What's happening
This bill increases penalties for aggravated animal cruelty, making it a more serious felony if committed in a child's presence.
Why it matters
Elevates the seriousness of animal cruelty when committed in front of children. The bill creates a new, higher-level felony (class D) for aggravated animal cruelty offenses witnessed by minors, recognizing the potential psychological harm to children who see or hear such acts.
Increases potential prison sentences for offenders. By distinguishing between general aggravated animal cruelty (class E felony) and acts done in a child’s presence (class D felony), the bill allows for harsher penalties for the latter, potentially resulting in longer prison terms and greater deterrence.
Highlights the intersection of animal abuse and child welfare. The legislation acknowledges research showing that witnessing animal cruelty can traumatize children and is often linked to broader patterns of family violence, prompting a more robust legal response.
Clarifies legal definitions and prosecutorial standards. The bill specifies what constitutes “in the presence of a child,” providing clearer guidelines for law enforcement and courts, which could lead to more consistent application of the law.
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Who cares
Headline styles
Increase Penalties for Animal Cruelty
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Increase Penalties for Animal Abuse
In Senate Committee · Rules · Sponsor Kenneth P. LaValle
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2140
2017-2018 Regular Sessions
IN ASSEMBLY
January 17, 2017
Introduced by M. of A. ROSENTHAL, MOYA, LUPARDO -- Multi-Sponsored by -- M. of A. COLTON, GLICK, LIFTON, McDONOUGH, THIELE -- read once and referred to the Committee on Codes
AN ACT to amend the agriculture and markets law, in relation to acts of animal cruelty in the presence of a child
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 1 and 3 of section 353-a of the agriculture and markets law, as added by chapter 118 of the laws of 1999, are amended to read as follows:
1. A person is guilty of aggravated cruelty to animals when, with no justifiable purpose, he or she intentionally kills or intentionally causes serious physical injury to a companion animal with aggravated cruelty. For purposes of this section, "aggravated cruelty" shall mean conduct which: [(i)] (a) is intended to cause extreme physical pain; or [(ii)] (b) is done or carried out in an especially depraved or sadistic manner.
3. [Aggravated cruelty to animals is a felony. A defendant convicted of this offense shall be sentenced pursuant to paragraph (b) of subdivision one of section 55.10 of the penal law provided,] (a) Any person who commits one or more of the acts specified in subdivision one of this section is guilty of a class E felony; provided however, that any term of imprisonment imposed for [violation] a conviction of this section shall be a definite sentence, which may not exceed two years.
(b) Any person who commits one or more of the acts specified in subdivision one of this section in the presence of a child is guilty of a class D felony. For the purposes of this section, "in the presence of a child" shall mean in the physical presence of a child under the age of eighteen knowing or having reason to know that a child is present and may see or hear such act.
§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05365-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.