The Texas Attack on Assistance Animal law gives police the right to arrest you if they believe you or your animal attacked, injured, or killed an assistance animal.
FAQs about the
Attack on Assistance Animal law in Texas
- What is the current Texas law about Attack on Assistance Animal?
- How can I be charged with an Attack on Assistance Animal offense in Texas?
- What is the statute of limitation for Attack on Assistance Animal in Texas?
- What is the penalty for a Texas Attack on Assistance Animal offense?
- Can you get probation for Attack on Assistance Animal in Texas?
- What level of crime is Attack on Assistance Animal in Texas?
The Texas legislature created this offense in 2023 and codified it in Texas Penal Code Section 42.091.
Have you been charged with Attack on Assistance Animal? Book a consultation to discuss legal representation with attorneys Paul Saputo and Nicholas Toufexis today.
The law applies to any situation in which someon intentionally, knowingly, or recklessly attacked, injured, or killed an assistance animal or incited or permitted an animal to do the same.
The Penal Code classifies the Texas Attack on Assistance Animal law under Title 9 “Offenses Against Public Order and Decency,” Chapter 42 “Disorderly Conduct and Related Offenses.” Learn more about the Texas offense of Attack on Assistance Animal below.
What is the current Texas law about Attack on Assistance Animal?
The current Texas law defines the offense of Attack on Assistance Animal in Penal Code Section §42.091 as follows:[1]
(a) A person commits an offense if the person intentionally, knowingly, or recklessly attacks, injures, or kills an assistance animal.
(b) 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 “assistance animal” is defined in the law as a canine that is specially trained or equipped to help a person with a disability and that is used by a person with a disability.[2]
How can I be charged with an Attack on Assistance Animal offense in Texas?
You can be charged with Attack on Assistance Animal in Texas if the state’s attorneys believe that each of the elements of 42.091(a)(b) as described in the section above have been met.
What is the statute of limitation for Attack on Assistance Animal in Texas?
Misdemeanor level Attack on Assistance Animal charges have a two-year limitations period.[3] Felony level offenses have a three-year limitations period.[4]
What is the penalty for a Texas Attack on Assistance Animal offense?
The base level penalty classification for Attack on Assistance Animal is a Class A misdemeanor,[5] with a maximum possible fine of up to $4,000 and jail time of up to one year.
If the the attack injured an assistance animal, then a conviction for Attack on Assistance Animal in Texas is punished as a State Jail Felony,[6] with a maximum possible fine under Texas state law of up to $10,000 and jail time of up to two years.
If the attack killed an assistance animal, then a conviction for Attack on Assistance Animal in Texas is punished as a Felony of the Third Degree,[7] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 10 years.
Learn about the differences between grades of felonies and misdemeanors here.
Can you get probation for Attack on Assistance Animal in Texas?
The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Attack on Assistance Animal, and judges are also allowed to accept deferred adjudication plea deals.[8]
Note, however, that judges may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.[9]
What level of crime is Attack on Assistance Animal in Texas?
The classification for an Attack on Assistance Animal offense ranges from a Class A misdemeanor to a third degree felony, depending on the circumstances.
Learn more about the penalty range for this offense in the section above.
Legal References:
^1. Texas Penal Code §42.091. This law is current as of the 88th Legislature Regular Session.^2. Texas Penal Code Section 42.091(e)(1)
(1) “Assistance animal” has the meaning assigned by Section 121.002, Human Resources Code.
^3. Code of Criminal Procedure 12.02(a)^4. See Code of Criminal Procedure 12.01(9)^5. Texas Penal Code §42.091(c)(1)^6. Texas Penal Code §42.091(c)(2)^7. Texas Penal Code §42.091(c)(3)^8. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .^9. Art. 42A.054(b), Texas Code of Criminal Procedure
