| Offenses Relating to
Animals
http://www.in.gov/legislative/ic/code/title35/ar46/ch3.html
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Code Revision Indiana Legislative Services Agency
IC 35-46-3
Chapter 3. Offenses Relating to Animals
IC 35-46-3-1
Harboring a non-immunized dog
35-46-3-1 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IC 35-46-3-2 Repealed
(Repealed by P.L.193-1987, SEC.17.)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"
35-46-3-3 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"
35-46-3-4 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"
35-46-3-4.3 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"
35-46-3-4.5 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
35-46-3-5 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 15-5-7.
(3) Veterinary practices authorized by standards adopted under IC
15-5-1.1-8.
(4) Conduct authorized by a local ordinance.
(5) Acceptable farm management practices.
(6) Conduct authorized by the Indiana Meat and Poultry Inspection
and Humane Slaughter Act, IC 15-2.1-24, and rules adopted under IC
15-2.1-24 for state or federally inspected livestock slaughtering
facilities.
(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
15-3-3.6-2(22).
(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 15-2.1-5-1, 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.
IC 35-46-3-6
Impoundment of animals; probable cause hearing; penalties; custody;
bond
35-46-3-6 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 15-5-12-3 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 15-5-12-3, 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 15-5-12 shall hold a hearing
to determine whether probable cause exists to believe that a
violation of this chapter or IC 15-5-12 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) This subsection applies only to livestock animals. Whenever
charges are filed under this chapter, the court shall appoint the
state veterinarian under IC 15-2.1-2-50 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.
(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 or IC
15-5-12, the court may impose the following additional penalties
against the person:
(1) A requirement that the person pay the costs of caring for an
animal involved in the offenses that are incurred during a period
of impoundment authorized under subsection (b).
(2) An order terminating the person's right to possession, title,
custody, or care of an animal that was involved in the offense.
(i) If a person's right to possession, title, custody, or care of an
animal is terminated under subsection (h), the court may:
(1) award the animal to a humane society or other organization that
has as its principal purpose the humane treatment of animals; or
(2) order the disposition of the animal as recommended under
subsection (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.
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 35-46-3-8
Purchase or possession of animals for fighting contests
35-46-3-8 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 A misdemeanor.
As added by P.L.193-1987, SEC.11.
IC 35-46-3-8.5
Possession of animal fighting paraphernalia
35-46-3-8.5 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
35-46-3-9 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
35-46-3-9.5 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
35-46-3-10 Sec. 10. A person who knowingly or intentionally attends
a fighting contest involving animals commits cruelty to an animal, a
Class A misdemeanor.
As added by P.L.193-1987, SEC.13.
IC 35-46-3-11
Cruelty to a law enforcement animal
35-46-3-11 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
35-46-3-11.3 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.
(d) It is a defense that the accused person:
(1) engaged in a reasonable act of training, handling, or
disciplining the search and rescue dog; or
(2) reasonably believed the conduct was necessary to prevent injury
to the accused person or another person.
(e) In addition to any sentence or fine imposed for a conviction of
an offense under this section, the court may order the person to
make restitution to the person who owns the search and rescue dog
for reimbursement 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
35-46-3-11.5 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
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.
IC 35-46-3-13
Removal of attack dog's vocal cords; animal cruelty
35-46-3-13 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.
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