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Indiana Code Title 35. Criminal Law and Procedure § 35-46-3-11.5

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Sec. 11.5. (a) As used in this section, “service animal” means an animal that a person who is impaired by:

(1) blindness or any other visual impairment;

(2) deafness or any other aural impairment;

(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) commits a Class A misdemeanor.

(c) An 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 impairment 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 animal;  or

(2) reasonably believed the conduct was necessary to prevent injury to the accused person or another person.

Cite this article: - Indiana Code Title 35. Criminal Law and Procedure § 35-46-3-11.5 - last updated June 08, 2021 |

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