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Kentucky
Revised Statutes
(Regarding Animal Cruelty & Penalties)
257.100
Destruction of suffering, abandoned or hopelessly diseased
animal -- "Abandoned" defined.
258.245
Dogs with rabies vaccination and identification considered
personal property -- Destruction prohibited.
427.060
Use of reptiles in religious services.
436.185
Exhibition of walking horse where the horse's front legs or
hoofs show evidence of burns, drugs, lacerations or any pain
inflicting device.
436.605
Animal control officers and humane agents have powers of peace officers, except power of arrest -- Search warrants -- Execution of search warrants -- Arrest by peace officer.
446.010
Definitions for statutes generally.
525.125
Cruelty to animals in the first degree
525.130
Cruelty to animals in the second degree -- Exemptions
525.135
Torture of dog or cat
525.200
Assault on a service animal in the first degree
525.205
Assault on a service animal in the second degree
257.100
Destruction of suffering, abandoned or hopelessly diseased
animal -- "Abandoned" defined.436.185
Exhibition of walking horse where the horse's front legs or
hoofs show evidence of burns, drugs, lacerations or any pain
inflicting device.
(1) Any peace officer or any
officer of the accredited humane society or society for the
prevention of cruelty to animals may destroy or kill or
cause to be destroyed or killed, any animal found abandoned
and suffering and not properly cared for, or appearing to be
injured, diseased or suffering past recovery for any useful
purpose.
(2) Before destroying the
animal the officer shall obtain the judgment to that effect
of a veterinarian, or of two (2) reputable citizens called
by him to view the animal in his presence, or shall obtain
consent to the destruction from the owner of the animal.
(3)
(a) Any animal placed in
the custody of a licensed veterinarian for treatment,
boarding or other care, which shall be unclaimed by its
owner or his agent for a period of more than ten (10) days
after written notice by certified mail, return receipt
requested, is given the owner or his agent at his last
known address, shall be deemed to be abandoned and may be
turned over to the nearest humane society, dog pound or
animal shelter or disposed of as such custodian may deem
proper.
(b) The giving of notice to
the owner, or the agent of the owner of such animal by the
licensed veterinarian, as provided herein shall relieve
the licensed veterinarian and any custodian to whom such
animal may be given of any further liability for disposal.
(4) For the purpose of this
section, the term "abandon" shall mean to forsake
entirely, or to neglect or refuse to provide or perform the
legal obligations for care and support of an animal by its
owner, or his agent. Such abandonment shall constitute the
relinquishment of all rights and claims by the owner to such
animal.
258.245
Dogs with rabies vaccination and identification considered
personal property -- Destruction prohibited.
All dogs that have a valid
rabies vaccination and bear identification are hereby
declared to be personal property and subjects of
larceny. Except as provided in KRS 258.235, it shall
be unlawful for any person except a peace officer or animal
control officer to destroy, or attempt to destroy, and dog
that bears identification.
437.060
Use of reptiles in religious services.
Any person who displays,
handles or uses any kind of reptile in connection with any
religious service or gathering shall be fined not less than
fify dollars ($50) nor more than one hundred dollars ($100).
436.185
Exhibition of walking horse where the horse's front legs or
hoofs show evidence of burns, drugs, lacerations or any pain
inflicting device.
(1)
(a) The term "walking
horse" as used in this section shall be construed to
include only that breed of horses known as walking horses.
(b) The term
"handler" as used in this section shall be
construed to mean that person or persons who are in charge
of grooming, preparing and readying said horse for
competition.
(2) No walking horse shall be
permitted to compete or exhibit in any exhibition or fair
either for profit or pleasure, if said horse's front legs or
hoofs show evidence of burns, drugs, lacerations, any sharp
pointed instrument, or any pain inflicting device.
(3) It shall be the duty of
the assigned ringmaster in charge of any such exhibition or
competition to properly inspect the front legs and hoofs of
each entry in each class or event. Said inspection shall be
for the purpose of determining whether there is any evidence
of burns, drugs, lacerations, any sharp pointed instrument,
or any pain inflicting device appearing on said animal.
