[HOME]
Indiana State Statutes
Back to Main

IC 35-46-3-7
Abandonment or neglect of vertebrate animals
    
35-46-3-7 Sec. 7. A person having a vertebrate animal in the person's custody who recklessly, knowingly, or intentionally abandons or neglects the animal commits cruelty to an animal, a Class B misdemeanor.
As added by P.L.193-1987, SEC.10.

IC 35-46-3-12
Torture or mutilation of a vertebrate animal
    
35-46-3-12 Sec. 12. (a) This section does not apply to a person who euthanizes an injured, a sick, a homeless, or an unwanted domestic animal if:
        (1) the person is employed by a humane society, an animal control agency, or a governmental entity operating an animal shelter or other animal impounding facility; and
        (2) the person euthanizes the domestic animal in accordance with guidelines adopted by the humane society, animal control agency, or governmental entity operating the animal shelter or other animal impounding facility.
    (b) A person who knowingly or intentionally beats a vertebrate animal 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 this section; or
        (2) the person knowingly or intentionally tortures or mutilates a vertebrate animal.
    (c) It is a defense to a prosecution under this section that the accused 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 from destruction or substantial damage; or
            (C) prevent a seriously injured vertebrate animal from prolonged suffering; or
        (2) engaged in a reasonable and recognized act of training, handling, or disciplining the vertebrate animal.
As added by P.L.193-1987, SEC.15. Amended by P.L.41-1998, SEC.2; P.L.132-2002, SEC.1.


Summary of Indiana Animal Cruelty Laws from www.aspca.org

(Criminal Law & Procedure Miscellanous Offenses / Offenses Relating to Animals)35-46-3-5 Exceptions - 1998


Summary: Exceptions to animal cruelty statutes: fishing, hunting, trapping, or other conduct authorized under IC 14-22 killing dogs that injure or kill livestock (IC 15-5-7) veterinary practices authorized by state standards (IC 15-5-1.1-8) conduct authorized by local ordinance acceptable farm management practices conduct authorized by the Indiana Meat and Poultry Inspection and Humane Slaughter Act, and rules for state or federally inspected livestock slaughtering facilities research facility registered with the USDA under the federal Animal Welfare Act (7 USC 2131 et seq.) destruction of a vertebrate defined as a pest under IC 15-3-3.6-2(22) Destruction of an animal by electrocution is authorized only if conducted by a person engaged in an acceptable farm management practice, by a research facility registered with the USDA under the Animal Welfare Act, or for the Animal Disease Diagnostic Laboratory established under IC 15-2.1-5-1, a research facility licensed by the USDA, a college, or a university.


(Criminal Law & Procedure Miscellaneous Offenses) 35-46-3-12 Beating a vertebrate animal - 1987, amended 1998,2002

Summary: Prohibits cruelty to an animal: knowingly or intentionally beating a vertebrate animal Increased penalty applies if: the offender has a prior unrelated conviction under this section, or the offender knowingly or intentionally tortures or mutilates the animal Exceptions: humane society, animal control or animal shelter employee who euthanizes an injured, sick, homeless or unwanted domestic animal if in accordance with the facility's euthanasia guidelines reasonable belief that the conduct was necessary to prevent injury to a person reasonable belief that the conduct was necessary to protect the property of the accused from destruction or substantial damage reasonable belief that the conduct was necessary to prevent seriously injured vertebrate animal from prolonged suffering engaged in a reasonable and recognized act of training, handling, or disciplining the vertebrate animal Note: See 35-46-3-5 above for further exceptions.

Penalty: Animal Cruelty: Class A Misdemeanor (35-50-3-2) maximum one year confinement; maximum $5,000 fine. Torture or mutilation: Class D felony Prior conviction: Class D felony. (35-50-2-7) Class D felony 1.5 yrs confinement, plus or minus up to one year depending on mitigating or aggravating circumstances and/or maximum $10,000 fine. Any law enforcement officer or other person with authority to impound animals who has probable cause can take custody of the animal involved.


Web page © 2007 Indiana Coyote Rescue Center
Last revised: February 24, 2007