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AN ACT relating to animal fighting. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 525.125 is amended to read as follows: 3
(1) As used in this section: 4
(a)[ "Dog" means a domesticated canid of the genus canis lupus familiaris; and 5
(b)] "Animal[Dog] fight" or "Animal[dog] fighting" means any event that 6
involves a fight conducted or to be conducted between at least two (2) 7
animals[dogs] for purposes of sport, wagering, or entertainment, except that 8
the term "animal[dog] fight" or "animal[dog] fighting" shall not be deemed to 9
include any activity the purpose of which involves the use of one (1) or more 10
dogs in hunting or taking another animal; and 11
(b) "Dog" means a domesticated canid of the genus canis lupus familiaris. 12
(2) A person is[The following persons are] guilty of cruelty to animals in the first 13
degree when he or she knowingly: 14
(a) Causes an animal to engage in animal fighting;[Whenever a dog is 15
knowingly caused to dog fight for pleasure or profit: 16
1. The owner of the dog; 17
2. The owner of the property on which the fight is conducted if the owner 18
knows of the dog fight; and 19
3. Anyone who participates in the organization of the dog fight; and] 20
(b) [Any person who knowingly ]Owns, possesses, keeps, trains, sells, or 21
otherwise transfers an animal[a dog] for the purpose of animal[dog] fighting; 22
(c) Participates in the organization, operation, or promotion of any act 23
described in paragraph (a) or (b) of this subsection, or controls, aids, or 24
abets any of those acts, including permitting or allowing any act described 25
in paragraph (a) or (b) of this subsection to occur on any premises under 26
the person's charge or control; 27 UNOFFICIAL COPY 25 RS BR 304
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(d) Is present, as a spectator or vendor, at any place where an animal fight is 1
occurring; or 2
(e) Causes or allows a person under eighteen (18) years of age to attend an 3
animal fight. 4
(3) (a) Activities of dogs engaged in hunting, field trials, dog training, and other 5
activities authorized either by a hunting license or by the Department of Fish 6
and Wildlife Resources shall not constitute a violation of this section. 7
(b)[(4)] Activities of dogs engaged in working or guarding livestock shall not 8
constitute a violation of this section. 9
(4) Falconry authorized by a falconry permit and a hunting license issued by the 10
Department of Fish and Wildlife Resources shall not constitute a violation of this 11
section. 12
(5) (a) For a violation of subsection (2)(a), (b), or (c) of this section, cruelty to 13
animals in the first degree is a Class D felony. 14
(b) For a violation of subsection (2)(d) or (e) of this section, cruelty to animals 15
in the first degree is a Class A misdemeanor. 16
(6) If a person is convicted of or pleads guilty to an offense under subsection (2)(a), 17
(b), or (c) of this section, the court shall, in addition to fines and imprisonment, 18
order: 19
(a) Forfeiture of the animal or animals that were the subject of the violation; 20
(b) Termination of, or the imposition of conditions on, the person's right to 21
possession, custody, or control of any animal; and 22
(c) Transfer of the animal or animals that were the subject of the violation to: 23
1. The owner, if the person violating subsection (2)(a), (b), or (c) of this 24
section is not the owner of the animal or animals; or 25
2. The county animal officer employed, appointed, or contracted with, as 26
provided by KRS 258.195. 27 UNOFFICIAL COPY 25 RS BR 304
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(7) The court may order restitution to be paid to any person who possesses an animal 1
or animals under subsection (6)(c) of this section for reasonable expenses related 2
to the cost and care of the animal or animals. 3
Section 2. KRS 525.130 is amended to read as follows: 4
(1) A person is guilty of cruelty to animals in the second degree when except as 5
authorized by law he or she intentionally or wantonly: 6
(a) Subjects any animal to or causes cruel or injurious mistreatment through 7
abandonment,[ participates other than as provided in KRS 525.125 in causing 8
it to fight for pleasure or profit (including, but not limited to being a spectator 9
or vendor at an event where a four (4) legged animal is caused to fight for 10
pleasure or profit),] mutilation, beating, torturing any animal other than a dog 11
or cat, tormenting, failing to provide adequate food, drink, space, or health 12
care, or by any other means; 13
(b) Subjects any animal in his or her custody to cruel neglect; or 14
(c) Kills any animal other than a domestic animal killed by poisoning. This 15
paragraph shall not apply to intentional poisoning of a dog or cat.[ Intentional 16
poisoning of a dog or cat shall constitute a violation of this section.] 17
(2) Nothing in this section shall apply to the killing of animals: 18
(a) Pursuant to a license to hunt, fish, or trap; 19
(b) Incident to the processing as food or for other commercial purposes; 20
(c) For humane purposes; 21
(d) For veterinary, agricultural, spaying or neutering, or cosmetic purposes; 22
(e) For purposes relating to sporting activities, including but not limited to horse 23
racing at organized races and training for organized races, organized horse 24
shows, or other animal shows; 25
(f) For bona fide animal research activities of institutions of higher education,[;] 26
or a business entity registered with the United States Department of 27 UNOFFICIAL COPY 25 RS BR 304
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Agriculture under the Animal Welfare Act or subject to other federal laws 1
governing animal research; 2
(g) In defense of self or another person against an aggressive or diseased animal; 3
(h) In defense of a domestic animal against an aggressive or diseased animal; 4
(i) For animal or pest control; or 5
(j) For any other purpose authorized by law. 6
(3) Activities of animals engaged in hunting, field trials, dog training other than 7
training a dog to fight for pleasure or profit, and other activities authorized either by 8
a hunting license or by the Department of Fish and Wildlife shall not constitute a 9
violation of this section. 10
(4) Cruelty to animals in the second degree is a Class A misdemeanor. 11
(5) If a person is convicted of or pleads guilty to an offense under subsection (1) of this 12
section arising from the person's treatment of an equine, the court may impose one 13
(1) or both of the following penalties against the person, in addition to fines and 14
imprisonment: 15
(a) An order that the person pay restitution for damage to the property of others 16
and for costs incurred by others, including reasonable costs, as determined by 17
agreement or by the court after a hearing, incurred in feeding, sheltering, 18
veterinary treatment, and incidental care of any equine that was the subject of 19
the offense resulting in conviction; or 20
(b) An order terminating or imposing conditions on the person's right to 21
possession, title, custody, or care of any equine that was the subject of the 22
offense resulting in conviction. 23
If a person's ownership interest in an equine is terminated by a judicial order under 24
paragraph (b) of this subsection, the court may order the sale, conveyance, or other 25
disposition of the equine that was the subject of the offense resulting in conviction. 26
Section 3. KRS 436.610 is amended to read as follows: 27 UNOFFICIAL COPY 25 RS BR 304
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All animals of the same species, which are on the property when an animal is caused to 1
fight for pleasure or profit, in violation of[ the provisions of] KRS 525.125[ and 2
525.130], shall be confiscated and turned over to the county animal control officer 3
employed, appointed, or contracted with as provided by KRS 258.195, if there are 4
reasonable grounds to believe that the animals were on the property for the purpose of 5
fighting. 6