(a)

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class C misdemeanorup to 30 daysup to $50
class A misdemeanorup to 11 monthsup to $2,500
For details, see Tenn. Code § 40-35-111
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Terms Used In Tennessee Code 39-14-216

  • Animal: means a domesticated living creature or a wild creature previously captured. See Tennessee Code 39-14-201
  • Benefit: means anything reasonably regarded as economic gain, enhancement or advantage, including benefit to any other person in whose welfare the beneficiary is interested. See Tennessee Code 39-11-106
  • Conviction: A judgement of guilt against a criminal defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Harm: means anything reasonably regarded as loss, disadvantage or injury, including harm to another person in whose welfare the person affected is interested. See Tennessee Code 39-11-106
  • Owner: means a person, other than the defendant, who has possession of or any interest other than a mortgage, deed of trust or security interest in property, even though that possession or interest is unlawful and without whose consent the defendant has no authority to exert control over the property. See Tennessee Code 39-11-106
  • Person: includes the singular and the plural and means and includes any individual, firm, partnership, copartnership, association, corporation, governmental subdivision or agency, or other organization or other legal entity, or any agent or servant thereof. See Tennessee Code 39-11-106
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Services: includes labor, skill, professional service, transportation, telephone, mail, gas, electricity, steam, water, cable television, entertainment subscription service or other public services, accommodations in hotels, restaurants or elsewhere, admissions to exhibitions, use of vehicles or other movable property, and any other activity or product considered in the ordinary course of business to be a service, regardless of whether it is listed in this subdivision (a)(38) or a specific statute exists covering the same or similar conduct. See Tennessee Code 39-11-106
(1) As used in this section, “service animal” means:

(A) Any animal that is individually trained, or being trained by an employee or puppy raiser from a recognized training agency or school to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability; and
(B) Any police dog, fire dog, search and rescue dog, or police horse.
(2) Other species of animals not specified in this subsection (a), whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition.
(3) For purposes of a service animal as defined under subdivision (a)(1)(A), the work or tasks performed by the service animal must be directly related to the handler’s disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of the animal’s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of subdivision (a)(1)(A).
(b) It is an offense to knowingly:

(1) Maim or otherwise inflict harm upon a service animal;
(2) Attempt to maim or otherwise inflict harm upon a service animal; or
(3) Permit an animal that the person owns or is in the immediate control of to maim or otherwise inflict harm upon a service animal.
(c) It is an offense to recklessly maim or otherwise inflict harm upon a service animal or permit an animal that the person owns or is in the immediate control of to maim or otherwise inflict harm upon a service animal.
(d) It is an offense to knowingly interfere with a service animal in the performance of its duties, or permit an animal that the person owns or is in control of to interfere with a service animal in the performance of its duties.
(e)

(1) A violation of subsection (b) or (c) is a Class A misdemeanor.
(2) A violation of subsection (d) is a Class C misdemeanor.
(f)

(1) In addition to any other penalty provided by this section, a person convicted of a violation of subsection (b), (c) or (d) shall be ordered by the court to make full restitution for all damages that arise out of or are related to the offense, including incidental and consequential damages incurred by the service animal’s handler or the recognized training agency or school.
(2) “Restitution,” for purposes of this section, includes:

(A) The value of the service animal if the animal is disabled or can no longer perform service animal duties;
(B) Replacement and training or retraining expenses of the service animal or handler if necessary to restore the animal to service animal capabilities;
(C) Veterinary and other medical and boarding expenses for the service animal;
(D) Medical expenses for the handler; and
(E) Lost wages or income incurred by the handler during any period that the handler is without the services of the service animal.
(g) If the violation of this section involves a guide dog and the offense results in injury to the dog that permanently deprives the owner of the use of the guide dog’s services, nothing in this section shall preclude prosecution and conviction for such conduct under § 39-14-208.
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