2018 Kentucky Revised Statutes CHAPTER 525 - RIOT, DISORDERLY CONDUCT, AND RELATED OFFENSES .130 Cruelty to animals in the second degree -- Exemptions -- Offense involving equines.
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525.130 Cruelty to animals in the second degree -- Exemptions -- Offense
involving equines.
(1)
(2)
(3)
(4)
(5)
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.
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.
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.
Cruelty to animals in the second degree is a Class A misdemeanor.
If a person is convicted of or pleads guilty to an offense under subsection (1) of
this section arising from the person's treatment of an equine, the court may
impose one (1) or both of the following penalties against the person, in addition
to fines and imprisonment:
(a) An order that the person pay restitution for damage to the property of
others and for costs incurred by others, including reasonable costs, as
determined by agreement or by the court after a hearing, incurred in
feeding, sheltering, veterinary treatment, and incidental care of any
equine that was the subject of the offense resulting in conviction; or
(b) An order terminating or imposing conditions on the person's right to
possession, title, custody, or care of any equine that was the subject of
the offense resulting in conviction.
If a person's ownership interest in an equine is terminated by a judicial order
under paragraph (b) of this subsection, the court may order the sale,
conveyance, or other disposition of the equine that was the subject of the
offense resulting in conviction.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 145, sec. 1, effective June 29, 2017. -Amended 2003 Ky. Acts ch. 181, sec. 2, effective June 24, 2003. -- Amended
1992 Ky. Acts ch. 463, sec. 66, effective July 14, 1992. -- Amended 1984 Ky.
Acts ch. 67, sec. 1, effective July 13, 1984. -- Created 1974 Ky. Acts ch. 406,
sec. 223, effective January 1, 1975.
Legislative Research Commission Note (3/30/90) The definition of "animal"
contained in KRS 446.010(2) does not reflect the amendatory language
contained in Senate Bill 263 of the 1980 Regular Session of the Kentucky
General Assembly because the 1980 Senate Journal indicates that Senate Bill
263 was vetoed by Governor John Y. Brown, Jr., on April 9, 1980, and
recommitted by action of the Senate to its Committee on Appropriations and
Revenue on April 14, 1980. Senate Bill 263 proposed to change KRS
446.010(2) to read as follows: " 'Animal' includes every warmblooded living
creature except birds and human beings;". By a letter dated March 16, 1990, the
Attorney General has informally opined that Governor Brown's veto of Senate
Bill 263 was not timely; that letter has exhibits showing that the bill was received
by the Governor on March 28, 1980, and that his veto was received by the
Senate Clerk on April 10, 1980.
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