Shown verbatim: the complete text as captured from the official PDF posted by the Indiana General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
Second Regular Session of the 124th General Assembly (2026)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2025 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1165
AN ACT to amend the Indiana Code concerning criminal law and
procedure.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 34-30-30-3, AS ADDED BY P.L.186-2017,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) Except as provided in subsection (c), a
person who forcibly enters a motor vehicle to remove a domestic
animal from the motor vehicle
(1) is liable to the owner or lessee of the motor vehicle for
one-half (1/2) of the cost of repairing the damage to the motor
vehicle directly caused by the person's forcible entry, unless the
owner or lessee of the motor vehicle waives the person's liability
under this subdivision; and
(2) is immune from any other criminal or civil liability for other
property damage resulting from the person's forcible entry of the
motor vehicle
if all the conditions set forth in subsection (b) are satisfied.
(b) For subsection (a)(1) and (a)(2) (a) to apply to a person who
forcibly enters a motor vehicle to remove a domestic animal from the
motor vehicle, all the following conditions must be satisfied:
(1) A domestic animal must be present in the enclosed space of
the motor vehicle, and the person must reasonably believe that the
domestic animal is in imminent danger of suffering serious bodily
harm if the domestic animal remains in the motor vehicle.
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(2) The person must determine that:
(A) the motor vehicle is locked; and
(B) forcible entry of the motor vehicle is necessary to remove
the domestic animal from the motor vehicle.
(3) The person must call telephone number 911 or otherwise
attempt to contact:
(A) a law enforcement officer;
(B) a firefighter;
(C) an animal control officer; or
(D) another emergency responder;
before the person forcibly enters the motor vehicle.
(4) The person must use no more force than is reasonably
necessary to enter the motor vehicle and remove the domestic
animal from the motor vehicle.
(5) The person must remain with the domestic animal until a law
enforcement officer, firefighter, animal control officer, or other
emergency responder arrives at the scene.
(c) If any of the following persons, acting in the course and scope of
the person's employment, forcibly enters a motor vehicle to remove a
domestic animal from the motor vehicle, the person is not liable for the
cost of repairing damage to the motor vehicle caused by the person's
forcible entry:
(1) A law enforcement officer.
(2) A firefighter.
(3) A government officer or employee whose primary duty is to
ensure public safety.
(4) An emergency responder other than those identified in
subdivisions (1) through (3).
(5) An animal control officer.
(6) A veterinarian who is licensed or otherwise authorized to
practice veterinary medicine in Indiana under IC 25-38.1-3.
(7) A veterinary assistant, as defined in IC 25-38.1-1-14.7.
For the purposes of this subsection, a law enforcement officer may be
considered to be acting in the course and scope of the law enforcement
officer's employment even if the law enforcement officer is off duty.
SECTION 2. IC 35-31.5-2-51.3, AS ADDED BY P.L.37-2019,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 51.3. "Companion animal", for purposes of
IC 35-38-2-2.8 and IC 35-46-3, has the meaning set forth in
IC 35-38-2-2.8.
SECTION 3. IC 35-31.5-2-103, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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JULY 1, 2026]: Sec. 103. "Domestic animal", for purposes of
IC 35-46-3-12(d) IC 35-43-4-2 and IC 35-46-3 has the meaning set
forth in IC 35-46-3-12(d). IC 35-46-3-0.5.
SECTION 4. IC 35-38-1-7.1, AS AMENDED BY P.L.218-2025,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 7.1. (a) In determining what sentence to impose
for a crime, the court may consider the following aggravating
circumstances:
(1) The harm, injury, loss, or damage suffered by the victim of an
offense was:
(A) significant; and
(B) greater than the elements necessary to prove the
commission of the offense.
(2) The person has a history of criminal or delinquent behavior.
(3) The victim of the offense was less than twelve (12) years of
age or at least sixty-five (65) years of age at the time the person
committed the offense.
