Failing to Control A Dangerous Animal charges may apply to any persons owning or having custody or control of a mischievous animal. Owners must know the animal’s propensities, and willfully allow it to go at large or be not kept with ordinary care. If the animal kills or causes serious bodily injury to any human being, who has taken all the precautions that the circumstances permitted, may be charged with a felony.
What does the prosecutor have to prove?
1. Defendant owned or had is his or her custody or control a mischievous animal.
2. Defendant, knowing its propensities, willfully suffered it to go at large, or kept it without ordinary care.
3. The animal caused serious bodily injury to a human being.
4. The human being took all precautions the circumstances permitted or which a reasonable person would ordinarily take in the same situation.
With probation 0-364 days
Misdemeanor: 0-364 days