(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 this section 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 any animal other than a dog or cat, tormenting, failing to provide adequate food, drink, space, or health care, or by any other means;
(2) Subjects any animal in his custody to cruel neglect; or
(3) Kills any animal other than a domestic animal killed by poisoning. This division 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