Introduced Version




Citations Affected: IC 35-46-3-12.

Synopsis: Cruelty to animals. Provides that a person who commits cruelty to an animal must receive psychological, behavioral, or other counseling.

Effective: July 1, 2004.


    January 6, 2004, read first time and referred to Committee on Criminal, Civil and Public Policy.


Second Regular Session 113th General Assembly (2004)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 35-46-3-12, AS AMENDED BY P.L.132-2002, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: 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.
    (d) In addition to any other sentence imposed under this section, a court shall order a person convicted of an offense under this section to receive psychological, behavioral, or other counseling.
    SECTION 2. [EFFECTIVE JULY 1, 2004] IC 35-46-3-12, as amended by this act, applies only to offenses committed after June 30, 2004.