Definitions, Laws & Policies
OHIO
Definition
In Section 2921.321, "Assaulting a police dog or horse; harassing a police dog or horse;
Assaulting an assistance dog; harassing an assistance dog," the following is stated: "(4) “Assistance dog,” “blind,” and “mobility impaired person” have the same meanings as in section 955.011 of the Revised Code." R.C. § 2921.321
"Assistance dog” means a guide dog, hearing dog, or service dog that has been trained by a nonprofit special agency.
“Guide dog” means a dog that has been trained or is in training to assist a blind person.
“Hearing dog” means a dog that has been trained or is in training to assist a deaf or hearing-impaired person.
“Service dog” means a dog that has been trained or is in training to assist a mobility impaired person. R.C. § 955.011
SDIT Covered?
Yes. When either a blind, deaf or hearing impaired, or mobility impaired person or a trainer of an assistance dog is accompanied by an assistance dog, the person or the trainer, as applicable, is entitled to the full and equal accommodations, advantages, facilities, and privileges R.C. § 955.43
Accommodation Law
When either a blind, deaf or hearing impaired, or mobility impaired person or a trainer of an assistance dog is accompanied by an assistance dog, the person or the trainer, as applicable, is entitled to the full and equal accommodations, advantages, facilities, and privileges of all public conveyances, hotels, lodging places, all places of public accommodation, amusement, or resort, all institutions of education, and other places to which the general public is invited. R.C. § 955.43
Harassment of/Interference with Service Dogs
No person shall knowingly cause, or attempt to cause, physical harm to an assistance dog in either of the following circumstances:
(1) The dog is assisting or serving a blind, deaf or hearing impaired, or mobility impaired person at the time the physical harm is caused or attempted.
(2) The dog is not assisting or serving a blind, deaf or hearing impaired, or mobility impaired person at the time the physical harm is caused or attempted, but the offender has actual knowledge that the dog is an assistance dog. No person shall recklessly do any of the following: Taunt, torment, or strike an assistance dog; Throw an object or substance at an assistance dog; Interfere with or obstruct an assistance dog, or interfere with or obstruct a blind, deaf or hearing impaired, or mobility impaired person who is being assisted or served by an assistance dog, in a manner that does any of the following (described in (a) to (d) of the law); Engage in any conduct that is likely to cause serious physical injury or death to an assistance dog; If the person is the owner, keeper, or harborer of a dog, fail to reasonably restrain the dog from taunting, tormenting, chasing, approaching in a menacing fashion or apparent attitude of attack, or attempting to bite or otherwise endanger an assistance dog that at the time of the conduct is assisting or serving a blind, deaf or hearing impaired, or mobility impaired person or that the person knows is an assistance dog. Assaulting as assistance dog is a misdemeanor of the second degree unless: death of assistance dog - felony of the third degree if results serious physical harm to the assistance dog other than its death - felony of the fourth degree physical harm to the assistance dog other than death or serious physical harm - misdemeanor of the first degree Harassing an assistance dog is a misdemeanor of the second degree unless: death of the assistance dog - felony of the third degree serious physical harm to the assistance dog, but does not result in its death - felony of the fourth degree physical harm to the assistance dog, but does not result in its death or in serious physical harm to it - misdemeanor of the first degree R.C. § 2921.321
Licensing Law
When an application is made for registration of an assistance dog and the owner can show proof by certificate or other means that the dog is an assistance dog, the owner of the dog shall be exempt from any fee for the registration. R.C. § 955.011
OKLAHOMA
Definition
Under "Chapter 1, Services to the Blind. Guide Dogs:"
"Service dog" means any dog individually trained to the physically handicapped person's requirements; and
"Signal dog" means any dog trained to alert a deaf or hard-of-hearing person to intruders or sounds. Okl. St. Ann. § 19.1
Under harming a service animal provision:
"Service animal" means an animal that is trained for the purpose of guiding or assisting a disabled person who has a sensory, mental, or physical impairment. Okl. St. Ann. § 649.3
SDIT Covered?
