209.202. Crime of causing substantial injury to or the death of a service dog, penalty--failure to control an animal that causes substantial injury to or the death of a service dog, penalty--harassmen - Missouri Statutes

Crime of causing substantial injury to or the death of a servicedog, penalty--failure to control an animal that causes substantialinjury to or the death of a service dog, penalty--harassmentof a service dog, penalty--damages.

209.202. 1. Any person who knowingly, intentionally, or recklesslycauses substantial physical injury to or the death of a service dog isguilty of a class A misdemeanor. The provisions of this subsection shallnot apply to the destruction of a service dog for humane purposes.

2. Any person who knowingly or intentionally fails to exercisesufficient control over an animal such person owns, keeps, harbors, orexercises control over to prevent the animal from causing the substantialphysical injury to or death of a service dog, or the subsequent inabilityto function as a service dog as a result of the animal's attacking,chasing, or harassing the service dog is guilty of a class A misdemeanor.

3. Any person who harasses or chases a dog known to such person to bea service dog is guilty of a class B misdemeanor.

4. Any person who owns, keeps, harbors, or exercises control over ananimal and who knowingly or intentionally fails to exercise sufficientcontrol over the animal to prevent such animal from chasing or harassing aservice dog while such dog is carrying out the dog's function as a servicedog, to the extent that the animal temporarily interferes with the servicedog's ability to carry out the dog's function is guilty of a class Bmisdemeanor.

5. An owner of a service dog or a person with a disability who uses aservice dog may file a cause of action to recover civil damages against anyperson who:

(1) Violates the provisions of subsection 1 or 2 of this section; or

(2) Steals a service dog resulting in the loss of the services of theservice dog.

6. Any civil damages awarded under subsection 5 of this section shallbe based on the following:

(1) The replacement value of an equally trained service dog, withoutany differentiation for the age or experience of the service dog;

(2) The cost and expenses incurred by the owner of a service dog orthe person with a disability who used the service dog, including:

(a) The cost of temporary replacement services, whether provided byanother service dog or by a person;

(b) The reasonable costs incurred in efforts to recover a stolenservice dog; and

(c) Court costs and attorney's fees incurred in bringing a civilaction under subsection 5 of this section.

7. An owner of a service dog or a person with a disability who uses aservice dog may file a cause of action to recover civil damages against aperson who:

(1) Violates the provisions of subsections 1 to 4 of this sectionresulting in injury from which the service dog recovers to an extent thatthe dog is able to function as a service dog for the person with adisability; or

(2) Steals a service dog and the service dog is recovered resultingin the service dog being able to function as a service dog for the personwith a disability.

8. Any civil damages awarded under subsection 7 of this section shallbe based on the following:

(1) Veterinary medical expenses;

(2) Retraining expenses;

(3) The cost of temporary replacement services, whether provided byanother service dog or by a person;

(4) Reasonable costs incurred in the recovery of the service dog; and

(5) Court costs and attorney's fees incurred in bringing the civilaction under subsection 7 of this section.

9. The provisions of this section shall not apply if a person with adisability, an owner, or a person having custody or supervision of aservice dog commits criminal or civil trespass.

10. Nothing in this section shall be construed to preclude any otherremedies available at law.

(L. 2005 H.B. 116)

Effective 7-12-05