III.B.1 Kentucky Lacks Adequate Definitions/Standards of Care, Kentuckys statutes require clearer definitions and currently fail to address the most basic aspects of animal suffering. Ann. [207] The number of women on the Kentucky legislature has been consistently declining since 2012. Ann. [156] Ky. Rev. [21] Dr. Harold Hovel, The Connection Between Animal Abuse and Human Violence, New York State Humane Association (2015), http://www.nyshumane.org/wp-content/uploads/2016/02/Connection_Animal_And_Human_Abuse.pdf. Stat. Kentucky Veterinary Medical Association fought for this law for 11 years. [166] The defendant was found guilty of nine counts of cruelty to animals in the second degree. Although the role gender plays in enacting legislation would greatly benefit from further research, it is important to note its impact. [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. Ann. [80] ALDF Rankings, supra note 15, at 19. 6/25/18 I gave the dogs food and water and noticed a open wound from scratching on black dogs left front shoulder. [182] Thus, a veterinarian is essentially required to be complicit in acts of animal abuse or neglect unless an investigation is somehow initiated.Kentucky law contains no provisions requiring any non-animal-related agencies or professionals to report suspected animal cruelty, has insufficient humane agent provisions, and has no duty mandating peace officers to execute animal protection laws. Stat. [182] Ky. Rev. [151] They were underweight and emaciated, had no water or heat source, and had all suffered from upper respiratory infections and mouth rot. Stat. FRANKFORT, Ky. Changes to Kentucky's animal cruelty laws could be on the way under a new House bill. [42] Additionally, adults who abuse animals commonly abuse their spouses and their children, as well as elderly people for whom they are caring. Ann. [107] The prohibitions are not limited to select species but apply to every living creature, domestic or wild.[108] The Act also includes provisions for psychological counseling, and even mandates it on certain occasions. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. Stat. Stat. I called animal control. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. [171] Additionally, Illinois principal statutory protections apply to most animals, compared to Kentuckys felony provision confined to solely dog fighting. [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. [181] However, in Kentucky, veterinarians are prohibited from the voluntary reporting of suspected animal cruelty or fighting without a waiver from the client, court order, or subpoena. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. [155] See Ky. Rev. 1, 2014), http://www.ncsl.org/legislators-staff/legislators/womens-legislative-network/women-in-state-legislatures-for-2014.aspx; Women in State Legislatures: 2013 Legislative Session, National Conference of State Legislatures (Nov. 8, 2013),http://www.ncsl.org/legislators-staff/legislators/womens-legislative-network/women-in-state-legislatures-for-2013.aspx; Women in State Legislatures: 2012 Legislative Session, National Conference of State Legislatures (Sep. 17, 2012), http://www.ncsl.org/legislators-staff/legislators/womens-legislative-network/women-in-state-legislatures-2012.aspx. [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. Shifting Societys Perception of Animal Protection, Americans love their animals. [172] Illinois is not the only state with superior felony provisions. 17, 2017), http://www.fox19.com/story/25185880/breaking-dead-horses-found-in-pendleton-county. Cat (per KRS 258.095) means any domestic feline three (3) months of age or older. [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. [216]Additionally, without adequate funding, local shelters do not have the resources to conduct research, write proposed changes, and lobby legislation. [231] ALDF Rankings, supra note 15, at 11. 70/3.03 (West 2018). 