Health & Safety Code · §822.005

Attack by Dog

Attack by Dog (§822.005): key points and worked practice questions for Texas peace officer exam preparation.

Key points

  • Owner with criminal negligence fails to secure a dog, OR knows the dog is a dangerous dog
  • Unprovoked attack off the owner's property (or outside a secure enclosure for a dangerous dog)
  • Grade: 3rd degree if the attack causes serious bodily injury; 2nd degree if it causes death (§822.005(b))

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Worked examples

Worked example 1

When a dangerous dog causes death of a person under HSC §822.005, the owner can be charged with:

  1. Class C misdemeanor
  2. Attack by Dangerous Dog — 2nd degree felony Correct
  3. Capital murder
  4. Class A misdemeanor
Why: If a dangerous dog kills a person, the owner faces a 2nd degree felony. SBI to a person from a dangerous dog is a 3rd degree felony.
Statute: Tex. Health & Safety Code §822.005

Statutory definitions for this topic

Attack by dangerous dog causing death Tex. Health & Safety Code §822.005
Owner liability where a dangerous dog kills a person — 2nd degree felony. SBI: 3rd degree felony.