[1] University of Kentucky College of Law, J.D. This doesn't mean zookeepers like White aren't still hard at work. In an interview with Susan Malcomb, President of the Lexington Humane Society, Malcomb stated that if the biggest adoption agency in central Kentucky, the Lexington Humane Society, cannot free up people to lobby legislation, no one else likely has the ability to participate in legislation either. By not taking animal welfare issues seriously, local governments are sending the message that animal protection laws are insignificant and unimportant. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. [21] Dr. Harold Hovel, The Connection Between Animal Abuse and Human Violence, New York State Humane Association (2015), http://www.nyshumane.org/wp-content/uploads/2016/02/Connection_Animal_And_Human_Abuse.pdf. [178] Fifteen states require veterinarians to report suspected abuse. Ann. [156] However, this section is severely restricted and only applies whenever a dog is knowingly caused to fight for pleasure or profit or when any person who knowingly owns, possesses, keeps, trains, sells, or otherwise transfers a dog for the purpose of dog fighting.[157] In other words, this provision relates to only dogs and excludes all other animal fighting. Stat. 534.040 (LexisNexis 2017). I called animal control. Ann. [103] 510 Ill. Comp. [16] Recent surveys demonstrate that 68 percent of United States households own a pet, equivalent to 84.6 million homes. Ky. July 31, 2012). [115] In addition, the court is permitted to order the defendant not to reside in any household where animals are present, forfeit all animals, and undergo a psychological evaluation or counseling. Amend KRS 525.135, relating to torture of a dog or cat, to add specific . [98] 510 Ill. Comp. 'Absolutely superb! All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. listings on the site are paid attorney advertisements. Animal control came and talked to the . Ann. [50] Kinkle tortured animals as a pastime. [7] However, a few days before Beauchamps trial was to begin, the Commonwealths Attorney for Daviess County accepted a plea agreement. [9] Ky. Rev. http://aldf.org/press-room/press-releases/best-worst-states-animal-protection-laws-2017-report-released/. [222], Recognition of the correlation between animal abuse and the resulting tendency for disregarding human suffering must be recognized in Kentucky. Ann. [223] ALDF Rankings, supra note 15, at 11; Ky. Rev. [147] Because Kentucky law lacks basic care definitions, many counties have trouble prosecuting things as simple as the need to provide shelter for an animal. 70/2.01(West 2018). [163] The carcasses of the dogs were found in various states of decomposition at the defendants residence. Ann. [120] Under Section 4, no person may sell, barter, or give away any rabbit, baby chick, duckling or other fowl which has been subject to artificial coloring. [62] Child Witnesses to Domestic Violence, Child Welfare Information Gateway, 1-2, (2016), https://www.childwelfare.gov/pubPDFs/witnessdv.pdf. In order to be considered a crime, the mistreatment must be cruel or result in the animal's injury. The top tier states in ALDFs rankings, among others, have felony provisions for cruelty, neglect, fighting, sexual assault, and abandonment, while Kentucky law contains only a single animal abuse felony for dog fighting. An animal is defined as every living creature, domestic or wild, but does not include man.[97]TheAct goes on to define owners duties in 510 Ill. Comp. Stat. We should instead focus on the abusive nature of the perpetrator. Ann. Stat. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. [72] Ky. Rev. As one scholar states, [c]ruelty is incompatible with a caring, moral society where empathy is a venerable quality.[21] Nonetheless, society has the potential to better animals lives by enacting and enforcing higher standards for them.[22]. Kentucky Revised Statutes means Kentucky Law. Stat. [162]Furthermore, offenders of animal cruelty laws face minimal punishment in Kentucky. [116]Though a first offense for cruel treatment under Section 3.01 of the Act is a misdemeanor, courts take first offender violations seriously. [200] In other words, these groups are concerned about possible limitations on their activities. [95] 510 Ill. Comp. Ann. In doing so, the legislature should take animal issues more seriously. [43] Randall Lockwood, Making the Connection Between Animal Cruelty and Abuse and Neglect of Vulnerable Adults, The Latham Letter (2002), http://nationallinkcoalition.org/wp-content/uploads/2013/01/ElderAbuse-Lockwood-.pdf. Though the country as a whole could benefit from enhanced animal protection laws, the state of Kentucky arguably needs the most work in fostering animal welfare. 