KRS § 525.135 — KY Code / Title L / Chapter 525 / Section 525.135
525.135 Torture of dog or cat
Status: in_force

525.135 Torture of dog or cat.

(1) As used in this section, unless the context otherwise requires:

(a) "Torture" means the intentional infliction of or subjection to extreme physical

pain or serious injury or death to a dog or cat, motivated by intent or wanton

disregard that causes, increases, or prolongs the pain or suffering of the dog or

cat, including serious physical injury or infirmity. "Torture" shall include

situations where the extreme physical pain, serious physical injury or

infirmity, or death results from restraint of the dog or cat, which may include

being:

1. Locked in a cage or kennel;

2. Sealed in a plastic bag or box;

3. Chained or tied down to restrict motion;

4. Pitched in a dumpster;

5. Abandoned in a building for three (3) days or more with no intention of

returning or having made provisions for the animal's care;

6. Physically restrained with tie wraps, rope, chains, or tape;

7. Intentionally injured to cause immobility so that the animal cannot save

itself from starvation, dehydration, physical impairment, serious

physical injury or infirmity, or death; or

8. Manually restrained; and

(b) "Serious physical injury or infirmity" means physical injury or physical

infirmity that creates a substantial risk of death, protracted loss, or impairment

of the function of the limb or bodily organ caused by willful or wanton

disregard while restrained. As used in this paragraph:

1. "Physical infirmity" includes intentional starvation, dehydration,

hypothermia, hyperthermia, muscle atrophy, restriction of blood flow to

a limb or organ, mange or other skin disease or parasitic infestation for

which medical care has been denied, denial of life-saving medical care

or professional euthanasia while intentionally restraining with the intent

to cause or the wanton disregard for extreme physical pain, serious

injury, or death; and

2. "Physical injury" includes substantial physical pain, serious injury, or

death intentionally caused by fractures, cuts, burns, punctures, bruises

due to crushing, burning, drowning, beating, poisoning, suffocating,

hanging, impaling or skinning alive, physical disfigurement, loss of

function of a limb or body organ or other wounds or illnesses produced

by violence or a thermal or chemical agent while intentionally restrained

with the intent to cause or the wanton disregard for extreme physical

pain, serious injury, or death.

(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 D felony.

(4) Each act of torture of a dog or cat may constitute a separate offense.

(5) Under recommendation of a veterinarian, a tortured dog or cat may be humanely

euthanized after it is seized if it is still alive but suffering from the intentional

torture that will lead to its death.

(6) Nothing in this section shall apply to the killing or injuring of a dog or cat without

intent to cause, or without wanton disregard of, increasing or prolonging the pain,

suffering, or death of the 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 or

breed-specific alterations such as cropping of ears, docking of tails, or

declawing of a cat, all done by a veterinarian;

(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.

(7) 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.

(8) The acts specified in this section shall not constitute cruelty to animals under KRS

525.125 or 525.130.