Two men who face numerous counts of charges stemming from alleged dogfighting, if convicted, face Class D felonies.

A crime carrying a sentence of six months to three years in prison — the same punishment a convicted shoplifter faces.

Not enough, according to Sen. Jim Arnold, D-LaPorte, who has tried twice unsuccessfully to change that.

While an animal lover, Arnold said he’s not a zealot on the matter. But he feels everything related to dogfighting is deplorable and deserves a stiffer penalty to bring it to an end.

During the past two legislative sessions, Arnold has introduced a bill that would make crimes related to dogfighting a Class C felony, which carries a stiffer prison sentence of two to eight years. In Indiana, an inmate who behaves while incarcerated serves half of his sentence.

“I feel very strongly that our culture should take of care of animals. They are to be loved and nurtured and not for somebody’s inhumane so-called entertainment,” Arnold said. “There is no excuse for this. We need to enhance the penalties to eliminate this activity from our society.”

Despite solid support from the major animal advocacy groups in Indiana for the penalties to be increased, the bill hasn’t been heard by the Senate Committee on Corrections, Criminal and Civil Matters.

Arnold, who retired as the LaPorte County Sheriff in 2007 after serving 36 years in law enforcement, believes the reason the bill stalls is that many people feel because it deals with animals and not people, increasing the penalty wouldn’t be right.

“People think the penalty would then be too severe,” Arnold said. “I have people tell me then it would carry a stricter penalty than what one gets if he strikes his wife. And I say, ‘Let’s go back and enhance the penalty for a man striking his wife.’”

In addition to the inhumane treatment of animals that comes with dogfighting, Arnold said there are many intangible negatives.

Illegal gambling, prostitution and encouraging people to be violent often go hand-in-hand with dog fighting.

“We are supposed to be a civilized society,” Arnold said. “But if we have animals fighting for entertainment, just how civilized is our country? It doesn’t speak much for society.”

While it’s documented that many people who attend the dogfights take young children with them, Arnold worries what impact that will have on society for years to come.

“Teaching children that it’s OK to pit defenseless animals against each other is terrible,” Arnold said.

“And if you look at the criminal history of some of our most notorious and heinous criminals, they started with animals. They tortured animals, and then they moved on to people.”

Arnold isn’t 100 percent sure he will file the bill next legislative session. But if he does, he believes it deserves a hearing and to pass.


Proposed bill

ENHANCED PENALTIES FOR CRIMINAL ACTIVITY
The bill increases the penalties from Class D felonies to Class C felonies for a person to do the following:
(1) Breed, transfer, or possess an animal for the purpose of baiting the animal or using the animal in an animal fighting contest.
(2) Promote or stage a baiting or an animal fighting contest.
(3) Allow property to be used to conduct a baiting or an animal fighting contest.
(4) Use an animal in a baiting or an animal fighting contest.
Under current law, possession of animal fighting paraphernalia is a Class B misdemeanor and may be enhanced to a Class A misdemeanor if the person has a prior unrelated conviction. The bill makes possession of animal fighting paraphernalia:
(1) a Class A misdemeanor if the possession is for the purpose of baiting an animal or with the intent to commit certain animal fighting offenses; and
(2) a Class C felony if the possession is with the intent to commit certain animal fighting offenses and while also possessing a dog, cock, fowl, hog, or bird bearing an injury consistent with participation in or training for a baiting or an animal fighting contest.
The bill increases the penalties from Class A misdemeanor to Class C felonies for attending a baiting or an animal fighting contest.
In Indiana, the maximum punishments for convictions are as follows:
Class C felony is punishable by a prison term ranging from 2 to 8 years.
Class D felony is punishable by a prison term ranging between 6 months to 3 years.
Class B misdemeanor is punishable up to 180 days.
Class A misdemeanor is punishable up to one year.
OTHER PROVISIONS
Definition of Baiting: The bill defines “baiting” to mean:
(1) attacking an animal with violence;
(2) provoking an animal; or
(3) harassing an animal with another animal; for the purpose of training the animal for or causing the animal to engage in an animal fighting contest.
Neglect of a Dependent: It makes neglect of a dependent a Class C felony instead of a Class D felony if the offense involves a violation of the law concerning animal fighting contests.
Seizure: The bill authorizes the seizure of money and property that is used by a person to commit certain offenses relating to animal fighting contests.
Racketeering Activity: The bill also specifies that certain offenses relating to animal fighting contests are considered racketeering activity.
Court Orders: It requires a court to order a person who is convicted of certain offenses concerning animal fighting to refrain from:
(1) owning, harboring, or training an animal; or
(2) residing in a dwelling with another person who owns, harbors, or trains an animal; for ten years after the person is sentenced.
Source: Peg McLeish, deputy chief of staff & press secretary for Indiana Senate Democrats