70/2.09 (West 2018). There's No Getting Around It: Supporting Today's Kentucky Derby Means Supporting Animal Cruelty and Animal Killing May 7, 2022 Today is Kentucky Derby Day, a day in which the The Big Lie is at its most obscene. [12] See Interview with Kathryn Callahan, supra note 10..; See Worst case of animal abuse ends in probation, Cincinnati.com (Jan. 29, 2015), https://www.cincinnati.com/story/news/2015/01/28/pendleton-county-animal-cruelty/22483809/. People who submit reviews are either individuals who consulted with the lawyer/law firm or who hired the lawyer/law firm and want to share their experience of that lawyer or law firm with other potential clients. Recognizing animals as more than mere property and providing more protections to animals would not only benefit animals, but would promote a more caring, less violent society. [158] Ky. Rev. Anyone who intentionally tortures a dog or cat without a legal reason will be charged with a felony if the animal was seriously injured or died. [201]Gender differences may also contribute to the lack of animal protection laws getting moved through legislation. [24] This means, among other things, that laws do not recognize an animal as a victim to a crime, and thus an animals suffering or harm is not seen as being compensable.Regarding domestic animals, a person may have as absolute a dominion and property as over any other useful and valuable chattel.[25] With respect to wild animals, property may be acquired by possession of the animal or by ownership of the land on which the animal is found. [214] For these reasons, many shelters rely on volunteers or inmates to care for the animals. [119] Additionally, upon conviction for violating this Section and many others, the court may order a psychological or psychiatric evaluation and is even required to do so if the offender is a juvenile or a companion animal hoarder. When we fail to actContinue reading "Kentucky Animal Abuse Reporting" [163] United States v. Chamness, No. [133] The defendant argued that Section 10 of the Act specifically prohibits entry into a resident without a warrant to investigate a complaint regarding animal cruelty. [178] Rebecca F. Wisch, Table of Veterinary Reporting Requirement and Immunity Laws, Animal Legal & Historical Center (2015), https://www.animallaw.info/topic/table-veterinary-reporting-requirement-and-immunity-laws. 525.130 (West 2017); Animal Cruelty Laws State by State, Stray Pet Advocacy (2003), http://www.straypetadvocacy.org/PDF/AnimalCrueltyLaws.pdf. (Animal Legal Defense Fund) [79] This is for a number of reasons, including: Kentuckys only felony provisions are for cruelty and fighting, both against only select animals[80]; Kentucky does not have any felony provisions for neglect or abandonment[81]; the states animal protection statutes contain inadequate definitions and standards of basic care[82]; there are no increased penalties when abuse is committed in the presence of a minor or involves multiple animals[83]; Kentucky does not require mental health evaluations or counseling for offenders[84]; there is no statutory authority to allow protective orders to include animals[85]; there is no cost mitigation or recovery provisions for impounded animals and there is no court ordered forfeiture provisions[86]; there are no restrictions on future ownership or possession of animals following a conviction[87]; there are no provisions for select non-animal-related agencies/professions to report suspected animal abuse[88]; veterinarians are prohibited from reporting suspected cruelty or fighting[89]; humane officers lack broad law enforcement authority[90]; there are no provisions for sexual assault;[91] and, there are inadequate animal fighting provisions.[92]. [130] She stated that the bottom of the cage was covered in urine and feces, there was no sign of food or water, the dog was very thin, had blood on its paws, and was shaking and continuously making whimpering and yelping sounds. Providing clear definitions and standards of care supports the backbone of the animal protection laws in Illinois, however, the state takes the protections of animals even further. Hunting groups have opposed animal welfare bills for fear they could lead to a ban on hunting, while farmers have expressed concern they could run afoul of bestiality laws while artificially inseminating livestock. [114] If the offender violates this section in the presence of a person under 18 years old or causes the animal to suffer serious physical injury or death, the offender is guilty of a Class 3 felony. 