Senate Bill S4031

2013-2014 Legislative Session

Prohibits the dissemination of depictions of animal cruelty

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Archive: Last Bill Status - In Senate Committee Codes 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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to codes
Mar 05, 2013	referred to codes

co-Sponsors

2013-S4031 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §245.13, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7812
2011-2012: S440

2013-S4031 (ACTIVE) - Summary

Prohibits the dissemination of depictions of animal cruelty.

2013-S4031 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4031

TITLE  OF  BILL:    An  act  to  amend  the  penal law, in relation to
prohibiting the dissemination of depictions of animal cruelty

PURPOSE:

The purpose of this bill is to outlaw the dissemination and possession
of videos which depict animal cruelty, including those known as  crush
videos by making such dissemination a class D felony.

SUMMARY OF PROVISIONS:

Establishes  that  a  person is guilty of disseminating a depiction of
animal cruelty when he or she knowingly promotes such a depiction.

Defines "depiction of animal cruelty" as any  visual  depiction  which
shows an animal being intentionally tortured, maimed, or mutilated.

Provides for an exemption for al filmed or electronic images depicting
hunting,  farming,  veterinary  practices or law enforcement purposes.
Establishes that disseminating a depiction  of  animal  cruelty  is  a
class D felony.

JUSTIFICATION:

Animal  crush videos are videos that depict a woman, typically in bare
feet or high heels, slowly crushing a small animal (such as  a  puppy,
kitten,  bunny,  or mouse) to death. In some, the woman's voice can be
heard talking to the animals in a dominatrix pattern  as  the  squeaks
and  cries of the animal are also audible. Though the actions depicted
in animal crush videos are illegal under animal cruelty  statutes,  it
is  virtually  impossible  to  prosecute such offenses due to the fact
that the individuals shown are rarely identifiable.

The Supreme Court of the United States  recently  struck  down  a  law
which outlawed the creation, sale, or possession of certain depictions
of  animal  cruelty  on  the grounds that the statute infringed on the
first amendment right to free speech. However, the  court  also  noted
that  in its decision, it did not "decide whether a statute limited to
crush videos or other depictions of extreme animal  cruelty  would  be
unconstitutional," noting that the overturned law was simply too broad
and  would  have  applied  to any video which showed the killing of an
animal, including hunting videos.

This bill  is  much  narrower  than  the  federal  statute  which  was
overturned,  and  would  outlaw  the  dissemination  of  only  certain
depictions of animal cruelty. This bill would only apply to depictions
of animal cruelty that are illegal and depict a living animal that  is
tortured,  maimed  or  mutilated. It provides an exemption for hunting
videos (which are commonly used for instruction) farming or veterinary
practices and law enforcement purposes. Additional exemptions  include
videos  which  are  of  religious, political, scientific, educational,
journalistic, historical, or artistic value.

FISCAL IMPLICATIONS:


None.

EFFECTIVE DATE:

This  act  takes effect on the first November next succeeding the date
it shall have become law.

2013-S4031 (ACTIVE) - Bill Text download pdf

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

                                  4031

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 5, 2013
                               ___________

Introduced  by  Sen. KRUEGER -- 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  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
OF OR OFFERING TO SELL ALL FILMED OR ELECTRONIC IMAGES THAT DEPICT HUNT-
ING, FARMING OR VETERINARY PRACTICES OR FOR LAW ENFORCEMENT PURPOSES.
  DISSEMINATING  A  DEPICTION  OF  ANIMAL  CRUELTY  IS A CLASS D FELONY,
PUNISHABLE BY IMPRISONMENT OR BY BOTH IMPRISONMENT AND FINE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08439-01-3

S. 4031                             2

  S 2. If any section, paragraph, sentence, clause, phrase or  any  part
of  this act hereafter is declared to be unconstitutional or void, or if
for any reason is declared to be invalid or of no effect, the  remaining
sections, paragraphs, sentences, clauses, phrases or parts thereof shall
be  in  no  manner  affected  thereby but shall remain in full force and
effect.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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Senate Bill S4031

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Archive: Last Bill Status - In Senate Committee Codes Committee

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co-Sponsors

2013-S4031 (ACTIVE) - Details

2013-S4031 (ACTIVE) - Summary

2013-S4031 (ACTIVE) - Sponsor Memo

2013-S4031 (ACTIVE) - Bill Text download pdf

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Sponsored By

Liz Krueger

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

co-Sponsors

Jose M. Serrano

2013-S4031 (ACTIVE) - Details

2013-S4031 (ACTIVE) - Summary

2013-S4031 (ACTIVE) - Sponsor Memo

2013-S4031 (ACTIVE) - Bill Text download pdf

Comments