|
|
|
IC 35-46-3-0.1
Application of certain amendments to chapter
Sec. 0.1. The following amendments to this chapter apply as
follows:
(1) The addition of sections 8.5 and 9.5 of this chapter by
P.L.76-2002 applies only to acts committed after June 30, 2002.
(2) The amendments made to section 12 of this chapter by
P.L.132-2002 apply only to crimes committed after June 30,
2002.
(3) The amendments made to sections 11 and 11.5 of this
chapter by P.L.9-2003 apply only to offenses committed after
June 30, 2003.
(4) The addition of section 11.3 of this chapter by P.L.9-2003
applies only to offenses committed after June 30, 2003.
(5) The amendments made to section 12 of this chapter by
P.L.7-2007 apply only to:
(A) offenses; and
(B) acts that would be a crime if committed by an adult;
that are committed after June 30, 2007.
(6) The amendments made to sections 8 and 12 of this chapter
by P.L.171-2007 apply only to crimes committed after June 30,
2007. However, the amendments made to section 12(d) of this
chapter by P.L.171-2007 apply only to:
(A) crimes; and
(B) delinquent acts that would be crimes if committed by an
adult;
that are committed after June 30, 2007.
(7) The addition of sections 12.5 and 14 of this chapter by
P.L.171-2007 applies only to crimes committed after June 30,
2007.
(8) The amendments made to sections 0.5, 7, 3, 10, and 12 of
this chapter by P.L.111-2009 apply only to crimes committed
after June 30, 2009.
As added by P.L.220-2011, SEC.616.
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 animal
permanently in a place without making provision for adequate
long term care of the animal. The term does not include leaving
an animal in a place that is temporarily vacated for the
protection 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 to
suffer severe pain or injury. The term does not include
reasonable training or disciplinary techniques.
IC 35-46-3-1
Harboring a non-immunized dog
Sec. 1. A person who knowingly or intentionally harbors a dog
that is over the age of six (6) months and not immunized against
rabies commits harboring a non-immunized dog, a Class C infraction.
However, the offense is a Class B misdemeanor if the dog causes
bodily 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 human
being.
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" means
a conflict between two (2) or more animals. The term does not
include 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 participation
in 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 agency
for 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), this
chapter does not apply to the following:
(1) Fishing, hunting, trapping, or other conduct authorized
under IC 14-22.
(2) Conduct authorized under IC 15-20-2.
(3) Veterinary practices authorized by standards adopted under
IC 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 under
IC 15-17 for state or federally inspected livestock slaughtering
facilities and state or federal animal disease control programs.
(7) A research facility registered with the United States
Department of Agriculture under the federal Animal Welfare
Act (7 U.S.C. 2131 et seq.).
(8) Destruction of a vertebrate defined as a pest under
IC 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 a
domestic 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 a
humane society.
(12) Destruction of an injured or ill animal by an individual to
prevent the animal from prolonged suffering.
(13) Conduct not resulting in serious injury or illness to the
animal that is incidental to exhibiting an animal for show,
competition, or display, or that is incidental to transporting the
animal 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 in
subsection (a).
(c) Destruction of an animal by electrocution is authorized under
this section only if it is conducted by a person who is engaged in an
acceptable farm management practice, by a research facility
registered with the United States Department of Agriculture under
the Animal Welfare Act, or for the animal disease diagnostic
laboratory established under IC 21-46-3-1, a research facility
licensed 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 1
of this chapter.
(b) Any law enforcement officer or any other person having
authority to impound animals who has probable cause to believe
there has been a violation of this chapter or IC 15-20-1-4 may take
custody of the animal involved.
(c) The owner of an animal that has been impounded under this
section may prevent disposition of the animal by an animal shelter
that is caring for the animal by posting, not later than ten (10) days
after the animal has been impounded, a bond with the court in an
amount sufficient to provide for the animal's care and keeping for at
least thirty (30) days, beginning from the date the animal was
impounded. The owner may renew a bond by posting a new bond, in
an amount sufficient to provide for the animal's care and keeping for
at least an additional thirty (30) days, not later than ten (10) days
after the expiration of the period for which a previous bond was
posted. If a bond expires and is not renewed, the animal shelter may
determine disposition of the animal, subject to court order. If the
owner of an animal impounded under this section is convicted of an
offense under this chapter or IC 15-20-1-4, the owner shall reimburse
the animal shelter for the expense of the animal's care and keeping.
If the owner has paid a bond under this subsection, the animal shelter
may euthanize an animal if a veterinarian determines that an animal
is suffering extreme pain.
(d) If the owner requests, the court having jurisdiction of criminal
charges filed under this chapter or IC 15-20-1 shall hold a hearing to
determine whether probable cause exists to believe that a violation
of this chapter or IC 15-20-1 has occurred. If the court determines
that probable cause does not exist, the court shall order the animal
returned to its owner, and the return of any bond posted by its owner.
