Health & Safety Code · §42.091
Attack on Assistance Animal
Attack on Assistance Animal (§42.091): key points and worked practice questions for Texas peace officer exam preparation.
Key points
- Intentionally, knowingly, or recklessly
- Attacks, injures, or kills an assistance animal — or incites or permits the actor's own animal to do so
- "Assistance animal" as defined in Human Resources Code §121.002
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Worked examples
Worked example 1
Attack on Assistance Animal (Tex. Penal Code §42.091) is what level of offense?
- Class C misdemeanor in every case
- Depends on the result — Class A misdemeanor if the assistance animal is attacked; state jail felony if it is injured; third-degree felony if it is killed Correct
- Capital felony
- Not an offense
Why: Section 42.091 makes it an offense to intentionally, knowingly, or recklessly attack, injure, or kill an assistance animal, or to incite or permit one's own animal to do so. Under §42.091(c) it is a Class A misdemeanor if the assistance animal is attacked, a state jail felony if it is injured, and a third-degree felony if it is killed. "Assistance animal" has the meaning in Human Resources Code §121.002.
Statute: Tex. Penal Code §42.091
Statutory definitions for this topic
- Assistance animal Tex. Penal Code §42.091
- Service animal, search-and-rescue dog, police K9, or other specially trained animal. Specific protections apply: harassment Class A, injury state jail felony, killing during commission of offense 2nd degree felony.