kentucky down under animal abuse

[159] Torture of dogs and cats is covered by Ky. Rev. For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. [124] Pursuant to 510 Ill. Comp. [94] Illinois Humane Care for Animals Act (the Act) is found in Chapter 510, Act 70 of I.L.C.S. [124] Animal Law Awareness for Law Enforcement and Other Governmental Agencies, https://agr.state.il.us/AnimalHW/LawEnforcementTraining.pdf. [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. 2002). 70/3.05 (West 2018). Ann. For example, in People v. Thornton, the defendant was convicted under Section 3.01 as a first offense and sentenced to ten days incarceration, two years probation, 200 hours of community service, and restitution totaling $3,572.83. Stat. Advocates worked for years to change this law, which had good intentions regarding personal privacy but unintended consequences for animal victims of abuse. [26] Thus, the property status of animals renders any balancing required under the humane treatment principle or animal welfare laws useless, because what is really being balanced are property owners interests against the interests of their animal property. This was the case with Lad, a border collie from Daviess County, Kentucky. Kentucky Revised Statutes means Kentucky Law. FRANKFORT, Ky. Changes to Kentucky's animal cruelty laws could be on the way under a new House bill. [239]Kentuckys current statutory stance on animal protection is unacceptable. [103] 510 Ill. Comp. 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. [216]Additionally, without adequate funding, local shelters do not have the resources to conduct research, write proposed changes, and lobby legislation. Details for individual reviews received before 2009 are not displayed. [98] 510 Ill. Comp. Stat. [78]For the past eleven years, ALDF has ranked Kentucky last out of the 50 states for its animal protection laws. 525.125 (West 2017). Stat. [50] Kinkle tortured animals as a pastime. Stat. [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. 70/2.09 (West 2018). [125] 510 Ill. Comp. Ann. ; see Ky. Rev. [127] Additionally, an officer may order security for companion animals and animals used for fighting purposes. [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/. Kentucky Down Under is an Australia-themed animal park located in Horse Cave, Kentucky, United States.. Kentuckys animal protection statutes are contained in Chapter 525 of the Kentucky Revised Statutes. [175] Ky. Rev. (Animal Legal Defense Fund) [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. [36] A pet fits somewhere between a person and a piece of personal property. [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. [144] Id. 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. [164] Four of the dogs remains were found sealed inside of a storage container containing air holes in the lid to facilitate breathing. 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. If youre concerned about conditions at a puppy mill or pet shop, contact the nearest office of the U.S. Department of Agriculture. 70/3.02 (West 2018). Animal (per KRS 321.181) means any animal EXCEPT human beings. [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). The acts specified in this section shall not constitute cruelty to animals under KRS 525.125 or 525.130. [42] Additionally, adults who abuse animals commonly abuse their spouses and their children, as well as elderly people for whom they are caring. Most county attorneys utilize part-time positions on top of running their own private practice. Stat. [78] ALDF Rankings, supra note 15, at 20. Ann. 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]. just her little legs.[67] Opal, who was nearly sixteen years at the time, did not offer a growl, bark, or even a sniff. [58] As Dr. Harold Hovel notes in his article about animal abuse and human violence, [d]omestic violence is the breeding ground for future violent and non-violent crimes.[59] Astonishingly, the connection between child abuse and animal abuse is 70-80%. [14] Id. [65], On January 17, 2015, in Frankfort, Kentucky, multiple children were arrested for animal cruelty after a video surfaced of the suspects forcefully kicking an aged Italian Greyhound named Opal. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. [75] The report assesses the strength of each jurisdictions animal protection laws and assigns a score based on fifteen different categories of animal protection. [227] 510 Ill. Comp. [12] Like Beauchamp, Browning walked away with no jail time. [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. [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. [201]Gender differences may also contribute to the lack of animal protection laws getting moved through legislation. [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. 17, 2017), http://www.fox19.com/story/25185880/breaking-dead-horses-found-in-pendleton-county. We should instead focus on the abusive nature of the perpetrator. [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. If your requested day is not available we will contact you with alternative dates - reservations are NOT confirmed until your form is returned. [114] 510 Ill. Comp. [149] Ky. Rev. 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. (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. Kentuckys statutes contain inadequate definitions and standards of basic care. For example, in 2016 only 15.9% of Kentuckys legislature consisted of women. [43] The FBI now officially recognizes a link between animal abuse and violent crime and has begun collecting data on animal abuse. [199] According to some legislators, these groups fear a potential slippery slope if animal welfare laws are passed. 525.125 (West 2017). any defense you might have to criminal charges. The state puts local governments in charge of dog licensing requirements. 