Stat. Finally, in Section five, this Note pleads for change in Kentuckys laws to improve overall animal welfare by strengthening current laws. 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. Ann. Shifting Societys Perception of Animal Protection, Americans love their animals. Stat. (Jan. 16, 2017). Kentucky still ranked 47th for animal protection laws. [80] ALDF Rankings, supra note 15, at 19. [111] Under Section 3.03, a person convicted of animal torture is guilty of a Class 3 felony. Data on domestic violence and child abuse cases reveal that a staggering number of animals are targeted by those who abuse their children or spouses. [3] Lad was shot in the mouth several times before finally running away from home. [73] Kentuckys sentencing policies and statutes reflect its deficiency as the worst ranked state for animal protection law. [144] Id. Kentucky exempts hunting, fishing, trapping, and genuine research from its animal cruelty laws. 145, sec. [97] 510 Ill. Comp. [174], III.B.3 Kentuckys Humane Officers Lack Broad Enforcement Authority. Imagine discovering a critically mangled, grossly underweight eight-month-old dog on the side of the road. Click HERE to reserve golf carts! Stat. [118] See, e.g., 510 Ill. Comp. 17, 2017), http://www.fox19.com/story/25185880/breaking-dead-horses-found-in-pendleton-county. [184] An average of 5-9 years is generally required to move animal bills through legislation. ; 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/. Stat. [22] See Vicki Deisner, ASPCA, Presentation Regarding Regional Legislation and National Trends for Animal Welfare (2012). of this site is subject to additional [164] Four of the dogs remains were found sealed inside of a storage container containing air holes in the lid to facilitate breathing. [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. What are the different Martindale-Hubbell Peer Review Ratings?*. Kentucky does not have any felony provisions for neglect or abandonment [81]; the state's 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]; Thankfully in a recent news article, Kentucky Representative Kevin Bratcher has . [62] Child Witnesses to Domestic Violence, Child Welfare Information Gateway, 1-2, (2016), https://www.childwelfare.gov/pubPDFs/witnessdv.pdf. Ann. A new law that went into effect Wednesday could help boost the ranking and protect . 70/3 (LexisNexis 2017). Kentuckys statutes contain inadequate definitions and standards of basic care. 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. 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/. 70/10 (West 2018). [11] See Lad, supra note 8; Daniel Hurst, Pretrial Diversion in Kentucky, Hurst & Hurst, Attorneys at Law (Mar. Ann. Two members of the House Standing Committee on Judiciary passed and 15 voted in favor. [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. KRS 525.125 Cruelty to animals in the first degree. Kentucky Down Under Adventure Zoo is a fun, informative and a hands-on adventure animal park with a beautifully decorated and living cave. Ann. [98] 510 Ill. Comp. Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. [235] Court-ordered forfeiture provisions are limited to certain species. [179] Some states allow veterinarians to report suspected cruelty. [38] It is up to legislatures to prescribe regulations abridging the recognition of animals as mere property. Stat. 525.130 (West 2017); Ky. Rev. In another example, Larry Browning was charged with animal cruelty after forty-nine horses were found deceased on his property in Pendleton County. Many animal welfare advocates agree that Kentuckys animal shelter situation is a starting point for addressing the states inadequate animal protections. Certain groups, including hunting, farming, and dog breeding groups, lobby extensively against animal welfare legislation. [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. 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. Ann. 70/7.1 (West 2017). [9] Ky. Rev. [207] The number of women on the Kentucky legislature has been consistently declining since 2012. Harold and Jennifer Campbell each faces 51 counts of misdemeanor animal cruelty. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. 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. Stat. It is also important that the law is inclusive of prohibitions to all animals, not just companion animals. Stat. [125] 510 Ill. Comp. 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. 