Section 38.151 protects police dogs and horses. In Harris County these charges are rarely filed on their own — they accompany a resisting arrest, evading, or assault allegation arising from an arrest in which a K-9 was deployed.
What the Statute Prohibits
A person commits an offense if the person recklessly:
- taunts, torments, or strikes a police service animal;
- throws an object or substance at a police service animal;
- interferes with or obstructs a police service animal, or interferes with or obstructs the handler or rider in a manner that inhibits or restricts the handler's control of the animal, or deprives the handler of control;
- releases a police service animal from its area of control; or
- engages in conduct likely to injure the animal.
Higher subsections address conduct that causes bodily injury, serious bodily injury, or the death of the animal.
Definitions. "Police service animal" means a dog, horse, or other domesticated animal specially trained for use by a handler or rider. "Handler or rider" means a peace officer, corrections officer, or jailer specially trained to use the animal. "Area of control" includes a vehicle, trailer, kennel, pen, or yard.
Penalties
The offense levels escalate with the result — from a Class C misdemeanor for the least serious interference, through Class B and Class A misdemeanors where harm or obstruction of duties results, up to felony levels where the animal suffers serious bodily injury or is killed.
Defenses
The mental state. The core offenses require recklessness, not merely that something happened. A person being bitten who pulls away, covers their face, or strikes reflexively is reacting to pain, not consciously disregarding a risk to the animal. This is the most important argument in the great majority of these cases, and body-camera video usually establishes it.
Self-defense. Chapter 9 justifications can apply where a deployment was unlawful or the force used was excessive. Whether the deployment itself was lawful — and whether the officer gave a warning and an opportunity to comply — is a live question.
Causation and injury. Veterinary records frequently show no injury, or an injury unrelated to the accused's conduct. Where a felony level depends on serious bodily injury to the animal, that must be proven.
No interference in fact. Failing to comply quickly, or being unable to comply, is not the same as obstructing the handler's control of the animal.
Attack the underlying stop or arrest. These charges depend on an encounter that was itself lawful. If the stop or arrest was not, the whole sequence is subject to challenge.
Related
- Assault on a peace officer · Self-defense
- Section 42.091 — attack on an assistance animal
- Harris County criminal courts
Charged in Harris County?
Brian Foley is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a former Harris County Felony Chief Prosecutor; Luis Baez is a former Trial Bureau Chief. Call or text (713) 703-1718 for a free, confidential consultation.