Dog Bite Criminal Charges by State (2026)

A dog owner can be charged with a crime after a bite, but most bites never lead to one. Charges usually follow only when the dog had already been declared dangerous, the owner broke a court order or leash law, or the attack caused serious injury or death; then the charge can range from a fine-only violation to a felony and, in fatal cases, manslaughter or murder ⁵ ² ³.

Every state sets its own rules, and they differ more here than anywhere else in dog bite law. This guide explains the three ways states charge owners, what prosecutors must prove, the leading appellate cases, and every state’s rule in one table. It is general information, not legal advice. The civil claim for damages is a separate case, covered in dog bite laws by state.

When can a dog owner be charged after a bite?

Most state criminal laws punish the owner’s conduct, not the bite itself. The typical elements are a dog with a known history, an owner who knew it, a failure to confine or control the dog, and a serious result. Texas is a clear example. An owner who, with criminal negligence, fails to secure a dog that makes an unprovoked attack off the owner’s property causing serious bodily injury commits a third-degree felony, and a second-degree felony if the victim dies ⁵.

Charges tend to turn on four facts:

The dog’s history. Many statutes apply only to a dog already declared dangerous or vicious, or one the owner knew had attacked before ⁶ ¹³.
The owner’s mental state. Statutes use negligence, criminal negligence, recklessness or knowledge, and each is a different standard ¹⁴ ²⁶.
Where it happened. Some crimes require that the dog was at large or off the owner’s property ⁵ ¹¹.
The injury. Penalties climb from bodily injury to serious bodily injury to death ³⁰.

An ordinary first bite by a dog with no history, on the owner’s property, rarely meets these elements. It can still bring a citation under a leash, licensing or rabies-control rule, and it starts the records that matter if the dog bites again. See my dog bit someone for the full sequence.

Three ways states charge owners

The state laws fall into three broad groups. The table below gives each state’s rule, with a link to its dangerous-dog page.

Dog-attack felonies

Many states have a felony written for dog attacks that seriously injure or kill. In Washington, the owner of any dog that aggressively attacks and causes severe injury or death commits a class C felony if the state proves the owner knew or should have known the dog was potentially dangerous ⁹. Tennessee makes it a Class E felony when a dog running at large causes serious bodily injury and a Class D felony when it causes death; reasonable care is an affirmative defense at the felony levels ¹¹.

Some felonies need a prior finding. In Florida, if a dog already declared dangerous seriously injures or kills a person, the owner commits a second-degree felony, a level raised by the Pam Rock Act in 2025 ⁶ ⁷. Alabama splits the same way: a Class B felony if a declared dangerous dog causes serious physical injury or death, and a Class C felony if the dog was never declared but the owner knew of its dangerous propensities and acted with reckless disregard ²⁹. In Ohio, negligently failing to stop an unprovoked attack that kills or seriously injures someone is a third-degree misdemeanor on a first offense, but a third-degree felony if the dog was already designated dangerous or vicious ⁸.

Others turn on what the owner knew. Under California Penal Code § 399, an owner who knows a dog is dangerous and lets it run loose or fails to use ordinary care commits a felony if it kills a person ¹. Michigan treats the owner of a dangerous animal that kills a person as guilty of involuntary manslaughter ¹⁰. Virginia makes it a Class 6 felony when an owner’s gross, wanton and culpable conduct in controlling a dog causes an attack that seriously injures a person ¹². Arizona, Colorado, Delaware, Hawaii, Missouri, Nevada and Oregon also have dog-specific felonies ²⁶ ¹⁵ ³² ²⁸ ³⁰ ³¹ ²⁷.

Two states wrote homicide statutes around animals. Mississippi makes it manslaughter when a dog the owner knew to be mischievous kills a person and the owner willfully let it go at large or kept it without ordinary care ¹⁷. Minnesota treats a death caused by an animal known to be vicious as second-degree manslaughter, punishable by up to 10 years ¹⁸.

