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:
- Class C misdemeanor
- Attack by Dangerous Dog — 2nd degree felony Correct
- Capital murder
- 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.