S T A T E O F N E W Y O R K
I N S E N A T E
May 13, 2010
Introduced by Sen. KRUEGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the penal law, in relation to prohibiting the dissem-
ination of depictions of animal cruelty
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The penal law is amended by adding a new section 245.13 to
read as follows:
S 245.13 DISSEMINATING A DEPICTION OF ANIMAL CRUELTY.
1. A PERSON IS GUILTY OF DISSEMINATING A DEPICTION OF ANIMAL CRUELTY
WHEN HE OR SHE KNOWINGLY PROMOTES A DEPICTION OF ANIMAL CRUELTY.
2. AS USED IN THIS SECTION:
A. "DEPICTION OF ANIMAL CRUELTY" MEANS ANY VISUAL DEPICTION, INCLUDING
ANY PHOTOGRAPH, MOTION-PICTURE FILM, VIDEO RECORDING OR ELECTRONIC
IMAGE, WHICH DEPICTS AN ANIMAL BEING INTENTIONALLY INJURED OR KILLED,
(1) DEPICTS ACTUAL CONDUCT IN WHICH A LIVING ANIMAL IS TORTURED,
MAIMED, OR MUTILATED THAT VIOLATES ANY CRIMINAL PROHIBITION ON INTEN-
TIONAL CRUELTY UNDER FEDERAL LAW OR STATE LAW; AND
(2) TAKEN AS A WHOLE, DOES NOT HAVE RELIGIOUS, POLITICAL, SCIENTIFIC,
EDUCATIONAL, JOURNALISTIC, HISTORICAL, OR ARTISTIC VALUE.
B. "PROMOTE" MEANS TO MANUFACTURE, CREATE, ISSUE, SELL, GIVE, PROVIDE,
POSSESS, FURNISH, LEND, MAIL, DELIVER, TRANSFER, TRANSMIT, PUBLISH,
DISTRIBUTE, CIRCULATE, DISSEMINATE, PRESENT, EXHIBIT OR ADVERTISE, OR TO
OFFER TO AGREE TO DO THE SAME.
3. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT THE SELLING
OR OFFERING TO SELL A VIDEO THAT DEPICTS HUNTING.
DISSEMINATING A DEPICTION OF ANIMAL CRUELTY IS A CLASS D FELONY,
PUNISHABLE BY IMPRISONMENT OR BY BOTH IMPRISONMENT AND FINE.
S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.