[158] Ky. Rev. Stat. If youve been accused of animal crueltyor youre worried about possible chargesits a good idea to speak with a criminal defense lawyer as soon as possible. [44] Tracking Animal Cruelty, FBI (Feb. 1, 2016), https://www.fbi.gov/news/stories/-tracking-animal-cruelty. III.A.1 Illinois Statutes Provide Adequate Definitions/Standards of Care. Stat. 70/4.01(West 2018). 525.125 (West 2017). Published: Mar. 446.010s failure to identify reptiles as animals.[153], III.B.2 Kentucky Lacks Adequate Felony Provisions, Kentucky limits felony penalties to cruelty and neglect in very exclusive circumstances. [202] Telephone Interview with Katie Brophy, Former President, Animal Legal Defense Fund (Jan. 17, 2017). Animal Protection Laws Rankings, Animal Legal Defense Fund, http://aldf.org/wp-content/uploads/2015/12/Rankings-Report-2015.pdf. http://aldf.org/press-room/press-releases/best-worst-states-animal-protection-laws-2017-report-released/. According to a recent study conducted by the ALDF, Kentucky ranks last out of the 50 states for its animal protection laws, for the eleventh year in a row. [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. [24] Gary L. Francione, Introduction to Animal Rights: Your Child or the Dog? [147] 510 Ill. Comp. [125]Common complaints under this section may include violations for owners duties, animal hoarding, cruel treatment, aggravated cruelty, animal torture, confinement in motor vehicle, and depiction of animal cruelty. Many animal welfare advocates agree that Kentuckys animal shelter situation is a starting point for addressing the states inadequate animal protections. [231] Kentucky has no law that increases penalties when abuse is committed in the presence of a minor or involves multiple animals. 446.010 (LexisNexis 2017). [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. [147] Because Kentucky law lacks basic care definitions, many counties have trouble prosecuting things as simple as the need to provide shelter for an animal. Click HERE to reserve golf carts! 525.125, cruelty to animals in the first degree is a Class D felony. (Ky. Rev. Kentuckys animal protection statutes are contained in Chapter 525 of the Kentucky Revised Statutes. There's No Getting Around It: Supporting Today's Kentucky Derby Means Supporting Animal Cruelty and Animal Killing May 7, 2022 Today is Kentucky Derby Day, a day in which the The Big Lie is at its most obscene. Stat. [15] 2017 U.S. [68] In fact, she was loved by the community, and was known not to have a mean bone in her body. [43] The FBI now officially recognizes a link between animal abuse and violent crime and has begun collecting data on animal abuse. 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. Ann. Reasons Animals Are Unprotected In Kentucky, In order to begin the process of implementing change and enhancing the protections provided to Kentuckys animals, one must first ascertain the reasons for the states inadequate laws. Finally, in Section five, this Note pleads for change in Kentuckys laws to improve overall animal welfare by strengthening current laws. [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. 534.040 (LexisNexis 2017). (5) If a person is convicted of or pleads guilty to an offense under subsection (1) of . Stat. 525.135 (West 2017). [191] Legislative Branch of Government, Legislative Research Commission, http://www.lrc.ky.gov/legproc/lbranch.htm (last visited Feb. 19, 2018). Though the country as a whole could benefit from enhanced animal protection laws, the state of Kentucky arguably needs the most work in fostering animal welfare. Thus, the officers knew that the yelping had persisted for several days, but did not know when, or if defendant might return to his apartment to tend to the distressed animal. Stat. at 4, 12, 19 (explaining that Kentucky has court ordered forfeiture laws for only equine). It compares and contrasts Kentuckys animal protection statutes with those of Illinois (the state with the highest ranking in the ALDFs study for the past decade). For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page. [28]Gary Francione, a distinguished animal theorist, states that [b]ecause animals are merely property, we are generally permitted to ignore their interests and to inflict the most horrendous pain and suffering or death on them when it is economically beneficial to us.[29] For example, in Kentucky, it is legal and considered humane to terminate a dogs life by gunshot to the head. Kentucky still ranked 47th for animal protection laws. Ann. One strength of Illinois animal protection laws is the definitions and standards of care implemented in the Act. 525.125 (West 2017). 