1. (a) A person who:

   1. (1) has a vertebrate animal in the person's custody; and

   2. (2) recklessly, knowingly, or intentionally abandons or neglects the animal;

      commits cruelty to an animal, a Class A misdemeanor.

2. (b) However, except for a conviction under section 1 of this chapter, an offense under subsection (a) is a Level 6 felony if the:

   1. (1) person has a prior unrelated conviction under this chapter;
   2. (2) person commits the offense in the presence of a minor; or

   3. (3) abandonment or neglect results in:

      1. (A) serious permanent disfigurement;
      2. (B) unconsciousness;
      3. (C) permanent or protracted loss or impairment of the function of a bodily member or organ; or

      4. (D) death;

         of the animal; or

   4. (4) person has ten (10) or more vertebrate animals in the person's custody which results in the person:

      1. (A) failing to provide adequate food, potable water, and adequate shelter to at least one (1) vertebrate animal;
      2. (B) keeping at least one (1) vertebrate animal in an overcrowded environment; or
      3. (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.
3. (c) For purposes of this section, an animal that is feral is not in a person's custody.

As added by P.L.193-1987, SEC.10. Amended by P.L.171-2007, SEC.8; P.L.111-2009, SEC.12; P.L.158-2013, SEC.558; P.L.80-2026, SEC.9.