S T A T E O F N E W Y O R K
________________________________________________________________________
614
2021-2022 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 6, 2021
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to estab-
lishing the crimes of sexual conduct with an animal resulting in inju-
ry or death and sexual conduct with an animal
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 a new
section 353-g to read as follows:
§ 353-G. SEXUAL CONDUCT WITH AN ANIMAL RESULTING IN INJURY OR DEATH.
1. A PERSON IS GUILTY OF SEXUAL CONDUCT WITH AN ANIMAL RESULTING IN
INJURY OR DEATH WHEN HE OR SHE ENGAGES IN SEXUAL CONDUCT WITH AN ANIMAL
WHICH RESULTS IN THE INJURY OR DEATH OF SUCH ANIMAL. FOR THE PURPOSES OF
THIS SECTION, "SEXUAL CONDUCT" SHALL HAVE THE SAME MEANING AS PROVIDED
IN SECTION 130.00 OF THE PENAL LAW.
2. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT OR
INTERFERE IN ANY WAY WITH ANYONE LAWFULLY ENGAGED IN ANY PROPERLY
CONDUCTED SCIENTIFIC TESTS, EXPERIMENTS, OR INVESTIGATIONS INVOLVING THE
USE OF LIVING ANIMALS, PERFORMED OR CONDUCTED IN LABORATORIES OR INSTI-
TUTIONS APPROVED FOR SUCH PURPOSES BY THE COMMISSIONER OF HEALTH PURSU-
ANT TO SECTION THREE HUNDRED FIFTY-THREE OF THIS ARTICLE.
3. SEXUAL CONDUCT WITH AN ANIMAL RESULTING IN INJURY OR DEATH IS A
FELONY. A DEFENDANT CONVICTED OF THIS OFFENSE SHALL BE SENTENCED PURSU-
ANT TO PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 55.10 OF THE PENAL
LAW.
4. IN ADDITION TO THE PENALTY IMPOSED PURSUANT TO SUBDIVISION THREE OF
THIS SECTION, THE COURT SHALL ORDER A PERSON CONVICTED OF VIOLATING THIS
SECTION TO:
(A) RELINQUISH AND PERMANENTLY FORFEIT CUSTODY OF ALL ANIMALS UNDER
SUCH PERSON'S OWNERSHIP, POSSESSION, CONTROL, OR RESIDING IN SUCH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00411-01-1
A. 614 2
PERSON'S HOUSEHOLD TO A POUND, DULY INCORPORATED SOCIETY FOR THE
PREVENTION OF CRUELTY TO ANIMALS, DULY INCORPORATED HUMANE SOCIETY, OR
DULY INCORPORATED ANIMAL PROTECTIVE ASSOCIATION, OR IF SUCH PERSON IS
NOT THE OWNER OF SUCH ANIMAL OR ANIMALS, THEN SUCH ANIMAL OR ANIMALS
SHALL BE RETURNED TO THE OWNER OF SUCH ANIMAL OR ANIMALS;
(B) BE PERMANENTLY PROHIBITED FROM HARBORING, OWNING, POSSESSING, OR
EXERCISING CONTROL OVER ANY ANIMAL, RESIDING IN ANY HOUSEHOLD WHERE
ANIMALS ARE PRESENT, OR WORKING OR VOLUNTEERING IN A PLACE WHERE SUCH
PERSON HAS UNSUPERVISED ACCESS TO ANIMALS;
(C) REIMBURSE THE POUND, DULY INCORPORATED SOCIETY FOR THE PREVENTION
OF CRUELTY TO ANIMALS, DULY INCORPORATED HUMANE SOCIETY, OR DULY INCOR-
PORATED ANIMAL PROTECTIVE ASSOCIATION FOR ANY REASONABLE COSTS INCURRED
FOR THE CARE AND MAINTENANCE OF THE ANIMAL INVOLVED IN SUCH VIOLATION IN
ADDITION TO ANY OTHER ANIMALS RELINQUISHED TO SUCH POUND, DULY INCORPO-
RATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, DULY INCORPO-
RATED HUMANE SOCIETY, OR DULY INCORPORATED ANIMAL PROTECTIVE ASSOCIATION
PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION; AND
(D) WHERE THE ANIMAL WAS INJURED AS A RESULT OF SUCH VIOLATION, PAY
THE COSTS OF ANY VETERINARY MEDICAL TREATMENT OR REHABILITATION NEEDED
AS A RESULT OF SUCH INJURY.