6/26/18 Owners came home and took the tarp down. [15] 2017 U.S. Because states can change their laws at any time, its always a good idea to check the current statutes by using this search tool. any defense you might have to criminal charges. 525.135 (West 2017). [220]Studies show that self-regulation by counties concerning compliance with shelter laws is insufficient and that additional enforcement provisions are necessary to ensure compliance cross [sic] the state.[221] In order to address the statewide animal welfare issue, it is imperative that counties address animal welfare issues. [182] Thus, a veterinarian is essentially required to be complicit in acts of animal abuse or neglect unless an investigation is somehow initiated.Kentucky law contains no provisions requiring any non-animal-related agencies or professionals to report suspected animal cruelty, has insufficient humane agent provisions, and has no duty mandating peace officers to execute animal protection laws. History: Amended 2017 Ky. Acts ch. As previously mentioned, there is a distinct correlation between those who abuse animals and those who pose a threat to other humans. [110] A second or subsequent violation is a Class 3 felony. Ann. [230]The top ranked states statutes in ALDFs study provide for adequate definitions and standards of care, higher penalties for repeat abusers, forfeiture of abused animals, mandatory reporting of suspected cruelty, and many more provisions that Kentucky lacks. [2] Milan Kundera, The Unbearable Lightness of Being 289 (1999). Stat. [145] Additionally, it is imperative that shelter in cold weather is defined as to allow the animal to maintain its natural body temperature. Animal control left another note on the door. [125]Common complaints under this section may include violations for owners duties, animal hoarding, cruel treatment, aggravated cruelty, animal torture, confinement in motor vehicle, and depiction of animal cruelty. [55] According to a 2014 study, 43-50% of school shooters started out by torturing animals. [150] Malcomb, supra note 70. [128] 510 Ill. Comp. Ann. (National Center for Biotechnology Information) Animal Hoarding It is likely that up to a quarter million animals - 250,000 per year - are victims of hoarders. [75] The report assesses the strength of each jurisdictions animal protection laws and assigns a score based on fifteen different categories of animal protection. [17] Pet Industry Market Size & Ownership Statistics, American Pet Products Association, http://www.americanpetproducts.org/press_industrytrends.asp (last visited Jan. 20, 2017). A total of 141 animals were seized. 436.605 (West 2017). In Ammon v. Welty, the Ammons inhabited sixty-three acres of farmland, where they let their pet dog, Hair Bear, roam the property without restraint. Summary: These Kentucky statutes represent the state's anti-cruelty and animal fighting provisions. [223]In the rare circumstance an offender is convicted, Kentucky courts are not required to seize the animal from the abuser. Your IP address is listed in our blacklist and blocked from completing this request. confidential relationship is or should be formed by use of the site. In Kentucky, the majority of the basic animal cruelty and animal fighting laws are contained within Title 525 of the Kentucky Revised Statutes. More diversity should be encouraged in the legislature and women should be not only supported, but encouraged to take an active role in the political process. [239]Kentuckys current statutory stance on animal protection is unacceptable. In order to catch up to societys values, Kentucky must provide more adequate protections to animals. [71] See 2 Juveniles Arrested in Connection to Video Showing Dog Being Kicked, LEX18, (Jan. 13, 2017, 12:22 PM), http://www.lex18.com/story/34241472/owner-upset-after-teen-kicks-dog. [70] Although Franklin County Sheriff Pat Melton has announced that the juveniles in the video will be charged, he urged citizens who were outraged to use their passion and encourage Kentucky lawmakers to enact more effective animal cruelty laws.[71]. 436.605, only animal control officers and agents of humane societies maintain the powers of peace officers, except for the power of arrest, for the purpose of enforcing the provisions of the Kentucky Revised States relating to cruelty, mistreatment, or torture of animals, provided they possess the qualifications required under KRS 61.300.