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525.137 Sexual crimes against an animal.
(1)
(2)
(3)
(4)
(5)
As used in this section:
(a) "Animal" means any nonhuman creature; and
(b) "Sexual contact" means any act committed between a person and an animal
for the purpose of sexual arousal, sexual gratification, abuse, or financial gain
involving:
1.
Contact between the sex organs or anus of one and the mouth, sex
organs, or anus of another;
2.
The insertion of any part of the animal's body into the vaginal or anal
opening of the person; or
3.
The insertion of any part of the body of a person or any object into the
vaginal or anal opening of an animal without a bona fide veterinary or
animal husbandry purpose.
A person is guilty of sexual crimes against an animal if he or she:
(a) Engages in sexual contact with an animal;
(b) Advertises, solicits, offers, or accepts the offer of an animal, or possesses,
purchases, or otherwise obtains an animal, with the intent that the animal be
subject to sexual contact; or
(c) Causes, aids, or abets another person to engage in sexual contact with an
animal.
Sexual crimes against an animal is a Class D felony.
Nothing in this section shall apply to:
(a) Accepted veterinary practices;
(b) Artificial insemination of an animal for reproductive purposes;
(c) Accepted animal husbandry practices, including grooming, raising, breeding,
or assisting with the birthing process of animals or any other procedure that
provides care for an animal; or
(d) Generally accepted practices related to the judging of breed conformation.
In addition to the penalty imposed in subsection (3) of this section, the court shall
order a person convicted of violating this section to:
(a) Relinquish custody of all animals under the person's control. If the person
convicted of violating this section is not the owner of the animal that was the
subject of the violation, then the animal shall be returned to the owner of the
animal. An animal returned to an owner under this section shall not be spayed
or neutered prior to being returned;
(b) Not harbor, own, possess, or exercise control over any animal, reside in any
household where animals are present, or work or volunteer in a place where
the person has unsupervised access to animals for a minimum of five (5) years
after completion of the imposed sentence;
(c) Attend an appropriate treatment program or obtain psychiatric or
psychological counseling, at the person's expense; and
(d)
Reimburse the agency caring for the animal for reasonable costs incurred for
the care and treatment of the animal from the date of impoundment until the
disposition of the criminal proceeding.
Effective: June 27, 2019
History: Created 2019 Ky. Acts ch. 184, sec. 1, effective June 27, 2019.
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