§ 2. The agriculture and markets law is amended by adding a new
section 353-h to read as follows:
§ 353-H. SEXUAL CONDUCT WITH AN ANIMAL. 1. A PERSON IS GUILTY OF SEXU-
AL CONDUCT WITH AN ANIMAL WHEN HE OR SHE ENGAGES IN SEXUAL CONDUCT WITH
ANY ANIMAL. FOR THE PURPOSES OF THIS SECTION, "SEXUAL CONDUCT" SHALL
HAVE THE SAME MEANING AS PROVIDED IN SECTION 130.00 OF THE PENAL LAW.
2. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT OR
INTERFERE IN ANY WAY WITH ANYONE LAWFULLY ENGAGED IN ANY PROPERLY
CONDUCTED SCIENTIFIC TESTS, EXPERIMENTS, OR INVESTIGATIONS INVOLVING THE
USE OF LIVING ANIMALS, PERFORMED OR CONDUCTED IN LABORATORIES OR INSTI-
TUTIONS APPROVED FOR SUCH PURPOSES BY THE COMMISSIONER OF HEALTH PURSU-
ANT TO SECTION THREE HUNDRED FIFTY-THREE OF THIS ARTICLE.
3. SEXUAL CONDUCT WITH AN ANIMAL IS A MISDEMEANOR. A DEFENDANT
CONVICTED OF THIS OFFENSE SHALL BE SENTENCED PURSUANT TO PARAGRAPH (B)
OF SUBDIVISION TWO OF SECTION 55.10 OF THE PENAL LAW.
4. IN ADDITION TO THE PENALTY IMPOSED PURSUANT TO SUBDIVISION THREE OF
THIS SECTION, THE COURT SHALL ORDER A PERSON CONVICTED OF VIOLATING THIS
SECTION TO:
(A) RELINQUISH AND PERMANENTLY FORFEIT CUSTODY OF ALL ANIMALS UNDER
SUCH PERSON'S OWNERSHIP, POSSESSION, CONTROL, OR RESIDING IN SUCH
PERSON'S HOUSEHOLD TO A POUND, DULY INCORPORATED SOCIETY FOR THE
PREVENTION OF CRUELTY TO ANIMALS, DULY INCORPORATED HUMANE SOCIETY, OR
DULY INCORPORATED ANIMAL PROTECTIVE ASSOCIATION, OR IF SUCH PERSON IS
NOT THE OWNER OF SUCH ANIMAL OR ANIMALS, THEN SUCH ANIMAL OR ANIMALS
SHALL BE RETURNED TO THE OWNER OF SUCH ANIMAL OR ANIMALS;
(B) BE PERMANENTLY PROHIBITED FROM HARBORING, OWNING, POSSESSING, OR
EXERCISING CONTROL OVER ANY ANIMAL, RESIDING IN ANY HOUSEHOLD WHERE
ANIMALS ARE PRESENT, OR WORKING OR VOLUNTEERING IN A PLACE WHERE SUCH
PERSON HAS UNSUPERVISED ACCESS TO ANIMALS; AND
(C) REIMBURSE THE POUND, DULY INCORPORATED SOCIETY FOR THE PREVENTION
OF CRUELTY TO ANIMALS, DULY INCORPORATED HUMANE SOCIETY, OR DULY INCOR-
PORATED ANIMAL PROTECTIVE ASSOCIATION FOR ANY REASONABLE COSTS INCURRED
FOR THE CARE AND MAINTENANCE OF THE ANIMAL INVOLVED IN SUCH VIOLATION IN
ADDITION TO ANY OTHER ANIMALS RELINQUISHED TO SUCH POUND, DULY INCORPO-
RATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, DULY INCORPO-
A. 614 3
RATED HUMANE SOCIETY, OR DULY INCORPORATED ANIMAL PROTECTIVE ASSOCIATION
PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
§ 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.