Don’t break a car window to save a dog

You may have been asked this by a client, or maybe your Aunt Mabel: "If I see a dog in a hot car, can I break the window to let it out?"

Not without breaking the law, writes Melissa Anne Maye in the June Animal Law newsletter. "Although a person might feel that it's worth taking the risk to save the dog, smashing in someone's car window constitutes Criminal Damage to Property," she writes, quoting 720 ILCS 5/21-1(a), which defines it as "knowingly damag[ing] any property of another."

"There is no exception for 'good intentions,'" Maye writes. And if the property damage exceeds $300 - likely in the case of a broken car window - the crime is a Class 4 felony. 

That doesn't mean the inhumane pet owners won't get theirs, though. Find out why in the August Illinois Bar Journal.

Posted on August 1, 2016 by Mark S. Mathewson

Member Comments (7)

But you should call the police

Yes...definitely call the police. We have laws against what the pet owner is doing, as well. Let the police break the window!

Do you think that a necessity defense would stick? Seems a pet is more valuable than a window. Your thoughts?

(720 ILCS 5/7-13) (from Ch. 38, par. 7-13)
Sec. 7-13. Necessity.
Conduct which would otherwise be an offense is justifiable by reason of necessity if the accused was without blame in occasioning or developing the situation and reasonably believed such conduct was necessary to avoid a public or private injury greater than the injury which might reasonably result from his own conduct.
(Source: Laws 1961, p. 1983.)

Great job Melissa and thanks for the valuable client information!

From the article: "Clients should be advised not to break the window of a car if they see a dog or cat in distress. Instead, the client should call 911. Presently, only two states – Tennessee and Wisconsin – have passed “good Samaritan” laws that allow a person to break a car window to save a pet. In Illinois, however, only public officials, such as law enforcement, public safety and humane officers, can legally break into a car to rescue an animal in distress."

I see several potential downsides for citizens breaking windows, including:
1) Mistake: the dog is not in distress;
2) Owner mistakes bystander who tries to rescue dog for a thief and an altercation occurs;
3) The dog escapes and is injured or killed
4) The dog does not understand "good intentions" and thinks the bystander is a threat and attacks -- the dog could then be deemed a "dangerous dog."

I think it's important that as lawyers we give our clients a clear picture of the consequences of their actions. In this case, it's a possible felony conviction. Some people may be willing to risk that to save an animal in distress.

There is the affirmative defense of "necessity" which may be available.

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