What's happening
This bill makes causing the death of an animal through certain acts a class D felony instead of a misdemeanor.
Why it matters
Elevates the seriousness of animal cruelty resulting in death. By making the death of an animal due to certain acts (like torture or aggravated cruelty) a class D felony, the bill treats such offenses as significantly more serious, potentially leading to longer prison sentences and higher fines.
Closes a legal gap in existing animal cruelty laws. Previously, causing the death of an animal through cruelty was generally prosecuted as a misdemeanor. This bill specifically separates and escalates the penalty when cruelty results in death, addressing calls for harsher consequences in severe cases.
Signals greater societal condemnation of animal cruelty. The change in penalty reflects a shift in how seriously New York considers animal welfare, emphasizing the moral and social importance of protecting animals from extreme harm.
May impact prosecution and deterrence. By raising the potential penalty to a felony, the bill could encourage prosecutors to pursue more severe charges in egregious cases, and could act as a stronger deterrent against acts of cruelty that could result in an animal’s death.
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Who cares
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Increase Penalties for Animal Killing
Plain English, a few words. Used as the page title.
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History
- Held for consideration in agriculture
- 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.
Tougher Penalties for Animal Deaths
In Senate Committee · Agriculture · Sponsor Andrew J. Lanza
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5734
2019-2020 Regular Sessions
IN ASSEMBLY
February 14, 2019
Introduced by M. of A. MALLIOTAKIS -- read once and referred 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.
LBD06650-01-9
A. 5734 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.