Yes. A blind, physically handicapped, deaf or hard-of-hearing person and his or her guide, signal, or service dog or a dog trainer from a recognized training center in the act of training guide, signal, or service dogs shall not be denied admittance to or refused access to any of the following because of such dog. Okl. St. Ann. § 19.1
Accommodation Law
A blind, physically handicapped, deaf or hard-of-hearing person and his or her guide, signal, or service dog or a dog trainer from a recognized training center in the act of training guide, signal, or service dogs shall not be denied admittance to or refused access to any of the following because of such dog: Any street, highway, sidewalk, walkway, any common carrier, airplane, motor vehicle, railroad train, motor bus, streetcar, boat, or any other public conveyance or mode of transportation, hotel, motel, or other place of lodging, public building maintained by any unit or subdivision of government, building to which the general public is invited, college dormitory and other educational facility, restaurant or other place where food is offered for sale to the public, or any other place of public accommodation, amusement, convenience, or resort to which the general public or any classification of persons from the general public is regularly, normally, or customarily invited within the State of Oklahoma. Okl. St. Ann. § 19.1
Violation is a misdemeanor. Okl. St. Ann. § 19.2
Harassment of/Interference with Service Dogs
Harm to or interference with service animal:
No person shall willfully harm, including torture, torment, beat, mutilate, injure, disable, or otherwise mistreat or kill a service animal that is used for the benefit of any handicapped person in the state. No person shall willfully interfere with the lawful performance of any service animal used for the benefit of any handicapped person in the state. Violation is a misdemeanor, punishable by a fine not exceeding $1,000.00, or by imprisonment in the county jail not exceeding 1 year, or by both.
Harm to service animal during commission of other crime:
If violation occurs during commission of misdemeanor or felony, results in fine not exceeding $1,000.00, or by imprisonment in the Department of Corrections not exceeding 2 years, or by both such fine and imprisonment.
Harm to service animal by another animal:
Any person who encourages, permits or allows an animal owned or kept by such person to fight, injure, disable or kill a service animal used for the benefit of any handicapped person in this state, or to interfere with a service animal in any place where the service animal resides or is performing commits misdemeanor. Also, must pay restitution. Violation is a misdemeanor, punishable by a fine not exceeding $1,000.00, or by imprisonment in the county jail not exceeding 1 year, or by both. 21 Okl. St. Ann. § 649.3
Licensing Law
No municipality or political subdivision of the state may enact or enforce any ordinance or rule that requires any registration or licensing fee for any service animal that is used for the purpose of guiding or assisting a disabled person who has a sensory, mental, or physical impairment. Violation is a misdemeanor punishable by a fine of not less than $50.00. 21 Okl. St. Ann. § 649.3
OREGON
Definition
(1) As used in this section:
(a) “Assistance animal” means a dog or other animal designated by administrative rule that has been individually trained to do work or perform tasks for the benefit of an individual.
(b) “Assistance animal trainee” means an animal that is undergoing a course of development and training to do work or perform tasks for the benefit of an individual that directly related to the disability of the individual. O.R.S. 659A.143(6)(a) Rights for pedestrians who are blind or blind and deaf. “Dog guide” means a dog that is wearing a dog guide harness and is trained to lead or guide a person who is blind. O.R.S. § 814.110
SDIT Covered?
Yes. A place of public accommodation or of access to state government services, programs or activities may not deny a person with a disability or an assistance animal trainer the right to be accompanied by an assistance animal or assistance animal trainee in any area of the place that is open to the public or to business invitees. O.R.S. 659A.143(6)(a)
Accommodation Law
With exceptions, a place of public accommodation or of access to state government services, programs or activities may not deny a person with a disability or an assistance animal trainer the right to be accompanied by an assistance animal or assistance animal trainee in any area of the place that is open to the public or to business invitees. O.R.S. 659A.143(6)(a)
Harassment of/Interference with Service Dogs
Theft or attack on assistance animal:
A person with a disability who uses an assistance animal, or the owner of an assistance animal may bring an action for economic and noneconomic damages against any person who steals or, without provocation, attacks the assistance animal. The person with a disability or the owner may also bring an action for such damages against the owner of any animal that, without provocation, attacks an assistance animal. The action authorized by this subsection may be brought by the person with a disability or the owner even if the assistance animal was in the custody or under the supervision of another person when the theft or attack occurred. The measure of economic damages shall include, but need not be limited to, the replacement value of an equally trained assistance animal, without any differentiation for the age or the experience of the animal. If the animal recovers and returns to service the measure of economic damages shall include, but need not be limited to, the veterinary medical expenses, costs of temporary replacement assistance services, whether provided by another assistance animal or a person, and any other costs and expenses incurred by the person with a disability or the owner as a result of the theft of or injury to the animal. O.R.S. § 659A.141
Interfering with assistance or therapy animal:
