Last Updated on February 25, 2025
Thanks to the Americans With Disabilities Act, persons with service animals can bring their trained companion animals wherever they go, including restaurants, hotels, grocery stores, and other places where pets are prohibited. But some people falsely claim their pet is a service animal, so they can take the creature wherever they go or live in a residence with a no-pets rule. Just like disability placard abuse, wrongly taking advantage of these laws designed to help people with disabilities is a form of fraud. Those accused of service dog fraud can face criminal charges under California penal code 365.7 (PC). If you have been accused of this crime, do not speak to the police without a lawyer present to protect your rights.
California Service Dog Fraud Law: Penal Code 365.7 (PC)
For someone to be guilty of service dog fraud, that person must have knowingly and fraudulently represented themself as an owner or trainer of a service, guide, or signal animal. Knowledge is a critical component of this law, as it protects someone who mistakenly believed an animal was trained to help them with their disability.
For example, imagine if a blind person was told they were given a guide dog, but that dog was not adequately trained to perform such functions. In that case, the individual would not be guilty of service dog fraud because they legitimately believed the dog was a guide dog. At the same time, if they wrongly thought the dog was a seeing-eye dog because they purchased it from someone who falsely claimed to be a trainer, the trainer could be charged with service animal fraud under this law.
Service Animals Aren’t Always Dogs
Under state and federal law, service animals are not legally required to be dogs. Because some people have allergies or religious beliefs that prohibit them from working with dogs, service animals may also be pigs, miniature horses, and other animals trained to perform such duties. As long as the animal is properly trained, the species of the animal is irrelevant to whether or not it qualifies as a proper service animal.
Unfortunately, not everyone is aware of this fact, and many people with other creatures operating as legal service animals are accused of lying about the legitimacy of their companion animals. If you have a non-dog service animal and police have wrongly accused you of having a fake service animal, a criminal attorney can help you protect your rights and avoid any penalties.
Conditions that Require Service Animals
When most people envision a service animal, they think of a seeing-eye dog. However, not all service animals are trained to help blind people. Many medical and psychological conditions require a service animal; unfortunately, not everyone is aware of this fact. Among other things, service dogs can help persons who:
- are deaf
- in a wheelchair
- are diabetic
- have epilepsy
- suffer from PTSD
Again, if police have wrongly accused you of lying because you have a legitimate service animal that does not help with vision impairment, a San Diego criminal defense lawyer can help.
Is Faking a Service Dog a Felony?
Representing a pet as a service animal is a misdemeanor, and the maximum penalty for those convicted of having a fake service dog is up to six months in jail and a fine of up to $1,000.
If the fake service animal caused any property damage or attacked anyone, the victims may also be able to sue the owner for damages in the civil court system.
Defenses to These Allegations
There are many ways your attorney may choose to fight these charges. Defenses to this crime include ignorance of the fact that the animal was not trained as a service dog or that your animal was trained as a service dog even though your disability is not immediately apparent.
Alternatively, if you have a disorder and have found that your pet has managed to help you better deal with the condition, you may have wrongly believed that would qualify it as a service dog. Under California law, you should only be found guilty of this crime if you knowingly misrepresented a pet as a service dog and, thus, committed fraud.
Related Criminal Offenses
Under Health and Safety Code 122317 (HSC), trainers of emotional support animals and businesses selling certificates, IDs, and leashes for emotional support animals (ESA) must clarify that these creatures are not service dogs and cannot be legally represented as such. A first-time violation of 122317 (HSC) is punishable by up to $500, while a second offense will result in a fine of $1,500, and any subsequent offenses will cost the offender $2,500.
Similarly, 122318 (HSC) requires healthcare practitioners to establish a relationship with and fully evaluate a patient before providing documentation permitting them to have an ESA. Keep in mind that ESAs are not service dogs, and a pet documented as an ESA may be permitted to reside in a residence where they may normally be denied but cannot be admitted into restaurants, healthcare settings, grocery stores, and other locations where companion animals would typically be denied. Healthcare practitioners who violate this law may be disciplined by their profession’s licensing board.
Whatever the specifics of your case, always speak with an attorney before you talk to the police, as anything you say to the police could inadvertently hurt your defense later on. If you have been accused of having a fake service dog in California, please call (760) 643-4050 or (858) 486-3024 to schedule a free initial consultation with Peter M. Liss.
