Kentucky - Legal Animal Abuse Or Weak Protection Laws? Envision the dog with multiple gunshot wounds to the face, left in this condition to die an excruciatingly tortuous death over sixseven days. Efforts by Nissen, the manager of the apartment complex, to contact defendant were unsuccessful. [207] The number of women on the Kentucky legislature has been consistently declining since 2012. Kentucky Down Under Adventure Zoo is a fun, informative and a hands-on adventure animal park with a beautifully decorated and living cave. [16]2017 U.S. Kentucky must improve local county governments and their policies toward animal welfare. Stat. [13] In addition, the plea agreement raised doubt as to the effectiveness in preventing Browning from having other horses in his possession. Stat. The attorney [214] For these reasons, many shelters rely on volunteers or inmates to care for the animals. From the ominously slow-moving sloths and tortoises to dingoes and wolves, this amazing zoo has something to awe and inspire everyone. [141] Ky. Rev. Ann. [160] Ky. Rev. [113]Although it is not part of the Act, 720 Ill. Comp. 6/25/18 I gave the dogs food and water and noticed a open wound from scratching on black dogs left front shoulder. Stat. Illinois, in contrast, has earned the highest ranking in ALDFs report for ten consecutive years. 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. Super personnel.' Tom M., Columbus, MS. 270-786-1010 info@kentuckydownunder.com Visit Website [22] See Vicki Deisner, ASPCA, Presentation Regarding Regional Legislation and National Trends for Animal Welfare (2012). [239]Kentuckys current statutory stance on animal protection is unacceptable. [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] 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]. Stat. 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. [15]This Note begins by recognizing the incongruence between societys declarations and commitment for its animals versus its actual treatment of animals. Certain groups, including hunting, farming, and dog breeding groups, lobby extensively against animal welfare legislation. [78]For the past eleven years, ALDF has ranked Kentucky last out of the 50 states for its animal protection laws. [234] There are no cost mitigation or recovery provisions for impounded animals. Julie Dolan. Stat. Thankfully in a recent news article, Kentucky Representative Kevin Bratcher has . 446.010(2) (West 2017). Kentucky does not have any felony provisions for neglect or abandonment. Stat. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. This is the third article about Kentucky issues. 534.040 (LexisNexis 2017). [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. [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. [43] The FBI now officially recognizes a link between animal abuse and violent crime and has begun collecting data on animal abuse. [17] Pet Industry Market Size & Ownership Statistics, American Pet Products Association, http://www.americanpetproducts.org/press_industrytrends.asp (last visited Jan. 20, 2017). Most dogfighting offenses fall under cruelty to animals in the first degree. Kentucky Down Under Adventure Zoo | Mammoth Onyx Cave | Horse Cave COME AND PET A KANGAROO! 3 The Animal Welfare Act may be found at 7 U.S.C . [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. [232] Kentucky law does not require mental health evaluations or counseling for offenders. Stat. [149] Ky. Rev. Previously, vets could only report if client gave permission, court order. [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. [178] Fifteen states require veterinarians to report suspected abuse. [127] 510 Ill. Comp. [104] 510 Ill. Comp. Ann. Ann. 70/3 provides that shelter must be adequate to protect the animal from weather conditions. Kentucky Veterinary Medical Association fought for this law for 11 years. The 11-year-old ambushed and killed three kindergarten kids as well as two adults. As previously mentioned, there is a distinct correlation between those who abuse animals and those who pose a threat to other humans. [162] Ky. Rev. Ann. [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. Martindale-Hubbell validates that a reviewer is a person with a valid email address. at 4, 12, 19 (explaining that Kentucky has court ordered forfeiture laws for only equine). Also, local municipalities may have their own regulations on dogs and other pets. Ann. [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. People who submit reviews are either individuals who consulted with the lawyer/law firm or who hired the lawyer/law firm and want to share their experience of that lawyer or law firm with other potential clients. 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. Ann. Cruelty to animals is illegal in Kentucky, as it is across the country. Ann. 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. 70/7.1 (West 2017). Stat. 70/2.01(West 2018). Stat. Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. Stat. [106] It also contains increased penalties for offenders with prior convictions of animal abuse or animal hoarding. Ann. [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. 'Absolutely superb! History Education Open Year-Round Tour Mammoth Onyx Cave! [174], III.B.3 Kentuckys Humane Officers Lack Broad Enforcement Authority. [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. [205] Claire Sterling, Is Animal Welfare Womens Work?, ASPCA (Nov. 11, 2015), http://www.aspcapro.org/blog/2015/11/10/animal-welfare-womens-work. 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. 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). Animal Protection Laws Rankings, Animal Legal Defense Fund, http://aldf.org/wp-content/uploads/2018/01/Rankings-Report-2017_FINAL.pdf. advice, does not constitute a lawyer referral service, and no attorney-client or Stat. HORSE CAVE, Ky. - Harley White is one of Kentucky Down Under's senior zookeepers. ; Ky. Rev. History: Amended 2017 Ky. Acts ch. [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. Stat. [180] Twenty-seven states provide immunity to veterinarians who report suspected animal abuse. KRS 525.125 Cruelty to animals in the first degree. [61] Not surprisingly, some states have implemented statutes increasing penalties for abuse committed in front of a minor. [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]. [128] 510 Ill. Comp. This was the case with Lad, a border collie from Daviess County, Kentucky. Kentucky exempts hunting, fishing, trapping, and genuine research from its animal cruelty laws. Stat. confidential relationship is or should be formed by use of the site. The state has ranked last on the list for the 10th year in a row. Stat. 