A person commits the crime of interfering with an assistance, a search and rescue or a therapy animal if the person intentionally or knowingly: injures or attempts to injure an animal the person knows or reasonably should know is an assistance animal, a search and rescue animal or a therapy animal interferes with an assistance animal while the assistance animal is being used to provide assistance to a person with a physical impairment interferes with a search and rescue animal or a therapy animal while the animal is being used for search and rescue or therapy purposes Violation is a Class A misdemeanor. O.R.S. § 167.352
Licensing Law
A license fee is not required to be paid for any dog kept by a person who is blind and who uses the dog as a guide. A license shall be issued for such dog upon the filing by the person who is blind of an affidavit with the county showing that the dog qualifies for exemption. O.R.S. § 609.100 Notwithstanding O.R.S. 609.015 or 609.100, a county or city shall not charge a fee to license a dog used as an assistance animal as defined in section 2 of this 2013 Act O.R.S. § 609.105
PENNSYLVANIA
Definition
Under Dog Law:
“Service dog.” Any dog which has been or is in the process of being trained as a guide dog, signal dog or has been trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to:
Guiding individuals with impaired vision
Alerting individuals with impaired hearing to intruders or sounds
Pulling a wheelchair
Fetching dropped items
3 P.S. § 459-102
As used in this section, the term “service, guide or support dog” shall have the same meaning given it under section 5531 (relating to definitions). 18 Pa.C.S.A. § 7325
“Service, guide or support dog.” A dog that is trained or is being trained to work or perform tasks for the benefit of an individual with a disability consistent with Federal and State law related to service animals. 18 Pa.C.S.A. § 5531
SDIT Covered?
Yes. A person is guilty of a summary offense if he refuses, withholds or denies any person, who is using a service, guide or support dog or other aid animal to assist an individual with a disability or who is training a service, guide or support dog or other aid animal for an individual with a disability, the use of or access to any accommodation, advantage, facility or privilege 18 Pa.C.S.A. § 7325
Accommodation Law
Policy statement in law:
The practice or policy of discrimination against individuals or groups by reason of their use of guide or support animals because of the blindness, deafness or physical handicap of the user or because the user is a handler or trainer of support or guide animals is a matter of concern of the Commonwealth. 43 P.S. § 952
Recognized as civil right:
The opportunity for an individual to obtain employment for which he is qualified, and to obtain all the accommodations, advantages, facilities and privileges of any public accommodation and of any housing accommodation and commercial property without discrimination because of the use of a guide or support animal because of the blindness, deafness or physical handicap of the user or because the user is a handler or trainer of support or guide animals is hereby recognized as and declared to be a civil right which shall be enforceable as set forth in this act. 43 P.S. § 953
Public accommodation discrimination:
A person is guilty of a summary offense if he, being the proprietor, manager or employee of a place of public accommodation, entertainment or amusement, refuses, withholds or denies any person, who is using a service, guide or support dog or other aid animal to assist an individual with a disability or who is training a service, guide or support dog or other aid animal for an individual with a disability, the use of or access to any accommodation, advantage, facility or privilege 18 Pa.C.S.A. § 7325
Harassment of/Interference with Service Dogs
A person commits a misdemeanor of the third degree if the person is the owner of a dog that kills, maims or disfigures a guide dog of an individual who is blind, a hearing dog of an individual who is deaf or audibly impaired or a service dog of an individual who is physically limited without provocation by the guide, hearing or service dog or the individual. A person commits an offense under this section only if the person knew or should have known that the dog the person owns had a propensity to attack human beings or domestic animals without provocation, and the owner knowingly or recklessly failed to restrain the dog or keep the dog in a contained, secure manner. A person convicted of violating this section shall be sentenced to pay a fine of not more than $5,000 and shall be ordered to make reparations for veterinary costs in treating the guide, hearing or service dog and, if necessary, the cost of obtaining and training a replacement guide, hearing or service dog. If a dog attacks a service dog and the owner knew the dog had a vicious propensity and failed to restrain the dog, a court of common pleas may impose any of the following: A civil penalty of up to $15,000; Reparations for veterinary and, if necessary, the cost of retraining the dog or of obtaining and training a replacement guide, hearing or service dog; Loss of income for the time the individual is unable to work due to the unavailability of the guide, hearing or service dog. 18 Pa.C.S.A. § 5535
Licensing Law
The provisions of this act relating to the payment of fees and other charges shall not apply to any person who uses a service dog for aid License tags for service dogs shall be issued without charge. Also, puppies that are brought into this Commonwealth for a period of less than 18 months as part of a formalized training to be service dogs shall be exempt from the licensing requirements of this act. 3 P.S. § 459-217
Service Dog Fraud
A person commits the offense of misrepresentation of entitlement to assistance animal or service animal if the person intentionally: (1) misrepresents to another that the person has a disability or disability-related need for the use of an assistance animal or service animal in housing; or (2) makes materially false statements for the purpose of obtaining documentation for the use of an assistance animal or service animal in housing. A person who violates the provisions commits a misdemeanor of the third degree. 68 P.S. § 405.5
RHODE ISLAND
Definition
Under Chapter 9.1, Equal Rights of Blind and Deaf Persons to Public Facilities:
“Guide dog” means a dog that has been or is being specially trained to aid a particular blind or visually impaired person.
