Add Art 243 §§243.00 - 243.30, Pen L; amd §§353 & 374, rpld §353-a, Ag & Mkts L; amd §380.50, CP L; add
§235-k, RP L; add Art 35 Title 1 §§846-aa - 846-ii, Exec L; amd §17-1601, NYC Ad Cd; amd §6714, Ed L
Establishes criminal offenses related to cruelty to and the killing of animals; provides for enhanced sentencing and victim statements; requires landlords to check the animal abuser registry; establishes the New York state animal abuser registry; makes conforming changes; repeals provisions relating to aggravated cruelty to animals.
STATE OF NEW YORK
________________________________________________________________________
9024
2025-2026 Regular Sessions
IN ASSEMBLY
September 5, 2025
___________
Introduced by M. of A. BLUMENCRANZ -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, the agriculture and markets law, the
criminal procedure law, and the real property law, in relation to
crimes against animals; to amend the executive law, in relation to
establishing the New York state animal abuser registry; to amend the
administrative code of the city of New York, the agriculture and
markets law and the education law, in relation to making conforming
changes; and to repeal section 353-a of the agriculture and markets
law relating to aggravated cruelty to animals
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "New York
2 State Animal Justice Act".
3 § 2. Legislative intent. The legislature finds and declares that
4 companion animals are sentient beings who form integral parts of the
5 human family. Current law inadequately punishes or prevents acts of
6 cruelty, torture, or theriocide against animals. The purpose of this act
7 is to provide justice for animals, empower victims, and create the
8 strongest and most comprehensive companion animal protection laws in the
9 United States.
10 § 3. The penal law is amended by adding a new article 243 to read as
11 follows:
12 ARTICLE 243
13 CRIMES AGAINST ANIMALS
14 Section 243.00 Recognition of sentient animal life.
15 243.05 Definitions.
16 243.10 Cruelty to animals.
17 243.15 Aggravated cruelty to animals.
18 243.20 Theriocide.
19 243.25 Effect.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13463-01-5
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1 243.30 Additional considerations, sentencing enhancements and
2 provisions.
3 § 243.00 Recognition of sentient animal life.
4 Companion animals are recognized under New York state law as sentient
5 beings and not merely property.
6 § 243.05 Definitions.
7 For purposes of this article:
8 1. "companion animal" shall have the same meaning as defined in subdi-
9 vision five of section three hundred fifty of the agriculture and
10 markets law;
11 2. "serious physical injury" shall have the same meaning as defined in
12 subdivision twenty-nine of section one hundred eight of the agriculture
13 and markets law; and
14 3. "theriocide" means the killing of an animal by a human being.
15 § 243.10 Cruelty to animals.
16 A person is guilty of cruelty to animals when with no justifiable
17 purpose, such person:
18 1. intentionally, recklessly or with criminal negligence causes pain,
19 suffering or injury to any companion animal; or
20 2. recklessly or with criminal negligence causes the death of any
21 companion animal.
22 Cruelty to animals is a class A misdemeanor.
23 § 243.15 Aggravated cruelty to animals.
24 A person is guilty of aggravated cruelty to animals when, with no
25 justifiable purpose, such person intentionally kills or intentionally
26 causes serious physical injury to a companion animal with aggravated
27 cruelty. For purposes of this section, "aggravated cruelty" shall mean
28 conduct which:
29 1. is intended to cause extreme physical pain; or
30 2. is done or carried out in an especially depraved or sadistic
31 manner.
32 Aggravated cruelty to animals is a class E felony.
33 § 243.20 Theriocide.
34 A person is guilty of theriocide when, during the commission of a
35 felony, including actions taken in advance of or immediately after the
36 commission of a felony, such person intentionally causes the death of a
37 companion animal.
38 Theriocide is a class A felony.
39 § 243.25 Effect.
40 1. Conviction of an offense under this article shall not preclude the
41 enforcement of any other provision of law.
