CHAPTER 1. LIABILITY FOR DOG BITES
IC 15-20
ARTICLE 20. ANIMAL CONTROL
IC 15-20-1
Chapter 1. Liability for Dog Bites
IC 15-20-1-1
Political subdivision powers
Sec. 1. This chapter does not limit the power of an agency of the
state or a political subdivision to adopt a rule or an ordinance that
does not conflict with this chapter.
As added by P.L.2-2008, SEC.11.
IC 15-20-1-2
"Owner"
Sec. 2. As used in this chapter, "owner" means the owner of a dog.
The term includes a person who possesses, keeps, or harbors a dog.
As added by P.L.2-2008, SEC.11.
IC 15-20-1-3
Dog bite liability
Sec. 3. (a) If a dog, without provocation, bites a person:
(1) who is acting peaceably; and
(2) who is in a location where the person may be required to be
in order to discharge a duty imposed upon the person by:
(A) the laws of Indiana;
(B) the laws of the United States; or
(C) the postal regulations of the United States;
the owner of the dog is liable for all damages suffered by the person
bitten.
(b) The owner of a dog described in subsection (a) is liable for
damages even if:
(1) the dog has not previously behaved in a vicious manner; or
(2) the owner has no knowledge of prior vicious behavior by the
dog.
As added by P.L.2-2008, SEC.11.
IC 15-20-1-4
Dog bite liability; criminal offense
Sec. 4. (a) Except as provided in subsection (b), the owner of a
dog commits a Class C misdemeanor if:
(1) the owner recklessly, knowingly, or intentionally fails to
take reasonable steps to restrain the dog;
(2) the dog enters property other than the property of the dog's
owner; and
(3) as the result of the owner's failure to restrain the dog, the
dog bites or attacks another person without provocation,
resulting in bodily injury to the other person.
(b) The offense under subsection (a) is:
(1) a Class B misdemeanor if the person has been convicted of
one (1) previous unrelated violation of this section;
(2) a Class A misdemeanor if:
(A) the person has been convicted of more than one (1)
previous unrelated violation of this section; or
(B) the violation results in serious bodily injury to a person;
(3) a Class D felony if the owner recklessly violates this section
and the violation results in the death of a person; and
(4) a Class C felony if the owner intentionally or knowingly
violates this section and the violation results in the death of a
person.
(c) This subsection does not apply to a nonaggressive dog that
goes beyond the owner's premises onto agricultural or forested land.
An owner of a dog commits a Class D infraction if the owner of the
dog allows the dog to stray beyond the owner's premises, unless the
dog is under the reasonable control of an individual or the dog is
engaged in lawful hunting and accompanied by the owner or a
custodian of the dog. However, the offense is a Class C infraction if
the owner has a prior unrelated judgment for a violation of this
subsection.
As added by P.L.2-2008, SEC.11.
IC 15-20-1-5
Wolf hybrid and coydog liability; criminal offenses
Sec. 5. (a) The following definitions apply throughout this
section:
(1) "Coydog" means:
(A) an animal that is the offspring of a coyote and another
animal; or
(B) an animal that is the offspring of:
(i) an animal that is the offspring of a coyote and another
animal; and
(ii) another animal.
(2) "Secure enclosure" means an outdoor pen that is:
(A) roofed or that has sides at least six (6) feet tall; and
(B) constructed in such a manner that the type of animal
contained within the pen cannot reasonably be expected to
escape.
(3) "Wolf hybrid" means:
(A) an animal that is the offspring of a wolf and another
animal; or
(B) an animal that is the offspring of:
(i) an animal that is the offspring of a wolf and another
animal; and
(ii) another animal.
(b) An owner of a wolf hybrid or coydog shall:
(1) keep the animal in a building or secure enclosure; or
(2) keep the animal:
(A) under the reasonable control of an individual; and
(B) on a leash not more than eight (8) feet in length.
Subject to subsections (c) and (d), an owner who does not comply
with this subsection commits a Class B infraction. An owner who
merely tethers or chains a coydog or wolf hybrid does not comply
with this subsection.
(c) Subject to subsection (d), an owner of a wolf hybrid or coydog
commits a Class B misdemeanor if the owner recklessly, knowingly,
or intentionally fails to comply with subsection (b) and:
(1) the wolf hybrid or coydog enters property other than the
property of the owner; and
(2) the wolf hybrid or coydog causes damage to livestock or the
personal property of another individual.
(d) The offense under subsection (c) is:
(1) a Class A misdemeanor if the owner has one (1) prior
unrelated conviction under this section;
(2) a Class D felony if:
(A) the owner has more than one (1) prior unrelated
conviction for a violation under this section; or
(B) the owner knowingly, intentionally, or recklessly fails to
comply with subsection (b) and the failure to comply results
in serious bodily injury to a person; and
(3) a Class C felony if the owner knowingly, intentionally, or
recklessly fails to comply with subsection (b) and the failure to
comply results in the death of a person.
(e) Notwithstanding IC 36-1-3-8(a), a unit (as defined in
IC 36-1-2-23) may adopt an ordinance:
(1) prohibiting a person from possessing a wolf hybrid or
coydog; or
(2) imposing:
(A) a penalty of more than one thousand dollars ($1,000) up
to the limits prescribed in IC 36-1-3-8(a)(10)(B) for a
violation of subsection (b); or
(B) conditions on the possession of a wolf hybrid or coydog
that are more stringent than the provisions of subsection (b).
As added by P.L.2-2008, SEC.11.
IC 15-20-1-6
Dog bite liability: exceptions
Sec. 6. An owner of a dog is exempt under section 4 of this
chapter if the dog commits an act described in section 4 of this
chapter during the period that the dog is owned by:
(1) the United States;
(2) an agency of the United States; or
(3) a governmental entity (as defined in IC 34-6-2-49);
and the dog is engaged in assisting the owner or the owner's agent in
the performance of law enforcement or military duties.
As added by P.L.2-2008, SEC.11.
IC 15-20-1-7
Impoundment of animals; probable cause
Sec. 7. If a law enforcement officer or any other person having
authority to impound animals has probable cause to believe that there
has been a violation of section 4 of this chapter, IC 35-46-3-6
applies.
As added by P.L.2-2008, SEC.11.