Kentucky outlaws various forms of intentional or wanton mistreatment of animals, including: abandonment or neglect mutilation or torture beating, and failure to provide adequate food, drink, space, or veterinary care. Ann. Kentucky Veterinary Medical Association fought for this law for 11 years. Copyright 2023 MH Sub I, LLC dba Internet Brands. Stat. [200] In other words, these groups are concerned about possible limitations on their activities. 1, effective June 29, 2017. [231] ALDF Rankings, supra note 15, at 11. Section three identifies Kentucky as having the weakest animal protection laws in the nation. The state puts local governments in charge of dog licensing requirements. Ann. [64] Fighting animal cruelty can save many lives, prevent human and animal suffering, help protect children and elders from domestic violence, and lead to far less human violence overall. [79] This is for a number of reasons, including: Kentuckys only felony provisions are for cruelty and fighting, both against only select animals[80]; Kentucky does not have any felony provisions for neglect or abandonment[81]; the states animal protection statutes contain inadequate definitions and standards of basic care[82]; there are no increased penalties when abuse is committed in the presence of a minor or involves multiple animals[83]; Kentucky does not require mental health evaluations or counseling for offenders[84]; there is no statutory authority to allow protective orders to include animals[85]; there is no cost mitigation or recovery provisions for impounded animals and there is no court ordered forfeiture provisions[86]; there are no restrictions on future ownership or possession of animals following a conviction[87]; there are no provisions for select non-animal-related agencies/professions to report suspected animal abuse[88]; veterinarians are prohibited from reporting suspected cruelty or fighting[89]; humane officers lack broad law enforcement authority[90]; there are no provisions for sexual assault;[91] and, there are inadequate animal fighting provisions.[92]. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. 525.130 (West 2017). [161] Ky. Rev. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. Because states can change their laws at any time, its always a good idea to check the current statutes by using this search tool. [95] 510 Ill. Comp. House Bill 103 would make it a Class D felony to torture a domestic dog or cat. Stat. McGill. [118] For example, a first offense under Section 3.01 is a misdemeanor, however a second or subsequent conviction of cruel treatment to an animal rises to a Class 4 felony. [233]There is no statutory authority to allow protective orders to include animals. [188] Furthermore, parts of Kentucky maintain the traditional view that animals are property to be utilized.[189] Some legislatures reflect these same views and may not view animals as important enough to protect beyond current laws written to protect property. [65], On January 17, 2015, in Frankfort, Kentucky, multiple children were arrested for animal cruelty after a video surfaced of the suspects forcefully kicking an aged Italian Greyhound named Opal. [66] Gil Corsey, Children Charged with Animal Cruelty After Viral Video Surfaces Showing Dog Kicked in Face, WDRB (Jan. 13, 2017, 6:45 PM), http://www.wdrb.com/story/34255262/children-charged-with-animal-cruelty-after-viral-video-surfaces-showing-dog-kicked-in-face. [199] According to some legislators, these groups fear a potential slippery slope if animal welfare laws are passed. In an interview with Susan Malcomb, President of the Lexington Humane Society, Malcomb stated that if the biggest adoption agency in central Kentucky, the Lexington Humane Society, cannot free up people to lobby legislation, no one else likely has the ability to participate in legislation either. A person is guilty of animal cruelty in the second degree if he or she intentionally or wantonly subjects an animal to mistreatment through abandonment; participates in causing it to fight for pleasure or profit; mutilates, beats, tortures an animal other than a dog or cat;[159] torments, fails to provide adequate food, drink, space, or health care; or kills any animal other than a domestic animal killed by poisoning. [71] See 2 Juveniles Arrested in Connection to Video Showing Dog Being Kicked, LEX18, (Jan. 13, 2017, 12:22 PM), http://www.lex18.com/story/34241472/owner-upset-after-teen-kicks-dog. [138] The court held that:In this case, the totality of the circumstances known to the officers at the time of their entry into defendant's apartment was sufficient for the officers to reasonably believe that an emergency was at hand which required their immediate assistance. Numerous studies have shown that successful spay/neuter programs result in fewer animals ending up in shelters leading to a significant reduction in the overall cost of sheltering unwanted or stray animals and improvement in overall public health and safety.