Overview of Indiana Animal Cruelty Laws
Indiana’s animal cruelty laws encompass a wide range of actions and behaviors that are prohibited by statute. The basic prohibition is simple: no person shall knowingly or intentionally kill, seriously injure, or otherwise mistreat an animal as defined in I.C. § 35-46-3-1. This means that there are both civil and criminal penalties for a wide range of actions from shooting a wild animal to mistreating your pet. The general framework of Indiana animal cruelty law is that the activity must be intentional and there must be a serious injury to an animal or other mistreatment. As the statute states, "it is not a defense that the person asserting the defense is legally entitled to the possession or control of the animal."
Importantly, the person in violation of Indiana law is the person who "intentionally and knowingly" causes serious bodily injury. In the case of your dog attacking another person , the injured person will need to establish through an expert that your dog caused serious bodily injury: "A person who violates this section commits a Class A misdemeanor." Unlike some statutes, Indiana clearly states that the owner of a dog is liable for acts involving said dog that is done intentionally. While there may be other defenses to liability, the plain language of the statute places the burden on the injured person to prove the elements of the claim.
The primary purpose of the general framework is to protect animals from malicious acts of cruelty. The intent is to spare animals from being used as unintelligent objects; we recognize that animals are not mere objects, and the legislature opined that we owe animals a moral duty. The emphasis throughout Indiana’s animal cruelty bans is that the animals deserve to be treated with compassion and respect. Animals are not mere objects, but living creatures who deserve a life free of threats of violence, intimidation, and cruelty.
Categories of Animal Cruelty Offenses
Indiana animal cruelty law divides animal cruelty into three primary offenses: neglect of an animal, overworking or starving an animal, and abuse or abandonment of an animal. These are all Class B misdemeanors, which are typically punishable by a jail term and/or a fine. The former offenses of cruelty to a domesticated animal and cruelty to a vertebrate animal are no longer official crimes under Indiana law, but for all intents and purposes the same facts that would have constituted those crimes a few years ago will currently constitute the newly defined offenses of animal cruelty.
Neglect of an animal refers to failing to provide an animal with adequate food, water or shelter. Examples include leaving a pet locked in a car on a hot day, keeping it chained up without access to water or food, or confining it in such a way that makes it impossible for the animal to survive outside of its enclosure.
Overworking or starving an animal refers to forcing an animal to exercise beyond its normal or acceptable limits, or failing to give it enough food. An example would include forcing a horse to run laps around a racetrack faster than its trainer deems to be a safe speed.
Abuse or abandonment of an animal refers to intentionally inflicting physical harm to the animal or failing to provide the animal with any care. An example would be beating a dog, kicking a cat, or throwing a hamster away.
Consequences of Animal Cruelty Convictions in Indiana
The penalties for animal cruelty in Indiana vary based on the level of the offense. As detailed above, some offenses are charged as infractions. As such, they are typically punished with a maximum fine of $500. Offenses charged as Level 6 felonies can lead to six months to two-and-a-half years in prison and a maximum fine of $10,000. Level 5 felonies carry a sentence of one to six years in prison and a fine of up to $10,000.
If an animal is killed as a result of any of the animal cruelty offenses listed above, the defendant can be charged with malicious Killing of an Animal, which is a Level 4 felony. This crime is punishable with the person imprisoned for two to twelve years and fined not to exceed $10,000.
Prosecutors make decisions regarding the animal cruelty laws on a case-by-case basis, though the severity of the penalties depends also on the judge that hears the case.
Legal Rights for Animals
Indiana law provides various levels of protection for animals, the most extensive of which is offered to domesticated pets or "companion animals." To qualify as a companion animal, an animal must be kept as a pet for a person’s companionship or for the person’s enjoyment. Animals that are kept for control of nuisances or to provide food, fiber, or labor for livelihood do not qualify as companion animals. Domestic pets and service animals qualify as companion animals and will receive the fullest extent of protections under Indiana animal cruelty laws.
The primary law regulating the treatment of companion animals is set forth at IC 35-46-3-3.1. The law makes it a Class A misdemeanor to own or possess a companion animal and:
With the exception of section (f), all of these are self-explanatory and do not require further comment on this blog . Section (f) of the statute, which outlaws failure to provide care or sustenance to an animal, will be discussed in more detail in a later section.
Indiana law also imposes criminal penalties on individuals who knowingly or intentionally kill an injured animal that is unable to move normally. Under IC 35-46-3-3.5, such an act is a Class B misdemeanor. If the individual was responsible for the animal, it is a Class A misdemeanor to kill the animal. Interestingly, while Indiana law makes provisions for the criminal treatment of domestic pets, no such provisions exist for livestock animals or animals other than domesticated pets kept in private homes.
How to Report Animal Cruelty in Indiana
If you suspect or witness an act of animal cruelty in Indiana, you may be compelled to alert the authorities. For any reason, do not attempt to intervene directly to prevent potential abuse or neglect. Not only do you risk injury to yourself, but ongoing investigation may be hindered and the chance of a successfully prosecution decreased. The proper authorities for reporting animal cruelty in Indiana vary by county. You may use the following resources to find animal control or law enforcement relevant to your area:
Indiana County Animal Control Directory
Indiana County Animal Control Directory – Public Information (*as of 2011)
Indiana Division of Animal Health – Report Abuse or Neglect
If your local animal control is unable to provide assistance, then other means may be available. Local law enforcement may be willing to assist in cases where cruelty is suspected. You may also be able to reach out to state or federal law enforcement if needed. Another option may be a rescue organization or advocacy group, which may also be able to assist in the investigation or provide advice.
Changes to Indiana Animal Cruelty Laws
One of the most recent updates to the Indiana animal cruelty statutes is the new definition of "proper sustenance". Under Ind. Code § 35-46-3-3(b), a domestic companion animal is deprived of proper sustenance only if food and water cannot be physically accessed by the animal. This is another section of the animal cruelty statutes aimed at the current interpretation of "proper sustenance" which is inconsistent with the scholarly opinion of nationally recognized animal law scholars and animal care professionals on how to assess whether an animal is or is not being deprived proper sustenance . Depriving an animal of shelter or veterinary care is explicitly excluded from the definition of proper sustenance. The amendment to this statute likely results from statements made by the recently formed Indiana Animal Cruelty Advisory Committee formed in response to the James Yates case.