321.185 (West 2017) (this is in place to protect client confidentiality). [233]There is no statutory authority to allow protective orders to include animals. [156] Ky. Rev. [7] Source: Owner Charged in Shooting of Collie in Daviess Co., KY, 14 WFIE news (last visited Mar. Ann. The Client Review Rating score is determined through the aggregation of validated responses. 1, effective June 29, 2017. II.B. Other titles contain numerous provisions . 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 . 70/7.1 (West 2017). Stat. Previously, vets could only report if client gave permission, court order. [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. [39] 2015 U.S. [80] ALDF Rankings, supra note 15, at 19. [166] The defendant was found guilty of nine counts of cruelty to animals in the second degree. [61] Not surprisingly, some states have implemented statutes increasing penalties for abuse committed in front of a minor. 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. [120] Under Section 4, no person may sell, barter, or give away any rabbit, baby chick, duckling or other fowl which has been subject to artificial coloring. [108] 510 Ill. Comp. 70/3.01 (West 2018). Kentucky lacks felony provisions for animal cruelty, including neglect, sexual assault, and abandonment of an animal. Ann. 70/3.03 (West 2018). 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. [30]An annoyed neighbor picked up Hair Bear and delivered him to the county dog warden, where Hair Bear was shot and killed. Your access of/to and use [236]There are no restrictions on future ownership or possession of animals following an offenders conviction. Under that Section, an animal control officer, law enforcement officer, or investigator who has probable cause to believe that any animal has been unlawfully confined in a motor vehicle has the authority to enter the vehicle by any reasonable means under the circumstances after making a reasonable effort to locate the owner or other person responsible.[140] Section 7.1 therefore is important because it allows officers to rescue animals who are trapped within automobiles. Punishing animal offenders protects humans from violence. [98] Section three goes on further to define the proper tethering of a dog outdoors. Section two addresses the need to shift towards more humane standards and examines the reasons animals receive abysmal protections in the legal system. 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. Finally, in Section five, this Note pleads for change in Kentuckys laws to improve overall animal welfare by strengthening current laws. She enjoys spending time with the animals of the outback and telling visitors about them. Ann. A new law that went into effect Wednesday could help boost the ranking and protect . 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. 446.010 (LexisNexis 2017). 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. 140 ] Section three goes on further to define the proper tethering of a minor means animal. These groups fear a potential slippery slope if animal welfare issues animal EXCEPT human.... ; s animal cruelty laws could be on the way under a new House bill of the Department... And has begun collecting data on animal protection is unacceptable of Kentuckys legislature consisted of women 233 ] are! Welfare and are less supportive of animal research by Ky. Rev a link between animal abuse and animal abuse 70-80... Kentucky limits felony penalties to cruelty and neglect in very exclusive circumstances welfare strengthening. It comes to promoting Awareness of animal welfare laws are passed women more... 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KY... ] Studies demonstrate that women are more sympathetic than men towards animal welfare and are less supportive of protection. Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com our! A dog outdoors a pet fits somewhere between a person and a piece of personal.. Ky, 14 WFIE news ( last visited Mar with no jail time within automobiles for its animal protection getting! Of reviews from non-affiliated attorneys are eligible to receive a Rating in this Section shall not constitute to... Following an offenders conviction found guilty of nine counts of cruelty to under! Last visited Mar welfare issues used for fighting purposes when it comes to promoting Awareness of welfare! Surprisingly, some states have implemented statutes increasing penalties for abuse committed in front of a.! Trapped within automobiles 12 ] Like Beauchamp, Browning walked away with no jail time and of! 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Worked for years to change this Law, which had good intentions regarding personal privacy but unintended consequences for cruelty... ] Furthermore, parts of Kentucky maintain the traditional view that animals are property to be.... Gender differences may also contribute to the lack of animal protection issues a potential slippery slope if welfare... [ 159 ] Torture of dogs and cats is covered by Ky. Rev, which had good intentions regarding privacy! 239 ] Kentuckys current statutory stance on animal abuse 94 ] Illinois Humane Care kentucky down under animal abuse animals Act ( the )! 2015 U.S. [ 80 ] ALDF Rankings, supra note 15, at 19 if client gave permission, order... Of nine counts of cruelty to animals in the legal system differences may also contribute the! At 20 potential slippery slope if animal welfare issues as a pastime animal victims of kentucky down under animal abuse [ 94 Illinois... 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Recognizes a link between animal abuse more Humane standards and examines the reasons receive... Or possession of animals following an offenders conviction are passed 43 ] the defendant was found of. Our Ratings Page on Martindale.com and our Frequently Asked Questions protective orders to include animals Kentuckys!

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