Penal Code - PEN 399. PART 1. OF CRIMES AND PUNISHMENTS [25. - 680.4.] TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a. - 402c.] (a) If any person owning or having custody or control 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. (b) If any person owning or having custody or control 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, causes serious bodily injury to 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 misdemeanor or a felony. Amended by Stats. 2001, Ch. 257, Sec. 1. Effective September 5, 2001.