Sec. 7. (a) A person who:
(1) has a vertebrate animal in the person's custody; and
(2) recklessly, knowingly, or intentionally abandons or neglects the animal;
commits cruelty to an animal, a Class A misdemeanor. However, except for a conviction under section 1 of this chapter, the offense is a Level 6 felony if the person has a prior unrelated conviction under this chapter.
(b) It is a defense to a prosecution for abandoning a vertebrate animal under this section that the person who had the animal in the person's custody reasonably believed that the vertebrate animal was capable of surviving on its own.
(c) For purposes of this section, an animal that is feral is not in a person's custody.
As added by P.L.193-1987, SEC.10. Amended by P.L.171-2007, SEC.8; P.L.111-2009, SEC.12; P.L.158-2013, SEC.558.
Structure Indiana Code
Title 35. Criminal Law and Procedure
Article 46. Miscellaneous Offenses
Chapter 3. Offenses Relating to Animals
35-46-3-0.1. Application of Certain Amendments to Chapter
35-46-3-1. Harboring a Non-Immunized Dog
35-46-3-4. "Animal Fighting Contest"
35-46-3-4.3. "Animal Fighting Paraphernalia"
35-46-3-4.5. "Law Enforcement Animal"
35-46-3-5. Exceptions From Chapter; Electrocution
35-46-3-6. Impoundment of Animals; Probable Cause Hearing; Penalties; Custody; Bond
35-46-3-7. Abandonment or Neglect of Vertebrate Animals; Defense
35-46-3-8. Purchase or Possession of Animals for Fighting Contests
35-46-3-8.5. Possession of Animal Fighting Paraphernalia
35-46-3-9. Promotion, Use of Animals, or Attendance With Animal at Animal Fighting Contest
35-46-3-9.5. Promoting an Animal Fighting Contest
35-46-3-10. Attendance at Fighting Contest
35-46-3-11. Cruelty to a Law Enforcement Animal
35-46-3-11.3. Cruelty to a Search and Rescue Dog
35-46-3-11.5. Cruelty to a Service Animal
35-46-3-12. Torture or Mutilation of a Vertebrate Animal; Killing a Domestic Animal
35-46-3-12.5. Domestic Violence Animal Cruelty
35-46-3-13. Removal of Attack Dog's Vocal Cords; Animal Cruelty