Dogfighting in Kentucky is Illegal.

Dogfighting in Kentucky is Illegal.

There’s an ASPCA “Action Alert” that is up on their website that at least implies that having dogs for the purpose of fighting, in Kentucky, is not illegal.

It is.

For some reason, Kentucky seems to distinguish between 1) owning a dog and training it to fight; and 2) owning a dog that you actually enter into a fight, or organizing a dog fight.

The first situation is a violation of KRS 525.130b, and the language of that statute is as follows:

525.130b Cruelty to animals in the second degree -- Exemptions.

(1) A person is guilty of cruelty to animals in the second degree when except as authorized by law he intentionally or wantonly:

(a) Subjects any animal to or causes cruel or injurious mistreatment through abandonment, participates other than as provided in KRS 525.125 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 (4) 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;

(b) Subjects any animal in his custody to cruel neglect…

(3) 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.

(4) Cruelty to animals in the second degree is a Class A misdemeanor.

The language of the statute in (1)(a) is a little choppy, but it does, in fact, outlaw the owning and training of dogs for the purpose of fighting, in the Bluegrass State.  It is clarified a bit by subsection (3) which states that training a dog for reasons OTHER than training a dog to fight for pleasure or profit is not illegal.  Nothing clarifies some ambiguous language like a double negative.

If you own a dog and actually use it for fighting (as opposed to just training it to fight), you would be prosecuted under the Cruelty to Animals in the First Degree statute - which reads as follows:

525.125b Cruelty to animals in the first degree.

(1) The following persons are guilty of cruelty to animals in the first degree whenever a four-legged animal is caused to fight for pleasure or profit:

(a) The owner of the animal;

(b) The owner of the property on which the fight is conducted if the owner knows of the fight;

(c) Anyone who participates in the organization of the fight.

(2) Activities of animals engaged in hunting, field trials, dog training, 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.

(3) Cruelty to animals in the first degree is a Class D felony.

Long story short, dogfighting is illegal in Kentucky and the ASPCA has reckless disregard for the truth.  I don't know why they put out such information.  Maybe it's to spur an emotional response to get people to vote for a stricter law.  Either way it's incompetence or intentionally misleading the public.  Both of which can lead to serious backlash on the ASPCA.  

Thanks and have a great day.