(4) If any such evidence
appears to the satisfaction of the ringmaster, he shall
immediately bar said horse from competition, and notify the
sheriff of said county of said violation. The handler of
said horse shall be fined not less than ten dollars ($10)
nor more than one hundred dollars ($100) or imprisoned for
ten (10) days or both. For the second and each subsequent
offense he shall be imprisoned for thirty (30) days.
(5) Any ringmaster who fails
to perform these duties, and permits the commission of any
of the offenses stated in subsection (2), shall be fined not
less than ten dollars ($10) nor more than one hundred
dollars ($100) for each offense allowed.
(6) This section shall in no
wise repeal any laws of the Commonwealth of Kentucky on the
subject of cruelty to animals and shall be construed by the
courts as supplementary thereto.
436.605
Animal control officers and humane agents have powers of peace officers, except power of arrest -- Search warrants -- Execution of search warrants -- Arrest by peace officer.
(1) Dog wardens and officers
and agents of humane societies shall have the powers of
peace officers for the purpose of enforcing the provisions
of the Kentucky Revised Statutes relating to cruelty and
mistreatment of animals, provided they possess the
qualifications required under KRS 61.300.
(2) Any peace officer, or any
officer or agent of any society or association for the
prevention of cruelty to animals duly incorporated under the
laws of this Commonwealth, who shall make oath before any
judge of a District Court that he has reasons to believe or
does believe that an act of cruelty to animals is being
committed in a building, barn or other enclosure, the said
judge shall thereupon on proof of demand having been made,
issue a search warrant directed to any peace officer, or any
officer or agent of any society or association for the
prevention of cruelty to animals duly incorporated under the
laws of this Commonwealth or other peace officer to search
the said premises, and if upon such search it is found that
an act of cruelty to animals is being perpetrated to
forthwith arrest such offender or offenders and bring him or
them before the said court for trial.
446.010
Definitions for statutes generally.
As used in the statute laws
of this state, unless the context requires otherwise:
(2) "Animal"
includes every warm-blooded living creature except a human
being;
(6) "Cattle"
includes horse, mule, ass, cow, ox, sheep, hog, or
goat of any age or sex.
(9) "Cruelty" as
applied to animals includes every act or omission whereby
unjustifiable physical pain, suffering, or death is caused
or permitted;
(12) "Domestic
animal" means any animal converted to domestic habitat;
(16) "Humane
society," "society," or "Society for the
Prevention of Cruelty to Animals," means any nonprofit
corporation, organized under the laws of this state and
having as its primary purpose the prevention of cruelty to
animals;
(23) "Owner" when
applied to any animal, means any person having a property
interest in such animal;
(24) "Peace
officer" includes sheriffs, constables, coroners,
jailers, metropolitan and urban-county government
correctional officers, marshals, policemen, and other
persons with similar authority to make arrests;
525.125
Cruelty to animals in the first degree
(1) The following persons are guilty of cruelty to
animals in the first degree whenever a four-legged animal is
caused to fight for pleasure or profit:
(a) The
owner of the animal;
(b) The owner of the property on which the fight is
conducted if the owner knows of the fight;
(c) Anyone who participates in the organization of
the fight.
(2) Activities
of animals engaged in hunting, field trials, dog training,
and other activities authorized either by a hunting license
or by the Department of Fish and Wildlife shall not
constitute a violation of this section.
(3) Cruelty to animals in the first degree is a Class D
felony.
525.130 Cruelty to animals in the second degree -- Exemptions
(1) A person is guilty of cruelty to animals in the
second degree when except as authorized by law he
intentionally or wantonly:
(a) Subjects
any animal to or causes cruel or injurious mistreatment
through abandonment, participates other than as provided
in KRS 525.125 in causing it to fight for pleasure or
profit (including, but not limited to being a spectator or
vendor at an event where a four (4) legged animal is
caused to fight for pleasure or profit) mutilation,
beating, torturing any animal other than a dog or cat,
tormenting, failing to provide adequate food, drink,
space, or health care, or by any other means;
(b) Subjects any animal in his custody to cruel
neglect; or
(c) Kills any animal other than a domestic animal
killed by poisoning. This paragraph shall not apply to
intentional poisoning of a dog or cat. Intentional
poisoning of a dog or cat shall constitute a violation of
this section.