70/3 provides that shelter must be adequate to protect the animal from weather conditions. [23] Animals are viewed as commodities that we own and have no value other than that which we, as property owners, assign to them. [61] Not surprisingly, some states have implemented statutes increasing penalties for abuse committed in front of a minor. [133] The defendant argued that Section 10 of the Act specifically prohibits entry into a resident without a warrant to investigate a complaint regarding animal cruelty. For example, in People v. Thornton, the defendant was convicted under Section 3.01 as a first offense and sentenced to ten days incarceration, two years probation, 200 hours of community service, and restitution totaling $3,572.83. [14] Id. Other titles contain numerous provisions . Cruelty to animals in the second degree is a Class A misdemeanor. [162]Furthermore, offenders of animal cruelty laws face minimal punishment in Kentucky. [42] Belinda Abraham, When Kids Kill, LinkedIn (Sept. 26, 2017), https://www.linkedin.com/pulse/when-kids-kill-belinda-abraham/. (502) 947-3573. dummy. Stat. In Kentucky, the majority of the basic animal cruelty and animal fighting laws are contained within Title 525 of the Kentucky Revised Statutes. [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. [111] Under Section 3.03, a person convicted of animal torture is guilty of a Class 3 felony. The attorney 525.125 (West 2017). [105] The Act contains felony provisions for cruelty, neglect, fighting, abandonment, and sexual assault. Recognizing animals as more than mere property and providing more protections to animals would not only benefit animals, but would promote a more caring, less violent society. [161] Torture of a dog or cat is a Class A misdemeanor for first offenders and a Class D felony for each subsequence offense if the dog or cat suffers physical injury as a result of the torture, and a Class D felony if the dog or cat suffers serious physical injury or death as a result of the torture. (Ky. Rev. [97] 510 Ill. Comp. Stat. Cruelty to animals is illegal in Kentucky, as it is across the country. [102] 510 Ill. Comp. For example, in 2016 only 15.9% of Kentuckys legislature consisted of women. An animal is defined as every living creature, domestic or wild, but does not include man.[97]TheAct goes on to define owners duties in 510 Ill. Comp. 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. Stat. [126] Any law enforcement officer making an arrest under Sections 3.013.03 may lawfully take possession of some or all of the companion animals in the possession of the offender. [117] People v. Thornton, 676 N.E.2d 1024, 1026 (1997). [86] See id. [51] Michael Carneal, 14, killed three girls at a prayer meeting and shot five others. Stat. In November 2016, Lexington-Fayette Animal Care & Control (LFACC) worked on a case in which the owners of six snakes moved out and abandoned their pets inside the home. aldf.org/article/new-kentucky-law-allows-veterinarians-to-report-animal-cruelty/, Mozilla/5.0 (iPhone; CPU iPhone OS 14_8_1 like Mac OS X) AppleWebKit/605.1.15 (KHTML, like Gecko) Version/14.1.2 Mobile/15E148 Safari/604.1. 525.135 (West 2017). Under Section 3.0 of the Act, a person convicted of aggravated cruelty is guilty of a Class 4 felony. [72] Ky. Rev. [20]We live in a society that appears to care deeply about animal welfare. In Kentucky, animal abandonment falls under an animal cruelty charge. Ann. [118] See, e.g., 510 Ill. Comp. [169] Astoundingly, Kentucky is one of nine states where having sex with animals is not a crime. [117]Under Illinois law, an offender who is found guilty of a misdemeanor on multiple occasions often faces enhanced punishment and may even be guilty of a felony for subsequent violations. Ann. Animal Protection Laws Rankings, Animal Legal Defense Fund, http://aldf.org/wp-content/uploads/2015/12/Rankings-Report-2015.pdf. Summary: Kentucky has amended its law prohibiting veterinarians from reporting suspected animal cruelty. Additionally, Illinois statutes are strong because they contain provisions enhancing the charges for repeat offenders, give courts the option, and sometimes require, psychological counseling for offenders. Kentucky Down Under Adventure Zoo | Mammoth Onyx Cave | Horse Cave COME AND PET A KANGAROO! 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). [110] 510 Ill. Comp. [174], III.B.3 Kentuckys Humane Officers Lack Broad Enforcement Authority. Animal cruelty is generally a misdemeanor. [62]As studies have repeatedly shown, children exposed to domestic violence resort to animal cruelty as an easy way of getting back at the world.[63] Animal cruelty is one of the first reactions they have to their abuse experience. [239]Kentuckys current statutory stance on animal protection is unacceptable. 436.605 (West 2017). Stat. House Bill 103 would make it a Class D felony to torture a domestic dog or cat. [127] 510 Ill. Comp. [156] However, this section is severely restricted and only applies whenever a dog is knowingly caused to fight for pleasure or profit or when any person who knowingly owns, possesses, keeps, trains, sells, or otherwise transfers a dog for the purpose of dog fighting.