Cruelty to animals is illegal in Indiana, as it is across the country. The state's animal protection laws are less detailed than in many other parts of the country, but they cover the basic forms of abuse and neglect. Below, we’ve summarized the most important laws that pet owners and animal lovers should know about.
What Are the Penalties for Animal Cruelty in Indiana?
Indiana makes it a crime to abuse an animal by beating, tormenting, injuring, or otherwise harming the animal. A person who commits this offense is guilty of cruelty to animals. Animals include dogs, cats, horses, domesticated animals, and non-domesticated animals.
Some forms of animal cruelty are felonies in Indiana, including:
- intentionally torturing or mutilating an animal
- intentionally killing someone else’s animal without consent, unless it was necessary to prevent injury, serious property damage, or prolonged suffering by an injured animal, and
- promoting or using an animal in a fighting contest.
Indiana also makes it a felony to intentionally kill or abuse an animal in order to threaten or intimidate a family or household member. This act is considered domestic violence.
Other violations are penalized as Class A misdemeanors. Repeat offenses carry felony penalties. (Ind. Code § 35-46-3-9, -12, -12.5 (2022).)
Does Indiana Have Exceptions to Animal Cruelty Laws?
Indiana exempts several kinds of legal activity from its animal cruelty laws, including:
- research at a facility that’s registered with the federal government
- fishing, hunting, or trapping
- destroying an animal that’s endangering other domestic animals or damaging property
- humane euthanasia, and
- standard veterinary or farm management practices.
(Ind. Code § 35-46-3-5 (2022).)
What Are the Penalties for Abandoning or Neglecting Animals in Indiana?
It’s a misdemeanor in Indiana to abandon or neglect an animal in your custody. Animal neglect includes:
- endangering an animal’s health by not giving it food and water
- not providing care or seeking veterinary treatment for a dog or cat that’s seriously injured or sick
- leaving a dog or cat outside without protection from extreme heat or cold, and
- restraining an animal in a way that seriously endangers its life or health, or with a chain or tether that’s too short, too heavy, or causes choking.
The crime bumps up to a felony if the person had a previous conviction for animal abuse. (Ind. Code §§ 35-46-3-0.5, 35-46-3-7 (2022).)
Can You Rescue Dogs, Cats, and Other Pets From Cars in Indiana?
Indiana law allows Good Samaritans to break into locked cars to rescue pets in distress. In order to be protected from criminal charges for their actions, rescuers must:
- believe (with reason) that a pet is in immediate danger of physical harm and that breaking into the car is the only way to get the animal out
- call 911 or contact other authorities (such as police or animal control) before taking action
- use the minimum amount of force needed to remove the animal from the car, and
- stay with the animal until an officer or emergency responder arrives.
However, even if Good Samaritans (other than officers or vets) follow these steps, they could be liable to the car’s owner for half of the repair costs. And if the animal bites or otherwise hurts the rescuer during the process, the owner won’t be liable for the injuries. (Ind. Code §§ 34-30-30-3, 34-30-30-4 (2022).)
How to Report Animal Abuse in Indiana
If you see or hear an animal that appears to be abused, mistreated, or neglected, contact your local animal control agency, law enforcement agency, or humane society. You can typically find your local agencies by searching the internet for the name of your city or county, along with “animal control,” “animal care and control,” or “humane society.” If you’re concerned about conditions at a puppy mill or pet shop, contact the nearest office of the U.S. Department of Agriculture.
Speaking With a Lawyer
If you’ve been accused of animal cruelty—or you’re worried about possible charges—it’s a good idea to speak with a criminal defense lawyer as soon as possible. An attorney experienced in this area should be able to explain:
- details on relevant state laws
- how local authorities tend to interpret those laws
- ordinances in your local community that may apply to your situation
- how you might recover your pet if authorities have already taken it, and
- any defense you might have to criminal charges.