Dog poisoning, can you defend against it?

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  • Mosinguy

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    I was thinking today about past news articles where people have poisoned dogs by feeding them treats laced with hard chemicals or rat poison, and I got to thinking, if you witnessed someone feed your dog something like that through your fence, could you stop the threat? Or do you just have to call the cops and hope for the best?

    Some problems I can see arising: YOU weren't in immediate danger. Or the treat wasn't poisoned.

    The only thing I can think of that might work in your favor is that you didn't build your fence right on your property line and there was a few feet of land that you owned. I would think that you were in the right if you could "get out of jail free" because of Castle Doctrine.

    Anyone want to clarify the legalities involved with a shoot like this?
     

    eldirector

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    For better or worse, pets are property. So, no deadly force. I suppose you could attempt to restrain them (reasonable force) until LE arrives, but that is about it.

    So, no, you can't shoot someone for poisoning your dog. Call the cops, file a report, and start the civil suit.
     

    A 7.62 Exodus

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    I would say NO, i dont really think shooting someone for poisoning your dog would ever hold up in court. NOW, a lawsuit on the other hand.....
    The person doing the poisoning may have just made your filthy stinking rich
     

    kludge

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    Since it's a dog and not a human, deadly force would not be advised. I would be thinking of other methods of "reasonable" force, it I were you.

    Castle Doctrine... inside the fence... might depend on the type of fence... IANAL... but if it's not INSIDE the fence, even on your property, it's very doubtful that it can be "curtilage".

    IMO it might be hard, but the very best thing to do is to train the dog never to take ANYTHING from ANYONE except you. The dog should be barking at anyone reaching through the fence, not taking treats from him/her.
     

    Kitty

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    Let the other dog go on them!! :)

    Actually, my dogs are trained not to accept food from people outside. Someone they really know can get away with it (especially if I've given permission often enough) but someone they don't know - they are too busy acting tough.
     

    Mr. Habib

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    Deliberately poisoning a domestic animal is a class D felony in Indiana. Shooting them would not be appropriate, but holding them until the police arrive might be.
     

    Mosinguy

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    That's what I thought. Alright thanks. Luckily my dogs are too busy acting tough when people come near the fence...the one hundred pound one all the way down to the ten pound one :D
     

    .452browning

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    someone shot our dog about 5 years ago on our property with a bow and arrow during deer season. he was shot in the front leg and later died at the vet from lose of blood. we followed the blood trail and found the arrow that hit him. it was well within 100 yards every direction on our property. we attempted to find the person that did it with no luck. if we would have found them it wouldnt have turned lethal but a swift ass kicking. or a lawsuit. or both. i sue you for hurting my hand on your face.
     

    kludge

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    Let the other dog go on them!! :)

    Actually, my dogs are trained not to accept food from people outside. Someone they really know can get away with it (especially if I've given permission often enough) but someone they don't know - they are too busy acting tough.

    LOL. My wife's dogs' brains are way too small for that type of training. The one idiot dog will lick the bacon grease off the fingers of Satan himself. Yet I can't get the fool thing to shut up when I get home.

    Anyone want a free dog?

    Seriously.

    Really, I'm serious.

    If you're the type of person who can't stop giving a dog attention he's your kind of dog.
     

    dross

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    I know one way some of my neighbors could get me to stop fantasizing about poisoning them, or shooting them, would be to make them shut up.

    I've thought about it, I really have.
     

    edporch

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    I know one way some of my neighbors could get me to stop fantasizing about poisoning them, or shooting them, would be to make them shut up.

    I've thought about it, I really have.

    You're not alone.
    Though I would never actually do it cuz I know the main problem is the owner and the police who refuse to enforce the law.

    What will defend against a great many poisonings?
    More often than not, there's a REASON somebody would poison somebody's dog.
    Keep it quiet, in your yard, and when you walk it don't use your neighbors yard for a dog bathroom.
     
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    ckcollins2003

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    From my understanding you cannot use deadly force unless you are a K-9 LEO and it is the police dog that was poisoned. Which I don't understand why a LEO's K-9 is held to a higher standard than someone else's dog but that is the way Indiana sees it.