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. Ann. 436.605, only animal control officers and agents of humane societies maintain the powers of peace officers, except for the power of arrest, for the purpose of enforcing the provisions of the Kentucky Revised States relating to cruelty, mistreatment, or torture of animals, provided they possess the qualifications required under KRS 61.300.[175] This statute provides that when an animal control officer or agent believes an act of cruelty, mistreatment, or torture of animals is being committed, after the officer makes an oath of such belief, the judge shall issue a search warrant to search the premises. [223]In the rare circumstance an offender is convicted, Kentucky courts are not required to seize the animal from the abuser. 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. [114] 510 Ill. Comp. [93] Best and Worst States for Animal Protection Laws, 2017 Report Released, Animal Legal Defense Fund, (Jan. 18, 2018). [208]In improving Kentuckys stance on animal welfare, amending the legislative process and procedures and contributing more energy to animal law is a crucial step in the progression. Animal control came and talked to the . [40] Animal Abuse and Human Abuse: Partners in Crime, PETA, https://www.peta.org/issues/companion-animal-issues/companion-animals-factsheets/animal-abuse-human-abuse-partners-crime/. [54] He tortured his own dog to death. [207] The number of women on the Kentucky legislature has been consistently declining since 2012. [217]The states animal overpopulation problem could easily be addressed with proper funding. (referencing conversation with Jai Hamilton). 525.135, which defines torture as the intentional infliction of or subjection to extreme physical pain or injury, motivated by an intent to increase or prolong the pain of the animal.[9] Kentucky prosecutors have highlighted the weakness of the statute because a conviction of torture should be attainable whenever an animal is subjected to extreme physical pain, injury, and suffering regardless of whether it was motivated by an intent to increase or prolong the pain of the animal. HORSE CAVE, Ky. - Harley White is one of Kentucky Down Under's senior zookeepers. 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. Animal (per KRS 321.181) means any animal EXCEPT human beings. Stat. 70/3.03 (West 2018). Below, weve summarized the most important laws that pet owners and animal lovers should know about. Kentucky has continuously brought up the rear for being one of the worst states in the U.S. for animal welfare laws. 5/12-35 makes sexual conduct or sexual contact with an animal guilty of a Class 4 felony. [116]Though a first offense for cruel treatment under Section 3.01 of the Act is a misdemeanor, courts take first offender violations seriously. [12] See Interview with Kathryn Callahan, supra note 10..; See Worst case of animal abuse ends in probation, Cincinnati.com (Jan. 29, 2015), https://www.cincinnati.com/story/news/2015/01/28/pendleton-county-animal-cruelty/22483809/. Stat. Stat. Stat. If your requested day is not available we will contact you with alternative dates - reservations are NOT confirmed until your form is returned. [96] Further, Illinois anti-animal cruelty laws provide protection for all animals, not just companion animals, such as cats and dogs. Cat (per KRS 258.095) means any domestic feline three (3) months of age or older. xxiv (2000). [239]Kentuckys current statutory stance on animal protection is unacceptable. 525.135 (West 2017). [7] Source: Owner Charged in Shooting of Collie in Daviess Co., KY, 14 WFIE news (last visited Mar. 'Absolutely superb! Under that Section, an animal control officer, law enforcement officer, or investigator who has probable cause to believe that any animal has been unlawfully confined in a motor vehicle has the authority to enter the vehicle by any reasonable means under the circumstances after making a reasonable effort to locate the owner or other person responsible.[140] Section 7.1 therefore is important because it allows officers to rescue animals who are trapped within automobiles. Stat. One of the most children friendly places we'd ever been. 5:11-CR-00054-R, 2012 WL 3109494, at *1 (W.D. State law currently prohibits vets from reporting the . [109] ALDF Rankings, Supra note 15, at 11. [19] In 2011, 51% of those polled said that they purchase holiday gifts for their pet, a relatively stable number. [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. [10] Matthew Beauchamp was responsible for the inhumane and unimaginable death of Lad and walked away with no jail time. [55] According to a 2014 study, 43-50% of school shooters started out by torturing animals. For animal bite reports, stray animal pickup and barking dog complaints in any other County in Kentucky, please contact your local Police or Sheriff's Department at their non-emergency number so they can reach your local animal shelter for assistance. For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. Under Section 3.0 of the Act, a person convicted of aggravated cruelty is guilty of a Class 4 felony. Lawmakers in Kentucky are considering at least three animal-related bills during the 2021 legislative session. A first offense is often a Class A misdemeanor. [121] 510 Ill. Comp. [155] See Ky. Rev. Exclusions under this section include, among others, the killing of animals when hunting . In Kentucky, psychological counseling is only required for people convicted of sexually assaulting an animal. 