Penal Code § 399.5 PC Owning Dogs Trained to Fight, Attack, or Kill in California
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1. What is Penal Code 399.5 PC?
Penal Code § 399.5 PC Law Reads As Followed:
399.5. (a) Any person who owns or has custody or control of a dog that is trained to fight, attack, or kill and who willfully or negligently allows the dog to bite another person on two separate occasions or allows the dog to inflict substantial injury in a single incident, without taking reasonable care to prevent such occurrences, is guilty of a crime.
(b) The crime of owning a dog trained to fight, attack, or kill under Penal Code § 399.5 can be charged as either a misdemeanor or a felony, depending on the circumstances of the case and the owner’s criminal history.
(c) If the defendant is convicted under Penal Code § 399.5, the court may determine the fate of the dog in a separate hearing. The judge has the discretion to order the dog to be removed from the owner’s care or, if deemed necessary to protect public safety, to be euthanized.
2. What are Examples of Penal Code § 399.5 PC
California Penal Code § 399.5 PC is a law designed to hold dog owners accountable for the actions of dogs that have been trained to fight, attack, or kill if those dogs bite or seriously injure people. This law applies when an owner or handler fails to exercise reasonable care in controlling their dangerous dog, leading to multiple bites or a single bite that causes significant injury. To better understand how Penal Code § 399.5 PC applies, let’s explore some examples of scenarios where this law may come into effect.
Example 1: Repeated Bites by a Dangerous Dog
John owns a large, aggressive dog that he has trained for protection. On two separate occasions, the dog bites neighbors who are simply walking past John’s house. In both incidents, the victims sustain injuries, though not severe. John had been warned to keep his dog restrained but did not take any steps to improve security, allowing the dog to roam freely in his yard. Due to the dog’s history of multiple bites and John’s failure to exercise reasonable care, John could be charged under Penal Code § 399.5 PC.
Example 2: Severe Injury from a Single Bite
Sarah owns a dog that she trained to protect her home. One day, while out for a walk, her dog escapes its leash and attacks a passerby. The victim suffers serious injuries, requiring hospitalization. Although the dog had not bitten anyone before, this single incident results in a substantial injury due to Sarah’s failure to properly restrain the dog. Under Penal Code § 399.5 PC, Sarah can face charges because of the significant harm caused by her dog’s attack.
Example 3: Lack of Knowledge of the Dog’s Dangerous Nature
Tom recently adopted a dog from a friend who claimed the dog was well-trained and friendly. However, the dog had secretly been trained for dogfighting. After owning the dog for only a few weeks, it attacks a delivery person, inflicting serious injuries. Since Tom did not know the dog was dangerous and had no reason to believe it would attack, he may have a defense under Penal Code § 399.5 PC, as knowledge of the dog’s dangerous nature is crucial for the owner to be held criminally liable.
Example 4: Failure to Secure the Dog Leading to Injury
Lisa owns a dog trained for personal protection. Although she knew the dog was aggressive, she often let it roam freely in her yard, believing the fence was secure. One day, the dog escapes and bites a person walking by the house, causing significant injuries. Lisa had been negligent in ensuring her dog could not get out. As a result, she could be charged under Penal Code § 399.5 PC for failing to control a dangerous dog, leading to a severe injury.
Example 5: Exemptions for Law Enforcement Officers
Officer Jackson works with a police dog trained to attack and subdue suspects. During a lawful arrest, the dog bites a suspect while Officer Jackson commands it to do so. Although the dog caused injuries, Officer Jackson would not face charges under Penal Code § 399.5 PC because law enforcement officers using trained dogs for official duties are exempt from this statute.
Example 6: Dog Trainer Facing Liability for Dog Attacks
Mark is a professional dog trainer who specializes in training guard dogs. He keeps several highly trained, aggressive dogs at his facility. One day, while Mark is training the dogs, one escapes and attacks a person who had entered the property without permission. Even though the individual trespassed, Mark could still face charges under Penal Code § 399.5 PC if it is determined that he did not exercise ordinary care in securing the dog, leading to the attack.
3. What are the Common Defenses Against Penal Code § 399.5 PC?
Being charged under Penal Code § 399.5 PC for owning a dog trained to fight, attack, or kill can have serious legal consequences, including fines and jail time. However, several defenses can be used to challenge these charges. The key to a successful defense often lies in proving that the defendant was not negligent in controlling the dog or that they were unaware of the dog’s dangerous tendencies. Below are some of the most common defenses against Penal Code § 399.5 PC charges.
