§ 4-1-30.1. Cruelty to public safety - Dogs and horses. (a) As used in this section:

(1) "Police canine" means any canine and "police horse" means any horse that is owned or in the service of a law enforcement agency for the principal purpose of aiding in the detection of criminal activity, enforcement of laws, maintaining public order, or apprehension of offenders;

(2) "Fire canine" means any canine that is owned or in the service of a fire department, a special fire district, or the state fire marshal for the principal purpose of aiding in the detection of flammable materials or the investigation of fires; and

(3) "SAR canine" means any search and rescue canine that is owned or in the service of a fire department, a law enforcement agency, a special fire district, or the state fire marshal for the principal purpose of aiding in the detection of missing persons, including, but not limited to, persons who are lost; who are trapped under debris as the result of a natural, manmade, or technological disaster; or who are drowning victims.

(b) Penalties:

(1) Any person who intentionally and knowingly, without lawful cause or justification, causes great bodily harm, permanent disability, or death to, or uses a deadly weapon upon, a police canine, fire canine, SAR canine, or police horse commits a felony, shall be imprisoned not exceeding five (5) years or be fined not exceeding one thousand dollars ($1,000), and shall, in the case of any animal of another, be liable to the owner of this animal for triple damages, to be recovered by civil action. In addition, any person convicted under this section shall be required to serve fifty (50) hours of community restitution. That community restitution penalty shall not be suspended or deferred and is mandatory.

(2) Any person who actually and intentionally maliciously touches, strikes, or causes bodily harm to a police canine, fire canine, SAR canine, or police horse commits a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or imprisonment of not more than one year, or both.

(3) Any person who intentionally or knowingly maliciously harasses, teases, interferes with, or attempts to interfere with a police canine, fire canine, SAR canine, or police horse while the animal is in the performance of its duties commits a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) and not more than five hundred dollars ($500), or imprisonment of not more than one year, or both.

(c) Except as provided in subsection (b)(1), any person convicted under this section shall make full restitution for injuries sustained by the police canine, fire canine, SAR canine, or police horse and shall pay the replacement cost of any dog or horse if that animal can no longer perform its public safety duties. Any canine that is owned by or employed by a law enforcement agency shall be exempt from restitution requirements of this subsection.

History of Section. (P.L. 2019, ch. 115, § 2; P.L. 2019, ch. 147, § 2.)