Second Regular Session 112th General Assembly (2002)
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HOUSE ENROLLED ACT No. 1223
AN ACT to amend the Indiana Code concerning criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 35-46-3-12; (02)HE1223.1.1. -->
SECTION 1. IC 35-46-3-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: 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 tortures, beats or
mutilates 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.
(b) (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.
SOURCE: ; (02)HE1223.1.2. -->
SECTION 2. [EFFECTIVE JULY 1, 2002]
IC 35-46-3-12, as
amended by this act, applies only to crimes committed after June
30, 2002.
HEA 1223 _ Concur
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