(4) The person:
(A) committed a crime of violence (IC 35-50-1-2); and
(B) knowingly committed the offense in the presence or within
hearing of an individual who:
(i) was less than eighteen (18) years of age at the time the
person committed the offense; and
(ii) is not the victim of the offense.
(5) The person violated a protective order issued against the
person under IC 34-26-5 (or IC 31-1-11.5, IC 34-26-2, or
IC 34-4-5.1 before their repeal), a workplace violence restraining
order issued against the person under IC 34-26-6, or a no contact
order issued against the person.
(6) The person has recently violated the conditions of any
probation, parole, pardon, community corrections placement, or
pretrial release granted to the person.
(7) The victim of the offense was:
(A) a person with a disability (as defined in IC 27-7-6-12), and
the defendant knew or should have known that the victim was
a person with a disability; or
(B) mentally or physically infirm.
(8) The person was in a position having care, custody, or control
of the victim of the offense.
(9) The injury to or death of the victim of the offense was the
result of shaken baby syndrome (as defined in IC 16-41-40-2) or
abusive head trauma.
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(10) The person threatened to harm the victim of the offense or a
witness if the victim or witness told anyone about the offense.
(11) The person:
(A) committed trafficking with an inmate under
IC 35-44.1-3-5; and
(B) is an employee of the penal facility.
(12) The person committed the offense with bias due to the
victim's or the group's real or perceived characteristic, trait, belief,
practice, association, or other attribute the court chooses to
consider, including but not limited to an attribute described in
IC 10-13-3-1.
(13) The person is or has been an alien (as defined by 8 U.S.C.
1101(a)) unlawfully present in the United States. A determination
by the United States Department of Homeland Security that an
alien has come to, entered, or remained in the United States in
violation of law is evidence that the alien is or has been
unlawfully present in the United States.
(14) The offense involved dealing in a controlled substance under
IC 35-48-4 and the person distributed the controlled substance to
at least three (3) different individuals in a one hundred eighty
(180) day period.
(15) The offense resulted in the:
(A) death; or
(B) permanent loss or impairment of the function of a
bodily member or organ;
of an animal.
(b) The court may consider the following factors as mitigating
circumstances or as favoring suspending the sentence and imposing
probation:
(1) The crime neither caused nor threatened serious harm to
persons or property, or the person did not contemplate that it
would do so.
(2) The crime was the result of circumstances unlikely to recur.
(3) The victim of the crime induced or facilitated the offense.
(4) There are substantial grounds tending to excuse or justify the
crime, though failing to establish a defense.
(5) The person acted under strong provocation.
(6) The person has no history of delinquency or criminal activity,
or the person has led a law-abiding life for a substantial period
before commission of the crime.
(7) The person is likely to respond affirmatively to probation or
short term imprisonment.
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(8) The character and attitudes of the person indicate that the
person is unlikely to commit another crime.
(9) The person has made or will make restitution to the victim of
the crime for the injury, damage, or loss sustained.
(10) Imprisonment of the person will result in undue hardship to
the person or the dependents of the person.
(11) The person was convicted of a crime involving the use of
force against a person who had repeatedly inflicted physical or
sexual abuse upon the convicted person and evidence shows that
the convicted person suffered from the effects of battery as a
result of the past course of conduct of the individual who is the
victim of the crime for which the person was convicted.
(12) The person was convicted of a crime relating to a controlled
substance and the person's arrest or prosecution was facilitated in
part because the person:
(A) requested emergency medical assistance; or
(B) acted in concert with another person who requested
emergency medical assistance;
for an individual who reasonably appeared to be in need of
medical assistance due to the use of alcohol or a controlled
substance.
(13) The person has posttraumatic stress disorder, traumatic brain
injury, or a postconcussive brain injury.
(14) The person is a person described in IC 31-30-1-4(d) who
committed the offense while the person was a child but is now at
least twenty-one (21) years of age.
