A Summary of Indiana Animal Laws
Indiana’s current animal laws are contained in Title 35 of Indiana’s Code. In general, Indiana law assesses criminal liability for (1) intentionally, knowingly, or recklessly living with animals without providing minimum care; (2) killing or failing to house appropriately certain types of animals; (3) harming or killing dogs or cats (both wild and domesticated species) while they are in a person’s care and (4) restraining those same species inappropriately during certain hours. Exceptions exist for slaughter of food animals, pest control and self-defense.
As with many areas of the law, Indiana’s animal protection laws have undergone a number of substantial revisions in the past several years. For example, prior to 2007, an animal cruelty violation was only a Class D misdemeanor in Indiana. A Class D misdemeanor generally carries with it a maximum punishment of 60 days in jail and a fine up to $500. Also, until 2010, violations of the animal cruelty laws were only punishable by fines of up to $5,000 and 365 days confinement. Furthermore, until 2016, the definition of "animal" under Indiana law expressly excluded domesticated dogs and cats. These animals were therefore not even protected by the state’s animal protection laws in general. Moreover, even if a dog or cat suffered abuse that did not result in death, the offender was not subject to criminal liability . The laws currently in place incorporate definitions for (1) "animal"; (2) "animal cruelty"; (3) "animal fighting device"; (4) "domesticated cat or dog"; (5) "minimum care"; (6) "proper enclosure"; (7) "secured"; (8) "wild animal"; and (9) "physical harm". Further, Indiana code sections contemplate criminal liability for (1) depriving an animal of minimum care; (2) animal neglect; (3) animal abuse; (4) animal fighting; (5) possession of fighting animals; (6) possessing an animal fighting device; (7) killing a working animal unnecessarily; (8) knowingly or intentionally causing physical harm to a companion animal; (9) improperly restraining a domesticated cat or dog; (10) killing or injuring a domesticated cat or dog; (11) ignoring or refusing to obey a search warrant or citation issued by law enforcement officers; (12) failure to secure and maintain a proper enclosure; and (13) harming or killing a wild animal.
Criminal liability for violations of these sections ranges from a Class B misdemeanor to a Class 2 felony. Convictions of Class B misdemeanors often invoke fines of $1,000 and up to six months in jail, while a Class 2 felony conviction can result in a fine of $10,000 and sixteen years in prison. In addition to these criminal codes, when necessary, Indiana Common Law provides additional law with respect to animal protection, especially with respect to civil liabilities. Lastly, not all animals are treated equally (in terms of the laws that protect them). For example, farm animals (to the extent not included in the definitions above) are generally exempt from these laws.
Categories of Animal Abuse
Types of animal abuse recognized under Indiana law include physical harm (beating, burning, shooting, etc.), and psychological abuse. Physical abuse is often relatively easy to spot. You see it, and you understand the animal is in serious distress. Psychological abuse, however, may be harder to see. For example, if you look at a horse, and notice it is skittish, and horse falls over when approached, you may not immediately think abuse, but the horse could have been abused in the past.
These concerns, of course, are only some of the issues which may constitute animal abuse. In fact, Indiana Code 35-46-3 is quite detailed in its definition of abuse, and has created a system for reporters to contact to report animal abuse.
Legal Ramifications for Animal Abuse
Criminal charges for animal cruelty in Indiana can range from a misdemeanor but more serious felonies. The specific penalties depend on the nature of the allegations and the status of the animal. For example, if an animal is killed or physically harmed, the charges may be a Class A or Class B misdemeanor. If it is an in-law of the defendant, the charges become a Level 5 felony. The law establishes penalties for individuals who have been convicted of animal cruelty offenses. Such punishments may include both fines and imprisonment. Class A and B misdemeanors carry with them a maximum penalty of up to one year in prison. A Level 5 felony carries with it a 1-year to 6-year prison sentence. Indiana animal cruelty laws require the judge to include a fine or order the individual to perform community service until the public or private rescue group is able to find a permanent home for the previously abused animal. Certain defenses are available that may temper penalties where applicable. Simple neglect and lack of knowledge of the law do not constitute an affirmative defense against these charges. On the contrary, the law is clear about mail or electronic correspondence to multiple individuals that may be an effort by the sender to sell, transfer, or otherwise distribute a pet.
