NY State Assembly Bill 2009-A9505

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 07, 2010	referred to agriculture

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2009-A9505 (ACTIVE) - Details

See Senate Version of this Bill:: S2755
Current Committee:: Assembly Agriculture
Law Section:: Penal Law
Laws Affected:: Add §§353-e - 353-l, Ag & Mkts L; add §§245.15 - 245.50, Pen L

2009-A9505 (ACTIVE) - Summary

Establishes the crime of sale or possession of images of animal cruelty.

2009-A9505 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A9505

TITLE OF BILL:  An act to amend the agriculture and markets law and the
penal law, in relation to the creation, sale or possession of images of
animal cruelty

PURPOSE OR GENERAL IDEA OF BILL: This bill amends the agriculture and
markets law and the penal law by establishing the crimes of knowingly
creating, selling or possessing images of animal cruelty.

SUMMARY OF SPECIFIC PROVISIONS: Section one amends the agriculture and
markets law by adding eight new sections: 353-e, 353-f, 353-g, 353-h,
353-i, 353-j, 353k and 353-I. Section 353-e provides that a person is
guilty of creation of images depicting animal cruelty in the third
degree when he or she knowingly creates an image depicting animal cruel-
ty that is other than depictions that have serious religious, political,
scientific, educational, journalistic, historical, or artistic value.
The creation of images depicting animal cruelty in the third degree is a
class A misdemeanor. Section 353-f provides that a person is guilty of
creation of images depicting animal cruelty in the second degree when he
or she knowingly creates an image depicting animal cruelty and intends
to sell or distribute such image. The creation of images depicting
animal cruelty in the second degree is a class E felony. Section 353-g
provides that a person is guilty of creation of images depicting animal
cruelty in the first degree when he or she knowingly creates an image
depicting animal cruelty and intends to sell or distribute such image

and he or she has previously been convicted of the crime of creation of
images depicting animal cruelty in the second degree.  The creation of
images depicting animal cruelty in the first degree is a class D felony.
Section 353-h provides that a person is guilty of possession of image
depicting animal cruelty in the third degree when he or she knowingly
possesses an image depicting animal cruelty. The possession of images
depicting animal cruelty in the third degree is a class A misdemeanor.
Section 353-i provides that a person is guilty of possession of images
depicting animal cruelty in the second degree when he or she knowingly
possesses an image depicting animal cruelty and intends to sell or
distribute such image. The possession of images depicting animal cruelty
in the second degree is a class E felony. Section 353-j provides that a
person is guilty of possession of images depicting animal cruelty in the
first degree when he or she knowingly possesses an image depicting
animal cruelty and he or she has previously been convicted of the crime
of possession of images depicting animal cruelty in the second degree.
The possession of images depicting animal cruelty in the first degree is
a class D felony. Section 353-k provides that a person is guilty of the
sale of images depicting animal cruelty in the second degree when he or
she knowingly sells an image depicting animal cruelty to another person
or entity. The sale of images depicting animal cruelty in the second
degree is a class E felony. Section 353-1 provides that a person is
guilty of the sale of images depicting animal cruelty in the first
degree when he or she knowingly sells an image depicting animal cruelty
to another person or entity and he or she has previously been convicted
of the crime of the sale of images depicting animal cruelty in the

second degree. The sale of images depicting animal cruelty in the first
degree is a class D felony.

The provisions of each of the foregoing sections do not apply to any
depiction that has serious religious, political, scientific, educa-
tional, journalistic, historical or artistic value. In addition, in each
of the foregoing sections, the term "image depicting animal cruelty"
means any visual or auditory depiction, including any photograph,
motion-picture film, video recording, electronic image, or sound record-
ing of conduct in which a living animal is intentionally maimed, muti-
lated, tortured, wounded, or killed, if such conduct is illegal under
federal law or the laws of New York State.

Section two amends the penal law by adding eight new sections 245.15,
245.20, 245.25, 245.30, 245.35, 245.40, 245.45 and 245.50. The
provisions of section 245.15 of the penal law are identical to the
provisions of new section 353-e of the agriculture and markets law.  The
provisions of section 245.20 of the penal law are identical to the
provisions of new section 353-f of the agriculture and markets law. The
provisions of section 245.25 of the penal law are identical to the
provisions of new section 353-g of the agriculture and markets law. The
provisions of section 245.30 of the penal law are identical to the
provisions of new section 353-h of the agriculture and markets law. The
provisions of section 245.35 of the penal law are identical to the
provisions of new section 353-i of the agriculture and markets law. The
provisions of section 245.40 of the penal law are identical to the
provisions of new section 353-j of the agriculture and markets law. The
provisions of section 245.45 of the penal law are identical to the
provisions of new section 353-k of the agriculture and markets law. The
provisions of section 245.50 of the penal law are identical to the
provisions of new section 353-1 of the agriculture and markets law.

