Any laws regarding use of force against animals on your property?

[trinitrotoluene85]

My cousin has run into a bit of a problem. She doesn't live in this state (she actually lives in one of the Carolina's, but I'm not sure which one), and I'm curious what if any laws Indiana has regarding a situation like this.

My cousin says that she cannot go outside her own home because her neighbors "muddy Husky" will come over, jump on her and her children (her children are small enough that it could easily knock them down/hurt them), and bite her and her kids. She says that the bites haven't broken the skin. She called the police who told her it was a civil matter, not a criminal matter, and they wouldn't get involved. She called animal control and she says they said, "I'm not going to come get him because he hasn't broken the skin."

I've heard of similar things happening in Indiana, and the home owner has shot and maimed or killed the dog, but I've never heard if any charges were brought against the home owner. I try to think if it were a human simply trespassing, that you wouldn't be justified in shooting them. If that human were coming to attack you and you felt in danger, then I believe that would be justified. But with the Indiana castle doctrine, I don't think you'd be allowed to go in the house, go get a gun, go back outside, and wait for the animal to come (or human, whichever the case may be). That just sounds like a lawsuit waiting to happen, or possible criminal charges for a negligent discharge of a firearm, or some other charge.

So, back to the question, are there any laws and/or cases that have dealt with issues like this? Other interpretations of Indiana law regarding situations like this? And if anyone can find the law's in the Carolina's regarding stuff like this, that'd be even better.

 

[ruger1800]

You can legally kill a dog in Indiana for bothering or attacking livestock, judgement will tell you what to do if a dog is going to cause bodily harm.
Sounds like the muddy husky is a pup or has been raised to rufhouse with humans, would have already broke skin if it was actually attacking.

 

[SEIndSAM]

Electric stun gun????

 

[Momof6]

I look forward to hearing the answer to this question, or being pointed in the right direction to find out the answer. When we first moved into this house a year ago, pit bulls lived next door, and cornered my children on several occasions. It's a moot point now, the dogs are gone, but I've always wondered what my rights would have been.

And just to be clear, I'm not against pit bulls as a breed, so I don't want to start that kind of argument. Any dog can be a threat, what are my rights in handling that threat? My children and I go down in the gorge for walks and runs, and sometimes up on the Cardinal Greenway that runs behind my house, and stray dogs are definitely a concern.

 

[Cpl. Klinger]

South Carolina is a stand your ground state, and NC is a castle doctrine state (see http://www.ncleg.net/Sessions/2011/Bills/House/PDF/H650v6.pdf). While both laws refer to the use of deadly force against a person, I would reason that the same could be extended to animals as well. If your cousin has called the police and animal control and they have said they will not do anything, and they really fear that the dog will do some damage at some point in the future, they may want to check with an attorney to see if there is a polite and legal way of informing the neighbor that if the dog is not leashed and contained, and continues to come onto their property, that they may at any time use deadly force to protect themselves from the dogs under the state castle doctrine/stand your ground laws. The owners of the dogs are idiots and should not be allowed to have an animal if they cannot contain their animal to their property on a consistent basis (baring accidents and such, I know animals will be animals). Of course, IANAL and YMMV, but that sounds like a reasoned approach. However, this will be a guaranteed way to start having a pissed off neighbor that will make their lives h$*%.

 

[Rollerman]

Has your cousin talked to the dogs owner?
If the dogs attacking in a threatening way, I would say she would have a right to protect herself & her children on her property.
Maybe a shot of pepper spray will teach the dog to mind, but then really the dogs owners should be controlling their animal.

 

[jeremy]

Just shoot the offending Dog...

