Indiana Code - Criminal Law and Procedure - Title 35, Section 35-46-3-12

Torture or mutilation of a vertebrate animal

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.

Last modified: May 24, 2006