42 2. Nothing contained in this article shall be construed to prohibit or
43 interfere in any way with anyone lawfully engaged in hunting, trapping,
44 or fishing, as provided in article eleven of the environmental conserva-
45 tion law, the dispatch of rabid or diseased animals, as provided in
46 article twenty-one of the public health law, or the dispatch of animals
47 posing a threat to human safety or other animals, where such action is
48 otherwise legally authorized, or any properly conducted scientific
49 tests, experiments, or investigations involving the use of living
50 animals, performed or conducted in laboratories or institutions approved
51 for such purposes by the commissioner of health pursuant to section
52 three hundred fifty-three of the agriculture and markets law.
53 § 243.30 Additional considerations, sentencing enhancements and
54 provisions.
55 1. For purposes of sentencing for a violation or violations of this
56 article:
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1 (a) each act of cruelty or theriocide toward a single animal shall be
2 considered a separate offense and shall be subject to consecutive
3 sentencing; and
4 (b) a single act of cruelty or theriocide involving separate animals
5 shall be considered to be a separate offense for each act toward each
6 involved animal and shall be subject to consecutive sentencing.
7 2. A mandatory sentencing enhancement of five years shall be imposed
8 for each animal killed upon conviction under section 243.20 (theriocide)
9 of this article.
10 3. In determining sentencing, securing orders, plea deals, or parole
11 conditions in cases involving animal cruelty or theriocide, the court
12 shall consider the loss of sentient animal life as a factor.
13 § 4. Section 353 of the agriculture and markets law is amended by
14 adding a new closing paragraph to read as follows:
15 The provisions of this section shall not apply to a companion animal
16 as contemplated by article two hundred forty-three of the penal law.
17 § 5. Section 353-a of the agriculture and markets law is REPEALED.
18 § 6. Section 380.50 of the criminal procedure law is amended by adding
19 a new subdivision 7 to read as follows:
20 7. In any sentencing proceeding for a conviction of a crime under
21 article two hundred forty-three of the penal law, a court shall permit
22 the owner (or owners), foster care provider or caregiver of the animal
23 that was the subject of the offense, to make a statement regarding the
24 effect of the harm to the subject animal, or to persons or other
25 animals, as a result of the injury to or death of the subject animal.
26 § 7. The real property law is amended by adding a new section 235-k to
27 read as follows:
28 § 235-k. Tenant animal safety disclosure and registry check. 1. Prior
29 to entering into a residential lease, a landlord or such landlord's
30 designated agent shall:
31 (a) check the prospective tenant against the New York state animal
32 abuser registry established under title one of article thirty-five of
33 the executive law; and
34 (b) disclose in writing to other tenants or residents if a registered
35 animal abuser is residing or will reside in the building.
36 2. Any person who violates the provisions of this section shall be
37 liable in civil penalties not to exceed five thousand dollars for each
38 such violation.
39 § 8. Article 35 of the executive law is amended by adding a new title
40 1 to read as follows:
41 TITLE 1
42 NEW YORK STATE ANIMAL ABUSER REGISTRY
43 Section 846-aa. Definitions.
44 846-bb. Creation of animal abuser registry.
45 846-cc. Duty to register and to verify.
46 846-dd. Coordination with other registries.
47 846-ee. Prohibition on contact with animals.
48 846-ff. Prohibition of transfers of animals to animal abusers.
49 846-gg. Rules.
50 846-hh. Penalties.
51 846-ii. Applicability.
52 § 846-aa. Definitions. For the purposes of this title, the following
53 terms shall have the following meanings:
54 1. "Animal abuse crime" shall mean a violation of the following:
55 (a) section three hundred fifty-one (animal fighting), three hundred
56 fifty-three (overdriving, torturing or injuring animals; failure to
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1 provide proper sustenance), three hundred fifty-three-c (electrocution
2 of fur-bearing animals), three hundred fifty-five (abandonment of
3 animals), three hundred fifty-six (failure to provide proper food and
4 drink to an impounded animal), three hundred sixty (poisoning or
5 attempting to poison animals), or three hundred sixty-one (interference
6 with or injury to certain domestic animals) of the agriculture and
7 markets law;
8 (b) section three hundred fifty-three-a (aggravated cruelty) of the
9 agriculture and markets law;
10 (c) section 242.15 of the penal law (harming a service animal in the
11 first degree);
12 (d) an offense described in article two hundred forty-three of the
13 penal law; or
14 (e) an offense in any other jurisdiction which includes all of the
15 essential elements of any offense provided for in paragraph (a), (b),
16 (c) or (d) of this subdivision.