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. [103] 510 Ill. Comp. Although the role gender plays in enacting legislation would greatly benefit from further research, it is important to note its impact. [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. dummy. Covid-19 has caused the zoo to close, meaning there are no visitors to share the experience with. KFC announced Wednesday that the Double Down Sandwich will be back for four weeks only, starting on Monday. Ann. [80] ALDF Rankings, supra note 15, at 19. [162]Furthermore, offenders of animal cruelty laws face minimal punishment in Kentucky. [93] Best and Worst States for Animal Protection Laws, 2017 Report Released, Animal Legal Defense Fund, (Jan. 18, 2018). (Ky. Rev. [95] 510 Ill. Comp. 2002). [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. [42] Additionally, adults who abuse animals commonly abuse their spouses and their children, as well as elderly people for whom they are caring. [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. Stat. One strength of Illinois animal protection laws is the definitions and standards of care implemented in the Act. As previously mentioned, Kentuckys deficiency in statutes and sentencing policies reflect its bottom-tier ranking in the ALDFs annual study. Published: Mar. Ann. Local county governments must address inadequate shelters and provide proper funding. [223]In the rare circumstance an offender is convicted, Kentucky courts are not required to seize the animal from the abuser. Ann. [111] Under Section 3.03, a person convicted of animal torture is guilty of a Class 3 felony. Section four seeks to ascertain the causes for the harsh treatment of animals in Kentucky. [105] The Act contains felony provisions for cruelty, neglect, fighting, abandonment, and sexual assault. [112] 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. Article | 106 KY. L. J. ONLINE| May 8, 2018, Mankinds true moral test, its fundamental test (which lies deeply buried from view), consists of its attitude towards those who are at its mercy: animals.[2]. [124] Pursuant to 510 Ill. Comp. [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. Other titles contain numerous provisions . Harold and Jennifer Campbell each faces 51 counts of misdemeanor animal cruelty. [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. Section three also introduces the ALDFs annual study. We should instead focus on the abusive nature of the perpetrator. 525.130 (West 2017). [135] The court stated that the language in Section 10 of the Act, which states that entry shall not be made into any building which is a persons residence, except by search warrant or court order, is plainly intended to make it clear that the extraordinary exception to the general warrant requirement for investigatory searches of nonresidential premises set out in Section 10 does not extend to residential premises.[136] The court found nothing in Section 10, which suggests that this language means that the few specifically established and well-delineated exceptions to the general warrant requirement for entry into residential premises are not applicable under the Act.[137]In addition, the court found that the emergency exception of the Fourth Amendments prohibition against unreasonable searches and seizures applies to situations involving the mistreatment of animals. Ann. [28] Francione, supra note 22 at xxiv-xxv. 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. [108] 510 Ill. Comp. [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. A failure of laws to protect animals from abuse and neglect allows this depraved behavior to go unchecked. Stat. [139]Another capacity in which law enforcement is delegated broad authority to act on animal cruelty is found under Section 7.1 of the Act. ; Ky. Rev. "Covid-19 has just. Stat. of this site is subject to additional [222], Recognition of the correlation between animal abuse and the resulting tendency for disregarding human suffering must be recognized in Kentucky. [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. [109] ALDF Rankings, Supra note 15, at 11. [170] Unless a sexually assaulted animal is physically injured, the offender cannot be adequately prosecuted. In order to be considered a crime, the mistreatment must be cruel or result in the animal's injury. [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/. Ann. Ann. [215] Such lack of permanent well trained employees results in inconsistent and undependable staff to care for the animals. 436.605 (West 2017). 70/3.03 (West 2018). [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. FRANKFORT, Ky. Changes to Kentucky's animal cruelty laws could be on the way under a new House bill. Lawyers from our extensive network are ready to answer your question. [144] Id. [124] Animal Law Awareness for Law Enforcement and Other Governmental Agencies, https://agr.state.il.us/AnimalHW/LawEnforcementTraining.pdf. In Ammon v. Welty, the Ammons inhabited sixty-three acres of farmland, where they let their pet dog, Hair Bear, roam the property without restraint. [208] See Women in State Legislatures for 2014, National Conference of State Legislatures (Apr. Pursuant to Ky. Rev. [100] 510 Ill. Comp. Ann. For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page. Ann. In addition to the animal cruelty laws listed above, Kentucky has specific laws that apply to the treatment of companion dogs and cats. Stat. [200] In other words, these groups are concerned about possible limitations on their activities. how local authorities tend to interpret those laws, ordinances in your local community that may apply to your situation, how you might recover your pet if authorities have already taken it, and. [167] However, the judge imposed a sentence of merely two years probation, demonstrating the sort of minor penalties that animal abusers face in Kentucky. [94] Illinois Humane Care for Animals Act (the Act) is found in Chapter 510, Act 70 of I.L.C.S. 5:11-CR-00054-R, 2012 WL 3109494, at *1 (W.D. [233]There is no statutory authority to allow protective orders to include animals. One of the biggest hurdles in protecting animals in the legal system is that they have historically been considered personal property under the law. [191] In even-numbered years, sessions may not exceed sixty legislative days. 4, 2014), https://www.hurstandhurstlaw.com/pretrial-diversion-in-kentucky/. Kentuckys statutes contain inadequate definitions and standards of basic care. [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. 70/3.05 (West 2018). 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. Click HERE to reserve golf carts! [39] 2015 U.S. Animal (per KRS 321.181) means any animal EXCEPT human beings. 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