JUSTIFICATION: This legislation amends the agriculture and markets law
and the penal law by adding eight new sections to each. The new sections
of law would make it a crime in New York to knowingly create, possess or
sell images depicting animal cruelty. Such activity is already a crime
under federal law. However, this legislation is needed to ensure that
local law enforcement has the authority to reach the purely New York
component of such highly disturbing conduct.

In enacting the federal ban, Congress acknowledged the depraved nature
of depictions of animal cruelty. In debating the federal legislation, it
was stated that the people who buy or watch videos containing depictions
of animal cruelty have an unusual sexual fetish in which they are
aroused by watching living things being tortured or crushed to death. As
part of the allure of such depictions, in so-called "crush videos", the
women killing the animals often wear high heeled or stiletto shoes.

In enacting the federal law, Congress affirmed the public interest in
preventing harm to animals. It also acknowledged that video depictions
promote illegal cruel acts toward animals in general, including those
acts that are not being recorded. Congress also asserted that those who

commit the most violent crimes against people, and especially those who
commit murders, often have progressed to that point after first killing
animals. Ted Bundy, David Berkowitz and Ted Kaczynski all tortured or
killed animals before they started killing people. According to the
Congressional Record, the Federal Bureau of Investigation concluded that
children who torture animals should be considered potentially violent
and may be a factor in profiling a child as the next school shooter.
Additionally, perpetrators of illegal cruel acts toward animals are
often gang members and/or participants in the illegal drug and gun
trades. This legislation is intended to provide an additional tool to
local law enforcement to allow them to investigate and prosecute such
perpetrators. Therefore, in addition to protecting animals, the intent
of the federal ban is to put an end to videos depicting cruelty to
animals in order to help stop behavior that leads to more serious crimes
toward people. This legislation has the same goal and would make the act
of creating, possessing or selling depictions of cruelty to animals a
crime under state law.

Congress did not, however, intend to create a chilling effect on forms
of speech that are constitutionally protected. It did not, for example,
intend to criminalize educational programs that depict bull fights which
are a part of the culture of Spain. As a result, the federal legislation
does not apply to any depiction that has serious religious, political,
scientific, educational, journalistic, historical or artistic value. The
proposed legislation has an identical exception.

PRIOR LEGISLATIVE HISTORY: 2009, A.3130 (Bradley) referred to agricul-
ture and markets committee. Same as S.2755 (Johnson, C.)  referred to
consumer protection. 2008, A.10175 (Bradley) referred to agriculture and
markets committee. Same as S.7873 (Leibell) passed in the Senate.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act will take effect on the one hundred twentieth
day after it shall have become a law.

2009-A9505 (ACTIVE) - Bill Text download pdf

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

                                  9505

                          I N  A S S E M B L Y

                             January 7, 2010
                               ___________

Introduced  by  M.  of  A. PAULIN, BENEDETTO, ROSENTHAL, MARKEY, STIRPE,
  ZEBROWSKI, TITONE, BROOK-KRASNY, CHRISTENSEN, GALEF, JAFFEE,  LUPARDO,
  MAYERSOHN,  MILLMAN, PHEFFER, J. RIVERA, WEISENBERG -- Multi-Sponsored
  by -- M. of A. ALFANO, BING, CLARK, DelMONTE, GABRYSZAK, GLICK,  KOON,
  MAISEL,  REILLY,  SKARTADOS, SWEENEY, THIELE -- read once and referred
  to the Committee on Agriculture

AN ACT to amend the agriculture and markets law and the  penal  law,  in
  relation  to  the  creation,  sale  or  possession of images of animal
  cruelty

