What States have laws making it a crime to fake a service dog?
I noticed you have a question and answer about service animals and I have a similar situation. We are a major restaurant chain and believe more and more people are faking service animals to bring them in our restaurants. As I understand it other major store chains and other public places are having more and more problems with fake service dogs. Do you have any State laws on the subject?04/21/2017 | Category: Animals » Service Dogs | State: ALL | #36073
Please note that assistance animals do not have the same protection as service animals.
Maine Revised Statutes
Title 17. CRIMES
Chapter 47. DISCRIMINATION
Subchapter 2. MODEL WHITE CANE LAW
Current through 2017 Maine Public Laws, Chapter 19
§ 1314-A. Misrepresentation as service animal or assistance animal
A person who knowingly misrepresents as a service animal any animal that does not meet the definition of "service animal," as defined in Title 5, section 4553, subsection 9-E, commits a civil violation. A person who knowingly misrepresents as an assistance animal any animal that does not meet the definition of "assistance animal," as defined in Title 5, section 4553, subsection 1-H, commits a civil violation. Misrepresentation as a service animal or an assistance animal includes, but is not limited to:
1. False documents.Knowingly creating documents that falsely represent that an animal is a service animal or an assistance animal;
2. Providing false documents.Knowingly providing to another person documents falsely stating that an animal is a service animal or an assistance animal;
3. Harness, collar, vest or sign.Knowingly fitting an animal, when the animal is not a service animal, with a harness, collar, vest or sign of the type commonly used by a person with a disability to indicate an animal is a service animal; or
4. Falsely representing animal as service animal.Knowingly representing that an animal is a service animal, when the animal has not completed training to perform disability-related tasks or do disability-related work for a person with a disability.
For a civil violation under this section a fine of not more than $1,000 for each occurrence may be adjudged.
Cite as 17 M.R.S. § 1314-A
History. Amended by 2016, c. 457, §9, eff. 7/29/2016.
Amended by 2011, c. 369, §8, eff. 9/28/2011.
2003, c. 452, §I28 (NEW) . 2003, c. 452, §X2 (AFF) . 2007, c. 664, § 22 (AMD) .
Title 18. CRIMINAL CODE
Article 13. Miscellaneous Offenses
Current through Chapter 93 of the 2017 Legislative Session
§ 18-13-107.7. Intentional misrepresentation of a service animal for a person with a disability - penalty - sealing of conviction records - definitions
(1) A person commits intentional misrepresentation of a service animal if:
(a) The person intentionally misrepresents an animal in his or her possession as his or her service animal or service-animal-in-training for the purpose of obtaining any of the rights or privileges set forth in section 24-34-803, C.R.S.;
(b) The person was previously given a written or verbal warning regarding the fact that it is illegal to intentionally misrepresent a service animal;
(c) The person knows that the animal in question is not a service animal or service-animal-in-training.
(2) A person who violates subsection (1) of this section commits a class 2 petty offense and, upon conviction, shall be punished as follows:
(a) For a first offense, a fine of twenty-five dollars;
(b) For a second offense, a fine of not less than fifty dollars but not more than two hundred dollars; and
(c) For a third or subsequent offense, a fine of not less than one hundred dollars but not more than five hundred dollars.
(a) A defendant may petition the district court of the district in which any conviction records pertaining to the defendant's first conviction for intentional misrepresentation of a service animal, as described in subsection (1) of this section, are located for the sealing of the conviction records, except for basic identifying information.
(b) If a petition is filed pursuant to paragraph (a) of this subsection (3) for the sealing of a record of conviction for intentional misrepresentation of a service animal, the court shall order the record sealed if the following criteria are met:
(I) The petition is filed;
(II) The filing fee is paid or the defendant has filed a motion to file without payment with a supporting financial affidavit and the court has granted the motion;
(III) The defendant's first conviction for intentional misrepresentation of a service animal was at least three years prior to the date of the filing of the petition; and
(IV) The defendant has not had a subsequent conviction for intentional misrepresentation of a service animal.
