Section 18-9-204.5 of the Colorado Revised Statutes makes it a crime to own or have any interest in, or control over, a dangerous dog. A “dangerous dog” is one that:
- Injures or kills a person or domestic animal; or
- Demonstrates tendencies that would cause a reasonable person to believe that the dog might injure or kill a person or domestic animal; or
- Engages in or is trained for illegal animal fighting under 18-9-204 C.R.S.
To help you better understand the law, our Denver Colorado criminal defense lawyers explain:
- 1. What is considered a dangerous dog in Colorado?
- 2. Who is responsible for a dangerous dog?
- 3. Consequences of owning a dangerous dog
- 4. Defenses to owning a dangerous dog
1. What is considered a dangerous dog in Colorado?
18-9-204.5 C.R.S. defines a “dangerous dog” as any domesticated animal related to the fox, wolf, coyote, or jackal that:
- Inflicts bodily or serious bodily injury upon or causes the death of a person or domestic animal; or
- Demonstrates tendencies that would cause a reasonable person to believe that the dog may inflict bodily or serious bodily injury upon or cause the death of any person or domestic animal; or
- Engages in or is trained for animal fighting.
“Bodily injury” means any physical injury that results in severe bruising, muscle tears, or skin lacerations requiring professional medical treatment or any physical injury that requires corrective or cosmetic surgery.
“Serious bodily injury” means bodily injury which, either at the time of the actual injury or at a later time, involves a substantial risk of death, a substantial risk of serious permanent disfigurement, a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree.
“Domestic animal” means any dog, cat, any animal kept as a household pet, or livestock.
2. Who is responsible for a dangerous dog?
You commit a crime under 18-9-204.5 C.R.S. if you are the owner of a dangerous dog.
For purposes of 18-9-204.5 C.R.S., an “owner” is any person, firm, corporation, or organization owning, possessing, harboring, keeping, having financial or property interest in, or having control or custody of an animal.
3. Consequences of owning a dangerous dog
Punishment for owning a dangerous dog can be in the form of:
- Jail or prison time,
- Fines,
- Restitution for damages to another person, animal or property,
- Court-order obligations to do or refrain from doing certain things, and/or
- Possible destruction of the dog by euthanasia.
Which of these (and in what amounts) depends on whether:
- The dog does any damage,
- The injury (if any) is to a person, an animal or property,
- Anyone is killed, and/or
- You have a previous conviction for owning a dangerous dog.
3.1. Jail / prison time and fines
3.1.1. Dog inflicts bodily injury upon a person
If your dog injures a person, you are guilty of a Colorado class 2 misdemeanor. Penalties include:
- Up to 120 days in jail, and/or
- A fine of up to $750.
3.1.2. Dog inflicts serious bodily injury upon a person
If your dog inflicts serious bodily injury on a person, you have committed a class 1 misdemeanor if it is your first offense. If you are involved in a second or subsequent violation, however, it is a Colorado class 6 felony.
As a Colorado class 1 misdemeanor, penalties for owning a dangerous dog can include:
- Up to 364 days in jail, and/or
- A fine of up to $1,000.
Consequences of owning a dangerous dog as a Colorado class 6 felony can be as much as:
- 1 – 1 ½ years in prison (with 1-year mandatory parole), and/or
- A fine of $1,000-$100,000.
3.1.3. Dog kills a person
If your dog kills a person, it is a Colorado class 5 felony. Punishment for owning a killer dog can include:
- 1-3 years in prison (with 2 years mandatory parole), and/or
- A fine of $1,000-$100,000.
3.1.4. Dog kills a domestic animal
If your dog kills a domestic animal, you have committed a Colorado class 2 misdemeanor carrying:
- Up to 120 days in jail, and/or
- A fine of up to $750.
3.1.5. Dog damages property
If you own a dangerous dog that damages or destroys the property of another person, you can be charged with a Colorado petty offense.
Penalties for conviction of a Colorado petty offense can include:
- A fine up to $300, and/or
- 10 days in jail.
You will also be liable for restitution for the property damage, as set forth below.
