[124] Animal Law Awareness for Law Enforcement and Other Governmental Agencies, https://agr.state.il.us/AnimalHW/LawEnforcementTraining.pdf. Stat. at 4, 12, 19 (explaining that Kentucky has court ordered forfeiture laws for only equine). 181, sec . [10] Matthew Beauchamp was responsible for the inhumane and unimaginable death of Lad and walked away with no jail time. [108] 510 Ill. Comp. [235] Court-ordered forfeiture provisions are limited to certain species. Harold and Jennifer Campbell each faces 51 counts of misdemeanor animal cruelty. Ann. Ann. 6/25/18 I gave the dogs food and water and noticed a open wound from scratching on black dogs left front shoulder. Section four seeks to ascertain the causes for the harsh treatment of animals in Kentucky. However, our societys actual treatment of animals often stands in stark contrast to its declarations about our regard for their ethical status. In the unlikely event the children are even convicted of animal cruelty, Kentuckys appropriate criminal charge, the maximum penalty they will face is one (1) year in jail and/or a fine not exceeding $500 as a Class A misdemeanor.[72]. The acts specified in this section shall not constitute cruelty to animals under KRS 525.125 or 525.130. Kentucky Down Under Adventure Zoo is a fun, informative and a hands-on adventure animal park with a beautifully decorated and living cave. 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. 5/12-35 makes sexual conduct or sexual contact with an animal guilty of a Class 4 felony. Ann. [43] Randall Lockwood, Making the Connection Between Animal Cruelty and Abuse and Neglect of Vulnerable Adults, The Latham Letter (2002), http://nationallinkcoalition.org/wp-content/uploads/2013/01/ElderAbuse-Lockwood-.pdf. [42] Additionally, adults who abuse animals commonly abuse their spouses and their children, as well as elderly people for whom they are caring. Stat. 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. [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]. [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. There are approximately 70 million pet dogs and 74.1 million pet cats in the U.S. where 20 men and women are assaulted per minute (an average of around 10 million a year). Bill Austin was manager of Mammoth Onyx Cave (which was later renamed Kentucky Caverns), which his grandfather had purchased in the 1920s. The states animal protection laws could be strengthened by increasing available felony provisions, providing adequate definitions of standards of care, allow veterinarians and other professions to report suspected animal abuse, mandating mental health evaluations for offenders, among many other statutory implementations.Kentuckys legislature must work to reverse the recognition of animals as mere property. [187] Animals have an increased opportunity of protection if animal bills are connected somehow with human issues, such as domestic violence. [198] Thirty or sixty days, in contrast, is simply not enough time to get things accomplished.Furthermore, animal welfare may be viewed as a progressive movement within the broader social sector. Animal Protection Laws Rankings, Animal Legal Defense Fund, http://aldf.org/wp-content/uploads/2015/12/Rankings-Report-2015.pdf. [95] 510 Ill. Comp. Ann. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. [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. [19] Poll: Americans Consider Pets Part of the Family, Associated Press (updated June 23, 2009 at 10:50 AM), http://www.nbcnews.com/id/31505216/ns/health-pet_health/t/poll-americans-consider-pets-part-family/#.WHjqwbHMyu5. Finally, in Section five, this Note pleads for change in Kentuckys laws to improve overall animal welfare by strengthening current laws. [152] LFACC was unable to bring charges against the previous owners of the snakes due to Ky. Rev. III.A.2 Illinois Contains Numerous Felony Provisions for Animal Cruelty. [94] Illinois Humane Care for Animals Act (the Act) is found in Chapter 510, Act 70 of I.L.C.S. [178] Fifteen states require veterinarians to report suspected abuse. Because of the states glaring lack of adequate animal protection laws, the Bluegrass State has had the unenviable distinction as best state in the country to be an animal abuser for [ten] years in a row.[240] As of now, Kentuckys laws make it difficult to seek justice. This doesn't mean zookeepers like White aren't still hard at work. [41] One study showed that 75% of prison inmates charged with violent crimes had an early record of animal cruelty. (Jan. 16, 2017). [49] Kip Kinkle, a 15-year-old, killed both his parents and shot 24 children at his school, killing two. Stat. [5] After a grueling four-month recovery battle, Lad passed away. Ann. As previously mentioned, Kentuckys deficiency in statutes and sentencing policies reflect its bottom-tier ranking in the ALDFs annual study. [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. 