S T A T E O F N E W Y O R K
________________________________________________________________________
1643
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. LENTOL -- read once and referred 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 ASSEM-
BLY, 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:
S 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 HOUSE-
HOLD 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.
S 165.76 PET THEFT IN THE SECOND DEGREE.
1. A PERSON IS GUILTY OF PET THEFT IN THE SECOND DEGREE WHEN HE 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 CONSERVA-
TION 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04637-01-3
A. 1643 2
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 SECOND DEGREE IS A CLASS E FELONY.
S 165.77 PET THEFT IN THE FIRST DEGREE.
1. A PERSON IS GUILTY OF PET THEFT IN THE FIRST DEGREE WHEN HE 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 CONSERVA-
TION 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.
S 2. This act shall take effect immediately.