justalayman
Senior Member
What is the name of yoWhat is the name of your state (only U.S. law)? ohio
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The following involves all the other violations
If your claim was correct, every speed limit sign would have to include the penalties for a violation.
btw: even the actions you just described do not necessarily equate to a criminal act. As I told you, the action must be knowingly and intentional to cause harm to the dog. If the action is only reckless, then it falls to section (4) for the level of crime. If the actions are merely negligent, then none of the charges apply.
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No, you have not shown me even once where you must notify a person anything about the law. The only thing you keep yammering about is giving notice and the only thing that is of concern is whether the offender is aware or should have been aware it is a service animal. The: this is a service animal; fulfills that.No if you let the neighbors dog out of their fenced in area and the dog is hit by a car and dies you are not looking at a class 3 felony. and up to 40k out of pocket. unless you can link to such a law.
And I have shown you more than once that " but the offender has actual knowledge that the dog is an assistance dog" That requires a sign! That is the ENTIRE reason for the thread! GOOD NIGHT
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If you will read it, section C involves acts to cause intentional harm or intentionally to cause the death of the animal.3) Whoever violates division (C) of this section is guilty of assaulting an assistance dog. Except as otherwise provided in this division, assaulting an assistance dog is a misdemeanor of the second degree. If the violation results in the death of the assistance dog, assaulting an assistance dog is a felony of the third degree. If the violation results in serious physical harm to the assistance dog other than its death, assaulting an assistance dog is a felony of the fourth degree. If the violation results in physical harm to the assistance dog other than death or serious physical harm, assaulting an assistance dog is a misdemeanor of the first degree.
The following involves all the other violations
and that is what I said: a sign that informs people it is a service dog satisfies the law. There is no requirement, at least in the law cited, that requires you to inform anybody of the myriad charges and penalties involved with harassing, injuring, or otherwise bothering the dog.(4) Whoever violates division (D) of this section is guilty of harassing an assistance dog. Except as otherwise provided in this division, harassing an assistance dog is a misdemeanor of the second degree. If the violation results in the death of the assistance dog, harassing an assistance dog is a felony of the third degree. If the violation results in serious physical harm to the assistance dog, but does not result in its death, harassing an assistance dog is a felony of the fourth degree. If the violation results in physical harm to the assistance dog, but does not result in its death or in serious physical harm to it, harassing an assistance dog is a misdemeanor of the first degree.
If your claim was correct, every speed limit sign would have to include the penalties for a violation.
btw: even the actions you just described do not necessarily equate to a criminal act. As I told you, the action must be knowingly and intentional to cause harm to the dog. If the action is only reckless, then it falls to section (4) for the level of crime. If the actions are merely negligent, then none of the charges apply.
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"Recklessness" – A finding of recklessness requires proof that the defendant disregarded a substantial and unjustifiable risk of which he was aware.
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"Negligence" – Criminal negligence (as opposed to civil negligence) ordinarily requires a showing of a gross deviation from the standard of reasonable care. A person is criminally negligent if he takes a substantial, unjustifiable risk of causing the social harm that constitutes the offense charged.
Three factors come into play when determining whether a reasonable person would have acted as the defendant did:
1.) the gravity of harm that foreseeably would result from the defendant’s conduct;
2.) the probability of such harm occurring; and
3.) the burden to the defendant of desisting from the risky conduct.
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