1. Lack of Knowledge of the Dog’s Dangerous Nature
One of the primary defenses available under Penal Code § 399.5 PC is that the owner did not know, and had no reason to believe, that the dog was dangerous. For a person to be convicted, they must have known that their dog was trained to fight, attack, or kill, or had aggressive tendencies. If the defendant recently acquired the dog and was unaware of its prior training or behavior, this can be a strong defense.
Example: If a defendant purchased a dog from another individual without knowing that the dog had been trained to fight, they could argue that they had no knowledge of the dog’s dangerous nature, making them less culpable.
2. Victim’s Role in the Attack (Provocation)
Another defense is that the victim’s own actions led to the dog’s aggression. If the victim provoked the dog by taunting, hitting, or otherwise antagonizing it, this could be used as a defense. Penal Code § 399.5 PC holds dog owners liable for attacks that result from negligence, but if the victim’s actions directly caused the attack, the owner may not be at fault.
Example: If a person enters the owner’s yard without permission and teases or threatens the dog, causing it to attack, the defendant may argue that the victim’s actions provoked the dog, negating criminal liability.
3. Reasonable Precautions Were Taken
Penal Code § 399.5 PC requires that the owner fails to exercise ordinary care in controlling their dog for the offense to apply. If the dog owner took reasonable steps to restrain or manage the dog, but the dog escaped or attacked despite those efforts, the defendant may argue that they were not negligent. This could include securing the dog in a fenced yard, using a leash, or keeping the dog in a locked enclosure.
Example: If a dog owner keeps their dog in a fenced yard with a locked gate, but the dog escapes due to a freak accident (such as a storm breaking the fence), the owner could argue that they had taken reasonable precautions to prevent an attack.
4. Exemptions for Law Enforcement and Animal Control Officers
Certain individuals are exempt from criminal liability under Penal Code § 399.5 PC, such as law enforcement officers and animal control officers working with dogs in the line of duty. If the defendant is a police officer or a member of a canine unit, they cannot be charged under this statute if their dog attacks or bites someone during the performance of their official duties.
Example: A police officer using a trained canine to apprehend a suspect would be exempt from prosecution under Penal Code § 399.5 PC, even if the dog bites the suspect, as the officer is using the dog in the course of official duties.
5. The Attack Was an Isolated Incident (No Prior Bites)
For a dog owner to be charged under Penal Code § 399.5 PC, the law typically requires that the dog has bitten someone on two or more occasions or caused substantial injury in a single attack. If the bite in question is the first time the dog has exhibited aggressive behavior, the defendant may argue that they cannot be held criminally liable under this law because the dog had not previously attacked anyone.
Example: If a dog bites a neighbor for the first time, causing minor injuries, the owner could argue that this isolated incident does not meet the criteria of Penal Code § 399.5 PC, particularly if the dog was not previously known to be dangerous.
6. No Probable Cause for Arrest
The Fourth Amendment to the U.S. Constitution protects against unlawful search and seizure, meaning law enforcement must have probable cause to arrest or detain a suspect. If the arrest for violating Penal Code § 399.5 PC was made without probable cause, the defendant could challenge the validity of the arrest. Any evidence gathered as a result of an improper stop or arrest may be excluded from the case, which could lead to the dismissal of the charges.
Example: If police officers arrest a dog owner for an alleged attack without sufficient evidence or justification, the defense could argue that there was no probable cause for the arrest, which may result in the exclusion of key evidence and dismissal of the case.
7. No Substantial Injury
For Penal Code § 399.5 PC to apply in cases where there was only one attack, the injury caused by the dog bite must be substantial. If the injuries sustained were minor or did not require medical treatment, the defendant may argue that the statute does not apply. This could lead to lesser charges or a complete dismissal of the case.
Example: If a dog nips a person but does not break the skin or cause significant injury, the defense could argue that the incident does not rise to the level required under Penal Code § 399.5 PC.
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4. What are The Penalties for Violating Penal Code § 399.5 PC?
Violating California Penal Code § 399.5 PC, which makes it a crime to own, possess, or control a dog trained to fight, attack, or kill, can lead to significant legal consequences. The penalties for this offense depend on the specific circumstances of the case, including the severity of the injury caused by the dog and the defendant’s criminal history. Penal Code § 399.5 PC is classified as a “wobbler” offense, meaning that it can be charged either as a misdemeanor or a felony, depending on the facts of the case.
