Kentucky SB 67: AN ACT relating to sexual crimes against animals.

Bill Text

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AN ACT relating to sexual crimes against animals. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 525 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Animal" means any nonhuman creature; and 6
(b) "Sexual contact" means any act committed between a person and an 7
animal for the purpose of sexual arousal, sexual gratification, abuse, or 8
financial gain involving: 9
1. Contact between the sex organs or anus of one (1) and the mouth, sex 10
organs, or anus of another; 11
2. The insertion of any part of the animal's body into the vaginal or anal 12
opening of the person; or 13
3. The insertion of any part of the body of a person or any object into the 14
vaginal or anal opening of an animal without a bona fide veterinary 15
or animal husbandry purpose. 16
(2) A person is guilty of sexual crimes against an animal if he or she: 17
(a) Engages in sexual contact with an animal; 18
(b) Advertises, solicits, offers, or accepts the offer of an animal, or possesses, 19
purchases, or otherwise obtains an animal, with the intent that the animal 20
be subject to sexual contact; or 21
(c) Causes, aids, or abets another person to engage in sexual contact with an 22
animal. 23
(3) Sexual crimes against an animal is a Class D felony. 24
(4) Nothing in this section shall apply to: 25
(a) Accepted veterinary practices; 26
(b) Artificial insemination of an animal for reproductive purposes; 27

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(c) Accepted animal husbandry practices, including grooming, raising, 1
breeding, or assisting with the birthing process of animals or any other 2
procedure that provides care for an animal; or 3
(d) Generally accepted practices related to the judging of breed conformation. 4
(5) In addition to the penalty imposed in subsection (3) of this section, the court shall 5
order a person convicted of violating this section to: 6
(a) Relinquish custody of all animals under the person's control. If the person 7
convicted of violating this section is not the owner of the animal that was 8
the subject of the violation, then the animal shall be returned to the owner 9
of the animal. An animal returned to an owner under this section shall not 10
be spayed or neutered prior to being returned; 11
(b) Not harbor, own, possess, or exercise control over any animal, reside in any 12
household where animals are present, or work or volunteer in a place where 13
the person has unsupervised access to animals for a minimum of five (5) 14
years after completion of the imposed sentence; 15
(c) Attend an appropriate treatment program or obtain psychiatric or 16
psychological counseling, at the person's expense; and 17
(d) Reimburse the agency caring for the animal for reasonable costs incurred 18
for the care and treatment of the animal from the date of impoundment 19
until the disposition of the criminal proceeding. 20
Section 2. KRS 258.005 is amended to read as follows: 21
As used in KRS 258.005 to 258.087, unless the context requires otherwise: 22
(1) "Dog" means any canine three (3) months of age or older for which there exists a 23
United States Department of Agriculture approved rabies vaccine; 24
(2) "Owner" means any person owning, keeping, or harboring a dog, cat, or ferret in 25
Kentucky; 26
(3) "Veterinarian" means a licensed practitioner of veterinary medicine; 27

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(4) "Qualified person" means a person granted a permit by the secretary for health and 1
family services to vaccinate his own dog against rabies; 2
(5) "Vaccination" means the administration by a veterinarian or other qualified person 3
of rabies vaccine approved by and administered in accordance with administrative 4
regulations promulgated by the secretary for health and family services; 5
(6) "Cat" means any feline three (3) months of age or older for which there exists a 6
United States Department of Agriculture approved rabies vaccine; 7
(7) "Animal control officer" means an individual who is employed or appointed by, or 8
has contracted with: 9
(a) A city, county, urban-county, charter county, or consolidated local 10
government to enforce the provisions of this chapter, the provisions of the 11
Kentucky Revised Statutes relating to cruelty, mistreatment, sexual crimes 12
against, or torture of animals, and local animal control ordinances; or 13
(b) An entity that has contracted with a city, county, urban-county, charter county, 14
or consolidated local government to enforce the provisions of this chapter, the 15
provisions of the Kentucky Revised Statutes relating to cruelty, mistreatment, 16
sexual crimes against, or torture of animals, and local animal control 17
ordinances; 18
(8) "Ferret" means any musteline three (3) months of age or older for which there e