(15) The offense involved a controlled substance under
IC 35-48-4 and the person:
(A) sought treatment:
(i) in the three hundred sixty-five (365) day period
preceding the date of the commission of the offense; or
(ii) on or after the date on which the person committed the
offense, but before sentencing; and
(B) successfully completed treatment:
(i) in the three hundred sixty-five (365) day period
preceding the date of the commission of the offense; or
(ii) on or after the date on which the person committed the
offense, but before sentencing.
(c) The criteria listed in subsections (a) and (b) do not limit the
matters that the court may consider in determining the sentence.
(d) A court may impose any sentence that is:
(1) authorized by statute; and
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(2) permissible under the Constitution of the State of Indiana;
regardless of the presence or absence of aggravating circumstances or
mitigating circumstances.
(e) If a court suspends a sentence and orders probation for a person
described in subsection (b)(13), the court may require the person to
receive treatment for the person's injuries.
SECTION 5. IC 35-43-4-2, AS AMENDED BY P.L.175-2022,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) A person who knowingly or intentionally
exerts unauthorized control over property of another person, with intent
to deprive the other person of any part of its value or use, commits
theft, a Class A misdemeanor. However, the offense is:
(1) a Level 6 felony if:
(A) the value of the property is at least seven hundred fifty
dollars ($750) and less than fifty thousand dollars ($50,000);
(B) the property is a:
(i) motor vehicle (as defined in IC 9-13-2-105(a)); or
(ii) component part (as defined in IC 9-13-2-34) of a motor
vehicle; or
(iii) domestic animal; or
(C) the person has a prior unrelated conviction for:
(i) theft under this section;
(ii) criminal conversion under section 3 of this chapter;
(iii) robbery under IC 35-42-5-1; or
(iv) burglary under IC 35-43-2-1;
(2) a Level 5 felony if:
(A) the value of the property is at least fifty thousand dollars
($50,000);
(B) the property that is the subject of the theft is a valuable
metal (as defined in IC 25-37.5-1-1) and:
(i) relates to transportation safety;
(ii) relates to public safety; or
(iii) is taken from a hospital or other health care facility,
telecommunications provider, public utility (as defined in
IC 32-24-1-5.9(a)), or critical infrastructure facility;
and the absence of the property creates a substantial risk of
bodily injury to a person; or
(C) the property is a:
(i) motor vehicle (as defined in IC 9-13-2-105(a)); or
(ii) component part (as defined in IC 9-13-2-34) of a motor
vehicle; and
the person has a prior unrelated conviction for theft of a motor
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vehicle (as defined in IC 9-13-2-105(a)) or theft of a
component part (as defined in IC 9-13-2-34); and
(3) a Level 5 felony if the property is a firearm.
(b) For purposes of this section, "the value of property" means:
(1) the fair market value of the property at the time and place the
offense was committed; or
(2) if the fair market value of the property cannot be satisfactorily
determined, the cost to replace the property within a reasonable
time after the offense was committed.
A price tag or price marking on property displayed or offered for sale
constitutes prima facie evidence of the value of the property.
(c) If the offense described in subsection (a) is committed by a
public servant who exerted unauthorized control over public funds (as
defined by IC 5-22-2-23) from the public servant's employer, the
employer may be reimbursed in accordance with IC 2-3.5-4-11,
IC 2-3.5-5-9, IC 5-10-5.5-19, IC 5-10.3-8-9, IC 5-10.4-5-14,
IC 10-12-2-10, IC 33-38-6-19.5, IC 33-39-7-10.5, IC 36-8-6-14,
IC 36-8-7-22, IC 36-8-7.5-19, or IC 36-8-8-17.
SECTION 6. IC 35-46-3-0.1, AS AMENDED BY P.L.63-2012,
SECTION 70, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 0.1. The following amendments to this chapter
apply as follows:
(1) The amendments made to section 12 of this chapter by
P.L.7-2007 apply only to:
(A) offenses; and
(B) acts that would be a crime if committed by an adult;
that are committed after June 30, 2007.
(2) The amendments made to sections 8 and 12 of this chapter by
P.L.171-2007 apply only to crimes committed after June 30, 2007.
