What's happening
This bill creates felony offenses for stealing pets, with harsher charges for research sales or cruelty.
Why it matters
Statewide felony charges. Stealing a pet would become second-degree pet theft, a class E felony, throughout New York.
More serious offenses. First-degree pet theft, a class D felony, would cover stolen pets sold for scientific research or intentionally killed or seriously injured with aggravated cruelty and no justifiable purpose.
Coverage and exceptions. Dogs, cats and other domesticated household animals would be covered, but farm animals would not. The bill preserves specified lawful activities, including hunting, authorized killing of dangerous animals and approved scientific research.
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Who cares
Pet owners
The bill would establish specific felony offenses for theft of their companion animals.
Prosecutors and criminal defense attorneys
They would handle two new offenses with different felony classifications and required elements.
Animal welfare advocates
The higher-level offense would specifically address aggravated cruelty against stolen pets.
Scientific research institutions
Sales of stolen pets for research would trigger the higher-level offense, while properly conducted approved research would remain protected.
Headline styles
Make Pet Theft a Felony
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
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.
Create Pet Theft Felonies
In Assembly Committee · Codes · Sponsor Joseph Lentol
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4252
2019-2020 Regular Sessions
IN SENATE
March 5, 2019
Introduced by Sen. MARTINEZ -- read twice and ordered printed, and when printed to be committed 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
S. 4252 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.
Sponsor's memo
Purpose or general idea of bill
Creates first and second degree pet theft offenses.
Summary
OF SPECIFIC PROVISIONS:
The penal law is amended by adding three new sections; 165.75, 165.76, and 165.77
Justification
Pets often provide companionship that mirrors that of a best friend or loved one. When a pet is stolen, it feels as if a loved one has been. kidnapped. Unfortunately, the law does not currently acknowledge the severity of loss in these sad situations. Pet theft is currently prose- cuted, if at all, as a petit larceny, misdemeanor offense - supposing the loss of a beloved pet is similar to that of any stolen personal property. Pets, however, occupy a special' place in our hearts, homes and society and should, therefore, be distinguished under the law.
This measure creates the first and second degree felony offenses of pet theft. A person is guilty of pet theft in the second degree when he/she steals a companion animal or pet, which is defined as a dog, cat or other domesticated animal normally maintained in or near the household of the owner or person who cares for such animal. Pet theft in the second degree is a class E felony and carries a maximum sentence of four years' imprisonment. A person is guilty of pet theft in the first degree When he/she commits pet theft in the second degree, and when (1) such animal is sold for scientific research purposes; or, (2) with no justi- fiable purpose, he or she intentionally kills or intentionally causes serious physical injury to such companion animal or pet with aggravated cruelty. Pet theft i n the first degree is a class D felony and carries a maximum sentence of seven years imprisonment.
Prior,legislative history
A.9429 of 2010 A.1822 of 2011-12 A.1643 of 2013-14 A.634 of 2015-16 A2101 Lentol No Same as 2017-18
Fiscal implications
None to the state
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.