Interference with Police Service Animals: Texas Penal Code §38.151

The Texas Interference with Police Service Animals law makes it illegal to taunt, throw an object at, injure, or kill a police service animal.

You can also be arrested if you let a police service animal out of its controlled area or enter without permission a controlled area where a police service animal is being held and feed it.

The Texas legislature codified this criminal offense in Texas Penal Code Section 38.151. The legislature did not update this law in 2023. In fact, this law has not been amended since 2007.

The Penal Code codifies the Texas Interference with Police Service Animals law under Title 8 “Offenses Against Public Administration,” Chapter 38 “Obstructing Governmental Operation.” Learn more about the Texas offense of Interference with Police Service Animals below.

What is the current Texas law about Interference with Police Service Animals?

The current Texas law defines the offense of Interference with Police Service Animals in Penal Code Section §38.151 as follows:^[1]

(b) A person commits an offense if the person recklessly:

(1) taunts, torments, or strikes a police service animal;

(2) throws an object or substance at a police service animal;

(3) interferes with or obstructs a police service animal or interferes with or obstructs the handler or rider of a police service animal in a manner that:

(A) inhibits or restricts the handler’s or rider’s control of the animal; or

(B) deprives the handler or rider of control of the animal;

(4) releases a police service animal from its area of control;

(5) enters the area of control of a police service animal without the effective consent of the handler or rider, including placing food or any other object or substance into that area;

(6) injures or kills a police service animal; or

(7) engages in conduct likely to injure or kill a police service animal, including administering or setting a poison, trap, or any other object or substance.

How can I be charged with an Interference with Police Service Animals offense in Texas?

You can be charged with Interference with Police Service Animals in Texas if the state’s attorneys believe that each you violated any of Subsections (1)-(10) of Section 38.151(b) as described in the section above have been met.

What is the statute of limitation for Interference with Police Service Animals in Texas?

Misdemeanor level Interference with Police Service Animals charges have a two-year limitations period.^[2] Felony level offenses have a three-year limitations period.^[3]

What is the penalty for a Texas Interference with Police Service Animals offense?

If you commit the offense under Subsection (b)(1) then a conviction for Interference with Police Service Animals in Texas is punished as a Class C misdemeanor,^[4] with a maximum possible fine under Texas state law of up to $500.

If you commit the offense under Subsection (b)(2) then a conviction for Interference with Police Service Animals in Texas is punished as a Class B misdemeanor,^[5] with a maximum possible fine under Texas state law of up to $2,000 and jail time of up to 180 days.

If you commit the offense under Subsection (b)(3), (4), or (5) then a conviction for Interference with Police Service Animals in Texas is punished as a Class A misdemeanor,^[6] with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to one year.

“Except as provided by Subdivision (5), a state jail felony if the person commits an offense under Subsection (b)(6) or (7) by injuring a police service animal or by engaging in conduct likely to injure the animal” then a conviction for Interference with Police Service Animals is punished a State Jail Felony,^[7] with a maximum possible fine under Texas state law of up to $10,000 and jail time of up to 2 years.

If you commit the offense under Subsection (b)(6), or (7) by killing or trying to injure the service animal then a conviction for Interference with Police Service Animals in Texas is punished as a Felony of the Second Degree,^[8] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 20 years. Learn about the differences between grades of felonies and misdemeanors here.

Can you get probation for Interference with Police Service Animals in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Interference with Police Service Animals, and judges are also allowed to accept deferred adjudication plea deals.^[9]

Note, however, that no matter the offense, neither judges nor juries may recommend community supervision for any suspended sentence of over 10 years.^[10] Also, 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.^[11]

What level of crime is Interference with Police Service Animals in Texas?

The penalty classification for Interference with Police Service Animals ranges from a Class C Misdemeanor to a second degree felony, depending on the circumstances.

Learn more about the penalty range for this offense in the section above.

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Legal References:

^1. Texas Penal Code §38.151. This law is current as of the 88th Legislature Regular Session.^2. Code of Criminal Procedure 12.02(a)^3. See Code of Criminal Procedure 12.01(9)^4. Texas Penal Code §38.151(c)(1)^5. Texas Penal Code §38.151(c)(2)^6. Texas Penal Code §38.151(c)(3)^7. Texas Penal Code §38.151(c)(4)^8. Texas Penal Code §38.151(c)(5)^9. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .^10. Art. 42A.053(c), Texas Code of Criminal Procedure^11. Art. 42A.054(b), Texas Code of Criminal Procedure