Relates to aggravated cruelty to animals in the presence of a child; increases the potential term of imprisonment from two to four years when such crime is committed in the presence of a child; defines presence of a child.
STATE OF NEW YORK
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6126
2015-2016 Regular Sessions
IN ASSEMBLY
March 16, 2015
___________
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:
1 Section 1. Subdivision 3 of section 353-a of the agriculture and
2 markets law, as added by chapter 118 of the laws of 1999, is amended to
3 read as follows:
4 3. Aggravated cruelty to animals is a felony. A defendant convicted of
5 this offense shall be sentenced pursuant to paragraph (b) of subdivision
6 one of section 55.10 of the penal law provided, however, that any term
7 of imprisonment imposed for violation of this section shall be a defi-
8 nite sentence, which may not exceed two years, except that any person
9 who commits one or more of the acts specified in subdivision one of this
10 section in the presence of a child may be sentenced to a period not to
11 exceed four years. For purposes of this section, "in the presence of a
12 child" shall mean in the physical presence of a child under the age of
13 eighteen knowing or having reason to know that child is present and may
14 see or hear such act.
15 § 2. This act shall take effect on the one hundred eightieth day after
16 it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09860-01-5
