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txmatt wrote:So 822.013 of the Health Code says that you may kill a dog that has or is about to attack a domestic animal, but PC 42.092 makes it a state jail felony to kill a dog except under very limited circumstances which do not include protection of domestic animals. So which is it?

Does the fact that the act is specificly allowed by another section of code trump the general prohibition of it in the penal code? I imagine a DA so inclined could make one's life difficult should that ever come up.

In the case of defense against a dog that was about to attack a domestic animal, they could potentially argue that 42.092 does not allow you to defend unless they HAVE attacked, but you would have to state 822.013 as your defense.

This is just another one of those cases where the statutes conflict and you need a good lawyer to be a better actor in your behalf and win over the judge or jury. Or better yet convince the prosecutor not to follow through with charges.

drw wrote:

Code: Select all

	§ 822.013.  DOGS OR COYOTES THAT ATTACK ANIMALS.  (a)  A 
dog or coyote that is attacking, is about to attack, or has recently 
attacked livestock, domestic animals, or fowls may be killed by:
		(1)  any person witnessing the attack;  or                                    
		(2)  the attacked animal's owner or a person acting on 
behalf of the owner if the owner or person has knowledge of the 
attack.
	(b)  A person who kills a dog or coyote as provided by this 
section is [b]not liable[/b] for damages to the owner, keeper, or person in 
control of the dog or coyote.
	(c)  A person who discovers on the person's property a dog or 
coyote known or suspected of having killed livestock, domestic 
animals, or fowls may detain or impound the dog or coyote and return 
it to its owner or deliver the dog or coyote to the local animal 
control authority.  The owner of the dog or coyote is liable for all 
costs incurred in the capture and care of the dog or coyote and all 
damage done by the dog or coyote.
	(d)  The owner, keeper, or person in control of a dog or 
coyote that is known to have attacked livestock, domestic animals, 
or fowls shall control the dog or coyote in a manner approved by the 
local animal control authority.
	(e)  A person is not required to acquire a hunting license 
under Section 42.002, Parks and Wildlife Code, to kill a dog or 
coyote under this section.

As stated in the statute 'is attacking', 'is about to attack' or 'has recently attacked'. Your earlier statement was you would shoot a pit bull or chow that came onto your property, no other reasoning.

Until such time as that dog is about to attack or is attacking YOUR animal, you know they previously attacked YOUR animal, or you are acting on behalf of another animals owner, you can't shoot it without potentially facing felony charges. No mater what you will have to prove to the animals owner and the law enforcement that there was justifiable reason to shoot it.

drw wrote:Stories like http://www.baltimoresun.com/news/local/ ... 3330.story make me so angry. They are always so predictable, with the owner of the wild animal declaring their shock that this animal attacked, especially since "he never growled or ever showed signs of aggression." It's always the exact same story. There should be consequences to owners of hateful animals.

If a pit bull or chow ever shows up on my property, I promise you I will kill it immediately without asking questions.

I have seen pit bulls or chows that are NOT aggressive. Our neighbor has one that is the sweetest dog and has the best disposition you could ever ask for. Just because a dog has a stigma of being vicious, does not mean they are. If they are not being aggressive and coming to attack, you are really opening yourself up for a lawsuit IMO. I used to have a Great Dane. While he was capable of killing you, unless he was provoked or protecting his own property/owner, he would just want your attention and want to be petted.

It reminds me of the story of the lady who had taken her husbands boat out on the lake to sit in the sun and read a book. The Game Warden came up and asked for her fishing license. She stated she didn't have one. He said, 'Well, have all the right equipment, so I am going to right you a ticket for fishing without a license.' The lady responded, 'In that case I am going to have you charged with sexual assault.' The Game Warden says, 'But I never touched you!' The lady responds, 'No, but you have all the right equipment.' The Game Warden left.

While I might go into condition orange if a strange dog came on property, I would not go to red immediately unless there was provocation.