SB 222 introduced by Senator Arnold makes it a Class D felony to kill a domestic owner animal without the consent of the owner, raised to a Class C felony under certain circumstances, such as if the animal is killed on the property of its owner.
Seems like there should be an exception if the animal is threatening you or your property in some way. Lets say someone’s dog is loose (again) and is now in your sheep pen. That is a problem you should be able to deal with without becoming a felon.
I say this as a devoted dog owner, incidentally. People should not kill animals gratuitously, and they should face penalties if they do. But, at the same time, dog owners (and other owners of domestic animals) bear some responsibility for keeping their animals supervised and under control.
Update My attention was directed to IC 35-46-3-5 which provides an exemption for, among other things, destruction of an animal that is endangering, harassing, or threatening livestock or a domestic animal; or destroying or damaging a person’s property.
Update 2 My attention has also been directed to some background on the proposed legislation.
Two rural Westville men have been arrested for shooting the Satoski family’s beloved 5-year-old Belgian draft horse, Ben.
The horse was shot between the eyes Nov. 16 outside their home at 3810 S. County Road 650 West.
. . .
Cicero, citing the probable cause affidavit, said Waldo and Skomac didn’t know the Satoski family and that shooting the horse was a spur of the moment decision after attempting to illegally poach deer that night. He said the men have confessed to the crime.
. . .
Boyd said the two men are charged with criminal mischief because there is no animal cruelty code in Indiana that fits the case. He said that, unfortunately, Ben is treated like property.