21-6416. Harming or killing certain dogs or horses that aid fire, law enforcement, rescue or assistance services.

668 words·~3 min read·/ks/chapter-21/21-6416

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

(a)Inflicting harm, disability or death to a police dog, arson dog, assistance dog, game warden dog, search and rescue dog or police horse is knowingly, and without lawful cause or justification, poisoning or inflicting great bodily harm, permanent disability or death upon a police dog, arson dog, assistance dog, game warden dog, search and rescue dog or police horse.

(1)Except as provided in paragraphs

(2)and (3), violation of subsection

(a)is a nonperson felony. A person convicted of a violation of subsection

(a)shall be sentenced to not less than 30 days nor more than one year's imprisonment and be fined not less than $500 nor more than $5,000. The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served a minimum mandatory sentence of 30 days.

(2)Except as provided in paragraph (3), violation of subsection

(a)that results in disability or death to a police dog, arson dog, game warden dog, search and rescue dog or police horse is a severity level 4, nonperson felony.

(3)Violation of subsection

(a)that results in disability or death to a police dog, arson dog, game warden dog, search and rescue dog or police horse during the commission of fleeing or attempting to elude a police officer as described in K.S.A. 8-1568 , and amendments thereto, interference with law enforcement as described in K.S.A. 21-5904 , and amendments thereto, or escape from custody or aggravated escape from custody as described in K.S.A. 21-5911 , and amendments thereto, is a severity level 3, nonperson felony.

(4)The following conditions shall apply to a sentence imposed pursuant to paragraph

(2)or (3):

(A)As a condition of any probation granted, the person shall serve at least 90 days of imprisonment;

(B)the person shall be required to pay a fine of at least $10,000; and

(C)the person shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served the mandatory sentence of 90 days.

(5)During the mandatory period of imprisonment provided for in this subsection, the offender shall have a psychological evaluation prepared to assist the court in determining conditions of probation. Such conditions shall include, but not be limited to, the completion of an anger management program.

(c)As used in this section:

(1)"Arson dog" means any dog that is owned, or the service of which is employed, by the state fire marshal or a fire department for the principal purpose of aiding in the detection of liquid accelerants in the investigation of fires;

(2)"assistance dog" means the same as defined in K.S.A. 39-1113 , and amendments thereto;

(3)"fire department" means a public fire department under the control of the governing body of a city, township, county, fire district or benefit district or a private fire department operated by a nonprofit corporation providing fire protection services for a city, township, county, fire district or benefit district under contract with the governing body of the city, township, county or district;

(4)"game warden dog" means any dog that is owned, or the service of which is employed, by the Kansas department of wildlife and parks for the purpose of aiding in detection of criminal activity, enforcement of laws, apprehension of offenders or location of persons or wildlife;

(5)"police dog" means any dog that is owned, or the service of which is employed, by a law enforcement agency;

(6)"police horse" means any horse that is owned* or the service of which is employed* by a law enforcement agency; and

(7)"search and rescue dog" means any dog that is owned* or the service of which is employed, by a law enforcement or emergency response agency for the purpose of aiding in the location of persons missing in disasters or other times of need.