California Penal Code §399 — Mischievous Animal Causing Death
PC §399 punishes the owner or keeper of a 'mischievous animal' — an animal the person knows has vicious propensities — who willfully or negligently allows the animal to run free, resulting in the death of or serious injury to a human. Wobbler: misdemeanor up to 1 year in county jail; felony 16 months, 2, or 3 years state prison when death results (§399(a)). The prosecution's central proof burden is scienter — that the owner actually knew (not merely should have known) of the animal's dangerous nature.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Mischievous Animal Causing Death Cases in All LA County Courts
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01 — Quick Facts
PC §399 — Mischievous Animal Causing Death at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §399 — Owner of Mischievous Animal Causing Death or GBI |
| Code Type | Penal Code (PC) |
| Classification | Wobbler |
| Misdemeanor Penalty | Up to 1 year county jail |
| Felony Penalty (death) | 16 months, 2, or 3 years prison |
| Central Element | Scienter — owner knew of vicious propensity |
| Companion Charge | PC §399.5 (dog attack causing SBI) |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §399?
What Is California Penal Code §399?
PC §399 Reads:
"If the owner of a mischievous animal, knowing its propensities, willfully suffers it to go at large, or keeps it without ordinary care, and the animal, while so at large, or while not kept with ordinary care, kills any human being who has taken all the precautions that the circumstances permitted, or which a reasonable person would ordinarily take in the same situation, is guilty of a felony."
— California Penal Code §399(a)
PC §399 is California's rarely-charged-but-serious dangerous-animal statute. It applies to any animal — dogs, horses, exotic pets, livestock — whose owner has actual knowledge of vicious propensities and who either willfully allows it at large or fails to keep it with ordinary care, resulting in death (§399(a)) or serious injury (§399(b)) to a human. §399 supplies both a stand-alone criminal remedy AND, in death cases, a predicate act supporting involuntary manslaughter (§192(b)) or, in extreme cases, second-degree implied-malice murder (People v. Berry).
PC §399 vs. §399.5 vs. §192(b)
§399 = any 'mischievous animal' causing death or SBI (wobbler). §399.5 = dog trained as fighting or attack dog causing SBI (wobbler). §192(b) = involuntary manslaughter when owner's criminal negligence with an animal causes death. In extreme cases with prior known attacks, People v. Berry supports second-degree murder — up to 15-to-life.
PC §399(a) — Death Results
Owner willfully or negligently allows known-vicious animal at large; animal kills human. Felony: 16 mo, 2, or 3 yrs prison.
PC §399(b) — Serious Injury
Same scienter framework, serious bodily injury short of death. Wobbler with misdemeanor default.
Why §399 Cases Rarely Stand Alone
§399 is almost always filed with companion counts — §192(b) involuntary manslaughter or §187 second-degree murder in the most egregious dog-fatality cases (People v. Berry established that pit-bull deaths with prior bite history can support implied-malice murder). Civil parallel exposure is severe: strict liability under Civil Code §3342 for dog bites; punitive damages under Civil Code §3294 when scienter is proven. Animal Control acts (impound, destruction, dangerous-dog registration under Food & Ag Code §31601 et seq.) run in parallel.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §399
To convict under PC §399(a) the People must prove each element beyond a reasonable doubt.
Ownership / Custody of the Animal
The defendant was the owner or keeper of the animal at the time of the incident.
Knowledge of Vicious Propensities
The owner actually knew — not merely 'should have known' — that the animal had a dangerous or vicious nature. Prior bite history, aggressive behavior reports, breed alone insufficient.
Willful or Negligent Allowance
The owner willfully allowed the animal to run at large OR failed to keep it with 'ordinary care.'
Proximate Cause of Death or SBI
The animal, while at large or without ordinary care, killed (§399(a)) or seriously injured (§399(b)) a human being.
Victim Took Reasonable Precautions
The victim 'took all the precautions that the circumstances permitted' — trespassers, aggressors, or victims who taunted the animal may fall outside statute.
03 — Degrees
PC §399 — Tiers & Degrees
PC §399 subsections divide by outcome.
§399(a) — Death
Fatal cases — straight felony. Often paired with §192(b) involuntary manslaughter.
§399(b) — Serious Bodily Injury
Non-fatal serious injury. Wobbler with misdemeanor default; felony filings for prior-notice owners.
§399.5 — Attack/Fighting Dog
Companion statute for dogs specifically trained to attack or fight.
04 — Penalties
Penalties for PC §399 Mischievous Animal Causing Death in California
PC §399 exposure and commonly stacked charges.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §399(a) — Death | PC §399(a) | 16 months, 2, or 3 years prison | Available | No (yes if paired with §192 GBI enh.) |
| §399(b) — SBI | PC §399(b) | Up to 1 yr jail / 16 mo, 2, or 3 yrs | Available | No |
| Involuntary Manslaughter (paired) | PC §192(b) | 2, 3, or 4 years prison | Available | No |
| Implied-Malice Murder (Berry cases) | PC §187 | 15 to life (2nd degree) | No | Yes |
Aggravating Companion Charges
Involuntary Manslaughter
PC §192(b)
Criminal negligence with known-dangerous animal supports involuntary manslaughter — 2, 3, or 4 years.
Second-Degree Implied-Malice Murder
PC §187 (People v. Berry)
In extreme cases with documented prior attacks and conscious disregard, second-degree murder — 15 to life.
Dogfighting
PC §597.5
Prior dog-fighting convictions or evidence of fight training escalate §399 exposure and civil liability.
