A Kentucky woman is facing animal cruelty charges after about 300 animals -dead and alivewere discovered at an alleged puppy mill in Adair County. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. Ann. Stat. As previously mentioned, Kentuckys deficiency in statutes and sentencing policies reflect its bottom-tier ranking in the ALDFs annual study. HORSE CAVE, Ky. - Harley White is one of Kentucky Down Under's senior zookeepers. Bill Austin was manager of Mammoth Onyx Cave (which was later renamed Kentucky Caverns), which his grandfather had purchased in the 1920s. For example, in 2016 only 15.9% of Kentuckys legislature consisted of women. [154] Ky. Rev. New law allows vets to report suspected animal abuse. [163] United States v. Chamness, No. [184] Telephone Interview withVicki Deisner, Midwest Legislative Director, ASPCA (2017, Jan. 16). [195] Legislative Session Length, National Conference of State Legislatures (Dec. 2, 2010), http://www.ncsl.org/research/about-state-legislatures/legislative-session-length.aspx. The information provided on this site is not legal However, subsequent offenders could end up being charged with a felony. [104] 510 Ill. Comp. [33] In its holding, the court stated, [t]he affection an owner has for, and receives from, a beloved dog is undeniable. [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. [224] Courts are not required to restrict future ownership of animals after a conviction. 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. Because states can change their laws at any time, its always a good idea to check the current statutes by using this search tool. 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]. Stat. 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. [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. [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. Part I , Kentucky ALDL Rating appeared in our October 2018 newsletter. [3] Nina Golgowski, Collie Shot in Face in Kentucky Dies Four Months After Jaw Removed, Owner Charged, New York Daily News (Jun. [214] For these reasons, many shelters rely on volunteers or inmates to care for the animals. [210]Many local governments are unwilling to spend money on appropriate shelters. [108] 510 Ill. Comp. Reasons Animals Are Unprotected In Kentucky, In order to begin the process of implementing change and enhancing the protections provided to Kentuckys animals, one must first ascertain the reasons for the states inadequate laws. [96] See generally 510 Ill. Comp. 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. 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. Animal control came and talked to the . [175] Ky. Rev. [17] Pet Industry Market Size & Ownership Statistics, American Pet Products Association, http://www.americanpetproducts.org/press_industrytrends.asp (last visited Jan. 20, 2017). [149] Ky. Rev. In Kentucky, animal abandonment falls under an animal cruelty charge. Stat. Ann. Ann. [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. RESERVATIONS: Please contact our Group Coordinator at groups@kentuckydownunder.com or call 270-786-1010. [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. Section three also introduces the ALDFs annual study. Golf Cart Rental Interactive Exhibits Gift Shop Download a Brochure Download Park Map [215] Such lack of permanent well trained employees results in inconsistent and undependable staff to care for the animals. For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. [166] The defendant was found guilty of nine counts of cruelty to animals in the second degree. Ann. Stat. [16]2017 U.S. 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. Ky. July 31, 2012). For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page. [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. [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. Ann. Ann. [27] This balance will rarely, if ever, end in the animals favor. It compares and contrasts Kentuckys animal protection statutes with those of Illinois (the state with the highest ranking in the ALDFs study for the past decade). 446.010s failure to identify reptiles as animals.[153], III.B.2 Kentucky Lacks Adequate Felony Provisions, Kentucky limits felony penalties to cruelty and neglect in very exclusive circumstances. Ann. Distinguished: An excellent rating for a lawyer with some experience. Ann. Ann. Ann. [44] Tracking Animal Cruelty, FBI (Feb. 1, 2016), https://www.fbi.gov/news/stories/-tracking-animal-cruelty. The national nonprofit assists in cases like the bust at a home in McCracken County, Kentucky in April. [8]The prosecution did not believe they could secure a conviction in Beauchamps trial due to Kentuckys problematic felony torture statute, Ky. Rev. Stat. [110] 510 Ill. Comp. Stat. In Kentucky, psychological counseling is only required for people convicted of sexually assaulting an animal. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. Julie Dolan. [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. [118] See, e.g., 510 Ill. Comp. 70/3.01 (West 2018). 70/3.01, 70/3.02 (West 2018). [52] He threw cats into bonfires. Ann. In Kentucky, the Generally Assembly meets annually. These are just a few examples of why Illinois ranks so highly with regard to its animal protection laws. [207] The number of women on the Kentucky legislature has been consistently declining since 2012. Kentucky lacks felony provisions for animal cruelty, including neglect, sexual assault, and abandonment of an animal. [235] Court-ordered forfeiture provisions are limited to certain species. 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]. Kentucky exempts hunting, fishing, trapping, and genuine research from its animal cruelty laws. [199] According to some legislators, these groups fear a potential slippery slope if animal welfare laws are passed. [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. [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. 70/10 (West 2018). [40] Animal Abuse and Human Abuse: Partners in Crime, PETA, https://www.peta.org/issues/companion-animal-issues/companion-animals-factsheets/animal-abuse-human-abuse-partners-crime/. From the ominously slow-moving sloths and tortoises to dingoes and wolves, this amazing zoo has something to awe and inspire everyone. ; 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/. This doesn't mean zookeepers like White aren't still hard at work. Covid-19 has caused the zoo to close, meaning there are no visitors to share the experience with. 4, 2014), https://www.hurstandhurstlaw.com/pretrial-diversion-in-kentucky/. 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. Stat. [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. failure to provide adequate food, drink, space, or veterinary care. 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. Agriculture under the Animal Welfare Act or subject to other federal laws . Dog (per KRS 258.095) means any domestic canine, six (6) months of age or older. Over 50% of Kentuckys animal shelters are not in compliance with animal shelter laws. [134] The court held that the police were justified in entering the apartment without a warrant because of an emergency regarding the condition of the dog. [166] See id. Stat. [14] Id. Stat. 1, effective June 29, 2017. [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. Below, weve summarized the most important laws that pet owners and animal lovers should know about. 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. 525.130 (West 2017). Finally, in Section five, this Note pleads for change in Kentuckys laws to improve overall animal welfare by strengthening current 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. 3 The Animal Welfare Act may be found at 7 U.S.C . [164] Four of the dogs remains were found sealed inside of a storage container containing air holes in the lid to facilitate breathing. [2] Milan Kundera, The Unbearable Lightness of Being 289 (1999). [24] Gary L. Francione, Introduction to Animal Rights: Your Child or the Dog? [14] These are just two examples of the inadequate protections afforded to the animals of Kentucky. (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. 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