Montana Code Annotated 1995

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     45-8-209. Harming a police dog -- penalty. (1) A person commits the offense of harming a police dog if he purposely or knowingly shoots, kills, or otherwise injures a police dog being used by a law enforcement officer in discharging or attempting to discharge any legal duty in a reasonable and proper manner.
     (2) A person convicted of the offense of harming a police dog may be fined an amount not to exceed $5,000 or be imprisoned in the state prison for a term not to exceed 1 year, or both.
     (3) As used in this section, the following definitions apply:
     (a) "Law enforcement officer" means a person who is a peace officer as defined in 46-1-202.
     (b) "Police dog" means a dog that is:
     (i) used by a law enforcement agency, as defined in 7-32-201, in the exercise of its authority;
     (ii) specifically trained for law enforcement work; and
     (iii) under the control of a law enforcement officer.

     History: En. Secs. 1, 2, Ch. 536, L. 1985; amd. Sec. 1, Ch. 258, L. 1989; amd. Sec. 258, Ch. 800, L. 1991.

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