(c) An order entered pursuant to this subsection (3) must be directed to each custodian who may have custody of any part of the conviction records that are the subject of the order. Whenever a court enters an order sealing conviction records pursuant to this subsection (3), the defendant shall provide the Colorado bureau of investigation and each custodian of the conviction records with a copy of the order and shall pay to the bureau any costs related to the sealing of his or her criminal conviction records that are in the custody of the bureau unless the court has granted the motion specified in subparagraph (II) of paragraph (b) of this subsection (3). Thereafter, the defendant may request and the court may grant an order sealing the civil case in which the conviction records were sealed.
(4) As used in this section, unless the context otherwise requires:
(a) "Disability" has the same meaning as set forth in the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations.
(b) "Qualified individual with a disability" has the same meaning as set forth in the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations.
(c) "Service animal" has the same meaning as set forth in the implementing regulations of Title II and Title III of the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq.
(d) "Service-animal-in-training" means a dog or miniature horse that is being individually trained to do work or perform tasks for the benefit of a qualified individual with a disability.
(e) "Trainer of a service animal" means a person who is individually training a service animal to do work or perform tasks for the benefit of a qualified individual with a disability.
Cite as C.R.S. § 18-13-107.7
History. L. 2016: Entire section added, (HB 16-1426), ch. 309, p. 1246, § 5, effective January 1, 2017.
Title 38. PUBLIC WELFARE
Chapter 426. Persons With Disabilities
Current through Chapter 9 of the 2017 Legislative Session
§ 426.805. Fraudulent misrepresentation of animal as service animal or service animal in training unlawful; penalty
1. It is unlawful for a person to fraudulently misrepresent an animal as a service animal or service animal in training.
2. A person convicted of fraudulently misrepresenting an animal as a service animal or service animal in training is guilty of a misdemeanor and shall be punished by a fine of not more than $500.
Cite as NRS 426.805
Source: Added to NRS by 2005, 626 [ Ch. 196]
Title 35. PUBLIC HEALTH AND SAFETY
Chapter 13. FACILITIES IN PUBLIC BUILDINGS FOR PHYSICALLY HANDICAPPED
Article 2. PROTECTION AND RIGHTS OF BLIND AND DISABLED PERSONS
Current with changes from the 2017 Legislative Session through Ch. 213
§ 35-13-203. [Effective 7/1/2017] Interfering with rights; misrepresentation of a service or assistance animal; penalties
(a) Any person denying or interfering with admittance to or enjoyment of any place or facility referenced in W.S. 35-13-201(a) through (c) or otherwise interfering with the rights of the blind, partially blind, deaf, hearing impaired person or other person with a disability is guilty of a misdemeanor and may be fined not more than seven hundred fifty dollars ($750.00).
(b) Any person who knowingly and intentionally misrepresents that an animal is a service animal or an assistance animal for the purpose of obtaining any of the rights or privileges set forth in this article is guilty of a misdemeanor and may be fined not more than seven hundred fifty dollars ($750.00).
Cite as W.S. 35-13-203
History. Amended by Laws 2017, ch. 133, §1, eff. 7/1/2017.
NEW JERSEY PERMANENT STATUTES
Title 10. CIVIL RIGHTS
Current through L. 2017, c. 28.
§ 10:5-29.5. Violations, misrepresentation, interference with disabled persons, guide or service dogs; fine
Any person who violates the provisions of P.L. 1977, c.456 in a manner not otherwise prohibited by P.L. 1945, c.169 (C.10:5-1 et seq.), or who fits a dog with a harness of the type commonly used by blind persons in order to represent that such dog is a guide dog when training of the type that guide dogs normally receive has not in fact, been provided, or who otherwise intentionally interferes with the rights of a person with a disability, who is accompanied by a guide or service dog, or the function or the ability to function of a guide or service dog, shall be fined not less than $100 and not more than $500.
