Definitions
Under "Assaulting a law enforcement agency animal or an assistance animal":Assistance animal: an animal that is trained and may be used to assist a “person with a disability” as defined in G.S. 168A-3. The term “assistance animal” is not limited to a dog and includes any animal trained to assist a person with a disability as provided in Article 1 of Chapter 168 of the General Statutes.
N.C.G.S.A. § 14-163.1
The term "service animal" is used in "Article 1 - Rights" law, but not defined.
SDIT Covered?
Yes. An animal in training to become a service animal may be taken into any of the places listed in G.S. 168-3 for the purpose of training when the animal is accompanied by a person who is training the service animal and the animal wears a collar and leash, harness, or cape that identifies the animal as a service animal in training.N.C.G.S.A. § 168-4.2
Accommodation Law
Every person with a disability has the right to be accompanied by a service animal trained to assist the person with his or her specific disability in any of the places listed in G.S. 168-3, and has the right to keep the service animal on any premises the person leases, rents, or uses.The person qualifies for these rights upon the showing of a tag, issued by the Department of Health and Human Services, under G.S. 168-4.3, stamped “NORTH CAROLINA SERVICE ANIMAL PERMANENT REGISTRATION” and stamped with a registration number, or upon a showing that the animal is being trained or has been trained as a service animal. The service animal may accompany a person in any of the places listed in G.S. 168-3.
N.C.G.S.A. § 168-4.2
Harassment of/Interference with Service Dogs
Killing of assistance animal:Any person who knows or has reason to know that an animal is a law enforcement agency animal, an assistance animal, or a search and rescue animal and who willfully kills the animal is guilty of a Class H felony.
Serious harm to assistance animal:
Any person who knows or has reason to know that an animal is a law enforcement agency animal, an assistance animal, or a search and rescue animal and who willfully causes or attempts to cause serious harm to the animal is guilty of a Class I felony.
Harm or attempt at harm to assistance animal:
Any person who knows or has reason to know that an animal is a law enforcement agency animal, an assistance animal, or a search and rescue animal and who willfully causes or attempts to cause harm to the animal is guilty of a Class 1 misdemeanor.
Willful interference or attempt:
Any person who knows or has reason to know that an animal is a law enforcement agency animal, an assistance animal, or a search and rescue animal and who willfully taunts, teases, harasses, delays, obstructs, or attempts to delay or obstruct the animal in the performance of its duty as a law enforcement agency animal, an assistance animal, or a search and rescue animal is guilty of a Class 2 misdemeanor.
Defendant convicted of violating this section also owes restitution including:
- Veterinary, medical care, and boarding expenses
- Medical expenses for the person with the disability relating to the harm inflicted upon the assistance animal
- Replacement and training or retraining
- Expenses incurred to provide temporary mobility services to the person with a disability
- Wages or income lost while assistance animal receiving training or retraining
Driving Law
Any blind or partially blind pedestrian shall be entitled to the right-of-way at a crossing or intersection if such blind or partially blind pedestrian is accompanied by a guide dog.N.C.G.S.A. § 20-175.2
Service Dog Fraud
It is unlawful to disguise an animal as a service animal or service animal in training.Violation of this section shall be a Class 3 misdemeanor.
N.C.G.S.A. § 168-4.5