[218]Furthermore, local governments do not provide adequate enforcement in promoting animal welfare. [206] Women in State Legislatures for 2016, National Conference of State Legislatures (Sep. 20, 2016), http://www.ncsl.org/legislators-staff/legislators/womens-legislative-network/women-in-state-legislatures-for-2016.aspx. [53] Finally, Luke Woodham, 16, killed his mother and three children and shot seven more. [23] Penny Conly Ellison, Can Courts Consider the Interests of Animals? Your access of/to and use [222], Recognition of the correlation between animal abuse and the resulting tendency for disregarding human suffering must be recognized in Kentucky. Kentucky - Legal Animal Abuse Or Weak Protection Laws? [5] After a grueling four-month recovery battle, Lad passed away. Harold and Jennifer Campbell each faces 51 counts of misdemeanor animal cruelty. Ann. Ann. Stat. 70/4 (West 2018). [224] Kristen Kennedy, Realty Check: Why Kentucky is in the Dog House for Animal Abuse, WKYT (Feb. 08, 2012), http://www.wkyt.com/home/headlines/Kentucky_worst_in_nation_at_fighting_animal_abuse_138760019.html. Section two also addresses the need to recognize animals as more than mere property and explores the correlation between animal cruelty and human violence. [60] Children that have been exposed to domestic violence at a young age are seven to nine times more likely to participate in animal cruelty, and are also more likely to abuse their own children in the future. The attorney [37] For decades, animal activists have tried to chip away at this property status as a means of attaining some kind of rights for animals. [230] 510 Ill. Comp. The content of the responses is entirely from reviewers. just her little legs.[67] Opal, who was nearly sixteen years at the time, did not offer a growl, bark, or even a sniff. KRS 525.125 Cruelty to animals in the first degree. II.B. (National Center for Biotechnology Information) Animal Hoarding It is likely that up to a quarter million animals - 250,000 per year - are victims of hoarders. [147] 510 Ill. Comp. This was the case with Lad, a border collie from Daviess County, Kentucky. [38] See generally, Deisner, supra note 22. 5/12-35 makes sexual conduct or sexual contact with an animal guilty of a Class 4 felony. Anyone who intentionally tortures a dog or cat without a legal reason will be charged with a felony if the animal was seriously injured or died. Torture of only a dog or cat is simply a misdemeanor and only rises to a Class D felony for subsequent offenses if the dog or cat suffers physical injury as a result of the torture or if the dog or cat suffers serious physical injury or death as a result of the torture.[158]Cruelty to any animal other than a dog or cat is just a misdemeanor in Kentucky. Ann. [156] Ky. Rev. Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. [201]Gender differences may also contribute to the lack of animal protection laws getting moved through legislation. In Kentucky, the Generally Assembly meets annually. . Imagine discovering a critically mangled, grossly underweight eight-month-old dog on the side of the road. [70] Telephone Interview with Susan Malcomb, President of Lexington Humane Society. Ann. staff@kentuckyspca.org. Under the law, animal cruelty in the first-degree (a class D felony) occurs when a person causes four-legged animals to fight for pleasure or profit. [153] Id. Ann. [11]Unfortunately, this is a common occurrence in Kentucky. 70/4.01(West 2018). The Legal Intelligencer (Dec. 19, 2016), http://www.thelegalintelligencer.com/home/id=1202775104873/Can-Courts-Consider-the-Interests-of-Animals?mcode=1202615324341&curindex=0&slreturn=20170011191238. 70/3 (West 2018). [191] In even-numbered years, sessions may not exceed sixty legislative days. Kentucky Down Under Adventure Zoo | Mammoth Onyx Cave | Horse Cave COME AND PET A KANGAROO! (Animal Legal Defense Fund) Most county attorneys utilize part-time positions on top of running their own private practice. Two members of the House Standing Committee on Judiciary passed and 15 voted in favor. [122] A person convicted under this Section is guilty of a Class B misdemeanor; however, [a] second or subsequent violation is a Class 4 felony, with every day that a violation continues constituting a separate offense.