What's happening
This bill establishes new felony penalties for stealing companion animals or pets, with higher penalties for aggravated cases.
Why it matters
Elevates the seriousness of pet theft. By specifically defining pet theft as a felony (class E for standard cases, class D for aggravated cases), the bill acknowledges the emotional and social importance of companion animals, distinguishing these crimes from general property theft and potentially leading to longer prison sentences.
Recognizes aggravated circumstances. The creation of a higher penalty for cases involving "aggravated cruelty" or selling stolen pets for scientific research addresses particularly egregious and traumatic forms of animal theft, which may provide greater deterrence and justice for pet owners.
Clarifies legal exceptions. The bill specifically exempts lawful activities such as hunting, trapping, handling rabid/diseased animals, and approved scientific research, ensuring that legitimate and regulated uses of animals are not unintentionally criminalized by the new law.
May impact law enforcement and judicial priorities. With clear definitions and felony classifications, police and prosecutors may be more likely to prioritize and pursue pet theft cases, potentially improving recovery rates for stolen pets and increasing accountability for offenders.
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Who cares
Pet owners
The bill would create a class E felony for stealing dogs, cats or other household pets, excluding farm animals.
Prosecutors and defense attorneys
The bill would establish a class D felony when a stolen pet is sold for scientific research or intentionally killed or seriously injured with aggravated cruelty and no justifiable purpose.
Animal research laboratories
The bill would preserve protections for properly conducted research at approved laboratories while making the sale of stolen pets for scientific research a first-degree offense.
Headline styles
Create Pet Theft Felonies
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
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.
Make Pet Theft a Felony
In Senate Committee · Codes · Sponsor Monica Martinez
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1733
2019-2020 Regular Sessions
IN ASSEMBLY
January 16, 2019
Introduced by M. of A. LENTOL -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to theft of a companion animal or pet
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The penal law is amended by adding three new sections 165.75, 165.76 and 165.77 to read as follows: § 165.75 Definitions.
As used in sections 165.76 and 165.77 of this article, the following terms have the following definitions:
1. The term "companion animal" or "pet" is defined as a dog, cat, or any other domesticated animal normally maintained in or near the household of the owner or person who cares for such domesticated animal. "Pet" or "companion animal" shall not include a "farm animal" as defined in subdivision four of section three hundred fifty of the agriculture and markets law.
2. The term "aggravated cruelty" shall mean conduct which:
a. is intended to cause extreme physical pain; or
b. is done or carried out in an especially depraved or sadistic manner. § 165.76 Pet theft in the second degree.
1. A person is guilty of pet theft in the second degree when he or she steals a companion animal or pet.
2. Nothing contained in this section shall be construed to prohibit or interfere in any way with anyone lawfully engaged in hunting, trapping, or fishing, as provided in article eleven of the environmental conservation law, the dispatch of rabid or diseased animals, as provided in article twenty-one of the public health law, or the dispatch of animals posing a threat to human safety or other animals, where such action is otherwise legally authorized, or any properly conducted scientific
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04488-01-9
A. 1733 2
tests, experiments, or investigations involving the use of living animals, performed or conducted in laboratories or institutions approved for such purposes by the commissioner of health pursuant to section three hundred fifty-three of the agriculture and markets law.
Pet theft in the second degree is a class E felony. § 165.77 Pet theft in the first degree.
1. A person is guilty of pet theft in the first degree when he or she commits pet theft in the second degree, and when:
a. such animal is sold for scientific research purposes; or
b. with no justifiable purpose, he or she intentionally kills or intentionally causes serious physical injury to such companion animal or pet with aggravated cruelty.
2. Nothing contained in this section shall be construed to prohibit or interfere in any way with anyone lawfully engaged in hunting, trapping, or fishing, as provided in article eleven of the environmental conservation law, the dispatch of rabid or diseased animals, as provided in article twenty-one of the public health law, or the dispatch of animals posing a threat to human safety or other animals, where such action is otherwise legally authorized, or any properly conducted scientific tests, experiments, or investigations involving the use of living animals, performed or conducted in laboratories or institutions approved for such purposes by the commissioner of health pursuant to section three hundred fifty-three of the agriculture and markets law.
Pet theft in the first degree is a class D felony.
§ 2. This act shall take effect immediately.
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.