Section 35-46-3-12 - Torture or mutilation of a vertebrate animal; killing a domestic animal(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 abuses a vertebrate animal commits cruelty to an animal, a Class A misdemeanor. However, the offense is a Level 6 felony if:(1) the person has a previous, unrelated conviction under this section; or(2) the person committed the offense with the intent to threaten, intimidate, coerce, harass, or terrorize a family or household member.(c) A person who knowingly or intentionally tortures or mutilates a vertebrate animal commits torturing or mutilating a vertebrate animal, a Level 6 felony.(d) As used in this subsection, "domestic animal" means an animal that is not wild. The term is limited to:(1) cattle, calves, horses, mules, swine, sheep, goats, dogs, cats, poultry, ostriches, rhea, and emus; and(2) an animal of the bovine, equine, ovine, caprine, porcine, canine, feline, camelid, cervidae, or bison species. A person who knowingly or intentionally kills a domestic animal without the consent of the owner of the domestic animal commits killing a domestic animal, a Level 6 felony.
(e) 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.(f) When a court imposes a sentence or enters a dispositional decree under this section, the court: (1) shall consider requiring: (A) a person convicted of an offense under this section; or(B) a child adjudicated a delinquent child for committing an act that would be a crime under this section if committed by an adult; to receive psychological, behavioral, or other counseling as a part of the sentence or dispositional decree; and
(2) may order an individual described in subdivision (1) to receive psychological, behavioral, or other counseling as a part of the sentence or dispositional decree.Amended by P.L. 141-2019,SEC. 10, eff. 7/1/2019.Amended by P.L. 158-2013, SEC. 566, eff. 7/1/2014.As added by P.L. 193-1987, SEC.15. Amended by P.L. 41-1998, SEC.2; P.L. 132-2002, SEC.1; P.L. 7-2007, SEC.1; P.L. 171-2007, SEC.10; P.L. 111-2009, SEC.14.