Here’s the Kansas Animal Cruelty Statute.  It looks like they are going to have a difficult time proving the case if the evidence shows that the dog was unharmed.

K.S.A. § 21-4310 (2006)21-4310.   Cruelty to animals.

    (a) Cruelty to animals is:

(1)  Intentionally and maliciously killing, injuring, maiming, torturing, burning or mutilating any animal;

(2)  intentionally abandoning or leaving any animal in any place without making provisions for its proper care;

(3)  having physical custody of any animal and intentionally failing to
provide such food, potable water, protection from the elements,
opportunity for exercise and other care as is needed for the health or
well-being of such kind of animal;

(4)  intentionally using a wire, pole, stick, rope or any other object
to cause an equine to lose its balance or fall, for the purpose of
sport or entertainment; or

(5)  intentionally causing any physical injury other than the acts described in subsection (a)(1).

(b)  The provisions of this section shall not apply to:

(1)  Normal or accepted veterinary practices;

(2)  bona fide experiments carried on by commonly recognized research facilities;

(3)  killing, attempting to kill, trapping, catching or taking of any
animal in accordance with the provisions of chapter 32 or chapter 47 of
the Kansas Statutes Annotated;

(4)  rodeo practices accepted by the rodeo cowboys’ association;

(5)  the humane killing of an animal which is diseased or disabled
beyond recovery for any useful purpose, or the humane killing of
animals for population control, by the owner thereof or the agent of
such owner residing outside of a city or the owner thereof within a
city if no animal shelter, pound or licensed veterinarian is within the
city, or by a licensed veterinarian at the request of the owner
thereof, or by any officer or agent of an incorporated humane society,
the operator of an animal shelter or pound, a local or state health
officer or a licensed veterinarian three business days following the
receipt of any such animal at such society, shelter or pound;

(6)  with respect to farm animals, normal or accepted practices of
animal husbandry, including the normal and accepted practices for the
slaughter of such animals for food or by-products and the careful or
thrifty management of one’s herd or animals, including animal care
practices common in the industry or region;

(7)  the killing of any animal by any person at any time which may be
found outside of the owned or rented property of the owner or custodian
of such animal and which is found injuring or posing a threat to any
person, farm animal or property;

(8)  an
animal control officer trained by a licensed veterinarian in the use of
a tranquilizer gun, using such gun with the appropriate dosage for the
size of the animal, when such animal is vicious or could not be
captured after reasonable attempts using other methods;

(9)  laying an equine down for medical or identification purposes;

(10)  normal or accepted practices of pest control, as defined in subsection (x) of K.S.A. 2-2438a, and amendments thereto; or

(11)  accepted practices of animal husbandry pursuant to regulations
promulgated by the United States department of agriculture for domestic
pet animals under the animal welfare act, public law 89-544, as amended
and in effect on July 1, 2006.

(c)  As used in this section:

(1)  ”Equine” means a horse, pony, mule, jenny, donkey or hinny.

(2)  ”Maliciously” means a state of mind characterized by actual
evil-mindedness or specific intent to do a harmful act without a
reasonable justification or excuse.

(d)  (1)  Cruelty to animals
as described in subsection (a)(1) is a nonperson felony. Upon
conviction of this subsection, a person shall be sentenced to not less
than 30 days or more than one year’s imprisonment and be fined not less
than $ 500 nor more than $ 5,000. During the mandatory 30 days
imprisonment, such offender shall have a psychological evaluation
prepared for the court to assist the court in determining conditions of
probation. Such conditions shall include, but not be limited to, the
completion of an anger management program.

(2)  The first conviction of cruelty to animals
as described in subsection (a)(2), (a)(3), (a)(4) and (a)(5) is a class
A nonperson misdemeanor. The second or subsequent conviction of cruelty to animals
as described in subsection (a)(2), (a)(3), (a)(4) and (a)(5) is a
non-person felony. Upon such conviction, a person shall be sentenced to
not less than five days or more than one year’s imprisonment.

(e)  For purposes of this section, “animal” shall have the meaning ascribed to it in K.S.A. 21-4313, and amendments thereto.