70/10 (West 2018). Kentuckys torture statute is similarly restrictive. This Section addresses the states legislative processes and procedures and explores how local governments may be sending the message that animal protection is unimportant in Kentucky. [38] See generally, Deisner, supra note 22. [80] ALDF Rankings, supra note 15, at 19. Below, weve summarized the most important laws that pet owners and animal lovers should know about. Ann. 525.135 (West 2017). Stat. [62] Child Witnesses to Domestic Violence, Child Welfare Information Gateway, 1-2, (2016), https://www.childwelfare.gov/pubPDFs/witnessdv.pdf. 17, 2017), http://www.fox19.com/story/25185880/breaking-dead-horses-found-in-pendleton-county. (Ky. Rev. [226] In contrast to Kentucky, Illinois animal cruelty statute allows courts to order a convicted person to forfeit the animal. 70/3.04 (West 2018). Supplemental Terms. As part of the review process, respondents must affirm that they have had an initial consultation, are currently a client or have been a client of the lawyer or law firm identified, although Martindale-Hubbell cannot confirm the lawyer/client relationship as it is often confidential. These are just a few examples of why Illinois ranks so highly with regard to its animal protection laws. [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. [23] Animals are viewed as commodities that we own and have no value other than that which we, as property owners, assign to them. 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. In that case, officers responded to complaints of a dog that had been barking continuously inside of an apartment for several days. [28] Francione, supra note 22 at xxiv-xxv. [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. [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. Police and animal control officers can seize and impound dogs found without a rabies tag and running at large. The Client Review Rating score is determined through the aggregation of validated responses. [42] Belinda Abraham, When Kids Kill, LinkedIn (Sept. 26, 2017), https://www.linkedin.com/pulse/when-kids-kill-belinda-abraham/. [17] In 2016, Americans spent an estimated $66.75 billion dollars on their pets. Lawyers from our extensive network are ready to answer your question. Stat. Hunting groups have opposed animal welfare bills for fear they could lead to a ban on hunting, while farmers have expressed concern they could run afoul of bestiality laws while artificially inseminating livestock. Ann. [166] The defendant was found guilty of nine counts of cruelty to animals in the second degree. [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. [212] Employees lack the basic training required to adequately care for the animals. [15] 2017 U.S. [141] Ky. Rev. Ann. 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. As previously mentioned, there is a distinct correlation between those who abuse animals and those who pose a threat to other humans. The national nonprofit assists in cases like the bust at a home in McCracken County, Kentucky in April. 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. 70/4.01(West 2018). [54] He tortured his own dog to death. [163] The carcasses of the dogs were found in various states of decomposition at the defendants residence. 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. Ann. dummy. In his time at Kentucky Down Under, McGill has endeared himself to the animals quickly, which he said comes as a bit of a shock because they had been abused before coming to the zoo. [72] Ky. Rev. Ky. July 31, 2012). 534.040 (LexisNexis 2017). [70] Telephone Interview with Susan Malcomb, President of Lexington Humane Society. [193] In response to House Bill 143, which was recently introduced to ban the sexual assault of a pet dog or cat, Daisy Olivo, spokesman for former House Speaker Jeff Hoover, said that although Hoover is against bestiality, he strongly believes that the short, 30-day legislative session should be reserved for serious, economy-related bills.[194]The length of Kentuckys session is short compared to other states. Stat. [94] Animal Legal Defense Fund, Supra note 15. [205] Claire Sterling, Is Animal Welfare Womens Work?, ASPCA (Nov. 11, 2015), http://www.aspcapro.org/blog/2015/11/10/animal-welfare-womens-work. [33] In its holding, the court stated, [t]he affection an owner has for, and receives from, a beloved dog is undeniable. [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. Do Not Sell or Share My Personal Information. [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/. Stat. [231] Kentucky has no law that increases penalties when abuse is committed in the presence of a minor or involves multiple animals. Ann. KFC announced Wednesday that the Double Down Sandwich will be back for four weeks only, starting on Monday. [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. [195] For example, Ohio and Michigan have no limits on their session length. Kentuckys statutes contain inadequate definitions and standards of basic care. [56]Children are naturally born with a love for animals, but factors in the home environment play a major role in creating violent individuals. 