Introduced Version




Citations Affected: IC 35-46-3-0.5.

Synopsis: Crimes against animals. Provides that a person neglects an animal for purposes of the animal cruelty statute if the person restrains the animal in a manner that physically harms the animal.

Effective: July 1, 2009.


    January 7, 2009, read first time and referred to Committee on Corrections, Criminal, and Civil Matters.


First Regular Session 116th General Assembly (2009)

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.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2008 Regular Session of the General Assembly.


    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:

SOURCE: IC 35-46-3-0.5; (09)IN0238.1.1. -->     SECTION 1. IC 35-46-3-0.5, AS ADDED BY P.L.171-2007, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. The following definitions apply throughout this chapter:
        (1) "Abandon" means to desert an animal or to leave the animal permanently in a place without making provision for adequate long term care of the animal. The term does not include leaving an animal in a place that is temporarily vacated for the protection of human life during a disaster.
        (2) "Beat" means to unnecessarily or cruelly strike an animal, or to throw the animal against an object causing the animal to suffer severe pain or injury. The term does not include reasonable training or disciplinary techniques.
        (3) "Mutilate" means to wound, injure, maim, or disfigure an animal by irreparably damaging the animal's body parts or to render any part of the animal's body useless. The term includes bodily injury involving:
            (A) serious permanent disfigurement;
            (B) serious temporary disfigurement;
            (C) permanent or protracted loss or impairment of the function of a bodily part or organ; or
            (D) a fracture.
        (4) "Neglect" means to:
            (A) endanger an animal's health by failing to provide the animal with food or drink, if the animal is dependent upon the person for the provision of food or drink; or
            (B) restrain an animal for more than a brief period by the use of a rope, chain, or tether that:
                (i) is less than three (3) times the length of the animal;
                (ii) is too heavy to permit the animal to move freely; or
                (iii) causes the animal to choke; or
                (iv) restrains the animal in a manner that physically harms the animal.

        (5) "Torture" means:
            (A) to inflict extreme physical pain or injury on an animal with the sole intent of increasing or prolonging the animal's pain; or
            (B) to administer poison to a cat or dog, or expose a cat or dog to a poisonous substance with the intent that the cat or dog ingest the substance and suffer harm, pain, or physical injury.
SOURCE: ; (09)IN0238.1.2. -->     SECTION 2. [EFFECTIVE JULY 1, 2009] IC 35-46-3-0.5, as amended by this act, applies only to crimes committed after June 30, 2009.