The bill amends the existing law regarding the offense of intentional misrepresentation of an animal as a service animal or service-animal-in-training. It removes the requirement that three specific elements must be established for a person to be charged with this offense. Specifically, the bill deletes the need for a prior warning about the illegality of misrepresenting an animal and the requirement that the person knows the animal is not a service animal. The only remaining element is that the person must intentionally misrepresent the animal to obtain rights or privileges associated with service animals.
As a result of these changes, the offense of intentional misrepresentation will be easier to prosecute, as it no longer requires proof of prior warnings or knowledge of the animal's status. The bill maintains that a person found guilty of this offense will still be charged with a simple misdemeanor, which carries a penalty of up to 30 days of confinement and a fine ranging from $105 to $855.
Statutes affected: Introduced: 216C.11