Kentucky exempts hunting, fishing, trapping, and genuine research from its animal cruelty laws. 70/3.04 (West 2018) (a new version of this statute is effective June 1, 2018, however it does not change the provision allowing a court to order a convicted animal abuser to forfeit their animals). xxiv (2000). [113] 510 Ill. Comp. [93] Though the state still has room for improvement, Illinois animals are protected by a full range of statutory protections, including, but not limited to: numerous felony provisions, increased penalties for repeat abusers, and mandatory health (psychiatric) evaluations. House Bill 103 would make it a Class D felony to torture a domestic dog or cat. By not taking animal welfare issues seriously, local governments are sending the message that animal protection laws are insignificant and unimportant. Finally, in Section five, this Note pleads for change in Kentuckys laws to improve overall animal welfare by strengthening current laws. [180] Twenty-seven states provide immunity to veterinarians who report suspected animal abuse. Not surprisingly, for the eleventh year in a row, Kentucky has ranked last in the Animal Legal Defense Funds (ALDF) Animal Protection Laws Rankings. [97] 510 Ill. Comp. [124] Pursuant to 510 Ill. Comp. 5/12-35 (West 2018). Stat. Published: Mar. 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. [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. The Client Review Rating score is determined through the aggregation of validated responses. In addition to the animal cruelty laws listed above, Kentucky has specific laws that apply to the treatment of companion dogs and cats. Animal (per KRS 321.181) means any animal EXCEPT human beings. 525.125 (West 2017). For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. [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. Ann. It is also important that the law is inclusive of prohibitions to all animals, not just companion animals. [38] It is up to legislatures to prescribe regulations abridging the recognition of animals as mere property. [70] Telephone Interview with Susan Malcomb, President of Lexington Humane Society. [23] Penny Conly Ellison, Can Courts Consider the Interests of Animals? [128] 510 Ill. Comp. [231] Kentucky has no law that increases penalties when abuse is committed in the presence of a minor or involves multiple animals. Stat. State law currently prohibits vets from reporting the . [98] Section three goes on further to define the proper tethering of a dog outdoors. Lawyers from our extensive network are ready to answer your question. [207] The number of women on the Kentucky legislature has been consistently declining since 2012. T. L, Ch. Because states can change their laws at any time, its always a good idea to check the current statutes by using this search tool. [109] ALDF Rankings, Supra note 15, at 11. KFC announced Wednesday that the Double Down Sandwich will be back for four weeks only, starting on Monday. (5) If a person is convicted of or pleads guilty to an offense under subsection (1) of . . TICKETS | Kentucky Down Under *E-Tickets are valid for 365 days with no blackout dates. Certain groups, including hunting, farming, and dog breeding groups, lobby extensively against animal welfare legislation. [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]. [146] In contrast, while the Illinois statute does not contain a fixed definition for shelter, 510 Ill. Comp. 17, 2017), http://www.fox19.com/story/25185880/breaking-dead-horses-found-in-pendleton-county. . For example, law enforcement officials, states attorneys, and animal control officials all have the authority to investigate humane care allegations. Section two addresses the need to shift towards more humane standards and examines the reasons animals receive abysmal protections in the legal system. [225] Moreover, courts do not mandate mental health evaluations for animal abusers. 525.125 (West 2017). [152] LFACC was unable to bring charges against the previous owners of the snakes due to Ky. Rev. Ann. The acts specified in this section shall not constitute cruelty to animals under KRS 525.125 or 525.130. Stat. This was the case with Lad, a border collie from Daviess County, Kentucky. Distinguished: An excellent rating for a lawyer with some experience. In order to catch up to societys values, Kentucky must provide more adequate protections to animals. Section two also addresses the need to recognize animals as more than mere property and explores the correlation between animal cruelty and human violence. 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. Penalties are further limited to specific species of animals. 525.130 (West 2017); Animal Cruelty Laws State by State, Stray Pet Advocacy (2003), http://www.straypetadvocacy.org/PDF/AnimalCrueltyLaws.pdf. 70/3.05 (West 2018). All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. 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. [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). Stat. [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. As one scholar states, [c]ruelty is incompatible with a caring, moral society where empathy is a venerable quality.[21] Nonetheless, society has the potential to better animals lives by enacting and enforcing higher standards for them.[22]. A first offense is often a Class A misdemeanor. As Katie Brophy argues, male legislators by [and] large have little interest whatsoever in animal protection issues.[202]Anecdotal evidence suggests that men are a harder sell when it comes to promoting awareness of animal welfare issues.[203] Studies demonstrate that women are more sympathetic than men towards animal welfare and are less supportive of animal research. [52] He threw cats into bonfires. Ann. Ann. Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. [10] Interview with Kathryn Callahan, Kentucky State Director (Feb. 28, 2017). 5:11-CR-00054-R, 2012 WL 3109494, at *1 (W.D. 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. 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. Lets use our passion and harness all the energy weve mustered for this and use it to change laws and make it easier to investigate and prosecute.[74]In order to devise its annual report, the ALDF comprehensively surveys animal protection laws of the Unites States and territories. The state has ranked last on the list for the 10th year in a row. Stat. [94] Illinois Humane Care for Animals Act (the Act) is found in Chapter 510, Act 70 of I.L.C.S. 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. [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. A new law that went into effect Wednesday could help boost the ranking and protect . This rating signifies that a large number of the lawyers peers rank him or her at the highest level of professional excellence for their legal knowledge, communication skills and ethical standards. [179] Some states allow veterinarians to report suspected cruelty. [161] Ky. Rev. [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. Ann. [4] By the time he was found, approximately one week after he was intentionally mutilated, a massive infection had set in and most of his lower jaw had to be removed. [209] In one-third of Kentuckys animal shelters, it is debatable whether or not they are even in compliance with animal cruelty laws. [66] One viewer watched, was appalled, and stated, I mean, she went up in the air and just come [sic] down and . [236]There are no restrictions on future ownership or possession of animals following an offenders conviction. 70/3 and mandates each owner provide for his animals sufficient, good quality, wholesome food and water; adequate shelter and protection from the weather; veterinary care and humane care and treatment. 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. [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%. 70/3.03 (West 2018). [229] See 510 Ill. Comp. Ann. In order for the state to improve as a whole, it is imperative that local governments begin enhancing their regulations, otherwise change will not transpire.Kentucky has a long way to go in improving its ranking as the worst state for animal protection laws. [192] In odd-numbered years, session may not exceed thirty legislative days. Stat. The information provided on this site is not legal Stat. [104] 510 Ill. Comp. [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. [117] People v. Thornton, 676 N.E.2d 1024, 1026 (1997). [12] Like Beauchamp, Browning walked away with no jail time. [210]Many local governments are unwilling to spend money on appropriate shelters. Or cat legislators by [ and ] large have little interest whatsoever in animal protection laws insignificant... Are ready to answer your question shift towards more Humane standards and examines reasons. ] large have little interest whatsoever in animal protection laws of the Unites states and territories 5 If! Are unwilling to spend money on appropriate shelters Bill 103 would make it a Class a misdemeanor states,. 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