§ 22-351 — Theft, killing or injuring of companion animal. Penalty. Liability.

Connecticut § 22-351

• Jurisdiction: Connecticut
• Title 22: Agriculture. Domestic Animals
• Ch. 435: Dogs and Other Companion Animals. Kennels and Pet Shops

Text

(a) Any person who steals, confines or conceals any companion animal, as defined in section 22-351a, or who, with the intention of stealing such companion animal or concealing its identity or the identity of its owner or with the intention of concealing the fact that the companion animal is licensed, removes the collar or harness or tag from any licensed companion animal, or who unlawfully kills or injures any companion animal, shall be fined not more than one thousand dollars or imprisoned not more than six months, or both. For a second offense, or for an offense involving more than one companion animal, any such person shall be guilty of a class E felony. (b) Any person who violates the provisions of subsection (a) of this section shall be liable to the owner in a civil action, except that, if such person intentionally kills or injures any companion animal, such person shall be liable to the owner in a civil action as provided in section 22-351a . See Sec. 14-226 re requirement that operator of vehicle causing injury to or death of dog shall report the injury or death.

Legislative History

(1949 Rev., S. 3401; 1953, S. 1839d; 1957, P.A. 143, S. 2; 1963, P.A. 613, S. 22; P.A. 93-435, S. 53, 95; P.A. 04-239, S. 2; P.A. 05-288, S. 90; P.A. 13-258, S. 24.) History: 1963 act made provisions applicable with respect to all dogs where previously applicability was limited to licensed dogs and dogs under six months old; P.A. 93-435 made certain technical and grammatical revisions, effective June 28, 1993; P.A. 04-239 designated existing provisions as Subsec. (a) and amended said Subsec. to replace “dog” with “companion animal” where appearing, specify that companion animal is defined in Sec. 22-351a, increase the maximum fine from $200 to $1,000 for a first offense and from $500 to $2,000 for a second offense or an offense involving more than one companion animal and delete provision re liability to the owner in a civil action, and added Subsec. (b) re liability to the owner in a civil action or, if the companion animal was intentionally killed or injured, liability to the owner in a civil action under Sec. 22-351a; P.A. 05-288 made technical changes in Subsec. (a), effective July 13, 2005; P.A. 13-258 amended Subsec. (a) to change penalty from fine of not more than $2,000 or imprisonment of not less than 1 year or more than 3 years to a class E felony. Under previous law, no recovery could be had for negligently killing unregistered dog; early legislation reviewed. 79 C. 427. Action is in tort; statute need not be counted on. 80 C. 434. That dog killed did not wear tag is no defense; various matters as to kennel license considered. 84 C. 640. Effect of mistake of town clerk in registering dog in name of wrong person. 100 C. 128. To “unlawfully” kill, etc., means conduct which is wilful or so wanton as to be equivalent thereto. 127 C. 690. Cited. 139 C. 624. Owner of unregistered dog may recover at common law for its wanton and wilful killing. 18 CS 53. “Unlawfully” refers to conduct that is wilful or at least so wanton as to be equivalent thereto. 2 Conn. Cir. Ct. 466.