CHAPTER 54

FORMERLY

HOUSE BILL NO. 105

AN ACT TO AMEND SUBCHAPTER VI, CHAPTER 5, TITLE 11 OF THE DELAWARE CODE RELATING TO OFFENSES AGAINST PUBLIC ADMINISTRATION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend §1250, Subchapter VI, Chapter 5, Title 11 of the Delaware Code by deleting said Section in its entirety and by substituting in lieu thereof the following new Section:

"§1250. Offenses Against Law-enforcement Animals.

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

(a) Assault in the second degree against a law-enforcemnt animal. 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.

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

(b) Assault in the first degree against a law-enforcement animal. 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.

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

(c) For purposes of this section, the words 'Mw-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."

Approved June 13, 1995