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The agriculture and markets law is amended by adding eight
new sections 353-e, 353-f, 353-g, 353-h, 353-i, 353-j, 353-k  and  353-l
to read as follows:
  S  353-E.  CREATION  OF  IMAGES  DEPICTING ANIMAL CRUELTY IN THE THIRD
DEGREE. 1. A PERSON IS GUILTY OF CREATION  OF  IMAGES  DEPICTING  ANIMAL
CRUELTY  IN  THE  THIRD DEGREE WHEN HE OR SHE KNOWINGLY CREATES AN IMAGE
DEPICTING ANIMAL CRUELTY.
  2. THE PROVISIONS OF THIS SECTION DO NOT APPLY TO ANY  DEPICTION  THAT
HAS SERIOUS RELIGIOUS, POLITICAL, SCIENTIFIC, EDUCATIONAL, JOURNALISTIC,
HISTORICAL, OR ARTISTIC VALUE.
  3.  FOR  PURPOSES  OF  THIS  SECTION, THE TERM "IMAGE DEPICTING ANIMAL
CRUELTY" MEANS ANY VISUAL OR AUDITORY DEPICTION,  INCLUDING  ANY  PHOTO-
GRAPH,  MOTION-PICTURE FILM, VIDEO RECORDING, ELECTRONIC IMAGE, OR SOUND
RECORDING OF CONDUCT IN WHICH A LIVING ANIMAL IS  INTENTIONALLY  MAIMED,
MUTILATED,  TORTURED,  WOUNDED,  OR  KILLED,  IF SUCH CONDUCT IS ILLEGAL
UNDER FEDERAL LAW OR THE LAWS OF THIS STATE.
  4. CREATION OF IMAGES DEPICTING ANIMAL CRUELTY IN THE THIRD DEGREE  IS
A CLASS A MISDEMEANOR.
  S  353-F.  CREATION  OF  IMAGES DEPICTING ANIMAL CRUELTY IN THE SECOND
DEGREE. 1. A PERSON IS GUILTY OF CREATION  OF  IMAGES  DEPICTING  ANIMAL
CRUELTY  IN  THE SECOND DEGREE WHEN HE OR SHE KNOWINGLY CREATES AN IMAGE
DEPICTING ANIMAL CRUELTY AND INTENDS TO SELL OR DISTRIBUTE SUCH IMAGE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03534-01-9

A. 9505                             2

  2. THE PROVISIONS OF THIS SECTION DO NOT APPLY TO ANY  DEPICTION  THAT
HAS SERIOUS RELIGIOUS, POLITICAL, SCIENTIFIC, EDUCATIONAL, JOURNALISTIC,
HISTORICAL, OR ARTISTIC VALUE.
  3.  FOR  PURPOSES  OF  THIS  SECTION, THE TERM "IMAGE DEPICTING ANIMAL
CRUELTY" MEANS ANY VISUAL OR AUDITORY DEPICTION,  INCLUDING  ANY  PHOTO-
GRAPH,  MOTION-PICTURE FILM, VIDEO RECORDING, ELECTRONIC IMAGE, OR SOUND
RECORDING OF CONDUCT IN WHICH A LIVING ANIMAL IS  INTENTIONALLY  MAIMED,
MUTILATED,  TORTURED,  WOUNDED,  OR  KILLED,  IF SUCH CONDUCT IS ILLEGAL
UNDER FEDERAL LAW OR THE LAWS OF THIS STATE.
  4. CREATION OF IMAGES DEPICTING ANIMAL CRUELTY IN THE SECOND DEGREE IS
A CLASS E FELONY.
  S 353-G. CREATION OF IMAGES DEPICTING  ANIMAL  CRUELTY  IN  THE  FIRST
DEGREE.  1.  A  PERSON  IS GUILTY OF CREATION OF IMAGES DEPICTING ANIMAL
CRUELTY IN THE FIRST DEGREE WHEN:
  A. HE OR SHE KNOWINGLY CREATES AN IMAGE DEPICTING ANIMAL  CRUELTY  AND
INTENDS TO SELL OR DISTRIBUTE SUCH IMAGE; AND
