CHAPTER 3. OFFENSES RELATING TO ANIMALS
IC 35-46-3
Chapter 3. Offenses Relating to Animals
IC 35-46-3-0.5
Definitions
Sec. 0.5. The following definitions apply throughout this chapter:
(1) "Abandon" means to desert an animal or to leave the animalpermanently in a place without making provision for adequatelong term care of the animal. The term does not include leavingan animal in a place that is temporarily vacated for theprotection of human life during a disaster.
(2) "Beat" means to unnecessarily or cruelly strike an animal,or to throw the animal against an object causing the animal tosuffer severe pain or injury. The term does not includereasonable training or disciplinary techniques.
(3) "Mutilate" means to wound, injure, maim, or disfigure ananimal by irreparably damaging the animal's body parts or torender any part of the animal's body useless. The term includesbodily injury involving:
(A) serious permanent disfigurement;
(B) serious temporary disfigurement;
(C) permanent or protracted loss or impairment of thefunction of a bodily part or organ; or
(D) a fracture.
(4) "Neglect" means:
(A) endangering an animal's health by failing to provide orarrange to provide the animal with food or drink, if theanimal is dependent upon the person for the provision offood or drink;
(B) restraining an animal for more than a brief period in amanner that endangers the animal's life or health by the useof a rope, chain, or tether that:
(i) is less than three (3) times the length of the animal;
(ii) is too heavy to permit the animal to move freely; or
(iii) causes the animal to choke;
(C) restraining an animal in a manner that seriouslyendangers the animal's life or health;
(D) failing to:
(i) provide reasonable care for; or
(ii) seek veterinary care for;
an injury or illness to a dog or cat that seriously endangersthe life or health of the dog or cat; or
(E) leaving a dog or cat outside and exposed to:
(i) excessive heat without providing the animal with ameans of shade from the heat; or
(ii) excessive cold if the animal is not provided with strawor another means of protection from the cold;
regardless of whether the animal is restrained or kept in akennel.
(5) "Torture" means: (A) to inflict extreme physical pain or injury on an animalwith the intent of increasing or prolonging the animal's pain;or
(B) to administer poison to a domestic animal (as defined insection 12(d) of this chapter) or expose a domestic animal toa poisonous substance with the intent that the domesticanimal ingest the substance and suffer harm, pain, orphysical injury.
As added by P.L.171-2007, SEC.5. Amended by P.L.111-2009,SEC.10.
IC 35-46-3-1
Harboring a non-immunized dog
Sec. 1. A person who knowingly or intentionally harbors a dogthat is over the age of six (6) months and not immunized againstrabies commits harboring a non-immunized dog, a Class C infraction.However, the offense is a Class B misdemeanor if the dog causesbodily injury by biting a person.
As added by Acts 1976, P.L.148, SEC.6. Amended by Acts 1977,P.L.340, SEC.94.
IC 35-46-3-2
Repealed
(Repealed by P.L.193-1987, SEC.17.)
IC 35-46-3-3
"Animal"
Sec. 3. As used in this chapter, "animal" does not include a humanbeing.
As added by P.L.193-1987, SEC.6.
IC 35-46-3-4
"Animal fighting contest"
Sec. 4. As used in this chapter, "animal fighting contest" meansa conflict between two (2) or more animals. The term does notinclude a conflict that is unorganized or accidental.
As added by P.L.193-1987, SEC.7.
IC 35-46-3-4.3
"Animal fighting paraphernalia"
Sec. 4.3. As used in this chapter, "animal fighting paraphernalia"means equipment used to train or condition animals for participationin an animal fighting contest.
As added by P.L.76-2002, SEC.2.
IC 35-46-3-4.5
"Law enforcement animal"
Sec. 4.5. (a) As used in this chapter, "law enforcement animal"means an animal that is owned or used by a law enforcement agencyfor the principal purposes of: (1) aiding in:
(A) the detection of criminal activity;
(B) the enforcement of laws; and
(C) the apprehension of offenders; and
(2) ensuring the public welfare.
(b) The term includes, but is not limited to, the following:
(1) A horse.
(2) An arson investigation dog.
(3) A bomb detection dog.
(4) A narcotic detection dog.
(5) A patrol dog.
As added by P.L.213-1997, SEC.2. Amended by P.L.9-2003, SEC.1.