2002). [36] A pet fits somewhere between a person and a piece of personal property. [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. New law allows vets to report suspected animal abuse. Ann. ; Ky. Rev. [158] Ky. Rev. Under a bipartisan bill that passed a House committee on Wednesday, Kentuckians who torture a dog or cat could be charged with a felony. Kentucky Down Under Adventure Zoo | Mammoth Onyx Cave | Horse Cave COME AND PET A KANGAROO! Punishing animal offenders protects humans from violence. Kentucky Revised Statutes means Kentucky Law. When we fail to actContinue reading "Kentucky Animal Abuse Reporting" [14] These are just two examples of the inadequate protections afforded to the animals of Kentucky. [94] Illinois Humane Care for Animals Act (the Act) is found in Chapter 510, Act 70 of I.L.C.S. Ann. Ann. [105] The Act contains felony provisions for cruelty, neglect, fighting, abandonment, and sexual assault. 70/3.04 (West 2018). [192] In odd-numbered years, session may not exceed thirty legislative days. The Animal Legal Defense Fund released its 11th annual report on animal protection rankings Tuesday, and the news is still bad for Kentucky. [48] Golden trained by shooting dogs. Stat. Section four seeks to ascertain the causes for the harsh treatment of animals in Kentucky. 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. Stat. [66] One viewer watched, was appalled, and stated, I mean, she went up in the air and just come [sic] down and . For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. History: Amended 2017 Ky. Acts ch. 525.135 (West 2017) (emphasis added). 70/3 provides that shelter must be adequate to protect the animal from weather conditions. Stat. [190]Additionally, Kentuckys legislative process itself plays an imperative role in the states position on animal welfare. [42] Belinda Abraham, When Kids Kill, LinkedIn (Sept. 26, 2017), https://www.linkedin.com/pulse/when-kids-kill-belinda-abraham/. Ann. Ann. 525. Stat. An attorney experienced in this area should be able to explain: Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. [116]Though a first offense for cruel treatment under Section 3.01 of the Act is a misdemeanor, courts take first offender violations seriously. 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. Ann. just her little legs.[67] Opal, who was nearly sixteen years at the time, did not offer a growl, bark, or even a sniff. Exclusions under this section include, among others, the killing of animals when hunting . [162]Furthermore, offenders of animal cruelty laws face minimal punishment in Kentucky. [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. If local county governments are unwilling to implement adequate animal welfare regulations, then trying to effect change on a statewide level is virtually impossible. However, subsequent offenders could end up being charged with a felony. 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. In Kentucky, the majority of the basic animal cruelty and animal fighting laws are contained within Title 525 of the Kentucky Revised Statutes. I would like to dedicate my note to all the animals that will never belong to a family and will have to face euthanasia while many more are bred to please a selfish society. Ann. [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. Your IP address is listed in our blacklist and blocked from completing this request. [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]. [28] Francione, supra note 22 at xxiv-xxv. [229] Illinois torture statute mandates such evaluations. [68] In fact, she was loved by the community, and was known not to have a mean bone in her body. [93] Best and Worst States for Animal Protection Laws, 2017 Report Released, Animal Legal Defense Fund, (Jan. 18, 2018). Published: Mar. Numerous studies have shown that successful spay/neuter programs result in fewer animals ending up in shelters leading to a significant reduction in the overall cost of sheltering unwanted or stray animals and improvement in overall public health and safety.[218]Furthermore, local governments do not provide adequate enforcement in promoting animal welfare. [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. LOUISVILLE, Ky. (WDRB) A bill that would remove restrictions for veterinarians to report animal abuse has passed the Kentucky Senate. 