Killing or injuring a dog, reasonable apprehension of imminent harm is an absolute defense
If someone kills or hurts a dog because they were scared the dog was about to hurt them or someone else, that fear can be a complete legal defense — meaning they cannot be found guilty or forced to pay money damages. If a person has complained to the sheriff or animal control at least twice that a dog came onto their property without a leash, and at least one complaint was because they feared for someone's safety or feared damage to livestock or property, then a third trespass by that dog is automatic evidence they had a reasonable fear. If the defense works, the court makes the other side pay the defendant's lawyer fees and court costs. This defense does not apply if the person was committing a crime at the time, and it does not cover any damage they caused to people or property other than the dog.
273.033. Killing or injuring a dog, reasonable of harm is an . — 1. In any for or a against any person for killing or injuring a dog, a showing by a that such person was in reasonable apprehension of imminent harmful contact by the dog or was acting to prevent such imminent harmful contact against another person by the dog shall constitute an absolute defense to criminal prosecution or for the killing or injuring of such animal.
2. If a person has, on at least two occasions, complained to the county sheriff or to the in his or her that a dog, not on a leash, has ed on property that such person owns, rents, or leases or on any property that constitutes such person's residence, and when at least one of the prior two s was motivated by reasonable apprehension for such person's safety or the safety of another person or apprehension of substantial damage to or property, then any subsequent trespass by such dog shall constitute that such person was in reasonable apprehension of imminent harmful contact. The county sheriff or animal control authority to which any complaint under this section is made shall notify the owner of the alleged trespassing dog of such complaint. Failure by a county sheriff or animal control authority to notify a dog owner under this shall not or be in any way to limit any other of this subsection.
3. The court shall , , and all reasonable expenses incurred by the in of any criminal prosecution or in any brought by a if the court finds that the defendant has an absolute defense as provided in subsection 1 of this section.
4. This section shall not be construed to provide an absolute defense to a person who is engaged in or attempting to engage in a criminal activity at the time of the apprehension of imminent harmful contact, or to a person for any damage or injury to any person or property other than the dog itself that may result from actions taken in an attempt to injure or kill such dog.
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Source & history notes
(L. 2009 H.B. 62)
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.