[175] This statute provides that when an animal control officer or agent believes an act of cruelty, mistreatment, or torture of animals is being committed, after the officer makes an oath of such belief, the judge shall issue a search warrant to search the premises. Also, local municipalities may have their own regulations on dogs and other pets. [42] Additionally, adults who abuse animals commonly abuse their spouses and their children, as well as elderly people for whom they are caring. Ann. Ann. [11] See Lad, supra note 8; Daniel Hurst, Pretrial Diversion in Kentucky, Hurst & Hurst, Attorneys at Law (Mar. [20]We live in a society that appears to care deeply about animal welfare. [96] See generally 510 Ill. Comp. Stat. Details for individual reviews received before 2009 are not displayed. 145, sec. 525.125 (West 2017). If youre concerned about conditions at a puppy mill or pet shop, contact the nearest office of the U.S. Department of Agriculture. Torturing includes the intentional poisoning of a dog or cat. In his time at Kentucky Down Under, McGill has endeared himself to the animals quickly, which he said comes as a bit of a shock because they had been abused before coming to the zoo. As one scholar states, [t]he [l]ink between violence to human and animal victims is undeniable.[39] Cruelty to animals has been associated directly or indirectly with violent crime, including sexual homicide, homicide, and rape..[40] Large numbers of violent criminals begin as animal abusers. 446.010(2) (West 2017). According to a recent study conducted by the ALDF, Kentucky ranks last out of the 50 states for its animal protection laws, for the eleventh year in a row. Stat. (859) 257-1678 | editors@kentuckylawjournal.org | 620 Limestone Lexington, KY 40508, CAFA, Class Actions, Megan Niespodziany, practice points, Circuit Split, copyright, Gray, Music, Sample, Sampling, Spencer, http://www.fox19.com/story/25185880/breaking-dead-horses-found-in-pendleton-county, http://www.americanpetproducts.org/press_industrytrends.asp, http://www.nbcnews.com/id/31505216/ns/health-pet_health/t/poll-americans-consider-pets-part-family/#.WHjqwbHMyu5, http://www.thelegalintelligencer.com/home/id=1202775104873/Can-Courts-Consider-the-Interests-of-Animals?mcode=1202615324341&curindex=0&slreturn=20170011191238, https://www.peta.org/issues/companion-animal-issues/companion-animals-factsheets/animal-abuse-human-abuse-partners-crime/, https://www.linkedin.com/pulse/when-kids-kill-belinda-abraham/, https://www.childwelfare.gov/pubPDFs/witnessdv.pdf, http://www.wdrb.com/story/34255262/children-charged-with-animal-cruelty-after-viral-video-surfaces-showing-dog-kicked-in-face, http://www.straypetadvocacy.org/PDF/AnimalCrueltyLaws.pdf, http://aldf.org/press-room/press-releases/best-worst-states-animal-protection-laws-2017-report-released/, http://www.aspca.org/animal-cruelty/farm-animal-welfare/what-ag-gag-legislation, https://agr.state.il.us/AnimalHW/LawEnforcementTraining.pdf, http://www.courier-journal.com/story/news/politics/ky-legislature/2017/01/09/bill-would-ban-sex-pets-not-other-animals/96262280/, http://www.lrc.ky.gov/legproc/lbranch.htm, http://www.aspcapro.org/blog/2015/11/10/animal-welfare-womens-work, http://www.ncsl.org/legislators-staff/legislators/womens-legislative-network/women-in-state-legislatures-for-2014.aspx, http://www.ncsl.org/legislators-staff/legislators/womens-legislative-network/women-in-state-legislatures-for-2013.aspx, http://www.ncsl.org/legislators-staff/legislators/womens-legislative-network/women-in-state-legislatures-2012.aspx. The good news is, Kentucky has nowhere to go but up.[241]. [17] In 2016, Americans spent an estimated $66.75 billion dollars on their pets. If youve been accused of animal crueltyor youre worried about possible chargesits a good idea to speak with a criminal defense lawyer as soon as possible. In Kentucky, psychological counseling is only required for people convicted of sexually assaulting an animal. Previously, vets could only report if client gave permission, court order. History Education Open Year-Round Tour Mammoth Onyx Cave! 70/3 (LexisNexis 2017). Under Section 3.0 of the Act, a person convicted of aggravated cruelty is guilty of a Class 4 felony. Ann. Ann. Stat. If your requested day is not available we will contact you with alternative dates - reservations are NOT confirmed until your form is returned. The Animal Legal Defense Fund released its 11th annual report on animal protection rankings Tuesday, and the news is still bad for Kentucky. Stat. Ann. Animal Protection Laws Rankings, Animal Legal Defense Fund, http://aldf.org/wp-content/uploads/2018/01/Rankings-Report-2017_FINAL.pdf. [179] Dr. Marty Becker, Its against the law for a veterinarian to report animal abuse in Kentucky, (Nov. 20, 2014), https://www.drmartybecker.com/news/law-veterinarian-report-animal-abuse-kentucky/. 