What's happening
This bill creates new felony offenses for intentionally harming or killing a companion animal to threaten, intimidate, or harass a household member, with higher penalties if done in a minor child's presence.
Why it matters
Targets a form of domestic abuse. By criminalizing the intentional harm or killing of a companion animal to intimidate or control a household member, the bill directly addresses a tactic abusers may use to exert power, filling a gap not always covered by existing animal cruelty or domestic violence laws.
Recognizes the emotional impact on children. The creation of a separate, more severe first-degree felony offense when such acts are committed in the presence of a minor child acknowledges the lasting trauma that witnessing animal cruelty can inflict on children and seeks to deter this behavior with stronger penalties.
Expands legal definitions for prosecution. The bill clearly defines “family or household member,” “companion animal,” and “minor child” by referencing existing state laws, which may streamline prosecution and ensure that various domestic relationships and types of animals are covered.
Signals a broader societal stance. By elevating these acts to felonies (Class D and Class C), New York would be making a strong statement about the seriousness of animal harm as a tool of coercion and the interconnectedness of animal welfare and human safety, potentially encouraging other states to adopt similar protections.
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Who cares
Headline styles
Ban Animal Cruelty for Intimidation
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
588
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
Introduced by M. of A. L. ROSENTHAL, SEAWRIGHT -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to establishing the crimes of cruelty to animals to threaten, intimidate or harass in the second degree and first degree
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 two new sections 120.80 and 120.85 to read as follows: § 120.80 Cruelty to animals to threaten, intimidate or harass in the
second degree.
1. A person is guilty of cruelty to animals to threaten, intimidate or harass in the second degree when he or she intentionally injures or kills, with no justifiable purpose, any companion animal with the intent to threaten, intimidate, or harass a family or household member who he or she knows or should have known owned, possessed, leased, kept, or held such companion animal.
2. For purposes of this section:
(a) "Family or household member" shall have the same meaning as subdivision two of section four hundred fifty-nine-a of the social services law.
(b) "Companion animal" shall have the same meaning as subdivision five of section three hundred fifty of the agriculture and markets law.
Cruelty to animals to threaten, intimidate or harass in the second degree is a class D felony. § 120.85 Cruelty to animals to threaten, intimidate or harass in the
first degree.
1. A person is guilty of cruelty to animals to threaten, intimidate or harass in the first degree when he or she intentionally injures or kills, with no justifiable purpose and in the presence of a minor child,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04066-01-9
A. 588 2
any companion animal with the intent to threaten, intimidate, or harass a family or household member who he or she knows or should have known owned, possessed, leased, kept, or held such companion animal.
2. For purposes of this section:
(a) "Family or household member" shall have the same meaning as subdivision two of section four hundred fifty-nine-a of the social services law.
(b) "Companion animal" shall have the same meaning as subdivision five of section three hundred fifty of the agriculture and markets law.
(c) "Minor child" means an individual under the age of eighteen.
(d) "Presence of a minor 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.
Cruelty to animals to threaten, intimidate or harass in the first degree is a class C felony.
§ 2. This act shall take effect on the sixtieth day after it shall have become a law.
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.