3.2. Restitution
If you are convicted of owning a dangerous dog pursuant to Colorado 18-9-204.5 C.R.S., the court will order you to pay restitution to the other party or parties involved.
Restitution for the damaged property shall be in an amount equal to the greater of the fair market value or the replacement cost of such property before its destruction, plus any actual costs incurred in replacing such property.
Restitution for a dead or injured domestic animal shall be equal to the greater of the fair market value or the replacement cost of the domestic animal on the date, but before the time, the animal was injured or destroyed, plus any reasonable and necessary medical expenses incurred in treating the animal and any actual costs incurred in replacing the injured or destroyed animal.
And if you enter a guilty plea or are found guilty by a judge or jury of, or you receive a deferred judgment or deferred prosecution for, a violation that results in bodily injury, serious bodily injury, or death to a person, you will be responsible for restitution in the maximum amount permitted by law.
3.3. Additional obligations following an 18-9-204.5 C.R.S. conviction
If you are convicted of owning a dangerous dog pursuant to 18-9-204.5 C.R.S., the court will order you to:
- Confine the dangerous dog in an escape-proof building or enclosure;
- Keep the dog under your control by use of a leash whenever the dog is outside of the building or enclosure;
- Post a conspicuous warning sign on the building or enclosure notifying others that a dangerous dog is housed in the building or enclosure;
- If the conviction is for a second or subsequent offense, muzzle the dangerous dog whenever it is outside of the building or enclosure;
- Report to the bureau of animal protection, in writing, any material change in the dangerous dog’s situation, including but not limited to a change, transfer, or termination of ownership, change of address, escape, or death;
- At your own expense, permanently identify the dangerous dog through the implantation of a microchip by a licensed veterinarian or a licensed shelter who will report the microchipping information to the bureau;
- Prior to the implantation of the microchip, pay a nonrefundable dangerous dog microchip license fee of fifty dollars to the bureau of animal protection;
- Prior to the dangerous dog receiving any service or treatment, disclose in writing to any provider of the service or treatment, including but not limited to a veterinary health care worker, dog groomer, humane agency staff person, pet animal care facility staff person, professional dog handler, or dog trainer, each acting in the performance of his or her respective duties, that the dangerous dog has been the subject of a conviction of a violation of this section; and
- Prior to a change, transfer, or termination of ownership of a dangerous dog, disclose in writing to the prospective owner that the dangerous dog has been the subject of a conviction of a violation of this section.
3.4. Euthanasia of a dangerous dog
The court shall order that a dangerous dog be immediately confiscated and placed in a public animal shelter at your expense.
Unless you successfully appeal your conviction, upon exhaustion of your right to appeal, the dangerous dog will be destroyed by euthanasia administered by a licensed veterinarian if the owner has pled to or been found guilty of, or received a deferred judgment or deferred prosecution for, a violation that resulted in:
- Serious bodily injury to a person,
- Death to a person or domestic animal, or
- A second or subsequent violation for the same dog causing bodily injury to a person or death to a domestic animal.
If a second or subsequent conviction for owning a dangerous dog results from the actions of a different dog than the first conviction, the court may (but is not required to) confiscate the dog and order its destruction by euthanasia upon exhaustion of any right the owner has to appeal the conviction.
4. Defenses to owning a dangerous dog
You are not guilty under 18-9-204.5 C.R.S. if:
- You are a peace officer and you use the dog while engaged in the performance of peace officer duties;
- Your dog inflicts bodily or serious bodily injury to any veterinary healthcare worker, dog groomer, humane agency personnel, professional dog handler, or trainer each acting in the performance of his or her respective duties, unless you are subject to a court order with respect to the dog and you have failed to notify the worker that the dog is dangerous;
- Your dog inflicts injury upon or causes the death of a domestic animal while the dog was working as a hunting dog, herding dog, or predator control dog on your property or property under your control and the injury or death was to a domestic animal naturally associated with the work of such dog.