  B. HE OR SHE HAS PREVIOUSLY BEEN CONVICTED OF THE CRIME OF CREATION OF
IMAGES DEPICTING ANIMAL CRUELTY IN THE SECOND DEGREE.
  2.  THE  PROVISIONS OF THIS SECTION DO NOT APPLY TO ANY DEPICTION THAT
HAS SERIOUS RELIGIOUS, POLITICAL, SCIENTIFIC, EDUCATIONAL, JOURNALISTIC,
HISTORICAL, OR ARTISTIC VALUE.
  3. FOR PURPOSES OF THIS SECTION,  THE  TERM  "IMAGE  DEPICTING  ANIMAL
CRUELTY"  MEANS  ANY  VISUAL OR AUDITORY DEPICTION, INCLUDING ANY PHOTO-
GRAPH, MOTION-PICTURE FILM, VIDEO RECORDING, ELECTRONIC IMAGE, OR  SOUND
RECORDING  OF  CONDUCT IN WHICH A LIVING ANIMAL IS INTENTIONALLY MAIMED,
MUTILATED, TORTURED, WOUNDED, OR KILLED,  IF  SUCH  CONDUCT  IS  ILLEGAL
UNDER FEDERAL LAW OR THE LAWS OF THIS STATE.
  4.  CREATION OF IMAGES DEPICTING ANIMAL CRUELTY IN THE FIRST DEGREE IS
A CLASS D FELONY.
  S 353-H. POSSESSION OF IMAGES DEPICTING ANIMAL CRUELTY  IN  THE  THIRD
DEGREE.  1.  A PERSON IS GUILTY OF POSSESSION OF IMAGES DEPICTING ANIMAL
CRUELTY IN THE THIRD DEGREE WHEN HE OR SHE KNOWINGLY POSSESSES AN  IMAGE
DEPICTING ANIMAL CRUELTY.
  2.  THE  PROVISIONS OF THIS SECTION DO NOT APPLY TO ANY DEPICTION THAT
HAS SERIOUS RELIGIOUS, POLITICAL, SCIENTIFIC, EDUCATIONAL, JOURNALISTIC,
HISTORICAL, OR ARTISTIC VALUE.
  3. FOR PURPOSES OF THIS SECTION,  THE  TERM  "IMAGE  DEPICTING  ANIMAL
CRUELTY"  MEANS  ANY  VISUAL OR AUDITORY DEPICTION, INCLUDING ANY PHOTO-
GRAPH, MOTION-PICTURE FILM, VIDEO RECORDING, ELECTRONIC IMAGE, OR  SOUND
RECORDING  OF  CONDUCT IN WHICH A LIVING ANIMAL IS INTENTIONALLY MAIMED,
MUTILATED, TORTURED, WOUNDED, OR KILLED,  IF  SUCH  CONDUCT  IS  ILLEGAL
UNDER FEDERAL LAW OR THE LAWS OF THIS STATE.
  4.  POSSESSION  OF IMAGES DEPICTING ANIMAL CRUELTY IN THE THIRD DEGREE
IS A CLASS A MISDEMEANOR.
  S 353-I. POSSESSION OF IMAGES DEPICTING ANIMAL CRUELTY IN  THE  SECOND
DEGREE.  1.  A PERSON IS GUILTY OF POSSESSION OF IMAGES DEPICTING ANIMAL
CRUELTY IN THE SECOND DEGREE WHEN HE OR SHE KNOWINGLY POSSESSES AN IMAGE
DEPICTING ANIMAL CRUELTY AND INTENDS TO SELL OR DISTRIBUTE SUCH IMAGE.
  2. THE PROVISIONS OF THIS SECTION DO NOT APPLY TO ANY  DEPICTION  THAT
HAS SERIOUS RELIGIOUS, POLITICAL, SCIENTIFIC, EDUCATIONAL, JOURNALISTIC,
HISTORICAL, OR ARTISTIC VALUE.
  3.  FOR  PURPOSES  OF  THIS  SECTION, THE TERM "IMAGE DEPICTING ANIMAL
CRUELTY" MEANS ANY VISUAL OR AUDITORY DEPICTION,  INCLUDING  ANY  PHOTO-
GRAPH,  MOTION-PICTURE FILM, VIDEO RECORDING, ELECTRONIC IMAGE, OR SOUND
RECORDING OF CONDUCT IN WHICH A LIVING ANIMAL IS  INTENTIONALLY  MAIMED,

