UNOFFICIAL COPY 24 RS BR 1616
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AN ACT relating to the torture of a dog or cat. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 525.135 is amended to read as follows: 3
(1) As used in this section, unless the context otherwise requires:[,] 4
(a) "Serious physical injury or infirmity" means physical injury or physical 5
infirmity that creates a substantial risk of death, protracted loss, or 6
impairment of the function of the limb or bodily organ caused by willful or 7
wanton disregard while restrained. As used in this paragraph: 8
1. "Physical infirmity" includes intentional starvation, dehydration, 9
hypothermia, hyperthermia, muscle atrophy, restriction of blood flow 10
to a limb or organ, mange or other skin disease or parasitic infestation 11
for which medical care has been denied, denial of life-saving medical 12
care or professional euthanasia while intentionally restraining with 13
the intent to cause or the wanton disregard for extreme physical pain, 14
serious injury, or death; and 15
2. "Physical injury" includes substantial physical pain, serious injury, or 16
death intentionally caused by fractures, cuts, burns, punctures, bruises 17
due to crushing, burning, drowning, beating, poisoning, suffocating, 18
hanging, impaling or skinning alive, physical disfigurement, loss of 19
function of a limb or body organ or other wounds or illnesses 20
produced by violence or a thermal or chemical agent while 21
intentionally restrained with the intent to cause or the wanton 22
disregard for extreme physical pain, serious injury, or death; and 23
(b) "Torture" means the intentional infliction of or subjection to extreme 24
physical pain or serious injury or death to a dog or cat, motivated by intent 25
or wanton disregard that causes, increases, or prolongs the pain or 26
suffering of the dog or cat, including serious physical injury or infirmity. 27 UNOFFICIAL COPY 24 RS BR 1616
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"Torture" shall include situations where the extreme physical pain, serious 1
physical injury or infirmity, or death results from restraint of the dog or cat, 2
which may include being: 3
1. Locked in a cage or kennel; 4
2. Sealed in a plastic bag or box; 5
3. Chained or tied down to restrict motion; 6
4. Pitched in a dumpster; 7
5. Abandoned in a building for three (3) days or more with no intention 8
of returning or having made provisions for the animal's care; 9
6. Physically restrained with tie wraps, rope, chains, or tape; 10
7. Intentionally injured to cause immobility so that the animal cannot 11
save itself from starvation, dehydration, physical impairment, serious 12
physical injury or infirmity, or death; or 13
8. Manually restrained. 14
[ "Torture" means the intentional infliction of or subjection to extreme physical pain 15
or injury, motivated by an intent to increase or prolong the pain of the 16
animal.] 17
(2) A person is guilty of torture of a dog or cat when he or she, without legal 18
justification, intentionally tortures a domestic dog or cat. 19
(3) Torture of a dog or cat is a [Class A misdemeanor for the first offense and a ]Class 20
D felony[ for each subsequent offense if the dog or cat suffers physical injury as a 21
result of the torture, and a Class D felony if the dog or cat suffers serious physical 22
injury or death as a result of the torture]. 23
(4) Each act of torture of a dog or cat may constitute a separate offense. 24
(5) Under recommendation of a veterinarian, a tortured dog or cat may be humanely 25
euthanized after it is seized if it is still alive but suffering from the intentional 26
torture that will lead to its death. 27 UNOFFICIAL COPY 24 RS BR 1616
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(6) Nothing in this section shall apply to the killing or injuring of a dog or cat without 1
intent to cause, or without wanton disregard of, increasing or prolonging the 2
pain, suffering, or death of the dog or cat: 3
(a) In accordance with a license to hunt, fish, or trap; 4
(b) For humane purposes; 5
(c) For veterinary, agricultural, spaying or neutering, or cosmetic purposes or 6
breed-specific alterations such as cropping of ears, docking of tails, or 7
declawing of a cat, all done by a veterinarian; 8
(d) For purposes relating to sporting activities including but not limited to 9
training for organized dog or cat shows, or other animal shows in which a dog 10
or a cat, or both, participate; 11
(e) For bona fide animal research activities, using dogs or cats, of institutions of 12
higher education; or a business entity registered with the United States 13
Department of Agriculture under the Animal Welfare Act or subject to other 14
federal laws governing animal research; 15
(f) In defense of self or another person against an aggressive or diseased dog or 16
cat; 17
(g) In defense of a domestic animal against an aggressive or diseased dog or cat; 18
(h) For animal or pest control; or 19
(i) For any other purpose authorized by law. 20
(7)[(5)] Activities of animals engaged in hunting, field trials, dog training other than 21
training a dog to fight for pleasure or profit, and other activities authorized either by 22
a hunting license or by the Department of Fish and Wildlife Resources shall not 23
constitute a violation of this section. 24
(8)[(6)] The acts specified in this section shall not constitute cruelty to animals under 25
KRS 525.125 or 525.130. 26