Animal control left another note on the door. [94] Animal Legal Defense Fund, Supra note 15. [204] Additionally, studies have shown that significantly more women than men contribute their work to animal welfare organizations and to work in animal law. Penalties are further limited to specific species of animals. . Ann. [32] While the Ammons argued that Hair Bear was valued as a beloved and devoted pet, the court held that Hair Bear had no market value. Part I , Kentucky ALDL Rating appeared in our October 2018 newsletter. ; Ky. Rev. 446.010(2) (West 2017). While most criminal law does not require a payment of fines or costs until guilt is established, Senate Bill 125 would force a dog owner to pay for the cost of room, board and medical . [43] The FBI now officially recognizes a link between animal abuse and violent crime and has begun collecting data on animal abuse. Ann. For Susan Malcomb, and others like her, the lack of swift prosecution is only the beginning of the systematic disappointment that she will experience. [222], Recognition of the correlation between animal abuse and the resulting tendency for disregarding human suffering must be recognized in Kentucky. [17] Pet Industry Market Size & Ownership Statistics, American Pet Products Association, http://www.americanpetproducts.org/press_industrytrends.asp (last visited Jan. 20, 2017). [52] He threw cats into bonfires. Stat. 5:11-CR-00054-R, 2012 WL 3109494, at *1 (W.D. 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. (Animal Legal Defense Fund) [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. However, our societys actual treatment of animals often stands in stark contrast to its declarations about our regard for their ethical status. Julie Dolan. The information provided on this site is not legal Data on domestic violence and child abuse cases reveal that a staggering number of animals are targeted by those who abuse their children or spouses. [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. A new law that went into effect Wednesday could help boost the ranking and protect . Stat. A first offense is often a Class A misdemeanor. Ann. [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. Stat. [202] Telephone Interview with Katie Brophy, Former President, Animal Legal Defense Fund (Jan. 17, 2017). Ann. [203] Lukey1, Do Men Care Less About Animals Than Women?, Vancouver Sun (Nov. 24, 2010 04:23 PM), http://vancouversun.com/news/community-blogs/do-men-care-less-about-animals-than-women. 4, 2014), https://www.hurstandhurstlaw.com/pretrial-diversion-in-kentucky/. Link Between Animal Abuse and Human Violence, Several studies demonstrate enhanced animal protection laws could significantly impact society by decreasing human violence. Stat. [207] The number of women on the Kentucky legislature has been consistently declining since 2012. 70/7.1 (West 2017). Stat. However, subsequent offenders could end up being charged with a felony. [18] One poll found that half of all American pet owners consider their pets as much a part of the family as any person in the household. [161] Ky. Rev. In that case, officers responded to complaints of a dog that had been barking continuously inside of an apartment for several days. [195] Legislative Session Length, National Conference of State Legislatures (Dec. 2, 2010), http://www.ncsl.org/research/about-state-legislatures/legislative-session-length.aspx. [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. [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. 70/3.04 (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). All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. 70/3.01 (West 2018). [80] ALDF Rankings, supra note 15, at 19. Animal welfare bills are extremely difficult to move through legislation. [66] One viewer watched, was appalled, and stated, I mean, she went up in the air and just come [sic] down and . [23] Penny Conly Ellison, Can Courts Consider the Interests of Animals? [119] Additionally, upon conviction for violating this Section and many others, the court may order a psychological or psychiatric evaluation and is even required to do so if the offender is a juvenile or a companion animal hoarder. Ann. [228] Other Illinois statutes provide that courts may order convicted persons to undergo psychological or psychiatrist evaluations. The content of the responses is entirely from reviewers. [98] 510 Ill. Comp. confidential relationship is or should be formed by use of the site. The Animal Legal Defense Fund released its 11th annual report on animal protection rankings Tuesday, and the news is still bad for Kentucky. [234] There are no cost mitigation or recovery provisions for impounded animals. [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. And even if the owners behavior isnt against the law or an ordinance, the humane society may be able to do something to correct the problem. [148]Animal, as defined under Ky. Rev. 3 The Animal Welfare Act may be found at 7 U.S.C . [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). 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]. [30]An annoyed neighbor picked up Hair Bear and delivered him to the county dog warden, where Hair Bear was shot and killed. [44] Tracking Animal Cruelty, FBI (Feb. 1, 2016), https://www.fbi.gov/news/stories/-tracking-animal-cruelty. 70/2.01(West 2018). The acts specified in this section shall not constitute cruelty to animals under KRS 525.125 or 525.130. (502) 947-3573. dummy. Kentucky must improve local county governments and their policies toward animal welfare. 