§ 15-20-1-5 — Wolf hybrid and coydog liability; criminal offenses

(a) The following definitions apply throughout
this section:
(1) "Coydog" means:
(A) an animal that is the offspring of a coyote and another
animal; or
(B) an animal that is the offspring of:
(i) an animal that is the offspring of a coyote and another
animal; and
(ii) another animal.
(2) "Secure enclosure" means an outdoor pen that is:
(A) roofed or that has sides at least six (6) feet tall; and
(B) constructed in such a manner that the type of animal
contained within the pen cannot reasonably be expected to
escape.
(3) "Wolf hybrid" means:
(A) an animal that is the offspring of a wolf and another animal;
or
(B) an animal that is the offspring of:
(i) an animal that is the offspring of a wolf and another
animal; and
(ii) another animal.
(b) An owner of a wolf hybrid or coydog shall:
(1) keep the animal in a building or secure enclosure; or
(2) keep the animal:
(A) under the reasonable control of an individual; and
(B) on a leash not more than eight (8) feet in length.
Subject to subsections (c) and (d), an owner who does not comply with
this subsection commits a Class B infraction. An owner who merely
tethers or chains a coydog or wolf hybrid does not comply with this
subsection.
(c) Subject to subsection (d), an owner of a wolf hybrid or coydog
commits a Class B misdemeanor if the owner recklessly, knowingly, or
intentionally fails to comply with subsection (b) and:
(1) the wolf hybrid or coydog enters property other than the
property of the owner; and
(2) the wolf hybrid or coydog causes damage to livestock or the
personal property of another individual.
(d) The offense under subsection (c) is:
(1) a Class A misdemeanor if the owner has one (1) prior
unrelated conviction under this section;
(2) a Level 6 felony if:
(A) the owner has more than one (1) prior unrelated conviction
for a violation under this section; or
(B) the owner knowingly, intentionally, or recklessly fails to
comply with subsection (b) and the failure to comply results in
serious bodily injury to a person; and
(3) a Level 5 felony if the owner knowingly, intentionally, or
recklessly fails to comply with subsection (b) and the failure to
comply results in the death of a person.
(e) Notwithstanding IC 36-1-3-8(a), a unit (as defined in IC 36-1-2-23) may adopt an ordinance:
(1) prohibiting a person from possessing a wolf hybrid or coydog;
or
(2) imposing:
(A) a penalty of more than one thousand dollars ($1,000) up to
the limits prescribed in IC 36-1-3-8(a)(10)(B) for a violation of
subsection (b); or
(B) conditions on the possession of a wolf hybrid or coydog that
are more stringent than the provisions of subsection (b).
[Pre-2008 Recodification Citation: 5-5-12-3.5.]

Legislative History

As added by P.L.2-2008, SEC.11. Amended by P.L.158-2013, SEC.227.