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Old 09-21-2008
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Default Animals as Weapons

After a discussion with GTO, i thought id ask everyone else.

Is there any law against using animals as weapons, ie gangs or criminals using dogs to attack law enforcement, aco's or even the general public?

is it a law on its own, or do you have to be creative with AC laws?
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Old 09-21-2008
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Here are some examples from http://www.dogbitelaw.com/PAGES/crim.html#Top about people have been convicted on assault with a deadly weapon, and even murder for using dogs as weapons.

Edward Leonard -- 14-year-old neighbor used a pit bull to assault him in Detroit
June 7, 2002, Detroit, Michigan. A 14-year-old boy used a pit bull to assault 9-year-old Edward Leonard in Detroit. The dog mauled him, inflicting lacerations that required 63 stitches, and breaking his left arm. The older boy's mother said that the pit bull was trained to attack people carrying bats, sticks and pipes. But that is not what happened, according to police reports, which quoted witnesses as saying that the 14-year-old opened the gate to his backyard and ordered the dog to "sic him!" Charges have been filed, specifically for assault with intent to inflict great bodily injury, and the prosecutors are deciding whether to proceed against the 14-year-old as a minor or as an adult.
Death as first degree murder
It is possible to murder a person with a dog, and for that murder to qualify as first degree murder.
In Cleveland, Ohio, Jeffrey David Mann was convicted of murder for setting a pit bull on the woman he lived with, a 28-year-old mother of two, who died as a result of the mauling in September 1992. (For more information, see the petition to oppose Mann's release on parole.
Interestingly, this pit bull was referred to as "otherwise friendly" -- as are virtually all of the pit bulls that have killed or seriously mauled human beings; see "Mack" on the website Index of Famous Dogs.)
Felony or misdemeanor for using dog as deadly weapon
A dog can be used as a deadly weapon, and such a use therefore can be prosecuted as assault with a deadly weapon.
For example, California courts have held that a dog can be a deadly weapon. In People v. Nealis (1991) 232 Cal.App.3d Supp. 1, the dog was commanded to attack. The court held that the dog was a deadly weapon. In People v. Henderson (1999) 76 Cal.App.4th 453, pit bulls were used to threaten police. The owner was charged with a violation of Penal Code section 417.8 (brandishing a deadly weapon). There was testimony from a dog expert that pit bulls as a breed are capable of inflicting great bodily injury. Under the circumstances of that case, the court held that the dogs were deadly weapons, not necessarily because of their breed, but because the defendant was using them as deadly weapons.
Where the dog is a pit bull or is proved to be vicioius, it is possible to be convicted of assult with a deadly weapon. A woman named Edlyn Joy Hauser, whose pit bull, Benjamin, attacked an animal control officer, was charged with three felony counts of assault with a deadly weapon and intentionally inflicting great bodily harm.
A dog attack can constitute malicious wounding, a felony in some states. See, i.e., Long v. Commonwealth, 379 S.E.2d 473, 8 Va. App. 194 (Va.App. 1989). In the Long case, it also was held that the prosecution is not required to prove that the dog was vicious or trained to attack if the defendant intended to command the dog to attack.
State v. Garnier, 171 Or.App. 564, 16 P.3d 1175 (Or.App. 2000) involved charges of causing physical injury to a certain person by means of a dog bite and creating a substantial risk of serious physical injury to a certain person by failing to control a dog.
The crime of assault generally consists of putting a person in fear of a battery (i.e., an unlawful touching). Therefore this crime can occur even without the dog biting a person. The necessary element is the action or threat that creates the fear.
Assault with a dealy weapon is serious crime. For example, California Penal Code section 245 provides that any person who commits an assault with a deadly weapon or instrument other than a firearm, or by means of force likely to produce great bodily injury, may be punished by imprisonment in state prison for two, three, or four years; or county jail not exceeding one year; or by a fine not exceeding $10,000; or by both the fine and imprisonment.
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Last edited by Getting too old; 09-21-2008 at 03:30 PM. Reason: Found more information
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Old 09-21-2008
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Well, I know here in Chi-town, if a dog attacks a cop, or is used as a weapon against a cop, you will have dead doggy.

To answer your question however, in Illinois, it would be considered to be aggravated assault, a felony, if the dog was used as a weapon against someone. The owner would be arrested. Especially if the dog can possibly inflict severe injury or death upon the victim, it would be looked at like any other assault with a weapon situation.
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Old 09-21-2008
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In California it would be assault with a deadly weapons and a semi creative DA could use weapon enhancements for additional time upon conviction. Of course, I can not disagree with ChicagoACOSupervisor if a cop was involved the dog would be dead.
Look into your statutory crime to person sections and remember the dog is a weapon, no different that a dirk, dagger, knife gun etc..
Be safe !!!

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Old 09-21-2008
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Hey Tedd...

What is a "dirk"???
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Old 09-21-2008
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Double edge normal curve knife, length of no less that 4" from tip to hilt. California law is still weird and old, they've can not simply say a cutting item without any lawful use.

Be safe
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Old 09-22-2008
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We had a female who was prosecuted and sent to the big house for using her pitty on a police officer. We also had a huge lab mix that was euthanized for attacking a police officer when commanded by owner to attack.. He also got time.

Leah
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I left out something, These animals suffered for obeying the owner.. Just not right...

Leah
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Old 09-22-2008
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Quote:
Originally Posted by ChicagoACOSupervisor View Post
Hey Tedd...

What is a "dirk"???
This is my dirk. Our penal code mentions a poniard, which is a long, narrow, triangular blade that they used in medieval days to stick through chain mail, or through the visors of helmets.

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Old 09-22-2008
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Quote:
Originally Posted by TeddN View Post
California law is still weird and old; they cannot simply say a cutting item without any lawful use.
That's cause a lawful use is in the eye of the beholder. I use my dirk all the time for making dinner at the campsite, which is an utterly lawful use, (and the most frequent historical use, too, while we're on the subject). Now, I misdoubt that people spent much time peeling the potatoes with a poniard, euphonistically speaking, but you know some of those aforementioned fast-talking lawyers would try and describe one as a "decorative personal kebab skewer."

P.S., MacBean, you're going all out these days. I'm going to start dredging up my old stuff, see if I don't ...
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