Kentucky Statutes 525.135 – Torture of dog or cat
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(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.
For details, see § 532.060 and § 532.090
(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.
Effective: July 15, 2008
History: Amended 2008 Ky. Acts ch. 136, sec. 1, effective July 15, 2008. — Created
2003 Ky. Acts ch. 181, sec. 1, effective June 24, 2003.
Legislative Research Commission Note (6/24/2003). In subsection (4)(e) of this section, the redundant words “activities of” have been deleted before the phrase “bona fide animal research activities.”
(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.
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D felony | between 1 and 5 years | between $1,000 and $10,000 |
| Class A misdemeanor | up to 12 months | up to $500 |
Terms Used In Kentucky Statutes 525.135
- Animal: includes every warm-blooded living creature except a human being. See Kentucky Statutes 446.010
- Domestic: when applied to a corporation, partnership, business trust, or limited liability company, means all those incorporated or formed by authority of this state. See Kentucky Statutes 446.010
- Domestic animal: means any animal converted to domestic habitat. See Kentucky Statutes 446.010
- Federal: refers to the United States. See Kentucky Statutes 446.010
(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.
Effective: July 15, 2008
History: Amended 2008 Ky. Acts ch. 136, sec. 1, effective July 15, 2008. — Created
2003 Ky. Acts ch. 181, sec. 1, effective June 24, 2003.
Legislative Research Commission Note (6/24/2003). In subsection (4)(e) of this section, the redundant words “activities of” have been deleted before the phrase “bona fide animal research activities.”