2002). [230]The top ranked states statutes in ALDFs study provide for adequate definitions and standards of care, higher penalties for repeat abusers, forfeiture of abused animals, mandatory reporting of suspected cruelty, and many more provisions that Kentucky lacks. Kentuckys statutes contain inadequate definitions and standards of basic care. As previously mentioned, there is a distinct correlation between those who abuse animals and those who pose a threat to other humans. Ann. Ann. Illinois, in contrast, has earned the highest ranking in ALDFs report for ten consecutive years. But the states animal protection laws are less comprehensive and weaker than comparable laws in many other parts of the country. However, subsequent offenders could end up being charged with a felony. [69] When Susan Malcomb watched the video online, she was disturbed by the joy she saw in the kids faces as they continued to brutally kick Opal. Ann. House Bill 103 would make it a Class D felony to torture a domestic dog or cat. [30] Ammon v. Welty, 113 S.W.3d 185, 186 (Ky. Ct. App. Stat. advice, does not constitute a lawyer referral service, and no attorney-client or [163] United States v. Chamness, No. 70/7.1 (West 2017). 446.010(2) (West 2017). [208] See Women in State Legislatures for 2014, National Conference of State Legislatures (Apr. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. Ann. [11]Unfortunately, this is a common occurrence in Kentucky. [73] Best and Worst States for Animal Protection Laws, 2017 Report Released, Animal Legal Defense Fund (Jan. 18, 2018), http://aldf.org/press-room/press-releases/best-worst-states-animal-protection-laws-2017-report-released/. [58] As Dr. Harold Hovel notes in his article about animal abuse and human violence, [d]omestic violence is the breeding ground for future violent and non-violent crimes.[59] Astonishingly, the connection between child abuse and animal abuse is 70-80%. ; Ky. Rev. [98] Section three goes on further to define the proper tethering of a dog outdoors. [12] Like Beauchamp, Browning walked away with no jail time. Details for individual reviews received before 2009 are not displayed. Astonishingly, Chapter 525 is titled: Riot, Disorderly Conduct, and Related Offenses.[141] Chapter 525 includes offenses such as loitering, public intoxication, and unlawful assembly [142] The chapter associates the highest form of animal cruelty with riot, disorderly conduct, and related offenses as if animal cruelty in its highest form is simply disorderly conduct. Ann. More diversity should be encouraged in the legislature and women should be not only supported, but encouraged to take an active role in the political process. 321.185 (West 2017) (this is in place to protect client confidentiality). Stat. 1, 2023 at 11:08 AM PST | Updated: seconds ago. Perfect for all ages, Kentucky Down Under is an unforgettable experience that will expose you to a variety of animals in their natural habitats. Although the role gender plays in enacting legislation would greatly benefit from further research, it is important to note its impact. Ann. Stat. 70/10:Upon receiving a complaint of a suspected violation of this Act, a Department investigator, any law enforcement official, or an approved humane investigator may, for the purpose of investigating the allegations of the complaint, enter during normal business hours upon any premises where the animal or animals described in the complaint are housed or kept, provided such entry shall not be made into any building which is a persons residence, except by search warrant or court order. Bill Austin was manager of Mammoth Onyx Cave (which was later renamed Kentucky Caverns), which his grandfather had purchased in the 1920s. [176] Pursuant to the statute, [i]f an animal control officer or an officer or agent of a society or association for the prevention of cruelty to animals finds that an act of cruelty, mistreatment, or torture of animals is being perpetrated, the officer or agent shall summon a peace officer to arrest the offender or offenders and bring them before the court for trial.[177]Moreover, many states place a statutory duty on veterinarians to report suspected cruelty. [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. 