IC 35-46-3-5
Exceptions from chapter; electrocution
Sec. 5. (a) Except as provided in subsections (b) through (c), thischapter does not apply to the following:
(1) Fishing, hunting, trapping, or other conduct authorizedunder IC 14-22.
(2) Conduct authorized under IC 15-20-2.
(3) Veterinary practices authorized by standards adopted underIC 25-38.1-2-14.
(4) Conduct authorized by a local ordinance.
(5) Acceptable farm management practices.
(6) Conduct authorized by IC 15-17, and rules adopted underIC 15-17 for state or federally inspected livestock slaughteringfacilities and state or federal animal disease control programs.
(7) A research facility registered with the United StatesDepartment of Agriculture under the federal Animal WelfareAct (7 U.S.C. 2131 et seq.).
(8) Destruction of a vertebrate defined as a pest underIC 15-16-5-24.
(9) Destruction of or injury to a fish.
(10) Destruction of a vertebrate animal that is:
(A) endangering, harassing, or threatening livestock or adomestic animal; or
(B) destroying or damaging a person's property.
(11) Destruction of an animal by an animal control program,including an animal control facility, an animal shelter, or ahumane society.
(12) Destruction of an injured or ill animal by an individual toprevent the animal from prolonged suffering.
(13) Conduct not resulting in serious injury or illness to theanimal that is incidental to exhibiting an animal for show,competition, or display, or that is incidental to transporting theanimal for show, competition, or display.
(14) Parking an animal.
(15) Humane destruction of an animal that the person owns.
(b) Section 1 of this chapter applies to conduct described insubsection (a). (c) Destruction of an animal by electrocution is authorized underthis section only if it is conducted by a person who is engaged in anacceptable farm management practice, by a research facilityregistered with the United States Department of Agriculture underthe Animal Welfare Act, or for the animal disease diagnosticlaboratory established under IC 21-46-3-1, a research facilitylicensed by the United States Department of Agriculture, a college,or a university.
As added by P.L.193-1987, SEC.8. Amended by P.L.2-1993,SEC.188; P.L.1-1995, SEC.76; P.L.137-1996, SEC.74; P.L.41-1998,SEC.1; P.L.2-2007, SEC.378; P.L.171-2007, SEC.6; P.L.2-2008,SEC.79; P.L.111-2009, SEC.11.
IC 35-46-3-6
Impoundment of animals; probable cause hearing; penalties;custody; bond
Sec. 6. (a) This section does not apply to a violation of section 1of this chapter.
(b) Any law enforcement officer or any other person havingauthority to impound animals who has probable cause to believethere has been a violation of this chapter or IC 15-20-1-4 may takecustody of the animal involved.
(c) The owner of an animal that has been impounded under thissection may prevent disposition of the animal by an animal shelterthat is caring for the animal by posting, not later than ten (10) daysafter the animal has been impounded, a bond with the court in anamount sufficient to provide for the animal's care and keeping for atleast thirty (30) days, beginning from the date the animal wasimpounded. The owner may renew a bond by posting a new bond, inan amount sufficient to provide for the animal's care and keeping forat least an additional thirty (30) days, not later than ten (10) daysafter the expiration of the period for which a previous bond wasposted. If a bond expires and is not renewed, the animal shelter maydetermine disposition of the animal, subject to court order. If theowner of an animal impounded under this section is convicted of anoffense under this chapter or IC 15-20-1-4, the owner shall reimbursethe animal shelter for the expense of the animal's care and keeping.If the owner has paid a bond under this subsection, the animal sheltermay euthanize an animal if a veterinarian determines that an animalis suffering extreme pain.
(d) If the owner requests, the court having jurisdiction of criminalcharges filed under this chapter or IC 15-20-1 shall hold a hearing todetermine whether probable cause exists to believe that a violationof this chapter or IC 15-20-1 has occurred. If the court determinesthat probable cause does not exist, the court shall order the animalreturned to its owner, and the return of any bond posted by its owner.
(e) Whenever charges are filed under this chapter, the court shallappoint the state veterinarian under IC 15-17-4-1 or the stateveterinarian's designee to:
(1) investigate the condition of the animal and the
circumstances relating to the animal's condition; and
(2) make a recommendation to the court under subsection (f)regarding the confiscation of the animal.
