HB 1165

           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.
HEA 1165 — Concur
                                   2
     (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
HEA 1165 — Concur
                                    3
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.
HEA 1165 — Concur
                                     4
     (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.
HEA 1165 — Concur
                                   5
     (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
HEA 1165 — Concur
                                    6
      (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
HEA 1165 — Concur
                                    7
         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
HEA 1165 — Concur
                                 8
   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.
HEA 1165 — Concur
                                 9
   (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;
HEA 1165 — Concur
                                  10
        (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
HEA 1165 — Concur
                                   11
      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;
HEA 1165 — Concur
                                   12
      (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
HEA 1165 — Concur
                                  13
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
HEA 1165 — Concur
                                   14
       (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 — Concur