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.
Who handles this in New Mexico: legal aid programs, lawyer referral and the state offices, listed in the New Mexico directory.
| An owner of a dangerous or potentially dangerous dog | Level |
|---|---|
| An owner of a dangerous or potentially dangerous dogKeeping it unregistered, or breaking its handling or notice rules | LevelMisdemeanor, 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, unprovoked | LevelFourth degree felony |
| An owner of a dangerous or potentially dangerous dogIt seriously injures a person, unprovoked | LevelThird degree felony |
| An owner of a dangerous or potentially dangerous dogIt kills a person, unprovoked | LevelThird 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)
- NMSA 1978, § 77-1A-2 — Definitions
- 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.