Statue – § 28-1009.01. Interference with a service animal A person commits the offense of interference with a service animal when he or she (a) intentionally impedes, interferes, or threatens to impede or interfere or (b) attempts to intentionally impede, interfere, or threaten to impede or interfere with an animal that he or she knows or has reason to believe is a service animal for a blind or visually impaired person, a deaf or hearing-impaired person, or a physically limited person.
a) What are the two basic elements of nearly every criminal offense? Explain how those elements are included in the statute above. That is, what words from the statute above describe the two basic elements?
b) What is the evidentiary burden of proof (or burden of persuasion) for criminal cases? How does it differ from the evidentiary burden of proof (or burden of persuasion) for civil cases?
Assume that this is what happened: Zoey is a blind woman with a service dog named Ranger. While Zoey was out walking with Ranger one day, Jane saw Zoey and Ranger and started to pet the dog. Zoey asked Jane to stop petting Ranger and explained that he was a working dog. Jane stopped petting Ranger and watched Zoey and Ranger walk away. It was then that Jane noticed that Ranger, although walking normally, was leaving drops of blood from his back paw with every step. Jane thought Ranger might have glass in his foot. She ran to catch up with Zoey and then took hold of Ranger’s collar and gently picked up Ranger’s back foot to begin inspecting it for glass. Zoey protested loudly and accused Jane of illegally interfering with her service dog.
c) Outline how a prosecutor would plan his or her case presentation for the case above against Jane. What elements would need to be proven and what facts would be used to prove each element?
d) What defenses would be available to Jane in this circumstance? What evidence might she offer to assert her defenses? Explain your answers.