Introduction to Indiana Animal Abuse Law
Recognizing how animal abuse and cruelty are defined in the Animal Cruelty Statute is important for both prosecutors and judges. As such, it is important to understand Indiana’s animal abuse laws.
Indiana’s Animal Cruelty Statute serves two main purposes: to protect domestic animals under human control from harm and to ensure that proper penalties are available when the law is broken.
The Animal Cruelty Statute identifies many categories of acts of animal cruelty, including:
- (1) intentionally, knowingly, or recklessly killing or seriously harming an animal without the owner’s consent;
- (2) failing to provide an animal in your custody with proper food, water, or veterinary care;
- (3) failing to provide an animal in your custody with necessary care to prevent serious injury or suffering;
- (4) abandoning an animal in a situation where it would likely suffer serious injury or death;
- (5) intentionally , knowingly, or recklessly treating an animal in a manner that could reasonably be expected to result in bodily injury, serious bodily injury, or death;
- (6) carrying an animal in or on a vehicle in a cruel or inhumane manner; or
- (7) transporting additional animals in a cruel or inhumane manner.
Indiana law also prohibits animal fighting and the attempted breeding of animals for animal fighting purposes.
Indiana law further prohibits the sale or certification of a dog if the seller or certifier knows that the dog has been trained, encouraged, or measured for dog fighting.
This law is essential to the well-being of Indiana’s animals. It not only protects them from cruel and inhumane treatment, but it also protects people by ensuring that proper penalties are available when the law broken.
What Is Animal Abuse in Indiana?
According to Indiana law, an animal’s owner may not knowingly or intentionally commit the following acts of animal abuse within its definition:
- (1) tortures, mutilates, or puts under unreasonable duress or overburdens for a sustained or extended period of time an animal kept for companionship, salable or show purposes, government research or education, use in food production, sports, or for protection against trespassers or attacking trespassers;
- (2) fails to provide an animal with necessary sustenance, water, space, sanitation, ventilation, shelter, or veterinary medical care when required to do so;
- (3) stops or interferes with an animal’s breathing by applying a muzzling device unless the device is designed and used to prevent injury to the animal so muzzled;
- (4) uses or causes to be used a horse bit or a wire, choke, prong, pinch, or shock collar;
- (5) administers or causes to be administered a controlled substance or a toxic substance to an animal without the consent of the animal’s owner;
- (6) transports an animal for sale, exchange, or donation in a manner that causes injury or suffering to the animal;
- (7) moves an animal’s household effects to cause injury or suffering to the animal;
- (8) breaks the bones or skin of an animal;
- (9) kills an animal by bludgeoning, electrocution, drowning, hanging, throwing from a height, or by other means prohibited by the [law];
- (10) abandons an animal that is in the owner’s immediate care;
- (11) causes, procures, or otherwise conspires to cause an act described in subdivisions (1) through (10) to occur; or
- (12) enters real property without permission and causes an act described in subdivisions (1) through (11) to occur on the real property.
If you have been accused of committing any of these crimes, you need to contact an experienced Indiana criminal defense attorney as soon as possible.
Penalties for Animal Abuse in Indiana
The penalties for those convicted of animal abuse vary greatly. Regardless of the severity, the consequences are often life-altering not only for the perpetrator but also for the animal and even the community itself. In Indiana, animal abuse is classified as either a misdemeanor or felony:
Offenses less severe in nature are generally charged as Class B or Class A misdemeanors. Class C felonies are reserved for the most serious criminal offenses that may include malicious torture of an animal, killing an animal owned by someone else, aggravated cruelty of animals, or the use of an agricultural animal for one of these acts.
Fines for a conviction may be assessed anywhere from $500 for a misdemeanor to $10,000 for a felony. Moreover, those convicted may be required to complete 180 days or more in jail.
