Full Statute Name:  West's Delaware Code Annotated. Title 11. Crimes and Criminal Procedure. Part I. Delaware Criminal Code. Chapter 5. Specific Offenses. Subchapter VI. Offenses Against Public Administration. Subpart D. Offenses Involving Obstruction of Governmental Operations. § 1250. Offenses against law-enforcement animals

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Primary Citation:  11 Del.C. § 1250 Country of Origin:  United States Last Checked:  January, 2020 Alternate Citation:  DE ST TI 11 § 1250 Date Adopted:  1995 Historical: 
Summary: This Delaware statute penalizes those who harass a law-enforcement animal. The statute states what constitutes assault in the first and second degree against a law-enforcement animal.

(a) Harassment of law-enforcement animals.--(1) A person is guilty of harassment of a law-enforcement animal when such person intentionally harasses, taunts, menaces, challenges or alarms a law-enforcement animal in such a manner as is likely to provoke from such animal a violent, defensive or threatening response, such as lunging, baring of teeth, kicking, spinning or jumping, if such response from the animal causes alarm, distress, fear or risk of injury to any person or to the animal.

(2) Harassment of a law-enforcement animal is an unclassified misdemeanor. 

(b) Assault in the second degree against a law-enforcement animal.--(1) A person is guilty of assault in the second degree against a law-enforcement animal when such person intentionally or recklessly engages in conduct which creates a substantial risk of physical injury or death to a law-enforcement animal, including, but not limited to, beating, poisoning or torturing such animal.

(2) Assault in the second degree against a law-enforcement animal is a class A misdemeanor.

(c) Assault in the first degree against a law-enforcement animal.--(1) A person is guilty of assault in the first degree against a law-enforcement animal when such person intentionally or recklessly causes serious physical injury or death to such law-enforcement animal.

(2) Assault in the first degree against a law-enforcement animal is a class D felony.

(d) "Law-enforcement animal" defined.--For purposes of this section, the words "law-enforcement animal" shall mean any animal, including, but not limited to, canines, K-9 dogs and horses utilized by any law-enforcement officer, including any corrections officer, in the performance of such officer's duties.

Credits

68 Laws 1991, ch. 116, § 2. Amended by 70 Laws 1995, ch. 54, § 1, eff. June 13, 1995.

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