Using Deadly Force Against Animals
Using Deadly Force Against Animals
Many people wonder if they are allowed to use deadly force against a dangerous animal, most commonly a dog.
Self-Defense Against Dangerous Animals
If we are being attacked, we expect that we can do what is necessary to defend ourselves. The principle of self-defense does have limits though.
In Utah, the self-defense law addresses threats or force used by another person. Animal attacks are addressed through separate laws involving dangerous dogs, protected wildlife, animal cruelty, and firearm discharge.
Animals are considered personal property under the law, but Utah also provides specific circumstances in which a person may injure or kill a dangerous animal. Whether deadly force is justified depends on the animal, the threat, and the circumstances.
Example: An Aggressive Dog
What Would You Do?
You are walking down the street and suddenly a dog jumps a fence and is aggressively running towards you barking, growling and showing its teeth and is acting like it is going to bite you, knocks you down, trips you as you try to get away or has any physical contact with you.
If you feel that the dog will or is causing serious bodily injury, you may have to use deadly force to protect yourself.
You Only Have Seconds To Act
These are some of the questions to consider when determining whether deadly force against a dangerous animal is necessary and legally justified.
- What signs did you observe that led you to believe it was an aggressive, vicious animal that could cause serious bodily injury or death in the first place?
- Could you be charged with discharging a firearm in city limits, negligent discharge of a firearm, or animal cruelty?
- Did you try to avoid the trouble and did you exercise other appropriate options?
- What about the use of less lethal force like pepper spray?
- What would a reasonable person do in a particular scenario?
- Were you in immediate danger of death or serious bodily injury?
- Does the dangerous animal have the ability to cause death or serious bodily injury?
- Can you draw your handgun and use deadly force to shoot the dangerous animal?
- Do you have to be bitten or attacked before you respond with deadly force?
- Do self-defense laws apply to dangerous animal attacks and will they protect you?
These are all very important questions that you need to know the answers for so you can be prepared for these and any other situation with an animal.
Using Force Against Attacking Dogs
Animal rights activists would argue that an animal, especially a dog, is incapable of fully calculating the consequences of its behavior, and therefore, it should not be subject to being shot for bad behavior.
Others argue that because the animal is not capable of making human decisions, it should not receive the same self-defense safeguard that humans receive.
Utah law allows a person to injure or kill a dog under the specific circumstances described below.
When Utah Law Allows A Dog To Be Injured Or Killed
A person may injure or kill a dog while the dog is:
- Attacking, chasing, or worrying a domestic animal having a commercial value.
- Attacking, chasing, or worrying a service animal.
- Attacking, chasing, or worrying any species of hoofed protected wildlife.
- Attacking domestic fowls.
- Being pursued for committing one of the acts described above.
When A Dog Retreats
If a dog has attacked an animal covered by the law and is being pursued for committing that act, Utah law allows the dog to be injured or killed during that pursuit.
This provision is limited to the specific animal attacks identified in the statute. It is not blanket permission to chase or shoot any dog that previously acted aggressively toward a person.
When The Danger Has Ended
Once the dog is back in the custody of its owner, and the situation has been controlled, do not show up at your neighbor's door with your gun.
If the dog is no longer a danger, do not shoot the dog.
Even where the law permits pursuing a dog under particular circumstances, calling the police and/or animal control is often the safer option.
Dog Owner Liability
These laws should put all dog owners on notice as well. To allow your dog to freely roam the neighborhood is to subject your dog to an incredible amount of risk and could potentially result in the death of your dog.
In addition, you may be held liable for injuries caused by your dog.
Injuries Caused By Dogs
Utah law holds individuals who own or keep dogs liable for injuries caused by their dogs, regardless of whether they knew the dog was vicious or mischievous, subject to the exceptions specified in the law.
Dog owners can face claims for damages after a biting incident. A dog's previous aggressive behavior may also be relevant to negligence claims and other legal issues.
Warning Signs Of An Aggressive Dog
Some signs that may help you recognize an aggressive or threatening dog include:
- Growling, snarling, and baring teeth.
- Showing the whites of the eyes.
- Pulled back ears laying flat against the head.
- A straight, tense, and stiff body.
- A steady, direct approach rather than a relaxed movement.
