Best Practices for Indiana Animal Neglect Laws
Indiana’s animal neglect laws are contained in Chapters 25 to 34 of Title 35 (Crimes and Offenses) of the Indiana Code. Chapter 26 defines the applicable terms, while Chapter 27 sets forth the general prohibition on animal neglect, along with a list of specific prohibitions under Indiana Code Section 35-46-3-5.
It is a Class A misdemeanor for "a person who owns, or has custody or control of an animal to knowingly or intentionally do any of the following:
Indiana Code Section 35-46-3-5.5 sets forth additional specific prohibitions , establishing that it is a Class A misdemeanor for an owner or caretaker to do any of the following:
Finally, Indiana Code Section 35-46-3-7 provides that anyone who knowingly or intentionally "carries out a plan or scheme" does not done so for a scientific or bona fide research purpose if it involves the "destruction of a vertebrate animal for the purpose of generating customarily rejected products through the destruction or after the animal has been killed or euthanized in the customary manner."
Meaning of Animal Neglect in Indiana
Indiana law provides a particular statutory definition of animal neglect: "’Neglect’ means failure to provide the minimum care of an animal either by act or omission." Ind. Code § 35-46-3-4. In order to conduct a successful prosecution for animal neglect, the state must prove beyond a reasonable doubt that someone either did not provide the minimum care for a domestic animal, or actively failed to provide such care through an affirmative act.
The statutes provide what is defined as "minimum care" for an animal, and prevention of harm from other animals is specifically included in this definition of minimum care of an animal: right to adequate food, water, and shelter; provision of necessary medical treatment; and prevention of criminal acts by other people or by other animals. "The minimum care standards in Indiana’s animal cruelty statute do not require, as a matter of law, that a person provide their animals with a certain level of sustenance in order to avoid a conviction for animal cruelty." Tamsen L. Kinghorn, Precipitating the Death of Your Help: Observing the Relationship of Existing Indiana Animal Laws and the Animal Neglect Defense of Necessity, 45 Val. U. L. Rev. 197, 234 (2010). In contrast, "the Do Not Harm law refers to the unavoidable harms that an owner must anticipate and be prepared to prevent because they are known consequences of providing a reasonable and prudent standard of care." Id. "The Do Not Harm law prohibits an owner’s irrational, selfish, or negligent behavior that increases the likelihood of harm to their animals." Id. The state does not need to prove then, or show, that an owner had a specific intent or reason to harm an animal. Ind. Code § 35-46-3-1(g). Indiana does not require a showing of intentional harm in cases of animal neglect, and "the law does not contain an explicit requirement that an individual’s negligence or recklessness be the direct cause of an injury to an animal." R. Scott G. McKenzie, Animal Killing Defense Jurisprudence in South Carolina: Black Blackletter Law or We Own a Dog Law?, 62 S.C. L. Rev. 145, 148 (2010).
Consequences of Animal Neglect in Indiana
According to Indiana’s penal code, key penalties for animal neglect include both misdemeanor and felony charges. A Class A misdemeanor can come with up to one year in jail and up to $5,000 in fines. A Class D felony can have a punishment of one and one half years to three years in jail and up to $10,000 in fines. An infraction includes a penalty as an infraction and up to $500 fine. Class B misdemeanors can equal up to 180 days in jail and up to $1,000 in fines. A Class C misdemeanor might entail up to 60 days in jail and up to $500 in fines. Anyone accused of or convicted of animal neglect will be prohibited from having animals after his or her conviction.
Who to Contact in Indiana for Animal Neglect
The responsibility of reporting instances of animal neglect or abuse in Indiana generally falls to local law enforcement agencies and certain animal protection groups. Depending on the nature of the suspected neglect or abuse, individuals may also want to make a report to "Animal Control," which is a common name for a local animal rescue/search and seizure organization. The Indiana Board of Animal Health regulates animal rescue organizations throughout the state for certain activities, as evidenced by 345 IAC 1-3-1 et seq. Charity-specific laws are also in play and both the BOAH and county prosecutors’ offices were involved with prosecution of notorious hoarder Caroline Worsey in Sullivan County recently . For concerns about livestock, the Indiana State Board of Animal Health can be contacted at (317) 544-2400.