In addition, as long as your dog has not engaged in or been trained for animal fighting, it is an affirmative defense to charges of owning a dangerous dog that:
- The dog was a stray who entered your property and injured or killed a domestic animal;
- A domestic animal your dog injured or killed was, at the time of the attack biting or otherwise attacking you or your dog;
- At the time of the attack by your dangerous dog, the victim was committing or attempting to commit a criminal offense (other than a petty offense) against you and the attack did not occur on your property;
- If your dog’s attack caused injury to or the death of a person, the victim of the attack was committing or attempting to commit a criminal offense (other than a petty offense) against your property or someone on your property;
- The victim of the attack tormented, provoked, abused, or inflicted injury upon your dog in an extreme manner that resulted in the attack.1
Colorado Legal Defense Group
4047 Tejon Street
Denver, CO 80211
(303) 222-0330
Legal References
- Note that prior to March 1, 2022, penalties for violating CRS 18-9-204.5 carried harsher penalties. SB21-271. The language of Section 18-9-204.5 reads as follows:
(1) The general assembly hereby finds, determines, and declares that:
(a) Dangerous dogs are a serious and widespread threat to the safety and welfare of citizens throughout the state because of the number and serious nature of attacks by such dogs; and
(b) The regulation and control of dangerous dogs is a matter of statewide concern.
(2) As used in this section, unless the context otherwise requires:
(a) “Bodily injury” means any physical injury that results in severe bruising, muscle tears, or skin lacerations requiring professional medical treatment or any physical injury that requires corrective or cosmetic surgery.
(a.5) “Bureau” means the bureau of animal protection in the department of agriculture, division of animal industry, created pursuant to section 35-42-105, C.R.S.
(b) “Dangerous dog” means any dog that:
(I) Inflicts bodily or serious bodily injury upon or causes the death of a person or domestic animal; or
(II) Demonstrates tendencies that would cause a reasonable person to believe that the dog may inflict bodily or serious bodily injury upon or cause the death of any person or domestic animal; or
(III) Engages in or is trained for animal fighting as described and prohibited in section 18-9-204.
(c) “Dog” means any domesticated animal related to the fox, wolf, coyote, or jackal.
(d) “Domestic animal” means any dog, cat, any animal kept as a household pet, or livestock.
(e) “Owner” or “owns” means any person, firm, corporation, or organization owning, possessing, harboring, keeping, having financial or property interest in, or having control or custody of a domestic animal, as the term is defined in paragraph (d) of this subsection (2), including a dangerous dog as the term is defined in paragraph (b) of this subsection (2).
(f) “Serious bodily injury” has the same meaning as such term is defined in section 18-1-901(3)(p).
(3)(a) A person commits ownership of a dangerous dog if such person owns, possesses, harbors, keeps, has a financial or property interest in, or has custody or control over a dangerous dog.
<Text of (3)(b) effective until March 1, 2022>(b) Any owner who violates paragraph (a) of this subsection (3) whose dog inflicts bodily injury upon any person commits a class 3 misdemeanor. Any owner involved in a second or subsequent violation under this paragraph (b) commits a class 2 misdemeanor.
<Text of (3)(b) effective March 1, 2022>(3)(b) Any owner who violates subsection (3)(a) of this section whose dog inflicts bodily injury upon any person commits a class 2 misdemeanor.
(c) Any owner who violates paragraph (a) of this subsection (3) whose dog inflicts serious bodily injury to a person commits a class 1 misdemeanor. Any owner involved in a second or subsequent violation under this paragraph (c) commits a class 6 felony.
(d) Any owner who violates paragraph (a) of this subsection (3) whose dog causes the death of a person commits a class 5 felony.
<Text of (3)(e)(I) effective until March 1, 2022>(e)(I) Any owner who violates paragraph (a) of this subsection (3) whose dog injures or causes the death of any domestic animal commits a class 3 misdemeanor.
<Text of (3)(e)(I) effective March 1, 2022>(e)(I) Any owner who violates subsection (3)(a) of this section whose dog injures or causes the death of any domestic animal commits a class 2 misdemeanor.
