NRS 200.240: Owner of an Animal That Kills—Definition, Key Elements, Penalties

If you own an animal that kills another human should you be held responsible for the actions of the animal. Most often, these stories revolve around large breed dogs or dogs that are considered vicious breeds.

In most circumstances, the breed of the dog and the owner are tried in public opinion and some breeds have gotten very bad reputations from these stories that are few and far between but leave a bad stigma for the breed of dog. Pitbulls are often judged as vicious and dangerous because of these occurrences. However, it is important to note that any breed of dog has the potential to cause harm if not properly trained and socialized.

Most people often say, “I don’t blame the dog; I blame the owner or the trainer.” However, there are instances where individuals are attacked by illegal pets, such as lions kept in someone’s yard. These situations highlight the importance of responsible pet ownership and the dangers of housing wild animals.

But when is the owner of the animal responsible for someone else’s death at the hands of the animal?

These cases are rare but they happen and people have been charged with Felonies like manslaughter if a person is killed because of the actions of the animal owner.

Am I Responsible if My Animal Attacks and Kills Another

NRS 200.240 states “The owner of an animal that kills a human is guilty of manslaughter under certain circumstances. If the owner or custodian of any vicious or dangerous animal, knowing its propensities, willfully or negligent allows it to go at large, and the animal while at large kills a human being who is not at fault, the owner commits manslaughter and shall be punished for a category D felony.”  

You can be charged with manslaughter if your animal is considered vicious and kills another if certain criteria are met:

1. The animal is known to be dangerous or vicious 
2. The owner knew the animal was dangerous or vicious 
3. The owner allowed the animal to be at large regardless of knowing the vicious nature of the animal
4. The victim of the attack was not at fault

Also considered in a case where an animal kills a human are the following:

• If the animal has a history of violence 
• Whether the attack happened while on public or private property 
• What the victims actions where before and during the attack

What Are the Penalties if Convicted?

If found guilty of manslaughter in this case, the owner of the animal faces a category D felony charge. This can result in a prison sentence of 1 to 4 years and fines up to $5,000.

This does not include any other consequences like civil liability, compensation to the victims family, and compensation to the victim if the victim survived the attack.

Is It Illegal to Own Certain Animals in Nevada?

Nevada has a list of several animals that are illegal to own. Some other animals require permits to own where you live. 

These include foxes, skunks, raccoons, wild, captured wolves, and bats. 

This is not a complete list but these are the top of the lists. 

While some animals may be legal to own in certain areas of Nevada, they can be illegal in Clark County. For example, monkeys and wild cats fall into this category.

Owning these animals is illegal in itself, but if one were to harm or kill a person, the consequences can be devastating for both the owner and the victim. Had the owner not possessed the illegal animal, the injury or loss of life might have been avoided.

What Are My Responsibilities as an Animal Owner in Nevada

Responsible pet ownership can mean many things and Nevada has many laws that pertain to responsible pet ownership. 

Being a responsible pet owner is not only a legal issue but a moral issue and prevents accidents against another person. Some forms of responsible pet ownership are:

1. Getting your pet vaccinated for things like rabies.
2. Keeping your pet on a leash at all time when in public
3. Keeping your pet securely on your property using a fence, coup, chain or other adequate means.

Owning an Aggressive or Vicious Animal in Nevada

NRS 202.500 states that in Nevada the law prohibits individuals from owning or transferring ownership of a vicious dog. The statute defines a dog as vicious if:

• Without being provoked, it killed or inflicted substantial bodily harm upon a human being; or 
• After its owner or keeper had been notified by a law enforcement agency that the dog is dangerous, the dog continued the behavior.

Possessing or rehoming an aggressive dog is a misdemeanor in Nevada if no serious injuries are reported.

The penalties could lead to up to 6 months in jail and up to $1000 in fines.

If  the animal attacks someone and causes bodily harm to another it can be considered a class D felony even if the person does not die from their injuries. The sentence for this could be 1 to 4 years in prison, up to $5,000 in fines, and the animal may be euthanized.

Defense Against Owning an Aggressive Animal in Nevada

There are some defenses against owning an aggressive animal in Nevada that a good defense attorney can use to help against the charges.

1. The actions of the defendant were not intentional 
2. The owner was unaware that the animal was vicious 
3. The owner relinquished the animal within 7 days of becoming aware of the vicious behavior of the animal 
4. The animal is not aggressive or deemed as a threat 
5. The animal’s misclassification was a result of the breed, for example Pitbull’s have a reputation of being aggressive as a breed and therefore get classified as aggressive even though they might not be that at all 
6. The animal’s misclassification resulted from provocation, usually from another animal 

What Is Nevada’s One Bite Rule?

In Nevada, the owner of a dog is not automatically held responsible if the dog bites someone for the first time. 

Once the dog has bitten someone for the first time the dog will be classified as either dangerous or vicious.

The distinction between the two is very important.

These distinctions will determine the owner’s responsibility if the dog bites another person in the future and what the criminal charges will be.

Nevada law mandates reporting all dog bites to the local Health Office or Animal Control Officer. 

Both the dog owner and the victim of the bite are responsible for reporting the incident. The animal will be then quarantined for 10 days to assess for rabies.

How Can a Lawyer Help Me

If your dog has bitten someone contact The Defenders today

If your dog or other pet has bitten or attacked someone and they are injured or the animal caused the death of someone you could be facing felony charges and even face prison time. 

Even if the victim chooses not to press charges, Animal Control has the right to pursue charges. 

The Defenders know what steps to take to minimize the charges against you and the consequences. 

Our goal is to protect your rights. If you have been charged with a crime due to your pet harming another, contact our office today to schedule a consultation. Our team at The Defenders will take a look at your case and give you a complete idea of what to expect going forward.

If you or someone you know is facing criminal charges, contact our office today for a free case evaluation.