[157] In other words, this provision relates to only dogs and excludes all other animal fighting. [7] Source: Owner Charged in Shooting of Collie in Daviess Co., KY, 14 WFIE news (last visited Mar. 532.020 (LexisNexis 2017); Ky. Rev. Punishing animal offenders protects humans from violence. 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. Ann. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. [160] The maximum sentence for cruelty to animals in the second degree is a mere twelve months in jail, and fines do not exceed $500. 70/22.10 (West 2018). Covid-19 has caused the zoo to close, meaning there are no visitors to share the experience with. 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/. [184] An average of 5-9 years is generally required to move animal bills through legislation. [226] In contrast to Kentucky, Illinois animal cruelty statute allows courts to order a convicted person to forfeit the animal. [209] Cynthia L. Gaskill et al., 2016 Study of Current Conditions of Kentucky County Animal Shelters and Degree of Compliance with Kentucky Animal Shelter Laws 1 (2016). [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. [196] States that have no limit on the length of their legislative session, such as Ohio and Michigan, have an ample amount of time to realize priorities. [191] Legislative Branch of Government, Legislative Research Commission, http://www.lrc.ky.gov/legproc/lbranch.htm (last visited Feb. 19, 2018). [150] Malcomb, supra note 70. 70/3.04 (West 2018). [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. [17] Pet Industry Market Size & Ownership Statistics, American Pet Products Association, http://www.americanpetproducts.org/press_industrytrends.asp (last visited Jan. 20, 2017). I would like to thank my mom for instilling in me her love and appreciation for animals as well as Sable, Badger and Ruger for showing me the capacity animals have in showing love and appreciation for their rescuers. ; Ky. Rev. [129] The apartment manager informed the police that she had been inside the apartment, where she found a dog inside of a cage so small that the dog could not stand up. Stat. [28] Francione, supra note 22 at xxiv-xxv. (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. Stat. Advocates worked for years to change this law, which had good intentions regarding personal privacy but unintended consequences for animal victims of abuse. [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. Ann. Ann. Kentucky does not have any felony provisions for neglect or abandonment. [161] Ky. Rev. [223]In the rare circumstance an offender is convicted, Kentucky courts are not required to seize the animal from the abuser. [12] Like Beauchamp, Browning walked away with no jail time. [163] The carcasses of the dogs were found in various states of decomposition at the defendants residence. But the states animal protection laws are less comprehensive and weaker than comparable laws in many other parts of the country. History Education Open Year-Round Tour Mammoth Onyx Cave! Your IP address is listed in our blacklist and blocked from completing this request. [94] Animal Legal Defense Fund, Supra note 15. [36] A pet fits somewhere between a person and a piece of personal property. 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. 525.130 (West 2017); Ky. Rev. Stat. . 70/3.06 (West 2018). Supplemental Terms. 74,950 were here. [179] Dr. Marty Becker, Its against the law for a veterinarian to report animal abuse in Kentucky, (Nov. 20, 2014), https://www.drmartybecker.com/news/law-veterinarian-report-animal-abuse-kentucky/. By not taking animal welfare issues seriously, local governments are sending the message that animal protection laws are insignificant and unimportant. Ann. [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]. Animal control came and talked to the . [15]This Note begins by recognizing the incongruence between societys declarations and commitment for its animals versus its actual treatment of animals. 70/2.01(West 2018). 525.135 (West 2017). [179] Some states allow veterinarians to report suspected cruelty. [5] After a grueling four-month recovery battle, Lad passed away. Stat. [165] Because of Kentuckys limited felony provision, the defendant did not face a single felony charge for any of the cold-hearted, inhumane deaths. [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. [235] Court-ordered forfeiture provisions are limited to certain species. Even mandates it on certain occasions animal is defined as every living creature, or... 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