(f) The state veterinarian or the state veterinarian's designee whois appointed under subsection (e) shall do the following:
(1) Make a recommendation to the court concerning whetherconfiscation is necessary to protect the safety and well-being ofthe animal.
(2) If confiscation is recommended under subdivision (1),recommend a manner for handling the confiscation anddisposition of the animal that is in the best interests of theanimal.
The state veterinarian or the state veterinarian's designee whosubmits a recommendation under this subsection shall articulate tothe court the reasons supporting the recommendation.
(g) The court:
(1) shall give substantial weight to; and
(2) may enter an order based upon;
a recommendation submitted under subsection (f).
(h) If a person is convicted of an offense under this chapter orIC 15-20-1, the court may impose the following additional penaltiesagainst the person:
(1) A requirement that the person pay the costs of caring for ananimal involved in the offenses that are incurred during a periodof impoundment authorized under subsection (b).
(2) An order terminating or imposing conditions on the person'sright to possession, title, custody, or care of:
(A) an animal that was involved in the offense; or
(B) any other animal in the custody or care of the person.
(i) If a person's right to possession, title, custody, or care of ananimal is terminated under subsection (h), the court may:
(1) award the animal to a humane society or other organizationthat has as its principal purpose the humane treatment ofanimals; or
(2) order the disposition of the animal as recommended undersubsection (f).
As added by P.L.193-1987, SEC.9. Amended by P.L.176-1993,SEC.6; P.L.166-1993, SEC.5; P.L.14-2000, SEC.75; P.L.76-2002,SEC.3; P.L.171-2007, SEC.7; P.L.2-2008, SEC.80.
IC 35-46-3-7
Abandonment or neglect of vertebrate animals; defense
Sec. 7. (a) A person who:
(1) has a vertebrate animal in the person's custody; and
(2) recklessly, knowingly, or intentionally abandons or neglectsthe animal;
commits cruelty to an animal, a Class A misdemeanor. However,except for a conviction under section 1 of this chapter, the offense isa Class D felony if the person has a prior unrelated conviction underthis chapter. (b) It is a defense to a prosecution for abandoning a vertebrateanimal under this section that the person who had the animal in theperson's custody reasonably believed that the vertebrate animal wascapable of surviving on its own.
(c) For purposes of this section, an animal that is feral is not in aperson's custody.
As added by P.L.193-1987, SEC.10. Amended by P.L.171-2007,SEC.8; P.L.111-2009, SEC.12.
IC 35-46-3-8
Purchase or possession of animals for fighting contests
Sec. 8. A person who knowingly or intentionally purchases orpossesses an animal for the purpose of using the animal in an animalfighting contest commits a Class D felony.
As added by P.L.193-1987, SEC.11. Amended by P.L.171-2007,SEC.9.
IC 35-46-3-8.5
Possession of animal fighting paraphernalia
Sec. 8.5. A person who knowingly or intentionally possessesanimal fighting paraphernalia with the intent to commit a violationof IC 35-46-3-9 commits possession of animal fighting paraphernalia,a Class B misdemeanor. However, the offense is a Class Amisdemeanor if the person has a prior unrelated conviction under thissection.
As added by P.L.76-2002, SEC.4.
IC 35-46-3-9
Promotion, use of animals, or attendance with animal at animalfighting contest
Sec. 9. A person who knowingly or intentionally:
(1) promotes or stages an animal fighting contest;
(2) uses an animal in a fighting contest; or
(3) attends an animal fighting contest having an animal in theperson's possession;
commits a Class D felony.
As added by P.L.193-1987, SEC.12.
IC 35-46-3-9.5
Promoting an animal fighting contest
Sec. 9.5. A person who knowingly or intentionally:
(1) possesses animal fighting paraphernalia with the intent tocommit a violation of IC 35-46-3-9; and
(2) possesses, harbors, or trains a dog, cock, fowl, or birdbearing:
(A) a scar;
(B) a wound; or
(C) an injury;
consistent with participation in or training for an animalfighting contest;commits promoting an animal fighting contest, a Class D felony.
As added by P.L.76-2002, SEC.5.
IC 35-46-3-10
Attendance at fighting contest
Sec. 10. A person who knowingly or intentionally attends afighting contest involving animals commits cruelty to an animal, aClass A misdemeanor. However, except for a conviction undersection 1 of this chapter, the offense is a Class D felony if the personhas a prior unrelated conviction under this chapter.