(II)(A) Any owner of a dog that is involved in a second or subsequent violation under this paragraph (e) commits a class 2 misdemeanor. The minimum fine specified in section 18-1.3-501 for a class 2 misdemeanor shall be mandatory.
(B) This subsection (3)(e)(II) is repealed, effective March 1, 2022.
(III)(A) The court shall order the convicted owner and any owner who enters into a deferred judgment or deferred prosecution to make restitution to the injured or dead domestic animal’s owner pursuant to applicable provisions of title 16, C.R.S., governing restitution.
(B) Restitution shall be equal to the greater of the fair market value or the replacement cost of the domestic animal on the date, but before the time, the animal was injured or destroyed plus any reasonable and necessary medical expenses incurred in treating the animal and any actual costs incurred in replacing the injured or destroyed animal.
(B.5) An owner who violates paragraph (a) of this subsection (3) and whose dog damages or destroys the property of another person commits a class 1 petty offense.
(C) Any owner whose dog damages or destroys property shall make restitution to the owner of such property in an amount equal to the greater of the fair market value or the replacement cost of such property before its destruction plus any actual costs incurred in replacing such property.
(e.5) The court shall order any owner of a dangerous dog who has been convicted of a violation of this section to:
(I) Confine the dangerous dog in a building or enclosure designed to be escape-proof and, whenever the dog is outside of the building or enclosure, keep the dog under the owner’s control by use of a leash. The owner shall post a conspicuous warning sign on the building or enclosure notifying others that a dangerous dog is housed in the building or enclosure. In addition, if the conviction is for a second or subsequent offense, the dangerous dog shall also be muzzled whenever it is outside of the building or enclosure.
(II) Immediately report to the bureau in writing any material change in the dangerous dog’s situation, including but not limited to a change, transfer, or termination of ownership, change of address, escape, or death;
(III) At the owner’s expense, permanently identify the dangerous dog through the implantation of a microchip by a licensed veterinarian or a licensed shelter. A veterinarian or licensed shelter that implants a microchip in a dangerous dog shall report the microchipping information to the bureau within ten days after implantation of the microchip, pursuant to section 35-42-115(2), C.R.S.
(IV) Prior to the implantation of the microchip, pay a nonrefundable dangerous dog microchip license fee of fifty dollars to the bureau;
(V) Prior to the dangerous dog receiving any service or treatment, disclose in writing to any provider of the service or treatment, including but not limited to a veterinary health-care worker, dog groomer, humane agency staff person, pet animal care facility staff person, professional dog handler, or dog trainer, each acting in the performance of his or her respective duties, that the dangerous dog has been the subject of a conviction of a violation of this section;
(VI) Prior to a change, transfer, or termination of ownership of a dangerous dog, disclose in writing to the prospective owner that the dangerous dog has been the subject of a conviction of a violation of this section.
(f) In addition to any other penalty set forth in this subsection (3), upon an owner’s entry of a guilty plea or the return of a verdict of guilty by a judge or jury or a deferred judgment or deferred prosecution for a violation that results in bodily injury, serious bodily injury, or death to a person, the court, pursuant to applicable provisions of title 16, C.R.S., governing restitution, shall order the defendant to make restitution in accordance with said provisions.
(g)(I) In addition to the penalties set forth in paragraphs (b) to (e) of this subsection (3), upon an owner’s entry of a guilty plea or the return of a verdict of guilty by a judge or jury or a deferred judgment or deferred prosecution for a violation that results in serious bodily injury to a person or death to a person or domestic animal or for a second or subsequent violation of paragraph (b) or (e) of this subsection (3) resulting in a conviction or a deferred judgment or a deferred prosecution involving the same dog of the same owner, the court shall order that the dangerous dog be immediately confiscated and placed in a public animal shelter and shall order that, upon exhaustion of any right an owner has to appeal a conviction based on a violation of this subsection (3), the owner’s dangerous dog be destroyed by euthanasia administered by a licensed veterinarian.
