(a) A person commits the offense of aggravated cruelty to a dog, cat, or equine if he or she knowingly tortures any dog, cat, or equine.
(b) A person who pleads guilty or nolo contendere to or is found guilty of aggravated cruelty to a dog, cat, or equine:
(1) Shall be guilty of a Class D felony;
(2) May be ordered to perform up to four hundred (400) hours of community service; and
(3) Both:
(A) Ordered to receive a psychiatric or psychological evaluation; and
(B) If determined appropriate, ordered to receive psychiatric or psychological counseling or treatment for a length of time prescribed by the court.
(c) A person who pleads guilty or nolo contendere to or is found guilty of aggravated cruelty to a dog, cat, or equine for a subsequent offense occurring within five (5) years from a previous offense of aggravated cruelty to a dog, cat, or equine or of any other equivalent penal offense of another state or foreign jurisdiction is guilty of a Class C felony and shall be:
(1) Ordered to receive a psychiatric or psychological evaluation; and
(2) If determined appropriate, ordered to receive psychiatric or psychological counseling or treatment for a length of time prescribed by the court.
(d) The cost of any psychiatric or psychological evaluation, counseling, or treatment ordered under this section shall be paid by the person ordered to receive the psychiatric or psychological evaluation, counseling, or treatment.
(e) For purposes of this section, each alleged act of the offense of aggravated cruelty to a dog, cat, or equine committed against more than one (1) dog, cat, or equine may constitute a separate offense.
(f)
(1) For the sole purpose of calculating the number of previous offenses under subsection (b) of this section, all offenses of aggravated cruelty to a dog, cat, or equine that are committed against one (1) or more dogs, cats, or equines, as part of the same criminal episode are a single offense.
(2) As used in this section, “criminal episode” means an act that constitutes the offense of aggravated cruelty to a dog, cat, or equine, committed by a person against one (1) or more dogs, cats, or equines within a period of twenty-four (24) hours.