Texas Penal Code 38.151 – Interference with Police Service Animals
WHAT IS INTERFERENCE WITH POLICE SERVICE ANIMALS IN TEXAS?
The Texas law against interference with police service animals prohibits recklessly engaging in any conduct that could injure or kill a police service animal, or taunting, hitting, releasing, and feeding the animal without permission.
WHAT IS THE INTERFERENCE WITH POLICE SERVICE ANIMALS LAW IN TEXAS?
Tex. Penal Code § 38.151. INTERFERENCE WITH POLICE SERVICE ANIMALS.
(b) A person commits an offense if the person recklessly:
(1) taunts, torments, or strikes a police service animal;
(2) throws an object or substance at a police service animal;
(3) interferes with or obstructs a police service animal or interferes with or obstructs the handler or rider of a police service animal in a manner that:
(A) inhibits or restricts the handler’s or rider’s control of the animal; or
(B) deprives the handler or rider of control of the animal;
(4) releases a police service animal from its area of control;
(5) enters the area of control of a police service animal without the effective consent of the handler or rider, including placing food or any other object or substance into that area;
(6) injures or kills a police service animal; or
(7) engages in conduct likely to injure or kill a police service animal, including administering or setting a poison, trap, or any other object or substance.
(c) An offense under this section is:
(1) a Class C misdemeanor if the person commits an offense under Subsection (b)(1);
(2) a Class B misdemeanor if the person commits an offense under Subsection (b)(2);
(3) a Class A misdemeanor if the person commits an offense under Subsection (b)(3), (4), or (5);
(4) except as provided by Subdivision (5), a state jail felony if the person commits an offense under Subsection (b)(6) or (7) by injuring a police service animal or by engaging in conduct likely to injure the animal; or
(5) a felony of the second degree if the person commits an offense under Subsection (b)(6) or (7) by:
(A) killing a police service animal or engaging in conduct likely to kill the animal;
(B) injuring a police service animal in a manner that materially and permanently affects the ability of the animal to perform as a police service animal; or
(C) engaging in conduct likely to injure a police service animal in a manner that would materially and permanently affect the ability of the animal to perform as a police service animal.
WHAT IS THE PENALTY CLASS FOR INTERFERENCE WITH POLICE SERVICE ANIMALS IN TEXAS?
The penalty classification for interference with a police service animal ranges from a Class C misdemeanor to a second degree felony, depending on the severity of the conduct.
- Class C misdemeanor, punishable by a maximum fine of $500, if the person:
- taunted, tormented, or struck a police service animal
- Class B misdemeanor, punishable by up to 180 days in jail, if the person:
- threw an object or substance at a police service animal
- Class A misdemeanor, punishable by up to one year in jail, if the person:
- interfered with or obstructed the police service animal;
- interfered with or obstructed the handler or rider in a manner that inhibited, restricted, or deprived the handler’s or rider’s control of the police service animal;
- released a police service animal from its area of control;
- entered the area of control without permission, or put food or any other substance or object into the animal’s area.
- State jail felony, punishable by 180 days to two years in a state jail facility, if the person:
- injured or engaged in conduct likely to injury a police service animal
- Second degree felony, punishable by two to 20 years in prison, if the person:
- killed a police service animal;
- injured or engaged in conduct likely to injure a police service animal such that its ability to perform as a police service animal is permanently affected.
WHAT IS THE PUNISHMENT RANGE FOR INTERFERENCE WITH POLICE SERVICE ANIMALS IN TEXAS?
The punishment ranges for interference with a police service animal depend on the severity of the charge:
- Class C misdemeanor: maximum fine of $500;
- Class B misdemeanor: up to 180 days in jail, and a maximum fine of $2,000;
- Class A misdemeanor: up to one year in jail, and a maximum fine of $4,000;
- State jail felony: 180 days to two years in a state jail facility, and a maximum $10,000 fine;
- Second degree felony: two to 20 years in prison, and a maximum $10,000 fine.
WHAT ARE THE PENALTIES FOR INTERFERENCE WITH POLICE SERVICE ANIMALS IN TEXAS?
A person charged with interference with a police service animal may be eligible for probation after a conviction, or deferred adjudication without a conviction. The maximum periods of community supervision depend on the severity of the charge:
- Class C misdemeanor: up to 180 days;
- Class A or B misdemeanor: up to two years;
- State jail felony: between two and five years, with the possibility of extending supervision for up to ten years;
- Second degree felony: between two and ten years;
WHAT ARE THE DEFENSES TO INTERFERENCE WITH POLICE SERVICE ANIMALS IN TEXAS?
The statute does not authorize specific defenses to interference with police service animals. A person accused thereof may attempt to negate at least one of the elements the State must prove at trial.
WHAT IS THE STATUTE OF LIMITATIONS FOR INTERFERENCE WITH POLICE SERVICE ANIMALS IN TEXAS?
The limitation period for interference with a police service animal categorized as a misdemeanor is two years. If charged as a state jail or second degree felony, the limitation period is three years.
INTERFERENCE WITH POLICE SERVICE ANIMALS IN TEXAS
Interfering with police service animals includes taunting or hitting police dogs and horses, which is only punishable by a fine. More severe conduct, such as killing or permanently disabling a police service animal, a second degree felony.
Glowing Client Reviews
Trey is the man! I hired him because I had overheard a county court judge mentioning how awesome of an attorney he is, so if an endorsement from a judge won’t convince you then I’m not sure what will. I sure do hope I never find myself in a pickle ever again but if I do, I would hire Trey in a heartbeat. He’s honest, transparent, doesn’t beat around the bush, and will work tirelessly so that your clean record stays clean and unblemished. 5 stars, highly recommend!
I recently hired Trey Porter Law to help our teenage daughter with a drug charge. In the state of Texas she was being charged as an adult which carried a much stiffer penalty. Trey is very responsive, helpful, knowledgeable and is always available to answer any questions or concerns via phone, text or email. He was able to negotiate on her behalf so it was a pleasant experience. I would highly recommend Trey Porter Law.
Trey really helped me out. He was straight forward and professional, and really helped me in my case. I thought i was going to lose my job, but trey did everything in his power to help me keep my way of life, and still keeps up with me any details on my case.
I really appreciated all he did for me.
Trey is a phenomenal attorney that gets the job done right! He is dedicated to help his clients.
He made himself available and answered all my concerns immediately! I had faith in him and he continued to prove his expertise by helping me. I highly recommend Trey Porter!!
Trey Porter fought for me! I am a nurse and thought my career was over.
Very thankful I got Trey Porter involved. He responds to messages regularly and was very thorough.
He saved my career. Forever grateful!
Mr Porter is the real deal. You get what you pay for these days. I know that from my personal business dealings. Attorney Trey Porter was no different.
He was prompt, professional and poised. I was charged with DWI, and Mr Porter got the charge dismissed. I could not be more pleased or thankful. If you get a DWI, hire the best — hire Trey Porter.
WE FIGHT FOR DISMISSAL
WE FIGHT FOR DISMISSAL
CHARGES DISMISSED
DRIVING WHILE INTOXICATED .15
Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.
CHARGES DISMISSED
DRIVING WHILE INTOXICATED .15+
Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.
CHARGES DISMISSED
DWI 2nd
Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.
Contact Trey Porter Today
Request a free consultation
The stakes are high. Criminal charges can have devastating, lifelong consequences. During the free, confidential consultation, Mr. Porter will answer questions surrounding your legal matter, and discuss and identify potential defenses.
If you have been arrested and charged with a crime, the State is working on your conviction. It’s time to start building your defense.
