Kentucky Statutes 525.137 – Sexual crimes against an animal
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(1) As used in this section:
(a) “Animal” means any nonhuman creature; and
For details, see § 532.060
(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.
(2) 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.
(3) Sexual crimes against an animal is a Class D felony. (4) 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.
(5) 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.
(a) “Animal” means any nonhuman creature; and
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 |
Terms Used In Kentucky Statutes 525.137
- Animal: includes every warm-blooded living creature except a human being. See Kentucky Statutes 446.010
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
(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.
(2) 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.
(3) Sexual crimes against an animal is a Class D felony. (4) 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.
(5) 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.