Removing Someone Else's Dog Collar Could Mean Jail Time

Michigan Capitol Confidential ^ | 1/25/2016 | Tom Gantert

[MichCapCon]

Removing a dog collar from someone else's dog could land you in jail for 90 days and hand you a $1,000 fine if an idea before the Michigan House becomes law.

Is this a frivolous piece of legislation? Not at all, according to Rep. Triston Cole, R-Mancelona, who is the lead sponsor of House Bill 5215.

Speaking about the scope of the law, Cole said, “This can apply to regular pets as well, but what it’s primarily about is hunting dogs out in the forest — bear dogs, coyote dogs and even beagles used for hunting rabbits."

He added, “Some people, including those who are opposed to hunting and those who just want to steal the collars, take the collars off the dogs. Many of these collars are quite expensive and are equipped with electrical devices so the dogs can be tracked. The collars can cost anywhere from $500 to $3,000. In some cases, a dog might have multiple collars.”

“To me, this is about protecting private property rights,” Cole continued. “Often hunters take these dogs on hunting trips far from home, like people who live in the Lower Peninsula who take hunting trips to the U.P. Whether those who remove a collar from a dog realize it or not, without the collar the dog may become lost in an unfamiliar area, with the owner not being able to find it.”

What about the person who, seeing an injured dog, takes off the collar to learn more about the animal? Or the person who finds a dog that appears to be lost?

“In cases like that, I’d think law enforcement would take that into account,” Cole said. “But I intend to find out if the new mens rea law would apply and, if not, what we can do about it. That’s definitely a discussion I want to have in committee.”

In December, Gov. Rick Snyder signed House Bill 4713, legislation to prevent people from being convicted for unknowingly violating the law. The measure, which is now Public Act 250 of 2015, restores a key standard used to define criminal liability. That standard is "mens rea," which is Latin for “the guilty mind.” The act requires that unless a law specifically states otherwise, prosecutors must show that a defendant intended to break the law to get a conviction.

[The Sons of Liberty]

Under Penalty of Law Do Not Remove his collar.

[LambSlave]

Dogs should be under the observation and control of their owner at all times if they are not on private property, so I think this is horrible legislation.

[nickcarraway]

What if you find a pet that is lost and you were trying to return it to its owner?

[Don W]

You are obviously not a “hunting with hounds” type. It’s not like these folks are running their dogs through town centre, they are well out in the bush, with guns and everything!

Why do you think the dogs have radio collars in the first place? Do you think the owners have money to burn, or are they trying to keep tabs on their animal?

The law , had you actually read the whole article and comprehended it, is to prevent the removal and THEFT of the collars and the dogs.

[LambSlave]

Actually, I live in the remote boonies and hunt (though not with dogs). Around here dogs running wild without permission or presence of their owner, especially on farms with livestock get shot. On public game land there is the issue of liability; what happens if your dogs bite another animal or child? I stand by every word I said— if you value your animal (or its collar) then it shouldn’t be running loose on any land except your own (or friends) private property.

[PAR35]

Looking to steal collars to make some money?

[LambSlave]

See my post above.

[LambSlave]

Like to trespass and run your dogs on other peoples property without permission?

[PAR35]

Nope, I keep my dog fenced to protect it from dog thieves and collar thieves. Which are you?

[Gandalf the Mauve]

On public game land there is the issue of liability; what happens if your dogs bite another animal or child?

What are you babbling about? The whole purpose of the collar is to identify the dog and its owner.

You don't get to tell people not to conduct lawful activities on public land, unless you're planning to round up some armed buddies and try to steal a chunk of it fromt he public. If you are, remember to bring snacks; the last bunch who tried that stunt forgot that step.

[LambSlave]

If a dog bites a child or other animal they will chase it down and grab it’s collar and contact the owner. Right? The owner should have the animal under his control and observation at all times.