§ 35-46-3-12 — Torture or mutilation of a vertebrate animal; killing a domestic animal

(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 abuses a vertebrate
animal commits cruelty to an animal, a Class A misdemeanor.
However, the offense is a Level 6 felony if:
(1) the person has a previous, unrelated conviction under this
section; or
(2) the person committed the offense with the intent to threaten,
intimidate, coerce, harass, or terrorize a family or household
member.
(c) A person who knowingly or intentionally tortures or mutilates a
vertebrate animal commits torturing or mutilating a vertebrate animal,
a Level 6 felony.
(d) As used in this subsection, "domestic animal" means an animal
that 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 animal
without the consent of the owner of the domestic animal commits
killing a domestic animal, a Level 6 felony.
(e) 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.
(f) When a court imposes a sentence or enters a dispositional decree
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 an act
that would be a crime under this section if committed by an
adult;
to receive psychological, behavioral, or other counseling as a part
of the sentence or dispositional decree; and
(2) may order an individual described in subdivision (1) to receive
psychological, behavioral, or other counseling as a part of the
sentence or dispositional decree.

Legislative History

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; P.L.158-2013, SEC.566; P.L.141-2019, SEC.10.