17 2. "Animal shelter" shall mean a public or not-for-profit entity
18 owning, operating, or otherwise maintaining a building, structure, or
19 facility where temporary or permanent housing and care is provided to
20 stray, abandoned, abused, seized, impounded, owner-surrendered or other-
21 wise unwanted animals regardless of whether or not such facility also
22 serves as a personal residence. This includes but is not limited to:
23 facilities owned, operated, or maintained by a duly incorporated society
24 for the prevention of cruelty to animals, a duly incorporated humane
25 society dog or cat protective association, or pound; any person in the
26 employ of, or organization operated by or under contract to a munici-
27 pality to provide care for seized or impounded animals; or any other
28 not-for-profit organization involved in the protection, care, or rehom-
29 ing of animals. The term "animal shelter" shall not include the personal
30 residence of any foster care provider; a facility commonly known as a
31 boarding kennel, where the ownership of the animal is not transferred;
32 any entity licensed as a pet dealer; any duly incorporated animal hospi-
33 tal owned, operated or supervised by a duly licensed veterinarian; or
34 any facility where the owner or operator is licensed by the New York
35 state department of environmental conservation as a nuisance wildlife
36 control agent or wildlife rehabilitator.
37 3. "Animal rescue group" means a duly incorporated not-for-profit
38 organization that accepts homeless, lost, stray, abandoned, seized,
39 surrendered or unwanted animals from an animal shelter or other place
40 and attempts to find homes for, and promote adoption of, such animals by
41 the general public.
42 4. "Authorized entity" shall mean any of the following: a humane soci-
43 ety duly incorporated in the state of New York, a society for the
44 prevention of cruelty to animals duly incorporated in the state of New
45 York, a dog or cat protective association duly incorporated in the state
46 of New York, an animal control officer, a pet dealer, a veterinarian, an
47 animal rescue, or an animal shelter operating in the city of New York.
48 5. "Convicted of" shall mean an adjudication of guilt by any court of
49 competent jurisdiction, whether upon a verdict or plea of guilty or nolo
50 contendere.
51 6. "Pet dealer" shall have the same meaning as defined in section four
52 hundred of the agriculture and markets law.
53 7. "Registrant" shall mean a person required to register with the
54 division pursuant to this title.
55 8. "Registry" shall mean the animal abuser registry created pursuant
56 to section eight hundred forty-six-bb of this title.
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1 § 846-bb. Creation of animal abuser registry. 1. The division shall
2 create, manage and maintain an electronic registry of individuals living
3 in the state who have been convicted of an animal abuse crime and who
4 have registered with the division pursuant to this title.
5 2. The information maintained in the registry created pursuant to this
6 section shall only be made available to law enforcement agencies,
7 district attorneys or when otherwise required by law, and shall other-
8 wise be kept confidential; provided, however, that the division shall
9 grant authorized entities the password-protected ability to electron-
10 ically query the registry using a person's name, driver's license or
11 non-driver photo ID card number, or other identifying information deter-
12 mined by the commissioner, and to receive in response to such query
13 electronic notice of whether such person is prohibited from owning an
14 animal under section eight hundred forty-six-ee of this title.
15 § 846-cc. Duty to register and to verify. 1. Any person eighteen years
16 of age or older who resides in the state and has been convicted of an
17 animal abuse crime on or after the effective date of this title shall:
18 (a) at least ten calendar days prior to discharge, parole, release to
19 post-release supervision or release from any state or local correctional
20 facility, hospital or institution where the person was confined or
21 committed, or, (b) within five days of the time sentence is imposed for
22 the person released on probation or discharged upon payment of a fine,
23 conditional discharge or unconditional discharge, register with the
24 division on a form prepared by the division; provided, however, no
25 person shall be required to appear before the division to register pend-
26 ing resolution of an appeal of such conviction.
