§711-1109.4  Causing injury or death to a service dog.  (1)  A person commits the offense of causing injury or death to a service dog if:

    (a)   The person recklessly causes injury to or the death of any service dog while the service dog is in the discharge of its duties; or

    (b)   The person is the owner of a dog and recklessly permits that dog to attack a service dog while the service dog is in the discharge of its duties, resulting in the injury or death of the service dog.

     (2)  Any person who commits the offense of causing injury or death to a service dog shall be punished as follows:

    (a)   For a first offense by a fine of not more than $2,000, imprisonment of not more than thirty days, or both; and

    (b)   For a second or subsequent offense by a fine of not more than $5,000, imprisonment of not more than thirty days, or both.

     (3)  Any person who is convicted of a violation of this section shall be ordered to make restitution to:

    (a)   The person with a disability who has custody or ownership of the service dog, for any veterinary bills and out-of-pocket costs incurred as a result of the injury to the service dog; and

    (b)   The person or organization that incurs the cost of retraining or replacing the service dog, for the cost of retraining or replacing the service dog if it is disabled or killed.

     (4)  As used in this section, "service dog" shall have the same meaning as in section 347-2.5. [L 2002, c 259, pt of §1; am L 2011, c 175, §9]