720 ILCS 5/12-36 – Possession of Unsterilized or Vicious Dogs by Felons Prohibited
This law says that certain people with felony convictions cannot have unneutered or dangerous dogs for 10 years after leaving prison.
This Illinois law makes it illegal for some people who have been convicted of serious crimes to own or live with certain kinds of dogs, including unneutered dogs or those declared vicious. It also requires that any dog owned by these individuals must have a microchip for identification.
(a) For 10 years after being released from jail or prison, a person who has been convicted of a serious crime (like a violent felony, animal abuse, or certain drug felonies) cannot own, have, or live with any of the following:
- A dog or puppy older than 12 weeks that has not been spayed or neutered.
- Any dog that has been officially labeled as “vicious” under the Animal Control Act, even if it has been spayed or neutered.
(b) Any dog owned or cared for by a person covered in subsection (a) must have a microchip for permanent identification.
(c) Sentence: Anyone who breaks this law can be charged with a Class A misdemeanor.
(d) It is a valid defense to say the dog is already spayed or neutered, or that it was sterilized within 7 days of being charged. Proof from a licensed Illinois veterinarian–like surgery records or a certificate–can serve as evidence. However, this defense does not apply if the dog has been declared vicious under the Animal Control Act.
Contact us online or call (314) 900-HELP to talk with a Southern Illinois criminal defense lawyer.