Misdemeanor Penalties for Violating Penal Code § 399.5 PC
If the crime is charged as a misdemeanor, the penalties can include:
Jail Time: A conviction for a misdemeanor under Penal Code § 399.5 PC can result in up to 1 year in county jail.
Fines: A defendant may be fined up to $10,000. The amount of the fine depends on the details of the case, such as the extent of the injury caused and whether the defendant acted with gross negligence.
Probation: In some cases, the court may grant misdemeanor probation instead of jail time. Probation often comes with conditions, such as community service, attending counseling, or complying with court-ordered restrictions regarding the dog.
Felony Penalties for Violating Penal Code § 399.5 PC
If the offense is charged as a felony, the penalties are more severe. A felony conviction under Penal Code § 399.5 PC can result in:
Jail Time: Felony violations can lead to a sentence of 16 months, 2 years, or 3 years in county jail, depending on the severity of the crime and the defendant’s prior criminal record.
Fines: A felony conviction can also carry fines of up to $10,000.
Probation: In some cases, the court may opt for formal (felony) probation instead of jail time. If granted probation, the defendant must comply with strict conditions, such as routine check-ins with a probation officer, attending mandatory classes, or adhering to regulations related to the ownership of dogs.
Factors That Impact Sentencing
Several factors can influence whether a violation of Penal Code § 399.5 PC is charged as a misdemeanor or felony and the ultimate sentence a defendant receives. These factors include:
Severity of Injury: If the dog’s attack caused significant or life-threatening injuries, the case is more likely to be charged as a felony. Misdemeanor charges are more common in cases where the injuries were minor or non-life-threatening.
Prior Convictions: A defendant’s criminal history plays a significant role in determining the sentence. If the defendant has prior convictions, especially those related to violent crimes or negligence, the prosecutor is more likely to pursue felony charges and recommend harsher penalties.
Extent of Negligence: The court will consider the level of care the owner exercised in controlling the dog. If the defendant showed gross negligence by knowingly allowing a dangerous dog to roam freely, the penalties will likely be more severe. On the other hand, if the owner took some precautions but the attack still occurred, this could result in a reduced sentence.
Additional Consequences
In addition to the legal penalties outlined above, a conviction under Penal Code § 399.5 PC can result in other consequences, including:
The Fate of the Dog: If a defendant is convicted, the court will hold a separate hearing to determine what should happen to the dog. The judge may decide to:
Relocate the Dog: The court could order that the dog be removed from the defendant’s care and placed with another handler or in a facility equipped to deal with dangerous animals.
Euthanize the Dog: In cases where the court believes the dog poses a continuing threat to public safety, the judge may order the dog to be put down.
Civil Liability: In addition to criminal penalties, the dog owner may face a civil lawsuit from the victim. Under California’s strict liability dog bite laws, the owner could be required to compensate the victim for medical bills, lost wages, pain and suffering, and other damages resulting from the dog attack.
Employment Challenges: A felony conviction, in particular, can make it more difficult for the defendant to find employment, as many employers are hesitant to hire individuals with criminal records, especially for jobs involving safety or public trust.
Impact on Animal Ownership: Depending on the case, the court may place restrictions on the defendant’s ability to own or handle dogs in the future, especially if they are deemed unfit to control animals safely.
Legal Defenses to Penal Code § 399.5 PC Charges
There are several defenses available to challenge charges under Penal Code § 399.5 PC. Common defenses include:
Lack of Knowledge: If the defendant was unaware that the dog was dangerous, they cannot be held criminally liable.
Victim’s Provocation: If the victim provoked the dog or otherwise acted irresponsibly, leading to the attack, this can serve as a defense.
Reasonable Care: The defendant can argue that they took reasonable precautions to prevent the dog from attacking, but the incident occurred despite their efforts.
5. What are the Related Offenses To Penal Code § 399.5 PC?
Penal Code § 399.5 PC makes it a crime for a person to own, possess, or control a dog trained to fight, attack, or kill if the dog bites a person multiple times or causes significant injury in one attack. This law holds dog owners accountable when their failure to properly control their trained dog results in harm. However, several related offenses may also be charged alongside, or instead of, a violation of Penal Code § 399.5 PC, depending on the circumstances of the incident.