70/3.02 (West 2018). Section four seeks to ascertain the causes for the harsh treatment of animals in Kentucky. The national nonprofit assists in cases like the bust at a home in McCracken County, Kentucky in April. Stat. 525.130 (West 2017); Animal Cruelty Laws State by State, Stray Pet Advocacy (2003), http://www.straypetadvocacy.org/PDF/AnimalCrueltyLaws.pdf. [14] Id. Most forms of participation in dogfighting are a felony in Kentucky, from owning or training the animals to organizing a fight. Pursuant to Ky. Rev. 17, 2017), http://www.14news.com/story/25146393/indictment-in-shooting-of-collie-in-daviess-co-ky. [8] Lad, The Arrow Fund: Targeting Animal Cruelty (Aug. 25, 2014), http://thearrowfund.org/lad/. [175] Ky. Rev. [113] 510 Ill. Comp. [174], III.B.3 Kentuckys Humane Officers Lack Broad Enforcement Authority. [154] Ky. Rev. PLAN YOUR VISIT ATTRACTIONS & EXHIBITS ZOO MEMBERSHIP TICKETS RESERVE A GOLF CART HISTORY JOB BOARD CONTACT More 525.130 (West 2017). In order to be considered a crime, the mistreatment must be cruel or result in the animal's injury. Stat. City and country ordinances will also likely contain dog leash laws, nuisance (barking) laws, and zoning laws addressing how many dogs a person can own and have on their property. 70/3 (West 2018). 70/2.09 (West 2018). just her little legs.[67] Opal, who was nearly sixteen years at the time, did not offer a growl, bark, or even a sniff. Stat. She enjoys spending time with the animals of the outback and telling visitors about them. A number of Kentuckys legislators and humane officers have stated that Kentuckys legislative process and the inadequacy of local governments to dedicate resources to animal protection, among other things, significantly contribute to the states poor stance on animal protection laws.[183]. Ann. Stat. Cruelty to animals is illegal in Kentucky, as it is across the country. [120] Under Section 4, no person may sell, barter, or give away any rabbit, baby chick, duckling or other fowl which has been subject to artificial coloring. [115] In addition, the court is permitted to order the defendant not to reside in any household where animals are present, forfeit all animals, and undergo a psychological evaluation or counseling. [26] Thus, the property status of animals renders any balancing required under the humane treatment principle or animal welfare laws useless, because what is really being balanced are property owners interests against the interests of their animal property. Kentucky Down Under is an Australia-themed animal park located in Horse Cave, Kentucky, United States.. [66] One viewer watched, was appalled, and stated, I mean, she went up in the air and just come [sic] down and . 1, effective June 29, 2017. [130] She stated that the bottom of the cage was covered in urine and feces, there was no sign of food or water, the dog was very thin, had blood on its paws, and was shaking and continuously making whimpering and yelping sounds. 436.605 (West 2017). 525.125 fails to include an express requirement that shelter must be provided for an animal. [173] Kentucky should take note of these exceptional provisions, as Kentuckys felony provisions are only available for cruelty and fighting, both against only select animals. [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. [95] 510 Ill. Comp. 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. [76] These categories include: general prohibitions, penalties, exemptions, mental health evaluations and counseling, protective orders, cost mitigation and recovery, seizure/impoundment, forfeiture and post-conviction possession, non-animal agency reporting of suspected animal cruelty, veterinarian reporting of suspected animal cruelty, law enforcement policies, sexual assault, fighting, offender registration, and ag gag[77] legislation. The information provided on this site is not legal In Ammon v. Welty, the Ammons inhabited sixty-three acres of farmland, where they let their pet dog, Hair Bear, roam the property without restraint. [112] Finally, a person who uses an animal in entertainment in violation of certain subsections of 70/4.01 is guilty of a Class 4 felony for the first offense, with subsequent offenses being a Class 3 felony. Stat. [70] Although Franklin County Sheriff Pat Melton has announced that the juveniles in the video will be charged, he urged citizens who were outraged to use their passion and encourage Kentucky lawmakers to enact more effective animal cruelty laws.[71]. Lobbying groups in Kentucky have had a significant impact on animal protection legislation. [105] The Act contains felony provisions for cruelty, neglect, fighting, abandonment, and sexual assault. [105] ALDF Rankings, Supra note 15, at 11. Previously, vets could only report if client gave permission, court order. [16] Recent surveys demonstrate that 68 percent of United States households own a pet, equivalent to 84.6 million homes. 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