CRIMINAL LAWAND PROCEDURE
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(2) replacement costs of the dog if the dog
is disabled or killed.
35-46-3-11.5. Striking, interfering with
service animal.
(a) As used in this section, “service animal”
means an animal that a person who is impaired by:
(1) blindness or any other visual impair-
ment;
(2) deafness or any other aural impair-
ment;
(3) a physical disability; or
(4) a medical condition;
relies on for navigation, assistance in performing
daily activities, or alert signals regarding the onset
of the person’s medical condition.
(b) A person who knowingly or intentionally:
(1) interferes with the actions of a service
animal; or
(2) strikes, torments, injures, or otherwise
mistreats a service animal;
while the service animal is engaged in assisting an
impaired person described in subsection (a) com-
mits a Class A misdemeanor.
(c) The offense under subsection (b)(2) is a
Level 6 felony if the act results in the:
(1) serious permanent disfigurement;
(2) unconsciousness;
(3) permanent or protracted loss or impair-
ment of the function of a bodily member
or organ; or
(4) death;
of the service animal.
(d) It is a defense that the accused person:
(1) engaged in a reasonable act of training,
handling, or disciplining the service ani-
mal; or
(2) reasonably believed the conduct was
necessary to prevent injury to the accused
person or another person.
35-46-3-12. Cruelty to an animal.
(a) This section does not apply to a person who
euthanizes an injured, a sick, a homeless, or an
unwanted domestic animal if:
(1) the person is employed by a humane
society, an animal control agency, or a
governmental entity operating an animal
shelter or other animal impounding facil-
ity; and
(2) the person euthanizes the domestic ani-
mal in accordance with guidelines adopted
by the humane society, animal control
agency, or governmental entity operating
the animal shelter or other animal
impounding facility.
(b) A person who knowingly or intentionally
beats a vertebrate animal commits cruelty to an
animal, a Class A misdemeanor. However, the
offense is a Level 6 felony if:
(1) the person has a previous, unrelated
conviction under this section; or
(2) the person committed the offense with
the intent to threaten, intimidate, coerce,
harass, or terrorize a family or household
member.
(c) A person who knowingly or intentionally
tortures or mutilates a vertebrate animal commits
torturing or mutilating a vertebrate animal, a Level
6 felony.
(d) As used in this section, “domestic animal”
means an animal that is not wild. The term is lim-
ited to:
(1) cattle, calves, horses, mules, swine,
sheep, goats, dogs, cats, poultry, ostriches,
rhea, and emus; and
(2) an animal of the bovine, equine, ovine,
caprine, porcine, canine, feline, camelid,
cervidae, or bison species.
A person who knowingly or intentionally kills a
domestic animal without the consent of the owner
of the domestic animal commits killing a domes-
tic animal, a Level 6 felony.
(e) It is a defense to a prosecution under this
section that the accused person:
(1) reasonably believes the conduct was
necessary to:
(A) prevent injury to the accused per-
son or another person;
(B) protect the property of the accused
person from destruction or substantial
damage; or
(C) prevent a seriously injured verte-
brate animal from prolonged suffer-
ing; or
(2) engaged in a reasonable and rec-
