Relates to promoting animal fighting; and repeals certain provisions of such law relating thereto

Section three of this bill transfers the pre-existing definitions of "animal fighting" and "animal fighting paraphernalia" out of section 351 and into section 350 of the agriculture and markets law (section 350 is the "definitions" section for the overarching article). The definition of "animal fighting paraphernalia" is substantively unchanged. The definition of "animal fighting" is streamlined but possesses no change of legal import.

Section four of this bill repeals the existing section 351 in its entirety and breaks it into three successive criminal statutes (proposed sections 351 (Promoting Animal Fighting in the Third Degree), 351-a (Promoting Animal Fighting in the Second Degree), and 351-b (Promoting Animal Fighting in the First Degree)). The proposed section 351 contains vestiges of the existing subdivisions (6) and (5) of section 351. Specifically, section 351(6)(a), which pertains to animal fighting paraphernalia, serves as the foundation for the proposed section 351(1). Section 351(5)(b), which pertains to the knowing attendance of an animal fight, serves as the foundation for the proposed section 351(2). Both offenses remain class B misdemeanors despite the transfer; however, with the addition of language that harmonizes these class B misdemeanors with penal law misdemeanors, violators are subjected to the taking of fingerprints, palmprints, and mugshots (as with any penal law misdemeanor). The proposed section 351(1) also replaces the concept of "intentional" possession, which is virtually unique among possession-based crimes, with language that harmonizes the level of proof to other existing passages of section 351 (most notably as they relate to possession of animals themselves).

Section five of this bill creates the new crime of Promoting Animal Fighting in the Second Degree, which, in turn, derives its passages from the existing subdivisions (3) and (4) of section 351. Substantive changes to those passages are as follows: (1) the proposed 351-a(1) includes language of "facilitation" of animal fighting, which thusly now includes "bait animals"; (2) the proposed 351-a(2) and 351-a(3)(a) predicate higher penalties on a broader classification of animal crimes offenses, rather than limiting the higher penalty thresholds to a strict re-offense of a specific clause of the statute; (3) violation of the offense now allows for the taking of fingerprints, palmprints, and mugshot at the time of arrest processing.

Section six of this bill creates the new crime of Promoting Animal Fighting in the First Degree, which, in turn, derives its passages from the existing subdivision (2) of section 351. The passages are for the most part transferred without substantive modification, except that the inclusion of the word "transfers" in the language of the proposed 351-b(3) allows for criminal liability without proof of an actual exchange of assets. The penalty for violation of these provisions is also upgraded from an unclassified felony (which otherwise functions as a class E felony) to a class D felony.

Section seven of this bill creates the new crime of Promoting Enterprise Animal Fighting, which serves to elevate the penalty for highly-organized criminal fighting ventures. In order to violate this statute, an offender must (a) be a participant in a "continuous exhibition of animal fighting that includes more than two animals in successive acts of animal fighting," (b) be in possession of "more than six animals under circumstances evincing an intent that such animals engage in, or otherwise facilitate, animal fighting," (c) host a "continuous exhibition of animal fighting that includes more than two animals in successive acts of animal fighting," or (d) repeatedly offend the provisions protecting animals from cruelty.

Section eight of this bill truncates and transplants the authorized sentencing provisions of the existing section 351 into a separate statute as well as adds an opposite sentencing range for the newly created offense of Promoting Enterprise Animal Fighting.

Section nine of this bill conforms the special sentencing provisions of section 374 to the aforesaid statutory changes.

Section ten of this bill eliminates a bizarre loophole in the penal law whereby a repeat felony offender of the animal cruelty provisions cannot be eligible for second felony offender status. It is noted that, pursuant to section 70.70 of the penal law, a third-time offender of the animal cruelty provisions can be eligible for persistent felony offender status.

Section eleven of this bill consists of a severability clause.

Section twelve of this bill consists of its effective date.

Justification

This bill will dramatically impact the state's enforcement of animal fighting, most notably dog- and cock-fighting. According to some estimates, dogfighting is a billion-dollar underground economy - just in the United States. Some studies put the United States' share of this enterprise at a full third of the global dogfighting economy. Money is not only made by abhorrent wagers on the outcomes of fights, but also through the illicit breeding, marketing, trading, and sale of dogs. Professional fighters will market the bloodlines of their winners, make money off of forced breeding sessions (whether successful or not), and sell litters as fast as they can be produced. The underground industry is such that, besides the fighters, there are individuals who specialize as "promoters" of fights, as breeders, as trainers, and as sellers. Because the activity must go undetected, there is also a strong subversive demand for medications, specialized equipment, veterinary services, and "dark web" communication platforms (unregistered internet sites, invisible to public view).

Another awful truth of this already-atrocious enterprise is that fighters will sometimes steal animals from their surrounding community - small dogs or cats - to use for bait or training for their kennels. Due to the financial benefits of this enterprise, animal fighting often serves as an underground economy for narcotics and weapons traffickers.

The current laws in effect for combating animal fighting are insufficient to deter perpetrators from the possible financial benefits of participation. In Nassau County, an individual was recently captured and convicted for a fourth dogfighting offense in 16 years. Indeed, in the most recent case, he was rearrested on new animal fighting charges while on parole for only one month following release from his last felony conviction. His sentencing exposure for the most recent arrest remained capped at 1 and 1/3 to 4 years' incarceration, with early release eligibility much sooner than the full term. The concept that highly organized, underground criminal enterprises, no matter how sophisticated or connected with other illegal enterprises, can only be punished at a class E felony level is inherently faulty. Equally faulty is the concept that current misdemeanor animal fighting charges do not allow for the capture of fingerprints, palmprints, or mugshots upon arrest.

As animal fighting is almost always multiple animals being abused simultaneously, the sentencing and penalty structure should be modified to take this "exponential" aspect into account.

This bill recognizes the seriousness and pervasiveness of the underground world of animal fighting, its financial appeal, its associated crimes, and its weak enforcement, and moves to correct it with measured and reasonable levels of criminal liability.

Legislative history

This is a new bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately.