S T A T E O F N E W Y O R K
________________________________________________________________________
588
2019-2020 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2019
___________
Introduced by M. of A. L. ROSENTHAL, SEAWRIGHT -- read once and referred
to the Committee on Codes
AN ACT to amend the penal law, in relation to establishing the crimes of
cruelty to animals to threaten, intimidate or harass in the second
degree and first degree
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 two new sections 120.80
and 120.85 to read as follows:
§ 120.80 CRUELTY TO ANIMALS TO THREATEN, INTIMIDATE OR HARASS IN THE
SECOND DEGREE.
1. A PERSON IS GUILTY OF CRUELTY TO ANIMALS TO THREATEN, INTIMIDATE OR
HARASS IN THE SECOND DEGREE WHEN HE OR SHE INTENTIONALLY INJURES OR
KILLS, WITH NO JUSTIFIABLE PURPOSE, ANY COMPANION ANIMAL WITH THE INTENT
TO THREATEN, INTIMIDATE, OR HARASS A FAMILY OR HOUSEHOLD MEMBER WHO HE
OR SHE KNOWS OR SHOULD HAVE KNOWN OWNED, POSSESSED, LEASED, KEPT, OR
HELD SUCH COMPANION ANIMAL.
2. FOR PURPOSES OF THIS SECTION:
(A) "FAMILY OR HOUSEHOLD MEMBER" SHALL HAVE THE SAME MEANING AS SUBDI-
VISION TWO OF SECTION FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES
LAW.
(B) "COMPANION ANIMAL" SHALL HAVE THE SAME MEANING AS SUBDIVISION FIVE
OF SECTION THREE HUNDRED FIFTY OF THE AGRICULTURE AND MARKETS LAW.
CRUELTY TO ANIMALS TO THREATEN, INTIMIDATE OR HARASS IN THE SECOND
DEGREE IS A CLASS D FELONY.
§ 120.85 CRUELTY TO ANIMALS TO THREATEN, INTIMIDATE OR HARASS IN THE
FIRST DEGREE.
1. A PERSON IS GUILTY OF CRUELTY TO ANIMALS TO THREATEN, INTIMIDATE OR
HARASS IN THE FIRST DEGREE WHEN HE OR SHE INTENTIONALLY INJURES OR
KILLS, WITH NO JUSTIFIABLE PURPOSE AND IN THE PRESENCE OF A MINOR CHILD,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04066-01-9
A. 588 2
ANY COMPANION ANIMAL WITH THE INTENT TO THREATEN, INTIMIDATE, OR HARASS
A FAMILY OR HOUSEHOLD MEMBER WHO HE OR SHE KNOWS OR SHOULD HAVE KNOWN
OWNED, POSSESSED, LEASED, KEPT, OR HELD SUCH COMPANION ANIMAL.
2. FOR PURPOSES OF THIS SECTION:
(A) "FAMILY OR HOUSEHOLD MEMBER" SHALL HAVE THE SAME MEANING AS SUBDI-
VISION TWO OF SECTION FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES
LAW.
(B) "COMPANION ANIMAL" SHALL HAVE THE SAME MEANING AS SUBDIVISION FIVE
OF SECTION THREE HUNDRED FIFTY OF THE AGRICULTURE AND MARKETS LAW.
(C) "MINOR CHILD" MEANS AN INDIVIDUAL UNDER THE AGE OF EIGHTEEN.
(D) "PRESENCE OF A MINOR CHILD" SHALL MEAN IN THE PHYSICAL PRESENCE OF
A CHILD UNDER THE AGE OF EIGHTEEN KNOWING OR HAVING REASON TO KNOW THAT
A CHILD IS PRESENT AND MAY SEE OR HEAR SUCH ACT.
CRUELTY TO ANIMALS TO THREATEN, INTIMIDATE OR HARASS IN THE FIRST
DEGREE IS A CLASS C FELONY.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law.