§711-1144 Negligent failure to control a dangerous dog; penalties.

481 words·~2 min read·/hi/chapter-711/711-1144

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)The owner of a dangerous dog commits the offense of negligent failure to control a dangerous dog if:

(a)A bite injury occurs due to the failure of the owner of a dangerous dog to comply with the requirements of this part; or

(b)The owner of a dangerous dog negligently fails to take reasonable measures to prevent the dangerous dog from causing a bite injury, without provocation, to a person or another animal and the attack results in:

(i)The serious injury to any animal or maiming or death of another animal;

(ii)Bodily injury to a person other than the owner; or

(iii)Substantial bodily injury to, serious bodily injury to, or the death of, a person other than the owner.

(2)An offense under subsection (1)(a), (1)(b)(i), or (1)(b)(ii) shall be a misdemeanor for which the owner of the dangerous dog shall be sentenced to:

(a)A fine of no less than $1,000 but no more than $2,000;

(b)A term of imprisonment of up to six months or a period of probation of no more than one year;

(c)The payment of restitution to any person who has suffered bodily injury or property damage as a result of an attack by the dangerous dog if the person suffers financial losses or medical expenses due to the attack. As used in this paragraph, "medical expenses" may include the costs of necessary counseling or rehabilitative services; and

(d)The payment of all expenses for the boarding and retention of the dangerous dog if the dog is seized and impounded pursuant to this part;

provided that no sentence under this subsection shall be suspended.

(3)Unless the dangerous dog has been or is ordered to be euthanized, an owner who has negligently failed to control a dangerous dog shall also be required to:

(a)Meet all conditions imposed on the owner of a dangerous dog pursuant to this part;

(b)Obtain liability insurance or post bond of no less than $50,000, or in a higher amount, if the court finds that a higher amount is appropriate to cover medical or veterinary costs, or both, resulting from potential future actions of the dangerous dog; and

(c)Follow any other condition that the court deems necessary to restrain or control the dangerous dog.

(4)An offense under subsection (1)(b)(iii) shall be a class C felony for which the owner of a dangerous dog shall be sentenced to:

(a)A fine of no less than $1,000 but no more than $10,000;

(b)A term of imprisonment of no less than one year but no more than five years, pursuant to chapter 706; and

(c)The euthanasia of the dangerous dog;

provided that no sentence under this subsection shall be suspended. [L 2024, c 224, pt of §2; am L 2025, c 21, §20]