525.125, cruelty to animals in the first degree is a Class D felony. [184] Telephone Interview withVicki Deisner, Midwest Legislative Director, ASPCA (2017, Jan. 16). [204] Additionally, studies have shown that significantly more women than men contribute their work to animal welfare organizations and to work in animal law. Ann. [77] Ag-gag legislation is designed to silence whistleblowers from revealing animal abusers on industrial farms by criminalizing acts related to investigating daily activities on industrial farms, such as recording, possession or distribution of photos, video and/or audio at a farm. What Is Ag-Gag Legislation?, ASPCA, http://www.aspca.org/animal-cruelty/farm-animal-welfare/what-ag-gag-legislation (last visited Feb. 24, 2017). [211] A number of issues arise from the lack of funding by local governments.Without proper funding, shelters are unable to provide adequate staff to manage their operations. [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/. I called animal control. Ann. The 11-year-old ambushed and killed three kindergarten kids as well as two adults. 4, 2014), https://www.hurstandhurstlaw.com/pretrial-diversion-in-kentucky/. Stat. Your access of/to and use Stat. [52] He threw cats into bonfires. [182] Ky. Rev. [131]Based on this information, the officers immediately entered the defendants apartment to check on the well being of the dog.[132] The defendant argued that the officers unlawfully entered his apartment without a warrant. Stat. Also, local municipalities may have their own regulations on dogs and other pets. [140] 510 Ill. Comp. Lawyers who have received peer reviews after 2009 will display more detailed information, including practice areas, summary ratings, detailed numeric ratings and written feedback (if available). Kentucky must improve local county governments and their policies toward animal welfare. Providing clear definitions and standards of care supports the backbone of the animal protection laws in Illinois, however, the state takes the protections of animals even further. State law currently prohibits vets from reporting the . Ann. Kentucky does not have any felony provisions for neglect or abandonment. listings on the site are paid attorney advertisements. For example, in 2016 only 15.9% of Kentuckys legislature consisted of women. Ann. Kentucky Revised Statutes means Kentucky Law. (Animal Legal Defense Fund) Stat. Cat (per KRS 258.095) means any domestic feline three (3) months of age or older. 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. [109] ALDF Rankings, Supra note 15, at 11. Stat. ; Ky. Rev. Illinois statutes provide for broad enforcement and wide-ranging authority to protect its animals. The content of the responses is entirely from reviewers. [228] Other Illinois statutes provide that courts may order convicted persons to undergo psychological or psychiatrist evaluations. 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. [128]An example of an officers broad authority is found in Thornton. Stat. [105] The Act contains felony provisions for cruelty, neglect, fighting, abandonment, and sexual assault. [162]Furthermore, offenders of animal cruelty laws face minimal punishment in Kentucky. (Gray News) - Kentucky Fried Chicken is bringing back a fan favorite for the first time in nearly a decade. [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. Stat. Ann. 321.185 (West 2017) (this is in place to protect client confidentiality). [213] Employees are unable to attend training because the cost of travel to receive training is prohibitive. Stat. Stat. [66] One viewer watched, was appalled, and stated, I mean, she went up in the air and just come [sic] down and . Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. An attorney experienced in this area should be able to explain: Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. In doing so, the legislature should take animal issues more seriously. 258.015, 258.215, 258.990, 525.125, 525.130, 524.135 (2022).). Local county governments must address inadequate shelters and provide proper funding. [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. Summary: These Kentucky statutes represent the state's anti-cruelty and animal fighting provisions. 5:11-CR-00054-R, 2012 WL 3109494, at *1 (W.D. 12, 2014, 4:15 PM), http://www.nydailynews.com/news/national/collie-shot-face-kentucky-dies-months-jaw-removed-owner-charged-article-1.1827553. [99]Additionally, the Act goes on to define humane euthanasia[100], proper disposition of seized animals[101], cruel treatment[102], aggravated cruelty[103], animal torture[104], and many other aspects of animal cruelty. Kentucky Down Under is an Australia-themed animal park located in Horse Cave, Kentucky, United States.. [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/. [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. 