Misdemeanors tied to dangerous-dog rules

In other states the dog law stops at a misdemeanor, usually for breaking a dangerous-dog order. New York imposes a civil penalty of up to $400 for a bite caused by the owner’s negligence, or $1,500 for serious physical injury. If a dog already declared dangerous causes serious physical injury through the owner’s negligence, it is a misdemeanor with up to 90 days in jail ¹³. North Carolina makes an attack by a dangerous dog that needs more than $100 of medical treatment a Class 1 misdemeanor, and its dangerous-dog article contains no felony ³⁵.

A misdemeanor is not always minor. In Pennsylvania, an aggressive attack causing severe injury or death through the owner’s intentional, reckless or negligent conduct is a first-degree misdemeanor, punishable by up to five years in prison ¹⁴.

No dog-specific crime: general offenses

Some states have no crime written for dog attacks, but their general criminal laws still apply. Wyoming defines “deadly weapon” to include an animal, so knowingly using a dog to injure someone can be aggravated assault, and a death caused recklessly can be manslaughter ²⁰. Montana can charge negligent homicide when an owner’s negligence causes a death ²¹. In Iowa, involuntary manslaughter can be charged for reckless conduct that causes a death ³⁴.

At the other end, some states use civil penalties only. Wisconsin sets forfeitures of $50 to $2,500 when a dog injures a person, rising to $200 to $5,000 if the owner knew of an earlier injury ²². New Hampshire treats a vicious-dog offense as a violation, not a crime ²³. In New Jersey, a bill introduced in the 2024–2025 session to create criminal offenses noted that existing law does not explicitly impose criminal culpability on owners ²⁴.

Every state’s criminal rule

This table gives the owner’s criminal exposure in each state and D.C. when a dog seriously injures or kills a person, from the state files reviewed in October 2026. Each row links the state’s dangerous-dog page, where the full rule and statute are cited.

