§ 3074F Exceptions.

16 DE Code § 3074F (2019) (N/A)

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(a) Notwithstanding § 3073F of this title, no dog shall be considered dangerous or potentially dangerous if a physical injury or serious physical injury was sustained by any of the following:

(1) A human being who, at the time the injury was sustained, was committing criminal trespass or other tort upon premises occupied by the owner of the dog, or was teasing, tormenting, abusing, or assaulting the dog, or was committing or attempting to commit a crime.

(2) A domestic animal which, at the time the injury was sustained, was teasing, tormenting, abusing, or assaulting the dog.

(3) A domestic animal while the dog was working as a hunting dog, herding dog, or predator control dog on the property of or under the control of its owner, and the injury was to a species or type of domestic animal appropriate to the work of the dog.

(b) Notwithstanding § 3073F of this title, no dog shall be considered dangerous or potentially dangerous if the dog was protecting or defending a person within the immediate vicinity of the dog from an attack or assault.

(c) Notwithstanding § 3073F of this title, no military, correctional, or police-owned dogs shall be considered dangerous or potentially dangerous if the attack or injury to a person or domestic animal occurs while the dog is performing duties as expected.

77 Del. Laws, c. 428, § 8; 79 Del. Laws, c. 376, § 2; 80 Del. Laws, c. 248, § 6.

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