Anyone who sees or suspects animal neglect or abuse may call 311 and be connected to their local animal control agency. Alternately, individuals may visit Indiana’s statewide online resource for reporting animal cruelty at https://www.indianahumanesociety.org/report-animal-cruelty
Indiana’s animal cruelty lawmakers hoped to encourage reporting of animal cruelty, and in particular sexual abuse, when passing I.C. 35-46-3-6, which states that "a person who reports an animal sexual abuse violation to law enforcement is immune from civil liability or criminal prosecution for the violation under IC 35-46-3."
Notable Cases of Animal Neglect
Sadly, animal neglect cases aren’t uncommon in Indiana. Yet, there have been a few especially prominent cases that made an impact on the public’s perception of Indiana laws and regulations in regard to animal neglect. In 2015, one of the largest dog fighting busts in U.S. history took place in Indiana. Central Indiana authorities seized 356 dogs from an alleged puppy mill in New Salisbury and surrounding areas. It was widely reported that this bust uncovered "the largest dog fighting ring in the Midwest." Eleven people were arrested, and one person committed suicide during the extended standoff. More than 100 U.S.D.A. animal care investigators were called in to help with the case, and all animals that were taken in needed medical attention. Even those who had been properly cared for had feces on their coats and needed to be cut out of buildings where they were being housed. While the massive media coverage of this case brought increased awareness to animal neglect in Indiana, it also served as an example of what could happen if the state passed more progressive laws regarding animal care. Before this case, animal neglect was primarily a civil issue—authorities rarely got involved unless there were animals in immediate physical danger. In the aftermath, Indiana beefed up its animal cruelty laws, starting with the establishment of a 24/7 animal cruelty hotline for residents to contact either animal control officers or law enforcement for cases of cruelty. This case, along with other recent high-profile cases in Indiana, has caused the public to take notice. The number of calls to the hotline has doubled since its launch. This influx of calls is not expected to slow down any time soon, as citizens are concerned about the way neglected animals are treated, and the fact that anyone who calls is referred to both animal control and law enforcement, as opposed to previously when they only called animal control. Furthermore, as of 2017 animal cruelty investigations are routinely submitted to Indiana prosecutors. In 2017, Indiana House Bill 1417 was signed into law. This bill allows sheriff’s departments and humane societies to request a county prosecutor to investigate and prosecute animal cruelty cases. Even more important, humane societies can now also file civil lawsuits when their investigations uncover evidence of aggravated cruelty.
Help Prevent Animal Neglect
In Indiana, adopting preventive measures for the well-being of animals is not only a sound ethical and social commitment, but it also helps to reduce potential legal issues associated with animal ownership and care. Preventive measures may include regular veterinary check-ups, appropriate vaccinations, proper nutrition, and clean living conditions. For those operating businesses that involve animals – such as veterinary clinics, animal shelters, pet boarding facilities, and zoos – the prospective sale of animals or services may be properly licensed by local government agencies.
Moreover, animal welfare organizations and advocacy groups play an important role in educating the public about responsible pet ownership and animal welfare. Groups such as the Humane Society of Indianapolis, the Hoosier House Rabbit Society, the Animal Protective League of Elkhart County, and the ASPCA offer various programs and resources aimed at fostering positive relationships between humans and animals. These programs range from spaying and neutering services to education on responsible pet care and adoption. Furthermore , these organizations often strive to eliminate acts of cruelty towards animals by raising public awareness regarding animal abuse.
In recent years, there has been a growing trend among Indiana citizens to adopt stray and abandoned pets found in the state. In 2015 alone, more than 16,000 homeless pets found a loving home in Indiana through various rescue efforts led by dedicated organizations and individuals. These important efforts raise community awareness of animal neglect issues and prompt greater involvement in future endeavors to benefit both animals and the citizens of the state, while helping to prevent further possible animal neglect issues, in addition to keeping unwanted animals out of shelters.
The right to be free from animal neglect or cruelty is one that all animals deserve since all animals are worthy and valued members of our society. Having preventive measures and active advocacy efforts within a community are effective ways to protect animals from abuse and neglect.