“Hearing dog” means a dog that has been or is being specially trained to aid a particular deaf or hard-of-hearing person.
“Service animal” means a dog that has been or is being specifically trained to assist an individual with a disability and includes a guide dog or hearing dog.
Gen. Laws, 1956, § 40-9.1-1
SDIT Covered?
Yes. Every trainer or puppy raiser of a service animal shall have the same rights and privileges as stated in § 40-9.1-2 for every person with a disability. Each trainer or puppy raiser during the training of a service animal is liable for any damage done to persons, premises, or facilities by that service animal. Gen. Laws, 1956, § 40-9.1-2.1
Accommodation Law
Every person with a disability has the right to be accompanied by a service animal, specially trained for that person in any place listed in § 40-9.1-1 without being required to pay an extra charge for the personal assistance animal. Each person with a disability using a service animal is solely liable for any damage done to persons, premises, or facilities by the service animal. Gen. Laws, 1956, § 40-9.1-2
It is unlawful for any person, corporation, or the agent of any corporation to:
(1) Withhold, deny, deprive, or attempt to withhold, deny, or deprive, any other person of any right or privilege secured by §§ 40-9.1-2 and 40-9.1-2.1;
(2) Intimidate, threaten, coerce, or attempt to threaten, intimidate, or coerce, any other person to interfere with any right or privilege secured by §§ 40-9.1-2 and 40-9.1-2.1;
(3) Punish, or attempt to punish, any person for exercising, or attempting to exercise, any right or privilege secured by §§ 40-9.1-2 and 40-9.1-2.1.
Violation is a misdemeanor punishable imprisonment in the county jail for not more than 6 months or by a fine of not less than $100, or by both fine and imprisonment. Also liable for actual damages for any economic loss and/or punitive damages.
Gen. Laws, 1956, § 40-9.1-3
(Note the state also grants access to "family therapy pets" as defined that are working in the provision of pet-assisted therapy treatment and education. Immunization and other criteria described must first be met). Gen. Laws, 1956, § 40-9.1-5
Harassment of/Interference with Service Dogs
Under Dog Law:
Owner of dog who dog kills, wounds, or worries, or assists in killing, wounding, or worrying, any seeing-eye dog certified for use as a guide-dog under harness or engaged in act of guiding owner, or if that dog assaults or bites the visually impaired person, the owner of offending dog must pay the blind or visually impaired guide-dog owner double all the damages sustained. If the act occurs again, the owner of the offending dog owes treble damages, and an order must be made by the court to kill the dog. Gen. Laws, 1956, § 4-13-16.1
Under Equal Rights Law:
It is unlawful for any person to injure a service animal and the person shall be liable for the injuries to the service animal, and if necessary, the replacement and compensation for the loss of the service animal. It is unlawful for the owner of an animal to allow their animal to injure a service animal because the owner failed to control or leash the animal. The owner shall also be liable for the injuries to the service animal, and if necessary, the replacement and compensation for the loss of the service animal. Any person or corporation who or that violates these provisions is also liable to the person whose rights were violated for actual damages for any economic loss and/or punitive damages, to be recovered by a civil action. In an action brought under this section, the court shall award costs and reasonable attorney's fees to the prevailing party. Gen. Laws, 1956, § 40-9.1-3
Licensing Law
Any city or town may waive the fee to be charged to license guide dogs used by persons with disabilities. Gen. Laws, 1956, § 4-13-4
Service Dog Fraud
It is a violation of this chapter for an individual to take an animal into a public area where pets are not permitted, and state that the animal is a service animal entitled to be present, if the animal is not a service animal. It shall be a violation for any individual to misrepresent a pet or any other animal as a service animal when attempting to gain access to or remain in a public area.