27 2. Any person eighteen years of age or older who was convicted of an
28 animal abuse crime in another state, country or territory on or after
29 the effective date of this title who subsequently establishes residency
30 in the state shall, within five days of establishing such residency,
31 personally appear before the division at a location determined by the
32 commissioner to register.
33 3. The division shall photograph the registrant at the time of regis-
34 tration and shall collect and record the information specified in subdi-
35 vision four of this section.
36 4. At the time of registration, any person required to register pursu-
37 ant to this title shall submit to the division the following:
38 (a) the registrant's name, all aliases used, date of birth, sex,
39 complexion, race or ethnicity, height, weight, eye color, number of any
40 driver's license or non-driver photo ID card, home address and/or
41 expected place of residence;
42 (b) a description of the offense for which the registrant was
43 convicted, the date of conviction and the sentence imposed; and
44 (c) any other documentation as the commissioner deems acceptable to
45 verify the information provided by the registrant.
46 5. Within twenty days of each one-year anniversary of the registrant's
47 initial registration date for so long as such registrant remains on the
48 registry pursuant to subdivision seven of this section, such registrant
49 shall personally appear at a location designated by the commissioner.
50 At such appearance the division shall photograph the registrant and
51 verify the continuing accuracy of the information provided by the regis-
52 trant pursuant to subdivision three of this section.
53 6. Within five days of any change in any of the information provided
54 by a registrant pursuant to subdivision three of this section, such
55 registrant shall personally appear before the division to submit updated
56 information for the registry.
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1 7. Each registrant shall remain on the animal abuser registry for ten
2 years following the registrant's release from incarceration or the date
3 sentencing was rendered, whichever is later, provided, however, that
4 registrants who are convicted of any subsequent animal abuse crime shall
5 remain on the animal abuser registry for ten years following the date of
6 their most recent conviction.
7 § 846-dd. Coordination with other registries. Any local animal abuser
8 registry operating within the state shall forward information related to
9 animal abusers in its registry to the animal abuser registry created
10 pursuant to section eight hundred forty-six-bb of this title within
11 thirty days of the effective date of this title and shall update such
12 information quarterly thereafter. Such information shall include all
13 information required to be disclosed by registrants pursuant to subdivi-
14 sion four of section eight hundred forty-six-cc of this title to the
15 extent that such information is available to the local animal abuser
16 registry.
17 § 846-ee. Prohibition on contact with animals. A person who is regis-
18 tered or required to register pursuant to section eight hundred forty-
19 six-cc of this title or who is registered with a local animal abuser
20 registry shall not own, possess, reside with, have custody of, or inten-
21 tionally engage in any physical contact with any animal.
22 § 846-ff. Prohibition of transfers of animals to animal abusers. 1.
23 Prior to the exchange or transfer of ownership of any animal in the care
24 of an authorized entity operating in the state, an employee or volunteer
25 of such entity shall consult the animal abuser registry established by
26 this title to determine whether the person seeking ownership of such
27 animal is listed on the animal abuser registry.
28 2. No entity required to consult the animal abuser registry shall
29 exchange or transfer the ownership of any animal to any person listed on
30 the animal abuser registry.
31 3. A pet dealer that allows an animal shelter or animal rescue group
32 to use such pet dealer's premises for the purpose of making animals
33 available for adoption shall be exempt from the requirements of subdivi-
34 sions one and two of this section with respect to such animals, provided
35 such pet dealer does not have an ownership interest in any of the
36 animals that are made available for adoption.
37 § 846-gg. Rules. The commissioner may promulgate rules necessary for
38 the implementation of this title.
39 § 846-hh. Penalties. Any person found in violation of section eight
40 hundred forty-six-cc or eight hundred forty-six-ee of this title or any
41 rules promulgated thereunder shall be guilty of a misdemeanor punishable
42 by incarceration for not more than one year or a fine of up to one thou-
43 sand dollars, or both.
