Felony animal neglect arises when one with custody or ownership fails to provide adequate care or control of the animals. The offense is a Class D felony for the first offense, and a Class C felony thereafter. Upon conviction, a court may also restrict the defendant's ability to retain custody or ownership of animals for five years, or ten years if the defendant has a prior conviction. Additionally, the court may require the defendant to pay reasonable expenses for care of the neglected animals, disposal of any dead or diseased animals, environmental clean-up and minimization of other public health risks.

Felony animal abuse arises when a person intentionally kills more than five mammal animal units in a manner not authorized by law, intentionally causes injury or suffering to the mammals, or knowingly fails to provide adequate care or control of the mammals. The offense is a Class D felony for the first offense, and a Class C felony thereafter. However, if the intentional infliction of suffering was precipitated by torture or mutilation, the offense is a Class C felony even upon the first offense. Upon conviction, a court may also restrict the defendant's ability to retain custody or ownership of more than five mammals for five years, or ten years if the defendant has a prior conviction. Additionally, the court may require the defendant to pay reasonable expenses for care of the neglected mammals, disposal of any dead or diseased mammals, environmental clean-up and minimization of other public health risks.

DENISE GARNIER