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Indiana Laws

Authority to Investigate Cruelty**
- Humane agents are either deputy marshalls appointed by town marshalls or police officers appointed by city police departments.

- Yes. Humane officers appointed by cities among members of the police department may investigate animal cruelty.  Ind. Code § 36-8-3-18.

- Deputy marshalls of towns that are designated as town humane officers may investigate animal cruelty. Ind. Code. § 36-5-7-6.

Authority to Make Arrests***
Humane officers and deputy marshalls can detect and arrest persons violating the humane statutes.  Ind. Code § 36-8-3-18.

Humane Officer/Animal Control Officer/Investigator
(Qualifications, Powers, Training, Badges/Certification/Firearms)
Qualifications: for both cities and towns (humane officers in cities, or deputy marshalls for towns)
- A member of the police department for cities.  Ind. Code § 36-8-3-18.
- A deputy marshall for towns.  Ind. Code. § 36-5-7-6.

Duties: for both cities and towns 
- Attend stated and special meetings of the city's incorporated humane society, if there is one.   Ind. Code § 36-8-3-18. 
- Report to the humane society, at least once a month, on all matters relating to his duties under law for the previous month.   Ind. Code § 36-8-3-18.

Powers: for both cities and towns
- If a humane statute or ordinance has, to his knowledge, been violated, he shall, if directed by the president of the humane society, file his affidavits before a court charging the person violating the law with the violation. Ind. Code § 36-8-3-18.

Prohibited Actions
For livestock animals, a state veterinarian investigates and makes a recommendation to the court regarding whether confiscation of an animal is necessary.  Ind. Code § 46-3-6


 

(Agriculture and Animals Animal Health / Crimes and Infractions) 15-2.1-21-13 Sale of birds or rabbits; discoloring birds or rabbits

 

Summary: Prohibits selling a bird underthree weeks old selling a rabbit under two months old dying, staining or otherwise altering the natural coloring of a bird or rabbit. Exception: Commercial breeders or distributors whose facilities are adequately equipped for the care of young birds or rabbits.

Penalty: Class B Misdemeanor. Knowing or intentional violation: Class D Felony (15-2.1-21-9) Maximum $25,000 fine for each day of violation plus payment to Board for costs incurred from prosecution. These penalties and costs can be recovered in a civil action and an injunction for continuing violations can be obtained (15-2.1-21-14).

(Agriculture and Animals Animal Health) 15-2.1-21-11.1 Sale of puppies

 

Summary: Prohibits importing or exporting for sale any dog under 8 weeks old unless it is transported with its dam (mother). Exception: Research facilities licensed under the federal Laboratory Animals Welfare Act (7 USC 2131 et seq.).

Penalty: Knowing or intentional violation: Class D Felony (15-2.1-21-9) Maximum $25,000 fine for each day of violation plus payment to Board for costs incurred from prosecution. These penalties and costs can be recovered in a civil action and an injunction for continuing violations can be obtained (15-2.1-21-14).

(Agriculture and Animals Livestock and Animal Control)15-5-18-2 Maintenance and inspection of bill of sale

 

Summary: Requires anyone who sells a dog to a laboratory to (for one year after the sale): maintain the bill of sale for the dog; and allow a law enforcement officer to inspect the bill of sale Applies to the sale of dogs to research laboratories and any laboratory that uses animals for the production of medicines or other products (15-5-18-1).

Penalty: If an individual is unable to show a valid bill of sale for a dog, a laboratory may not purchase the dog, and there is a rebuttable presumption that the dog is stolen (15-5-18-4).

(Agriculture and Animals Livestock and Animal Control)15-5-18-2 Sale of dogs to laboratories

 

Summary: Requires anyone who sells a dog to a laboratory to show a valid bill of sale for the dog to the laboratory buyer. The bill of sale must be from: a breeder or kennel animal control facility private individual. Applies to the sale of dogs to research laboratories and any laboratory that uses animals for the production of medicines or other products (15-5-18-1).

Penalty: If an individual is unable to show a valid bill of sale for a dog, a laboratory may not purchase the dog, and there is a rebuttable presumption that the dog is stolen (15-5-18-4).

(Agriculture and Animals Livestock and Animal Control)15-5-7-2 Authority to kill dog if killing or injuring livestock

 

Summary: Allows anyone to kill a dog if he observes the dog in the act of killing or injuring livestock and he has consent of the owner/lessor of the real property where the dog is found.

