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Indiana criminal charge

Abandonment or neglect of vertebrate animals; defense in Indiana

Current through 2026 Indiana legislative session

Abandonment or neglect of vertebrate animals; defense is a criminal offense under Indiana law, defined by Ind. Code § 35-46-3-7. 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 § 35-46-3-7.

What is the penalty for abandonment or neglect of vertebrate animals; defense in Indiana?

Penalties for Abandonment or neglect of vertebrate animals; defense
PenaltyRangeBasisAuthority
Jail / prisonup to 1 year (Abandonment or neglect of vertebrate animals - base offense — A person having custody of a vertebrate animal recklessly, knowingly, or intentionally abandons or neglects it.)discretionaryInd. Code § 35-50-3-2
Fineup to $5,000 (Abandonment or neglect of vertebrate animals - base offense — A person having custody of a vertebrate animal recklessly, knowingly, or intentionally abandons or neglects it.)discretionaryInd. Code § 35-50-3-2
Jail / prison6 months to 30 months (Abandonment or neglect - elevated by prior conviction, minor's presence, injury/death, or multiple animal neglect — The offense under subsection (a) is elevated when the person has a prior unrelated conviction under this chapter, commits the offense in the presence of a minor, the abandonment or neglect results in serious permanent disfigurement, unconsciousness, permanent or protracted loss or impairment of a bodily function, or death of the animal, or the person has ten or more vertebrate animals in custody resulting in failure to provide adequate food/water/shelter, overcrowding, or disregard of harmful living conditions for at least one 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)))presumptiveInd. Code § 35-50-2-7
Fineup to $10,000 (Abandonment or neglect - elevated by prior conviction, minor's presence, injury/death, or multiple animal neglect — The offense under subsection (a) is elevated when the person has a prior unrelated conviction under this chapter, commits the offense in the presence of a minor, the abandonment or neglect results in serious permanent disfigurement, unconsciousness, permanent or protracted loss or impairment of a bodily function, or death of the animal, or the person has ten or more vertebrate animals in custody resulting in failure to provide adequate food/water/shelter, overcrowding, or disregard of harmful living conditions for at least one animal.)discretionaryInd. Code § 35-50-2-7

Applies to current.

How is abandonment or neglect of vertebrate animals; defense classified in Indiana?

The classification depends on the circumstances:

Classification variants for Abandonment or neglect of vertebrate animals; defense
VariantClassificationWhen it appliesStatute
Abandonment or neglect of vertebrate animals - base offenseClass A MisdemeanorA person having custody of a vertebrate animal recklessly, knowingly, or intentionally abandons or neglects it.Ind. Code § 35-46-3-7(a)
Abandonment or neglect - elevated by prior conviction, minor's presence, injury/death, or multiple animal neglectLevel 6 FelonyThe offense under subsection (a) is elevated when the person has a prior unrelated conviction under this chapter, commits the offense in the presence of a minor, the abandonment or neglect results in serious permanent disfigurement, unconsciousness, permanent or protracted loss or impairment of a bodily function, or death of the animal, or the person has ten or more vertebrate animals in custody resulting in failure to provide adequate food/water/shelter, overcrowding, or disregard of harmful living conditions for at least one animal.Ind. Code § 35-46-3-7(b)

Common questions about abandonment or neglect of vertebrate animals; defense in Indiana

Is abandonment or neglect of vertebrate animals; defense a felony or a misdemeanor in Indiana?

It depends on the circumstances: abandonment or neglect of vertebrate animals; defense ranges from a Class A Misdemeanor to a Level 6 Felony in Indiana under Ind. Code § 35-46-3-7.

Abandonment or neglect of vertebrate animals - base offense: Class A Misdemeanor (Ind. Code § 35-46-3-7(a)) · Abandonment or neglect - elevated by prior conviction, minor's presence, injury/death, or multiple animal neglect: Level 6 Felony (Ind. Code § 35-46-3-7(b))

What are the penalties for abandonment or neglect of vertebrate animals; defense in Indiana?

Penalties for abandonment or neglect of vertebrate animals; defense 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 abandonment or neglect of vertebrate animals; defense?

Abandonment or neglect of vertebrate animals; defense is governed by Ind. Code § 35-46-3-7 (Abandonment or neglect of vertebrate animals; defense).

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.