S T A T E O F N E W Y O R K
________________________________________________________________________
690
2025-2026 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 8, 2025
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to aggra-
vated cruelty to animals 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. Subdivision 3 of section 353-a of the agriculture and
markets law, as added by chapter 118 of the laws of 1999, is amended to
read as follows:
3. Aggravated cruelty to animals is a felony. A defendant convicted of
this offense shall be sentenced pursuant to paragraph (b) of subdivision
one of section 55.10 of the penal law provided, however, that any term
of imprisonment imposed for violation of this section shall be a defi-
nite sentence, which may not exceed two years, EXCEPT THAT ANY PERSON
WHO COMMITS ONE OR MORE OF THE ACTS SPECIFIED IN SUBDIVISION ONE OF THIS
SECTION IN THE PRESENCE OF A CHILD MAY BE SENTENCED TO A PERIOD NOT TO
EXCEED FOUR YEARS. FOR 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 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.
LBD02564-01-5
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