A. It is unlawful for the owner of any dog that previously has:
1. When unprovoked inflicted bites on any person or severely injured any person either on public or private property; or
2. When unprovoked created an imminent threat of injury or death to any person,
to permit such dog to run at large or aggressively bite or attack any person while such person is lawfully upon public or private property. Upon conviction, the violator shall be guilty of a misdemeanor punishable by imprisonment in the county jail for not more than one (1) year, or by imposition of a fine not to exceed Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment. In addition, the owner shall be liable for damages as provided in Section 42.1 of Title 4 of the Oklahoma Statutes.
B. The owner of any dangerous dog as defined by Section 44 of Title 4 of the Oklahoma Statutes, or any dog that is described in subsection A of this section, that attacks any person causing the death of such person shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for not more than five (5) years, or by the imposition of a fine not to exceed Twenty-five Thousand Dollars ($25,000.00), or by both such fine and imprisonment.
C. It is unlawful for any person to release any dog upon a law enforcement officer while the officer is in the performance of official duties. Upon conviction, the violator shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for not more than five (5) years, or imprisonment in the county jail for not more than one (1) year, or by imposition of a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.
D. It shall be an affirmative defense to a prosecution pursuant to subsection A or B of this section that the injury or death was sustained by a person who, at the time, was committing a willful criminal act upon the premises of the owner of the dog or was assaulting the owner of the dog.
Added by Laws 2006, c. 262, § 1, emerg. eff. June 7, 2006.
Structure Oklahoma Statutes
§4-30.1. Commercial Pet Breeders and Animal Shelter Licensing Act.
§4-30.5. Application for licensure - Inspection of applicant.
§4-30.6. Requirements for licensure.
§4-30.7. Revocation or suspension of license.
§4-30.8. Expiration and renewal of license.
§4-30.9. Required information updates.
§4-30.10. Disclosure of license.
§4-30.11. Annual report filings.
§4-30.12. Annual health records.
§4-30.13. Prohibited conduct - Penalties.
§4-30.14. State disclosure duties.
§4-30.16. Appropriation of funds.
§4-31. Breeding certificates - Duty to furnish - Contents - Form.
§4-32. Refusal to furnish certificate - Penalty.
§4-42.1. Personal injury by dog - Liability of owner.
§4-42.2. Lawful presence on owner's property, what constitutes - Public place, what is.
§4-42.3. Exceptions to application of act - Existing rights and liabilities.
§4-42.4. Owners of dangerous dogs, bite or attacks on public property - Penalty.
§4-45. Certificate of registration for certain dogs required - Exemption - Fee.
§4-47. Confiscation of dangerous dog - Purpose of act - Other remedies.
§4-85.3. Taking up by landowner or lessee - Investigation - Reports.
§4-85.4. Rights and duties of taker-up.
§4-85.5. Duties of peace officer.
§4-85.6. Sale of unclaimed animals.
§4-85.10. Duty to feed and care for estrays.
§4-85.12. Jurisdiction to settle disputes and claims.
§4-85.13. Claim to ownership of exotic livestock under this chapter - Conditions.
§4-98. Restraint of all domestic animals - Damages for trespass.
§4-99. Failure to keep domestic animals enclosed – Penalties.
§4-132. Removal of stock from distraint without leave of possessor - Penalty - Civil liability.
§4-133. Stock "owner" defined.
§4-135. Proceedings after distraint - Assessment of damages - Notices - Sale - Surplus.
§4-141. Fence viewers - Number - Qualifications - Appointment - Compensation.
§4-145. Opening field for use as commons - Notice.
§4-146. Joinder to partition fence - Payment for or rebuilding of half of fence.
§4-147. Recorded fence division - Effect on owners and successors.
§4-148. Application of term "owner".
§4-150. Fence or improvements on land of another - When not removable.
§4-151. Additional powers of fence viewers.
§4-152. Erection and removal of line fence.
§4-153. Legal proceedings or agreement not barred.
§4-154. Lawful fence - Construction - Material - Height - Tightening.
§4-155. Damages by animals breaking fences - Seizure.
§4-156. Lien of judgment for damages on trespassing stock - Execution.
§4-191. Lien for feeding, grazing and herding.
§4-192. Lien for furnishing feed.
§4-193. Lien for keeping, boarding or training animal - Scope.
§4-194.1. Foreclosure of lien upon a domestic animal.
§4-197. Record of certificates - Compensation of register of deeds.
§4-199. Enforcement of lien by replevin.
§4-201. Proceedings governed by general replevin laws.
§4-201.3. Livestock lien - Existence - Validity.
§4-201.5. Commingled livestock - Priority.
§4-201.6. Transfer of lien due to sale.
§4-201.8. Applicability of act.
§4-201.9. Prohibition of waiver, relinquishment, or release of lien.
§4-201.10. Lien expiration - Commencement of action.
§4-201.11. Preference - Owners right to be paid.
§4-269. Destruction of cattle hides or brands a misdemeanor.
§4-270.2. Enforcement of laws pertaining to livestock brands.
§4-341. Livestock shippers - Right to furnish feed.
§4-342. Refusal to permit lessees of pens to furnish feed - Penalties.
§4-392. Application and issuance of license.
§4-393. Expiration and renewal of licenses.
§4-395. Transportation of dogs - Purposes for which used.
§4-396. Return of dogs subsequently claimed - Immunity from liability.
§4-397. Revocation of licenses.
§4-398. Obtaining dogs from other sources.
§4-399. Rules and regulations - Inspections and investigations.
§4-400. Interpretation and construction of law.
§4-499.2. Spaying or neutering as condition for release of certain animals.
§4-499.3. Refund of deposit upon proof of spaying or neutering.
§4-499.4. Rules - Sterilization agreement.
§4-499.5. Extension of time to spay or neuter.
§4-499.6. Death of adopted animal - Refund of deposited funds.
§4-499.7. Disposition of forfeited funds - Record of accounts.
§4-499.9. Construction of act.
§4-499.10. Failure to comply with act.
§4-501. Disposal of animals kept for pleasure - Method.
§4-503. Carbon monoxide - Administration.
§4-504. Carbon monoxide chambers - Equipment required.
§4-506. Municipality not having proper facilities and personnel - Manner of disposal.
§4-507. Violation of act as nuisance - Injunction - Abatement.
§4-512. Seizure of abandoned or neglected animals - Divestment of ownership.
§4-602. Pet overpopulation – Gifts, grants and donations - Programs.
§4-701. Short title - Care and Disposition of Disaster Animals Act.
§4-704. Transfer to animal shelter.
§4-705. Removal from the state - Penalties.
§4-706. Application and construction of act.
§4-801. Public accommodations – Policy to prohibit animals – Service animal exception.