(2) Nothing
in this section shall apply to the killing of animals:
(a) Pursuant
to a license to hunt, fish, or trap;
(b) Incident to the processing as food or for other
commercial purposes;
(c) For humane purposes;
(d) For veterinary, agricultural, spaying or
neutering, or cosmetic purposes;
(e) For purposes relating to sporting activities,
including but not limited to horse racing at organized
races and training for organized races, organized horse
shows, or other animal shows;
(f) For bona fide animal research activities of
institutions of higher education; or a business entity
registered with the United States Department of
Agriculture under the Animal Welfare Act or subject to
other federal laws governing animal research;
(g) In defense of self or another person against an
aggressive or diseased animal;
(h) In defense of a domestic animal against an
aggressive or diseased animal;
(i) For animal or pest control; or
(j) For any other purpose authorized by law.
(3) Activities
of animals engaged in hunting, field trials, dog training
other than training a dog to fight for pleasure or profit,
and other activities authorized either by a hunting license
or by the Department of Fish and Wildlife shall not
constitute a violation of this section.
(4) Cruelty to animals in the second degree is a Class
A misdemeanor.
525.135
Torture of dog or cat
(1) As used in this section,
unless the context otherwise requires, "torture"
means the intentional infliction of or subjection to extreme
physical pain or injury, motivated by an intent to increase
or prolong the pain of the animal.
(2) A person is guilty of
torture of a dog or cat when he or she without legal
justification intentionally tortures a domestic dog or cat.
(3) Torture of a dog or cat
is a Class A misdemeanor for the first offense and a Class
D felony for each subsequent 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.
(4) Nothing in this section
shall apply to the killing or injuring of a dog or cat:
(a) In accordance with a
license to hunt, fish, or trap;
(b) For humane purposes;
(c) For veterinary,
agricultural, spaying or neutering, or cosmetic purposes;
(d) For purposes relating to
sporting activities including but not limited to training
for organized dog or cat shows, or other animal shows in
which a dog or a cat, or both, participate;
(e) For bona fide animal
research activities, using dogs or cats, of institutions of
higher education; or a business entity registered with the
United States Department of Agriculture under the Animal
Welfare Act or subject to other federal laws governing
animal research;
(f) In defense of self or
another person against an aggressive or diseased dog or cat;
(g) In defense of a domestic
animal against an aggressive or diseased dog or cat;
(h) For animal or pest
control; or
(i) For any other purpose
authorized by law.
(5) Activities of animals
engaged in hunting, field trials, dog training other than
training a dog to fight for pleasure or profit, and other
activities authorized either by a hunting license or by the
Department of Fish and Wildlife Resources shall not
constitute a violation of this section.
(6) The acts specified in
this section shall not constitute cruelty to animals under
KRS 525.125 or 525.130.
Effective: July
15, 2008
History: Amended
2008 Ky. Acts ch. 136, sec. 1, effective July 15, 2008. --
Created 2003 Ky. Acts ch. 181, sec. 1, effective June 24,
2003.
Legislative Research
Commission Note (6/24/2003).
In subsection (4)(e) of this section, the redundant words
"activities of" have been deleted before the
phrase "bona fide animal research activities."
525.200
Assault on a service animal in the first degree
(1) A
person is guilty of assault on a service animal in the first
degree when he intentionally and without legal justification
or lawful authority kills or causes physical injury to a
service animal to the extent that a service animal becomes
physically incapable or ever returning to service.
(2) Assault on a
service animal in the first degree is a Class D felony.
525.205
Assault on a service animal in the second degree
(1) A person is
guilty of assault on a service animal in the second degree
when he intentionally and without legal justification or
lawful authority causes physical injury to a service animal.
(2)
Assault on a service animal in the second degree is a Class
B misdemeanor.
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