2006 Utah Code - 76-9-307 — Injury to service animals -- Penalties.

     76-9-307.   Injury to service animals -- Penalties.
     (1) As used in this section:
     (a) "Assistance animal" means an animal that is trained or is in training to:
     (i) lead or guide a person who is blind or has a visual disability;
     (ii) assist a person who has a physical disability, including hearing impairment or deafness; or
     (iii) assist a person who has a mental disability.
     (b) "Person with a disability" means a person who is blind, visually impaired, deaf, hearing impaired, or otherwise has a physical or mental disability.
     (2) It is a class A misdemeanor for a person to knowingly, intentionally, or recklessly cause substantial bodily injury or death to an assistance animal.
     (3) It is a class A misdemeanor for a person who owns, keeps, harbors, or exercises control over an animal to knowingly, intentionally, or recklessly fail to exercise sufficient control over the animal to prevent it from causing:
     (a) any substantial bodily injury or the death of an assistance animal; or
     (b) the assistance animal's subsequent inability to function as an assistance animal as a result of the animal's attacking, chasing, or harassing the assistance animal.
     (4) It is a class B misdemeanor for a person to chase or harass an assistance animal.
     (5) It is a class B misdemeanor for a person who owns, keeps, harbors, or exercises control over an animal to knowingly, intentionally, or recklessly fail to exercise sufficient control over the animal to prevent it from chasing or harassing an assistance animal while it is carrying out its functions as an assistance animal, to the extent that the animal temporarily interferes with the assistance animal's ability to carry out its functions.
     (6) (a) An assistance animal is exempt from quarantine or other animal control ordinances if it bites any person while it is subject to an offense under Subsection (2), (3), (4), or (5).
     (b) The owner of the assistance animal or the person with a disability whom the assistance animal serves shall make the animal available for examination at any reasonable time and shall notify the local health officer if the animal exhibits any abnormal behavior.
     (7) In addition to any other penalty, a person convicted of any violation of this section is liable for restitution to the owner of the assistance animal or the person with disabilities whom the assistance animal serves for the replacement, training, and veterinary costs incurred as a result of the violation of this section.
     (8) If the act committed under this section amounts to an offense subject to a greater penalty under another provision of Title 76, Utah Criminal Code, than is provided under this section, this section does not prohibit prosecution and sentencing for the more serious offense.

Enacted by Chapter 302, 2000 General Session