[123] The repeat offender provisions in the Illinois serve as a deterrent to future abuses.One of Illinois many strengths in its animal protection laws include its numerous options of felony provisions. [182] Ky. Rev. Attorneys that receive reviews from their peers, but not a sufficient number to establish a Martindale-Hubbell Peer Review Rating, will have those reviews display on our websites. [44] John Thompson, deputy executive director of the National Sheriffs Association states, that [i]f somebody is harming an animal, there is a good chance they also are hurting a human.[45] Thompson went on to say that [i]f we see patterns of animal abuse, the odds are that something else is going on.[46] Putting an end to animal cruelty has the potential to drastically reduce the percentage of violent crime.Anthropologist Margaret Mead once noted, [o]ne of the most dangerous things that can happen to a child is to kill or torture an animal and get away with it.[47] Take Andrew Golden for example. *No-Reservation Required *Golf Carts can be reserved 24 hours in advance. [186]Vicki Deisner, the Midwest Legislative Director for the ASPCA, believes that the poverty statistics in the state and the effort of Kentucky people to pursue better livelihoods, decent salaries and community services are the types of issues that animals are competing with. Oregon, Maine, California and Rhode Island, ALDFs top ranking states, all contain principal protections applying to most animals. August 22, 2018. Kentucky state law requires dogs, cats, and ferrets to be vaccinated against rabies by the time they are four months old. [12] Like Beauchamp, Browning walked away with no jail time. [205]Because women are arguably more progressive when it comes to animal welfare issues, the number of men in the Kentucky legislature may be concerning. [154] Any act of cruelty or abuse against an animal (with the exception of dog fighting and torture of a cat or dog resulting in serious physical injury or death), no matter how extreme, is a misdemeanor and cannot rise to the level of a felony until a subsequent offense is committed. Envision the dog with multiple gunshot wounds to the face, left in this condition to die an excruciatingly tortuous death over sixseven days. [20] Sue Manning, AP-Petside.com Poll: Many Pets Can Expect Holiday Gifts From Owners; Toys and Treats Lead List of Favorites, Associated Press (Nov. 8, 2011), http://ap-gfkpoll.com/featured/holiday-gifts-topline. [95] In identifying the weakness, loopholes and other shortfalls of the animal protection laws in Kentucky, one need look no further than their close neighbor Illinois to compare. [220]Studies show that self-regulation by counties concerning compliance with shelter laws is insufficient and that additional enforcement provisions are necessary to ensure compliance cross [sic] the state.[221] In order to address the statewide animal welfare issue, it is imperative that counties address animal welfare issues. Cat (per KRS 258.095) means any domestic feline three (3) months of age or older. In Kentucky, the majority of the basic animal cruelty and animal fighting laws are contained within Title 525 of the Kentucky Revised Statutes. As previously mentioned, there is a distinct correlation between those who abuse animals and those who pose a threat to other humans. Ann. In response to the Frankfort incident, Sheriff Milton proclaimed, I know we just ranked 50th in the nation with some of the worst animal cruelty laws. 70/3.04 (West 2018). The top tier states in ALDFs rankings, among others, have felony provisions for cruelty, neglect, fighting, sexual assault, and abandonment, while Kentucky law contains only a single animal abuse felony for dog fighting. 5/12-35 (West 2018). Stat. [139]Another capacity in which law enforcement is delegated broad authority to act on animal cruelty is found under Section 7.1 of the Act. Ann. [7] However, a few days before Beauchamps trial was to begin, the Commonwealths Attorney for Daviess County accepted a plea agreement. 1, 2023 at 11:08 AM PST | Updated: seconds ago. [162]Furthermore, offenders of animal cruelty laws face minimal punishment in Kentucky. 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