Increases certain penalties for violating the prohibition of animal fighting and for aggravated cruelty to animals

Summary of provisions

Section 1: Amends subdivision 2 of section 351 of Agriculture and Markets Law to increase the maximum prison sentence from four to six years, and increase the maximum fine from $25,000 to $30,000, for any person who engages in the following felony conduct: (1) for amusement or gain causes an animal to engage in animal fighting; or (2) trains any animal with an intent that such animal engage in animal fighting; or (3) breeds, sells or offers for sale, any animal with the intent that such animal engage in animal fighting; or (4) permits any of the aforementioned acts to occur on a premises under his or her control; or (4) owns, possesses or keeps an animal trained to engage in animal fighting on the premises where animal fighting is being conducted with the intent that such animal engage in animal fighting.

Section 2: Amends paragraph (a) of subdivision 3 of section 351 of Agriculture and Markets Law to increase the penalty for any person who owns, possesses or keeps an animal with the intent to engage such animal in animal fighting, from a misdemeanor (punishable by up to one year of jail and/or a fine not to exceed $15,000) to a felony (punishable by up to four years in prison and/or a fine not to exceed $20,000).

Section 3: Amends paragraph (a) of subdivision 4 of section 351 of Agriculture and Markets Law to increase the penalty for a person who is knowingly present as a spectator having paid an admission fee or made a wager at any place where an exhibition of animal fighting is being conducted, from a misdemeanor (punishable by up to one year of jail and/or a fine not to exceed $1,000) to a felony (punishable by up to two years in prison and/or a fine not to exceed $10,000).

Section 4: Amends subdivision 3 of section 353-a of Agriculture and Markets Law to increase the penalty for the crime of Aggravated Cruelty to Animals, committed when a person, for no justifiable purpose, intentionally kills or intentionally causes serious physical injury to a companion animal with aggravated cruelty, from a felony (punishable by a definite sentence not to exceed two years and/or a fine not to exceed $5,000) to a felony (punishable by up to four years imprisonment and/or a fine not to exceed $10,000). Section 4 also directs the court to require any person convicted of or adjudicated a youthful offender for the crime of Aggravated Cruelty

to Animals to under psychiatric evaluation/treatment at his or her own expense.

Section 5: Effective date.

Justification

The recent media fury surrounding Atlanta Falcon Michael Vick's dog fighting case including allegations that he brutally executed dogs not considered vicious or aggressive enough has focused attention on the gruesome world of animal fighting.

According to the U.S. Humane Society, dog fighting is illegal in all 50 states and the District of Columbia. Forty-eight states and the District of Columbia have made dog fighting a felony offense; 47 states prohibit the possession of dogs for fighting and 46 states prohibit being a spectator at a dog fight. In July 2007, the Humane Society ranked New York State 44th among states in the severity of its dog fighting laws. While the state considers dog fighting a felony, being a spectator (having paid an admission or made a bet) at these fights or owning or possessing a dog with the intent to use it in a dogfight are only misdemeanors. This bill would create felony penalties for these acts, significantly increasing both applicable prison terms and fines, to provide more meaningful deterrents against this blood sport.

The maximum prison term for the crime of Aggravated Cruelty to Animals (aka Buster's Law), the intentional killing or intentionally causing serious physical injury to a companion animal with animal cruelty is only two years and/or a $5,000 fine. Animal cruelty is viewed by experts as an indicator for future violence against humans. This bill would increase the maximum prison sentence to four years and maximum fine to $10,000, making the punishment more fitting of the crime.

Animal cruelty is viewed by experts as an indicator for future violence against humans. Since his 1997 arrest that led to "Buster's Law," Chester Williamson has been imprisoned numerous times for crimes including Possession of Stolen Property and Attempted Burglary. In Fall 2007 his criminal path took a predictable turn with his arrest for attempted rape, sexual abuse and unlawful imprisonment of a 12-year-old girl.

Requiring early intervention in the form of psychiatric evaluation and treatment would be another tool in the attempt to modify behavior patterns to halt this pattern for escalating abuse.

Legislative history

2010: A.8444, Referred to Agriculture 2009: A.8444, Referred to Agriculture 2008: A.9613, Held for Consideration in Agriculture

Fiscal implications

None.

Effective date

This act shall take effect immediately.