Interference with Police Service Animal

Chapter 38 of the Texas Penal Code defines offenses relating to the obstruction of governmental operation.

“Interference with Police Service Animals”, as per § 38.151 of the Texas Penal Code, occurs when a 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:

1. inhibits or restricts the handler's or rider's control of the animal; or
2. 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.

• An offense under this section is:
• a Class C misdemeanor if the person commits an offense under Subsection (1);
• a Class B misdemeanor if the person commits an offense under Subsection (2);
• a Class A misdemeanor if the person commits an offense under Subsection (3), (4), or (5);
• a state jail felony if the person commits an offense under Subsection (6) or (7) by injuring a police service animal or by engaging in conduct likely to injure the animal; or
• a felony of the second degree if the person commits an offense under Subsection (6) or (7) by:

• killing a police service animal or engaging in conduct likely to kill the animal;
• 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
• 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.

Punishment Range

Misdemeanor C

• Fine not to exceed $500

Misdemeanor B

• Confinement in jail for a term not to exceed 180 days
• Fine not to exceed $2,000
• Both such fine and confinement

Misdemeanor A

• Confinement in jail for a term not to exceed one year
• Fine not to exceed $4,000
• Both such fine and confinement

State Jail Felony

• Confinement in a state jail for not more than two years and not less than 180 days
• In addition to confinement, may receive a fine not to exceed $10,000

Third Degree Felony

• Imprisonment in the institutional division for not more than 10 years or less than two years
• In addition to imprisonment, may receive a fine not to exceed $10,000

Second Degree Felony

• Imprisonment in the institutional division for not more than 20 years or less than two years
• In addition to imprisonment, may receive a fine not to exceed $10,000