Reporting Animal Abuse in Indiana
While the authorities do have a duty to act where animal abuse is found, their action may be limited to assessing the situation, and sometimes is based on the force of the evidence you provide to them. Once you have gathered all the information and evidence you have about the animal or animals that you believe are being abused, you must file this information with a law enforcement agency, animal control agency, or humane society. Indiana does not define the appropriate agency to report suspected animal abuse to, and it may vary from county to county and city to city.
If there is any immediate threat to human life or animal welfare, for example, an owner’s summary execution of a family pet using a handgun, you may call 911. Otherwise, you should bring the evidence to your local police department or sheriff’s office. In circumstances where you can identify the address of a business, especially a kennel, or where you are a resident, neighbor, or frequent visitor, you should also contact animal control at your local humane society.
However, depending on the type of abuse, where you live, and the qualifications of the people answering the phone at these agencies, you may not get the proper results within your timeline. Abused dogs and cats do exist in Indiana, but rarely do the abuse get called in because of "Owner’s right to property" arguments, or because even animal control staff don’t understand the signs of abuse, like vomiting, diarrhea, malnourishment, and other epizootiologics that are routinely brushed off as "parvo or kennel cough."
If the situation is ongoing, such as a neighbor who undoubtedly has too many cats, or yet another puppy mill situation, document the problem thoroughly, both visually and on paper. Get pictures. Record the place and time, and note weather conditions or any other factors that might affect an investigation. Keep a journal of your ongoing observations, being sure to include descriptions of the animals affected, as well as any behaviors that demonstrate their welfare status or lack thereof. If possible, obtain the pertinent address or locations for reporting to animal control. These efforts will become essential when presenting your case to law enforcement.
Recent Changes and Amendments to the Law
In 2018, the Indiana state legislature passed a significant amendment to the state’s animal abuse laws, heralding a change in how animal protection is enforced. Prior to this time, enforcement was generally left to local law enforcement and concerned with misdemeanor-type offenses. The 2018 amendment increased the seriousness of certain offenses and created new felony-level classifications for animal abuse. For example, animal cruelty became a Level 6 felony (the lowest level of a felony offense) when it results in the death of an animal. Additionally, aggravated animal cruelty— which includes intentionally or knowingly killing the animal—became a Level 6 felony offense. Another newly made crime that falls into this category is killing an animal in the physical presence of a child. If an animal is killed in the presence of a child under fifteen (15) years of age, it becomes a Level 6 felony. However, if one witnessed the animal’s death, the act would then be charged as a felony the same way as above.
The impetus for the changes came from the animal rights community itself , which sought to close loopholes that allowed animal abuse to go unpunished. Previously, the narrow definitions and categories of animal abuse meant that many acts of cruelty could go unprosecuted. Despite the increase in penalties, animal advocates still find the law to be lacking, complaining that there are still wide gaps in the state’s animal protection legislation. Many point out that supplying a wounded dog with water is not a crime, even though this would obviously provide immediate relief to the injured animal. A more recent legislative revision sees the removal of horse abuse provisions from the criminal code. To some in the legislature, this last revision was simply a clean-up effort to take the provisions out of the criminal code and move them to its agriculture code. Supporters of the change, however, such as the State Attorney General Curt Meijer, were outraged. Meijer stated that this shows an "attitude towards animals [that] is sad."
Preventing Animal Abuse
A growing number of initiatives are underway in Indiana in an effort to reduce instances of animal abuse. Organizations across the state and country aim to raise awareness about the realities of these crimes and protect animals through a variety of programs.
Indiana is home to several collaborative efforts that educate the public on crime prevention and report suspicious activity. For instance, Indiana’s Anti-Cruelty Laws Task Force supports the training of law enforcement officers, animal control officers, prosecutors and other agencies that investigate animal cruelty. The Coalition Against Animal Hoarding and the Indiana Alliance for Animals have also been fighting for tougher laws on animal abuse and coordinating other actions to involve the community in reducing animal cruelty statewide.