A violation of this section occurs when:
(1) An individual expressly represents that an animal in his or her possession is a service animal for the purpose of obtaining any rights or privileges afforded to persons with disabilities accompanied by service animals, but unavailable to people and their pets or other animals; and (2) The individual knew or should have known that the animal in question did not meet the definition of a service animal. A violation of this section shall be deemed a civil violation, punishable by up to 30 hours of community service for an organization that serves individuals with disabilities at the discretion of the court. Gen. Laws, 1956, § 40-9.1-3.1
SOUTH CAROLINA
Definition
Under Article 15, Protection of Guide Dogs:
"Guide dog” means a dog that is trained for the purpose of guiding blind persons, or a dog trained for the purpose of assisting hearing impaired persons.
"Service animal” or “service animal-in-training” means an animal that is trained or that is being trained to do work or perform tasks for an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disabilitys.
A service animal is not a pet and is limited to a dog or a miniature horse. The work done or tasks performed must be directly related to the individual's disability and may include but are not limited to the 12 functions listed in the law. Code 1976 § 47-3-920
SDIT Covered?
Yes. Every person who is a trainer of an assistance or guide dog, while engaged in the training of an assistance or guide dog, has the same rights and privileges with respect to access to public facilities and accommodations as blind and disabled persons, including the right to be accompanied by an assistance or guide dog or assistance or guide dog in training. Code 1976 § 43-33-20
Accommodation Law
Every handicapped person has the right to be accompanied by an assistance dog, especially trained for the purpose, in any of the places listed in this section without being required to pay an extra charge for the assistance dog. Code 1976 § 43-33-20 A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both. Code 1976 § 43-33-40
Harassment of/Interference with Service Dogs
Interference with guide or service dog:
Unlawful for person who has received notice that his or her behavior is interfering with the use of a guide dog or service animal to continue with reckless disregard to interfere with the use of a guide dog or service animal by obstructing, intimidating, or jeopardizing the safety of the guide dog or service animal or its user. Unlawful for a person with reckless disregard to allow his or her dog that is not contained by a fence, a leash, or another containment system to interfere with the use of a guide dog or service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the guide dog or service animal or its user. Violation is a misdemeanor triable in magistrate's court and, upon conviction, is subject to the maximum fines and terms of imprisonment in magistrate's court. Code 1976 § 47-3-930
Injury to guide or service dog:
Unlawful for a person with reckless disregard to injure, disable, or cause the death of a guide dog or service animal. Unlawful for a person with reckless disregard to allow his dog to injure, disable, or cause the death of a guide dog or service animal. Violation is a misdemeanor and, upon conviction, must be fined not more than $2,500 or imprisoned not more than 6 months, or both. Code 1976 § 47-3-940
Unauthorized control over guide or service dog:
Unlawful for a person to wrongfully obtain or exert unauthorized control over a guide dog or service animal with the intent to deprive the guide dog or service animal user of his guide dog or service animal. Violation is a misdemeanor and, upon conviction, must be fined not less than $2,000 or imprisoned not less than 1 year, or both. Code 1976 § 47-3-950
Intentional injury/cause death to guide or service dog:
Unlawful for a person to intentionally injure, disable, or cause the death of a guide dog or service animal, except in the case of self-defense or humane euthanasia. Violation is a misdemeanor and, upon conviction, must be fined not more than $5,000 or imprisoned not more than 3 years, or both. Code 1976 § 47-3-960
Restitution:
A defendant convicted of a violation of Sections 47-3-930, 47-3-940, 47-3-950, or 47-3-960 may be ordered to make full restitution for damages including incidental and consequential expenses incurred by the guide dog or service animal and its user, which arise out of or are related to the criminal offense. Code 1976 § 47-3-970
Service Dog Fraud
It is unlawful for a person to intentionally misrepresent an animal in his possession as a service animal or service animal-in-training for the purpose of obtaining any right or privilege provided to a disabled person if the person knows that the animal in his possession is not a service animal or service animal-in-training. First offense, an amount not more than $250; Second offense, an amount not more than $500; and Third or subsequent offense, an amount not more than $1,000. Inquiries made in order to investigate and enforce the provisions of this section are limited to those inquiries allowed by the Department of Justice pursuant to 28 C.F.R. Section 36.302. A custodial arrest for a violation of subsection (A) must not be made, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine. A violation of subsection (A) does not constitute a criminal offense. Code 1976 § 47-3-980
SOUTH DAKOTA
Definition
None
SDIT Covered?