A. 9505                             3

MUTILATED,  TORTURED,  WOUNDED,  OR  KILLED,  IF SUCH CONDUCT IS ILLEGAL
UNDER FEDERAL LAW OR THE LAWS OF THIS STATE.
  4.  POSSESSION OF IMAGES DEPICTING ANIMAL CRUELTY IN THE SECOND DEGREE
IS A CLASS E FELONY.
  S 353-J. POSSESSION OF IMAGES DEPICTING ANIMAL CRUELTY  IN  THE  FIRST
DEGREE.  1.  A PERSON IS GUILTY OF POSSESSION OF IMAGES DEPICTING ANIMAL
CRUELTY IN THE FIRST DEGREE WHEN:
  A. HE OR SHE KNOWINGLY POSSESSES AN IMAGE  DEPICTING  ANIMAL  CRUELTY;
AND
  B.  HE OR SHE HAS PREVIOUSLY BEEN CONVICTED OF THE CRIME OF POSSESSION
OF IMAGES DEPICTING ANIMAL CRUELTY IN THE SECOND DEGREE.
  2. THE PROVISIONS OF THIS SECTION DO NOT APPLY TO ANY  DEPICTION  THAT
HAS SERIOUS RELIGIOUS, POLITICAL, SCIENTIFIC, EDUCATIONAL, JOURNALISTIC,
HISTORICAL, OR ARTISTIC VALUE.
  3.  FOR  PURPOSES  OF  THIS  SECTION, THE TERM "IMAGE DEPICTING ANIMAL
CRUELTY" MEANS ANY VISUAL OR AUDITORY DEPICTION,  INCLUDING  ANY  PHOTO-
GRAPH,  MOTION-PICTURE FILM, VIDEO RECORDING, ELECTRONIC IMAGE, OR SOUND
RECORDING OF CONDUCT IN WHICH A LIVING ANIMAL IS  INTENTIONALLY  MAIMED,
MUTILATED,  TORTURED,  WOUNDED,  OR  KILLED,  IF SUCH CONDUCT IS ILLEGAL
UNDER FEDERAL LAW OR THE LAWS OF THIS STATE.
  4. POSSESSION OF IMAGES DEPICTING ANIMAL CRUELTY IN THE  FIRST  DEGREE
IS A CLASS D FELONY.
  S 353-K. SALE OF IMAGES DEPICTING ANIMAL CRUELTY IN THE SECOND DEGREE.
1.  A PERSON IS GUILTY OF SALE OF IMAGES DEPICTING ANIMAL CRUELTY IN THE
SECOND DEGREE WHEN HE OR SHE KNOWINGLY SELLS AN IMAGE  DEPICTING  ANIMAL
CRUELTY TO ANOTHER PERSON OR ENTITY.
  2.  THE  PROVISIONS OF THIS SECTION DO NOT APPLY TO ANY DEPICTION THAT
HAS SERIOUS RELIGIOUS, POLITICAL, SCIENTIFIC, EDUCATIONAL, JOURNALISTIC,
HISTORICAL, OR ARTISTIC VALUE.
  3. FOR PURPOSES OF THIS SECTION,  THE  TERM  "IMAGE  DEPICTING  ANIMAL
CRUELTY"  MEANS  ANY  VISUAL OR AUDITORY DEPICTION, INCLUDING ANY PHOTO-
GRAPH, MOTION-PICTURE FILM, VIDEO RECORDING, ELECTRONIC IMAGE, OR  SOUND
RECORDING  OF  CONDUCT IN WHICH A LIVING ANIMAL IS INTENTIONALLY MAIMED,
MUTILATED, TORTURED, WOUNDED, OR KILLED, IF SUCH    CONDUCT  IS  ILLEGAL
UNDER FEDERAL LAW OR THE LAWS OF THIS STATE.
  4.  SALE  OF IMAGES DEPICTING ANIMAL CRUELTY IN THE SECOND DEGREE IS A
CLASS E FELONY.
  S 353-L. SALE OF IMAGES DEPICTING ANIMAL CRUELTY IN THE FIRST  DEGREE.
1.  A PERSON IS GUILTY OF SALE OF IMAGES DEPICTING ANIMAL CRUELTY IN THE
FIRST DEGREE WHEN:
  A.  HE  OR  SHE  KNOWINGLY  SELLS AN IMAGE DEPICTING ANIMAL CRUELTY TO
ANOTHER PERSON OR ENTITY; AND
  B. HE OR SHE HAS PREVIOUSLY BEEN CONVICTED OF THE  CRIME  OF  SALE  OF
IMAGES  DEPICTING ANIMAL CRUELTY IN THE SECOND DEGREE.
  2.  THE  PROVISIONS OF THIS SECTION DO NOT APPLY TO ANY DEPICTION THAT
HAS SERIOUS RELIGIOUS, POLITICAL, SCIENTIFIC, EDUCATIONAL, JOURNALISTIC,
HISTORICAL, OR ARTISTIC VALUE.
  3. FOR PURPOSES OF THIS SECTION,  THE  TERM  "IMAGE  DEPICTING  ANIMAL
CRUELTY"  MEANS  ANY  VISUAL OR AUDITORY DEPICTION, INCLUDING ANY PHOTO-
GRAPH, MOTION-PICTURE  FILM, VIDEO RECORDING, ELECTRONIC IMAGE, OR SOUND
RECORDING OF CONDUCT IN WHICH A LIVING ANIMAL IS  INTENTIONALLY  MAIMED,
MUTILATED,  TORTURED,  WOUNDED,  OR KILLED, IF SUCH   CONDUCT IS ILLEGAL
UNDER FEDERAL LAW OR THE LAWS OF THIS STATE.
  4. SALE OF IMAGES DEPICTING ANIMAL CRUELTY IN THE FIRST  DEGREE  IS  A
CLASS D FELONY.