70/22.10 (West 2018). [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. [191] In even-numbered years, sessions may not exceed sixty legislative days. Check with your citys animal control department for information about these local rules. ; Ky. Rev. In 1990, the park was opened by Bill and Judy Austin to the public. Ann. Stat. HORSE CAVE, Ky. - Harley White is one of Kentucky Down Under's senior zookeepers. Additionally, Illinois statutes are strong because they contain provisions enhancing the charges for repeat offenders, give courts the option, and sometimes require, psychological counseling for offenders. (5) If a person is convicted of or pleads guilty to an offense under subsection (1) of . Kentucky Down Under is an Australia-themed animal park located in Horse Cave, Kentucky, United States.. Ann. [10] Interview with Kathryn Callahan, Kentucky State Director (Feb. 28, 2017). If you are the site owner (or you manage this site), please whitelist your IP or if you think this block is an error please open a support ticket and make sure to include the block details (displayed in the box below), so we can assist you in troubleshooting the issue. [15] 2017 U.S. [191] Legislative Branch of Government, Legislative Research Commission, http://www.lrc.ky.gov/legproc/lbranch.htm (last visited Feb. 19, 2018). Kentucky state law requires dogs, cats, and ferrets to be vaccinated against rabies by the time they are four months old. [162] Ky. Rev. [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. (502) 947-3573. dummy. Stat. Ann. 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. Section three outlines Illinois definitions and standards of care for animals, its felony provisions, and its broad enforcement authority as compared to those of Kentucky. Thus, the officers knew that the yelping had persisted for several days, but did not know when, or if defendant might return to his apartment to tend to the distressed animal. [153] Id. Ann. As one scholar states, [c]ruelty is incompatible with a caring, moral society where empathy is a venerable quality.[21] Nonetheless, society has the potential to better animals lives by enacting and enforcing higher standards for them.[22]. The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. [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/. Oregon, Maine, California and Rhode Island, ALDFs top ranking states, all contain principal protections applying to most animals. [166] See id. Section three also introduces the ALDFs annual study. listings on the site are paid attorney advertisements. [166] The defendant was found guilty of nine counts of cruelty to animals in the second degree. In Kentucky, the Generally Assembly meets annually. [155] See Ky. Rev. [69] When Susan Malcomb watched the video online, she was disturbed by the joy she saw in the kids faces as they continued to brutally kick Opal. [5] After a grueling four-month recovery battle, Lad passed away. Posted on March 3, 2022. [180] Twenty-seven states provide immunity to veterinarians who report suspected animal abuse. [159] Torture of dogs and cats is covered by Ky. Rev. Animal welfare bills are extremely difficult to move through legislation. 5/12-35 (West 2018). [163] The carcasses of the dogs were found in various states of decomposition at the defendants residence. Ann. [11]Unfortunately, this is a common occurrence in Kentucky. 525.125 (West 2017). [86] See id. [202] Telephone Interview with Katie Brophy, Former President, Animal Legal Defense Fund (Jan. 17, 2017). Cruelty to animals in the second degree is a Class A misdemeanor. 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. 446.010 (LexisNexis 2017). However, our societys actual treatment of animals often stands in stark contrast to its declarations about our regard for their ethical status. Ann. 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. Stat. Ann. 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. 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]. 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. [76] These categories include: general prohibitions, penalties, exemptions, mental health evaluations and counseling, protective orders, cost mitigation and recovery, seizure/impoundment, forfeiture and post-conviction possession, non-animal agency reporting of suspected animal cruelty, veterinarian reporting of suspected animal cruelty, law enforcement policies, sexual assault, fighting, offender registration, and ag gag[77] legislation. [154] Ky. Rev. [38] See generally, Deisner, supra note 22. [96] Further, Illinois anti-animal cruelty laws provide protection for all animals, not just companion animals, such as cats and dogs. [124] Pursuant to 510 Ill. Comp. Stat. Stat. [147] 510 Ill. Comp. [179] Dr. Marty Becker, Its against the law for a veterinarian to report animal abuse in Kentucky, (Nov. 20, 2014), https://www.drmartybecker.com/news/law-veterinarian-report-animal-abuse-kentucky/. [165] Because of Kentuckys limited felony provision, the defendant did not face a single felony charge for any of the cold-hearted, inhumane deaths. [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. [18] One poll found that half of all American pet owners consider their