Kentucky Animal Cruelty Crimes
Kentucky, like many states, dogs and cats are given special protections relative to other animals. Not surprisingly, Kentucky also has specialized statutes regarding cruelty to horses. The equine cruelty statutes are used to compensate the horse owner for damages, and to prevent those who harmed the horse from maintaining ownership of the horse.
In Kentucky, animal cruelty includes causing the animal to fight other animals (such as dog fighting), as well as typical signs of cruelty such as neglect, mutilation and torture. Interestingly, Kentucky’s main animal cruelty statute exempts dogs and cats from the torture statute. Instead, dogs and cats are given their own statute (KRS 525.135), which enhances the penalty to make it possible to charge someone with a Class D felony if the torture of a dog or cat results in serious physical injury or death to the animal.
In Kentucky, animal cruelty is always illegal. There are two degrees of animal cruelty:
- Animal Cruelty in the First Degree is a Class D felony.
- Animal Cruelty in the Second Degree is a Class A misdemeanor.
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If you have been charged with animal neglect or abuse, you need a team of experienced criminal defense attorneys focused on achieving the absolute best outcome for your case. Call and speak with a Cooley Iuliano Robey, PLLC attorney at 859-636-6803.
What are the penalties for Animal Cruelty in the First Degree in Kentucky?
Animal Cruelty in the First Degree is a Class D felony in Kentucky and carries a sentence of 1 – 5 years in prison. It can also carry a fine of up to $10,000.00.
What are the penalties for Animal Cruelty in the Second Degree in Kentucky?
Stalking in the Second Degree is a Class A misdemeanor in Kentucky and carries a sentence of 0 days – 12 months in jail. It can also carry a fine of up to $500.00.
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Our criminal defense attorneys at Cooley Iuliano Robey, PLLC are members of the National Association of Criminal Defense Lawyers, the National Trial Lawyers, America’s Top 100 Criminal Defense Attorneys and have experience practicing criminal defense cases just like yours throughout all of Kentucky.
Our team of lawyers will put their experience and reputation for success to work for you against your animal abuse charges.
When it comes to cruelty to animals crimes, you need attorneys who will fight for and assert your constitutional rights. Often times, these charges stem from sick animals being mistaken for neglected animals. Our team of lawyers will dedicate the time necessary to meet with you and to go through every detail of your case, as we lay the building blocks to your best defense!
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Want to know more? We have included Kentucky animal cruelty and animal abuse laws below.
(1) As used in this section:
(a) “”Dog”” means a domesticated canid of the genus canis lupus familiaris; and
(b) “”Dog fight”” or “”dog fighting”” means any event that involves a fight conducted or to be conducted between at least two (2) dogs for purposes of sport, wagering, or entertainment, except that the term “”dog fight”” or “”dog fighting”” shall not be deemed to include any activity the purpose of which involves the use of one (1) or more dogs in hunting or taking another animal.
(2) The following persons are guilty of cruelty to animals in the first degree:
(a) Whenever a dog is knowingly caused to dog fight for pleasure or profit:
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- The owner of the dog;
- The owner of the property on which the fight is conducted if the owner knows of the dog fight; and
- Anyone who participates in the organization of the dog fight; and
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(b) Any person who knowingly owns, possesses, keeps, trains, sells, or otherwise transfers a dog for the purpose of dog fighting.
(3) Activities of dogs engaged in hunting, field trials, dog training, 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.
(4) Activities of dogs engaged in working or guarding livestock shall not constitute a violation of this section.
(5) Cruelty to animals in the first degree is a Class D felony
If you or someone you care about has been charged with an animal cruelty charge in Kentucky, contact our reputable criminal defense lawyers or animal cruelty lawyers as soon as possible by calling 859-636-6803.
(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.
(5) 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.
If you or someone you care about has been charged with an animal cruelty charge in Kentucky, contact our reputable criminal defense lawyers or animal cruelty lawyers as soon as possible by calling 859-636-6803.
Animal Torture
(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.
If you or someone you care about has been charged with an animal cruelty charge in Kentucky, contact our reputable criminal defense lawyers or animal cruelty lawyers as soon as possible by calling 859-636-6803.
Assault of a Service Animal
(1) A person is guilty of assault on a service animal in the first degree when, without legal justification or lawful authority:
(a) He or she intentionally kills or causes serious physical injury to a service animal;
(b) He or she intentionally causes physical injury to a service animal by means of a deadly weapon or dangerous instrument; or
(c) He or she wantonly causes serious physical injury to a service animal by means of a deadly weapon or dangerous instrument.
(2) For the purposes of this section, “”service animal”” has the same meaning as in KRS 525.010, except that “”service animal”” does not include assistance dogs as in KRS 525.010(6)(h).
(3) Assault on a service animal in the first degree is a Class D felony.
If you or someone you care about has been charged with an animal cruelty charge in Kentucky, contact our reputable criminal defense lawyers or animal cruelty lawyers as soon as possible by calling 859-636-6803.
(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
If you or someone you care about has been charged with an animal cruelty charge in Kentucky, contact our reputable criminal defense lawyers or animal cruelty lawyers as soon as possible by calling 859-636-6803.
Federal Animal Cruelty Crimes
The federal government has its own laws regarding animal abuse offenses. Interestingly, this was not a federal offense until it was signed law by President Donald Trump in 2019. Whether you are tried by the state of Kentucky or by the federal government depends on a number of factors, such as where your arrest happened, who arrested you, what evidence was found and what alleged crime was committed.
Most animal crime offenses are handled by the Commonwealth, but if you are alleged to be torturing or abusing animals and posting the videos online, for instance, you can be charged with a violation of federal law and tried in federal court.
There are two Federal Districts in Kentucky, the United States District Court for the Eastern District of Kentucky and the United States District Court for the Western District of Kentucky. Each District has a number of courthouses spread out throughout their geographical region of the state.
Federal animal cruelty crimes are serious and often carry heavier penalties in comparison to its state level counterparts. If federal charges have been filed against you, you need to call a trusted criminal defense attorney as soon as you can. Working with a seasoned criminal defense attorney who will defend and protect your rights against the government’s criminal charges is the first step to building your defense and protecting your freedom.
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