Increases certain penalties for violating the prohibition of animal fighting, overdriving, torturing and injuring animals and for aggravated cruelty to animals; establishes an animal abuser registry.
STATE OF NEW YORK
________________________________________________________________________
10119
IN ASSEMBLY
February 2, 2026
___________
Introduced by M. of A. CLARK -- read once and referred to the Committee
on Agriculture
AN ACT to amend the agriculture and markets law, in relation to increas-
ing certain penalties for violating the prohibition of animal fight-
ing, overdriving, torturing and injuring animals and for aggravated
cruelty to animals, and establishing an animal abuser registry
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph of subdivision 2 of section 351 of
2 the agriculture and markets law, as amended by chapter 190 of the laws
3 of 2004, is amended to read as follows:
4 Any person who engages in any of the following conduct is guilty of a
5 felony punishable by imprisonment for a period not to exceed [four]
6 seven years, or by a fine not to exceed twenty-five thousand dollars, or
7 by both such fine and imprisonment:
8 § 2. The opening paragraph of section 353 of the agriculture and
9 markets law, as amended by chapter 523 of the laws of 2005, is amended
10 to read as follows:
11 A person who overdrives, overloads, tortures or cruelly beats or
12 unjustifiably injures, maims, mutilates or kills any animal, whether
13 wild or tame, and whether belonging to [himself] such person or to
14 another, or deprives any animal of necessary sustenance, food or drink,
15 or neglects or refuses to furnish it such sustenance or drink, or caus-
16 es, procures or permits any animal to be overdriven, overloaded,
17 tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or
18 killed, or to be deprived of necessary food or drink, or who wilfully
19 sets on foot, instigates, engages in, or in any way furthers any act of
20 cruelty to any animal, or any act tending to produce such cruelty, is
21 guilty of a [class A] misdemeanor punishable by imprisonment for a peri-
22 od not to exceed three hundred sixty-four days and by a fine of eight
23 hundred fifty dollars, and for purposes of paragraph (b) of subdivision
24 one of section 160.10 of the criminal procedure law, shall be treated as
25 a misdemeanor defined in the penal law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11622-01-5
A. 10119 2
1 § 3. Subdivision 3 of section 353-a of the agriculture and markets
2 law, as added by chapter 118 of the laws of 1999, is amended to read as
3 follows:
4 3. Aggravated cruelty to animals is a felony[. A defendant convicted
5 of this offense shall be sentenced pursuant to paragraph (b) of subdivi-
6 sion one of section 55.10 of the penal law provided, however, that any
7 term of imprisonment imposed for violation of this section shall be a
8 definite sentence, which may not exceed two years] punishable by impri-
9 sonment for a period not to exceed seven years and by a fine of twenty
10 thousand dollars.
11 § 4. The agriculture and markets law is amended by adding a new
12 section 353-g to read as follows:
13 § 353-g. Animal abuser registry. 1. For purposes of this section, the
14 term "animal abuser" means a person over sixteen years of age who has
15 been convicted of a felony or misdemeanor violation of any provision of
16 this article or of the comparable statutes of another state.
17 2. Any animal abuser physically within the boundaries of this state
18 for more than ten consecutive days shall register with the county sher-
19 iff for the county in which the animal abuser is located before the end
20 of the eleventh day in the state.
21 3. Any previously registered animal abuser shall reregister with the
22 county sheriff for the county in which the animal abuser is located no
23 later than ten days after moving to a new location within the state.
24 4. When an animal abuser registers with the county sheriff, the animal
25 abuser shall provide the following registration information:
26 (a) the legal name and any other names or aliases that the animal
27 abuser is using or has used;
28 (b) the date of birth of the animal abuser;
29 (c) the social security number of the animal abuser;
30 (d) the current address or location of the animal abuser;
31 (e) the place of employment of the animal abuser;
32 (f) the animal protection offense for which the animal abuser was
33 convicted; and
34 (g) the date and place of the animal protection offense conviction of
35 the animal abuser.
36 5. When an animal abuser registers with a county sheriff, the sheriff
37 shall obtain:
38 (a) a photograph of the animal abuser and a complete set of the animal
39 abuser's fingerprints; and
40 (b) a description of any tattoos, scars or other distinguishing
41 features on the animal abuser's body that would assist in identifying
42 the animal abuser.
43 6. Following an animal abuser's initial registration pursuant to the
44 provisions of this section, an animal abuser shall annually renew the
45 animal abuser's registration with the county sheriff prior to December
46 thirty-first of each subsequent calendar year for a period of seven
47 years from the animal abuser's date of conviction or release from incar-
48 ceration for the underlying violation of this article, whichever is
49 later. An animal abuser who is convicted of a subsequent felony or
50 misdemeanor violation of any provision of this article or of the compa-
51 rable statutes of another state shall be required to annually renew such
52 animal abuser's registration with the county sheriff prior to December
53 thirty-first of each subsequent calendar year for the rest of their
54 life.
55 7. An animal abuser who intentionally or knowingly fails to comply
56 with the registration requirements, or provides false information when
A. 10119 3
1 complying with the registration requirements set forth in this section,
2 is guilty of a class E felony.
3 8. Each county sheriff shall maintain a local registry of animal abus-
4 ers in the sheriff's jurisdiction required to register pursuant to this
5 section.
6 9. The county sheriff shall forward all registration information
7 obtained from animal abusers to the New York state division of criminal
8 justice services.
9 10. Within ten days of receiving initial registration information from
10 an animal abuser, the county sheriff shall contact every residence,
11 school, humane society, animal shelter and any other business within a
12 half mile radius of the animal abuser's residence or location and
13 provide them with the animal abuser's registration information, with the
14 exception of the animal abuser's social security number.
15 11. The New York state division of criminal justice services shall
16 maintain a central registry of animal abusers required to register
17 pursuant to the provisions of this section. The central registry of
18 animal abusers shall be made available to the public through internet
19 access, telephone access, written access and in-person access. All of
20 the information contained in an animal abuser's registration, with the
21 exception of the animal abuser's social security number, shall be made
22 available. Records of each animal abuser's registration shall be main-
23 tained for the duration of the period in which the animal abuser is
24 required to be registered.
25 § 5. This act shall take effect on the one hundred eightieth day after
26 it shall have become a law. Effective immediately, the addition, amend-
27 ment and/or repeal of any rule or regulation necessary for the implemen-
28 tation of this act on its effective date are authorized to be made and
29 completed on or before such effective date.
