Is it legal for someone to kill your dog
From Lazer
In Ohio, statutory provisions which forbid the killing or injuring of pets without the owners’ permission do not apply to someone who is “endeavoring to prevent [the pet] from trespassing upon his enclosure, or while it is so trespassing, or while driving it away from his premises” as long as within fifteen days thereafter, payment is made to the pet’s owner for the value of the pet less the amount of damage the pet incurred. OH ST § 959.04. Thus, as long as the property owner provides compensation, he may lawfully shoot a trespassing dog. ... In either scenario, the final decision is left to the jury. ref
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Title IX. Agriculture--Animals--Fences. Chapter 959
959.02 INJURING ANIMALS
No person shall maliciously, or willfully, and without the consent of the owner, kill or injure a horse, mare, foal, filly, jack, mule, sheep, goat, cow, steer, bull, heifer, ass, ox, swine, dog, cat, or other domestic animal that is the property of another. This section does not apply to a licensed veterinarian acting in an official capacity.
959.03 POISONING ANIMALS
No person shall maliciously, or willfully and without the consent of the owner, administer poison, except a licensed veterinarian acting in such capacity, to a horse, mare, foal, filly, jack, mule, sheep, goat, cow, steer, bull, heifer, ass, ox, swine, dog, cat, poultry, or any other domestic animal that is the property of another; and no person shall, willfully and without the consent of the owner, place any poisoned food where it may be easily found and eaten by any of such animals, either upon his own lands or the lands of another.
(1953 H 1, eff. 10-1-53; GC 13362)
959.04 TRESPASSING ANIMALS
Sections 959.02 and 959.03 of the Revised Code do not extend to a person killing or injuring an animal or attempting to do so while endeavoring to prevent it from trespassing upon his enclosure, or while it is so trespassing, or while driving it away from his premises; provided within fifteen days thereafter, payment is made for damages done to such animal by such killing or injuring, less the actual amount of damage done by such animal while so trespassing, or a sufficient sum of money is deposited with the nearest judge of a county court or judge of a municipal court having jurisdiction within such time to cover such damages. Such deposit shall remain in the custody of such judge until there is a determination of the damages resulting from such killing or injury and from such trespass. Such judge and his bondsmen shall be responsible for the safekeeping of such money and for the payment thereof as for money collected upon a judgment.
Blogs Info
Useful Cases
Uebele v. State (1926), 21 Ohio App. 459, 4 Ohio Law Abs. 814, 153 N.E. 215 applies (a dog is not at large or trespassing while trailing rabbits at the command and within call of the owner, even though on the land of another.)
Two counts of injuring animals
Future Steps
- Talk to the Miami County Prosecutor
- GARY NASAL, Prosecutor
- 937-440-5960
- Friday 8:00 AM – 4:00 PM.
- When called they said, charges have to be made from the police
- Talk to lawyer to get information about a case against the killer.
- Place sign at home detailing killer's actions.
- Stand in front of place of business describing the killer.
Lawyers
None of the lawyers seem to want to take an animal cruelty case.
- Elk & Elk
- Said that they do not do animal cruelty cases.
- The Donahey
- Told me to call the county Prosecutor.
- Slater & Zurz
- The Drew Law Firm
- Howard Law Office
- Morrision & Nicholson, LLC
- Maurer Law Offices, LLC
Phone Number
Johnny Lee - 937-473-3433