Owner's criminal exposure when a dog seriously injures or kills a person (state files reviewed October 2026)
State	Rule
Alabama	An owner whose previously declared dangerous dog causes serious physical injury or death commits a Class B felony; if the dog was not declared but the owner knew of its dangerous propensities and acted with reckless disregard, it is a Class C felony.
Alaska	Alaska has no crime specific to a dog attack.
Arizona	The owner of a dog with a known history of biting, or found vicious by a court, commits a class 5 felony if it bites or attacks a person while at large; deliberately causing a dog to inflict serious injury is a class 3 felony.
Arkansas	Arkansas has no crime written for dog attacks.
California	Under Penal Code § 399, an owner who knows a dog is dangerous and lets it run loose or fails to use ordinary care commits a felony if it kills a person, and a misdemeanor or felony if it causes serious bodily injury.
Colorado	Owning a dangerous dog that injures a person is a class 2 misdemeanor; serious bodily injury is a class 1 misdemeanor (a class 6 felony on a second offense); a death is a class 5 felony, punishable by one to three years and a fine of $1,000 to $100,000.
Connecticut	Failing to comply with a final restraint or disposal order is a class D misdemeanor (up to 30 days and a $250 fine).
Delaware	Under 11 Del.
District of Columbia	Violating the registration or confinement rules for a dangerous or potentially dangerous dog is a misdemeanor: up to $500 and 90 days for a first offense, up to $1,000 and 90 days after that.
Florida	If a dog already declared dangerous seriously injures or kills a person, the owner commits a second-degree felony (raised by the 2025 Pam Rock Act); an unprovoked bite by a declared dog is a first-degree misdemeanor.
Georgia	Most violations of the law are misdemeanors.
Hawaii	Negligent failure to control a dangerous dog is a misdemeanor when a bite injury results from breaking the owner rules or the dog injures a person.
Idaho	Owning a dog found dangerous or at risk without complying with the court's order is a misdemeanor.
Illinois	If a vicious dog kept outside its required enclosure, or not spayed or neutered, makes an unprovoked attack that seriously injures or kills someone, the owner commits a Class 3 felony, or a Class 2 felony if the owner knowingly let it run at large.
Indiana	An owner who recklessly, knowingly or intentionally fails to restrain a dog that leaves the owner's property and bites someone without provocation commits a Class C misdemeanor.
Iowa	Iowa has no state crime for owning a dog that injures or kills someone.
Kansas	Permitting a dangerous animal to be at large, by an owner or custodian who knows of its vicious propensities, is a class B nonperson misdemeanor: up to six months in jail and a fine of up to $1,000.
Kentucky	Harboring a dog found to have attacked a person off the owner's premises carries a fine of $50 to $200, 10 to 60 days in jail, or both.
Louisiana	If a dog kills a person and the owner was reckless and criminally negligent in confining or restraining it, the owner commits negligent homicide, punishable by up to 10 years and a $5,000 fine.
Maine	Keeping a dog the court has declared dangerous or a nuisance is a civil violation with a $250 to $5,000 fine.
Maryland	Breaking the § 10-619 confinement, leash-and-muzzle or transfer-notice rules for a dangerous dog is a misdemeanor with a fine of up to $2,500.
Massachusetts	Chapter 140 punishes failure to comply with a dangerous-dog or nuisance-dog order: up to $500 and 60 days in jail for a first offense, up to $1,000 or 90 days for a later one.
Michigan	If a dog that meets the dangerous-animal definition kills a person, the owner is guilty of involuntary manslaughter under MCL 750.321; a serious injury is a felony punishable by up to 4 years, a fine of at least $2,000, or 500 hours of community service.
Minnesota	Letting a dog run uncontrolled or failing to confine it, causing great or substantial bodily harm, is a misdemeanor, and a gross misdemeanor for a repeat with the same dog.
Mississippi	If a dog the owner knew to be mischievous kills a person who took reasonable precautions, and the owner willfully let it go at large or kept it without ordinary care, the owner is guilty of manslaughter under § 97-3-45.
Missouri	Keeping a dangerous dog (a dog that has bitten before and bites again) is a class B misdemeanor, a class A misdemeanor if the attack causes serious injury, a class E felony if both attacks caused serious injury, and a class D felony if a person dies.
Montana	Violating a county vicious-dog ordinance is a misdemeanor.
Nebraska	Breaking the dangerous-dog rules is a Class IV misdemeanor.
Nevada	Knowingly keeping a vicious dog more than 7 days after actual notice, or transferring it, is a misdemeanor.
New Hampshire	A vicious-dog offense is a violation, not a crime: a $400 civil forfeiture the first time and $1,000 for a second within 12 months, and the owner is liable for all of the victim's medical bills.
New Jersey	No New Jersey statute makes a serious or fatal dog attack a crime in itself.
New Mexico	If a dangerous or potentially dangerous dog causes serious injury to a person without provocation, the owner commits a third-degree felony; if it kills a person, a third-degree felony resulting in death.
New York	An owner whose dog bites through the owner's negligence faces a civil penalty of up to $400, or $1,500 for serious physical injury.
North Carolina	An owner of a dangerous dog that attacks a person and causes injuries needing more than $100 of medical treatment commits a Class 1 misdemeanor.
North Dakota	No North Dakota statute makes a dog attack a crime in itself.
Ohio	An owner who negligently fails to stop an unprovoked vicious dog act (killing or seriously injuring a person) commits a third-degree misdemeanor on a first offense, even if the dog had no history; if the dog was already designated dangerous or vicious, it is a third-degree felony.
Oklahoma	If a dangerous dog, or a dog that has already bitten or threatened a person, kills someone, the owner commits a Class D1 felony, with prison of up to five years and a fine of up to $25,000.
Oregon	Maintaining a dangerous dog (failing, with criminal negligence, to prevent a serious injury or death) is a Class A misdemeanor, up to 364 days and $6,250.
Pennsylvania	If a dog aggressively attacks and causes severe injury or death to a person through the owner's intentional, reckless or negligent conduct, the owner commits a first-degree misdemeanor, punishable by up to five years in prison.
Rhode Island	Chapter 4-13.1 punishes owners with fines rather than jail: $1,000 when a declared vicious dog attacks or injures a person, $1,000 for each later attack, and $550 for keeping one without the required insurance, enclosure or identification.
South Carolina	The owner of a dangerous animal that makes an unprovoked attack injuring a person off its confinement commits a misdemeanor punishable by up to $5,000 or three years for a first offense; a second or later offense is a felony with up to $10,000 or five years.
South Dakota	No South Dakota statute makes it a specific crime when a dog injures or kills a person.
Tennessee	If a dog running at large causes serious bodily injury, the owner commits a Class E felony; if it causes death, a Class D felony.
Texas	If an owner with criminal negligence fails to secure a dog and it makes an unprovoked attack off the owner's property that causes serious bodily injury, the owner commits a third-degree felony; a second-degree felony if the victim dies.
Utah	Under Utah Code § 76-13-212, the owner of a vicious animal who knows its propensities and lets it run at large, or keeps it without ordinary care, commits a class B misdemeanor if it injures a person or animal, and a third-degree felony if it kills a person.
Vermont	Vermont has no crime specific to dog attacks.
Virginia	An owner whose willful act or omission in controlling a dog is so gross, wanton and culpable as to show reckless disregard for human life, and which causes an attack that seriously injures a person, commits a Class 6 felony.
Washington	The owner of any dog that aggressively attacks and causes severe injury or death of a person commits a class C felony, if the state proves the owner knew or should have known the dog was potentially dangerous.
West Virginia	Knowingly owning, keeping or harboring a vicious or dangerous dog violates § 19-20-20.
Wisconsin	Chapter 174 sets civil forfeitures, not crimes: $50 to $2,500 when a dog injures a person, rising to $200 to $5,000 if the owner knew of an earlier injury.
Wyoming	Under the state dog statute the penalties are small: a fine of up to $50 ($100 on a repeat) for an animal that attacked a person, and up to $200 when the attack was vicious.

