§ 4-76. Exceptions.

Notwithstanding the provisions of this division, no dog shall be classified as a dangerous dog or potentially dangerous dog within the meaning of this division as a result of an injury upon a human being inflicted at a time when the dog was being used by a law enforcement officer to carry out the law enforcement officer's official duties. No dog shall be considered a dangerous dog or potentially dangerous dog within the meaning of this division as a result of an injury inflicted by the dog upon a person who, at the time of injury, was committing a willful trespass or other tort; who was tormenting, abusing or assaulting the dog or had done so in the past; or who was attempting to commit a crime. If the person injured is a child of tender years, the age, understanding, and capacity of such child shall be considered to determine whether such child was capable of committing a willful trespass or other tort or a crime.

State law reference

Similar provisions, O.C.G.A. § 4-8-20(b).