Defines "aggravated cruelty"; makes any person who commits the conduct which falls under that definition guilty of a class E felony, punishable by up to two years imprisonment; defines "in the presence of a child" and makes any person who commits the conduct which falls under that definition, guilty of a class D felony.
S T A T E O F N E W Y O R K
________________________________________________________________________
3528
2025-2026 Regular Sessions
I N A S S E M B L Y
January 28, 2025
___________
Introduced by M. of A. ROSENTHAL, LUPARDO -- Multi-Sponsored by -- M. of
A. COLTON, GLICK, McDONOUGH -- read once and referred to the Committee
on Codes
AN ACT to amend the agriculture and markets law, in relation to acts of
animal cruelty in the presence of a child
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 1 and 3 of section 353-a of the agriculture
and markets law, as added by chapter 118 of the laws of 1999, are
amended to read as follows:
1. A person is guilty of aggravated cruelty to animals when, with no
justifiable purpose, [he or she] SUCH PERSON intentionally kills or
intentionally causes serious physical injury to a companion animal with
aggravated cruelty. For purposes of this section, "aggravated cruelty"
shall mean conduct which: [(i)] (A) is intended to cause extreme phys-
ical pain; or [(ii)] (B) is done or carried out in an especially
depraved or sadistic manner.
3. [Aggravated cruelty to animals is a felony. A defendant convicted
of this offense shall be sentenced pursuant to paragraph (b) of subdivi-
sion one of section 55.10 of the penal law provided,] (A) ANY PERSON WHO
COMMITS ONE OR MORE OF THE ACTS SPECIFIED IN SUBDIVISION ONE OF THIS
SECTION IS GUILTY OF A CLASS E FELONY; PROVIDED however, that any term
of imprisonment imposed for [violation] A CONVICTION of this section
shall be a definite sentence, which may not exceed two years.
(B) ANY PERSON WHO COMMITS ONE OR MORE OF THE ACTS SPECIFIED IN SUBDI-
VISION ONE OF THIS SECTION IN THE PRESENCE OF A CHILD IS GUILTY OF A
CLASS D FELONY. FOR THE PURPOSES OF THIS SECTION, "IN THE PRESENCE OF A
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.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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