A. 9505                             4

  S  2.  The  penal  law is amended by adding eight new sections 245.15,
245.20, 245.25, 245.30, 245.35, 245.40, 245.45 and  245.50  to  read  as
follows:
S  245.15    CREATION  OF  IMAGES  DEPICTING ANIMAL CRUELTY IN THE THIRD
           DEGREE.
  1. A PERSON IS GUILTY OF CREATION OF IMAGES DEPICTING  ANIMAL  CRUELTY
IN  THE THIRD DEGREE WHEN HE OR SHE KNOWINGLY CREATES AN IMAGE DEPICTING
ANIMAL CRUELTY.
  2. THE PROVISIONS OF THIS SECTION DO NOT APPLY TO ANY  DEPICTION  THAT
HAS SERIOUS RELIGIOUS, POLITICAL, SCIENTIFIC, EDUCATIONAL, JOURNALISTIC,
HISTORICAL, OR ARTISTIC VALUE.
  3.  FOR  PURPOSES  OF  THIS  SECTION, THE TERM "IMAGE DEPICTING ANIMAL
CRUELTY"  MEANS ANY VISUAL OR AUDITORY DEPICTION, INCLUDING  ANY  PHOTO-
GRAPH,  MOTION-PICTURE FILM, VIDEO RECORDING, ELECTRONIC IMAGE, OR SOUND
RECORDING OF CONDUCT IN WHICH A LIVING ANIMAL IS  INTENTIONALLY  MAIMED,
MUTILATED,  TORTURED,  WOUNDED,  OR KILLED, IF SUCH   CONDUCT IS ILLEGAL
UNDER FEDERAL LAW OR THE LAWS OF THIS STATE.
  CREATION OF IMAGES DEPICTING ANIMAL CRUELTY IN THE THIRD DEGREE  IS  A
CLASS A MISDEMEANOR.
S  245.20  CREATION  OF  IMAGES  DEPICTING  ANIMAL CRUELTY IN THE SECOND
           DEGREE.
  1. A PERSON IS GUILTY OF CREATION OF IMAGES DEPICTING  ANIMAL  CRUELTY
IN THE SECOND DEGREE WHEN HE OR SHE KNOWINGLY CREATES AN IMAGE DEPICTING
ANIMAL CRUELTY AND INTENDS TO SELL OR DISTRIBUTE SUCH IMAGE.
  2.  THE  PROVISIONS OF THIS SECTION DO NOT APPLY TO ANY DEPICTION THAT
HAS SERIOUS RELIGIOUS, POLITICAL, SCIENTIFIC, EDUCATIONAL, JOURNALISTIC,
HISTORICAL, OR ARTISTIC VALUE.
  3. FOR PURPOSES OF THIS SECTION,  THE  TERM  "IMAGE  DEPICTING  ANIMAL
CRUELTY"  MEANS  ANY  VISUAL OR AUDITORY DEPICTION, INCLUDING ANY PHOTO-
GRAPH, MOTION-PICTURE FILM, VIDEO RECORDING, ELECTRONIC IMAGE, OR  SOUND
RECORDING  OF  CONDUCT IN WHICH A LIVING ANIMAL IS INTENTIONALLY MAIMED,
MUTILATED, TORTURED, WOUNDED, OR KILLED,  IF  SUCH  CONDUCT  IS  ILLEGAL
UNDER FEDERAL LAW OR THE LAWS OF THIS STATE.
  CREATION  OF IMAGES DEPICTING ANIMAL CRUELTY IN THE SECOND DEGREE IS A
CLASS E FELONY.
S 245.25 CREATION OF  IMAGES  DEPICTING  ANIMAL  CRUELTY  IN  THE  FIRST
           DEGREE.
  1.  A  PERSON IS GUILTY OF CREATION OF IMAGES DEPICTING ANIMAL CRUELTY
IN THE FIRST DEGREE WHEN:
  A. HE OR SHE KNOWINGLY CREATES AN IMAGE DEPICTING ANIMAL  CRUELTY  AND
INTENDS TO SELL OR DISTRIBUTE SUCH IMAGE; AND
  B. HE OR SHE HAS PREVIOUSLY BEEN CONVICTED OF THE CRIME OF CREATION OF
IMAGES DEPICTING ANIMAL CRUELTY IN THE SECOND DEGREE.
  2.  THE  PROVISIONS OF THIS SECTION DO NOT APPLY TO ANY DEPICTION THAT
HAS SERIOUS RELIGIOUS, POLITICAL, SCIENTIFIC, EDUCATIONAL, JOURNALISTIC,
HISTORICAL, OR ARTISTIC VALUE.
  3. FOR PURPOSES OF THIS SECTION,  THE  TERM  "IMAGE  DEPICTING  ANIMAL
CRUELTY"  MEANS  ANY  VISUAL OR AUDITORY DEPICTION, INCLUDING ANY PHOTO-
GRAPH, MOTION-PICTURE FILM, VIDEO RECORDING, ELECTRONIC IMAGE, OR  SOUND
RECORDING  OF  CONDUCT IN WHICH A LIVING ANIMAL IS INTENTIONALLY MAIMED,
MUTILATED, TORTURED, WOUNDED, OR KILLED,  IF  SUCH  CONDUCT  IS  ILLEGAL
UNDER FEDERAL LAW OR THE LAWS OF THIS STATE.
  CREATION  OF  IMAGES DEPICTING ANIMAL CRUELTY IN THE FIRST DEGREE IS A
CLASS D FELONY.
S 245.30  POSSESSION OF IMAGES DEPICTING ANIMAL  CRUELTY  IN  THE  THIRD
           DEGREE.

