Missouri Revised Statutes
Chapter 273 - Dogs — Cats
Section 273.033 - Killing or injuring a dog, reasonable apprehension of imminent harm is an absolute defense.

Effective - 28 Aug 2009
273.033. Killing or injuring a dog, reasonable apprehension of imminent harm is an absolute defense. — 1. In any action for damages or a criminal prosecution against any person for killing or injuring a dog, a showing by a preponderance of the evidence that such person was in reasonable apprehension of imminent harmful contact by the dog or was acting to prevent such imminent harmful contact against another person by the dog shall constitute an absolute defense to criminal prosecution or civil liability for the killing or injuring of such animal.
2. If a person has, on at least two occasions, complained to the county sheriff or to the appropriate animal control authority in his or her jurisdiction that a dog, not on a leash, has trespassed on property that such person owns, rents, or leases or on any property that constitutes such person's residence, and when at least one of the prior two complaints was motivated by reasonable apprehension for such person's safety or the safety of another person or apprehension of substantial damage to livestock or property, then any subsequent trespass by such dog shall constitute prima facie evidence that such person was in reasonable apprehension of imminent harmful contact. The county sheriff or animal control authority to which any complaint under this section is made shall notify the owner of the alleged trespassing dog of such complaint. Failure by a county sheriff or animal control authority to notify a dog owner under this subsection shall not invalidate or be construed in any way to limit any other provision of this subsection.
3. The court shall award attorney's fees, court costs, and all reasonable expenses incurred by the defendant in defense of any criminal prosecution or in any civil action brought by a plaintiff if the court finds that the defendant has an absolute defense as provided in subsection 1 of this section.
4. This section shall not be construed to provide an absolute defense to a person who is engaged in or attempting to engage in a criminal activity at the time of the apprehension of imminent harmful contact, or to a person for any damage or injury to any person or property other than the dog itself that may result from actions taken in an attempt to injure or kill such dog.
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(L. 2009 H.B. 62)

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XVII - Agriculture and Animals

Chapter 273 - Dogs — Cats

Section 273.010 - Dog defined.

Section 273.020 - Recovery of damages for sheep killed — disposition of dog, penalty.

Section 273.030 - Dogs may be killed, when.

Section 273.033 - Killing or injuring a dog, reasonable apprehension of imminent harm is an absolute defense.

Section 273.036 - Owner liable, when — fine, amount.

Section 273.040 - Dog defined.

Section 273.050 - Dog tax, when due.

Section 273.060 - Amount of tax.

Section 273.070 - Issuance of license — plate — certificate — license fees — county dog license fund — purposes.

Section 273.080 - License fastened to dog's collar.

Section 273.090 - License tags and certificates, how furnished.

Section 273.100 - Impounding of dogs — redemption — fees — penalty.

Section 273.110 - Application to recover damages from fund.

Section 273.120 - Examination of applications, pass judgment.

Section 273.130 - Records to be kept — warrants — funds prorated, when.

Section 273.150 - Failure to pay tax — penalty — exceptions.

Section 273.160 - Assessor to list all dogs — notify owner of tax.

Section 273.170 - Applicability of law — petition — election.

Section 273.180 - Repeal of license tax on dogs — procedure.

Section 273.325 - Citation of law — definitions.

Section 273.327 - License annually required to operate animal boarding facilities, pet shops, pounds, dealers and commercial breeders — fees, exemption from fees for certain licensees.

Section 273.329 - Director may refuse to license or may revoke licenses, grounds — operation without license, penalty.

Section 273.331 - Inspection required for license — state veterinarian's duties and authority — provisional license issued until inspection — inspections required annually or on complaint.

Section 273.333 - Investigations conducted, when — violations, administrative procedure — order for remedial action by circuit courts — administrative penalties, amount — penalties, deposit in general revenue — appeals, procedure.

Section 273.335 - Substantial ongoing risk to health and welfare of animals, temporary or permanent injunction — animals in pain or diseased taken into custody for euthanasia, when, costs to licensee.

Section 273.338 - Failure of reinspections after original violation, penalty, amount — payment of penalty required before license renewal.

Section 273.340 - Dealers to purchase only from licensed or exempt persons — violation, penalties.

Section 273.342 - Exemption from licensing requirements, certain persons — registration required annually, content, no fee.

Section 273.344 - Standards and regulations for licensed persons and facilities — director to promulgate rules.

Section 273.345 - Canine Cruelty Prevention Act — citation of law — purpose — required care — definitions — veterinary records — space requirements — severability clause.

Section 273.346 - Director to develop rules for health and veterinary care for animals in custody and facilities of licensees — records to be kept — pounds, major construction not to be required.

Section 273.347 - Court action for enforcement, when — crime of canine cruelty, penalty.

Section 273.348 - Facilities to be open for inspection — quarantine of animals, by state veterinarian, when — quarantine removed, when — removal of animals under quarantine prohibited — disease treatment procedures, duties of state veterinarian — vio...

Section 273.350 - Director to develop rules to include safety standards for motor vehicles transporting live animals — define exotic animals and their care — wildlife not to be included — shipping diseased animals, penalty.

Section 273.352 - Advisory committee, appointment, qualifications — duties to assist in establishing rules — not to receive compensation or expenses — rulemaking procedure.

Section 273.354 - Laws not applicable to hospitals or boarding facility under supervision of veterinarians or research.

Section 273.357 - Animal care reserve fund created — all license fees to be deposited in fund — purpose and uses — lapse to general revenue, prohibited.

Section 273.359 - Stacked cages without impervious barrier prohibited, penalty.

Section 273.400 - Definitions.

Section 273.403 - Sterilization of all cats and dogs adopted or purchased from animal shelters or animal control agencies, procedure.

Section 273.405 - Animal considered sterilized when — exceptions to sterilization requirement — costs to be paid by adopter or purchaser.