However, the amendments made to section 12(d) of this chapter
by P.L.171-2007 (currently codified at section 12(f) of this
chapter) apply only to:
(A) crimes; and
(B) delinquent acts that would be crimes if committed by an
adult;
that are committed after June 30, 2007.
SECTION 7. IC 35-46-3-0.5, AS AMENDED BY P.L.52-2023,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 0.5. The following definitions apply throughout
this chapter:
(1) "Abandon" means to desert an animal or to leave the animal
without making provision for adequate long term care of the
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animal. The term does not include leaving an animal in a place
that is temporarily vacated for the protection of human life during
a disaster.
(2) "Abuse" means to knowingly or intentionally beat, torment,
injure, or otherwise harm an animal. The term includes
destruction of an animal by any means other than humane
euthanasia if the person who destroys the animal is:
(A) a humane society;
(B) an animal control agency; or
(C) a governmental entity operating an animal shelter or other
animal impounding facility.
(3) "Adequate bedding" means bedding sufficient to permit a
domestic animal to:
(A) remain dry;
(B) remain reasonably clean; and
(C) maintain a normal body temperature.
(4) "Adequate shelter" means a covered enclosure sufficient
to:
(A) protect an animal from the elements; and
(B) prevent suffering or injury to an animal;
based on the climate and the animal's species, age, and health.
(5) "Companion animal" has the meaning set forth in
IC 35-38-2-2.8.
(6) "Domestic animal" means an animal that is not wild. The
term is limited to:
(A) cattle, calves, horses, mules, swine, sheep, goats, dogs,
cats, poultry, ostriches, rhea, and emus; or
(B) an animal of the bovine, equine, ovine, caprine,
porcine, canine, feline, camelid, cervidae, or bison species.
(3) (7) "Humane euthanasia" means the humane destruction of an
animal using sodium pentobarbital or a derivative, administered
in a manner that causes painless loss of consciousness and death.
The term does not include a method:
(A) prohibited by section 15 of this chapter; or
(B) involving the use of carbon monoxide, carbon dioxide, or
any nonanesthetic inhalant.
(4) (8) "Impound agency" means a state, county, municipal, or
township agency with the authority to impound animals for
violation of this chapter or IC 15-20-1-4. The term includes the
following:
(A) A law enforcement agency.
(B) An animal control agency.
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(5) (9) "Mutilate" means to wound, injure, maim, or disfigure an
animal by damaging the animal's body parts or to render any part
of the animal's body useless. The term includes bodily injury
involving:
(A) serious permanent disfigurement;
(B) serious temporary disfigurement;
(C) permanent or protracted loss or impairment of the function
of a bodily part or organ; or
(D) a fracture.
(6) (10) "Neglect" means:
(A) endangering an animal's health by failing to provide or
arrange to provide the animal with food or drink, if the animal
is dependent upon the person for the provision of food or
drink. Food and drink must be provided in a sufficient
quantity to maintain the animal's health and normal
development, and in a form that is unspoiled,
uncontaminated, and otherwise fit for consumption. Water
that is frozen is not sufficient to maintain an animal's
health and normal development;
(B) restraining an animal for more than a brief period in a
manner that endangers the animal's life or health by the use of
a rope, chain, or tether that:
(i) is less than three (3) times the length of the animal;
(ii) is too heavy to permit the animal to move freely; or
(iii) causes the animal to choke;
(C) restraining an animal in a manner that seriously endangers
the animal's life or health;
(D) failing to:
(i) provide reasonable care for; or
(ii) seek veterinary care for;
an injury or illness to a dog or cat that seriously endangers the
life or health of the dog or cat; or
(E) leaving a dog or cat outside and exposed to:
(i) excessive heat without providing the animal with a means
of shade from the heat; or
(ii) excessive cold if the animal is not provided with straw
or another means of protection from the cold;
regardless of whether the animal is restrained or kept in a
kennel. failing to provide an animal with adequate bedding
and adequate shelter.