A. 9505                             5

  1. A PERSON IS GUILTY OF POSSESSION OF IMAGES DEPICTING ANIMAL CRUELTY
IN  THE THIRD DEGREE WHEN HE OR SHE KNOWINGLY POSSESSES AN IMAGE DEPICT-
ING ANIMAL CRUELTY.
  2.  THE  PROVISIONS OF THIS SECTION DO NOT APPLY TO ANY DEPICTION THAT
HAS SERIOUS RELIGIOUS, POLITICAL, SCIENTIFIC, EDUCATIONAL, JOURNALISTIC,
HISTORICAL, OR ARTISTIC VALUE.
  3. FOR PURPOSES OF THIS SECTION,  THE  TERM  "IMAGE  DEPICTING  ANIMAL
CRUELTY"  MEANS  ANY  VISUAL OR AUDITORY DEPICTION, INCLUDING ANY PHOTO-
GRAPH, MOTION-PICTURE FILM, VIDEO RECORDING, ELECTRONIC IMAGE, OR  SOUND
RECORDING  OF  CONDUCT IN WHICH A LIVING ANIMAL IS INTENTIONALLY MAIMED,
MUTILATED, TORTURED, WOUNDED, OR KILLED,  IF  SUCH  CONDUCT  IS  ILLEGAL
UNDER FEDERAL LAW OR THE LAWS OF THIS STATE.
  POSSESSION OF IMAGES DEPICTING ANIMAL CRUELTY IN THE THIRD DEGREE IS A
CLASS A MISDEMEANOR.
S  245.35  POSSESSION  OF  IMAGES DEPICTING ANIMAL CRUELTY IN THE SECOND
           DEGREE.
  1. A PERSON IS GUILTY OF POSSESSION OF IMAGES DEPICTING ANIMAL CRUELTY
IN THE SECOND DEGREE WHEN HE OR SHE KNOWINGLY POSSESSES AN IMAGE DEPICT-
ING ANIMAL CRUELTY AND INTENDS TO SELL OR DISTRIBUTE SUCH IMAGE.
  2. THE PROVISIONS OF THIS SECTION DO NOT APPLY TO ANY  DEPICTION  THAT
HAS SERIOUS RELIGIOUS, POLITICAL, SCIENTIFIC, EDUCATIONAL, JOURNALISTIC,
HISTORICAL, OR ARTISTIC VALUE.
  3.  FOR  PURPOSES  OF  THIS  SECTION, THE TERM "IMAGE DEPICTING ANIMAL
CRUELTY" MEANS ANY VISUAL OR AUDITORY DEPICTION,  INCLUDING  ANY  PHOTO-
GRAPH,  MOTION-PICTURE FILM, VIDEO RECORDING, ELECTRONIC IMAGE, OR SOUND
RECORDING OF CONDUCT IN WHICH A LIVING ANIMAL IS  INTENTIONALLY  MAIMED,
MUTILATED,  TORTURED,  WOUNDED,  OR  KILLED,  IF SUCH CONDUCT IS ILLEGAL
UNDER FEDERAL LAW OR THE LAWS OF THIS STATE.
  POSSESSION OF IMAGES DEPICTING ANIMAL CRUELTY IN THE SECOND DEGREE  IS
A CLASS E FELONY.
S  245.40  POSSESSION  OF  IMAGES  DEPICTING ANIMAL CRUELTY IN THE FIRST
           DEGREE.
  1. A PERSON IS GUILTY OF POSSESSION OF IMAGES DEPICTING ANIMAL CRUELTY
IN THE FIRST DEGREE WHEN:
  A. HE OR SHE KNOWINGLY POSSESSES AN IMAGE  DEPICTING  ANIMAL  CRUELTY;
AND
  B.  HE OR SHE HAS PREVIOUSLY BEEN CONVICTED OF THE CRIME OF POSSESSION
OF IMAGES DEPICTING ANIMAL CRUELTY IN THE SECOND DEGREE.
  2. THE PROVISIONS OF THIS SECTION DO NOT APPLY TO ANY  DEPICTION  THAT
HAS SERIOUS RELIGIOUS, POLITICAL, SCIENTIFIC, EDUCATIONAL, JOURNALISTIC,
HISTORICAL, OR ARTISTIC VALUE.
  3.  FOR  PURPOSES  OF  THIS  SECTION, THE TERM "IMAGE DEPICTING ANIMAL
CRUELTY" MEANS ANY VISUAL OR AUDITORY DEPICTION,  INCLUDING  ANY  PHOTO-
GRAPH,  MOTION-PICTURE FILM, VIDEO RECORDING, ELECTRONIC IMAGE, OR SOUND
RECORDING OF CONDUCT IN WHICH A LIVING ANIMAL IS  INTENTIONALLY  MAIMED,
MUTILATED,  TORTURED,  WOUNDED,  OR  KILLED,  IF SUCH CONDUCT IS ILLEGAL
UNDER FEDERAL LAW OR THE LAWS OF THIS STATE.
  POSSESSION OF IMAGES DEPICTING ANIMAL CRUELTY IN THE FIRST DEGREE IS A
CLASS D FELONY.
S 245.45 SALE OF IMAGES DEPICTING ANIMAL CRUELTY IN THE SECOND DEGREE.
  1. A PERSON IS GUILTY OF SALE OF IMAGES DEPICTING  ANIMAL  CRUELTY  IN
THE  SECOND  DEGREE  WHEN  HE  OR SHE KNOWINGLY SELLS AN IMAGE DEPICTING
ANIMAL CRUELTY TO ANOTHER PERSON OR ENTITY.
  2. THE PROVISIONS OF THIS SECTION DO NOT APPLY TO ANY  DEPICTION  THAT
HAS SERIOUS RELIGIOUS, POLITICAL, SCIENTIFIC, EDUCATIONAL, JOURNALISTIC,
HISTORICAL, OR ARTISTIC VALUE.