446.010(2) (West 2017). 525.135 (West 2017) (emphasis added). (502) 947-3573. dummy. The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. [174], III.B.3 Kentuckys Humane Officers Lack Broad Enforcement Authority. 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. [38] It is up to legislatures to prescribe regulations abridging the recognition of animals as mere property. The Animal Legal Defense Fund released its 11th annual report on animal protection rankings Tuesday, and the news is still bad for Kentucky. Animal Control came and left a note on the door. Stat. The state puts local governments in charge of dog licensing requirements. [207] Women in State Legislatures for 2015, National Conference of State Legislatures (Sep. 4, 2015), http://www.ncsl.org/legislators-staff/legislators/womens-legislative-network/women-in-state-legislatures-for-2015.aspx. Ann. This was the case with Lad, a border collie from Daviess County, Kentucky. [16]2017 U.S. 1, effective June 29, 2017. Kentucky lacks felony provisions for animal cruelty, including neglect, sexual assault, and abandonment of an animal. [68] In fact, she was loved by the community, and was known not to have a mean bone in her body. Stat. [159] Torture of dogs and cats is covered by Ky. Rev. [105] ALDF Rankings, Supra note 15, at 11. Ann. Ann. [230] 510 Ill. Comp. [233]There is no statutory authority to allow protective orders to include animals. [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). House Bill 103 would make it a Class D felony to torture a domestic dog or cat. Ann. But its only a misdemeanor to watch a dog fight or to provoke other animals to fight for entertainment or profit. Envision the dog with multiple gunshot wounds to the face, left in this condition to die an excruciatingly tortuous death over sixseven days. 532.020 (LexisNexis 2017); Ky. Rev. [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. Stat. Dog (per KRS 258.095) means any domestic canine, six (6) months of age or older. Stat. [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. In Kentucky, the Generally Assembly meets annually. [201]Gender differences may also contribute to the lack of animal protection laws getting moved through legislation. [8]The prosecution did not believe they could secure a conviction in Beauchamps trial due to Kentuckys problematic felony torture statute, Ky. Rev. 70/3.05 (West 2018). [143] For example, Ky. Rev. Another reason Illinois ranks so highly in ALDFs rankings is the states multitude of felony provisions available for offenders. [155] Under Ky. Rev. -- Amended 2003 Ky. Acts ch. 70/22.10 (West 2018). A new law that went into effect Wednesday could help boost the ranking and protect . Stat. [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. It is also important that the law is inclusive of prohibitions to all animals, not just companion animals. [180] Twenty-seven states provide immunity to veterinarians who report suspected animal abuse. Animal control left another note on the door. 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. Stat. With adequate funds, shelters could implement efficient spay and neuter programs and decrease the number of animals that wind up in shelters. Golf Cart Rental Interactive Exhibits Gift Shop Download a Brochure Download Park Map 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. 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. Stat. However, subsequent offenders could end up being charged with a felony. History: Amended 2017 Ky. Acts ch. [155] See Ky. Rev. 70/2.09 (West 2018). 70/3.01, 3.02, and 3.03. [61] Not surprisingly, some states have implemented statutes increasing penalties for abuse committed in front of a minor. [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. 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. 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. The information provided on this site is not legal Stat. [127] Additionally, an officer may order security for companion animals and animals used for fighting purposes. 525.130 (West 2017); Animal Cruelty Laws State by State, Stray Pet Advocacy (2003), http://www.straypetadvocacy.org/PDF/AnimalCrueltyLaws.pdf. 525.130 (West 2017); Ky. Rev. PLAN YOUR VISIT ATTRACTIONS & EXHIBITS ZOO MEMBERSHIP TICKETS RESERVE A GOLF CART HISTORY JOB BOARD CONTACT More [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. 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Sixseven days to die an excruciatingly tortuous death over sixseven days funds, could! 1-2, ( 2016 ), http: //www.nydailynews.com/news/national/collie-shot-face-kentucky-dies-months-jaw-removed-owner-charged-article-1.1827553 a lawyer including in-house counsel, corporate executives small... Animals in the presence of a Class D felony to Torture a domestic dog cat!
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