CRIMINAL LAWAND PROCEDURE
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(1) Make a recommendation to the court
concerning whether confiscation is nec-
essary to protect the safety and well-being
of the animal.
(2) If confiscation is recommended under
subdivision (1), recommend a manner for
handling the confiscation and disposition
of the animal that is in the best interests of
the animal.
The state veterinarian or the state veterinarian’s
designee who submits a recommendation under
this subsection shall articulate to the court the
reasons supporting the recommendation.
(g) The court:
(1) shall give substantial weight to; and
(2) may enter an order based upon;
a recommendation submitted under subsection
(f).
(h) If a person is convicted of an offense under
this chapter or IC 15-20-1, the court may impose
the following additional penalties against the per-
son:
(1) A requirement that the person pay the
costs of caring for an animal involved in
the offenses that are incurred during a
period of impoundment authorized under
subsection (b).
(2) An order terminating or imposing con-
ditions on the person’s right to possession,
title, custody, or care of:
(A) an animal that was involved in the
offense; or
(B) any other animal in the custody or
care of the person.
(i) If a person’s right to possession, title, cus-
tody, or care of an animal is terminated under
subsection (h), the court may:
(1) award the animal to a humane society
or other organization that has as its prin-
cipal purpose the humane treatment of
animals; or
(2) order the disposition of the animal as
recommended under subsection (f).
35-46-3-7. Abandoned, neglected animal.
(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 misde-
meanor. 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 convic-
tion under this chapter.
(b) It is a defense to a prosecution for aban-
doning a vertebrate animal under this section that
the person who had the animal in the person’s cus-
tody reasonably believed that the vertebrate ani-
mal 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.
35-46-3-8. Purchasing or possessing an
animal for fighting.
Aperson who knowingly or intentionally pur-
chases or possesses an animal for the purpose of
using the animal in an animal fighting contest
commits a Level 6 felony.
35-46-3-8.5. Possession of animal fighting
paraphernalia.
Aperson who knowingly or intentionally pos-
sesses animal fighting paraphernalia with the
intent to commit a violation of section 9 of this
chapter commits possession of animal fighting
paraphernalia, a Class B misdemeanor. However,
the offense is a Class A misdemeanor if the per-
son has a prior unrelated conviction under this sec-
tion.
35-46-3-9. Animal fighting contest.
A person who knowingly or intentionally:
(1) promotes or stages an animal fighting
contest;
(2) uses an animal in a fighting contest; or
(3) attends an animal fighting contest hav-
ing an animal in the person’s possession;
commits a Level 6 felony.
35-46-3-9.5. Promoting animal fighting
contest.
A person who knowingly or intentionally:
(1) possesses animal fighting parapherna-
lia with the intent to commit a violation of
section 9 of this chapter; and
(2) possesses, harbors, or trains a dog,
cock, fowl, or bird bearing:
(A) a scar;
