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AN ACT relating to sexual crimes against animals.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
SECTION 1.

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READ AS FOLLOWS:

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(1)

A NEW SECTION OF KRS CHAPTER 525 IS CREATED TO

As used in this section:

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(a)

"Animal" means any nonhuman creature; and

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(b)

"Sexual contact" means any act committed between a person and an

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animal for the purpose of sexual arousal, sexual gratification, abuse, or

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financial gain involving:

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1.

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Contact between the sex organs or anus of one (1) and the mouth, sex
organs, or anus of another;

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2.

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The insertion of any part of the animal's body into the vaginal or anal
opening of the person; or

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3.

The insertion of any part of the body of a person or any object into the

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vaginal or anal opening of an animal without a bona fide veterinary

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or animal husbandry purpose.

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(2)

A person is guilty of sexual crimes against an animal if he or she:

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(a)

Engages in sexual contact with an animal;

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(b)

Advertises, solicits, offers, or accepts the offer of an animal, or possesses,

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purchases, or otherwise obtains an animal, with the intent that the animal

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be subject to sexual contact; or

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(c)

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Causes, aids, or abets another person to engage in sexual contact with an
animal.

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(3)

Sexual crimes against an animal is a Class D felony.

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(4)

Nothing in this section shall apply to:

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(a)

Accepted veterinary practices;

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(b)

Artificial insemination of an animal for reproductive purposes;
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(c)

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Accepted animal husbandry practices, including grooming, raising,

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breeding, or assisting with the birthing process of animals or any other

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procedure that provides care for an animal; or

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(d)
(5)

Generally accepted practices related to the judging of breed conformation.

In addition to the penalty imposed in subsection (3) of this section, the court shall

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order a person convicted of violating this section to:

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(a)

Relinquish custody of all animals under the person's control. If the person

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convicted of violating this section is not the owner of the animal that was

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the subject of the violation, then the animal shall be returned to the owner

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of the animal. An animal returned to an owner under this section shall not

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be spayed or neutered prior to being returned;

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(b)

Not harbor, own, possess, or exercise control over any animal, reside in any

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household where animals are present, or work or volunteer in a place where

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the person has unsupervised access to animals for a minimum of five (5)

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years after completion of the imposed sentence;

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(c)

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Attend an appropriate treatment program or obtain psychiatric or
psychological counseling, at the person's expense; and

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(d)

Reimburse the agency caring for the animal for reasonable costs incurred

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for the care and treatment of the animal from the date of impoundment

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until the disposition of the criminal proceeding.

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Section 2. KRS 258.005 is amended to read as follows:

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As used in KRS 258.005 to 258.087, unless the context requires otherwise:

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(1)

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United States Department of Agriculture approved rabies vaccine;
(2)

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"Dog" means any canine three (3) months of age or older for which there exists a

"Owner" means any person owning, keeping, or harboring a dog, cat, or ferret in
Kentucky;

(3)

"Veterinarian" means a licensed practitioner of veterinary medicine;
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(4)

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"Qualified person" means a person granted a permit by the secretary for health and
family services to vaccinate his own dog against rabies;

(5)

"Vaccination" means the administration by a veterinarian or other qualified person

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of rabies vaccine approved by and administered in accordance with administrative

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regulations promulgated by the secretary for health and family services;

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(6)

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"Cat" means any feline three (3) months of age or older for which there exists a
United States Department of Agriculture approved rabies vaccine;

(7)

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"Animal control officer" means an individual who is employed or appointed by, or
has contracted with:

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(a)

A city, county, urban-county, charter county, or consolidated local

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government to enforce the provisions of this chapter, the provisions of the

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Kentucky Revised Statutes relating to cruelty, mistreatment, sexual crimes

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against, or torture of animals, and local animal control ordinances; or

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(b)

An entity that has contracted with a city, county, urban-county, charter county,

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or consolidated local government to enforce the provisions of this chapter, the

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provisions of the Kentucky Revised Statutes relating to cruelty, mistreatment,

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sexual crimes against, or torture of animals, and local animal control

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ordinances;

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(8)

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"Ferret" means any musteline three (3) months of age or older for which there exists
a United States Department of Agriculture approved rabies vaccine; and

(9)

"Quarantine" means the confinement of an animal for observation of clinical signs

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of illness indicating rabies infection, and the prevention of escape or contact with

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any person or other animal.

