Stat. Ann. [156] Ky. Rev. [180] Twenty-seven states provide immunity to veterinarians who report suspected animal abuse. [150] Malcomb, supra note 70. [66] One viewer watched, was appalled, and stated, I mean, she went up in the air and just come [sic] down and . [80] ALDF Rankings, supra note 15, at 19. As previously mentioned, there is a distinct correlation between those who abuse animals and those who pose a threat to other humans. Ann. The national nonprofit assists in cases like the bust at a home in McCracken County, Kentucky in April. 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. 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. [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. (Ky. Rev. [117] People v. Thornton, 676 N.E.2d 1024, 1026 (1997). [103] 510 Ill. Comp. FRANKFORT, Ky. Changes to Kentucky's animal cruelty laws could be on the way under a new House bill. [10] Interview with Kathryn Callahan, Kentucky State Director (Feb. 28, 2017). [229] Illinois torture statute mandates such evaluations. Thankfully in a recent news article, Kentucky Representative Kevin Bratcher has . Over 50% of Kentuckys animal shelters are not in compliance with animal shelter laws. 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. [104] 510 Ill. Comp. (Animal Legal Defense Fund) Under a bipartisan bill that passed a House committee on Wednesday, Kentuckians who torture a dog or cat could be charged with a felony. [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. 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. Stat. For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page. [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. Covid-19 has caused the zoo to close, meaning there are no visitors to share the experience with. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. 525.135 (West 2017) (emphasis added). [202] Telephone Interview with Katie Brophy, Former President, Animal Legal Defense Fund (Jan. 17, 2017). A Kentucky woman is facing animal cruelty charges after about 300 animals -dead and alivewere discovered at an alleged puppy mill in Adair County. Ann. 525.125 (West 2017). Illinois statutes provide for broad enforcement and wide-ranging authority to protect its animals. Ann. 534.040 (LexisNexis 2017). Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. Ann. Advocates worked for years to change this law, which had good intentions regarding personal privacy but unintended consequences for animal victims of abuse. [105] ALDF Rankings, Supra note 15, at 11. [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]. 70/3.02 (West 2018). 70/3.01 (West 2018). [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. August 22, 2018. Supplemental Terms. 446.010(2) (West 2017). Kentucky still ranked 47th for animal protection laws. . We too often focus on the species of the victim. [228] Other Illinois statutes provide that courts may order convicted persons to undergo psychological or psychiatrist evaluations. Animal control left another note on the door. [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. 70/3.01, 3.02, and 3.03. [114] If the offender violates this section in the presence of a person under 18 years old or causes the animal to suffer serious physical injury or death, the offender is guilty of a Class 3 felony. The state exempts several kinds of legal activity from its animal cruelty laws, including: If you see or hear an animal that appears to be abused, mistreated, or neglected, contact your local animal control agency, law enforcement, or the humane society. We should instead focus on the abusive nature of the perpetrator. (502) 947-3573. dummy. A failure of laws to protect animals from abuse and neglect allows this depraved behavior to go unchecked. 70/3.03 (West 2018). KRS 525.125 Cruelty to animals in the first degree. [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. [199] According to some legislators, these groups fear a potential slippery slope if animal welfare laws are passed. Other titles contain numerous provisions . It remains, however, that a dog is property, not a family member.[34] Additionally, the court stated that [a]lthough dogs are considered property, the protection afforded them under the law is uniquely limited.[35]Modern courts recognize that personal pets generally do not fit within the traditional property law principles. [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/. Most forms of participation in dogfighting are a felony in Kentucky, from owning or training the animals to organizing a fight. [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. Local county governments must address inadequate shelters and provide proper funding. The state puts local governments in charge of dog licensing requirements. [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. [170] Unless a sexually assaulted animal is physically injured, the offender cannot be adequately prosecuted. 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. [231] Kentucky has no law that increases penalties when abuse is committed in the presence of a minor or involves multiple animals. [75] The report assesses the strength of each jurisdictions animal protection laws and assigns a score based on fifteen different categories of animal protection. [31] The warden testified he routinely destroyed impounded dogs by shooting them in the head. For example, law enforcement officials, states attorneys, and animal control officials all have the authority to investigate humane care allegations. As previously mentioned, Kentuckys deficiency in statutes and sentencing policies reflect its bottom-tier ranking in the ALDFs annual study. (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. 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. [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/. 70/3.03 (West 2018). Ann. advice, does not constitute a lawyer referral service, and no attorney-client or Perfect for all ages, Kentucky Down Under is an unforgettable experience that will expose you to a variety of animals in their natural habitats. [191] In even-numbered years, sessions may not exceed sixty legislative days. Ann. [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/. of this site is subject to additional 532.020 (LexisNexis 2017); Ky. Rev. [169] Astoundingly, Kentucky is one of nine states where having sex with animals is not a crime. [145] Additionally, it is imperative that shelter in cold weather is defined as to allow the animal to maintain its natural body temperature. Bill Austin was manager of Mammoth Onyx Cave (which was later renamed Kentucky Caverns), which his grandfather had purchased in the 1920s. Stat. Cat (per KRS 258.095) means any domestic feline three (3) months of age or older. Ann. ; See also For 10th Year, KY Ranked Worst State in U.S. for Animal Protection Laws, WTVQ San Francisco, (January 12, 2017) https://www.wtvq.com/2017/01/12/10th-year-ky-ranked-worst-state-u-s-animal-protection-laws/. [233]There is no statutory authority to allow protective orders to include animals. Ann. By not taking animal welfare issues seriously, local governments are sending the message that animal protection laws are insignificant and unimportant. Ann. 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. 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]. [146] In contrast, while the Illinois statute does not contain a fixed definition for shelter, 510 Ill. Comp. History: Amended 2017 Ky. Acts ch. 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. [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. The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. To its objectivity and comprehensiveness more information on Martindale-Hubbell Client Review Ratings process is the gold standard due to objectivity! [ 169 ] Astoundingly, Kentucky State Director ( Feb. 28, 2017 ) ; Ky. Rev at 19 attorneys. Participation in dogfighting are a felony in Kentucky, from owning or training the animals organizing! 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kentucky down under animal abuse