Animal Cruelty
PC §597
Neglect or abuse of the animal itself commonly filed alongside §399.
Child-Victim Aggravator
PC §273a
When the victim is a minor, PC §273a child-endangerment counts often stack — wobbler up to 6 years.
Collateral Consequences
- Mandatory animal destruction or dangerous-dog registration (Food & Ag Code §31601 et seq.)
- Strict-liability civil suits for dog-bite fatalities under Civil Code §3342
- Punitive damages under Civil Code §3294 when scienter proven
- Homeowners-insurance non-renewal and future coverage exclusion
- Firearms disability on felony conviction (PC §29800)
- Immigration crime-of-violence analysis under 18 U.S.C. §16(b)
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §399 Mischievous Animal Causing Death Charges
Rubin Law, P.C. defends §399 cases with animal-behavior experts, veterinary records, and containment forensics.
No Actual Knowledge of Viciousness
Prior bite history, Animal Control reports, and veterinary records do not establish actual scienter. Breed reputation alone is not knowledge under §399.
People v. Neary
Adequate Containment / Ordinary Care
The enclosure met code and industry standard. Escape was caused by third-party interference (child opened gate, storm damage, break-in).
Civil Code §3342
Victim Provocation / Trespass
Victim taunted, attacked, or trespassed on the animal's territory. §399 requires the victim 'took all the precautions the circumstances permitted.'
PC §399
Intervening Cause
An independent intervening act (medical event, unrelated dog, third-party assault) broke the chain of proximate causation.
People v. Cervantes
Not the 'Owner or Keeper'
Defendant was a landlord, houseguest, or short-term caretaker with no ongoing control of the animal.
PC §399
Illegal Search / Statement
Post-incident statements suppressed under Miranda; Animal Control seizures suppressed under §1538.5.
Miranda / PC §1538.5
Constitutional Sources
07 — Court Process
How PC §399 Mischievous Animal Causing Death Cases Move Through Los Angeles Courts
How a PC §399 dangerous-animal case moves through LA County courts.
- 1
Step 1 — Animal Control / Police Response
Cases begin with an emergency call, Animal Control seizure of the animal, and interviews with witnesses and neighbors. Preserve any surveillance footage immediately.
- 2
Step 2 — Investigation / Prior-Attack Discovery
Detectives pull Animal Control records, veterinary reports, prior 911 calls, and homeowners-insurance claims to build the scienter case.
- 3
Step 3 — Filing Decision
DA reviews for §399(b) misdemeanor or felony filing. Fatal cases prompt §192(b) or §187 review under People v. Berry.
- 4
Step 4 — Arraignment
Bail set based on victim status, prior warnings, and animal's disposition. Animal impound pending dangerous-dog hearing.
- 5
Step 5 — Dangerous-Dog Hearing (Food & Ag §31601)
Separate civil proceeding on destruction/registration. Findings often used at criminal trial — early litigation critical.
- 6
Step 6 — Trial or Negotiated Plea
Common outcomes: reduction to §399(b) misdemeanor, PC §17(b) wobbler reduction, or animal-forfeiture-plus-restitution disposition.
Los Angeles Courts That Handle PC §399 Mischievous Animal Causing Death Cases
LA-area courts most commonly handling PC §399 filings.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Mischievous Animal Causing Death Defense Attorney
Daniel S. Rubin has defended clients charged with mischievous animal causing death and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §399 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Mischievous Animal Causing Death Cases Throughout LA County
See our full Mischievous Animal Causing Death defense practice
09 — FAQs
PC §399 Mischievous Animal Causing Death Questions — Los Angeles
What is PC §399?
California's dangerous-animal statute. Punishes an owner or keeper who, knowing an animal's vicious propensities, willfully allows it at large or fails to keep it with ordinary care, resulting in the death (§399(a)) or serious injury (§399(b)) of a human.
What is the penalty for PC §399?
§399(a) death cases: straight felony, 16 months, 2, or 3 years prison. §399(b) serious injury: wobbler, up to 1 year jail or 3 years prison.
Is PC §399 a strike?
Not automatically. Becomes a strike only when paired with a GBI enhancement or when the underlying offense is a strike (e.g., §187 second-degree murder under Berry).
What does 'mischievous animal' mean?
An animal — of any species — with vicious or dangerous propensities known to the owner. Prior bites, aggressive lunging, veterinary aggression flags, or Animal Control warnings typically establish notice.
Is 'should have known' enough?
No. §399 requires actual knowledge of the animal's viciousness — not constructive knowledge. Breed reputation alone is not sufficient.
Can I face second-degree murder charges?
Yes, in extreme dog-attack cases. People v. Berry established that documented prior attacks plus conscious disregard for known lethal risk can support implied-malice second-degree murder — 15 to life.
Will the animal be destroyed?
A separate dangerous-dog proceeding under Food & Agriculture Code §31601 et seq. determines destruction or registration. Rubin Law, P.C. litigates both the criminal case and the destruction proceeding.
What should I do if my dog bit someone?
Preserve the animal safely, obtain vaccination and veterinary records, save all surveillance and messaging, do not make statements to Animal Control or police beyond identifying yourself, and call Rubin Law, P.C. before any interview.
Available 24/7 — Free Consultation
Charged With PC §399 Dangerous Animal in Los Angeles?
§399(a) is a straight felony with prison exposure — plus civil liability and animal destruction proceedings. Rubin Law, P.C. defends dog-attack, livestock, and exotic-animal cases in criminal and civil court. Call now.