(7) (11) "Reasonable expenses" includes the cost of:
(A) medical care;
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(B) quarantine; and
(C) shelter and board.
(8) (12) "Torture" means:
(A) to inflict extreme physical pain or injury on an animal with
the intent of increasing or prolonging the animal's pain;
(B) to administer poison to a domestic animal (as defined in
section 12(d) of this chapter) or expose a domestic animal to
a poisonous substance with the intent that the domestic animal
ingest the substance;
(C) to destroy an animal by electrocution in a manner
inconsistent with section 5 of this chapter; or
(D) to intentionally freeze or heat an animal to death. expose
an animal to heat or cold beyond an animal's tolerance
based on the animal's:
(i) age;
(ii) health;
(iii) medical conditions; or
(iv) physical characteristics;
which results in pain, suffering, or death; or
(E) to knowingly, intentionally, or recklessly starve,
dehydrate, or suffocate an animal.
SECTION 8. IC 35-46-3-5, AS AMENDED BY P.L.41-2021,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. (a) Except as provided in subsections (b)
through (c), this chapter does not apply to the following:
(1) Fishing, hunting, trapping, or other conduct authorized under
IC 14-22.
(2) Conduct authorized under IC 15-20-2.
(3) Generally accepted veterinary standards and practices.
(4) Conduct authorized by a local ordinance.
(5) Acceptable farm management practices.
(6) Conduct authorized by IC 15-17, and rules adopted under
IC 15-17 for:
(A) state or federally inspected livestock slaughtering
facilities;
(B) emergency events; or
(C) state or federal animal disease control programs.
(7) A research facility registered with the United States
Department of Agriculture under the federal Animal Welfare Act
(7 U.S.C. 2131 et seq.).
(8) Destruction of a vertebrate animal defined as a pest under
IC 15-16-5-24, except for a rodent that is not a nuisance
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rodent.
(9) Destruction of or injury to a fish.
(10) Destruction of a vertebrate animal that is:
(A) endangering, harassing, or threatening livestock or a
domestic animal; or
(B) destroying or damaging a person's property.
(11) Humane euthanasia of an animal by:
(A) a humane society;
(B) an animal control agency; or
(C) a governmental entity operating an animal shelter or other
animal impounding facility.
(12) Destruction of an injured or ill animal by an individual to
prevent the animal from prolonged suffering.
(13) Conduct not resulting in serious injury or illness to the
animal that is incidental to exhibiting an animal for show,
competition, or display, or that is incidental to transporting the
animal for show, competition, or display.
(14) Parking an animal.
(15) Humane destruction of an animal that the person owns.
(b) Section 1 of this chapter applies to conduct described in
subsection (a).
(c) Destruction of an animal by electrocution is authorized under
this section only if it is conducted by a person who:
(1) uses generally accepted veterinary standards and practices for
euthanasia, depopulation, or slaughter of animals;
(2) is engaged in an acceptable farm management practice; or
(3) is engaged in activities by a research facility registered with
the United States Department of Agriculture under the Animal
Welfare Act, or for the animal disease diagnostic laboratory
established under IC 21-46-3-1 or a research facility licensed by
the United States Department of Agriculture, a college, or a
university.
SECTION 9. IC 35-46-3-7, AS AMENDED BY P.L.158-2013,
SECTION 558, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: 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.
(b) However, except for a conviction under section 1 of this chapter,
the an offense under subsection (a) is a Level 6 felony if the:
(1) the person has a prior unrelated conviction under this chapter;
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(2) person commits the offense in the presence of a minor; or
(3) abandonment or neglect results in:
(A) serious permanent disfigurement;
(B) unconsciousness;
(C) permanent or protracted loss or impairment of the
function of a bodily member or organ; or
(D) death;
of the animal; or
(4) person has ten (10) or more vertebrate animals in the
person's custody which results in the person:
(A) failing to provide adequate food, potable water, and
adequate shelter to at least one (1) vertebrate animal;
(B) keeping at least one (1) vertebrate animal in an
overcrowded environment; or
(C) disregarding the conditions under which at least one
(1) vertebrate animal is living in and the harmful impact
the conditions have on the health and well-being of the
vertebrate animals.
