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Nevada

West's Nevada Revised Statutes Annotated. Title 15. Crimes and Punishments. Chapter 202. Crimes Against Public Health and Safety. Miscellaneous Crimes Concerning Public Safety. 202.500. Dangerous or vicious dogs: Unlawful acts; penalties.

Statute Details
Printable Version
Citation: N. R. S. 202.500

Citation: NV ST 202.500


Last Checked by Web Center Staff: 01/2014

Summary:   This Nevada statute defines a "dangerous dog," as a dog, that without provocation, on two separate occasions within 18 months, behaves menacingly to a degree that would lead a reasonable person to defend him or herself against substantial bodily harm, when the dog is either off the premises of its owner or keeper or not confined in a cage or pen.  A dog then becomes "vicious" when, without being provoked, it kills or inflicts substantial bodily harm upon a human being.  If substantial bodily harm results from an attack by a dog known to be vicious, its owner or keeper is guilty of a category D felony.  Under the statute, a dog may not be declared dangerous if it attacks as a defensive act against a person who was committing or attempting to commit a crime or who provoked the dog.


Statute in Full:

AMENDED 2013

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 202.500 is hereby amended to read as follows:
<< NV ST 202.500 >>
1. As used inFor the purposes of this section, a dog is:
(a) “Dangerous” if:
(1) It is so declared pursuant to subsection 2; or
(2) Without provocation, on two separate occasions within 18 months, it behavesbehaved menacingly, to a degree that would lead a reasonable person to defend himself or herself against substantial bodily harm, when the dog is:was:
(I) Off the premises of its owner or keeper; or
(II) Not confined in a cage, pen or vehicle.
(b) “Provoked” when it is tormented or subjected to pain.
(c) “Vicious” if:
(1) Without being provoked, it kills or inflictskilled or inflicted substantial bodily harm upon a human being; or
(2) After its owner or keeper hashad been notified by a law enforcement agency that itthe dog is dangerous, it continuesthe dog continued the behavior described in paragraph (a).
2. A dog may be declared dangerous by a law enforcement agency if it is used in the commission of a crime by its owner or keeper.
3. A dog may not be found dangerous or vicious because:
(a) Based solely on the breed of the dog; or
(b) Because of a defensive act against a person who was committing or attempting to commit a crime or who provoked the dog.
4. A person who knowingly:
(a) Owns or keeps a vicious dog, for more than 7 days after the person has actual notice that the dog is vicious; or
(b) Transfers ownership of a vicious dog after the person has actual notice that the dog is vicious,
is guilty of a misdemeanor.
5. If substantial bodily harm results from an attack by a dog known to be vicious, its owner or keeper is guilty of a category D felony and shall be punished as provided in NRS 193.130. In lieu of, or in addition to, a penalty provided in this subsection, the judge may order the vicious dog to be humanely destroyed.
6. A local authority shall not adopt or enforce an ordinance or regulation that deems a dog dangerous or vicious based solely on the breed of the dog.
6. 7. This section does not apply to a dog used by a law enforcement officer in the performance of his or her duty.
8. As used in this section, “local authority” means the governing board of a county, city or other political subdivision having authority to enact laws or ordinances or promulgate regulations relating to dogs.
Approved by the Governor May 24, 2013.

 

Former Text:

1. As used in this section, a dog is:

(a) "Dangerous" if:

(1) It is so declared pursuant to subsection 2; or

(2) Without provocation, on two separate occasions within 18 months, it behaves menacingly, to a degree that would lead a reasonable person to defend himself against substantial bodily harm, when the dog is:

(I) Off the premises of its owner or keeper; or

(II) Not confined in a cage, pen or vehicle.

(b) "Provoked" when it is tormented or subjected to pain.

(c) "Vicious" if:

(1) Without being provoked, it kills or inflicts substantial bodily harm upon a human being; or

(2) After its owner or keeper has been notified by a law enforcement agency that it is dangerous, it continues the behavior described in paragraph (a).

2. A dog may be declared dangerous by a law enforcement agency if it is used in the commission of a crime by its owner or keeper.

3. A dog may not be found dangerous or vicious because of a defensive act against a person who was committing or attempting to commit a crime or who provoked the dog.

4. A person who knowingly:

(a) Owns or keeps a vicious dog, for more than 7 days after he has actual notice that the dog is vicious; or

(b) Transfers ownership of a vicious dog after he has actual notice that the dog is vicious, is guilty of a misdemeanor.

5. If substantial bodily harm results from an attack by a dog known to be vicious, its owner or keeper is guilty of a category D felony and shall be punished as provided in NRS 193.130. In lieu of, or in addition to, a penalty provided in this subsection, the judge may order the vicious dog to be humanely destroyed.

6. This section does not apply to a dog used by a law enforcement officer in the performance of his duty.

Amended by Laws 1967, p. 488; Laws 1993, p. 2887; Laws 1995, p. 1209.

 



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