(e) Whenever charges are filed under this chapter, the court shall
appoint the state veterinarian under IC 15-17-4-1 or the state
veterinarian'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 who
is appointed under subsection (e) shall do the following:
(1) Make a recommendation to the court concerning whether
confiscation is necessary to protect the safety and well-being of
the animal.
(2) If confiscation is recommended under subdivision (1),
recommend a manner for handling the confiscation and
disposition of the animal that is in the best interests of the
animal.
The state veterinarian or the state veterinarian's designee who
submits a recommendation under this subsection shall articulate to
the court the reasons supporting the recommendation.
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 neglects
the animal;
commits cruelty to an animal, a Class A misdemeanor. However,
except for a conviction under section 1 of this chapter, the offense is
a Class D felony if the person has a prior unrelated conviction under
this chapter.
(b) It is a defense to a prosecution for abandoning a vertebrate
animal under this section that the person who had the animal in the
person's custody reasonably believed that the vertebrate animal was
capable of surviving on its own.
(c) For purposes of this section, an animal that is feral is not in a
person'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 or
possesses an animal for the purpose of using the animal in an animal
fighting 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 possesses
animal fighting paraphernalia with the intent to commit a violation
of IC 35-46-3-9 commits possession of animal fighting paraphernalia,
a Class B misdemeanor. However, the offense is a Class A
misdemeanor if the person has a prior unrelated conviction under this
section.
As added by P.L.76-2002, SEC.4.
IC 35-46-3-9
Promotion, use of animals, or attendance with animal at animal
fighting 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 the
person'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 to
commit a violation of IC 35-46-3-9; and
(2) possesses, harbors, or trains a dog, cock, fowl, or bird
bearing:
(A) a scar;
(B) a wound; or
(C) an injury;
consistent with participation in or training for an animal
fighting 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 a
fighting contest involving animals commits cruelty to an animal, a
Class A misdemeanor. However, except for a conviction under
section 1 of this chapter, the offense is a Class D felony if the person
has 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 law
enforcement animal; or
(2) interferes with the actions of a law enforcement animal
while the animal is engaged in assisting a law enforcement
officer 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 the
act results in:
(1) serious permanent disfigurement;
(2) unconsciousness;
(3) permanent or protracted loss or impairment of the function
of 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, or
discipline; 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 of
an offense under this section, the court may order the person
convicted to make restitution to the person or law enforcement
agency owning the animal for reimbursement of:
(1) veterinary bills; and
(2) replacement costs of the animal if the animal is disabled or
killed.
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 to
locate by air scent or ground or water tracking a person who is an
offender 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 while
the dog is performing or is attempting to perform a search and
rescue task; or
(2) strikes, torments, injures, or otherwise mistreats a search
and rescue dog;
commits a Class A misdemeanor.
(c) An offense under subsection (b)(2) is a Class D felony if the
act results in:
(1) serious permanent disfigurement;
(2) unconsciousness;
(3) permanent or protracted loss or impairment of the function
of a bodily member or organ; or
(4) death;
of the search and rescue dog.
IC 35-46-3-11.5
Cruelty to a service animal
Sec. 11.5. (a) As used in this section, "service animal" means an
animal 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, or
alert 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 service
animal;
while the service animal is engaged in assisting an impaired person
described in subsection (a) commits a Class A misdemeanor.
(c) An offense under subsection (b)(2) is a Class D felony if the
act results in the:
(1) serious permanent disfigurement;
(2) unconsciousness;
(3) permanent or protracted loss or impairment of the function
of 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, or
disciplining the service animal; or
(2) reasonably believed the conduct was necessary to prevent
injury 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 domestic
animal
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:
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 a
vertebrate animal with the intent to threaten, intimidate, coerce,
harass, or terrorize a family or household member commits domestic
violence 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 the
vocal cords of a trained attack dog commits cruelty to an animal, a
Class A misdemeanor.
(b) It is a defense to a prosecution under this section that the
accused person reasonably believes that the conduct was necessary
to 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 act
involving:
(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 an
animal's sex organ; or
(4) any penetration of an animal's sex organ by the human male
sex 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 under
that chapter).
(2) An animal disease diagnostic laboratory established under
IC 21-46-3-1.
(3) A postsecondary educational institution.
(4) A research facility licensed by the United States Department
of Agriculture.
(b) As used in this section, "animal" has the meaning set forth in
IC 35-46-3-3.
(c) A person who knowingly or intentionally destroys or
authorizes the destruction of an animal by:
(1) placing the animal in a decompression chamber and
lowering the pressure of or the oxygen content in the air
surrounding the animal; or
(2) electrocution;
commits a Class B misdemeanor.
As added by P.L.2-2008, SEC.13.