 

[jve153]

i am willing to bet the dog is not trying to cause harm like was said above. however, unwanted physical contact is still illegal. i would recommend having a nice chat with neighbor, politely expressing your concerns and see where that gets you. if that does not work, i would contact and attorney as recommended above to see what your other options are. i dont think this dog needs to die, but you do not need to be confined to your house out of fear that your kids are going to get knocked over.
a friend of mine's neighbor had a white cat that would come across the street and walk all over his vehicles, he asked the neighbor to keep the cat on his own property and the neighbor told him that the cat never went over there. after a few of these exhanges, my friend shot up the cat with a paintball gun. pink cat runs back across street, through doggie door and gets pink paint all over offending neighbors property. neighbor comes over angry, friend simply asked him "i couldnt have done it because you cat is never over here" problem solved

 

[trinitrotoluene85]

I know my cousin has talked to the dog owner, and I agree that this person probably shouldn't own a dog. The owners response was something along the lines of, "What do you expect me to do? I can't leave the dog in the house while I'm gone, and when I get home, I don't want the muddy dog in the house." Implying that the dog gets muddy when it's outside and they're not home.... DUH!!! Of course this also basically states that the owner has no intention of trying to control the dog.

And I am a dog person. I currently own 3, and have owned dogs all my life. I know full well that if that husky wanted to hurt a person, it would have no trouble breaking the skin, and seriously hurt someone, especially a child. So I'm reasonably confident that dog is just trying to play/rough house, and not actually hurt any one.

I just don't get why we can't all just be respectful of one another, especially our neighbors, but even I have some serious problems with a few of my neighbors, but that's for another post entirely. I like the idea of the paintball gun and/or pepper spray, but realistically, the lawyer is probably the way to go.

Thanks for all your help. If you have more suggestions, please feel free to keep them coming.

 

[patience0830]

I still like the stun gun.


But use it on the neighbor.

And if your dog comes to my house and harasses MY kids, it's gonna become MY dog. And I'm putting it to sleep.

 

[pirate]

Liberty, is that you? :smile:


paging Liberty!

 

[MickeyBlueEyes]

​

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 SESSION LAW 2011-268 HOUSE BILL 650
[FONT=IDAutomationHC39M,ID Automation HC 39 M][FONT=IDAutomationHC39M,ID Automation HC 39 M]*H650-v-6*
[/FONT][/FONT][FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]AN ACT TO PROVIDE WHEN A PERSON MAY USE DEFENSIVE FORCE AND TO AMEND VARIOUS LAWS REGARDING THE RIGHT TO OWN, POSSESS, OR CARRY A FIREARM IN NORTH CAROLINA.
The General Assembly of North Carolina enacts:
[/FONT][/FONT]SECTION 1. Article 14 of Chapter 14 of the General Statutes is amended by adding the following new sections to read:
"§ 14-51.2. Home, workplace, and motor vehicle protection; presumption of fear of death or serious bodily harm.
(a) The following definitions apply in this section:
(1) Home. – A building or conveyance of any kind, to include its curtilage, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed as a temporary or permanent residence.
(2) Law enforcement officer. – Any person employed or appointed as a full-time, part-time, or auxiliary law enforcement officer, correctional officer, probation officer, post-release supervision officer, or parole officer.
(3) Motor vehicle. – As defined in G.S. 20-4.01(23).
(4) Workplace. – A building or conveyance of any kind, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, which is being used for commercial purposes.
(b) The lawful occupant of a home, motor vehicle, or workplace is presumed to have held a reasonable fear of imminent death or serious bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or serious bodily harm to another if both of the following apply:
(1) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a home, motor vehicle, or workplace, or if that person had removed or was attempting to remove another against that person's will from the home, motor vehicle, or workplace.
(2) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.
(c) The presumption set forth in subsection (b) of this section shall be rebuttable and does not apply in any of the following circumstances:
(1) The person against whom the defensive force is used has the right to be in or is a lawful resident of the home, motor vehicle, or workplace, such as an owner or lessee, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person.
(2) The person sought to be removed from the home, motor vehicle, or workplace is a child or grandchild or is otherwise in the lawful custody or under the lawful guardianship of the person against whom the defensive force is used.
(3) The person who uses defensive force is engaged in, attempting to escape from, or using the home, motor vehicle, or workplace to further any criminal offense that involves the use or threat of physical force or violence against any individual. Page 2 Session Law 2011-268 SL2011-0268
(4) The person against whom the defensive force is used is a law enforcement officer or bail bondsman who enters or attempts to enter a home, motor vehicle, or workplace in the lawful performance of his or her official duties, and the officer or bail bondsman identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer or bail bondsman in the lawful performance of his or her official duties.
(5) The person against whom the defensive force is used (i) has discontinued all efforts to unlawfully and forcefully enter the home, motor vehicle, or workplace and (ii) has exited the home, motor vehicle, or workplace.
(d) A person who unlawfully and by force enters or attempts to enter a person's home, motor vehicle, or workplace is presumed to be doing so with the intent to commit an unlawful act involving force or violence.
(e) A person who uses force as permitted by this section is justified in using such force and is immune from civil or criminal liability for the use of such force, unless the person against whom force was used is a law enforcement officer or bail bondsman who was lawfully acting in the performance of his or her official duties and the officer or bail bondsman identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer or bail bondsman in the lawful performance of his or her official duties.
(f) A lawful occupant within his or her home, motor vehicle, or workplace does not have a duty to retreat from an intruder in the circumstances described in this section.
(g) This section is not intended to repeal or limit any other defense that may exist under the common law.
"§ 14-51.3. Use of force in defense of person; relief from criminal or civil liability.
(a) A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that the conduct is necessary to defend himself or herself or another against the other's imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat in any place he or she has the lawful right to be if either of the following applies:
(1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another.
(2) Under the circumstances permitted pursuant to G.S. 14-51.2.
(b) A person who uses force as permitted by this section is justified in using such force and is immune from civil or criminal liability for the use of such force, unless the person against whom force was used is a law enforcement officer or bail bondsman who was lawfully acting in the performance of his or her official duties and the officer or bail bondsman identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer or bail bondsman in the lawful performance of his or her official duties.

