State Dangerous Dog Laws | Animal Legal & Historical Center

Approximately, four to five million Americans are bitten by dogs every year. Of this number, approximately 800,000 Americans seek medical attention for these bites while only 0.0002 of these attacks are fatal. Dog bites are also one of the most popular reasons why children visit the emergency room. Since fatal dog attacks and dog bite injuries are within a State’s public health, safety, and welfare police power standard, 42 states and the District of Columbia currently have statutes that regulate dogs believed to exhibit or engage in violent behaviors (Alaska and Wyoming are included on this table, but the laws are very general and do not necessarily reflect typical Dangerous Dog statutes). These statutes and ordinances are known as Dangerous Dog laws.

While many cities and counties have enacted their own Dangerous Dog ordinances, the table below only details the 42 state and DC's laws. It is recommended that you look through your city or county’s ordinance for Dangerous Dog laws in addition to looking at the statutes listed below.

Actions that Classify a Dog as Dangerous

The definition of “dangerous dog” usually refers to the act or actions of a dog that puts the public or other animals at risk for injury or death. A state may also allow other animals to be declared dangerous as well. The “Definition” column in the table below reveals how each U.S. state defines dangerous dogs.

It is important to note that a Dangerous Dog law might use the phrase "vicious dog" instead of "dangerous dog," even though they are both referring to the same type of actions. However, a state may use a vicious dog classification in addition to a dangerous dog classification in order to distinguish a more serious act.

A Dangerous Dog statute may also have a potentially dangerous dog classification for acts or actions that are less severe than a dangerous/vicious dog classification. A few states include an even lower classification, either a "nuisance" or a "menace" dog, in their Dangerous Dog statutes as well.

The Procedure for Declaring a Dog Dangerous

In addition to providing a definitional section, Dangerous Dog statutes will typically provide a procedural section for determining whether a dog is dangerous, vicious, or potentially dangerous. Declaring a dog as dangerous may involve an administrative, a civil, or a criminal hearing. States like Colorado, Oregon, Pennsylvania, and Virginia use criminal proceedings to declare a dog as dangerous. Colorado, Oregon, and Pennsylvania also define harboring, maintaining, or owning a dangerous dog as a crime. Typically, however, the determination is carried out by a local administrative body or a municipal court. Appeals from a local governmental body’s determination may be heard in a state court, as is the practice in Illinois.

The “Procedure for Determination” column reveals how each state makes a dangerous, vicious, or potentially dangerous dog determination if the state includes any provisions.

Consequences of a Determination

Once a dog has been determined to be dangerous, vicious, or potentially dangerous, the owner typically must follow specific safety precautions to reduce the chance of injury to another person or animal. In Virginia, an owner must register his or her Dangerous Dog on a web registry along with the fees, confinement, microchip, tattoo, leash, and muzzle requirements that are typical requirements for owning a dangerous dog. Pennsylvania also has a webpage with a Dangerous Dog Registry. Georgia prohibits owners from selling or transferring ownership of a vicious dog unless the transfer is to a veterinarian or a governmental body to euthanize the dog. Generally, the safety precautions for a potentially dangerous dog are less restrictive than a dangerous dog determination. The “Conditions for Owning” column reveals the ownership restrictions each state places on a dangerous, vicious, or potentially dangerous dog if any.

Euthanasia

A violation of a dangerous dog statute may cost the animal his or her life. Mandatory euthanization provisions usually involve a dangerous or vicious dog that has attacked and caused death or serious injury to a person or a domestic animal. Although, a state, like Washington, may have a mandatory euthanization provision for a dog whose owner fails to comply with ownership conditions. Ohio is the only state that prohibits an owner from debarking dangerous dogs; if an owner violates this provision, the dog will be destroyed. Virginia, New Jersey, and Louisiana require, after a chance to appeal, all vicious dogs to be euthanized.

Violations that are mandatory euthanization in one state may only be discretionary in another. In New Jersey, for instance, a dog may be euthanized if the owner does not appear for a hearing. In Tennessee, however, a dog will be euthanized if the owner does not appear in court 5 days after receiving notice. For more information, please refer to the "Euthanasia Provisions" column below.

Penalties

In addition to the animal losing his or her life, the owner may also face criminal charges, fines, prohibitions on owning a dog, and imprisonment for violating Dangerous Dog statutes. While misdemeanor offenses are the common penalty for violating dangerous dog statutes, some states have felony provisions. Typically, these felony provisions involve a dog that was previously declared dangerous or vicious, that attacks a person, and that attack results in a serious injury or death (see Florida, Nebraska, and Nevada below). Another common felonious crime occurs when an owner violates dangerous dog ownership conditions and the owner's dog kills or causes serious injury to a person (see Illinois, Georgia, Ohio, and South Carolina below). Oregon has a felony provision for any dog that kills a person, regardless if the dog was previously determined dangerous; Michigan has felony provisions, including an Involuntary Manslaughter charge, for an animal determined dangerous that either kills or causes serious injury to a person. Felony provisions are rarely provided for previously determined dangerous dogs who seriously injure or kill a domestic animal. South Carolina makes it a felony to attempt to sell, offer to sell, breed, buy, or attempt to buy a known dangerous animal.

Please refer to the “Penalties” column for further details on each state’s punishments for Dangerous Dog violations.