The Norman Transcript

July 18, 2007

Felony dog bite law seems a little harsh


State Rep. Paul Wesselhoft made headlines around the state last year when he proposed banning pit bulls -- for life. He was acting after a constituent was attacked and severely injured by a neighbor's pit bull dog.

Now, Mr. Wesselhoft, a Cleveland County Republican, wants dog owners to be charged with a felony the first time their animal seriously bites a person off their property. He wants fellow lawmakers to hear that proposal when they convene in February.

Mr. Wesselhoft's previous bills on vicious animals have been voted down. He has become a clearinghouse of sorts for pit bull bites. Pit bull owners descended on the Capitol when the breed-specific legislation came up. Where cockfighters had their champion in former Sen. Frank Shurden, pit bulls have their nemesis in Paul Wesselhoft.

Prosecutors have traditionally ignored the "first bite" and have generally filed charges after repeat attacks and warnings. The legislation allows the felony charge if a dog kills, maims or mauls on the first attack.

Convictions would be punishable by a mandatory year in prison and a $10,000 fine but fatal attacks could lead to longer sentences, the lawmaker told the Associated Press.

The legislation seems a bit harsh. We are in favor of restrictions of vicious animals no matter the breed, but often a pet can turn on a person -- even an owner -- with little notice. Pets can also be let out of yards or homes by others.

Prosecutors will have the option of filing lesser charges and that option should be pursued first. Often the fear of civil litigation is enough to force pet owners to restrict their animals.