[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. 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. [10] Interview with Kathryn Callahan, Kentucky State Director (Feb. 28, 2017). [17] Pet Industry Market Size & Ownership Statistics, American Pet Products Association, http://www.americanpetproducts.org/press_industrytrends.asp (last visited Jan. 20, 2017). [94] Illinois Humane Care for Animals Act (the Act) is found in Chapter 510, Act 70 of I.L.C.S. Ann. [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. Stat. Stat. Stat. Kentucky Down Under is an Australia-themed animal park located in Horse Cave, Kentucky, United States. [78] ALDF Rankings, supra note 15, at 20. 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. [235] Court-ordered forfeiture provisions are limited to certain species. [43] The FBI now officially recognizes a link between animal abuse and violent crime and has begun collecting data on animal abuse. Kentucky Down Under is an Australia-themed animal park located in Horse Cave, Kentucky, United States.. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. Summary: Kentucky has amended its law prohibiting veterinarians from reporting suspected animal cruelty. One strength of Illinois animal protection laws is the definitions and standards of care implemented in the Act. Because states can change their laws at any time, its always a good idea to check the current statutes by using this search tool. 70/3.01, 70/3.02 (West 2018). [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/. More than 100 animals were seized from the home including more than 70 dogs, kittens,. Stat. 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. [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. [229] Illinois torture statute mandates such evaluations. [3] Lad was shot in the mouth several times before finally running away from home. Another reason Illinois ranks so highly in ALDFs rankings is the states multitude of felony provisions available for offenders. [93] Best and Worst States for Animal Protection Laws, 2017 Report Released, Animal Legal Defense Fund, (Jan. 18, 2018). [2] Milan Kundera, The Unbearable Lightness of Being 289 (1999). [105] ALDF Rankings, Supra note 15, at 11. [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. We should instead focus on the abusive nature of the perpetrator. 70/3.03 (West 2018). Finally, in Section five, this Note pleads for change in Kentuckys laws to improve overall animal welfare by strengthening current laws. [36] A pet fits somewhere between a person and a piece of personal property. Section two also addresses the need to recognize animals as more than mere property and explores the correlation between animal cruelty and human violence. These animals must have proof of up-to-date rabies vaccinations. Animal Protection Laws Rankings, Animal Legal Defense Fund, http://aldf.org/wp-content/uploads/2018/01/Rankings-Report-2017_FINAL.pdf. [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. 70/3 (LexisNexis 2017). By not taking animal welfare issues seriously, local governments are sending the message that animal protection laws are insignificant and unimportant. This was the case with Lad, a border collie from Daviess County, Kentucky. 532.020 (LexisNexis 2017); Ky. Rev. 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. Ann. 3 The Animal Welfare Act may be found at 7 U.S.C . 6/26/18 Owners came home and took the tarp down. In order for the state to improve as a whole, it is imperative that local governments begin enhancing their regulations, otherwise change will not transpire.Kentucky has a long way to go in improving its ranking as the worst state for animal protection laws. Ann. Exclusions under this section include, among others, the killing of animals when hunting . [191] In even-numbered years, sessions may not exceed sixty legislative days. What are the different Martindale-Hubbell Peer Review Ratings?*. 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. 70/2.01(West 2018). [184] Telephone Interview withVicki Deisner, Midwest Legislative Director, ASPCA (2017, Jan. 16). Ann. Animal welfare bills are extremely difficult to move through legislation. 1, effective June 29, 2017. Kentucky exempts hunting, fishing, trapping, and genuine research from its animal cruelty laws. [97] 510 Ill. Comp. The good news is, Kentucky has nowhere to go but up.[241]. [185] One reason for this is that animals are in competition with other critical human issues, which are pertinent in Kentucky. 74,950 were here. In addition to the animal cruelty laws listed above, Kentucky has specific laws that apply to the treatment of companion dogs and cats. [191] Legislative Branch of Government, Legislative Research Commission, http://www.lrc.ky.gov/legproc/lbranch.htm (last visited Feb. 19, 2018). Stat. T. L, Ch. [128] 510 Ill. Comp. [239]Kentuckys current statutory stance on animal protection is unacceptable. of this site is subject to additional [28] Francione, supra note 22 at xxiv-xxv. Illinois statutes provide for broad enforcement and wide-ranging authority to protect its animals. Local county governments must address inadequate shelters and provide proper funding. [38] It is up to legislatures to prescribe regulations abridging the recognition of animals as mere property. Stat. Stat. The 11-year-old ambushed and killed three kindergarten kids as well as two adults. A number of Kentuckys legislators and humane officers have stated that Kentuckys legislative process and the inadequacy of local governments to dedicate resources to animal protection, among other things, significantly contribute to the states poor stance on animal protection laws.[183]. This is the third article about Kentucky issues. [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]. In Kentucky, psychological counseling is only required for people convicted of sexually assaulting an animal. [172] Illinois is not the only state with superior felony provisions. [148]Animal, as defined under Ky. Rev. Posted on March 3, 2022. 