Penal Code 365.7 PC | Service Dog Fraud

Penal Code 365.7 PC – Service Dog Fraud

Service dogs provide critical assistance to people with disabilities. Unfortunatley, some folks try to pass their pets off as service animals. This illegal practice, known as service dog fraud, reduces public access for legitimate service dog teams. California Penal Code 365.7 makes it a crime to misrepresent a pet as a service animal.

What is a Service Dog?

Service dogs are highly-trained to perform tasks for people with disabilities. For example, guide dogs help blind people navigate. Hearing dogs alert deaf people to sounds. Seizure alert dogs sense oncoming seizures. Psychiatric service dogs can remind people to take medication or interrupt repetitive behaviors like skin picking.

Under the Americans with Disabilites Act (ADA), businesses must allow service dogs to accompany their disabled handlers. However, they may exclude pets and emotional support animals. The ADA permits only 2 questions about service dogs:

1. Is the dog a service animal required because of a disability?
2. What work or task has the dog been trained to perform?

Staff cannot ask about the handler’s disability, require special ID for the dog, or ask that the dog demonstrate its task.

Why Do People Illegally Pass Pets as Service Dogs?

Folks engage in service dog fraud for a few reasons:

• To take pets where they are not allowed, like restaurants, stores, and airplanes.
• To avoid pet fees in apartments and hotels.
• To seem disabled and garner sympathy.
• To scam people into buying untrained “service dogs.”

For example, someone might buy a dog vest online so they can take their pet everywhere. Or, a person might lie that their emotional support animal is a psychiatric service dog. Some even try to sell poorly-trained puppies as service dogs to turn a profit.

Why is Service Dog Fraud Harmful?

Passing off pets as service animals causes significant harm. It jeopardizes public access for real service dog teams. When businesses deal with fake service dogs that misbehave, they become reluctant to welcome legitimate teams.

Untrained dogs posing as service animals can frighten or distract real service dogs, putting disabled handlers at risk. Airlines have refused flights to people with disabilities due to rising incidents of service dog fraud.

Fraud also causes emotional distress for disabled individuals. Service dog handlers feel invalidated when untrained pets wearing vests dilute public understanding of service dogs’ roles.

Penal Code 365.7 – Service Dog Fraud

In 2016, California enacted Penal Code 365.7 to crack down on service dog fraud. This law makes it a misdemeanor to knowingly and fraudulently represent yourself as the owner or trainer of a guide, signal, or service dog. You also cannot knowingly and fraudulently misrepresent your dog as a guide, signal, or service dog.

Penal Code 365.7 imposes punishment as follows:

• Up to 6 months in county jail.
• A fine of $1,000 – $10,000.
• Community service at organizations serving people with disabilities.

If convicted, you must also make restitution to people harmed by your fraud. For example, repaying hotel fees you avoided by claiming your pet was a service animal.

What is Sufficient Proof of Service Dog Fraud?

Prosecutors can prove service dog fraud by showing:

1. You represented yourself as a service dog trainer or owner, or represented your dog as a service animal;
2. You knew these representations were false when you made them; AND
3. You made the false representations willfully and with intent to defraud.

Evidence may include witness statements, fraudulent service dog gear, and records showing your dog lacks service training. The burden is on prosecutors to prove your intent to defraud beyond a reasonable doubt.

When is Representing a Pet as a Service Dog NOT Fraud?

Mistakenly representing a pet as a service animal is NOT fraud if:

• You sincerely believed your dog was a service animal but were honestly misinformed.
• You made the representation accidentally or out of necessity.

For example, saying your pet is a service dog to get into an emergency shelter during an evacuation. Prosecutors must prove you knew your statements were false and intended to defraud.

Defenses to Service Dog Fraud Charges

Viable defenses to Penal Code 365.7 charges include:

• No intent to defraud: You lacked intent to mislead people and sincerely believed your statements were true.
• Necessity: Circumstances forced you to make false representations out of necessity.
• Disability rights: Punishing your actions violates disability rights laws.
• Free speech: Penalizing false speech violates First Amendment rights.

An experienced criminal defense lawyer can help evaluate defenses and negotiate reduced charges like disturbing the peace. Challenging service dog fraud laws as unconstitutional or arguing they violate disability rights is complex.

Avoiding Service Dog Fraud Charges

You should avoid legal trouble by:

• Never representing pets as service animals.
• Thoroughly training service dogs before public access.
• Educating yourself on service dog laws.
• Being honest if questioned about your dog’s status.

Legitimate service dogs and their handlers deserve respect and access. Be part of the solution by speaking out against improper behavior like dogs relieving themselves indoors. Support public education on service dog roles so disability rights are protected.

The Bottom Line on Service Dog Fraud

Penal Code 365.7 makes it illegal to lie about your pet being a service dog. This misrepresentation denies access for disabled people with highly-trained service dogs. Charges can result in fines, jail time, and community service. Defenses like lack of intent are possible. Ultimately, education and advocacy help combat service dog fraud.

Citations

California Penal Code 365.7 PC

ADA 2010 Revised Requirements: Service Animals

Service Dog Certifications – ESAs vs. Service Dogs