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346.55

Statute ID: 4804

Statute Function ID: 20138

Civil Liability

In Effect

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Details are only available for Penalty and Charging Statutes.

Statute Number:

346.55

Enactment Date:

Jan 1, 1859

Effective Date:

Jan 1, 1859

Expiration Date:

Repealed?:

Summary Text:

Civil Liability

Statute ID:

4804

Created:

Sep 1, 2006 by mnjis.legal.analyst@state.mn.us

Updated:

Sep 1, 2006 by mnjis.legal.analyst@state.mn.us

Last Update Action:

System

Legal Analyst Comment:

Summary Text:

Civil Liability

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/346/55.html

Legislative Session:

2005 - NA

Session Law Text?:

Statute text last updated on:

Sep 1, 2006

Subdivision 1.  
The transfer by a person other than the owner of a dog or cat to a dealer, the possession of a dog or cat by a dealer without the permission of the owner, or the transfer of a dog or cat by a dealer to an institution without the permission of the owner is prohibited. Nothing in this section prohibits the transfer of a dog or cat to a dealer if the dog or cat is removed from a property by or at the request of a person in possession of the property. For the purpose of this subdivision, "dealer" and "institution" have the meanings given them in section 347.31.

A person who transfers or possesses a dog or cat without claim of right with intent to deprive the owner permanently of possession of the dog or cat violates this section and is liable for a civil penalty of up to $1,000 per dog or cat for each violation. In bringing a civil action under this section the charging attorney shall consider, and in imposing a fine the court shall consider:
(1) the history of previous violations;
(2) the number of violations;
(3) the degree of willfulness of the violation;
(4) the good faith of the dealer;
(5) the good faith of the person delivering the dog or cat to the dealer; and
(6) the gravity of the violation.
A fine paid by the defendant in a criminal action that arose from the same violation may not be applied toward payment of the civil penalty under this subdivision.