INTENTIONAL KILLING OF AN ANIMAL


39-14-205. Intentional killing of animal.
  
(a)  (1)  A person who intentionally or knowingly unlawfully kills the animal of another, 
          with the intent to deprive the owner of the right to the animal's life and without
          the owner's effective consent commits theft of that animal and shall be punished 
          under § 39-14-105.
  
     (2)  In determining the value of a police dog, fire dog, search and rescue dog, service
          animal or police horse under § 39-14-105, the court shall consider the value of the
          police dog, fire dog, search and rescue dog, service animal or police horse as both
          the cost of the animal and any specialized training the animal received.
  
 
(b)  A person is justified in killing the animal of another if the person acted under a 
     reasonable belief that the animal was creating an imminent danger of death or serious
     bodily injury to that person or another or an imminent danger of death to an animal
     owned by that person. A person is not justified in killing the animal of another if
     at the time of the killing the person is trespassing upon the property of the owner
     of the animal. The justification for killing the animal of another authorized by this
     subsection (b) shall not apply to a person who, while engaging in or attempting to 
     escape from criminal conduct, kills a police dog that is acting in its official 
     capacity. In that case the provisions of subsection (a) shall apply to the person.

 
[Acts 1989, ch. 591, § 1; 1996, ch. 927, §§ 1, 2; 2004, ch. 957, § 1; 2007, ch. 466, § 1.]
 


 
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