Prohibits the dissemination of depictions of animal cruelty

1 Co-sponsor

• José M. Serrano

BILL NUMBER:S4031

Title of bill

An act to amend the penal law, in relation to prohibiting the dissemination of depictions of animal cruelty

Purpose

The purpose of this bill is to outlaw the dissemination and possession of videos which depict animal cruelty, including those known as crush videos by making such dissemination a class D felony.

Summary of provisions

Establishes that a person is guilty of disseminating a depiction of animal cruelty when he or she knowingly promotes such a depiction.

Defines "depiction of animal cruelty" as any visual depiction which shows an animal being intentionally tortured, maimed, or mutilated.

Provides for an exemption for al filmed or electronic images depicting hunting, farming, veterinary practices or law enforcement purposes. Establishes that disseminating a depiction of animal cruelty is a class D felony.

Justification

Animal crush videos are videos that depict a woman, typically in bare feet or high heels, slowly crushing a small animal (such as a puppy, kitten, bunny, or mouse) to death. In some, the woman's voice can be heard talking to the animals in a dominatrix pattern as the squeaks and cries of the animal are also audible. Though the actions depicted in animal crush videos are illegal under animal cruelty statutes, it is virtually impossible to prosecute such offenses due to the fact that the individuals shown are rarely identifiable.

The Supreme Court of the United States recently struck down a law which outlawed the creation, sale, or possession of certain depictions of animal cruelty on the grounds that the statute infringed on the first amendment right to free speech. However, the court also noted that in its decision, it did not "decide whether a statute limited to crush videos or other depictions of extreme animal cruelty would be unconstitutional," noting that the overturned law was simply too broad and would have applied to any video which showed the killing of an animal, including hunting videos.

This bill is much narrower than the federal statute which was overturned, and would outlaw the dissemination of only certain depictions of animal cruelty. This bill would only apply to depictions of animal cruelty that are illegal and depict a living animal that is tortured, maimed or mutilated. It provides an exemption for hunting videos (which are commonly used for instruction) farming or veterinary practices and law enforcement purposes. Additional exemptions include videos which are of religious, political, scientific, educational, journalistic, historical, or artistic value.

Fiscal implications

None.

Effective date

This act takes effect on the first November next succeeding the date it shall have become law.