(1) (a) As used in this section: (i) "Disability" means the same as that term is defined in Section 26B-6-801 . (ii) "Search and rescue dog" means a dog: (A) with documented training to locate individuals who are: (I) lost, missing, or injured; or (II) trapped under debris as the result of a natural or man-made event; and (B) affiliated with an established search and rescue dog organization. (iii) "Service animal" means: (A) a service animal as that term is defined in Section 26B-6-801 ; or (B) a search and rescue dog. (b) Terms defined in Sections 76-1-101.5 , 76-13-101 , and 76-13-201 apply to this section. (2) An actor commits injuring, harassing, or endangering a service animal if the actor: (a) knowingly, intentionally, or recklessly causes substantial bodily injury or death to a service animal; (b) owns, keeps, harbors, or exercises control over an animal and knowingly, intentionally, or recklessly fails to exercise sufficient control over the animal to prevent the animal from: (i) causing substantial bodily injury to or the death of a service animal; (ii) causing a service animal's subsequent inability to function as a service animal as a result of the animal's attacking, chasing, or harassing the service animal; or (iii) chasing or harassing a service animal while the service animal is carrying out the service animal's functions as a service animal, to the extent that the animal temporarily interferes with the service animal's ability to carry out the service animal's functions; or (c) chases or harasses a service animal. (3) (a) A violation of Subsection (2)(a) , (2)(b)(i), or (2)(b)(ii) is a class A misdemeanor. (b) A violation of Subsection (2)(b)(iii) or (2)(c) is a class B misdemeanor. (4) (a) A service animal is exempt from quarantine or other animal control ordinances if the service animal bites an individual while the service animal is subject to an offense under Subsection (2) . (b) The owner of the service animal or the individual with a disability whom the service animal serves shall make the service animal available for examination at a reasonable time and shall notify the local health officer if the service animal exhibits any abnormal behavior. (5) In addition to any other penalty, an actor convicted of a violation of this section is liable for restitution to the owner of the service animal or the individual with a disability whom the service animal serves for the replacement, training, and veterinary costs incurred as a result of the violation of this section. (6) If the act committed under this section amounts to an offense subject to a greater penalty under another provision of Title 76, Utah Criminal Code , than is provided under this section, this section does not prohibit prosecution and sentencing for the more serious offense. Renumbered and
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