OWNING DOGS TRAINED TO ATTACK
PENAL CODE § 399.5
Penal Code § 399.5 makes it a crime to own dogs trained to attack.
To be convicted under Penal Code § 399.5, the prosecution must prove all of the following:
- The person owns or has custody or control of a dog,
- The dog was trained to fight, attack, or kill,
- The person knew that the dog had a vicious or dangerous nature,
- That person failed to exercise ordinary care,
- The dog bit a human being on two separate occasions or on one occasion causing substantial physical injury, AND
- The victim of the dog bite did not fail to take all the precautions that a reasonable person would ordinarily take in the same situation
POTENTIAL PUNISHMENTS FOIR PENAL CODE § 399.5
Penal Code § 399.5 is a wobbler. This means that it can be prosecuted as a misdemeanor or a felony. As a misdemeanor, it is punishable by imprisonment in a county jail not to exceed one year. A felony conviction is punishable by imprisonment for two, three, or four years, or by a fine not exceeding $10,000, or by both the fine and imprisonment.
DEFENSES TO PENAL CODE § 399.5
- You did not know the dog was dangerous
- You are not the dog’s owner
- The victim did not act reasonably (the victim provoked the dog)
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