 

[MickeyBlueEyes]

South Carolina Law Enforcement Division.

PROTECTION OF PERSONS AND PROPERTY ACT
The stated intent of the legislation is to codify the common law castle doctrine, which recognizes that a person’s home is his castle, and to extend the doctrine to include an occupied vehicle and the person’s place of business. This bill authorizes the lawful use of deadly force under certain circumstances against an intruder or attacker in a person’s dwelling, residence, or occupied vehicle. The bill provides that there is no duty to retreat if (1) the person is in a place where he has a right to be, including the person’s place of business, (2) the person is not engaged in an unlawful activity, and (3) the use of deadly force is necessary to prevent death, great bodily injury, or the commission of a violent crime. A person who lawfully uses deadly force is immune from criminal prosecution and civil action, unless the person against whom deadly force was used is a law enforcement officer acting in the performance of his official duties and he identifies himself in accordance with applicable law or the person using deadly force knows or reasonably should have known the person is a law enforcement officer.
H.4301 (R412) was signed by the Governor on June 9, 2006.

 

[pute62]

Had a guy who lived across the road from me years ago who had a dog that liked to come to our yard to use the bathroom.One day I shot it with 22 birdshot and as it happens, the guy was outside and saw me.He came over all puffy chested and said "what the hell you doing shooting my dog?" I explanded to him I didn't have any dogs and didn't care to step in dogs**t when I walked around my own yard. I told him I shot his dog with birdshot but next time the dog would not make it back home. I went on to tell him that it wasn't the dogs fault and he should make arrangements to better control his dog.He called the Sheriff and when they showed up the officer informed him that I was well within my right to shoot the dog because it was on my property and to take it as fair warning.When he theatened to sue me, the officer wrote him a ticket for dog running at large.

 

[lrahm]

Pepper spray is a good idea. I had a neighbor's dog that use to bark all night. I sprayed it with pepper spray and it ran inside. After about the third night, the sound of the dog hearing me shake the can was enough. Plus the owners couldn't understand why they started sneezing and gasping everytime the dog came inside.Works real well.