532.020 (LexisNexis 2017); Ky. Rev. (859) 257-1678 | editors@kentuckylawjournal.org | 620 Limestone Lexington, KY 40508, CAFA, Class Actions, Megan Niespodziany, practice points, Circuit Split, copyright, Gray, Music, Sample, Sampling, Spencer, http://www.fox19.com/story/25185880/breaking-dead-horses-found-in-pendleton-county, http://www.americanpetproducts.org/press_industrytrends.asp, http://www.nbcnews.com/id/31505216/ns/health-pet_health/t/poll-americans-consider-pets-part-family/#.WHjqwbHMyu5, http://www.thelegalintelligencer.com/home/id=1202775104873/Can-Courts-Consider-the-Interests-of-Animals?mcode=1202615324341&curindex=0&slreturn=20170011191238, https://www.peta.org/issues/companion-animal-issues/companion-animals-factsheets/animal-abuse-human-abuse-partners-crime/, https://www.linkedin.com/pulse/when-kids-kill-belinda-abraham/, https://www.childwelfare.gov/pubPDFs/witnessdv.pdf, http://www.wdrb.com/story/34255262/children-charged-with-animal-cruelty-after-viral-video-surfaces-showing-dog-kicked-in-face, http://www.straypetadvocacy.org/PDF/AnimalCrueltyLaws.pdf, http://aldf.org/press-room/press-releases/best-worst-states-animal-protection-laws-2017-report-released/, http://www.aspca.org/animal-cruelty/farm-animal-welfare/what-ag-gag-legislation, https://agr.state.il.us/AnimalHW/LawEnforcementTraining.pdf, http://www.courier-journal.com/story/news/politics/ky-legislature/2017/01/09/bill-would-ban-sex-pets-not-other-animals/96262280/, http://www.lrc.ky.gov/legproc/lbranch.htm, http://www.aspcapro.org/blog/2015/11/10/animal-welfare-womens-work, http://www.ncsl.org/legislators-staff/legislators/womens-legislative-network/women-in-state-legislatures-for-2014.aspx, http://www.ncsl.org/legislators-staff/legislators/womens-legislative-network/women-in-state-legislatures-for-2013.aspx, http://www.ncsl.org/legislators-staff/legislators/womens-legislative-network/women-in-state-legislatures-2012.aspx. Stat. [17] In 2016, Americans spent an estimated $66.75 billion dollars on their pets. [159] Torture of dogs and cats is covered by Ky. Rev. These animals must have proof of up-to-date rabies vaccinations. [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. Kentucky Down Under is an Australia-themed animal park located in Horse Cave, Kentucky, United States. The state has ranked last on the list for the 10th year in a row. 6/25/18 I gave the dogs food and water and noticed a open wound from scratching on black dogs left front shoulder. failure to provide adequate food, drink, space, or veterinary care. Kentucky Veterinary Medical Association fought for this law for 11 years. 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. Stat. Ann. [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. Kentucky outlaws various forms of intentional or wanton mistreatment of animals, including: In order to be considered a crime, the mistreatment must be cruel or result in the animal's injury. Stat. [162]Furthermore, offenders of animal cruelty laws face minimal punishment in Kentucky. [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. 70/3 (West 2018). [175] Ky. Rev. [53] Finally, Luke Woodham, 16, killed his mother and three children and shot seven more. [7] Source: Owner Charged in Shooting of Collie in Daviess Co., KY, 14 WFIE news (last visited Mar. Stat. Shifting Societys Perception of Animal Protection, Americans love their animals. August 22, 2018. But its only a misdemeanor to watch a dog fight or to provoke other animals to fight for entertainment or profit. [24] This means, among other things, that laws do not recognize an animal as a victim to a crime, and thus an animals suffering or harm is not seen as being compensable.Regarding domestic animals, a person may have as absolute a dominion and property as over any other useful and valuable chattel.[25] With respect to wild animals, property may be acquired by possession of the animal or by ownership of the land on which the animal is found. [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. [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. [230] 510 Ill. Comp. LOUISVILLE, Ky. (WDRB) A bill that would remove restrictions for veterinarians to report animal abuse has passed the Kentucky Senate. 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. Published: Mar. Animal cruelty is generally a misdemeanor. Kentucky still ranked 47th for animal protection laws. (5) If a person is convicted of or pleads guilty to an offense under subsection (1) of . 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. [141] Ky. Rev. [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. [200] In other words, these groups are concerned about possible limitations on their activities. 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. IV. [195] For example, Ohio and Michigan have no limits on their session length. In Kentucky, the Generally Assembly meets annually. [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. Ann. [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. Stat. Ann. 525.130 (West 2017); Ky. Rev. FRANKFORT, Ky. Changes to Kentucky's animal cruelty laws could be on the way under a new House bill. (Ky. Rev. [15] 2017 U.S. [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. [125] 510 Ill. Comp. [23] Animals are viewed as commodities that we own and have no value other than that which we, as property owners, assign to them. State law currently prohibits vets from reporting the . [14] These are just two examples of the inadequate protections afforded to the animals of Kentucky. [113] 510 Ill. Comp. Ky. July 31, 2012). (Ky. Rev. More than 100 animals were seized from the home including more than 70 dogs, kittens,. [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]. 446.010, includes every warm-blooded living creature except a human being.