2025 Delaware Code
Title 16 - Health and Safety
Chapter 30F. ANIMAL WELFARE
Subchapter V. Dangerous and Potentially Dangerous Dogs
§ 3074F. Exceptions.
(a) Notwithstanding any provision of this chapter, no dog may 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, its offspring, or its owner, 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, its offspring, or its owner.
(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 any provision of this chapter, no dog may be considered dangerous or potentially dangerous if the dog was protecting or defending its offspring or a human being within the immediate vicinity of the dog from an attack or assault.
(c) Notwithstanding any provision of this chapter, no military, correctional, or police-owned dogs may be considered dangerous or potentially dangerous if the attack or injury to a human being 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; 84 Del. Laws, c. 390, § 8;
