If you’ve recently been arrested or charged under Indiana Code IC 15-17-18-8, understanding the specifics of this statute is crucial. This law pertains to the running at large of livestock and poultry, classifying it as a Class B misdemeanor under certain conditions. This blog will explore the details of the statute, relevant court cases, and the potential defenses and consequences associated with such charges.
Indiana Code IC 15-17-18-8(a) states: “A person responsible for livestock or poultry who knowingly or intentionally permits the livestock or poultry to run at large commits a Class B misdemeanor.”
However, subsection (b) provides an exception: “This does not apply to a person who keeps livestock on property by means of a cattle guard or another device under IC 8-17-1-2.1.”
Livestock: Domestic animals, excluding aquatic animals, fish, dogs, cats, poultry, and other birds except ratites.
Run at Large: Livestock or poultry not confined to the owner's property, wandering freely.
In a notable case, a resident was convicted under IC 15-17-18-8 for permitting her horse to run at large.
The defendant owned several horses, including one that repeatedly escaped.
Despite numerous complaints and warnings from neighbors and animal control, her attempts to restrain the horse (using inadequate fencing and tying it to stationary objects) repeatedly failed.
1. Knowingly Permitting to Run at Large:
The defendant was aware of the horse’s history of escaping and the inadequacy of her fencing but continued to use insufficient restraint methods.
The court emphasized that "knowingly" means being aware of a high probability of the livestock running at large.
2. Inadequate Restraint Methods:
Despite receiving a formal notice from animal control, the defendant’s continued use of ineffective methods (e.g., tying the horse to a post) was deemed insufficient and reckless.
The court found that tying a horse known for escaping without proper containment demonstrated a high probability of it running at large.
The court upheld the conviction, highlighting the importance of taking proactive and effective measures to contain livestock.
Another significant case involved a collision between a truck and a cow on a highway.
A farmer left his cows in a pasture with adequate fencing and a closed gate while he was away.
Despite these precautions, one of the cows escaped and was struck by a truck on the highway.
1. Constructive Knowledge and Negligence:
The court examined whether the farmer had constructive knowledge that his cows could escape and enter the highway.
The farmer contended he had no constructive knowledge and that his fencing and gate were secure when he left.
2. Evidence of Negligence:
The court found no evidence that the farmer had actual or constructive knowledge that the cows would escape.
The instruction given to the jury regarding negligence per se was deemed erroneous, as the evidence did not support the claim that the farmer permitted the cows to run at large.
The court reversed the judgment against the farmer, emphasizing the need for evidence of actual or constructive knowledge for a conviction under IC 15-17-18-8.
If facing charges under IC 15-17-18-8, consider the following defenses:
Proof of Adequate Restraints: Demonstrating the use of effective fencing or containment methods can be a strong defense.
Unforeseen Circumstances: If the livestock escaped due to an unexpected event (e.g., severe weather damaging the fence), this might be a mitigating factor.
Compliance with Legal Requirements: Using approved devices like cattle guards could exempt you from charges under subsection (b).
Class B Misdemeanor: A conviction can result in penalties including fines and imprisonment.
Financial Liability: You may be held responsible for damages caused by your livestock while running at large.
Increased Scrutiny: Repeated offenses can lead to more severe legal actions and scrutiny from authorities.
At Gibson Law Office, our team of experienced attorneys, including Ashley Fleetwood, who grew up and lives in Spencer, Indiana, and Owen County, is well-versed in handling cases related to livestock running at large under IC 15-17-18-8. Ashley’s local knowledge and legal expertise make her a valuable resource for anyone facing these charges in South Central Indiana.
South Central Indiana includes extensive farmlands, such as:
Morgan County: Surrounding areas of Martinsville.
Jackson County: Areas around Brownstown.
Jennings County: Areas near Vernon.
By addressing these regions, we ensure our blog reaches those most likely to need legal assistance for livestock-related issues.
IC 15-17-18-8: Running at large of livestock or poultry is a Class B misdemeanor unless proper containment devices are used.
Key Cases: Demonstrate the importance of effective livestock containment and awareness of previous escape incidents.
Defenses: Include proving adequate restraints, unforeseen circumstances, and compliance with legal requirements.
Consequences: May include fines, imprisonment, and financial liability for damages.
Expert Legal Assistance: Ashley Fleetwood, a Spencer Indiana attorney with experience in these cases, can provide the necessary legal support.
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