A. 9505                             6

  3.  FOR  PURPOSES  OF  THIS  SECTION, THE TERM "IMAGE DEPICTING ANIMAL
CRUELTY" MEANS ANY VISUAL OR AUDITORY DEPICTION,  INCLUDING  ANY  PHOTO-
GRAPH,  MOTION-PICTURE FILM, VIDEO RECORDING, ELECTRONIC IMAGE, OR SOUND
RECORDING OF CONDUCT IN WHICH A LIVING ANIMAL IS  INTENTIONALLY  MAIMED,
MUTILATED,  TORTURED,  WOUNDED,  OR  KILLED,  IF SUCH CONDUCT IS ILLEGAL
UNDER FEDERAL LAW OR THE LAWS OF THIS STATE.
  SALE OF IMAGES DEPICTING ANIMAL CRUELTY IN  THE  SECOND  DEGREE  IS  A
CLASS E FELONY.
S 245.50 SALE OF IMAGES DEPICTING ANIMAL CRUELTY IN THE FIRST DEGREE.
  1.  A  PERSON  IS GUILTY OF SALE OF IMAGES DEPICTING ANIMAL CRUELTY IN
THE FIRST DEGREE WHEN:
  A. HE OR SHE KNOWINGLY SELLS AN  IMAGE  DEPICTING  ANIMAL  CRUELTY  TO
ANOTHER PERSON OR ENTITY; AND
  B.  HE  OR  SHE  HAS PREVIOUSLY BEEN CONVICTED OF THE CRIME OF SALE OF
IMAGES DEPICTING ANIMAL CRUELTY IN THE SECOND DEGREE.
  2. THE PROVISIONS OF THIS SECTION DO NOT APPLY TO ANY  DEPICTION  THAT
HAS SERIOUS RELIGIOUS, POLITICAL, SCIENTIFIC, EDUCATIONAL, JOURNALISTIC,
HISTORICAL, OR ARTISTIC VALUE.
  3.  FOR  PURPOSES  OF  THIS  SECTION, THE TERM "IMAGE DEPICTING ANIMAL
CRUELTY" MEANS ANY VISUAL OR AUDITORY DEPICTION,  INCLUDING  ANY  PHOTO-
GRAPH,  MOTION-PICTURE FILM, VIDEO RECORDING, ELECTRONIC IMAGE, OR SOUND
RECORDING OF CONDUCT IN WHICH A LIVING ANIMAL IS  INTENTIONALLY  MAIMED,
MUTILATED,  TORTURED,  WOUNDED,  OR  KILLED,  IF SUCH CONDUCT IS ILLEGAL
UNDER FEDERAL LAW OR THE LAWS OF THIS STATE.
  SALE OF IMAGES DEPICTING ANIMAL CRUELTY IN THE FIRST DEGREE IS A CLASS
D FELONY.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Assembly Bill A9505

Sponsored By

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

multi-Sponsors

2009-A9505 (ACTIVE) - Details

2009-A9505 (ACTIVE) - Summary

2009-A9505 (ACTIVE) - Sponsor Memo

2009-A9505 (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A9505

Share this bill

Sponsored By

PAULIN

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

Michael Benedetto

Linda Rosenthal

Margaret Markey

Albert A. Stirpe

multi-Sponsors

Thomas Alfano

Jonathan Bing

Barbara Clark

Vivian Cook

2009-A9505 (ACTIVE) - Details

2009-A9505 (ACTIVE) - Summary

2009-A9505 (ACTIVE) - Sponsor Memo

2009-A9505 (ACTIVE) - Bill Text download pdf

Comments