In previous chapters I discussed Washington state's "Dog
Bite Statute" as well as this state's common law regarding
the dog owner's civil liability for injuries and damages
inflicted by the dog upon another person. These laws give
dog bite victims the legal right to recover monetary
compensation from the dog owner (usually paid by the
owner's insurance company). However, Washington state has
laws in place that may also subject the dog owner to
criminal responsibility. Unlike civil liability, which only
obligates a person to pay monetary damages to another, the
conviction of a crime will subject the dog owner to
possible jail time or monetary fines, or both.

In Washington, the owner of a known "dangerous dog" or a
"potentially dangerous dog" that aggressively attacks and
causes severe injury or death of any human being shall be
guilty of a Class C felony.19 In non-death cases, the
injury must be severe enough to cause broken bones or
disfiguring lacerations requiring multiple sutures or
cosmetic surgery. The conviction of a Class C felony may
result in punishment of up to five years in jail, or up to
a $5,000 monetary fine, or both.

The term "dangerous dog" refers to one that inflicts severe
injury on a human being without provocation, or kills a
domestic animal without provocation while off the owner's
property, or that has been previously found to be a
potentially dangerous dog with the owner's knowledge. So
for instance, a dog that has killed another person's pet
dog or cat while off the owner's property and then later
inflicts severe injury on a person may subject its owner to
prosecution for a criminal offense with possible jail time
and/or monetary fines.

The owner of a "dangerous dog" can also be convicted of a
gross misdemeanor, a criminal charge that is less serious
than a felony, and which carries a maximum sentence of up
to one year in jail or a $1,000 fine, or both. This can
occur if: (1) the "dangerous" dog is not properly
registered with the local animal control authority, (2) the
owner fails to obtain an adequate surety bond or insurance
for the animal, or (3) the dog is not kept in the proper
enclosure or is outside the enclosure and outside the
owner's residence without proper physical restraint. If any
of these circumstances occur (in addition to a possible
criminal conviction), the dog shall be immediately
confiscated by the animal control authority.