77.15.230  <<  77.15.240 >>   77.15.245

Unlawful use of dogsPenaltyAuthority to take or destroy a dogCertain hazing activities permitted.

(1)(a) A person is guilty of unlawful use of dogs if the person:
(i) Negligently fails to prevent a dog under the person's control from pursuing, harassing, attacking, or killing deer, elk, moose, caribou, mountain sheep, or animals classified as endangered under this title; or
(ii) Uses the dog to hunt deer or elk.
(b) For the purposes of this subsection, a dog is "under a person's control" if the dog is owned or possessed by, or in the custody of, a person.
(2) Unlawful use of dogs is a misdemeanor.
(3)(a) Based on a reasonable belief that a dog is pursuing, harassing, attacking, or killing a deer, elk, moose, caribou, mountain sheep, or animals classified as protected or endangered under this title, fish and wildlife officers and ex officio fish and wildlife officers may:
(i) Lawfully take a dog into custody; or
(ii) If necessary to avoid repeated harassment, injury, or death of wildlife under this section, destroy the dog.
(b) Fish and wildlife officers and ex officio fish and wildlife officers who destroy a dog pursuant to this section are immune from civil or criminal liability arising from their actions.
(4)(a) This section does not apply to a person using a dog to conduct a department-approved and controlled hazing activity, as long as the person prevents or minimizes physical contact between the dog and the wildlife, and the hazing is being done only for the purposes of wildlife control and the prevention of damage to commercial crops.
(b) For the purposes of this subsection, "hazing" means the act of chasing or herding wildlife in an effort to move them from one location to another.
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