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Section 3. KRS 258.095 is amended to read as follows:

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As used in KRS 258.095 to 258.500, unless the context requires otherwise:

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(1)

"Department" means the Department of Agriculture;

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(2)

"Commissioner" means the Commissioner of Agriculture;
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(3)

"Board" means the Animal Control Advisory Board created by KRS 258.117;

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(4)

"Dog" means any domestic canine, six (6) months of age or older;

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(5)

"Owner," when applied to the proprietorship of a dog, includes:

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(a)

Every person having a right of property in the dog; and

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(b)

Every person who:

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1.

Keeps or harbors the dog;

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2.

Has the dog in his or her care;

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3.

Permits the dog to remain on or about premises owned and occupied by

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him or her; or

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4.

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Permits the dog to remain on or about premises leased and occupied by
him or her;

(6)

"Attack" means a dog's attempt to bite or successful bite of a human being. This

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definition shall not apply to a dog's attack of a person who has illegally entered or is

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trespassing on the dog owner's property in violation of KRS 511.060, 511.070,

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511.080, or 511.090;

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(7)

"Vicious dog" means any individual dog declared by a court to be a vicious dog;

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(8)

"Animal control officer" means an individual who is employed or appointed by, or

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has contracted with:

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(a)

A city, county, urban-county, charter county, or consolidated local

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government to enforce the provisions of this chapter, the provisions of the

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Kentucky Revised Statutes relating to cruelty, mistreatment, sexual crimes

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against, or torture of animals, and local animal control ordinances; or

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(b)

An entity that has contracted with a city, county, urban-county, charter county,

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or consolidated local government to enforce the provisions of this chapter, the

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provisions of the Kentucky Revised Statutes relating to cruelty, mistreatment,

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sexual crimes against, or torture of animals, and local animal control

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ordinances;
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(9)

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"Designated license facility" means any person, facility, or business designated by

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resolution of the governing body of the county to collect license fees under KRS

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258.135;

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(10) "Cat" means any domestic feline three (3) months of age or older;

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(11) "Ferret" means any domestic musteline three (3) months of age or older;

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(12) "Euthanasia" means the act of putting an animal to death in a humane manner by

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methods specified as acceptable for that species by the most recent report of the

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American Veterinary Medical Association Panel on Euthanasia, subject to the

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requirements provided by KRS 258.505;

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(13) "Animal shelter" means any facility used to house or contain animals, operated or

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maintained by a governmental body, incorporated humane society, animal welfare

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society, society for the prevention of cruelty to animals, or other nonprofit

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organization;

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(14) "Quarantine" means the confinement of an animal for observation of clinical signs

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of illness indicating rabies infection, and the prevention of escape or contact with

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any person or other animal;

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(15) "Livestock" means poultry; ratites; and cervine, bovine, ovine, porcine, caprine, or

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equine animals that are privately owned and raised in a confined area for breeding

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stock, food, fiber, or other products; and

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(16) "Poultry" means chickens, ducks, turkeys, or other domestic fowl.

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Section 4. KRS 436.605 is amended to read as follows:

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(1)

Animal control officers and officers and agents of humane societies who are

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employed by, appointed by, or have contracted with a city, county, urban-county,

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charter county, or consolidated local government to provide animal sheltering or

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animal control services shall have the powers of peace officers, except for the

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power of arrest, for the purpose of enforcing the provisions of the Kentucky Revised

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Statutes relating to cruelty, mistreatment, sexual crimes against, or torture of
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animals, provided they possess the qualifications required under KRS 61.300.
(2)

When any peace officer, animal control officer, or any officer or agent of any

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society or association for the prevention of cruelty to animals duly incorporated

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under the laws of this Commonwealth who is employed by, appointed by, or has

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contracted with a city, county, urban-county, charter county, or consolidated local

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government to provide animal sheltering or animal control services makes an oath

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before any judge of a District Court that he has reasons to believe or does believe

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that an act of cruelty, mistreatment, sexual crimes against, or torture of animals is

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being committed in a building, barn, or other enclosure, the judge shall issue a

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search warrant directed to the peace officer, animal control officer, or officer or

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agent of the society or association for the prevention of cruelty to animals to search

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the premises. If a peace officer finds that an act of cruelty, mistreatment, sexual

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crimes against, or torture of animals is being perpetrated, the offender or offenders

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shall be immediately arrested by the peace officer and brought before the court for

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trial. If an animal control officer or an officer or agent of a society or association for

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the prevention of cruelty to animals finds that an act of cruelty, mistreatment,

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sexual crimes against, or torture of animals is being perpetrated, the officer or

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agent shall summon a peace officer to arrest the offender or offenders and bring

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them before the court for trial.

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