Yes. A service animal trainer may be accompanied by a service animal in training wearing a collar and leash, harness, or cape that identifies the animal as a service animal in training, in any of the places listed in § 20-13-23.1 subject to any conditions and limitations established by law and applicable to service animals, without being required to pay an extra charge for the service animal in training.
S.D.C.L. § 20-13-23.2
Accommodation Law
Any person who is totally or partially physically disabled, totally or partially blind, totally or partially deaf, or has a psychiatric disability or mental disability may be accompanied by a service animal, especially trained for the purpose, in any of the places listed in § 20-13-23.1 without being required to pay an extra charge for the service animal. A service animal trainer may be accompanied by a service animal in training wearing a collar and leash, harness, or cape that identifies the animal as a service animal in training, in any of the places listed in § 20-13-23.1 subject to any conditions and limitations established by law and applicable to service animals, without being required to pay an extra charge for the service animal in training. Failure of any owner or employee of a place listed in § 20-13-23.1 to comply with the provisions of this section is a Class 2 misdemeanor. S.D.C.L. § 20-13-23.2
Harassment of/Interference with Service Dogs
No person may maliciously beat, injure, attempt to injure, harass, intimidate, entice, distract, or otherwise interfere with any service animal accompanying a person with a disability if the service animal is being controlled by the person and the service animal is wearing a harness or other control device normally used for service animals accompanying or leading persons with disabilities. A violation of this section is a Class 2 misdemeanor. S.D.C.L. § 40-1-38
TENNESSEE
Definition
As used in this section, “service animal” means:
(A) Any animal that is individually trained, or being trained by an employee or puppy raiser from a recognized training agency or school to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability; and
(B) Any police dog, fire dog, search and rescue dog, or police horse. T.C.A. § 39-14-216
SDIT Covered?
Yes. No proprietor, employee or other person in charge of any place of public accommodation, amusement or recreation shall refuse to permit a dog guide trainer to enter such place or to make use of the accommodations provided in those places, when the accommodations are available, for the reason that the dog guide trainer is being led or accompanied by a dog guide in training; provided, that the dog guide in training, when led or accompanied by a dog guide trainer, is wearing a harness and is held on a leash by the dog guide trainer or, when led or accompanied by a dog guide trainer, is held on a leash by the dog guide trainer; and provided, further, that the dog guide trainer shall first have presented for inspection credentials issued by an accredited school for training dog guides. T.C.A. § 62-7-112
Accommodation Law
No proprietor, employee or other person in charge of any place of public accommodation, amusement or recreation shall refuse to permit a blind, physically disabled or deaf or hard of hearing person to enter the place or to make use of the accommodations for the reason that the blind, physically disabled or deaf or hard of hearing person is being led or accompanied by a dog guide. A violation of this section is a Class C misdemeanor. T.C.A. § 62-7-112
Harassment of/Interference with Service Dogs
Chapter 14, Offenses Against Property:
A person who intentionally or knowingly unlawfully injures the guide dog of another and, thereby, permanently deprives the owner of the use of the guide dog's services commits theft of that animal. In determining the value of the guide dog, the court shall consider the value of the guide dog as both the cost of the dog as well as the cost of any specialized training the guide dog received. T.C.A. § 39-14-208
A person commits aggravated cruelty to animals when, with aggravated cruelty and with no justifiable purpose, the person intentionally kills or intentionally causes serious physical injury to a companion animal. Aggravated cruelty to animals is a Class E felony. In addition to penalty, responsible for damages to animal. If an unlawful act resulted in the death or permanent disability of a person's guide dog, then the value of the guide dog shall include, but shall not necessarily be limited to, both the cost of the guide dog as well as the cost of any specialized training the guide dog received. T.C.A. § 39-14-212
