Ryan Announces “Phoenix’s Law” to Double Penalty for Felony Animal Cruelty

December 20, 2012

Buffalo – Today, December 20, 2012, New York State Assemblyman Sean Ryan announced his sponsorship of legislation that will be known as “Phoenix’s Law”. The legislation will double penalties for felony aggravated animal cruelty from two years in prison to four, and fines from $5,000 to $10,000. This legislation will help to bring New York State more in line with the rest of the nation, and help act as a deterrent for future offenses. The nationwide average for prison terms for felony animal cruelty is four years. The legislation is named after a Jack Russell Terrier puppy named Phoenix who was tragically set on fire last month in Buffalo, in an act of animal cruelty that shocked Western New York. Phoenix’s condition is improving and he is currently recovering under the care of the City of Buffalo Animal Shelter.

“Our laws should act as deterrents to crime, and help to prevent future tragedies,” said Assemblyman Ryan. “New York is currently below the national average for penalties for the crime of felony aggravated animal cruelty. By doubling the penalty, we would bring New York in line with the four year nationwide average and send a message to New York is serious about imposing harsher penalties for animal abuse.”

Penalties for felony aggravated animal cruelty are regulated under New York’s Agricultural and Markets Law. The new law would increase the penalty for the crime of Aggravated Cruelty to Animals, committed when a person, for no justifiable purpose, intentionally kills or intentionally causes serious physical injury to a companion animal with aggravated cruelty, from a felony punishable by a definite sentence not to exceed two years and/or a fine not to exceed $5,000, to a felony punishable by a definite sentence not to exceed four years and/or a fine not to exceed $10,000. The bill will give judges the ability to further discipline offenders who commit such a heinous crime. The legislation will also require any person convicted of or adjudicated a youthful offender for the crime of Aggravated Cruelty to Animals to undergo psychiatric evaluation or treatment at his or her own expense. Animal cruelty is considered by many experts to indicate the predisposition for future acts of violence. Ensuring mental health treatment for those convicted of such actions can assist in reducing the possibility of any future acts of violence.

According to a 2011 report from the Animal Legal Defense Fund, New York ranked 38th out of 56 States and Territories in the United States in their ranking of states with the best laws to protect animals. The number one state for 2011 was Illinois, and the worst state was Kentucky. The Animal Legal Defense Fund recommends providing stiffer penalties for offenders as one of the ways to improve New York’s standing.

“The volunteers and staff at the City of Buffalo Animal Shelter have done a tremendous job caring for Phoenix, and we should all be thankful for their dedication to all the animals under their care. I want to make sure New York is doing everything possible to help prevent animal cruelty, so the people at the City of Buffalo Animal Shelter do not have to deal with such heartbreaking cases of animal abuse.”

Assemblyman Ryan announced his sponsorship of Phoenix’s Law at the City of Buffalo Animal Shelter and was joined by Phoenix, Judy Bunge and Kelly McCartney of the City of Buffalo Animal Shelter, as well as Erie County Legislator Terrence McCracken, who sponsored a resolution in the Erie County Legislature urging the enactment of Phoenix’s Law. The legislation will be introduced when the new legislative session begins in January.

What's New