Fake service dogs are becoming a nationwide problem, hurting genuine handlers and creating confusion for businesses and the public.
Each time someone falsely claims their pet is a service animal, it weakens trust, causes access disputes, and pushes lawmakers to tighten regulations. What many don’t realize is that this “shortcut” can now lead to heavy fines or even jail time in 2025.
Knowing what the ADA actually allows, and how state laws enforce penalties, can help you stay compliant and avoid costly mistakes.
Let’s uncover how the ADA defines access rights and what fake psychiatric service dog penalties are in 2025.
Under the Americans with Disabilities Act (ADA), a service animal is defined as a dog, or, in limited cases, a miniature horse that is individually trained to perform specific tasks for a person with a disability.
That includes psychiatric service dogs (PSDs), PTSD service dogs, which are trained to assist individuals with mental health conditions such as PTSD, severe anxiety, panic disorder, or depression.
Examples of psychiatric service dog tasks include interrupting panic attacks, grounding during flashbacks, or reminding a handler to take medication.
A “fake service dog” (or fake psychiatric service dog) refers to any animal that:
Misrepresentation can result in state-level penalties, including fines, community service, or even imprisonment, depending on the jurisdiction.
The ADA guarantees public access rights for trained service dogs, including psychiatric ones, but does not itself impose criminal penalties for fake service animals. Enforcement is handled through state or local laws.
When someone enters with a service dog, staff may ask only two questions:
They cannot require:
The ADA governs access and defines “service animals,” but state laws create punishments for fake or misrepresented service dogs, including fake psychiatric ones.
As of 2025, 45 U.S. states and Washington, D.C., have enacted laws penalizing fake or misrepresented service animals. Only a few states (like Delaware, Illinois, Maryland, Massachusetts, and Vermont) rely on general fraud or trespass laws instead.
State | Statute / Citation | Offense Type | Maximum Penalty |
Alabama | Code §21-7-4.3 | Class C misdemeanor | Up to $100 fine |
Alaska | AS §11.76.130 | Misdemeanor | Up to $250 fine |
Arizona | A.R.S. §11-1024 | Class 2 misdemeanor | Up to $250 fine |
Arkansas | A.C.A. §20-14-304 | Misdemeanor | Up to $250 fine |
California | PC §365.7 / AB 468 | Misdemeanor | Up to 6 months jail, $1,000 fine |
Colorado | CRS §18-13-107.3 | Civil infraction | $25–$500 fine |
Florida | §413.08, F.S. | 2nd-degree misdemeanor | 60 days jail, $500 fine |
Georgia | O.C.G.A. §30-4-4 | Misdemeanor | Up to $500 fine |
Hawaii | HRS §347-2.6 | Petty misdemeanor | — |
Idaho | §18-5811A | Misdemeanor | $100 fine |
Indiana | IC §35-46-3-11.5 | Infraction | Up to $100 fine |
Iowa | §216C.11 | Simple misdemeanor | Up to $625 fine |
Kansas | §39-1112 | Class A misdemeanor | — |
Kentucky | §258.991 | Class B misdemeanor | — |
Louisiana | RS §46:1959 | Misdemeanor | $500 fine |
Maine | Title 17 §1312 | Civil violation | Fine of up to $1,000 |
Michigan | MCL §37.303 | Misdemeanor | $500 fine, 90 days jail |
Minnesota | §256C.02 | Petty misdemeanor | — |
Mississippi | §43-6-155 | Misdemeanor | $250 fine |
Missouri | §209.204 | Class C misdemeanor | — |
Montana | §49-4-214 | Misdemeanor | $1,000 fine |
Nebraska | §20-127 | Misdemeanor | — |
Nevada | §426.805 | Misdemeanor | $500 fine |
New Mexico | §28-11-6 | Misdemeanor | — |
New York | A&M §118 | Violation | $100 fine / 15 days jail |
North Carolina | §168-4.5 | Class 3 misdemeanor | $200 fine |
North Dakota | §25-13-02 | Infraction | $100 fine |
Ohio | §955.43 | Minor misdemeanor | — |
Oklahoma | §21-1135.6 | Misdemeanor | $100 fine |
Oregon | §659A.143 | Class C misdemeanor | — |
Pennsylvania | §7325 | Misdemeanor (contextual) | $1,000 fine |
Rhode Island | Local statutes | Civil violation | 30 hrs service |
South Carolina | §47-3-980 | Misdemeanor | $250 fine / 30 days jail |
Tennessee | State statute | Class B misdemeanor | 100 hrs service |
Texas | HRC §121.006 | Misdemeanor | $1,000 fine + 30 hrs service |
Utah | §62A-5b-106 | Class C misdemeanor | — |
Virginia | §51.5-44.1 | Class 4 misdemeanor | — |
Washington | RCW 49.60.214 | Civil infraction | $500 fine |
West Virginia | §5-15-9 | Misdemeanor | $200 fine |
Wisconsin | §951.097 | Civil forfeiture | — |
Wyoming | §35-13-203 | Misdemeanor | $750 fine |
These states handle cases under general fraud or disorderly conduct laws rather than a specific guide dog misrepresentation statute.
Note: These laws apply to any fake service animal, including psychiatric service dogs. A dog that merely provides comfort without trained tasks is not considered a dog as a service animal, and misrepresenting it as one is illegal in most states. Always verify the latest statute through Justia or your state’s official legislative website.
Each state defines service animal misrepresentation differently. They target verbal claims, fake tags, misuse of service vests, or falsified ESA paperwork or PSD letters. Some classify these actions as misdemeanors punishable by fines or jail time, others treat them as civil infractions, and a few issue warnings before enforcing penalties.
In a nutshell, misrepresenting a pet as a service dog, whether physical or psychiatric, is a punishable offense in most U.S. states. The ADA defines access rights, but state laws enforce the consequences, often through fines, jail time, or mandatory community service.
Understanding the laws around fake psychiatric service dog penalties is essential for pet owners and businesses alike. Before claiming any service status, ensure your dog is properly task-trained and that you’re aware of your state’s specific legal requirements to stay compliant and respectful of genuine service animal teams.
If you’re looking for legitimate ESA (Emotional Support Animal) or PSD (Psychiatric Service Dog) documentation, RealESAletter.com can help. We make the process simple, legal, and secure with licensed mental health professionals guiding you every step of the way.
No. The ADA doesn’t impose criminal penalties; only state laws do.
If your dog isn’t specifically trained to perform tasks for a psychiatric disability, it’s not a service dog. Some states reduce penalties if you didn’t act fraudulently, but “good faith” isn’t a legal defense everywhere.
No. These have no legal status under the ADA or state law. In some states (like California’s AB 468), even selling such fake credentials can bring civil penalties.
No. The law treats fake psychiatric service dogs the same as any other fake service animal. If the dog isn’t trained to perform tasks for a psychiatric disability, it’s legally a pet, and misrepresenting it is subject to the same fines or jail time.
Not all, but 45 states and D.C. currently do. Where no specific law exists, general fraud or trespass statutes may still apply.
WRITTEN BY
Dr. Alex Morgan
Dr. Alex Morgan is a Licensed Mental Health Professional (LMHP) with a strong background in animal-assisted therapy. He specializes in the evaluation and prescription of Psychiatric Service Dogs (PSDs) and other service animals. With years of experience helping individuals navigate emotional and psychological challenges, Dr. Morgan is passionate about educating the public on the rights, benefits, and responsibilities that come with having a service animal.
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