Indiana Code

Ind. Code § 35-46-3-5 (2026)

Exceptions from chapter; electrocution

✓ current as of May 2026

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Sec. 5. (a) Except as provided in subsections (b) through (c), this chapter does not apply to the following:

(1) Fishing, hunting, trapping, or other conduct authorized under IC 14-22.

(2) Conduct authorized under IC 15-20-2.

(3) Generally accepted veterinary standards and practices.

(4) Conduct authorized by a local ordinance.

(5) Acceptable farm management practices.

(6) Conduct authorized by IC 15-17, and rules adopted under IC 15-17 for:

(A) state or federally inspected livestock slaughtering facilities;

(B) emergency events; or

(7) A research facility registered with the United States Department of Agriculture under the federal Animal Welfare Act (7 U.S.C. 2131 et seq.).

(8) Destruction of a vertebrate defined as a pest under IC 15-16-5-24.

(9) Destruction of or injury to a fish.

(10) Destruction of a vertebrate animal that is:

(A) endangering, harassing, or threatening livestock or a domestic animal; or

(B) destroying or damaging a person's property.

(11) Humane euthanasia of an animal by:

(A) a humane society;

(B) an animal control agency; or

(12) Destruction of an injured or ill animal by an individual to prevent the animal from prolonged suffering.

(13) Conduct not resulting in serious injury or illness to the animal that is incidental to exhibiting an animal for show, competition, or display, or that is incidental to transporting the animal for show, competition, or display.

(14) Parking an animal.

(15) Humane destruction of an animal that the person owns.

(b) Section 1 of this chapter applies to conduct described in subsection (a).

(1) uses generally accepted veterinary standards and practices for euthanasia, depopulation, or slaughter of animals;

(2) is engaged in an acceptable farm management practice; or

(3) is engaged in activities by a research facility registered with the United States Department of Agriculture under the Animal Welfare Act, or for the animal disease diagnostic laboratory established under IC 21-46-3-1 or a research facility licensed by the United States Department of Agriculture, a college, or a university.

As added by P.L.193-1987, SEC.8. Amended by P.L.2-1993, SEC.188; P.L.1-1995, SEC.76; P.L.137-1996, SEC.74; P.L.41-1998, SEC.1; P.L.2-2007, SEC.378; P.L.171-2007, SEC.6; P.L.2-2008, SEC.79; P.L.111-2009, SEC.11; P.L.141-2019, SEC.9; P.L.41-2021, SEC.9.

Notes of Decisions

Cited in 3 cases, 2003–2012 · leading case: Alice Lee v. State of Indiana, 973 N.E.2d 1207 (Ind. Ct. App. 2012).

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Alice Lee v. State of Indiana, 973 N.E.2d 1207 (Ind. Ct. App. 2012). · cites it 2× “" Ind.Code § 35-46-3-5(a)(13). 3 . We reserve for another day the question of whether a person who pays to watch an animal fight live on the internet can be said to be attending an animal fighting contest.”

Hall v. State, 791 N.E.2d 257 (Ind. Ct. App. 2003). · cites it 4× “, dissents with opinion. BAKER, Judge, dissenting. The first time I went rabbit hunting and the next to lastI was accompanied by an accomplished sportsman and family friend who was undoubtedly perturbed at how long I stalked my prey before discharging my shotgun in the…”

Unknown, 559 U.S. 460. “any hunting, fishing, trapping, or other activity allowed under the Wildlife Code, the Wildlife Habitat Management Areas Act, or the Fish and Aquatic Life Code” (footnotes omitted)) Indiana Ind. Code § 35-46-3-5 (a) (West 2004) (subject to certain exceptions not relevant here,…”

— Ind. Code § 35-46-3-5(a)(13) — 1 case

Alice Lee v. State of Indiana, 973 N.E.2d 1207 (Ind. Ct. App. 2012). “" Ind.Code § 35-46-3-5(a)(13). 3 . We reserve for another day the question of whether a person who pays to watch an animal fight live on the internet can be said to be attending an animal fighting contest.”

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