(A) A person is guilty of cruelty to animals in the second degree when except as authorized by law he intentionally or wantonly:
(1) Subjects any animal to or causes cruel or injurious mistreatment through abandonment, participates other than as provided in § 90.03 in causing it to fight for pleasure or profit, (including, but not limited to being a spectator or vendor at an event where a four legged animal is caused to fight for pleasure or profit) mutilation, beating, torturing, tormenting, failing to provide adequate food, drink, space, or health care, or by any other means; or
(2) Subjects any animal in his custody to cruel neglect; or
(3) Kills any animal other than a domestic animal killed by poisoning. This paragraph shall not apply to intentional poisoning of a dog or cat. Intentional poisoning of a dog or cat shall constitute a violation of this section.
(B) Nothing in this section shall apply to the killing of animals:
(1) Pursuant to a license to hunt, fish, or trap;
(2) Incident to the processing as food or for other commercial purposes;
(3) For humane purposes;
(4) For veterinary, agricultural, spaying or neutering, or cosmetic purposes;
(5) For purposes relating to sporting activities, including but not limited to horse racing at organized races and training for organized races, organized horse shows, or other animal shows;
(6) For bona fide animal research activities 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;
(7) In defense of self or another person against an aggressive or diseased animal;
(8) In defense of a domestic animal against an aggressive or diseased animal;
(9) For animal or pest control; or
(10) For any other purpose authorized by law.
(C) 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 shall not constitute a violation of this section.
(KRS 525.130) Penalty, see § 90.99
Statutory reference:
Cruelty to animals in the first degree, a class D felony, see KRS 525.125