Indiana criminal charge
Torture or mutilation of a vertebrate animal; killing a domestic animal in Indiana
Torture or mutilation of a vertebrate animal; killing a domestic animal is a criminal offense under Indiana law, defined by Ind. Code § 35-46-3-12. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 35-46-3-12.
What is the penalty for torture or mutilation of a vertebrate animal; killing a domestic animal in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Cruelty to an animal (base offense) — A person knowingly or intentionally abuses a vertebrate animal, absent any of the aggravating circumstances listed in (b)(1)-(4).) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Cruelty to an animal (base offense) — A person knowingly or intentionally abuses a vertebrate animal, absent any of the aggravating circumstances listed in (b)(1)-(4).) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | 6 months to 30 months (Cruelty to an animal — aggravated circumstances — The abuse offense is elevated when the person has a prior unrelated conviction under this section, intended to threaten/intimidate/coerce/harass/terrorize a family or household member, was committed in a minor's immediate presence, or resulted in serious permanent disfigurement, unconsciousness, permanent/protracted loss or impairment of a bodily member or organ, or death of the animal.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Cruelty to an animal — aggravated circumstances — The abuse offense is elevated when the person has a prior unrelated conviction under this section, intended to threaten/intimidate/coerce/harass/terrorize a family or household member, was committed in a minor's immediate presence, or resulted in serious permanent disfigurement, unconsciousness, permanent/protracted loss or impairment of a bodily member or organ, or death of the animal.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 6 months to 30 months (Torturing or mutilating a vertebrate animal — A person knowingly or intentionally tortures or mutilates a vertebrate animal.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Torturing or mutilating a vertebrate animal — A person knowingly or intentionally tortures or mutilates a vertebrate animal.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 6 months to 30 months (Killing a domestic animal — A person knowingly or intentionally kills a domestic animal without the consent of the animal's owner.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Killing a domestic animal — A person knowingly or intentionally kills a domestic animal without the consent of the animal's owner.) | discretionary | Ind. Code § 35-50-2-7 |
Applies to current.
How is torture or mutilation of a vertebrate animal; killing a domestic animal classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Cruelty to an animal (base offense) | Class A Misdemeanor | A person knowingly or intentionally abuses a vertebrate animal, absent any of the aggravating circumstances listed in (b)(1)-(4). | Ind. Code § 35-46-3-12(b) |
| Cruelty to an animal — aggravated circumstances | Level 6 Felony | The abuse offense is elevated when the person has a prior unrelated conviction under this section, intended to threaten/intimidate/coerce/harass/terrorize a family or household member, was committed in a minor's immediate presence, or resulted in serious permanent disfigurement, unconsciousness, permanent/protracted loss or impairment of a bodily member or organ, or death of the animal. | Ind. Code § 35-46-3-12(b) |
| Torturing or mutilating a vertebrate animal | Level 6 Felony | A person knowingly or intentionally tortures or mutilates a vertebrate animal. | Ind. Code § 35-46-3-12(c) |
| Killing a domestic animal | Level 6 Felony | A person knowingly or intentionally kills a domestic animal without the consent of the animal's owner. | Ind. Code § 35-46-3-12(d) |
Common questions about torture or mutilation of a vertebrate animal; killing a domestic animal in Indiana
Is torture or mutilation of a vertebrate animal; killing a domestic animal a felony or a misdemeanor in Indiana?
It depends on the circumstances: torture or mutilation of a vertebrate animal; killing a domestic animal ranges from a Class A Misdemeanor to a Level 6 Felony in Indiana under Ind. Code § 35-46-3-12.
Cruelty to an animal (base offense): Class A Misdemeanor (Ind. Code § 35-46-3-12(b)) · Cruelty to an animal — aggravated circumstances: Level 6 Felony (Ind. Code § 35-46-3-12(b)) · Torturing or mutilating a vertebrate animal: Level 6 Felony (Ind. Code § 35-46-3-12(c)) · Killing a domestic animal: Level 6 Felony (Ind. Code § 35-46-3-12(d))
What are the penalties for torture or mutilation of a vertebrate animal; killing a domestic animal in Indiana?
Penalties for torture or mutilation of a vertebrate animal; killing a domestic animal in Indiana depend on how it is classified — from a Class A Misdemeanor up to a Level 6 Felony — with the ranges set by Ind. Code § 35-50-3-2 and Ind. Code § 35-50-2-7; the full table of ranges by variant is published on this page.
Which Indiana statute covers torture or mutilation of a vertebrate animal; killing a domestic animal?
Torture or mutilation of a vertebrate animal; killing a domestic animal is governed by Ind. Code § 35-46-3-12 (Torture or mutilation of a vertebrate animal; killing a domestic animal).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.