The Indiana Alliance for Animals (IAFA) educates the public on animal issues with the goal of improving animals’ lives. To date, the IAFA has operated programs with animal shelters, provided free training programs for law enforcement and social service workers, funded research and collected and evaluated data. With funding from PetSmart Charities, the IAFA also distributes educational materials in Indiana, Ohio, Michigan and Illinois, which encourages businesses and organizations to adopt humane policies related to their treatment of animals.
Hoosiers can also rely on the Coalition Against Animal Hoarding, which promotes a humane response to cats and dogs that are at risk due to irresponsible ownership. The program puts together opportunities for training and collaboration with any agency that may solve the issue of animal hoarding.
One of the most widespread programs in the Midwest is the Northern Indiana Pet Emergency Evacuation Plan. This collaborative public safety initiative works to keep people and animals safe in emergencies, including floods, wildfires or other disasters that could affect people’s health and safety or well-being and threaten property.
Organizations such as the Indiana Animal Rights Alliance also promote the humane treatment of animals across the state, offering education and on-the-ground training for volunteers who help support the law enforcement community with investigations and prosecutions of animal cruelty cases.
Other states also have programs to increase animal protection efforts. For instance, the Pennsylvania SPCA created the Pennsylvania Law Enforcement and Animal Cruelty Group, known as PA LEACE (pronounced "pah-lee"). The organization encourages the cooperation of law enforcement agencies in Pennsylvania with the goal of advancing knowledge and skills in animal cruelty investigations. PA LEACE recommends best practices that officers can use to advance animal welfare, including responding to and investigating animal cruelty cases, and working with various stakeholders to develop and implement best practices.
In addition, the Pennsylvania Supreme Court created the Animal Cruelty Task Force, which works to improve the coordination among and training of humane societies, municipal police, District Attorneys, County Detectives and state police as they investigate and prosecute crimes involving animal cruelty.
Another example is the Texas Alliance for Animal Shelters, which strives to improve animal care outcomes by examining data from area shelters, educating shelters about strategies to enhance operations and changing the way shelter staff members use data. The Texas Alliance for Animal Shelters also works to coordinate animal transporting, increase awareness of the importance of spaying and neutering and implement and promote shelter assessments and certification programs.
These groups’ foundational goal is to support local law enforcement, prosecutors, citizens and others. They offer programs leading to improved animal protection policies and the enforcement of animal laws.
Helping Animals and Victims of Animal Abuse
Victims and witnesses of animal abuse in Indiana have several options for legal resources to assist them in obtaining justice. One of the most notable organizations is the Animal Legal Defense Fund, which aims to protect the lives and advance the interests of animals through the law. The organization provides resources such as an animal cruelty hotline that offers free emergency legal advice, in addition to legal resources and training.
Another resource in Indiana is the Animal Law Clinic at the Indiana University Robert H. McKinney School of Law. As the nation’s first clinic focused on animal law, the clinic aims to promote the interests of animals through advocacy, training, education, community service and pro bono work.
The Animal Protection Litigation Program of the Humane Society of the United States also provides legal assistance and support on various issues, including animal abuse and rescue missions. The program offers representation for complex and high-impact animal cruelty and fighting cases, as well as training for attorneys and law enforcement officers throughout the country.
It is important to remember that the best choice for finding the legal and other resources required to win your Indiana animal abuse case is to speak with a qualified criminal defense attorney. An experienced lawyer can investigate your case, build a strategy and represent you effectively in court.
Conclusion – Why We Must Enforce Animal Abuse Laws
Maintaining strict animal abuse laws is vital for the safety of all the citizens of Indiana, as well as the family pets that we all cherish. Animals are living, sentient beings with the power to feel joy and pain, alike; they are not inanimate objects to be tossed about or subjected to carelessness, malice , or neglect. To ensure that we continue to live in an animal-loving state, prosecutors and law enforcement officials must strictly enforce animal abuse laws and ensure that any egregious violations receive the strong penalties and consequences that they deserve. Because animals cannot speak for themselves, it is incumbent upon our judicial system to do so when the need arises.