Citations Affected: IC 35-46-3-12 .
Synopsis: Cruelty to animals. Raises the penalty for torturing an
animal from a Class A misdemeanor to a Class D felony. Removes the
recidivist provision, which makes a repeat offense a Class D felony.
Effective: July 1, 2002.
January 14, 2002, read first time and referred to Committee on Corrections, Criminal and
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 12. (a) 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 the person has a previous,
unrelated conviction under this section. Class D felony.
(b) 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.
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.