As added by P.L.193-1987, SEC.13. Amended by P.L.111-2009,SEC.13.
IC 35-46-3-11
Cruelty to a law enforcement animal
Sec. 11. (a) A person who knowingly or intentionally:
(1) strikes, torments, injures, or otherwise mistreats a lawenforcement animal; or
(2) interferes with the actions of a law enforcement animalwhile the animal is engaged in assisting a law enforcementofficer in the performance of the officer's duties;
commits a Class A misdemeanor.
(b) An offense under subsection (a)(1) is a Class D felony if theact results in:
(1) serious permanent disfigurement;
(2) unconsciousness;
(3) permanent or protracted loss or impairment of the functionof a bodily member or organ; or
(4) death;
of the law enforcement animal.
(c) It is a defense that the accused person:
(1) engaged in a reasonable act of training, handling, ordiscipline; and
(2) acted as an employee or agent of a law enforcement agency.
(d) In addition to any sentence or fine imposed for a conviction ofan offense under this section, the court may order the personconvicted to make restitution to the person or law enforcementagency owning the animal for reimbursement of:
(1) veterinary bills; and
(2) replacement costs of the animal if the animal is disabled orkilled.
As added by P.L.193-1987, SEC.14. Amended by P.L.213-1997,SEC.3; P.L.9-2003, SEC.2.
IC 35-46-3-11.3
Cruelty to a search and rescue dog
Sec. 11.3. (a) As used in this section, "search and rescue dog"means a dog that receives special training to locate or attempt tolocate by air scent or ground or water tracking a person who is anoffender or is lost, trapped, injured, or incapacitated. (b) A person who knowingly or intentionally:
(1) interferes with the actions of a search and rescue dog whilethe dog is performing or is attempting to perform a search andrescue task; or
(2) strikes, torments, injures, or otherwise mistreats a searchand rescue dog;
commits a Class A misdemeanor.
(c) An offense under subsection (b)(2) is a Class D felony if theact results in:
(1) serious permanent disfigurement;
(2) unconsciousness;
(3) permanent or protracted loss or impairment of the functionof a bodily member or organ; or
(4) death;
of the search and rescue dog.
(d) It is a defense that the accused person:
(1) engaged in a reasonable act of training, handling, ordisciplining the search and rescue dog; or
(2) reasonably believed the conduct was necessary to preventinjury to the accused person or another person.
(e) In addition to any sentence or fine imposed for a conviction ofan offense under this section, the court may order the person to makerestitution to the person who owns the search and rescue dog forreimbursement of:
(1) veterinary bills; and
(2) replacement costs of the dog if the dog is disabled or killed.
As added by P.L.9-2003, SEC.3.
IC 35-46-3-11.5
Cruelty to a service animal
Sec. 11.5. (a) As used in this section, "service animal" means ananimal that a person who is impaired by:
(1) blindness or any other visual impairment;
(2) deafness or any other aural impairment;
(3) a physical disability; or
(4) a medical condition;
relies on for navigation, assistance in performing daily activities, oralert signals regarding the onset of the person's medical condition.
(b) A person who knowingly or intentionally:
(1) interferes with the actions of a service animal; or
(2) strikes, torments, injures, or otherwise mistreats a serviceanimal;
while the service animal is engaged in assisting an impaired persondescribed in subsection (a) commits a Class A misdemeanor.
(c) An offense under subsection (b)(2) is a Class D felony if theact results in the:
(1) serious permanent disfigurement;
(2) unconsciousness;
(3) permanent or protracted loss or impairment of the functionof a bodily member or organ; or (4) death;
of the service animal.
(d) It is a defense that the accused person:
(1) engaged in a reasonable act of training, handling, ordisciplining the service animal; or
(2) reasonably believed the conduct was necessary to preventinjury to the accused person or another person.
As added by P.L.143-1996, SEC.2. Amended by P.L.9-2003, SEC.4.
IC 35-46-3-12
Torture or mutilation of a vertebrate animal; killing a domesticanimal
Sec. 12. (a) This section does not apply to a person whoeuthanizes an injured, a sick, a homeless, or an unwanted domesticanimal if:
(1) the person is employed by a humane society, an animalcontrol agency, or a governmental entity operating an animalshelter or other animal impounding facility; and
(2) the person euthanizes the domestic animal in accordancewith guidelines adopted by the humane society, animal controlagency, or governmental entity operating the animal shelter orother animal impounding facility.