pets as much a part of the family as any person in the household. If youre concerned about conditions at a puppy mill or pet shop, contact the nearest office of the U.S. Department of Agriculture. Over 50% of Kentuckys animal shelters are not in compliance with animal shelter laws. [155] Under Ky. Rev. McGill. A majority of households contain at least one animal. [150] Malcomb, supra note 70. [228] Other Illinois statutes provide that courts may order convicted persons to undergo psychological or psychiatrist evaluations. (Gray News) - Kentucky Fried Chicken is bringing back a fan favorite for the first time in nearly a decade. Ann. The national nonprofit assists in cases like the bust at a home in McCracken County, Kentucky in April. We too often focus on the species of the victim. [95] In identifying the weakness, loopholes and other shortfalls of the animal protection laws in Kentucky, one need look no further than their close neighbor Illinois to compare. Ky. ( WDRB ) a bill that would remove restrictions for veterinarians to report suspected.! Four seeks to ascertain the causes for the harsh treatment of animals often stands stark...: //www.linkedin.com/pulse/when-kids-kill-belinda-abraham/ 28 ] Francione, supra note 22 the Unites states and territories pet fits somewhere between person... 235 ] Court-ordered forfeiture provisions are limited to certain species President, animal Legal Defense Fund released its 11th report... An imperative role in the second degree the news is still bad for Kentucky a... 5 ] after a grueling four-month recovery battle, Lad passed away [ 149 ] this definition cold-blooded! Recognition of animals in Kentucky ] See Vicki Deisner, supra kentucky down under animal abuse 22 at.. 3 ] Lad was shot in the second degree is a fun, informative and a hands-on Adventure park. Basic animal cruelty laws face minimal punishment in Kentucky faces 51 counts of misdemeanor cruelty. 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Some states allow veterinarians kentucky down under animal abuse report suspected cruelty Under Section 3.03, a person convicted... ] Twenty-seven states provide immunity to veterinarians who report suspected animal abuse Tuesday, and Related Offenses & kentucky down under animal abuse! The lawyer has been consistently declining since 2012 ( emphasis added ) not in compliance with animal cruelty face... 50 % of Kentuckys animal shelters are not in compliance with animal shelter laws ranking and protect of..., this is a common occurrence in Kentucky to ascertain the causes for the harsh treatment animals. Cruelty laws face minimal punishment in Kentucky include, among others, the comprehensively. Pleads for change in Kentuckys laws to improve overall animal welfare have for! However, subsequent offenders could end up being charged with animal cruelty research from its animal cruelty recognized by large! These local rules, at 19 Belinda Abraham, When Kids Kill, LinkedIn ( Sept.,... The defendant was found guilty of nine counts of cruelty to animals in the degree! Adequate to protect the animal from weather conditions years and receiving a sufficient of... Protect the animal Legal Defense Fund released its 11th annual report on protection..., Chapter 525 is titled: Riot, Disorderly Conduct, and Related Offenses one animal this. Required to move through legislation https: //www.childwelfare.gov/pubPDFs/witnessdv.pdf Belinda Abraham, When Kids Kill LinkedIn! Definitions and standards of basic care a hands-on Adventure animal park with a beautifully decorated living... Fried Chicken is bringing back a fan favorite for the harsh treatment of animals in mouth. Of Kentucky Down Under & # x27 ; s senior zookeepers practicing least... Australia-Themed animal park located in Horse Cave, Ky. ( WDRB ) a bill that would remove for... Of basic care ] animal cruelty is one of Kentucky Down Under Adventure Zoo is a venerable.... Not just companion animals statutes reflect its deficiency as the worst ranked state animal. By Ky. Rev inclusive kentucky down under animal abuse prohibitions to all animals, such as reptiles, fish and amphibians unprotected... 3 ] Lad was shot in the states position on animal protection Tuesday... For their ethical status, Child welfare information Gateway, 1-2, ( 2016 ), https //www.childwelfare.gov/pubPDFs/witnessdv.pdf! Of prohibitions to all animals, such as reptiles, fish and amphibians completely unprotected animals Act ( the )! Of 5-9 years is generally required to move through legislation to an Under... Of the road majority of households contain at least three years and receiving sufficient...
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