What's happening
This bill broadens the definition of aggravated cruelty to animals by removing specific requirements about intent or manner of harm.
Why it matters
Expands prosecutable cases. By removing the requirement to prove “aggravated cruelty” involved intent to cause extreme physical pain or especially depraved/sadistic actions, more cases of animal harm can be prosecuted as aggravated cruelty—even if the manner wasn’t particularly “depraved.”
Lowers burden for conviction. Prosecutors no longer have to demonstrate the specific mindset or methods (like sadism or extreme pain) behind the abuse, making it easier to convict individuals who intentionally kill or seriously injure companion animals.
Stronger deterrent and protection. The broader language could act as a stronger deterrent by signaling that any intentional, unjustifiable killing or serious injury to companion animals may result in harsher penalties, potentially leading to better protection for animals.
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Who cares
Headline styles
Change Animal Cruelty Definition
Plain English, a few words. Used as the page title.
Sponsors
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.
Clarify Animal Cruelty Law
In Assembly Committee · Agriculture · Sponsor Felix Ortiz
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1433
2019-2020 Regular Sessions
IN SENATE
January 14, 2019
Introduced by Sens. RITCHIE, BOYLE, BRESLIN, GALLIVAN, SEPULVEDA -- 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 aggravated cruelty to animals
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. 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].
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04975-01-9
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 aggra- vated cruelty to animals
Purpose
Instances of abuse and neglect involving companion animals are very disturbing. Research also indicates that those who engage in animal cruelty are often also linked to crimes against people. When animal abuse has occurred in a home, other forms of violence are often present and impact children, the elderly and spouses. Acts of animal cruelty can also lead to criminal behavior such as assault, rape, murder, burglary, and drug offenses. Law enforcement has long recognized animal cruelty as a bridge crime, and as a result, the Federal Bureau of Investigations (FBI) recently moved animal cruelty to a top tier Group A offense in its crime reporting statistics.
Summary of provisions
Section 1 of the bill amends subdivision 1 of section 353-a if the agri- culture and markets law regarding the crime of aggravated cruelty to animals.
Section 2 of the bill provides the effective date.
Existing law
Under existing law, to be guilty of aggravated cruelty to animals, a person must be found to have intended to cause extreme physical pain or have done or have acted in an especially depraved or sadistic manner.
Justification
Horrific acts committed against pets have been reported in New York State, including cases where animals have been set on fire, stabbed, hung, beaten, starved, and shot. Sadly, only a small percentage of such cases result in felony convictions because it is difficult to prove aggravated cruelty under the current definition of the crime. Removing the elements of 'especially depraved or sadistic' would not elevate the existing offense or penalties; however, it would help ensure better enforcement of the current statute. The law is intended to protect companion animals from especially depraved acts of violence and to provide justice for these crimes. Causing intentional, unjustified seri- ous injury or death is dangerous and violent behavior which should be treated as such. The elements of "depravity" and "sadism" blur the significance of these crimes and act as a deterrent to proper and appro- priate prosecution. This bill seeks to bring greater clarity to cases of animal cruelty and protect New York State families and communities.
Legislative history
2018: S.7375/A.8851.
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.