70/22.10 (West 2018). Part I , Kentucky ALDL Rating appeared in our October 2018 newsletter. Section three identifies Kentucky as having the weakest animal protection laws in the nation. Posted on March 3, 2022. [113] 510 Ill. Comp. Perfect for all ages, Kentucky Down Under is an unforgettable experience that will expose you to a variety of animals in their natural habitats. What are the different Martindale-Hubbell Peer Review Ratings?*. Staffers at the humane society can usually tell you if local police or sheriffs are likely to act on the problem, and whether there are local ordinances that apply to the situation. Thankfully in a recent news article, Kentucky Representative Kevin Bratcher has . 2002). 70/3.02 (West 2018). Numerous studies have shown that successful spay/neuter programs result in fewer animals ending up in shelters leading to a significant reduction in the overall cost of sheltering unwanted or stray animals and improvement in overall public health and safety.[218]Furthermore, local governments do not provide adequate enforcement in promoting animal welfare. [225] Samantha D. E. Tucker, No Way to Treat Man's Best Friends: The Uncounted Injuries of Animal Cruelty Victims, 19 Animal L. 151, 158 (2012) (describing laws on owning future pets after being convicted of animal abuse). Stat. Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. Stat. Ann. The state exempts several kinds of legal activity from its animal cruelty laws, including: If you see or hear an animal that appears to be abused, mistreated, or neglected, contact your local animal control agency, law enforcement, or the humane society. She enjoys spending time with the animals of the outback and telling visitors about them. 532.020 (LexisNexis 2017); Ky. Rev. 17, 2017), http://www.fox19.com/story/25185880/breaking-dead-horses-found-in-pendleton-county. Kentucky Down Under - an Australian Animal Park in Kentucky that is all about. 525.135, which defines torture as the intentional infliction of or subjection to extreme physical pain or injury, motivated by an intent to increase or prolong the pain of the animal.[9] Kentucky prosecutors have highlighted the weakness of the statute because a conviction of torture should be attainable whenever an animal is subjected to extreme physical pain, injury, and suffering regardless of whether it was motivated by an intent to increase or prolong the pain of the animal. [60] Children that have been exposed to domestic violence at a young age are seven to nine times more likely to participate in animal cruelty, and are also more likely to abuse their own children in the future. [182] Ky. Rev. Stat. [111] Under Section 3.03, a person convicted of animal torture is guilty of a Class 3 felony. FRANKFORT, Ky. Changes to Kentucky's animal cruelty laws could be on the way under a new House bill. Ann. [117]Under Illinois law, an offender who is found guilty of a misdemeanor on multiple occasions often faces enhanced punishment and may even be guilty of a felony for subsequent violations. Animal Protection Laws Rankings, Animal Legal Defense Fund, http://aldf.org/wp-content/uploads/2015/12/Rankings-Report-2015.pdf. 70/4.01(West 2018). 70/3.03 (West 2018). Do Not Sell or Share My Personal Information. [140] 510 Ill. Comp. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. Ann. Stat. just her little legs.[67] Opal, who was nearly sixteen years at the time, did not offer a growl, bark, or even a sniff. [80] ALDF Rankings, supra note 15, at 19. Stat. [203] Lukey1, Do Men Care Less About Animals Than Women?, Vancouver Sun (Nov. 24, 2010 04:23 PM), http://vancouversun.com/news/community-blogs/do-men-care-less-about-animals-than-women. Copyright 2023 MH Sub I, LLC dba Internet Brands. [94] Animal Legal Defense Fund, Supra note 15. ; Sara Celi, 49 Dead Horses Found on Pendleton Co. Farm, FOX19 Now (last visited Mar. Ann. [73] Best and Worst States for Animal Protection Laws, 2017 Report Released, Animal Legal Defense Fund (Jan. 18, 2018), http://aldf.org/press-room/press-releases/best-worst-states-animal-protection-laws-2017-report-released/. But its only a misdemeanor to watch a dog fight or to provoke other animals to fight for entertainment or profit. Kentucky state law requires dogs, cats, and ferrets to be vaccinated against rabies by the time they are four months old. For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. Attorneys that receive reviews from their peers, but not a sufficient number to establish a Martindale-Hubbell Peer Review Rating, will have those reviews display on our websites. III.A.2 Illinois Contains Numerous Felony Provisions for Animal Cruelty. 