(Criminal Law & Procedure Miscellaneous Offenses) 35-46-3-11 Law enforcement animal; mistreatment or interference

 

Summary: Prohibits knowingly or intentionally striking, tormenting, injuring or mistreating a law enforcement animal, or interfering with such an animal when the animal is assisting a law enforcement officer in his/her duties. Exception: Accused engaged in reasonable act of training, handling, or discipline and acted as an employee or agent of a law enforcement agency.

Penalty: Class A Misdemeanor (35-50-3-2) maximum one year confinement; maximum $5,000 fine In addition, court may order restitution to owner for vet bills, and replacement costs of the animal if it is disabled or killed.

(Criminal Law & Procedure Miscellaneous Offenses) 35-46-3-12 Beating a vertebrate animal

 

Summary: Prohibits cruelty to an animal: knowingly or intentionally beating a vertebrate animal Increased penalty applies if: the offender has a prior unrelated conviction under this section, or the offender knowingly or intentionally tortures or mutilates the animal Exceptions: humane society, animal control or animal shelter employee who euthanizes an injured, sick, homeless or unwanted domestic animal if in accordance with the facility's euthanasia guidelines reasonable belief that the conduct was necessary to prevent injury to a person reasonable belief that the conduct was necessary to protect the property of the accused from destruction or substantial damage reasonable belief that the conduct was necessary to prevent seriously injured vertebrate animal from prolonged suffering engaged in a reasonable and recognized act of training, handling, or disciplining the vertebrate animal Note: See 35-46-3-5 above for further exceptions.

Penalty: Animal Cruelty: Class A Misdemeanor (35-50-3-2) maximum one year confinement; maximum $5,000 fine. Torture or mutilation: Class D felony Prior conviction: Class D felony. (35-50-2-7) Class D felony 1.5 yrs confinement, plus or minus up to one year depending on mitigating or aggravating circumstances and/or maximum $10,000 fine. Any law enforcement officer or other person with authority to impound animals who has probable cause can take custody of the animal involved.

(Criminal Law & Procedure Miscellaneous Offenses) 35-46-3-13 Removal of vocal cords (debarking)

 

Summary: Prohibits knowingly or intentionally removing vocal cords of a trained attack dog. Exception: Reasonable belief that conduct necessary to prevent seriously injured dog from prolonged injury.

Penalty: Class A Misdemeanor

(Criminal Law & Procedure Miscellaneous Offenses) 35-46-3-3 Definitions

 

Summary: Animal as used in Chapter 3 (offenses relating to animals) does not include a human being.

(Criminal Law & Procedure Miscellanous Offenses / Offenses Relating to Animals)35-46-3-5 Exception

 

Summary: Exceptions to animal cruelty statutes: fishing, hunting, trapping, or other conduct authorized under IC 14-22 killing dogs that injure or kill livestock (IC 15-5-7) veterinary practices authorized by state standards (IC 15-5-1.1-8) conduct authorized by local ordinance acceptable farm management practices conduct authorized by the Indiana Meat and Poultry Inspection and Humane Slaughter Act, and rules for state or federally inspected livestock slaughtering facilities research facility registered with the USDA under the federal Animal Welfare Act (7 USC 2131 et seq.) destruction of a vertebrate defined as a pest under IC 15-3-3.6-2(22) Destruction of an animal by electrocution is authorized only if conducted by a person engaged in an acceptable farm management practice, by a research facility registered with the USDA under the Animal Welfare Act, or for the Animal Disease Diagnostic Laboratory established under IC 15-2.1-5-1, a research facility licensed by the USDA, a college, or a university.

(Criminal Law & Procedure (Miscellaneous Offenses)35-46-3-7 Abandonment or neglect of vertebrate animals

 

Summary: Prohibits recklessly, knowingly or intentionally abandoning or neglecting a vertebrate animal in one's custody.

Penalty: Class B Misdemeanor (35-50-3-3) maximum 180 days confinement; maximum $1,000 fine. Any law enforcement officer or other person with authority to impound animals who has probable cause can take custody of the animal involved.

(Criminal Law and Procedure Controlled Explosives)35-47.5-5-7 Obstruction of official personnel

 

Summary: Prohibits knowingly or intentionally hindering or obstructing (while they are detecting, disarming or destroying a destructive device): law enforcement officer fire official emergency management official animal trained to detect destructive devices robot or mechanical device designed or used by law enforcement, fire or emergency management officials

Penalty: Class B felony


Ordinances

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