How to Report Animal Abuse in Indiana
Reporting animal abuse in Indiana is a relatively simple procedure, but there are certain parameters that residents should be mindful of. When making a report of animal abuse or neglect, it is important to know which entity to contact. Unfortunately, animal cruelty is far too commonplace in many areas of the state.
The Indiana Code on Animal Cruelty was updated just over a year ago to allow for stronger enforcement of animal abuse laws; however, the "Dean’s Law" has yet to find its footing throughout the state. Because animal abuse laws are strongly enforced by county prosecutors, reports of abuse must be made to law enforcement agencies for further action.
Residents can call the Indiana Animal Abuse Task Force Hotline to report suspected animal abuse or neglect at 866-347-8614.
You can also visit the Indiana Animal Cruelty Task Force website for more information on how and where to report animal abuse cases. In general, animal abuse must be reported to law enforcement officers, local animal control or humane societies, or private animal rights organizations.
Some of the local Indiana animal rights and awareness organizations include: By reporting suspected animal abuse or neglect, concerned citizens can help prevent innocent animals from suffering abuse at the hands of people who prey upon them. The Indiana Animal Abuse Task Force Hotline also helps to educate people about Indiana’s animal cruelty laws as well as provide useful resources for helping animals.
Recent Cases and Past Precedents
In the last few years, several high-profile cases of animal abuse have come before Indiana courts, bringing the issue to the forefront of public consciousness and challenging legal interpretations of existing laws. One such notable case involved a Carroll County man who was accused of running a puppy mill and charged with multiple counts of animal cruelty and child neglect after authorities discovered that his dogs were living in filthy conditions without adequate food or shelter. The case received significant media coverage and spurred public outrage , leading to calls for stricter enforcement of existing anti-cruelty laws and even new legislation aimed at preventing the proliferation of puppy mills in the state. Another case involved a Hoosier who was charged with 50 counts of animal cruelty after authorities discovered that he had hoarded more than 100 cats in his home, causing many of them to become sick or die from lack of proper care. This case drew the attention of several animal welfare organizations in Indiana, which rallied to provide assistance to the animal control officials in their efforts to save the surviving cats and place them in new homes. These cases have brought issues of animal cruelty to the forefront not just in Indiana, but across the nation, highlighting the need for stronger laws and better enforcement to protect animals and ensure justice for those who would do them harm.
Where Local Organizations Fit In
Many local animal rights organizations exist in Indiana. Often these organizations are affiliated with large national animal rights groups such as the Humane Society of the United States or the ASPCA. These organizations benefit and help to enforce animal abuse laws in Indiana by providing citizens and law enforcement officers with guidance on how to enforce the laws, how to handle animals seized, and how to prosecute the offenders.
Some groups provide financial resources to help pay for feed or veterinary care for animals that are seized or impounded due to the alleged abuse. Other local groups educate citizens on abuse or neglect and provide guidance on what to do if you suspect animal abuse.
The Future of Animal Abuse Legislation
Given the rise in public awareness surrounding animal abuse incidents, coupled with growing advocacy group initiatives calling for stronger legislation, it comes as no surprise that some lawmakers have begun to act on these matters. For instance, on July 1, 2018, the Indiana law banning the injured or killed farm animals from being considered a valid defense to culls was to go into effect. In addition, bills have been introduced and then ultimately rejected in the Indiana House of Representatives that sought to ban dog fighting , increase penalties for failing to provide adequate food or shelter to animals, and make changes to the criminal recklessness statute related to animal cruelty. Advocacy groups such as the Animal Legal Defense Fund have met with lawmakers to provide them with recommended updates to animal abuse laws. The future of animal abuse legislation, even at the federal level, does appear to trend towards stronger animal protection measures.