Unclassified Dog Attack Causing Severe Injury or Death
An unclassified dog attacks a human, causing severe injury OR death, while its owner knows its dangerous propensities and recklessly disregards them.
Florida Statute
§ 767.136(1)
Unclassified Dog Attack Causing Severe Injury or Death
Verified against the 2026 Florida Statutes: October 13, 2026
Quick Summary
An unclassified dog attacks a human, causing severe injury OR death, while its owner knows its dangerous propensities and recklessly disregards them.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Unclassified Dog Attack Causing Severe Injury or Death
F.S. § 767.136(1)
An unclassified dog attacks a human, causing severe injury OR death, while its owner knows its dangerous propensities and recklessly disregards them.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
All elements required — AND (OR alternatives within an element)
The defendant was the owner of the dog.
Plain language: The defendant was the owner of the dog.
- Element 2AND — Required
All elements required — AND (OR alternatives within an element)
The dog had not previously been declared dangerous by an animal control authority.
Plain language: The dog had not previously been declared dangerous by an animal control authority.
- Element 3AND — Required
All elements required — AND (OR alternatives within an element)
The defendant knew of the dog’s dangerous propensities.
Plain language: The defendant knew of the dog’s dangerous propensities.
Jury Instructions
Jury Instructions
Instruction 32.7
Unclassified Dog Attack Causing Severe Injury or Death
Florida Standard Jury Instruction 32.7 addresses this offense. Review the official instruction and applicable defenses.
View Official InstructionVerified against the official instruction source: October 13, 2026
Important Definitions
Important Definitions
Animal control authority
A locally authorized entity enforcing animal-control laws; where none serves the area, the county sheriff serves this role.
Owner
Includes anyone possessing, harboring, keeping, controlling, or having custody of the animal, including firms and organizations; for an owner under 18, includes the parent or guardian.
Severe injury
Physical injury producing broken bones, multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery.
Additional Notes
Additional Notes
Quick Reference
An unclassified dog attacks a human, causing severe injury OR death, while its owner knows its dangerous propensities and recklessly disregards them.
Classification
First Degree misdemeanor under § 767.136(1).
Official Source
Verified against the 2026 Florida Statutes on October 13, 2026. https://www.flsenate.gov/Laws/Statutes/2026/767.136
Victim criminal-activity defense
The owner is not guilty under § 767.136(2) if the attacked person was engaged in OR attempting criminal activity at the time. Document the specific conduct and timing; consult the State Attorney about application and burdens of proof.
Field documentation
Preserve dog identification, ownership/control evidence, animal-control records, witness accounts, photos, medical records, and the attack timeline. For an unclassified dog, separately document the owner’s prior knowledge and reckless disregard.
Police canine and service-dog exemptions
Section 767.16(1) exempts canines owned or employed by law enforcement from Part II. Section 767.16(2) only exempts qualifying currently rabies-vaccinated service dogs from post-bite quarantine; it is not a blanket exemption from criminal liability.