These signs may indicate fear, aggression, or stress. No single behavior automatically establishes that an attack is imminent or that deadly force is justified.
Dogs Considered Dangerous Or Vicious
What are some dogs classified as being "dangerous" and/or "vicious" dogs?
We offer these only as an overall indicator. This is not an indictment of any particular breed since dogs can be abused and/or trained to be vicious and we don't believe that just because a dog is of a specific breed that it is dangerous.
Even within one particular breed, there are exceptions.
Examples Of Breeds Often Discussed
- Pit Bulls
- Rottweilers
- German Shepherds
- Bullmastiffs
- Doberman Pinschers
- Akitas
- Siberian Huskies
Breed alone does not determine whether a dog is dangerous, vicious, or legally subject to deadly force.
Using Deadly Force Against Protected Wildlife
What about other types of animals such as a mountain lion, bear or other dangerous animals which fall under "protected wildlife" as defined by the law?
Example: A Bear Or Mountain Lion
You are camping or hiking and you see a mountain lion, bear or other dangerous animal and it starts to move towards you and/or runs towards you.
A person is legally justified in killing or seriously injuring a threatening wild animal when the person reasonably believes it is necessary to protect themselves, another person, or a domestic animal against an imminent attack likely to cause severe bodily injury or death.
Factors Used To Determine Justification
The circumstances surrounding the encounter may include:
- The nature of the danger.
- The immediacy of the danger.
- The probability that the threatening wild animal will attack.
- The probability that the attack will result in death or serious bodily injury.
- The ability to safely avoid the danger.
- Whether you were responsible for creating the encounter.
- Any known previous pattern of aggressive or threatening behavior by the wild animal.
Inside A Home, Tent, Or Camper
If a wild animal enters or attempts to enter an occupied home, tent, camper, or other permanent or temporary living structure, Utah law provides a presumption of reasonable fear when the animal is reasonably perceived as capable of causing severe bodily injury or death to a person.
The animal must be attempting to enter, entering, or occupying the structure when it is killed or injured.
No Duty To Retreat
If you were legally in a place where you were attacked or approached by a threatening wild animal, you are not required to retreat.
Utah law states that when self-defense is reasonably plausible, the life and safety of a human being are paramount to the life or safety of a wild animal.
Defending Yourself Against Bears
Bears are considered protected wildlife. Being afraid of a bear by itself does not automatically justify shooting it.
Whether deadly force is justified depends on the danger presented by the animal and whether an imminent attack is reasonably believed likely to cause severe bodily injury or death.
Dangerous Bear Behavior
The term "level three" has been used in reference to the danger factor posed by a particular animal.
Level three bears, according to Division of Wildlife Resources policy, are bears that have caused significant property damage to a dwelling or structure or are deemed a threat to public safety.
A bear may be considered a threat to public safety if it displays aggressive behavior toward humans, has little fear of humans, or has killed or attempted to kill domestic pets.
Examples Of Bear Encounters
DWR Lt. Scott White has explained that a bear refusing to leave a campsite after campers yell at it may present a safety issue.
On the other hand, when a hiker encounters a bear and the bear runs away, the hiker should continue on their way rather than shoot the animal.
These examples illustrate why the animal's behavior and the circumstances matter.
Wildlife Safety & Reporting Requirements
Be Prepared For Wildlife Encounters
Whenever you are hiking, camping, or visiting public lands, you should expect to encounter wildlife.
Consider carrying bear spray, learn how to use it, and familiarize yourself with wildlife safety recommendations for the area.
Avoid provoking, approaching, or attracting dangerous animals.
After Killing Or Wounding Protected Wildlife
You must notify the Utah Division of Wildlife Resources within 12 hours after killing or wounding a protected wild animal in self-defense.
An animal killed in self-defense, or any of its parts, cannot be removed, repositioned, retained, sold, or transferred without written authorization from the Division of Wildlife Resources.
When Deadly Force Is Not Justified
Utah law does not justify killing or seriously injuring protected wildlife when a person intentionally, knowingly, or recklessly provokes or attracts the animal into a situation where it will probably threaten someone or a domestic animal.
Illegally killing protected wildlife can result in criminal charges, financial penalties, and loss of hunting privileges. The consequences depend on the species and violation.