 

[singlestacksig]

indiana

IC 35-46-3-12
Torture or mutilation of a vertebrate animal; killing a domestic animal
Sec. 12. (a) This section does not apply to a person who euthanizes an injured, a sick, a homeless, or an unwanted domestic animal if:


--------------------------------------------------------------------------------
(1) the person is employed by a humane society, an animal control agency, or a governmental entity operating an animal shelter or other animal impounding facility; and
(2) the person euthanizes the domestic animal in accordance with guidelines adopted by the humane society, animal control agency, or governmental entity operating the animal shelter or other animal impounding facility.
(b) A person who knowingly or intentionally beats a vertebrate animal commits cruelty to an animal, a Class A misdemeanor. However, the offense is a Class D felony if:
(1) the person has a previous, unrelated conviction under this section; or
(2) the person committed the offense with the intent to threaten, intimidate, coerce, harass, or terrorize a family or household member.
(c) A person who knowingly or intentionally tortures or mutilates a vertebrate animal commits torturing or mutilating a vertebrate animal, a Class D felony.
(d) As used in this subsection, "domestic animal" means an animal that is not wild. The term is limited to:
(1) cattle, calves, horses, mules, swine, sheep, goats, dogs, cats, poultry, ostriches, rhea, and emus; and
(2) an animal of the bovine, equine, ovine, caprine, porcine, canine, feline, camelid, cervidae, or bison species.
A person who knowingly or intentionally kills a domestic animal without the consent of the owner of the domestic animal commits killing a domestic animal, a Class D felony.
(e) It is a defense to a prosecution under this section that the accused person:
(1) reasonably believes the conduct was necessary to:
(A) prevent injury to the accused person or another person;
(B) protect the property of the accused person from destruction or substantial damage; or
(C) prevent a seriously injured vertebrate animal from prolonged suffering; or
(2) engaged in a reasonable and recognized act of training, handling, or disciplining the vertebrate animal.
(f) When a court imposes a sentence or enters a dispositional decree under this section, the court:
(1) shall consider requiring:
(A) a person convicted of an offense under this section; or
(B) a child adjudicated a delinquent child for committing an act that would be a crime under this section if committed by an adult;
to receive psychological, behavioral, or other counseling as a part of the sentence or dispositional decree; and
(2) may order an individual described in subdivision (1) to receive psychological, behavioral, or other counseling as a part of the sentence or dispositional decree.
As added by P.L.193-1987, SEC.15. Amended by P.L.41-1998,
SEC.2; P.L.132-2002, SEC.1; P.L.7-2007, SEC.1; P.L.171-2007, SEC.10; P.L.111-2009, SEC.14

 

[nsheepdog]

I agree with this assessment. Try non-lethal methods first, and there are plenty.

However, I shot a pit-bull near Carmel last spring. Long story short, it was a stray and attacked my neighbor. When I arrived at his place after a call for help, he was bloody and was on the ground with the dog. I shot the dog with my 9mm Glock. The sheriffs arrived made some reports and got first aid for my neighbor. It turned out well, except for the dog.

i am willing to bet the dog is not trying to cause harm like was said above. however, unwanted physical contact is still illegal. i would recommend having a nice chat with neighbor, politely expressing your concerns and see where that gets you. if that does not work, i would contact and attorney as recommended above to see what your other options are. i dont think this dog needs to die, but you do not need to be confined to your house out of fear that your kids are going to get knocked over.
a friend of mine's neighbor had a white cat that would come across the street and walk all over his vehicles, he asked the neighbor to keep the cat on his own property and the neighbor told him that the cat never went over there. after a few of these exhanges, my friend shot up the cat with a paintball gun. pink cat runs back across street, through doggie door and gets pink paint all over offending neighbors property. neighbor comes over angry, friend simply asked him "i couldnt have done it because you cat is never over here" problem solved

 

[Hookeye]

S S S

 

[MikeDVB]

If you do consult an attorney, let us know what they say.

 

[ggglobert9]

Try this...Get a squirt bottle and fill it with water just about to the top and then add a couple of spoonfulls of ammonia. Cheap simple and non-lethal but very effective and lasts a long time. Spray directly into dogs eyes or nares and the on his pink backsided mucosa as he retreats...screaming! Lots cheaper that a one time pepper spray.