What prosecutors must prove

Knowledge of danger is the usual dividing line. Most dog-attack crimes require proof that the owner knew, or should have known, the dog was dangerous: a prior bite, a dangerous-dog declaration, or a history of attacks ⁹ ¹⁰ ¹. That is the criminal version of the “knew or should have known” test in the one-bite rule, but it must be proved beyond a reasonable doubt.

West Virginia shows how that element can decide a case. In State v. Blatt (2015), the owners were acquitted because the state could not prove they knew their dog was vicious. The Supreme Court of Appeals held that the court could still hold a separate hearing on destroying the dog, and that a conviction is not a precondition ²⁵. A criminal acquittal and an order against the dog can therefore coexist; see dog bite euthanasia laws.

Proof of earlier bites is not the only route, though. In State v. Powell (1994), the Supreme Court of North Carolina upheld an involuntary manslaughter conviction after two Rottweilers killed a jogger in Winston-Salem in 1989. The conviction rested on culpable negligence: a willful violation of a city ordinance requiring dogs to be restrained or fenced ⁴. The court held that knowledge of the dogs’ vicious propensities “is not the only evidence that will support a conclusion that injury was foreseeable” ⁴.

Murder and manslaughter: the leading cases

Fatal attacks have supported murder convictions when the owner’s conduct went far beyond carelessness. In State v. Davidson (1999), the Kansas Supreme Court affirmed a conviction for reckless second-degree murder after the defendant’s Rottweilers escaped and killed 11-year-old Christopher Wilson at a school bus stop on April 24, 1997 ³. The evidence showed repeated escapes, aggression training without obedience work, and warnings from neighbors and experts that she ignored ³.

The court held that the state did not have to prove she knew the dogs would attack and kill. It was enough that she “could have reasonably foreseen that the dogs could attack or injure someone as a result of what she did or failed to do” ³.

California’s Supreme Court set the standard for the most-cited case. In January 2001, two dogs owned by Marjorie Knoller and Robert Noel killed Diane Whipple in a San Francisco apartment hallway. A jury convicted Knoller of second-degree murder, involuntary manslaughter and a § 399 violation, and convicted Noel, who was not present, of involuntary manslaughter and § 399 ². The trial court then granted Knoller a new trial on the murder count.

In People v. Knoller (2007), the Supreme Court held that “implied malice requires a defendant’s awareness of engaging in conduct that endangers the life of another—no more, and no less” ². Awareness of a risk of serious injury alone is not enough, and awareness of a high probability of death is not required. The court sent the case back for the trial court to reconsider the new-trial motion under that standard ².

These cases are rare and fact-heavy. Each involved dogs with long, documented histories and owners who had been warned.

