NRS § 202.500 – Owning / Keeping Vicious Dogs in Nevada

NRS § 202.500 is the Nevada law prohibiting you from owning or giving away a “vicious” dog. The statute classifies a canine as “vicious” if either:

• without being provoked, it killed or inflicted substantial bodily harm upon a human being; or
• after you had been notified by a law enforcement agency that your dog is dangerous, the dog continued the behavior.

NRS 202.500 violation	Nevada penalties
No one gets seriously hurt	Misdemeanor: Up to 6 months in jail and/or up to $1,000
The victim sustains substantial bodily harm	Category D felony: 1 to 4 years in prison, up to $5,000, and the animal may be put down

In this article, our Las Vegas criminal defense attorneys discuss the Nevada offense of keeping or transferring a vicious dog.

• 1. Definition
• 2. Penalties
• 3. Defenses
• 4. Immigration Consequences
• 5. Sealing Records
• 6. Dog Bite Civil Lawsuits
• Additional Resources

Injured by a dog bite in Las Vegas? Learn about how to file a dog bite lawsuit in Nevada.

1. Definition

NRS 202.500 prohibits you from keeping or rehoming a dog you know is “vicious.” Specifically, it is illegal in Nevada to either:

• Knowingly own or keep a vicious dog for more than seven (7) days after getting actual notice that the dog is vicious; or
• Knowingly transfer ownership of a vicious dog after getting actual notice that the dog is vicious

Whether a dog is “vicious” is not simply a matter of opinion. Nevada law considers a dog to be “vicious” in either of the following two situations:

1. If the dog killed or inflicted serious injuries on a person without being provoked; or
2. If the police notify you that your dog is “dangerous,” and the dog continues to act in a dangerous way.

The legal definition of “dangerous” is one rung below “vicious.” A dog is “dangerous” if either:

• You used the dog in the commission of a crime; or
• The dog behaved menacingly and without provocation on two (2) separate occasions within 18 months in a way that would lead a reasonable person to defend themself. Furthermore, this behavior occurred while the animal was not confined to a cage, pen, or vehicle, or was off the premises of its owner or keeper.

In short, a dog is automatically “vicious” if it causes serious injury or death without first being tormented or subjected to pain. Alternatively, a canine becomes vicious if the police already told you that your dog is “dangerous,” and the dog persists in behaving dangerously.¹

2. Penalties

As long as no one gets hurt, violating NRS 202.500 by keeping or transferring a vicious dog is a misdemeanor. The sentence is:

• Up to six (6) months in jail, and/or
• Up to $1,000 in fines.

However, violating NRS 202.500 becomes a category D felony if the dog attacks someone and causes substantial bodily harm. The penalties include:

• One to four (1 – 4) years in prison,
• A possible fine of up to $5,000 (at the judge’s discretion), and
• The judge may order that the canine be put down

However, it may be possible to get vicious canine charges reduced or dismissed by negotiating with the prosecutor or by going to trial and winning.²

3. Defenses

Possible arguments to defend against Nevada charges of keeping or transferring a vicious dog are:

1. You did not act knowingly;
2. You did not have actual notice the animal was vicious;
3. You surrendered the animal within seven (7) days of getting actual notice;
4. The animal is not dangerous or vicious;
5. The animal was misclassified because of its breed; and/or
6. The animal was misclassified because it was provoked

Typical evidence in these types of cases includes police reports, medical records, eyewitness testimony, and your recorded communications.

You did not act knowingly

You are not guilty of violating NRS 202.500 if you are not knowingly keeping a vicious dog:

If a vicious dog escapes police custody and returns to your doghouse unbeknownst to you, you commit no crime. Though once you learn that your animal is back, you should notify the police immediately or face NRS 202.500 charges for knowingly keeping the vicious dog.

You did not have actual notice the dog was vicious

You cannot be liable for violating NRS 202.500 if you never received actual notice that the animal was vicious. Actual notice may take various forms, including:

• A letter or phone call from the police;
• Witnessing the animal seriously attacking a victim; and/or
• Seeing a police report of the attack

If you have no idea that your dog seriously hurt someone else or was continuing to behave dangerously, then you are committing no crime by keeping the animal.

You surrendered the dog within seven (7) days of getting actual notice

You violate NRS 202.500 by knowingly owning or keeping a vicious dog for more than seven (7) days after getting actual notice that the animal is vicious. If you can show that you had the dog put down or gave the dog to police within this time frame, then the prosecutor should withdraw the charges.

The dog is not dangerous or vicious

Whether a dog substantially hurt another person can be subjective. Or perhaps the police classified the wrong dog as vicious.

Unless the prosecution can prove beyond a reasonable doubt that the canine in question meets the Nevada legal definition of “vicious,” the NRS 202.500 charge should be dropped.

The dog was misclassified because of its breed

NRS 202.500 specifically prohibits dogs to be labeled vicious solely because of their breed. If you can show that the canine in question is being discriminated against just because of its breed and not because of its behavior, the charges should be dismissed.

Breeds that are commonly presumed to be dangerous include

• pit bulls,
• Dobermans,
• rottweilers and
• mastiffs.

The dog was misclassified because it was defending itself

In the same way that humans may fight back in self-defense in Nevada, so can dogs. If you can show that your dog’s behavior was in response to someone provoking the animal, then NRS 202.500 charges do not apply.

4. Immigration Consequences

If you are a non-citizen convicted of violating NRS 202.500 as a misdemeanor, you probably will not face deportation proceedings. Though if the conviction was for a Nevada felony, then the situation becomes a lot less predictable.

Any documented alien who is facing criminal charges in Nevada should seek experienced legal counsel right away. If the immigration attorney can get the charges dismissed or reduced to a non-deportable offense, then the case should not threaten your resident status.

5. Sealing Records

If you are convicted of violating NRS 202.500 as a misdemeanor, you may petition the court for a record seal one (1) year after the case ends.

Though if the conviction was for a category D felony, the waiting period extends to either:

• ten (10) years after the case ends if the court considers the NRS 202.500 violation to be a “felony crime of violence”; or
• five (5) years after the case ends if the court does not consider the NRS 202.500 violation to be a “felony crime of violence”

To date, Nevada law is unclear about whether a felony NRS 202.500 conviction qualifies as a “felony crime of violence.”³

Note that if the charge gets dismissed and there was no conviction, then you do not have to wait to petition the court for a record seal: You can file the paperwork right away.⁴

Learn more about how to get a record seal in Nevada criminal cases.

6. Dog Bite Civil Lawsuits

If you are a dog bite victim, you may try to sue the owner for negligence in Nevada. Animal owners have a duty to keep their pets from harming others, so you would argue that the owners were “negligent” in their duty.

If the dog was out in public and not on a leash when the bite occurred, you may also try to sue the owner for negligence per se. In Nevada, dogs are supposed to be kept on leashes while outside of a residence. Therefore, you would argue the owners were automatically (“per se”) negligent by not using the leash.

Depending on the case, you may sue for compensatory damages to cover your:

• Medical bills,
• Lost wages,
• Lost earning capacity, and/or
• Pain and suffering

Additional Resources

See our related articles by our Las Vegas personal injury lawyers:

• Dog Leash Laws in Las Vegas NV – A Rundown of the Rules
• Nevada Dog Bite Laws – A Quick Legal Breakdown
• Bitten by a police dog in Las Vegas? How to file a lawsuit
• Dog Fighting: Laws, Penalties, & Defenses (NRS 574.060 & NRS 574.070)
• Dog Racing as a Gaming Activity (NRS 207.235).

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Legal References