    IC 35-46-3-12
    Torture or mutilation of a vertebrate animal; killing a domestic animal
    Sec. 12. (a) This section does not apply to a person who euthanizes an injured, a sick, a homeless, or an unwanted domestic animal if:
    (1) the person is employed by a humane society, an animal control agency, or a governmental entity operating an animal shelter or other animal impounding facility; and
    (2) the person euthanizes the domestic animal in accordance with guidelines adopted by the humane society, animal control agency, or governmental entity operating the animal shelter or other animal impounding facility.
    (b) A person who knowingly or intentionally beats a vertebrate animal commits cruelty to an animal, a Class A misdemeanor. However, the offense is a Class D felony if:
    (1) the person has a previous, unrelated conviction under this section; or
    (2) the person committed the offense with the intent to threaten, intimidate, coerce, harass, or terrorize a family or household member.
    (c) A person who knowingly or intentionally tortures or mutilates a vertebrate animal commits torturing or mutilating a vertebrate animal, a Class D felony.
    (d) As used in this subsection, "domestic animal" means an animal that is not wild. The term is limited to:
    (1) cattle, calves, horses, mules, swine, sheep, goats, dogs, cats, poultry, ostriches, rhea, and emus; and
    (2) an animal of the bovine, equine, ovine, caprine, porcine, canine, feline, camelid, cervidae, or bison species.
    A person who knowingly or intentionally kills a domestic animal without the consent of the owner of the domestic animal commits killing a domestic animal, a Class D felony.
    (e) It is a defense to a prosecution under this section that the accused person:
    (1) reasonably believes the conduct was necessary to:
    (A) prevent injury to the accused person or another person;
    (B) protect the property of the accused person from destruction or substantial damage; or
    (C) prevent a seriously injured vertebrate animal from prolonged suffering; or
    (2) engaged in a reasonable and recognized act of training, handling, or disciplining the vertebrate animal.
    (f) When a court imposes a sentence or enters a dispositional decree under this section, the court:
    (1) shall consider requiring:
    (A) a person convicted of an offense under this section; or
    (B) a child adjudicated a delinquent child for committing an act that would be a crime under this section if committed by an adult;
    to receive psychological, behavioral, or other counseling as a part of the sentence or dispositional decree; and
    (2) may order an individual described in subdivision (1) to receive psychological, behavioral, or other counseling as a part of the sentence or dispositional decree.
    As added by P.L.193-1987, SEC.15. Amended by P.L.41-1998,

    SEC.2; P.L.132-2002, SEC.1; P.L.7-2007, SEC.1; P.L.171-2007, SEC.10; P.L.111-2009, SEC.14.
     

    CarmelHP

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    I know one way some of my neighbors could get me to stop fantasizing about poisoning them, or shooting them, would be to make them shut up.

    I've thought about it, I really have.

    I also have a 7 year old little girl that stills my hand from dealing with the yippy-yappy dog across the fence. She wouldn't like her daddy doing that, and yours probably wouldn't either.
     

    dross

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    I also have a 7 year old little girl that stills my hand from dealing with the yippy-yappy dog across the fence. She wouldn't like her daddy doing that, and yours probably wouldn't either.

    Yep, that would probably be the worst crime my daughter could imagine, hurting a doggie.

    I wouldn't really do it. What I'd really like to do is walk across the way, walk into the living room of their house, grab the Dad by the ear, drag him outside over to his two dogs, and say, "Do you freaking HEAR that?"

    Unfortunately, they call that assault or something.
     

    sepe

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    LOL. My wife's dogs' brains are way too small for that type of training. The one idiot dog will lick the bacon grease off the fingers of Satan himself. Yet I can't get the fool thing to shut up when I get home.

    Anyone want a free dog?

    Seriously.

    Really, I'm serious.

    If you're the type of person who can't stop giving a dog attention he's your kind of dog.

    Well duh, it is bacon grease.

    I know one way some of my neighbors could get me to stop fantasizing about poisoning them, or shooting them, would be to make them shut up.

    I've thought about it, I really have.

    The problem isn't the dog, it is the owner. Might want to rethink who receives the poison.






    I'll put that in purple just because we wouldn't actually want anyone getting hurt/sick/taking a dirt nap.
     

    BigBlock502

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    I dont care what the reason, if someone hurts one of my dogs they're getting blown away. Then I'll just put my 'throw-down gun' on that person and say it was self defense. I see it done successfully in movies all the time. :)
     

    rich8483

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    I know one way some of my neighbors could get me to stop fantasizing about poisoning them, or shooting them, would be to make them shut up.

    I've thought about it, I really have.
    lol, so have i, but i leave it at a fantasy.

    i have been looking on amazon at those ultrasonic repellants though.
    the reviews are mixed at best. some think they work great. others say they do not.
     

    LegatoRedrivers

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    I know one way some of my neighbors could get me to stop fantasizing about poisoning them, or shooting them, would be to make them shut up.

    I've thought about it, I really have.

    I love dogs, and I'd never shoot a dog (Unless I was attacked and it was, say, a lethal ninja dog or some such) But my neighbor current dog has seriously put a strain on that ideal.

    They've had a couple of dogs for a while, no problems with them. Stay in their yard, I don't bother them and they don't bother me. The Corgi they got a few months ago, however...

    This thing barks constantly. The corgi starts barking, which gets the other dogs barking, which gets my other neighbors dogs barking, which gets my dog barking. I even went out and purchased a "sonic bark-stopper." Works on all the dogs except the corgi. All the other dogs shut up, but the corgi is too stupid to realize the painful noise only goes off when it barks. It just ends up barking at the noise the bark-stopper makes.
     

    rich8483

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    those who would take a human life for defending a dog A: have your priorities out of order and B: if you love your dog that much, you probably dont have that annoying of a dog.

    the poeple that have super annoying dogs are usually the ones that dont take care of the dogs, pay attention to or abuse them anyways.

    this post in no way defends poisening a dog. im saying defending a dog with lethal force is no way to go. a call to police is more appropriate. the same as a car being stolen out of your driveway with no immediate threat to you or family.
     
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    finity

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    I dont care what the reason, if someone hurts one of my dogs they're getting blown away. Then I'll just put my 'throw-down gun' on that person and say it was self defense. I see it done successfully in movies all the time. :)

    It's probably not the smartest idea to come onto a public forum & brag how you would murder someone & then tamper with the evidence to try to get away with it.

    :noway:

    If you do what you propose then you had better be willing to spend a WHOLE LOTTA time in prison. And rightly so.
     
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