Below are some common related offenses:
1. Penal Code § 399 PC – Failure to Control a Dangerous Animal
Penal Code § 399 PC is closely related to Penal Code § 399.5 PC and involves the failure to control a dangerous animal, typically a dog, which results in another person suffering serious bodily injury or death. The key difference is that Penal Code § 399 PC does not specifically apply to dogs trained to attack, but rather any dangerous animal that the owner failed to manage responsibly.
Penalties: If the victim suffers serious bodily injury, the offense can be charged as either a misdemeanor or felony (a “wobbler”). If the victim is killed, the offense is charged as a felony. Penalties can include up to 3 years in jail and fines up to $10,000.
2. Penal Code § 597 PC – Animal Cruelty
Penal Code § 597 PC criminalizes acts of animal abuse and cruelty, including intentionally harming, killing, or neglecting an animal. Dogfighting and training dogs to be aggressive may also fall under this statute if the training involves cruelty or mistreatment. Owners who participate in or support dogfighting can be charged with animal cruelty in addition to Penal Code § 399.5 PC.
Penalties: Animal cruelty is a “wobbler” offense, meaning it can be charged as either a misdemeanor or felony. Misdemeanor penalties include up to 1 year in county jail and a fine of up to $20,000. Felony convictions carry potential prison sentences of 16 months, 2 years, or 3 years.
3. Penal Code § 597.5 PC – Dogfighting
Dogfighting, as defined under Penal Code § 597.5 PC, is the crime of owning, training, or using dogs for the purpose of fighting other dogs or animals. If a dog involved in dogfighting causes injury to a person, the owner could face charges under both Penal Code § 399.5 PC and § 597.5 PC. This offense specifically targets individuals who engage in the illegal activity of breeding and training dogs for violent purposes.
Penalties: Dogfighting is a felony offense in California, with penalties that include up to 3 years in state prison and fines of up to $50,000.
4. Penal Code § 245(a)(1) PC – Assault with a Deadly Weapon (ADW)
In some cases, a dog trained to fight, attack, or kill may be considered a “deadly weapon” under California law. If a person uses their dog to intentionally harm or threaten another person, they could face charges under Penal Code § 245(a)(1) PC for assault with a deadly weapon. This charge applies if the dog is used as a weapon in an attack, such as being commanded to bite or maul a victim.
Penalties: Assault with a deadly weapon can be charged as either a misdemeanor or felony. Felony charges carry potential penalties of 2, 3, or 4 years in state prison.
5. Civil Code § 3342 – California Dog Bite Law
In addition to criminal charges under Penal Code § 399.5 PC, a dog owner may also face civil liability under California’s strict liability dog bite law (Civil Code § 3342). This law holds dog owners financially responsible for any injuries caused by their dog, regardless of whether the dog had bitten someone before or the owner was unaware of the dog’s dangerous tendencies.
Civil Penalties: A victim of a dog bite may sue for compensation for medical expenses, lost wages, pain and suffering, and other damages. Civil lawsuits can be filed regardless of whether criminal charges are brought under Penal Code § 399.5 PC.
6. Penal Code § 245.5 PC – Assault with a Deadly Weapon on a School Employee
If a dog trained to fight, attack, or kill is used to assault a school employee, the owner or handler could be charged under Penal Code § 245.5 PC. This law makes it a felony to assault school employees using any deadly weapon, and an aggressive dog could be considered a deadly weapon in this context.
Penalties: Assault on a school employee with a deadly weapon is a serious felony, punishable by 2, 3, or 4 years in state prison.
7. Penal Code § 273.5 PC – Domestic Violence
In cases where a dog trained to attack or kill is used during an incident of domestic violence, the owner could face additional charges under Penal Code § 273.5 PC. This law makes it a felony to inflict injury on a spouse, cohabitant, or intimate partner. If a dog is used as a weapon during a domestic altercation, the defendant could face both domestic violence and Penal Code § 399.5 PC charges.
Penalties: Felony domestic violence can result in up to 4 years in state prison and fines of up to $6,000.
8. Penal Code § 422 PC – Criminal Threats
If a dog trained to attack or kill is used to intimidate or threaten someone, the owner may also face charges under Penal Code § 422 PC for making criminal threats. This law applies when a person threatens another individual with serious harm or death, causing the victim to fear for their safety. Using a dangerous dog to make such threats can result in additional charges.
Penalties: Criminal threats is a “wobbler” offense. Felony convictions carry up to 3 years in state prison.
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