Cite as N.J.S. § 10:5-29.5
CALIFORNIA PENAL CODE
Part 1. OF CRIMES AND PUNISHMENTS
Title 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS
Chapter 12. OTHER INJURIES TO PERSONS
Current through 2017
§ 365.7. Unlawful representation to be owner or trainer of guide, signal, or service dog
(a) Any person who knowingly and fraudulently represents himself or herself, through verbal or written notice, to be the owner or trainer of any canine licensed as, to be qualified as, or identified as, a guide, signal, or service dog, as defined in subdivisions (d), (e), and (f) of Section 365.5 and paragraph (6) of subdivision (b) of Section 54.1 of the Civil Code, shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six months, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.
(b) As used in this section, "owner" means any person who owns a guide, signal, or service dog, or who is authorized by the owner to use the guide, signal, or service dog.
Cite as Ca. Pen. Code § 365.7
New Hampshire Statutes
Title 12. PUBLIC SAFETY AND WELFARE
Chapter 167-D. SERVICE ANIMALS AND SEARCH AND RESCUE DOGS
Current through Chapter 19 of the 2017 Legislative Session
§ 167-D:8. Prohibited Acts
II. It is unlawful for any person to fit an animal with a collar, leash, vest, sign, or harness of the type which represents that the animal is a service animal, or service animal tag issued under RSA 466:8 or to request a service animal tag issued under RSA 466:8 if in fact said animal is not a service animal.
III. It is unlawful for any person to willfully interfere or attempt to interfere with a service animal.
IV. It is unlawful for any person to represent that such person has a disability or is a service animal trainer for the purpose of acquiring a service animal unless said person has a disability or is a service animal trainer and to impersonate, by word or action, a person with a disability for the purpose of receiving service dog accommodations or service animal accessories such as a collar, leash, vest, sign, harness, or service animal tag, which represents that the animal is a service animal or to acquire a service animal tag issued under RSA 466:8.
Cite as RSA 167-D:8
Title 51.5. PERSONS WITH DISABILITIES
Chapter 9. Rights of Persons With Disabilities
Current through Ch. 773 of the 2017 Legislative Session
§ 51.5-44.1. Fraudulent representation of a service dog or hearing dog; penalty
Any person who knowingly and willfully fits a dog with a harness, collar, vest, or sign, or uses an identification card commonly used by a person with a disability, in order to represent that the dog is a service dog or hearing dog to fraudulently gain public access for such dog pursuant to provisions in § 51.5-44 is guilty of a Class 4 misdemeanor.
Cite as Va. Code § 51.5-44.1
Companion dogs in restaurants.
Illinois Compiled Statutes
Chapter 65. Municipalities
Act 5. Illinois Municipal Code
Article 11. Corporate Powers and Functions Public Health, Safety and Welfare Police Protection and Public Order
Division 20. Health Regulations--Food, Water, Disease, Other Regulations
Current through P.A. 99-0938 (2015-2016)
§ 65 ILCS 5/11-20-14. Companion Dogs; Restaurants
Notwithstanding any other prohibition to the contrary, a municipality with a population of 1,000,000 or more may, by ordinance, authorize the presence of companion dogs in outdoor areas of restaurants where food is served, if the ordinance provides for adequate controls to ensure compliance with the Illinois Food, Drug, and Cosmetic Act, the Food Handling Regulation Enforcement Act, the Sanitary Food Preparation Act, and any other applicable statutes and ordinances. An ordinance enacted under this Section shall provide that: (i) no companion dog shall be present in the interior of any restaurant or in any area where food is prepared; and (ii) the restaurant shall have the right to refuse to serve the owner of a companion dog if the owner fails to exercise reasonable control over the companion dog or the companion dog is otherwise behaving in a manner that compromises or threatens to compromise the health or safety of any person present in the restaurant, including, but not limited to, violations and potential violations of any applicable health code or other statute or ordinance. An ordinance enacted under this Section may also provide for a permitting process to authorize individual restaurants to permit dogs as provided in this Section and to charge applicants and authorized restaurants a reasonable permit fee as the ordinance may establish.
For the purposes of this Section, "companion dog" means a dog other than a service dog assisting a person with a disability.
Cite as 65 ILCS 5/11-20-14