Service Animals

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

Added by Acts 2001, 77th Leg., ch. 979, § 1, eff. Sept. 1, 2001.           

Last modified: August 11, 2007