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Dangerous Dogs

Section 77-1A-6 — a third degree felony when a dangerous dog seriously injures a person

A dangerous dog is one that caused a serious injury to a person or domestic animal. A potentially dangerous dog is one that caused a lesser injury, chased or menaced aggressively without provocation, or acted highly aggressive in an enclosure it looked able to leave.

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An owner of a dangerous or potentially dangerous dogLevel
An owner of a dangerous or potentially dangerous dogKeeping it unregistered, or breaking its handling or notice rulesLevelMisdemeanor, or a fourth degree felony on a second offense
An owner of a dangerous or potentially dangerous dogIt seriously injures or kills a domestic animal, unprovokedLevelFourth degree felony
An owner of a dangerous or potentially dangerous dogIt seriously injures a person, unprovokedLevelThird degree felony
An owner of a dangerous or potentially dangerous dogIt kills a person, unprovokedLevelThird degree felony resulting in the death of a human being

The owner notifies the animal control authority immediately of an escape or an attack, within five business days of the dog's death, and within twenty-four hours of selling or giving it away. A prosecution requires a showing that the owner knew of the dog's propensity to inflict serious injury, as the section sets out.

Sources for this section (2)
  1. NMSA 1978, § 77-1A-2 — Definitions
  2. NMSA 1978, § 77-1A-6 — Prohibited acts; penalties

Legal information, not legal advice. Verified as of November 2026. Applying it to a particular situation is the work of a licensed New Mexico attorney.