It is an offense to maim or harm, or attempt to do so, or permit an animal owned to harm a service animal (violation is a Class A misdemeanor). Under the law, it is an offense to knowingly interfere with a service animal in the performance of its duties (Class C misdemeanor). In addition to any other penalty provided by this section, a person convicted shall be ordered by the court to make full restitution for all damages that arise out of or are related to the offense, including incidental and consequential damages incurred. T.C.A. § 39-14-216
Chapter 17, Dogs and Cats:
If a person's guide dog is killed or sustains injuries that result in death or permanent disability caused by the unlawful and intentional, or negligent, act of another or the animal of another, then the trier of fact may find the individual causing the death or the owner of the animal causing the death liable for economic damages, which shall include, but shall not necessarily be limited to, both the cost of the guide dog as well as the cost of any specialized training the guide dog received. T.C.A. § 44-17-404
Service Dog Fraud
A person commits the offense of misrepresentation of a service animal or support animal who knowingly:
(1) Fraudulently represents, as a part of a request to maintain a service animal or support animal in residential rental property under § 66-7-111 or § 66-28-406, that the person has a disability or disability-related need for the use of a service animal or support animal; or
(2) Provides documentation to a landlord under § 66-7-111(c) or § 66-28-406(c) that falsely states an animal is a service animal or support animal. Misrepresentation of a service animal or support animal is a Class B misdemeanor. T.C.A. § 39-16-304
TEXAS
Definition
Under Title 8, "Rights and Responsibilities of Persons with Disabilities:"
“Assistance animal” and “service animal” mean a canine that is specially trained or equipped to help a person with a disability and that is used by a person with a disability. V.T.C.A., Human Resources Code § 121.002
SDIT Covered?
Yes. A service animal in training shall not be denied admittance to any public facility when accompanied by an approved trainer. V.T.C.A., Human Resources Code § 121.003 Accommodation Law No person with a disability may be denied admittance to any public facility in the state because of the person's disability. No person with a disability may be denied the use of a white cane, assistance animal, wheelchair, crutches, or other device of assistance. V.T.C.A., Human Resources Code § 121.003
Violation is an offense.
An offense under this subsection is a misdemeanor punishable by:
(1) a fine of not more than $300; and
(2) 30 hours of community service In addition to the penalty above, a person who violates the provisions of Section 121.003 is deemed to have deprived a person with a disability of his or her civil liberties. That person may maintain an action for damages in a court of competent jurisdiction, and there is a conclusive presumption of damages in the amount of at least $300 to the person with a disability. V.T.C.A., Human Resources Code § 121.004
Harassment of/Interference with Service Dogs
Under Title 8, Rights and Responsibilities of Persons with Disabilities:
A person may not assault, harass, interfere with, kill, or injure in any way, or attempt to assault, harass, interfere with, kill, or injure in any way, an assistance animal. V.T.C.A., Human Resources Code § 121.003 Violation is an offense (penalty in previous column). V.T.C.A., Human Resources Code § 121.004 Penal Code: A person commits an offense if the person intentionally, knowingly, or recklessly attacks, injures, or kills an assistance animal. A person commits an offense if the person intentionally, knowingly, or recklessly incites or permits an animal owned by or otherwise in the custody of the actor to attack, injure, or kill an assistance animal and, as a result of the person's conduct, the assistance animal is attacked, injured, or killed. An offense under this section is a: Class A misdemeanor if the actor or an animal owned by or otherwise in the custody of the actor attacks an assistance animal state jail felony if the actor or an animal owned by or otherwise in the custody of the actor injures an assistance animal felony of the third degree if the actor or an animal owned by or otherwise in the custody of the actor kills an assistance animal Violators also owe restitution. V.T.C.A., Penal Code § 42.091
Service Dog Fraud
A person who uses a service animal with a harness or leash of the type commonly used by persons with disabilities who use trained animals, in order to represent that his or her animal is a specially trained service animal when training has not in fact been provided, is guilty of a misdemeanor and on conviction shall be punished by:
(1) a fine of not more than $300; and
(2) 30 hours of community service to be performed for a governmental entity or nonprofit organization that primarily serves persons with visual impairments or other disabilities, or for another entity or organization at the discretion of the court, to be completed in not more than one year. V.T.C.A., Human Resources Code § 121.006