273.033. Killing or injuring a dog, reasonable apprehension of imminent harm is an absolute defense.
Killing or injuring a dog, reasonable apprehension of imminent harm isan absolute defense.
273.033. 1. In any action for damages or a criminal prosecutionagainst any person for killing or injuring a dog, a showing by apreponderance of the evidence that such person was in reasonableapprehension of imminent harmful contact by the dog or was acting toprevent such imminent harmful contact against another person by the dogshall constitute an absolute defense to criminal prosecution or civilliability for the killing or injuring of such animal.
2. If a person has, on at least two occasions, complained to thecounty sheriff or to the appropriate animal control authority in his or herjurisdiction that a dog, not on a leash, has trespassed on property thatsuch person owns, rents, or leases or on any property that constitutes suchperson's residence, and when at least one of the prior two complaints wasmotivated by reasonable apprehension for such person's safety or the safetyof another person or apprehension of substantial damage to livestock orproperty, then any subsequent trespass by such dog shall constitute primafacie evidence that such person was in reasonable apprehension of imminentharmful contact. The county sheriff or animal control authority to whichany complaint under this section is made shall notify the owner of thealleged trespassing dog of such complaint. Failure by a county sheriff oranimal control authority to notify a dog owner under this subsection shallnot invalidate or be construed in any way to limit any other provision ofthis subsection.
3. The court shall award attorney's fees, court costs, and allreasonable expenses incurred by the defendant in defense of any criminalprosecution or in any civil action brought by a plaintiff if the courtfinds that the defendant has an absolute defense as provided in subsection1 of this section.
4. This section shall not be construed to provide an absolute defenseto a person who is engaged in or attempting to engage in a criminalactivity at the time of the apprehension of imminent harmful contact, or toa person for any damage or injury to any person or property other than thedog itself that may result from actions taken in an attempt to injure orkill such dog.
(L. 2009 H.B. 62)