Other charges after a bite

Several crimes reach conduct around the bite rather than the attack. Maine makes it a Class D crime to leave the scene of a dog attack that causes an injury needing medical attention without securing aid ³³. Illinois makes it a felony for the owner of a dangerous dog to knowingly ignore an order if the dog then seriously injures or kills a person ¹⁶. Minnesota adds a gross misdemeanor when a declared dangerous dog injures someone after the owner’s earlier conviction ¹⁹.

Using a dog as a weapon can be charged as assault. Wyoming counts an animal as a deadly weapon ²⁰, and Arizona makes deliberately causing a dog to inflict serious injury a class 3 felony ²⁶. Breaking quarantine and bite-report rules is usually a lesser offense; see dog bite quarantine.

The criminal case and the civil claim

A criminal case and a civil claim are separate proceedings with different goals. The prosecutor decides whether to charge; the victim decides whether to bring a civil claim for damages. The civil claim can proceed even if no charge is filed or the owner is acquitted, as the Blatt owners were ²⁵.

The two can overlap. Hawaii’s dangerous-dog crime includes restitution to the victim ²⁸, and New Hampshire makes the owner liable for all the victim’s medical bills ²³. Whether the owner’s homeowners policy pays the civil claim is a separate question; see dog bite insurance. Civil deadlines keep running while a criminal case is pending, and the statute of limitations guide lists them.

If you were bitten, or your dog bit someone

Report the bite. Animal control or the health department takes the report, and that record is part of the dog’s history if it bites again. See what to do after a dog bite.
Check the dog’s status. Whether the dog was already declared dangerous often decides whether a crime was committed at all. Each state’s dangerous-dog page, linked from the state index, explains the process; the national overview is dangerous dog laws.
Keep records. Medical records, photos and witness names serve both a criminal case and a civil claim.
For owners facing charges. A criminal charge carries the right to counsel, and a criminal defense lawyer in the state can explain the specific statute. The site is not a law firm and does not represent anyone.

To see how the civil rules apply to your facts, the dog bite claim checker walks through your state’s rule.

Questions

Can you go to jail if your dog bites someone?

For an ordinary first bite with minor injuries, jail is rare: most state laws punish that with a fine or a civil penalty, if at all. Jail becomes possible when the dog was already declared dangerous, the owner broke a court order, or the bite caused serious injury or death. Texas, for example, makes a serious-injury attack by an unsecured dog a third-degree felony when the owner acted with criminal negligence⁵.

Is a dog bite a misdemeanor or a felony?

It depends on the state, the injury and the dog's history. In Pennsylvania an attack causing severe injury through the owner's negligent conduct is a first-degree misdemeanor¹⁴. In Washington the same facts can be a class C felony if the owner knew or should have known the dog was potentially dangerous⁹. In New Hampshire a vicious-dog offense is a violation, not a crime²³.

Can the victim's family press charges after a fatal dog attack?

A victim or family can report the attack to the police or animal control, but the prosecutor decides whether to charge. Prosecutors have used both dog-specific statutes and general homicide laws: second-degree murder in Kansas and California, and involuntary manslaughter in North Carolina³²⁴.

Does a criminal conviction help a civil dog bite claim?

The two cases are separate. A criminal case needs proof beyond a reasonable doubt; a civil claim does not, and it can go forward even if the owner is never charged or is acquitted. Some statutes link them: Hawaii's dangerous-dog crime includes restitution, and New Hampshire makes the owner liable for the victim's medical bills²⁸²³.