(b) A person who knowingly or intentionally beats a vertebrateanimal commits cruelty to an animal, a Class A misdemeanor.However, the offense is a Class D felony if:
(1) the person has a previous, unrelated conviction under thissection; or
(2) the person committed the offense with the intent to threaten,intimidate, coerce, harass, or terrorize a family or householdmember.
(c) A person who knowingly or intentionally tortures or mutilatesa vertebrate animal commits torturing or mutilating a vertebrateanimal, a Class D felony.
(d) As used in this subsection, "domestic animal" means an animalthat is not wild. The term is limited to:
(1) cattle, calves, horses, mules, swine, sheep, goats, dogs, cats,poultry, ostriches, rhea, and emus; and
(2) an animal of the bovine, equine, ovine, caprine, porcine,canine, feline, camelid, cervidae, or bison species.
A person who knowingly or intentionally kills a domestic animalwithout the consent of the owner of the domestic animal commitskilling a domestic animal, a Class D felony.
(e) It is a defense to a prosecution under this section that theaccused person:
(1) reasonably believes the conduct was necessary to:
(A) prevent injury to the accused person or another person;
(B) protect the property of the accused person fromdestruction or substantial damage; or
(C) prevent a seriously injured vertebrate animal fromprolonged suffering; or (2) engaged in a reasonable and recognized act of training,handling, or disciplining the vertebrate animal.
(f) When a court imposes a sentence or enters a dispositionaldecree under this section, the court:
(1) shall consider requiring:
(A) a person convicted of an offense under this section; or
(B) a child adjudicated a delinquent child for committing anact that would be a crime under this section if committed byan adult;
to receive psychological, behavioral, or other counseling as apart of the sentence or dispositional decree; and
(2) may order an individual described in subdivision (1) toreceive psychological, behavioral, or other counseling as a partof the sentence or dispositional decree.
As added by P.L.193-1987, SEC.15. Amended by P.L.41-1998,SEC.2; P.L.132-2002, SEC.1; P.L.7-2007, SEC.1; P.L.171-2007,SEC.10; P.L.111-2009, SEC.14.
IC 35-46-3-12.5
Domestic violence animal cruelty
Sec. 12.5. A person who knowingly or intentionally kills avertebrate animal with the intent to threaten, intimidate, coerce,harass, or terrorize a family or household member commits domesticviolence animal cruelty, a Class D felony.
As added by P.L.171-2007, SEC.11.
IC 35-46-3-13
Removal of attack dog's vocal cords; animal cruelty
Sec. 13. (a) A person who knowingly or intentionally removes thevocal cords of a trained attack dog commits cruelty to an animal, aClass A misdemeanor.
(b) It is a defense to a prosecution under this section that theaccused person reasonably believes that the conduct was necessaryto prevent a seriously injured dog from prolonged injury.
As added by P.L.76-2002, SEC.7.
IC 35-46-3-14
Bestiality
Sec. 14. A person who knowingly or intentionally performs an actinvolving:
(1) a sex organ of a person and the mouth or anus of an animal;
(2) a sex organ of an animal and the mouth or anus of a person;
(3) any penetration of the human female sex organ by ananimal's sex organ; or
(4) any penetration of an animal's sex organ by the human malesex organ;
commits bestiality, a Class D felony.
As added by P.L.171-2007, SEC.12.
IC 35-46-3-15 Electrocution or decompression of animals
Sec. 15. (a) This section does not apply to the following:
(1) A state or federally inspected livestock slaughtering facility(for conduct authorized by IC 15-17-5 and rules adopted underthat chapter).
(2) An animal disease diagnostic laboratory established underIC 21-46-3-1.
(3) A postsecondary educational institution.
(4) A research facility licensed by the United States Departmentof Agriculture.
(b) As used in this section, "animal" has the meaning set forth inIC 35-46-3-3.
(c) A person who knowingly or intentionally destroys orauthorizes the destruction of an animal by:
(1) placing the animal in a decompression chamber andlowering the pressure of or the oxygen content in the airsurrounding the animal; or
(2) electrocution;
commits a Class B misdemeanor.
As added by P.L.2-2008, SEC.13.