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. 1, effective June 29, 2017. 525. [197] These states have time to present bills and to hear out all interested parties. 436.605 (West 2017). [159] Torture of dogs and cats is covered by Ky. Rev. [190]Additionally, Kentuckys legislative process itself plays an imperative role in the states position on animal welfare. RESERVATIONS: Please contact our Group Coordinator at groups@kentuckydownunder.com or call 270-786-1010. 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. 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. [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]. Perfect for all ages, Kentucky Down Under is an unforgettable experience that will expose you to a variety of animals in their natural habitats. 446.010(2) (West 2017). From the ominously slow-moving sloths and tortoises to dingoes and wolves, this amazing zoo has something to awe and inspire everyone. [94] Animal Legal Defense Fund, Supra note 15. ; Sara Celi, 49 Dead Horses Found on Pendleton Co. Farm, FOX19 Now (last visited Mar. dummy. [71] See 2 Juveniles Arrested in Connection to Video Showing Dog Being Kicked, LEX18, (Jan. 13, 2017, 12:22 PM), http://www.lex18.com/story/34241472/owner-upset-after-teen-kicks-dog. [228] Other Illinois statutes provide that courts may order convicted persons to undergo psychological or psychiatrist evaluations. Torture of only a dog or cat is simply a misdemeanor and only rises to a Class D felony for subsequent offenses if the dog or cat suffers physical injury as a result of the torture or if the dog or cat suffers serious physical injury or death as a result of the torture.[158]Cruelty to any animal other than a dog or cat is just a misdemeanor in Kentucky. Ann. [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. Animal Protection Laws Rankings, Animal Legal Defense Fund, http://aldf.org/wp-content/uploads/2018/01/Rankings-Report-2017_FINAL.pdf. Stat. Cat (per KRS 258.095) means any domestic feline three (3) months of age or older. The state puts local governments in charge of dog licensing requirements. Kentucky Down Under is an Australia-themed animal park located in Horse Cave, Kentucky, United States. [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. Stat. Under Section 3.0 of the Act, a person convicted of aggravated cruelty is guilty of a Class 4 felony. [52] He threw cats into bonfires. [210]Many local governments are unwilling to spend money on appropriate shelters. A first offense is often a Class A misdemeanor. [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. As Katie Brophy argues, male legislators by [and] large have little interest whatsoever in animal protection issues.[202]Anecdotal evidence suggests that men are a harder sell when it comes to promoting awareness of animal welfare issues.[203] Studies demonstrate that women are more sympathetic than men towards animal welfare and are less supportive of animal research. PLAN YOUR VISIT ATTRACTIONS & EXHIBITS ZOO MEMBERSHIP TICKETS RESERVE A GOLF CART HISTORY JOB BOARD CONTACT More [23] Animals are viewed as commodities that we own and have no value other than that which we, as property owners, assign to them. Stat. 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. Kentucky has continuously brought up the rear for being one of the worst states in the U.S. for animal welfare laws. 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. McGill. Ann. [41] One study showed that 75% of prison inmates charged with violent crimes had an early record of animal cruelty. [128] 510 Ill. Comp. One strength of Illinois animal protection laws is the definitions and standards of care implemented in the Act. [205] Claire Sterling, Is Animal Welfare Womens Work?, ASPCA (Nov. 11, 2015), http://www.aspcapro.org/blog/2015/11/10/animal-welfare-womens-work. 525.125 fails to include an express requirement that shelter must be provided for an animal. Kentucky Down Under is an Australia-themed animal park located in Horse Cave, Kentucky, United States.. Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. 321.185 (West 2017) (this is in place to protect client confidentiality). [1] University of Kentucky College of Law, J.D. [199] According to some legislators, these groups fear a potential slippery slope if animal welfare laws are passed. [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. [208] See Women in State Legislatures for 2014, National Conference of State Legislatures (Apr. Ann. Finally, in Section five, this Note pleads for change in Kentuckys laws to improve overall animal welfare by strengthening current laws. 1, 2023 at 11:08 AM PST | Updated: seconds ago. 70/1(West 2018). [147] 510 Ill. Comp. [184] Telephone Interview withVicki Deisner, Midwest Legislative Director, ASPCA (2017, Jan. 16). Kentucky state law requires dogs, cats, and ferrets to be vaccinated against rabies by the time they are four months old. [152] LFACC was unable to bring charges against the previous owners of the snakes due to Ky. Rev. FRANKFORT, Ky. Changes to Kentucky's animal cruelty laws could be on the way under a new House bill. Ann. 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. The content of the responses is entirely from reviewers. [31] The warden testified he routinely destroyed impounded dogs by shooting them in the head. Ann. 70/2.01(West 2018). [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. 70/3.01, 70/3.02 (West 2018). [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. [108] 510 Ill. Comp. [13] In addition, the plea agreement raised doubt as to the effectiveness in preventing Browning from having other horses in his possession. [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. If local county governments are unwilling to implement adequate animal welfare regulations, then trying to effect change on a statewide level is virtually impossible. Bill Austin was manager of Mammoth Onyx Cave (which was later renamed Kentucky Caverns), which his grandfather had purchased in . Ann. There's No Getting Around It: Supporting Today's Kentucky Derby Means Supporting Animal Cruelty and Animal Killing May 7, 2022 Today is Kentucky Derby Day, a day in which the The Big Lie is at its most obscene. II.B. 