A dog shall not be declared a dangerous or potentially dangerous dog if:
A. the dog was used by a law enforcement official for legitimate law enforcement purposes;
B. the threat, injury or damage was sustained by a person or domestic animal who was:
(1) trespassing upon premises occupied by the owner or the dog;
(2) provoking, tormenting, abusing or assaulting the dog or had repeatedly, in the past, provoked, tormented, abused or assaulted the dog; or
(3) committing or attempting to commit a crime; or
C. the dog was:
(1) responding to pain or injury;
(2) protecting itself or its offspring; or
(3) protecting or defending a human being or domestic animal from attack or assault.
History: Laws 2005, ch. 61, § 3.
ANNOTATIONSEffective dates. — Laws 2005, ch. 61 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.