44 § 846-ii. Applicability. This law shall apply to all persons convicted
45 of an animal abuse crime on or after the effective date of this title.
46 § 9. Paragraphs 3, 9 and 10 of subdivision a of section 17-1601 of the
47 administrative code of the city of New York, as added by local law
48 number 4 of the city of New York for the year 2014, are amended to read
49 as follows:
50 3. aggravated cruelty to animals, as defined in former section three
51 hundred fifty-three-a of the agriculture and markets law;
52 9. harming a service animal in the first degree, as defined in section
53 242.15 of the penal [code] law; [or]
54 10. an offense described in article two hundred forty-three of the
55 penal law; or
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1 11. an offense in any other jurisdiction which includes all of the
2 essential elements of any such crime provided for in paragraph one, two,
3 three, four, five, six, seven, eight, [or] nine, or ten of this subdivi-
4 sion.
5 § 10. Paragraph a of subdivision 8 of section 374 of the agriculture
6 and markets law, as amended by chapter 594 of the laws of 2003 and
7 renumbered by chapter 479 of the laws of 2009, is amended to read as
8 follows:
9 a. In addition to any other penalty provided by law, upon conviction
10 for any violation of section three hundred fifty-one, three hundred
11 fifty-three, [three hundred fifty-three-a,] three hundred fifty-three-b,
12 three hundred fifty-five, three hundred fifty-six, three hundred fifty-
13 nine, three hundred sixty, three hundred sixty-one, three hundred
14 sixty-five or three hundred sixty-eight or former section three hundred
15 fifty-three-a of this article or of an offense described in article two
16 hundred forty-three of the penal law, the convicted person may, after a
17 duly held hearing pursuant to paragraph f of this subdivision, be
18 ordered by the court to forfeit, to a duly incorporated society for the
19 prevention of cruelty to animals or a duly incorporated humane society
20 or authorized agents thereof, the animal or animals which are the basis
21 of the conviction. Upon such an order of forfeiture, the convicted
22 person shall be deemed to have relinquished all rights to the animals
23 which are the basis of the conviction, except those granted in paragraph
24 d of this subdivision.
25 § 11. Paragraph (a) of subdivision 2 of section 6714 of the education
26 law, as amended by chapter 546 of the laws of 2021, is amended to read
27 as follows:
28 (a) When a veterinarian reasonably and in good faith suspects that a
29 companion animal's injury, illness or condition is the result of animal
30 cruelty in violation of section three hundred fifty-one[,] or three
31 hundred fifty-three of the agriculture and markets law or of an offense
32 described in article two hundred forty-three of the penal law or of
33 former section three hundred fifty-three-a of the agriculture and
34 markets law, the veterinarian shall report the incident and disclose
35 records concerning the companion animal's condition and treatment to any
36 officer or agent authorized pursuant to sections three hundred seventy-
37 one and three hundred seventy-three of the agriculture and markets law
38 to respond to and investigate complaints of animal cruelty. The identi-
39 ty of such veterinarian making a report pursuant to this paragraph shall
40 only be made available to an officer or agent authorized pursuant to
41 section three hundred seventy-one or three hundred seventy-three of the
42 agriculture and markets law.
43 § 12. Severability. If any clause, sentence, paragraph, subdivision,
44 section or part of this act shall be adjudged by any court of competent
45 jurisdiction to be invalid, such judgment shall not affect, impair, or
46 invalidate the remainder thereof, but shall be confined in its operation
47 to the clause, sentence, paragraph, subdivision, section or part thereof
48 directly involved in the controversy in which such judgment shall have
49 been rendered. It is hereby declared to be the intent of the legislature
50 that this act would have been enacted even if such invalid provisions
51 had not been included herein.
52 § 13. This act shall take effect on the first of January next succeed-
53 ing the date upon which it shall have become a law. Effective imme-
54 diately, the addition, amendment and/or repeal of any rule or regulation
55 necessary for the implementation of this act on its effective date are
56 authorized to be made and completed on or before such effective date.
