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Assembly Bill A11161B

2009-2010 Legislative Session

Prohibits the dissemination of depictions of animal cruelty

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2009-A11161 - Details

See Senate Version of this Bill:
S7812
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §245.13, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: S440
2013-2014: S4031

2009-A11161 - Summary

Prohibits the dissemination of depictions of animal cruelty.

2009-A11161 - Sponsor Memo

2009-A11161 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  11161

                          I N  A S S E M B L Y

                              May 21, 2010
                               ___________

Introduced  by  M.  of A. GLICK, LUPARDO, SCARBOROUGH, MILLMAN, SAYWARD,
  WEISENBERG, KOON -- Multi-Sponsored by -- M. of  A.  ABBATE,  BURLING,
  CHRISTENSEN,  COLTON,  FINCH,  GIBSON,  MAYERSOHN, McDONOUGH, McENENY,
  PHEFFER, SCHIMEL, TITONE, TOWNSEND -- read once and  referred  to  the
  Committee on Codes

AN  ACT  to  amend the penal law, in relation to prohibiting the dissem-
  ination of crush videos and other 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 CRUSH VIDEO OR OTHER 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,
THAT:
  (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,
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  C  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

co-Sponsors

multi-Sponsors

2009-A11161A - Details

See Senate Version of this Bill:
S7812
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §245.13, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: S440
2013-2014: S4031

2009-A11161A - Summary

Prohibits the dissemination of depictions of animal cruelty.

2009-A11161A - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                11161--A

                          I N  A S S E M B L Y

                              May 21, 2010
                               ___________

Introduced  by  M.  of A. GLICK, LUPARDO, SCARBOROUGH, MILLMAN, SAYWARD,
  WEISENBERG, KOON, MAISEL -- Multi-Sponsored by --  M.  of  A.  ABBATE,
  BURLING,  CAHILL, CHRISTENSEN, COLTON, FINCH, GIBSON, MAYERSOHN, McDO-
  NOUGH, McENENY, PHEFFER, SCHIMEL, TITONE, TOWNSEND --  read  once  and
  referred  to  the  Committee  on  Codes  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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,
THAT:
  (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  C  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.

co-Sponsors

multi-Sponsors

2009-A11161B (ACTIVE) - Details

See Senate Version of this Bill:
S7812
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §245.13, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: S440
2013-2014: S4031

2009-A11161B (ACTIVE) - Summary

Prohibits the dissemination of depictions of animal cruelty.

2009-A11161B (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                11161--B

                          I N  A S S E M B L Y

                              May 21, 2010
                               ___________

Introduced  by  M.  of A. GLICK, LUPARDO, SCARBOROUGH, MILLMAN, SAYWARD,
  WEISENBERG, KOON, MAISEL -- Multi-Sponsored by --  M.  of  A.  ABBATE,
  BRENNAN,  BURLING,  CAHILL,  CHRISTENSEN,  COLTON,  FINCH,  GABRYSZAK,
  GIBSON, MAYERSOHN, McDONOUGH, McENENY, PHEFFER, SCHIMEL, TITONE, TOWN-
  SEND -- read once and referred to the Committee on Codes --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  -- again reported from said committee with amend-
  ments, 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,
THAT:
  (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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD17297-08-0

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