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). Stat. 70/2.09 (West 2018). 70/3 (LexisNexis 2017). [54] He tortured his own dog to death. 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. Stat. [101] 510 Ill. Comp. . Stat. (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. Ann. 70/22.10 (West 2018). 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. Do Not Sell or Share My Personal Information. [127] 510 Ill. Comp. [16] Recent surveys demonstrate that 68 percent of United States households own a pet, equivalent to 84.6 million homes. Ann. [128]An example of an officers broad authority is found in Thornton. Ann. 70/3.06 (West 2018). [235] Court-ordered forfeiture provisions are limited to certain species. 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 . A total of 141 animals were seized. But the states animal protection laws are less comprehensive and weaker than comparable laws in many other parts of the country. A majority of households contain at least one animal. [70] Telephone Interview with Susan Malcomb, President of Lexington Humane Society. Ann. [3] Lad was shot in the mouth several times before finally running away from home. of this site is subject to additional [5] After a grueling four-month recovery battle, Lad passed away. [121] Baby chicks or ducklings may not be sold, given away as pets or novelties, or awarded as prizes. Stat. Stat. Envision the dog with multiple gunshot wounds to the face, left in this condition to die an excruciatingly tortuous death over sixseven days. 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. One of the most children friendly places we'd ever been. The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. Ann. For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. Stat. [66] One viewer watched, was appalled, and stated, I mean, she went up in the air and just come [sic] down and . Because of the states glaring lack of adequate animal protection laws, the Bluegrass State has had the unenviable distinction as best state in the country to be an animal abuser for [ten] years in a row.[240] As of now, Kentuckys laws make it difficult to seek justice. Part I , Kentucky ALDL Rating appeared in our October 2018 newsletter. 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. [166] The defendant was found guilty of nine counts of cruelty to animals in the second degree. [174], III.B.3 Kentuckys Humane Officers Lack Broad Enforcement Authority. 17, 2017), http://www.14news.com/story/25146393/indictment-in-shooting-of-collie-in-daviess-co-ky. [8] Lad, The Arrow Fund: Targeting Animal Cruelty (Aug. 25, 2014), http://thearrowfund.org/lad/. In doing so, the legislature should take animal issues more seriously. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. [80] ALDF Rankings, supra note 15, at 19. Ann. Spay/neuter funding could decrease the number of unwanted animals who end up in shelters, or on the streets posing a risk to public health and safety. 'Absolutely superb! 525.135 (West 2017). Your IP address is listed in our blacklist and blocked from completing this request. [20] Sue Manning, AP-Petside.com Poll: Many Pets Can Expect Holiday Gifts From Owners; Toys and Treats Lead List of Favorites, Associated Press (Nov. 8, 2011), http://ap-gfkpoll.com/featured/holiday-gifts-topline. Ann. [38] See generally, Deisner, supra note 22. Check with your citys animal control department for information about these local rules. [38] It is up to legislatures to prescribe regulations abridging the recognition of animals as mere property. [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. [230] 510 Ill. Comp. [201]Gender differences may also contribute to the lack of animal protection laws getting moved through legislation. [237] There are no provisions granting agencies/professions immunity from reported suspected animal abuse, and in fact veterinarians are prohibited from reporting suspected animal cruelty. Another reason Illinois ranks so highly in ALDFs rankings is the states multitude of felony provisions available for offenders. [50] Kinkle tortured animals as a pastime. Stat. Imagine discovering a critically mangled, grossly underweight eight-month-old dog on the side of the road. [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. 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. confidential relationship is or should be formed by use of the site. [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]. [48] Golden trained by shooting dogs. 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. 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. [104] 510 Ill. Comp. Advocates worked for years to change this law, which had good intentions regarding personal privacy but unintended consequences for animal victims of abuse. 181, sec . (Animal Legal Defense Fund) [37] For decades, animal activists have tried to chip away at this property status as a means of attaining some kind of rights for animals. Distinguished: An excellent rating for a lawyer with some experience. [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. [19] In 2011, 51% of those polled said that they purchase holiday gifts for their pet, a relatively stable number. -- Amended 2003 Ky. Acts ch. 5/12-35 makes sexual conduct or sexual contact with an animal guilty of a Class 4 felony. | Updated: seconds ago Fund, http: //aldf.org/wp-content/uploads/2018/01/Rankings-Report-2017_FINAL.pdf away from home face, left this... To every living creature, domestic or wild the head so highly in ALDFs Rankings is the animal..., Midwest legislative Director, ASPCA ( 2017, Jan. 16 ) out all interested parties supportive of animal issues. ( Nov. 11, 2015 ), http: //www.aspcapro.org/blog/2015/11/10/animal-welfare-womens-work, 2015 ), http //www.aspcapro.org/blog/2015/11/10/animal-welfare-womens-work! 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