Sources

California Penal Code § 399, California Legislative Information. Checked 17 October 2026.
People v. Knoller, 41 Cal. 4th 139 (2007), Supreme Court of California (Caselaw Access Project, Harvard Law School). Checked 17 October 2026.
State v. Davidson, 267 Kan. 667, 987 P.2d 335 (1999), Kansas Supreme Court (Caselaw Access Project, Harvard Law School). Checked 17 October 2026.
State v. Powell, 336 N.C. 762 (1994), Supreme Court of North Carolina (Caselaw Access Project, Harvard Law School). Checked 17 October 2026.
Texas Health and Safety Code ch. 822 (regulation of animals; dangerous dogs), Texas Legislature. Checked 17 October 2026.
Florida Statutes chapter 767, part II, Dangerous Dogs (§§ 767.10–767.16), The Florida Legislature. Checked 17 October 2026.
CS/HB 593 (2025), Dangerous Dogs (Pam Rock Act), ch. 2025-61, Laws of Florida, The Florida Senate. Checked 17 October 2026.
Ohio Revised Code § 955.22, Ohio Legislative Service Commission. Checked 17 October 2026.
RCW 16.08.100 Dangerous dogs — Confiscation, penalties, affirmative defenses, Washington State Legislature. Checked 17 October 2026.
MCL 287.323, Owner guilty of involuntary manslaughter, felony, or misdemeanor, Michigan Legislature. Checked 17 October 2026.
Tennessee Code Annotated §§ 44-8-408, 44-8-413, 44-17-120, 44-17-403 (consolidated dog laws, text as of Jan. 2026), Animal Legal & Historical Center, Michigan State University College of Law. Checked 17 October 2026.
Code of Virginia § 3.2-6540.1 (vicious dogs; penalties), Virginia General Assembly. Checked 17 October 2026.
N.Y. Agriculture and Markets Law § 123 (Dangerous dogs), New York State Senate. Checked 17 October 2026.
Pennsylvania Dog Law, 3 P.S. § 459-101 et seq., as amended through Act 47 of 2024, Pennsylvania General Assembly. Checked 17 October 2026.
C.R.S. § 18-9-204.5, Unlawful ownership of dangerous dog, Colorado Revised Statutes (public.law copy). Checked 17 October 2026.
Animal Control Act, 510 ILCS 5, Illinois General Assembly. Checked 17 October 2026.
Miss. Code Ann. § 97-3-45 (death caused by mischievous animal), Justia (Mississippi Code). Checked 17 October 2026.
Minnesota Statutes § 609.205, Manslaughter in the second degree, Minnesota Office of the Revisor of Statutes. Checked 17 October 2026.
Minnesota Statutes § 609.226, Harm caused by dog, Minnesota Office of the Revisor of Statutes. Checked 17 October 2026.
W.S. 6-1-104, 6-2-105, 6-2-502, 6-2-504 (deadly weapon; manslaughter; aggravated assault; reckless endangering), Wyoming Legislature. Checked 17 October 2026.
Mont. Code Ann. § 45-5-104, Negligent homicide, Montana Legislature (MCA 2025). Checked 17 October 2026.
Wisconsin Statutes § 174.02, Owner's liability for damage caused by dog; penalties; court order to kill, Wisconsin State Legislature. Checked 17 October 2026.
RSA 466:31-a, Penalties, New Hampshire General Court. Checked 17 October 2026.
Senate Bill S4627 (2024–2025 session), as introduced, New Jersey Legislature. Checked 17 October 2026.
State v. Blatt, 235 W. Va. 489, 774 S.E.2d 570 (2015), CourtListener (Free Law Project). Checked 17 October 2026.
A.R.S. § 13-1208, Assault; vicious animals; classification, Arizona State Legislature. Checked 17 October 2026.
ORS 609.098, maintaining a dangerous dog, Oregon Legislature. Checked 17 October 2026.
Hawaii Revised Statutes § 711-1144 (Negligent failure to control a dangerous dog; penalties), Hawaii State Legislature. Checked 17 October 2026.
Code of Alabama § 3-6A-5 (violations), Alabama Legislature. Checked 17 October 2026.
RSMo § 578.024 (keeping a dangerous dog; penalties), Missouri Revisor of Statutes. Checked 17 October 2026.
NRS 202.500, Dangerous or vicious dogs: Unlawful acts; penalties, Nevada Legislature. Checked 17 October 2026.
11 Del. C. § 1327, Maintaining a dangerous animal, Delaware General Assembly, Delaware Code Online. Checked 17 October 2026.
7 M.R.S. § 3955, Leaving the scene of an assault by a dog that causes an injury that requires medical attention, Maine Legislature, Office of the Revisor of Statutes. Checked 17 October 2026.
Iowa Code § 707.5 (Involuntary manslaughter), Iowa Legislature. Checked 17 October 2026.
North Carolina General Statutes ch. 67, art. 1A, §§ 67-4.1 to 67-4.5 (dangerous dogs), North Carolina General Assembly. Checked 17 October 2026.

Dog Bite Criminal Charges: When an Owner Can Be Prosecuted