(II) In addition to any penalty set forth in paragraphs (b) to (e) of this subsection (3), for a second or subsequent violation of paragraph (b) or (e) of this subsection (3) resulting in a conviction or a deferred judgment or a deferred prosecution involving the same dog of a different owner, the court may order that the dangerous dog be immediately confiscated and placed in a public animal shelter and that, upon exhaustion of any right an owner has to appeal a conviction based on a violation of this subsection (3), the owner’s dangerous dog be destroyed by euthanasia administered by a licensed veterinarian.
(h)(I) An affirmative defense to the violation of this subsection (3) shall be:
(A) That, at the time of the attack by the dangerous dog which causes injury to or the death of a domestic animal, the domestic animal was at large, was an estray, and entered upon the property of the owner and the attack began, but did not necessarily end, upon such property;
(B) That, at the time of the attack by the dangerous dog which causes injury to or the death of a domestic animal, said animal was biting or otherwise attacking the dangerous dog or its owner;
(C) That, at the time of the attack by the dangerous dog which causes injury to or the death of a person, the victim of the attack was committing or attempting to commit a criminal offense, other than a petty offense, against the dog’s owner, and the attack did not occur on the owner’s property;
(D) That, at the time of the attack by the dangerous dog which causes injury to or the death of a person, the victim of the attack was committing or attempting to commit a criminal offense, other than a petty offense, against a person on the owner’s property or the property itself and the attack began, but did not necessarily end, upon such property; or
(E) That the person who was the victim of the attack by the dangerous dog tormented, provoked, abused, or inflicted injury upon the dog in such an extreme manner which resulted in the attack.
(II) The affirmative defenses set forth in subparagraph (I) of this paragraph (h) shall not apply to any dog that has engaged in or been trained for animal fighting as said term is described in section 18-9-204.
(4) Upon taking an owner into custody for an alleged violation of this section or the issuing of a summons and complaint to the owner, pursuant to the Colorado rules of criminal procedure and part 1 of article 4 of title 16, C.R.S., the owner’s dangerous dog may be taken into custody and placed in a public animal shelter, at the owner’s expense, pending final disposition of the charge against the owner. In addition, in the event the court, pursuant to the Colorado rules of criminal procedure and part 1 of article 4 of title 16, C.R.S., sets bail for an owner’s release from custody pending final disposition, the court may require, as a condition of bond, that the owner’s dangerous dog be placed by an impound agency, as defined in section 18-9-202.5(5), at the owner’s expense in a location selected by the impound agency including a public animal shelter, licensed boarding facility, or veterinarian’s clinic, pending final disposition of the alleged violation of this section. The owner is liable for the total cost of board and care for a dog placed pursuant to this subsection (4).
(5)(a) Nothing in this section shall be construed to prohibit a municipality from adopting any rule or law for the control of dangerous dogs; except that any such rule or law shall not regulate dangerous dogs in a manner that is specific to breed.
(b) Nothing in this section shall be construed to abrogate a county’s authority under part 1 of article 15 of title 30, C.R.S., to adopt dog control and licensing resolutions and to impose the penalties set forth in section 30-15-102, C.R.S.; except that any such resolution shall not regulate dangerous dogs in a manner that is specific to breed.
(c) No municipality or county may destroy or dispose of a dog that is awaiting destruction or disposition as of April 21, 2004, in connection with a violation or charged violation of a municipal or county ban on one or more specific dog breeds.
(6) The provisions of this section shall not apply to the following:
(a) To any dog that is used by a peace officer while the officer is engaged in the performance of peace officer duties;
(b) To any dog that inflicts bodily or serious bodily injury to any veterinary health-care worker, dog groomer, humane agency personnel, professional dog handler, or trainer each acting in the performance of his or her respective duties, unless the owner is subject to a court order issued pursuant to paragraph (e.5) of subsection (3) of this section and the owner has failed to comply with the provisions of subparagraph (V) of paragraph (e.5) of subsection (3) of this section; or
(c) To any dog that inflicts injury upon or causes the death of a domestic animal while the dog was working as a hunting dog, herding dog, or predator control dog on the property of or under the control of the dog’s owner and the injury or death was to a domestic animal naturally associated with the work of such dog.