578.024. Keeping a dangerous dog — penalties
If your dog has bitten before and bites again, you could face criminal charges
If a dog that previously bit someone or another pet without being provoked bites again, the owner can face serious legal penalties. The worse the injury, the harsher the charge—and in some cases, the dog will be put down.
1. A person commits the offense of keeping a dangerous dog if they own or have a dog that:
- Previously bit a person or domestic animal without provocation, and
- That dog bites another person later.
2. Penalties depend on how bad the new bite is:
- Class B misdemeanor: standard second bite incident
- Class A misdemeanor: the new bite causes serious injury
- Class E felony: both this bite and a past bite caused serious injury
- Class D felony: the new bite causes someone’s death
3. In addition to criminal penalties, the dog must be seized and held for 10 business days after written notice to the owner if:
- The dog bites again after a previous bite, or
- A dog with no history causes serious injury or death
After the 10 days, the dog will be put down.
4. The owner can appeal the euthanization by filing with the circuit court. If they give proper notice to authorities, the dog won’t be put down while the appeal is pending. A court hearing must be held within 30 days to decide whether the dog should be humanely put down. The court may also order the owner to pay for the dog’s care during that time.
5. An exception applies if the dog bites someone committing or trying to commit a crime at the time of the attack (not including basic trespassing unless it’s combined with other criminal intent). In that case:
- The owner is not criminally or civilly liable,
- The dog will not be destroyed, and
- The attacker cannot claim legal protections under Missouri’s dog laws.
Contact us online or call (314) 900-HELP to talk with a Missouri criminal defense lawyer.