What's happening
This bill makes causing the death of an animal through cruelty a class D felony and removes "kills" from certain misdemeanor animal cruelty statutes.
Why it matters
Elevates the legal consequences for animal cruelty resulting in death. by making it a class D felony, which means substantially harsher penalties—including possible prison time—compared to previous misdemeanor charges.
Distinguishes between acts of cruelty that kill animals and those that do not. , clarifying that only cruelty resulting in death is a felony, while other forms of cruelty remain misdemeanors. This creates a clearer legal threshold for the most serious offenses.
Removes the act of "killing" from certain misdemeanor animal cruelty statutes. , signaling that any death caused by cruelty will now be prosecuted under the new, more serious felony provision rather than as a lesser crime.
May deter severe animal abuse. by increasing the risks for offenders, while also potentially impacting animal welfare investigations, plea bargaining, and the willingness of prosecutors to pursue felony charges in cruelty cases.
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Who cares
Headline styles
Increase Penalties for Animal Killers
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to agriculture
- Referred to agriculture
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.
Harsher Animal Death Penalties
In Assembly Committee · Agriculture · Sponsor Nicole Malliotakis
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6146
2017-2018 Regular Sessions
IN SENATE
May 11, 2017
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to penalties for causing the death of an animal
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The agriculture and markets law is amended by adding a new section 352 to read as follows:
§ 352. Causing the death of an animal. A person is guilty of causing the death of an animal, when he or she commits a crime under section three hundred fifty-three or section three hundred fifty-three-a of this article, and such conduct results in the death of an animal. Causing the death of an animal is a class D felony.
§ 2. The opening paragraph of section 353 of the agriculture and markets law, as amended by chapter 523 of the laws of 2005, is amended to read as follows:
A person who overdrives, overloads, tortures or cruelly beats or unjustifiably injures, maims, or mutilates [or kills] any animal, whether wild or tame, and whether belonging to himself or to another, or deprives any animal of necessary sustenance, food or drink, or neglects or refuses to furnish it such sustenance or drink, or causes, procures or permits any animal to be overdriven, overloaded, tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated [or killed], or to be deprived of necessary food or drink, or who wilfully sets on foot, instigates, engages in, or in any way furthers any act of cruelty to any animal, or any act tending to produce such cruelty, is guilty of a class A misdemeanor and for purposes of paragraph (b) of subdivision one of section 160.10 of the criminal procedure law, shall be treated as a misdemeanor defined in the penal law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06913-01-7
S. 6146 2
§ 3. Subdivision 1 of section 353-a of the agriculture and markets law, as added by chapter 118 of the laws of 1999, is 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) is intended to cause extreme physical pain; or (ii) is done or carried out in an especially depraved or sadistic manner.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the agriculture and markets law, in relation to penal- ties for causing the death of an animal
Purpose
The purpose of this bill is to elevate the penalty for killing an animal while exhibiting cruelty toward that animal.
Summary of provisions
Section 1 adds § 352 to the agriculture and markets law which creates the offense of causing the death of an animal.
Section 2 removes the killing of an animal from § 353 of the agriculture and markets law.
Section 3 removes the killing of an animal from § 353-a of the agricul- ture and markets law.
Justification
Currently, the penalties are the same for causing serious physical inju- ry and causing death to an animal. The penalty should be more severe if the animal is killed by the conduct exhibited by the defendant.
Fiscal impact
None.
Legislative history
2017: S.6146 - Referred to Agriculture/A.4748 - Referred to Agriculture 2016: S.5117 - Referred to Agriculture/A.5507 - Referred to Agriculture 2015: S.5117 - Referred to Agriculture/A.5507 - Referred to Agriculture
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.