(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.
SECTION 10. IC 35-46-3-11, AS AMENDED BY P.L.168-2014,
SECTION 86, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 11. (a) A person who knowingly or intentionally:
(1) strikes, torments, injures, or otherwise mistreats a law
enforcement animal; or
(2) interferes with the actions of a law enforcement animal while
the animal is engaged in assisting a law enforcement officer in the
performance of the officer's duties;
commits a Class A misdemeanor.
(b) An offense under subsection (a)(1) is a Level 6 felony if the act
results in:
(1) serious permanent disfigurement;
(2) unconsciousness; or
(3) permanent or protracted loss or impairment of the function of
a bodily member or organ; or
(4) death;
of the law enforcement animal.
(c) An offense under subsection (a)(1) is a level 5 felony if the act
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results in the death of the law enforcement animal.
(c) (d) It is a defense to a prosecution under this section:
(1) that the accused person:
(1) (A) engaged in a reasonable act of training, handling, or
discipline; and
(2) (B) acted as an employee or agent of a law enforcement
agency; or
(2) that:
(A) the actions of the accused person were objectively
reasonable and taken in good faith to protect the person or
another individual from imminent injury by the law
enforcement animal; and
(B) neither the accused person nor the other individual
substantially contributed to the circumstances leading to
the deployment of the law enforcement animal.
(d) (e) In addition to any sentence or fine imposed for a conviction
of an offense under this section, the court:
(1) may order the person convicted to make restitution to the
person or law enforcement agency owning the animal for
reimbursement of veterinary bills; and
(2) shall order the person convicted to make restitution to the
person or law enforcement agency owning the animal for
reimbursement of the cost of replacing the animal, which may
include the cost of training the animal, if the animal is
permanently disabled or killed.
SECTION 11. IC 35-46-3-12, AS AMENDED BY P.L.141-2019,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 12. (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 facility; and
(2) the person euthanizes the domestic animal 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 abuses 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
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(2) the person committed the offense with the intent to threaten,
intimidate, coerce, harass, or terrorize a family or household
member;
(3) the offense is committed in the immediate presence of a
minor; or
(4) the act results in:
(A) serious permanent disfigurement;
(B) unconsciousness;
(C) permanent or protracted loss or impairment of the
function of a bodily member or organ; or
(D) the death;
of the animal.
(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 subsection, "domestic animal" means an animal
that is not wild. The term is limited 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.
(d) A person who knowingly or intentionally kills a domestic animal
without the consent of the owner of the domestic animal commits
killing a domestic 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 person or another person;
(B) protect the property of the accused person from destruction
or substantial damage; or
(C) prevent a seriously injured vertebrate animal from
prolonged suffering; or
(2) engaged in a reasonable and recognized act of training,
handling, or disciplining the vertebrate animal.
(f) When a court imposes a sentence or enters a dispositional decree
under this section, the court:
(1) shall consider requiring:
(A) a person convicted of an offense under this section; or
(B) a child adjudicated a delinquent child for committing an
act that would be a crime under this section if committed by an
adult;
to receive psychological, behavioral, or other counseling as a part
HEA 1165 — Concur
15
of the sentence or dispositional decree; and
(2) may order an individual described in subdivision (1) to receive
psychological, behavioral, or other counseling as a part of the
sentence or dispositional decree.
SECTION 12. IC 35-46-3-12.5, AS AMENDED BY P.L.158-2013,
SECTION 567, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 12.5. A person who knowingly or
intentionally:
(1) abuses;
(2) abandons;
(3) kills; or
(4) neglects;
a vertebrate animal with the intent to threaten, intimidate, coerce,
harass, or terrorize a family or household member commits domestic
violence animal cruelty, a Level 6 felony.
HEA 1165 — Concur
Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1165 — ConcurEvery fact on this page links to its source, starting with the official bill record.