Law Office of Kimberly N. Shanklin, PLLC.
Serving Denton County Since 2002
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Attack on Assistance Animal

Attack on Assistance Animal

Chapter 42 of the Texas Penal Code defines disorderly conduct and other related charges.

“Attack on Assistance Animal”, as per § 42.091 of the Texas Penal Code, occurs when a person intentionally, knowingly, or recklessly attacks, injures, or kills an assistance animal.

A person commits an offense if the person intentionally, knowingly, or recklessly incites or permits an animal owned by or otherwise in the custody of the actor to attack, injure, or kill an assistance animal and, as a result of the person's conduct, the assistance animal is attacked, injured, or killed.

An offense under this section is a:

  • Class A misdemeanor if the actor or an animal owned by or otherwise in the custody of the actor attacks an assistance animal;

  • state jail felony if the actor or an animal owned by or otherwise in the custody of the actor injures an assistance animal; or

  • felony of the third degree if the actor or an animal owned by or otherwise in the custody of the actor kills an assistance animal.

Severity of Crime

Misdemeanor A

  • Confinement in jail for a term not to exceed one year

  • Fine not to exceed $4,000

  • Both such fine and confinement

State Jail Felony

  • Confinement in a state jail for not more than two years and not less than 180 days

  • In addition to confinement, may receive a fine not to exceed $10,000

Third Degree Felony

  • Imprisonment in the institutional division for not more than 10 years or less than two years

  • In addition to imprisonment, may receive a fine not to exceed $10,000