578.024. Subsequent dog bites, liability of owner, penalty--exceptions.

MISSOURI STATUTES AND CODES

578.024. Subsequent dog bites, liability of owner, penalty--exceptions.

Subsequent dog bites, liability of owner, penalty--exceptions.

578.024. 1. If a dog that has previously bitten a person or adomestic animal without provocation bites any person on a subsequentoccasion, the owner or possessor is guilty of a class B misdemeanor unlesssuch attack:

(1) Results in serious injury to any person, in which case, the owneror possessor is guilty of a class A misdemeanor; or

(2) Results in serious injury to any person and any previous attackalso resulted in serious injury to any person, in which case, the owner orpossessor is guilty of a class D felony; or

(3) Results in the death of any person, in which case, the owner orpossessor shall be guilty of a class C felony.

2. In addition to the penalty included in subsection 1 of thissection, if any dog that has previously bitten a person or a domesticanimal without provocation bites any person on a subsequent occasion or ifa dog that has not previously bitten a person attacks and causes seriousinjury to or the death of any human, the dog shall be seized immediately byan animal control authority or by the county sheriff. The dog shall beimpounded and held for ten business days after the owner or possessor isgiven written notification and thereafter destroyed.

3. The owner or possessor of the dog that has been impounded may filea written appeal to the circuit court to contest the impoundment anddestruction of such dog. The owner or possessor shall provide notice ofthe filing of the appeal to the animal control authority or county sheriffwho seized the dog. If the owner or possessor files such an appeal andprovides proper notice, the dog shall remain impounded and shall not bedestroyed while such appeal is pending and until the court issues an orderfor the destruction of the dog. The court shall hold a disposition hearingwithin thirty days of the filing of the appeal to determine whether suchdog shall be humanely destroyed. The court may order the owner orpossessor of the dog to pay the costs associated with the animal's keepingand care during the pending appeal.

4. Notwithstanding any provision of sections 273.033 and 273.036,RSMo, section 578.022 and this section to the contrary, if a dog attacks orbites a person who is engaged in or attempting to engage in a criminalactivity at the time of the attack, the owner or possessor is not guilty ofany crime specified under this section or section 273.036, RSMo, and is notcivilly liable under this section or section 273.036, RSMo, nor shall suchdog be destroyed as provided in subsection 2 of this section, nor shallsuch person engaged in or attempting to engage in a criminal activity atthe time of the attack be entitled to the defenses set forth in section273.033, RSMo. For purposes of this section "criminal activity" shall notinclude the act of trespass upon private property under section 569.150,RSMo, as long as the trespasser does not otherwise engage in, attempt toengage in, or have intent to engage in other criminal activity nor shall itinclude any trespass upon private property by a person under the age oftwelve under section 569.140, RSMo.