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. [23] Animals are viewed as commodities that we own and have no value other than that which we, as property owners, assign to them. Not surprisingly, for the eleventh year in a row, Kentucky has ranked last in the Animal Legal Defense Funds (ALDF) Animal Protection Laws Rankings. [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). 446.010 (LexisNexis 2017). Stat. [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. [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. Other titles contain numerous provisions . Stat. [8]The prosecution did not believe they could secure a conviction in Beauchamps trial due to Kentuckys problematic felony torture statute, Ky. Rev. [231] Kentucky has no law that increases penalties when abuse is committed in the presence of a minor or involves multiple animals. [206] This number is down from 2015, in which 16.7% of the seats consisted of women. Animal Protection Laws Rankings, Animal Legal Defense Fund, http://aldf.org/wp-content/uploads/2015/12/Rankings-Report-2015.pdf. 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). [225] Samantha D. E. Tucker, No Way to Treat Man's Best Friends: The Uncounted Injuries of Animal Cruelty Victims, 19 Animal L. 151, 158 (2012) (describing laws on owning future pets after being convicted of animal abuse). 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. Do Not Sell or Share My Personal Information. Ann. Stat. [44] Tracking Animal Cruelty, FBI (Feb. 1, 2016), https://www.fbi.gov/news/stories/-tracking-animal-cruelty. 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. [234] There are no cost mitigation or recovery provisions for impounded animals. 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. [14] Id. 525.135 (West 2017). Ann. 70/3.02 (West 2018). Anyone who intentionally tortures a dog or cat without a legal reason will be charged with a felony if the animal was seriously injured or died. Ann. I would like to thank my mom for instilling in me her love and appreciation for animals as well as Sable, Badger and Ruger for showing me the capacity animals have in showing love and appreciation for their rescuers. [12] Like Beauchamp, Browning walked away with no jail time. Kentucky Down Under Adventure Zoo | Mammoth Onyx Cave | Horse Cave COME AND PET A KANGAROO! Ann. [111] Under Section 3.03, a person convicted of animal torture is guilty of a Class 3 felony. Ann. 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. [230] 510 Ill. Comp. Stat. PLAN YOUR VISIT ATTRACTIONS & EXHIBITS ZOO MEMBERSHIP TICKETS RESERVE A GOLF CART HISTORY JOB BOARD CONTACT More [125] 510 Ill. Comp. [228] Other Illinois statutes provide that courts may order convicted persons to undergo psychological or psychiatrist evaluations. August 22, 2018. Stat. 6/25/18 I gave the dogs food and water and noticed a open wound from scratching on black dogs left front shoulder. [48] Golden trained by shooting dogs. [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. [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/. (Animal Legal Defense Fund) [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. 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. [68] In fact, she was loved by the community, and was known not to have a mean bone in her body. Dog (per KRS 258.095) means any domestic canine, six (6) months of age or older. [161] Ky. Rev. The national nonprofit assists in cases like the bust at a home in McCracken County, Kentucky in April. [30]An annoyed neighbor picked up Hair Bear and delivered him to the county dog warden, where Hair Bear was shot and killed. Ky. July 31, 2012). Stat. Ann. [178] Fifteen states require veterinarians to report suspected abuse. Ann. at 4, 12, 19 (explaining that Kentucky has court ordered forfeiture laws for only equine). [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. Astonishingly, Chapter 525 is titled: Riot, Disorderly Conduct, and Related Offenses.[141] Chapter 525 includes offenses such as loitering, public intoxication, and unlawful assembly [142] The chapter associates the highest form of animal cruelty with riot, disorderly conduct, and related offenses as if animal cruelty in its highest form is simply disorderly conduct. I called animal control. [150] When LFACC investigated the premises, only four of the snakes were found alive. [101] 510 Ill. Comp. Kentucky lacks felony provisions for animal cruelty, including neglect, sexual assault, and abandonment of an animal. [160] The maximum sentence for cruelty to animals in the second degree is a mere twelve months in jail, and fines do not exceed $500. [166] The defendant was found guilty of nine counts of cruelty to animals in the second degree. Lets use our passion and harness all the energy weve mustered for this and use it to change laws and make it easier to investigate and prosecute.[74]In order to devise its annual report, the ALDF comprehensively surveys animal protection laws of the Unites States and territories. [112] Finally, a person who uses an animal in entertainment in violation of certain subsections of 70/4.01 is guilty of a Class 4 felony for the first offense, with subsequent offenses being a Class 3 felony. Ann. [15] 2017 U.S. [188] Furthermore, parts of Kentucky maintain the traditional view that animals are property to be utilized.[189] Some legislatures reflect these same views and may not view animals as important enough to protect beyond current laws written to protect property. [170] Unless a sexually assaulted animal is physically injured, the offender cannot be adequately prosecuted. Ann. [11] See Lad, supra note 8; Daniel Hurst, Pretrial Diversion in Kentucky, Hurst & Hurst, Attorneys at Law (Mar. 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