609.226 HARM CAUSED BY A DOG.
Subdivision 1. Great or substantial bodily harm.
A person who causes great or substantial
bodily harm to another by negligently or intentionally permitting any dog to run uncontrolled
off the owner's premises, or negligently failing to keep it properly confined is guilty of a
misdemeanor. A person who is convicted of a second or subsequent violation of this section
involving the same dog is guilty of a gross misdemeanor.
Subd. 2. Dangerous dogs.
If the owner of a dangerous dog, as defined under section
, has been convicted of a misdemeanor under section
, and the same dog
causes bodily injury to a person other than the owner, the owner is guilty of a gross misdemeanor
and may be sentenced to imprisonment for not more than one year or to payment of a fine of not
more than $3,000, or both.
Subd. 3. Defense.
If proven by a preponderance of the evidence, it shall be an affirmative
defense to liability under subdivision 1 or 2 that the victim provoked the dog to cause the victim's
Subd. 4. Harm to service animal caused by dog; crime, mandatory restitution.
used in this subdivision, "service animal" means an animal individually trained or being trained to
do work or perform tasks for the benefit of an individual with a disability.
(b) A person who negligently or intentionally (1) permits the person's dog to run uncontrolled
off the person's premises, or (2) fails to keep the person's dog properly confined or controlled; and
as a result the dog causes bodily harm to a service animal or otherwise renders a service animal
unable to perform its duties, is guilty of a misdemeanor.
(c) The court shall order a person convicted of violating this subdivision to pay restitution
for the costs and expenses resulting from the crime. Costs and expenses include, but are not
limited to, the service animal user's loss of income, veterinary expenses, transportation costs, and
other expenses of temporary replacement assistance services, and service animal replacement or
retraining costs incurred by a school, agency, or individual. If the court finds that the convicted
person is indigent, the court may reduce the amount of restitution to a reasonable level or order it
paid in installments.
(d) This subdivision does not preclude a person from seeking any available civil remedies for
an act that violates this subdivision.
History: 1985 c 294 s 7; 1988 c 711 s 8; 1989 c 37 s 13; 2004 c 159 s 1,2