Texas Attack on Assistance Animal Law – Penal Code 42.091

In general, animal cruelty is the inhumane treatment of an animal, whether a pet or livestock. Animal abuse is the deliberate physical neglect or harming of an animal.

In Texas, attacking a service animal is a distinct criminal offense. If an individual has any questions on the differences between these issues, they should consult with a local Texas lawyer.

What Is Abandoning an Animal?

When the owner or caretaker of an animal neglects that animal, the animal is considered to have been abandoned. This term is often used interchangeably with animal neglect.

Animal neglect may occur when the animal is not provided the necessities for survival, including food, water, and shelter. In Texas, good shelter includes:

• Having enough room to move around;
• Having access to food and water;
• Being generally clean; and
• Having some type of protection from severe weather.

What Constitutes an Assault on a Service Animal in Texas?

Pursuant to the Texas Penal Code 42.091, it is illegal to attack a service animal if an individual does so intentionally or carelessly, and:

• Damages the service animal;
• Assaults the service animal;
• Euthanizes the service animal.

What Is the Definition of a Service Animal?

Pursuant to federal law, 75 FR 56266, a service animal is “any dog that has been specifically taught to carry out duties or complete tasks for the benefit of a person who is disabled, whether they have a physical, sensory, psychiatric, intellectual, or other mental impairment.”

Under this definition, other species of animals, whether they are wild or domestic, trained or untrained, are not considered to be service animals. The job or tasks of a service animal have to be specifically tied to the impairment of its handler.

Examples of service animal tasks or work may include, but are not limited to:

• Helping individuals who are blind or who have low vision with navigation and other tasks;
• Alerting individuals who are deaf or hard of hearing to the presence of other individuals or sounds;
• Providing non-violent protection or rescue work;
• Pulling a wheelchair;
• Helping an individual who is having a seizure;
• Warning an individual about the presence of allergens;
• Retrieving items, for example, medications or a phone;
• Offering physical support.

Under this definition, there are certain things that do not count as work or chores. This includes the impact of an animal’s presence on deterring crime and the provision of emotional support, well-being, comfort, or companionship.

How Can I Be Convicted in Texas of Attacking a Service Animal?

In order to convict an individual of attacking a service animal in Texas, the prosecution must show the defendant did one of the following:

• Recklessly, knowingly, or intentionally permitted or incited their animal to kill, injure, or attack an assistance animal;
• Recklessly, knowingly, or intentionally incited or permitted an animal under their control to attack, injure, or kill an assistance animal; or
• Carelessly, deliberately, or knowingly attacked, hurt, or murdered an assistance animal.

Is It a Felony or Misdemeanor in Texas to Attack a Service Animal?

Depending on the circumstances of the case, attacking an assistance animal in Texas may result in a misdemeanor or a felony prosecution.

When Is This Offense a Misdemeanor?

If an individual owned or was in control of an animal that attacked a service animal, it is categorized as a Class A misdemeanor. The punishments for a Class A misdemeanor may include:

• No more than one year in prison;
• $4,000 criminal fine;
• A combination of both.

When Is This Crime a Felony?

There are two conditions under which attacking an assistance animal is classified as a felony. Ownership or management of an animal that harmed a service animal is a state jail felony.

This offense carries the following penalties:

• Two years to 180 days in state prison;
• $10,000 criminal fine;
• A combination of both.

If that service animal perishes, it is categorized as a third-degree felony that is punishable by:

• Ten years in prison;
• $10,000 criminal fine;
• A combination of both.

Will I Also Be Required to Pay Restitution?

Yes, if a defendant is found guilty, they will be required to pay the owner of the service animal restitution. Restitution can include having to pay for:

• Medical expenses;
• Animal rehabilitation;
• A replacement service animal.

Can Service Animals Fly on Airplanes?

Emotional support animals (ESAs) are permitted to fly on airplanes under the current norms and regulations if the owner can present the following:

• The passenger’s DSM IV-listed mental health disability has to be supported by paperwork from a licensed mental health expert who is current or not older than a year;
• The documentation demonstrates that the animal must travel with the passenger as part of their care;
• Proof of the doctor’s credentials, including:
  • Their credentials;
  • The state where they practice;
  • That they are the passenger’s doctor.

Even with these restrictions, there is a growing concern that not all of the species that are listed as ESAs are valid. There are numerous internet services that allow pet owners to register their animals as ESAs on unofficial databases. There are also numerous internet services that provide free screening with quick turnarounds on any required documentation, even though there are no concrete statistics to support this concern.

Attacks and incidents that involve emotional support animals have increased as airlines work to comply with legislation and ESA owners.

What Must I Do if I Witness Animal Abuse?

An individual may witness animal abuse. If this is the case, it is essential that they inform the appropriate authorities if they believe they saw an animal being mistreated rather than trying to enforce the law on their own. The local government will be able to assess the situation and address the issue, including punishing the animal abuser.

An individual should reach out to their local humane society, an animal welfare organization, or local authorities if they see or suspect someone is abusing animals. Agents of the humane society are legally able to investigate reports of animal abuse and even take custody of abused animals in Texas.

In addition, even if an owner’s actions are not considered illegal, the humane society representatives may be able to tell the individual whether local law enforcement can intervene.

What Must I Do if My Pet Was Mistreated?

If an individual’s animal was mistreated, they should notify the appropriate authorities immediately. In addition, the individual should keep records of any instances of animal cruelty or abuse, as they may be able to file a civil lawsuit against the offender in civil court or bring the matter to the attention of the regional district attorney.

Although an individual’s pet is typically considered a member of their family, it is important to remember that the law views them as personal property. This means that civil lawsuits for animal abuse or cruelty are usually only allowed to recover the animal’s market value.

It is rare for a court to award punitive damages or damages based on emotional distress in these types of cases.

Should I Discuss My Case With an Attorney?

If you are charged with an attack on an assistance animal in Texas, it is essential to consult with a Texas criminal attorney. Animals can sometimes act unpredictably and attack another animal even if you take every precaution possible.

Because this offense can be charged as a felony, legal representation is very important. Your lawyer will present the best possible defense in your case and represent you in court appearances. They will also attempt to negotiate with the prosecution for a reduction in charges or a dismissal of your case.