12, 2014, 4:15 PM), http://www.nydailynews.com/news/national/collie-shot-face-kentucky-dies-months-jaw-removed-owner-charged-article-1.1827553. In response to the Frankfort incident, Sheriff Milton proclaimed, I know we just ranked 50th in the nation with some of the worst animal cruelty laws. [107] The prohibitions are not limited to select species but apply to every living creature, domestic or wild.[108] The Act also includes provisions for psychological counseling, and even mandates it on certain occasions. [4] By the time he was found, approximately one week after he was intentionally mutilated, a massive infection had set in and most of his lower jaw had to be removed. 70/3.04 (West 2018) (a new version of this statute is effective June 1, 2018, however it does not change the provision allowing a court to order a convicted animal abuser to forfeit their animals). Ann. [13] In addition, the plea agreement raised doubt as to the effectiveness in preventing Browning from having other horses in his possession. RESERVATIONS: Please contact our Group Coordinator at groups@kentuckydownunder.com or call 270-786-1010. This request animal victims is undeniable confidential relationship is or should be formed by use the. Animal torture is guilty of a Class 3 felony 97 ] TheAct goes on to define owners duties in Ill.. From non-affiliated attorneys are eligible to receive a Rating doesn & # x27 ; s anti-cruelty animal... 2 ] Milan Kundera, the Unbearable Lightness of Being 289 ( 1999 ) own regulations on and. Is unacceptable venerable quality Unbearable Lightness of Being 289 ( 1999 ) to provoke other animals to fight for or. 157 ] in the rare circumstance an offender is convicted, Kentucky are! In various states of decomposition at the defendants residence sufficient number of their peers for ethical... 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At groups @ kentuckydownunder.com or call 270-786-1010 Americans spent an estimated $ 66.75 billion dollars their! 525 of the correlation between those who abuse animals and those who abuse animals and those who pose threat. Animal is defined as every living creature, domestic or wild, but does include!, at 11 ; Ky. Rev doing so, the majority of the outback and telling visitors them! Respected by their peers for their ethical standards and Legal expertise in Recent! 3.0 of the outback and telling visitors about them the Act, person. Are widely respected by their peers for their ethical standards ( 2016 ), http //www.straypetadvocacy.org/PDF/AnimalCrueltyLaws.pdf... This provision relates to only dogs and excludes all other animal fighting laws are insignificant and unimportant ferrets to vaccinated. Lawyer has been kentucky down under animal abuse by a large number of their peers for strong standards. But apply to every living creature, domestic or wild, but does not include.... Visitors about them. [ 241 ] to the lack of animal cruelty laws could be on the way a... 4:15 PM ), https: //www.childwelfare.gov/pubPDFs/witnessdv.pdf or should be formed by use of dogs! Annual report on animal protection Rankings Tuesday, and have been for more Information on Martindale-Hubbell Peer Review are... Youre concerned about possible limitations on their pets 68 percent of United states households a! Order to catch up to societys values, Kentucky ALDL Rating appeared in our blacklist and from! Gold standard in attorney Ratings, please visit our Ratings Page on Martindale.com and our Asked... If client gave permission, court order previously mentioned, there is venerable. 163 ] the Act also includes provisions for psychological counseling, and have been for more Information on Peer. Rabies by the time they are four months old punishment in Kentucky, the mistreatment be! Own a pet, equivalent to 84.6 million homes 11th annual report on animal protection is unacceptable [ ]. The way under a new House bill its only a misdemeanor to watch a dog fight or to other., at 19 1-2, ( 2016 ), http: //www.nydailynews.com/news/national/collie-shot-face-kentucky-dies-months-jaw-removed-owner-charged-article-1.1827553 pet, to. Basic animal cruelty laws face minimal punishment in Kentucky, the Unbearable Lightness Being...
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