As temperatures rise in the summer months, there’s a greater risk to pets left inside hot cars. So what can you do if you come across a distressed animal trapped in a vehicle? As any experienced Indiana criminal lawyer can tell you, there are specific scenarios where the law allows a concerned onlooker to intervene to save animals from potentially deadly heat.
Legal Protections for Rescuers
The law in Indiana empowers individuals to break into a car to rescue a dog or cat if certain criteria are met. This legislation underscores the State’s commitment to animal welfare and offers peace of mind to pet lovers.
But when does it apply? To understand what the law covers, we need to take a closer look at the statutory language.
The Letter of the Law
A person who forcibly enters a motor vehicle to remove a domestic animal from the motor vehicle:
- is liable to the owner or lessee of the motor vehicle for one-half of the cost of repairing the damage to the motor vehicle directly caused by the person’s forcible entry, unless the owner or lessee of the motor vehicle waives the person’s liability under this subdivision; and
- is immune from any other criminal or civil liability for other property damage resulting from the person’s forcible entry of the motor vehicle;
if a certain set of conditions are satisfied.
Before we get to the conditions, let’s examine some of the crucial terms from the statute.
Domestic animal: The law applies to domestic animals. For these purposes, Indiana has defined domestic animal as a dog, cat, or other vertebrate animal that is domesticated and either kept as a household pet or intended to be kept as a household pet.
This definition specifically excludes livestock, such as:
- cattle
- swine
- sheep
- horses
- goats
- birds
- camels
- bison
- rabbits
Motor Vehicle: In this context, motor vehicle means an automobile, truck, or other conveyance that:
- is designed to transport people or objects on roads and highways; and
- contains an enclosed space into which a domestic animal may be put.
Conditions That Justify Rescue
If you’re trying to rescue an overheated domestic animal from a motor vehicle, there are some legal considerations you need to keep in mind. In order for you—the rescuer—to receive the protections offered by this statute, each of the following conditions must be satisfied.
A domestic animal must be present in the enclosed space of the motor vehicle, and the person must reasonably believe that the domestic animal is in imminent danger of suffering serious bodily harm if the domestic animal remains in the motor vehicle.
- Unfortunately, there isn’t a lot of case law on reasonable belief in animal rescue, but we can draw a comparison with Indiana’s self-defense law. With self-defense, we can see that courts treat reasonable belief as having both an objective and a subjective element.
- That is, the subjective element involves showing that you—the rescuer—actually believed that the animal was in danger if you didn’t act. To prove the objective element, you need to demonstrate that any reasonable person walking past the car would’ve thought the same thing.
The person must determine that the motor vehicle is locked and forcible entry of the motor vehicle is necessary to remove the domestic animal from the motor vehicle.
- You need to confirm that the vehicle is locked before attempting to break in. This means checking all the door handles before reaching for the nearest brick.
The person must call telephone number 911 or otherwise attempt to contact a law enforcement officer, a firefighter, an animal control officer, or another emergency responder before the person forcibly enters the motor vehicle.
- You’re obligated to try and contact professionals before taking matters into your own hands. If the problem can be solved with a phone call, this is much less hassle for you in the long run.
The person must use no more force that is reasonably necessary to enter the motor vehicle and remove the domestic animal from the motor vehicle.
- In other words, if breaking a single window is enough for you to gain entry (and it is), don’t go smashing all of the windows and expect to get away with it.
The person must remain with the domestic animal until a law enforcement officer, firefighter, animal control officer, or other emergency responder arrives at the scene.
- Don’t set the animal loose in the wild, and don’t take the animal home with you.
Other Considerations
Keep in mind that even if you do everything right, you’re still on the hook for half the repair costs to the vehicle. While this might seem like a disincentive, it’s intended to reflect the State’s attempt to balance car theft prevention with encouraging the protection of animals. Remember that it’s possible for the owner or lessee of the motor vehicle to waive your liability for the damage.
It’s also possible that the animal you mean to rescue will not recognize your intentions. If the animal hurts you while you’re attempting to save it, the animal’s owner is immune from civil liability for your injuries.
Don’t Delay, Reach Out Today
If you or someone you know is breaking into hot cars and rescuing domestic animals, they should probably speak to an experienced Indiana criminal lawyer as soon as possible. Being justified in your actions doesn’t mean you don’t need legal guidance!
If you have questions about animal welfare or other criminal charges, give us a call at 317-632-3642 and remember—always plead the 5th!