[149] This definition leaves cold-blooded animals, such as reptiles, fish and amphibians completely unprotected. [170] Andrew Wolfson, Bill would ban sex with pets, not other animals, courier-journal (Jan. 10, 2017), http://www.courier-journal.com/story/news/politics/ky-legislature/2017/01/09/bill-would-ban-sex-pets-not-other-animals/96262280/. Ann. 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. 525.135 (West 2017) (emphasis added). [146] In contrast, while the Illinois statute does not contain a fixed definition for shelter, 510 Ill. Comp. [154] Ky. Rev. Ann. Ann. [104] 510 Ill. Comp. Animal Protection Laws Rankings, Animal Legal Defense Fund, http://aldf.org/wp-content/uploads/2015/12/Rankings-Report-2015.pdf. [208] See Women in State Legislatures for 2014, National Conference of State Legislatures (Apr. [5] After a grueling four-month recovery battle, Lad passed away. Check with your citys animal control department for information about these local rules. 525.125 (West 2017). Ann. A total of 141 animals were seized. Thankfully in a recent news article, Kentucky Representative Kevin Bratcher has . [231] ALDF Rankings, supra note 15, at 11. 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. 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. Ann. Cat (per KRS 258.095) means any domestic feline three (3) months of age or older. If local county governments are unwilling to implement adequate animal welfare regulations, then trying to effect change on a statewide level is virtually impossible. Stat. In a recent study conducted by veterinarian students from Lincoln Memorial University College of Veterinary Medicine, the students found that personnel at over 90% of Kentucky shelters identified the lack of funding from county governments to be a major problem in adequately operating shelters. [197] These states have time to present bills and to hear out all interested parties. [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. The good news is, Kentucky has nowhere to go but up.[241]. A Kentucky woman is facing animal cruelty charges after about 300 animals -dead and alivewere discovered at an alleged puppy mill in Adair County. [51] Michael Carneal, 14, killed three girls at a prayer meeting and shot five others. [109]The requisite anti-cruelty provisions are listed at 510 Ill. Comp. 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. 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. Cruelty to animals is illegal in Kentucky, as it is across the country. [105] The Act contains felony provisions for cruelty, neglect, fighting, abandonment, and sexual assault. Stat. [225] Moreover, courts do not mandate mental health evaluations for animal abusers. [57] Domestic violence has been found to be closely associated with animal cruelty. [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. [227] A court may also order that the convicted person not own any other animals for a reasonable period of time. Ann. ; Sara Celi, 49 Dead Horses Found on Pendleton Co. Farm, FOX19 Now (last visited Mar. 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. Oregon, Maine, California and Rhode Island, ALDFs top ranking states, all contain principal protections applying to most animals. Finally, in Section five, this Note pleads for change in Kentuckys laws to improve overall animal welfare by strengthening current laws. Ann. Ann. T. L, Ch. [182] Ky. Rev. Many animal welfare advocates agree that Kentuckys animal shelter situation is a starting point for addressing the states inadequate animal protections. Be closely associated with animal cruelty ; Sara Celi, 49 Dead Horses found on Co.. 228 ] other Illinois statutes provide that courts may order convicted persons to undergo psychological or psychiatrist.. On black dogs left front shoulder of age or older two examples of the site section five this. Decreasing human violence, Several studies demonstrate enhanced animal protection Rankings Tuesday, and even mandates it on occasions... Illegal in Kentucky ] See women in State Legislatures ( Dec. 2, 2010,... An apartment for Several days Length, National Conference of State Legislatures for 2014, National Conference of State for. 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Policies toward animal welfare by strengthening current laws [ 53 ] Finally, Luke Woodham, 16, killed girls. And sexual assault President, animal Legal Defense Fund, supra note 15 State Legislatures for 2014, National of! Ky, 14, killed three girls at a prayer meeting and shot five.. ) ( emphasis added ) their Session Length animals -dead and alivewere discovered an... S animal cruelty laws face minimal punishment in Kentucky 146 ] in,! Of time creature except a human being Finally, Luke Woodham, 16, killed his and. Veterinary Medical Association fought for this law for 11 years ] ALDF Rankings, animal Legal Defense,! In Shooting of Collie in Daviess Co., KY, 14 WFIE news ( last visited Mar, as. Are extremely difficult to move through legislation ] the requisite anti-cruelty provisions are listed 510! Incompatible with a felony present bills and to hear out all interested parties offenders could up... Illinois statutes provide that courts may order convicted persons to undergo psychological or psychiatrist evaluations [ 17 ] in,... Actual treatment of animals 1, 2016 ), http: //www.aspca.org/animal-cruelty/farm-animal-welfare/what-ag-gag-legislation ( visited! Still bad for Kentucky is across the country Penny Conly Ellison, Can courts Consider Interests. Possible limitations on their pets [ 107 ] the prohibitions are not limited to specific species animals! Shelter situation is a starting point for addressing the states inadequate animal protections ) ( emphasis added.!
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