Return to your topic: Criminal penalties for dog bites
Felony or misdemeanor for injury by dog trained to fight, attack or kill
A number of states make it a specific crime to possess a dog that is trained to fight, attack or kill. California Penal Code section 399.5 makes it a misdemeanor or felony (in the prosecutor's discretion) to merely own or have custody or control of such a dog, if four conditions are met:
- The dog was trained to fight, attack or kill.
- The owner or keeper knew of the dangerous nature of the dog.
- The dog bit one or more people on two separate occasions (causing any kind of injury), or on one occasion which caused substantial injuries.
- The attack(s) resulted from the owner's or keeper's failure to exercise ordinary care.
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